COM 0349.923 2006-2008 - Laserfiche WebLink

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OPPOSITION TO TAE ADOPTION OF RESOLUTION NO. 169-07 DRAFT 3 The County Council is barred from taking final action on Resolution No. 169-07, Draft 3: • The County Council is required by law to select parcels that were specifically identified by the Public Access, Open Space, and Natural Resource Preservation Commission's ("Commission") Land Prioritization List. H.C.C. 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 oualifying lands worthy of preservation within six months of being confirmed to the commission by the council. 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; (Emphasis added.) H.C.C. 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; (Emphasis added.) • Resolution No. 169-07, Draft 3, illegally tazgets parcels that have never been specifically identified on the Commission's Land Prioritization List. These additional parcels include portions of the properties covered by Tax Map Key: 9-6-007:001; 9-6-001:013; 9-6-002:008, 037, 038 (except for a portion of the property with the established residence consisting of one single family home), 041, 053; 9-5-019:011, 015, 026, and 035. (See cross-hatched area on attached map which represents lands illegally targeted for acquisition.) • Therefore, TMK parcels that are not listed on the Land Prioritization List should not be included in Resolution No. 169-07, Draft 3 as these parcels are required by law to be identified by TMK pazcels prior to submittal to the Mayor and County Council for final selection. Therefore, in addition to the many other reasons to reject Resolution No.169- 07, Draft 3, the Council is also legally barred from taking final action on Resolution No. 169-07, Draft 3, as written. Comm. IVo. 3 `I-`1'`~ Ref. To: ~~n ~ Raf. Date - G.~y fir ~ que5