HomeMy WebLinkAboutORD 2005-166 2004-2006 ~tv or N~~
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 171
Draft 2
ORDINANCE NO. 05 1~6
AN ORDINANCE AMENDING CIIAPTER 2, ARTICLE 42, HAWAII COUNTY CODE,
1983 (2005 EDPCION), RELATING TO THE PUBLIC ACCIiSS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION COMMISSION.
BE I"f ORDAINED BY THE COUNCI[. OF THF, COUN"fY OF HAWAII:
SECTION 1. Chapter 2, article 42, section 2-214, Hawaii County Code 1983 (2005
Edition), is amended to read as follows:
"Section 2-2] 4. 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 finance department.
(b) The fund shall consist of 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 Hawai' i
County Code for the purposes of this article; and
(4) Grants 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, open space, and uatural resources preservation fund.
(1) When the unencumbered balance in the ftmd (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.
(2) 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 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) Preservation oC forests, 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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SECTION 2. Chapter 2, article 42, Hawaii County Code 1983 (2005 Edition), is amended
by adding a new section to be designated section 2-215, and to read as follows:
"Section 2-215. Public access, open space, and natural resources preservation
commission.
(a) 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. The members may be removed upon recommendation by the mayor
and the approval of the council. One member shall reside in each County council district. "fhe
members shall serve staggered terms of five years. Upon initial appointment of the commission,
one member shall be appointed to a term of one year, two [or a term of two years, two for a term
of three Years two for a term of four years, and two for a term of five years. Staff support shall
be provided by the finance department.
(b) No member shall be eligible for a second appointment to the commission prior to the
expiration of two years provided that members initially appointed for a term of one year and two
years 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 appointed 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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(d1 Any vacancy occurring in the commission shall be tilled for the unexpired term.
(e) Not more than a bare maiority of the members shall belong to the same political party.
(f) Members shall receive no compensation but shall be reimbursed for necessarv
e~enses incurred in the performance of their duties. Necessary expenses may be paid in
advance as per diem allowance pursuant to article 16.
(al A chairperson shall be elected from its membership annually.
(h) The affirmative vote of a majority of those members present shall be necessary
make any action valid.
(i) The commission shall have the power to establish its rules of procedure necessarv for
the conduct of its business, which rules shall contain the time and place of all regular meetings
and which shall specify that a quorum shall be a matority of the members to which the
commission is entitled.
(j) No Berson shall, by reason of occupation alone, he barred from serving as a member of
this commission.
(k) 'The council shall act to confirm or reiect 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.
(p The redrawing of the council district boundaries during a member's term shall not
affect a member's eligibility to represent the district to which the member was appointed."
SECTION 3. Chapter 2, 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:
5
"Section 2-216. Oath of affirmation.
Before beeinnin~ their duties, each member appointed shall subscribe to the oath or
affirmation before some person duly qualified to administer oaths:
"I do solemnly swear (or affirm) that 1 will support and defend
the Constitution of the United States and the Constitution of the State of Hawai' i, and that I will
faithfully discharge my duties as a member of the public access, open space, and natural
resources preservation commission to the best of my ability"
SECTION 4. Chapter 2, article 42, Hawaii County Code 1983 (2005 Edition), is amended
by adding a new section to be designated section 2-217, and to read as follows:
"Section 2-217. Duties and responsibilities of the commission.
The duties and responsibilities of this commission are:
(1) To develop and submit to the mayor, an initial island-wide prioritized list of
qualifying lands worthy of preservation within six months of beint c~ntirmcd to
the commission by the council. Priorities shall he 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
(3) "fo explore methods of funding land acquisition and make recommendations tc~
the mayor.
(4) The commission shall give emphasis to land acquisitions where the County's
contribution can be IeveraQed to obtain State, Federal, and/or private hinds."
6
SF,CTiON 5. Chapter 2, article 42, Hawaii County Code 1983 (2005 Edition), is amended
by adding a new section to be designated section 2-218, and to read as follows:
"Section 2-218. Prioritized list of qualifying lands worthy of preservation.
(a) The prioritized list developed by the commission shall be submitted to the mayor for
comments and recommendation. Within sixty days after receipt, the mayor 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 purchasesrice 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
>i~to coastal lands and lands where matching_funding is available to leverage the County
contribution.
(bl Negotiations for acquisition of lands to be preserved shall occur between the County
and the seller or its commissioned agent, or a licensed broker oniy. The commission shall have
no role in the negotiations other than in its advisory capaci~
(c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land
shall be permitted uses of this fund. These costs shall be allocated equally between the seller and
the buyer.
(d) Adequate staff to carry out the provisions of this article and to manaee the land
acquired shall be provided in the department of finance to maximize the use of available funds
by minimizingthe payment of commission to outside agents to put together funding plans and to
ensure that the County is a good steward oC any land that comes under its control ,through this
article."
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SECTION 6. Material to he repealed is stricken and bracketed. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 7. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect other parts of this ordinance.
SECTION 8. 'T'his ordinance shall take effect upon its approval.
INTRODUCEI. BY:
~G~i'
COUNCIL EMBE -DL TY OF IIAWAI`I
,J
Hawai `i
Date of Introduction: November 22, 2005
Date of 1st Reading: November 22, 2005
Date of 2nd Reading: December 7 , 2005
Effective Date: December 15, 2005
f2EFEREPJCE: Comm: 538.2 _
x
OFFICE OP THE COUNTY CLERK
County of Hawai `i
Kona, Hawaii -
(Draft 2) ~ 7 t
Introduced By: Bob JaeobSOn ROLL CALL VOTE t
Date Introduced: November 22, 2005 _ AYES NOES ABS EX
First Reading: November 22, "LOOS Arakaki X
Published: N/A Higa X ~
Hoffmann X
RE. MARKS: Holschuh X
Ikeda X
_ Isbell X
Jacobson X
Pilago X
Safarik _ X
9 0 0 0 1
Second Reading: December 7, 2005
To Mayor: December 9, 2005 ROLL CALL VOTE
Returned: nPCemb 15 2005 AYES NOES ABS EX
Effective: D ~ mb 1 5 200~i Arakaki X
Published: December 22, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
_ Ikeda X
Isbell X I
Jacobson X
_ Pilago X
Safarik X
- ~ 9 0 C~- a
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
~ COUNCIL CHAIRMAN
DEPUT CORPORATION OUNSEL
COUN Y OF HAWAII ' •
COUNTY CLERK
Date. ~~~C>S
171 (Dra Et 2)
Bill No.:
~ C--538.2/FC-Waived
~pro~~e U~sapproved this I S rJuy Reference:
r
Ord No.: ~S 266
l> mbaN zo 05
M.~l 'l K, (Y)UN OF AWAI'1