HomeMy WebLinkAboutCOM 0427.001 2008-2010
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William P. Kenoi
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Mayor William T. Talcaba
r Managing Director
s= Walter K.M. Lau
• es N? pry lanaging Director
HAWAII COUNTY PUBLIC ACCESS, OPEN
SPACE AND NATURAL RESOURCES PRESERVATION
COMMISSION
C/O 25 Aupuni Street, Hilo, Hawaii 96720
Phone: 961-8069; Fax: 961-8248 `1S
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TO: J Yoshimoto, Council Chair
And Members of the Hawaii County Council T".
FROM: Kim Garcia, Ch '
Date: July 24, 2009
Subject: Proposed Amendment to Chapter 2, Article 42, Sections 2-217 and 2-218 of the Hawaii
County Code 1983 (2005 Edition, as amended), Relating to Public Access, Open Space,
and Natural Resources Preservation Fund
We have reviewed Council Member Pete Hoffmann's proposed amendments to Chapter 2, Article 42,
Sections 2-217 and 2-218 of the Hawaii County Code relating to the Public Access, Open Space and
Natural Resources Preservation Fund, and we respectfully submit the following attached recommended
changes for your consideration.
Thank you.
cc: Mayor Kenoi
Nancy Crawford, Director of Finance
Comm. No. 42-7.1
Hawai `i County is an Equal Opportunity Provider and Employer Ref. To;
Commissioners: E. Kalani Flores, Kim Garcia, Bill Gilmartin; Steven Hirakamiq~f~ Date
Larry Komata; Terri Markovich; Sarah Moon; Hannah Springer .
i
~firm~
COUNTY OF HAWAII STATE OF HAWAII
•O%•M'N
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAWAIII 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, but at least- annually-by December 31 _ _ _ _ _ _ _ - Deleted: [7] with no fewer than ten
of each year; and
gualifvina lands
(3) To explore methods of funding land acquisition and make
recommendations to the mayor.
[(4)]
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, [ eet
land`' to b Y-.,5e &-d ] request the director of finance to enter into
negotiations for the acquisition of lands in the order of priority on the
I prioritized list as developed by the commission or as submitted by the
Ma or. Such resolutions shall remain in effect onl until such time as the
new updated Prioritized list is received b the council provide however
those resolutions involving lands for which the negotiation Process has
I ahead begun shall remain in effect until the director of finance has
exhausted all efforts of ne otiatin the purchase of such lands. he
County's share of the purchase price aid fora = De~eted7 Under no cacumstances shall
the appraised value as prepare
d by an independent appraiser ~hall not engaged by
one idefation at nn
Matching
(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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai `i
Date of Introduction:
Date of 1"Reading:
Date of 2nd Reading:
Effective Date:
2