HomeMy WebLinkAboutCOM 0208.121 2004-2006 Mvv or
STACYK. RIGA Phone Nn.: (808) 961-8396
Chairperson & Presiding Officer ~oy~ Fax No.: (808) 961-8912
Dis~rici 4 E-mail: shiga@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawaii
Han aii Counry l3ui(ding
.'S ~upwri Street
Hdo. Hawaii 96720
June 1, 2005
To: Council Members, Hawaii County Council _
From: Stacy K. Higa, Chair ~ ~
Re: Bill 78, Draft 3 (proposed)/ C~/ _
Attached for review and transmittal is a proposed Draft 3 of Bill 78. The changes are bolded in
the attached copy to highlight the changes from Draft 2 to Draft 3 (proposed).
The major changes in Draft 3 (proposed) are outlined below:
• SECTION 1, page 1. Adds language to expand the purpose section to include the
establishment of the Public Access, Open Space ,and Natural Resources Preservation
Commission, and the protocol necessary to carry out the requirements of the ordinance.
• Section 2-225 (b)(4), page 2. Deletes impact fees and other developer fees as monies to be
put into the fund.
• Section 2-225 (d)(8), page 2. Deletes provision for improvements as they are not a stated
purpose of the ordinance
• Section 2-225 (e), page 2. Deletes Planning Director, Finance Director and Parks and
Recreation Director as ex officio members of the Commission.
• Section 2-225 (f), page 3. Allows Council to select land or lands to be preserved.
• Section 2-225 (g), page 3. Adds provision allowing only certain parties to participate in
negotiations for acquisition of lands
• Section 2-225 (h), page 3. Adds provision that costs shall be allocated equally between the
parties.
Other minor points of clarification are also included in Draft 3 (proposed).
Thank you for your consideration.
/ 3~ ~ ~ Comm. No. 2 O$ • I L I
~ ~ ~ Ref. To: Pteeer~
Hawai `i Cnunty Ls An Equa[ Opportunity Provider And Employer
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 78
Draft 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE, AS
AMENDED, RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this ordinance is to_ ~ provide a permanent funding source to he
used for acquiring lands or property entitlements for: land protection; public outdoor recreation
and education, including access to beaches and mountains; preservation of historical or culturally
important land areas and sites; protection of natural resources, including buffer zones;
preservation of forests, beaches, coastal areas and agricultural lands; and protection of watershed
lands to preserve water quality and water supply; and public access to, and enjoyment of public
lands and open spacc[.~; 2) to establish the Public Access. Open Space, and Natural
Resources Preservation Commission, and the Commission's duties; and, 3) to establish the
protocol necessary to carry out the requirements of this ordinance.
SECTION 2. `Che Hawaii County Code, Chapter 2, is hereby amended by adding a new
article to read as follows:
Article 41. Public Access, Open Space, and Natural Resources Preservation Fund
Section 2-225 Public Access, Open Space, and Natural Resources Preservation Fund.
(a) A Public Access, Open Space, and Natural Resources Preservation Fund is hereby
established. This special fund shall be administered and managed by the [planning]
finance department.
(b) The fund shall consist of [ttteneys~ monies from:
(1) The proceeds from the sale of any general obligation bonds, authorized and issued
for the purposes of this article;
(2) Council appropriations for the purposes of this article;
(3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii
County Code for the purposes of this article; and
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(5) ~ Grants and private contributions intended for the purposes of this article.
(c) In adopting each fiscal year's operating budget [and capital budget], the council shall
a ro Hate „ pcrc.,.. P..,i,c~s] [~-leastl a minimum of
$250,000 to the Public Access, Open Space, and Natural Resources Preservation Fund.
When the unencumbered balance in the fund (exclusive of bond proceeds) equals or
exceeds $5,000,000, no further county appropriations shall be made until the balance
falls below $5,000,000.
Nothing in this section shall prevent the Council from appropriating amounts in
excess of the above minimum amounts to this fund.
(d) The fund shall be used for acquiring lands or property entitlements [^^eme„ t;]
in the county of Hawaii for the following purposes:
(1) Public outdoor recreation and education, including access to beaches and
mountains.
(2) Preservation of historic or culturally important land areas and sites.
(3) Protection of natural resources, including buffer zones.
(4) Preserving] Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands.
(5) [Protecting] Protection of watershed lands to preserve water quality and water
supply.
(6) ,
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m~v~r rand ri~~naun - ...:.7..., ,.,.o..~0,7 f,... th^ «^..,1:....-,. F '
tF~~] "there is established a Public Access, Open Space, and Natural Resources
Preservation Commission. "there shall be nine members on this commission, appointed
by the Mayor and confirmed by the Council. One member shall reside in each county
council district. IT"^ oI^....:.... n• 4 c• 4 „_.,rpQ
,l Staff support shall
be provided by the Finance Department. The duties and responsibilities of this
commission are:
(1) To develop an initial island-wide prioritized list of qualifying lands worthy of
preservation and submit it to the mayor. Priorities shall be listed on an island-
wide rather than district basis. The list shall include the significance of each
parcel or entitlement identified the reason for its priority and its anticipated use
after acquisition;
(2) To update this list at any time, but at least annually by December 31 of each
Year and
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1(4)A3) To explore methods of funding land acquisition and make
recommendations to the Mayor. 1
((5)I (4) The commission shall give emphasis to land acquisitions where the
county's contribution can be leveraged to obtain state. federal, and/or private
funds.
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(t) The prioritized list developed by the commission shall be submitted to the Mayor for
comments and recommendation. IT'•°'~°4-°""-° ••°°a ° ' a
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.l -Within 60 days after
receipt, the Mayor will submit the list to the council with comments and
recommendations f 1, ~n.......~ 41 .......:....:4., R~L .1
°°~l The Council shall, by resolution, select the land or lands to be
preserved. Under no circumstances shall the purchase price paid for a property exceed
the appraised value as prepared by an independent appraiser engaged by the county
Where there are multiple lands under consideration at any one time, priority shall be
given to coastal lands and lands where matching funding is available to leverage the
county contribution.
~ Negotiations for acquisition of lands to be ureserved shall occur between the County
and the seller or its commissioned agent, or a licensed broker only. The
Commission shall have no role in the negotiations other than in its advisory
ca aci
(b) Appraisals, title reports, surveL€ and other costs incidental to the acauisition of land
shall be permitted uses of this fund. These costs shall be allocated equally between the
seller and the buyer.
(i) Adequate staff to carry out the provisions of this article and to manage the land acquired
shall be provided in the Department of Finance to maximize the use of available funds by
minimizing the payment of commission to outside agents to put together funding plans
and to ensure that the count good steward of any land that comes under its control
through this article.
SECTION 3. For initial members of the Public Access, Open Space, and Natural Resources
Preservation Commission, the terms shall range in length from one to five years. Initial
members of this commission shall be appointed by the Mayor no later than August 31, 2005
Within six months of appointment of the commission, an island-wide prioritized list of
qualifying lands worthy of preservation shall be developed by the commission.
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SECTION 4. If any provision of this ordinance or the application thereof is held invalid, such
invalidity shall not affect other provisions or applications of the ordinance which can be given
effect without the invalid provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
IN"fRODUCED BY:
OUNCIL ER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Is' Reading:
Date of 2"d Reading:
F,ffective Date:
REFERENCE: COMM. 208.121
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