HomeMy WebLinkAboutCOM 0427.003 2008-2010
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PETE HOFFMANlVO
Council Vice Chair
District 9 - North & South Kohala
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Phone: (808) 887-2043 (Waimea)
(808) 96i-8273 (Hila)
Fax: (808) 887-2072
Email: phoffmann@co.hawaii.hi.us
Hawai'i County Council
County of Hawai 'i
Holomua Center
64-i067 Mamalahoa Highway, Suite C-5
Kamuela, Hawai'i 96743
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TO: J Yoshimoto, Council Chair
and Members of the Hawai'i County Council
FROM: ~\Pete Hoffmann, Council Vice Chair
Date: September 8, 2009
Subject: Proposed Amendments to Bill I 06; Relating to Provisions for the Public Access,
Open Space, and Natural Resources Preservation Fund
For the Council's consideration, please find attached proposed amendments to Bill 106. The
proposed amendments are illustrated below via Ramseyer format with respect to the contents of
Bill 106. The attached draft copy of Bill 106, Draft 2, provides Ramseyer format with respect to
the existing provisions of the Hawai'i County Code 1983 (2005 Edition, as amended).
Section 2-218 of the Hawai'i County Code, as contained in SECTION 2 of Bill 106, is amended
by amending subsection (a) to read as follows:
"(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, 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 H or as submitted
by the mayor. 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 County's share of the purchase price paid for a property shall not
exceed the appraised value as prepared by an independent appraiser engaged
by the County. Where there are multiple lands under consideration at anyone
time, priority shall be given to coastal lands and lands where matching
funding is available to leverage the County contribution."
Serving the interests of the People of Our island
Hawai'i County is an Equal Opportunity Provider and Employer
Comm. ~ '-f~ 1 .~
Ref. To:UV
~ef. Date " SEP 15 2009
PH/kf
Att.
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AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAW AI'I 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 HAW AI'I:
SECTION 1. Chapter 2, article 42, section 2-217 of the Hawai'i 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
lands. 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.
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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 Hawai'i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
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"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.] 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 or as submitted by the mayor.
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 County's share of the purchase price paid for a
property shall not exceed the appraised value as prepared by an
independent appraiser engaged by the County. Where there are multiple
lands under consideration at anyone time, priority shall be given to
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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.
(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.
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