HomeMy WebLinkAboutBIL 171 Draft 02 2004-2006 ~fY OS N,Y
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 171
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ORDINANCE NO.
AN ORDINANCE AMENDING CI IAPTE,R 2, ARTICLE 42, HAWAII COi1NTY CODi?
1983 (2005 EDITION), RI:I,ATING TO 7~HE PiJI3L1C ACCESS, OPEN SPACE. AND
NATURAL, RESOURCES PRIiSI?RVATION COMMISSION.
f3fi I"I~ ORDAINED [3Y THI? COUNCIL OC "fHEi COUN"fY OF 1[AWAI'I:
SEC"170N l . Chapter 2, article 42. section 2-214, I lawai`i County Code 1983 (2005
lidition). is amended to read as fiillows:
"Section 2-214. 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 he administered and managed by the linance department.
(b) l'he fund shall consist of monies from:
(1) 'I~he proceeds from the sale of any general obligation bonds, authorized and
issued for the purposes of this article:
(3) Council appropriations for the purposes of this article;
(3) My source of revenue dedicated by the Hawaii County Charter or the I la~eai~i
County Codc for the purposes of this article; and
Urants and private contributions intended for the purposes of this article.
(c) In adopting each fiscal year's operating budget, the council shall appropriate a
minimum of $250.000 to the public access, opa~ space, and natural resources preservation fiord.
(1) When the unencumbered balance in the fund (exclusive of bond proceeds) equals
or exceeds $x,000,000. no further county appropriations shall he made until the
balance tally below $5,000.000.
(2) Nothing in this section shall prevent the council from appropriating amounts in
excess of the above minimum amounts to this fund.
(d~ 111e fund shall be used for acquiring lands or property entitlements in the County oC
?Iawai`i 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;
(q) Preservation of (brests, beaches, coastal areas, natural beauty and agricultural
lands; and
(5) Protection of watershed lands to preserve water quality and water supply.
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SI?C'I'lON 2. Chapter 2, article 42, [Iawai`i County Code 1983 (2005 Edition), is amended
by adding a new section to he designated section 2-2] 5, and to read as follows:
"Section 2-215. Public access, open space, and natural resources preservation
commission.
(a) 'I~hcre is established a public access, open space, and natural resources preservation
commission. '[here shall be nine members on this commission, appointed by the manor and
confirmed by the council. ~ he members may be removed upon recommendation by the mayor
and the approval of the council. One member shall reside in each County council district. The
members shall serve stat,t;ercd terms of tine vears. Upon initial appointment of the commission,
one member shall he appointed to a term of one year, two for a term of two years, two for a term
of three vears, two for a term of tour vears, and Lwo Cor a teem of five tears. Staff support shall
be provided by the finance department.
(b) No member shall lie eligible for a second appointment to the commission prior to the
expiration of two years, pro~_ided that members initially appointed for a term of one year and two
vears shall be eligible to succeed themselves for an additional term.
(c) No member whose term has expired shall continue to serve on the commission, except
that if no successor has been apnclinted and confirmed, the member shall continue to serve for
ninety days_or until a successor is appointed and confirmed, whichever comes first.
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(d) Any vacane~urriug in the commission shall be tilled for the unexpired term.
(e) Not more than a hare majority of the members shall belong to the same political part
(f1 Members shall receive no compensation but shall be reimbursed for neceSSarti~
expenses incurred in the performance of their duties. Necessary expenses may be paid in
ad.°ancc as per diem allowance pursuant to article 16.
n chairperson shall be elected from its membership annually.
'I~he affirmative v~rtc of a maiority of those members present shall be necessary to
make any action valid.
(i) The commission shall have the power to establish its Hiles of procedure necessary for
the conduct of its business, which rules shall contain the time and place of all regular meetings,
and which shall specify that a c uorum shall be a majority of the members to which the
commission is entitled.
(j) No person shall, by reason of occupation alone, he barred from serving as a member of
this commission.
"fhe council shall uct to confirm or reject any appointment made to the commission by
the mayor within forty-five days after receiving notice of the appointment from the mayor. if the
council does not confirm or reject any such appointment within forty-five days, the appointee
shall be deemed to have been confirmed.
'fhe redrawing of the cuuncil district boundaries duri~ a member's term shall not
affect a member's cli ~i~y to represent the district to which the member was appointed."
SGC'f[ON 3. Chapter ? article 42, Hawaii County Code 1983 (2005 Edition), is amended
by adding a new section to be designated section 2-216, and to read as follows:
"Section 2-216. Oath of affirmation.
[3efore beginning their duties, each member appointed shall subscribe to the oath or
affirmation before some person dulyyualiiied to administer oaths
'I, do solemnly swear (or affirm that I will support and defend
the Constitution of the United States and the Constitution of the State of Hawaii, and that I will
faithfull~ischar~e my dutiesis a member of the public acces~~~en space, and natural
resourcespreservation commission to the best ofm~abilih~.'~
S[?C~I~ION 4. Chapter 2, article 42, I [awai`i County Code 1983 (2005 Edition), is amended
b}• adding a new section to be designated section 2-217. and to read as follows:
"Section 2-217. lluties and responsibilities of the commission.
fhe duties and responsibilities of dtiscommission arc:
(1) ']~o develop and submit to die mayor, an initial island-wide prioritized list of
qualifying lands worthy of preservation within six months of being confirmed to
die commission by the council. Priorities shall be listed on an island-wide rather
than district basis. The list shall include the significance of each parceV or
entitlement identified, the reason for its priority, and its anticipated use after
acquisition
(2) 'fo update this list at any time, but at Icast annually by December 31 of ead~ year;
and
(3) "fo explore methods of funding land acquisition and make reconuncndations to
the mayor.
(d) "The commission shall dive emphasis to land acquisitions where the County's
contribution can be leveraged to obtain State, h'ederal, and/or private finds."
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SP.CTION 5. Chapter 2, article 42, Hawaii County Code 1983 (2005 l;dition), is amended
by adding a new section to be designated section 2-218, and to read as follows:
"Section 2-218. Prioritized list of gualifyinE lands worthy of preservation.
(a) The prioritized list developed by the commission shall he submitted to the mavor for
comments and recommendation. Within sixty days atter receiut, the mavor will submit the list to
the council with comments and recommendations. 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 inde~ndent appraiser engaged b~ the
County. Where there arc multiple lands under consideration at any one time, priority shall be
given to coastal (ands and lands where matching funding is available to leverage the County
contribution.
(b) Negotiations for acquisition of lands to be preserved sFiall 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 capacity
Appraisals, title reports, surveying and other costs incidental to the acquisition of land
shall be permitted uses of this fund. "hhese costs shall he allocated equally between the seller and
the buyer.
~_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 yf commission to outside agents to nut together fundinfplans and to
ensure that the County is a good steward of any land that cgmes under its control through this
article.'
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SECTION 6. Material to be repealed is stricken and bracketed. New material is
underscored. In printing this ordinance, the brackets, bracketed raterial, and underscoring need
not be included.
SF,CTION 7. In the event that any portion of this ordinance is declared invalid, such
im~alidiry shall not aftect other parts of this ordinance.
SI{C"PION K. 'I'bis ordinance shall take effect upon its approval.
INTRODUCGD~ 13 Y':
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COUNCIL. MI?ME31i-OLI TY OF HtAWA]'I
I[ilo, Huwai'i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Datr.
R[F~~~ErSCE: Comm: 538._2.-
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