HomeMy WebLinkAboutREP FC 048 04/19/2011 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
REPORT OF THE
COMMITTEE ON FINANCE
DATE: April 19, 2011 Re: Comm. 165/Bill 43
PLACE: Council Chambers
West Hawaii Civic Center
TIME: 2:00 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which was referred Bill No. 43, reports as follows:
Bill No. 43. transmitted by Councilmember Pete Hoffmann, via Communication No. 165 dated
April 5.2011, amends Chapter 2, Article 42; relating to the Public Access, Open Space, and
Natural Resources Preservation Fund.
Specifically, the bill amends Section 2-217 (2)to clarify that the prioritized list of qualifying
lands to purchase will be no fewer than ten, and deletes Section 2-217(4) which specifies that the
commission shall give emphasis to those acquisitions which can be leveraged by obtaining State,
Federal and/or private funds. Second, Section 2-218 (a), which specified that the council shall
by resolution select the lands preserved,is deleted. The bill does provide, however, for the
council to request by resolution that the finance director enter into negotiations for the
acquisition of lands on the list. Such resolution shall remain in effect only until such time as the
new updated prioritized list is reviewed by the council. Finally, Section 2-218(a) is also
amended to delete language providing for the prioritization of coastal lands.
Several members of Your Committee are concerned that the council's authority will be
relinquished in this process. Members suggested amended language to preserve the Council's
authority. Some members spoke against the bill, stating that the leverage condition should
remain as well as the provision to give priority to coastal lands. Further, members feel the
current process works. Land Manager for the Finance Department Ken Van Bergen appeared
before Your Committee and stated that he feels the current process works well. He said that due
to the length of time involved in these land purchases, renewing and prioritizing every year based
on the past prioritization list, essentially adding properties every year. is not realistic.
Ms. Ford suggested language for two amendments. First, in Section 2-217, to state, after"with
no fewer than ten qualifying lands," the following: "which may include lands previously passed
by council resolution to be purchased." Second, in Section 2-218,to change the first sentence of
subsection (a)to read: "The Council shall, by resolution l - - . . . . .
prese-ved4 request the director of finance to enter into negotiations for the acquisition of lands
on the prioritized list finalized by the council." This would delete the phrase "developed by the
commission"from the end of that sentence. Finally, on page 2. she suggested that the term
"coastal lands and" should not be stricken.
FC Rept. No._48
FC-48 Page 2 April 19,2011
Deputy Corporation Counsel Amy Self came forward and commented that this proposed bill
provides clarity where there might be ambiguity in this section. She added that lands under
negotiation by resolution will only be active until an updated prioritized list is reviewed by the
council.
There was a motion made by Mr. Hoffmann and duly seconded by Mr. Blas to postpone the bill
to the May 3, 2011 meeting in order to clarify the language in the bill, which was defeated.
For informational purposes, Ms. Smart voted "kanalua"then "no."
Your Committee on Finance is not in accord with the purpose and intent of Bill No. 43, and
forwards it to Council with a negative recommendation.
dkr
AYES NOES A&E Ex Respectfully submitted,
BLAS X
FORD x COMMITTEE ON FINANCE
HOFFMANN X
IKEDA X
ONISHI X
PILAW X
SMART x BRENDA FORD, CHAIR
YAGONG X FC REPORT NO.cFP b 5 4$8
YOSHIMOTO X ADOPTED: