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Home My WebLink AboutORD 2007-021 2006-2008COUNTY OF HAWAII STATE OF HAWAII BILL NO. 19 Draft 3 ORDINANCE NO. ~ Q~ 2~ A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 42, section 2-214, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Article 42. Public Access, Open Space, and Natural Resources Preservation Fund 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 be administered and managed by the finance department. Monies d~osited shall be invested in a conservative interest-bearing account that will allow monies to be available for propertv acquisition and prevent any erosion of the fund's principal amount. (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 Hawaii County Code for the purposes of this article; (4) Grants and private contributions intended for the purposes of this article; [and] (5) Two percent of Hawaii County real property tax revenues collected annually (including penalties and interest). Deposits will be made to the Fund on June 30, 2007 and then again on December 31, 2007, and on December 31 and June 30, in successive Years, with d~osits being calculated on all real propertv tax payments (includingpenalties and interest) received in the prior six months. Additional deposits and adiustments may be made at the discretion of the Finance Director; and (6) Monies from items numbered (1), (2), (31, and'(4) above, shall be deposited as received. (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 natural resources preservation fund. (1) 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 of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply." SECTION 2. Chapter 2, article 42, section 2-218, Hawaii County Code 1983 (2005 Edition, as amended) is amended 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 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. (b) Negotiations for acquisition of lands to be preserved 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 capacity. (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of this fund. [T" " "" "°"°'°'' ° '°"" "°'"'°e~ t"~ (d) 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 County is a good steward of any land that comes under its control through this article." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable. SECTION 4. Material to be replaced is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL ME BER, COUNTY OF HAWAII Kona , Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date February 7, 2007 February 7, 2007 February 22, 2007 March 6, 2007 REFEREhIC~: CommS 63.12 2 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii (Draft 31 Inu~oducecl By; Brenda Ford Date Introduced: February 7, 2007 First Reading: February ~, 2007 Published: February 16, 2007 HC:1 /.-I KKS: Second Reading: February 22, 2007 "I'o Mayor: February 28, 2007 Returned: March 6, 2007 I:ficcii~c: March 6, 2007_ P,,i,i„i,~~i: March 13, 2007 REh1: I RKS: ROL ~'AlLL~O AYES -NOES ABS EX Ford X t~' ; Higa X Hoffinann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X ~-- Yoshimoto X 5 0 9 0 I DO HEREBY CERT[FY that the foregoing BILL was adopted by the County Council published us indiculed above. I ~- APPROVED AS TO FO AND LEGALITY: DEPU CORPORATION UNSEL COIN Y OF HAWAI I ~~ ~lc,~ COUN~ Bill No.: .~pirrur-.Disupprured phis ~ ''''--II day ul- N~ <'TL(~n .20~. Reference: ~~ 1 ~N 19 (Draft 3) C-63.12/FC-22 Ord No.: d ( ~1 Ordinances Numbered 07-21, 07-22, and 07-23 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on February 22, 2007, by vote, as listed below: Ordinance 07-21 (Bill 19, Draft 3): A Bill for an Ordinance Amending Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Public Access, Open Space, and Natural Resources Preservation Fund. AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chairman Hoffmann - 5; NOES: None; ABSENT & EXCUSED: Council Members Higa, Ikeda, Naeole, and Yoshimoto - 4. Ordinance 07-22 (Bill 42, Draft 2): An Ordinance Naming a County Recreational Facility (TMK: (3) 7-5-041:052) Pursuant to Chapter 15, Hawaii County Code 1983 (2005 Edition, As Amended). AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chairman Hoffmann - 5; NOES: None; ABSENT & EXCUSED: Council Members Higa, Ikeda, Naeole, and Yoshimoto - 4. Ordinance 07-23 (Bill 151, Draft 3): An Ordinance Amending Chapter 20, of the Hawaii County Code 1983 (2005 Edition), Relating to Littering and Refuse Disposal. AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chairman Hoffmann- 5; NOES: None; ABSENT & EXCUSED: Council Members Higa, Ikeda, Naeole, and Yoshimoto - 4. (~~c~..u,~ Ca`~° sey Jann1 an/ -- County Clerk (Hawai`i Tribune-Herald -March 13, 2007) (West Hawaii Today-March 13, 2007) Note: The original Digest/Affidavit is attached to Ordinance No. 07-21. Serving the Interests of the People of Our Island HmvaiY County is an Equa! OpportuMry Provider and Employer