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Honorable Valerie T. Poindexter, Chairwom
<br />And Members of the Hawaji County Coun
<br />May 18, 2018
<br />Page 2 1
<br />Hawai'il County Charter, Section, 10-16, Public Access, Open Space, and Natura�'
<br />Resources Preservation Maintenance Funid, In pertinent part, Section 10-16 (g)
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<br />provides as follows:
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<br />The maintenance fund shall', be used solely for public safety maintenance
<br />and preservation of those lands and easements, acquired by the public
<br />access, open space,, and natural resources preservation fund', and may be
<br />used only for expenditures directly related to its purpose. Expenditures by
<br />the administration or stewardship grants, presumed to be directly re,lated
<br />are as follows:
<br />(1) Reparation (fixing, mending, repair work, and servicing);
<br />(2) Preservation (damage control, salvaging, safekeeping, and
<br />safeguarding);
<br />(3) Conservation of soil, forests, shioreIlines, native wildlife, streams,
<br />wetlands, watershed, and floiodways;
<br />(4) Restoration (replacement, reclamation, recondog, and
<br />remediation);
<br />(5) dfire and fire prevention,;
<br />(6) Repair of existing buildings to meet the current code requirements, if
<br />the building is deemed reasonable to save;
<br />(7') Replacing signs to, meet, the current code requirements;
<br />(8i) installation, repair, or replacement fencing and gate or access
<br />mechanisms;
<br />(9) Installation or repair of cattle guardsI;
<br />(10) Mitigation of flooding problems including repa,ir or restoration of
<br />cxist,ing culverts, drainage features, or other sim,ilar flood control
<br />gation;
<br />(11 11) Archeological! survey and buffering of Native Hawaiian historical or
<br />cultural sites after appropriate cons,uiltation with Native Hawaiian
<br />descendants and cultural practitioners,
<br />(12) Biological studies for the protec:tion of Native Hawaiian species of
<br />Ylants and animals; or
<br />(13) Mitigation ofAmericans with Disabilities Act compliance issues that
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<br />Moneys in the maintenance fund shall not be usedfor planning, design,
<br />development, or coInstructioni, of new, buildings, facilities, or infrastructure
<br />including roads, paths, bridges,, culverts, ramps, or drainage features.
<br />Money in the maintenance fund shall also not be used for mitigation of
<br />Americans with Disabes Act compliance issues for any new bIuildings,
<br />facilities, or infrastructure. Payment to resolve these aforementioned
<br />issues shall be from the capIital improvement Projects budget or aillotments
<br />derived from the general fund.
<br />As such, I recommend that the Hawaii County Council follow up with the concerns noted
<br />above.
<br />KAwA, Ka'O, Hawai'i TMK: (3) 9-5-16:!06 & 26; 9-5-17:06 & 07
<br />County of Hawail is an Equal Opportunity Provider and Employer,
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