HomeMy WebLinkAboutBIL 106 Draft 01 2008-2010OFFICE INFORMATION ONLY
Meeting: N/A
Action:Withdrawn per
Comm.. 427.4 dated October 28, 2010
Re: Bill'106 (Conn. 427) (2008-2010)
OFFICE INFORMATION ONLY
Meeting: Finance Committee (9/15/09)
Action: Postponed to October 20, 2009
(Note: 10/14/10 - Per J. Aiello, Mr. Hoffmann will check with
departments then contact Committee Services.)
Re: Bill 106; Comm. 427
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 106
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 2-217 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended 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
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;
(2) To update this list at any time[,] with no fewer than ten qualifying
lam but at least annually by December 31 of each year; and
(3) To explore methods of funding land acquisition and make
recommendations to the mayor.
[(44]
The commission shall give emphasis to land acquisitions where the
County's contribution can be leveraged to obtain State, Federal, and/or private
funds."
SECTION 2. Chapter 2, article 42, section 2-218 of the 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 a
lands to be - e en,ed.] request the director of finance to enter into
negotiations for the acquisition of lands in the order of priority on the
prioritized list developed by the commission. Such resolutions shall
remain in effect only until such time as the new updated prioritized list is
received by the council; provided, however, those resolutions involving
lands for which the negotiation process has already begun shall remain in
effect until the director of finance has exhausted all efforts of negotiating
the purchase of such lands. 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 nder eonsideration at a a time, prie., .:tshall begiven to
nstnl lands and lands where m teh:ng funding is nimble to leverage
the County n «tribution,l
(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.
(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. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. 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 5. This ordinance shall take effect upon its approval.
°•� •
Hawaii
Date of Introduction:
Date of I" Reading:
Date of 2"d Reading:
Effective Date:
REFERENCE COMM; 427
2