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HomeMy WebLinkAboutOrdinance 05-166COUNTY OF HAWAII STATE OF HAWAII BILL NO. Draft 2 ORDINANCE NO. 05 1(;6 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION. BE IT ORDAINED BY THE COUNCII.OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 42, section 2 -214, Hawaii County Code 1983 (2005 Edition), is amended to read as follows: "Section 2 -214. Public access, open space, and natural resources preservation fund. (a) A public access, open space, and natural resources preservation fund is hereby established. This special fund shall be administered and managed by the finance department. (b) The fund shall consist of monies from: (1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes of this article; (2) Council appropriations for the purposes of this article; (3) Any source of revenue dedicated by the Hawaii County Charter or the Hawai' i County Code for the purposes of this article; and (4) Grants and private contributions intended for the purposes of this article. (c) In adopting each fiscal year's operating budget, the council shall appropriate a minimum of $250,000 to the public access, open space, and natural resources preservation fund. (1) When the unencumbered balance in the fund (exclusive of bond proceeds) equals or exceeds $5,000,000, no further county appropriations shall be made until the balance falls below $5,000,000. (2) Nothing in this section shall prevent the council from appropriating amounts in excess of the above minimum amounts to this fund. (d) The fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply. PAaWANAVA 'ind Ru Within sixty days after receipt, the maye- will qiihmit the I "t te PRFAnqp,nt,, The shall, by the the councilvAth eamments and recommendations. eouneil resolution, seleet the by independent be property exceed appraised value a-, prepaFed an appraiseFengaged4rf4he County. Where there lands under consideraiien at an), tiffle, are multiple one G....,1:..,.:.. ,...ill.,hhe to leverage lands lands priority shall the Count) given to eeastal and where matching no roic -nrthe tiat:,.....other than in its advisee p h II be permitted uses of this fund. These ...t. .hall ho „lloeat,d o q aly between4he-ielyand SECTION 2. Chapter 2, article 42, Hawaii County Code 1983 (2005 Edition), is amended by adding a new section to be designated section 2 -215, and to read as follows: "Section 2 -215. Public access, open space, and natural resources preservation commission. (a) There is established a public access, open space, and natural resources preservation commission. There shall be nine members on this commission, appointed by the mayor and confirmed by the council. The members may be removed upon recommendation by the mayor and the approval of the council. One member shall reside in each County council district. The members shall serve staggered terms of five years. Upon initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years two for a term of four years, and two for a term of five years. Staff support shall be provided by the finance department. (b) No member shall be eligible for a second appointment to the commission prior to the expiration of two years provided that members initially appointed for a term of one year and two years shall be eligible to succeed themselves for an additional term. (c) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (d) Any vacancy occurring in the commission shall be tilled for the unexpired term. (e) Not more than a bare majority of the members shall belong to the same political party_ (f) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant to article 16. (g) A chairperson shall be elected from its membership annually. (h) The affirmative vote of a maiority of those members present shall be necessary to make any action valid. (i) The commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings and which shall specify that a quorum shall be a majority of the members to which the commission is entitled. (j) No person shall, by reason of occupation alone, be barred from serving as a member of this commission. (k) 'The council shall act to confirm or reject any appointment made to the commission by the mayor within forty -five days after receiving notice of the appointment from the mayor. If the council does not confirm or reiect any such appointment within forty -five days, the appointee shall be deemed to have been confirmed. (1) The redrawing of the council district boundaries during a member's term shall not affect a member's eligibility to represent the district to which the member was appointed." SECTION 3. Chapter 2, article 42, Hawaii County Code 1983 (2005 Edition), is amended by adding a new section to be designated section 2 -216, and to read as follows: "Section 2 -216. Oath of affirmation. Before beginning their duties, each member appointed shall subscribe to the oath or affirmation before some person duly qualified to administer oaths: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Hawai' i, and that I will faithfully discharge my duties as a member of the public access, open space, and natural resources preservation commission to the best of my abilit ." SECTION 4. Chapter 2, article 42, Hawaii County Code 1983 (2005 Edition), is amended by adding a new section to be designated section 2 -217, and 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 beint 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 of each year; and (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 fiords." SECTION 5. Chapter 2, article 42, Hawaii County Code 1983 (2005 Edition), is amended by adding a new section to be designated section 2 -218, and 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 or lands to be preserved. Under no circumstances shall the purchase rice 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 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. These costs shall be allocated equally between the seller and the buyer. (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 6. Material to be repealed is stricken and bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 8. This ordinance shall take effect upon its approval. ycm, Ilawai `i Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: INTRODUCEDaBY: November 22, 2005 November 22, 2005 December 7, 2005 December 15, 2005 REFERENCE. Comm: 538.2 Eq OF IIAWAVI Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawai `i Kona, Hawaii - (Draft 2) -Bob Jacobson November 22, 2005 November 22, 2005 0 Second Reading: December 7, 2005 To Mayor: December 9, 2005 Returned: December 15 2005 Effective: Derember 15 2005 Published: December 22, 2005 REMARKS ROLL CALL VOTE AYES NOES ABS EX Arakaki X Higa X Hoffmann X — Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X _ 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Higa Hoffmann X X Holschuh X Ikeda X Isbell X Jacobson X Pilago Safarik X X 9 0 0 0 1 Do HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUT CORPORATION OUNSEL CO UN Y OF HAWAII Date. 1; 1131 v prove Disapproved this I S l t7 mbaN 20 O5 M. l 'l , (rot N OF AWAIT COUNCIL CHAIRMAN COUNTY CLERK Bill No.: 171 (Draft 2) C-- 538.2/FC- Waived dory Reference: Ord No.: 05 166