HomeMy WebLinkAboutBIL 043 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Council —May 4, 2011
Action: FC -48 recommended Bill 48 be filed Council adopted FC -48 and filed Bill
43 by the following vote:
Ayes: Hoffmann, Smart — 2.
Noes: Blas, ford, Onishi, Pilago, Yagong — 5
Absents: Ikeda, Yoshimoto - 2
Re: Bill 43; Comm.165; FC 48
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 43
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
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.
[(4) The .e..1ssio 1shall emphasis to land aeEtuisitions where 4l
CeunAy' eentribt4ionean—be !ever -aged to obtain—State, Federal,
an&er- 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, [seleet themeland e
lands -zoo ] request the director of finance to enter into
negotiations for the acquisition of lands on the prioritized list developed
by the commission. Such resolutions shall remain in effect only
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 under
consideration at any one time, priority shall be given to [
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 December 31, 2011.
INTRODUCED BY:
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COUNCIL MEMBER, COUN F HAW I`
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Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Effective Date:
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