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3. Subsection 10-15(h) provides that lands acquired with PONC funds shall contain a <br />restrictive covenant that requires such lands be held in perpetuity and may not be sold, <br />mortgaged, traded or transferred. <br />Findings: <br />A) The provision that lands acquired with PONC funds may not be sold, mortgaged, <br />traded or transferred and thus must be held by the County in perpetuity, creates at <br />least two major barriers towards management of these lands: <br />1) It creates foiuiidable maintenance issues for the County. To date the program has <br />acquired over 4,400 acres of land, with future acquisitions to follow. The County <br />lacks the personnel and funds to absorb all of these additional parcels into the <br />inventory of property and facilities that it maintains; and <br />2) Changes in title to even negligible portions of the parcels that are necessary to <br />maintain the properties, i.e. for flood control, or to improve access, are foreclosed <br />by this restriction. <br />B) Code provisions from Kauai and Maui reflect a different approach that is worth <br />considering. Subsections 6-14.3(c) through (e) of the Kauai County Code, allow <br />moneys from their preservation fund to be appropriated to other governmental <br />entities, nonprofit organizations, or even private owners to acquire interests in <br />property, own or hold these lands, and manage them, as long as these actions benefit <br />the public and the lands are protected in perpetuity. Section 3.88.070, Maui County <br />Code contains similar provisions that authorize granting title to lands, purchased with <br />funds from their open space fund, to land conservation organizations. Maui County <br />protects the public's interest by way of perpetual conservation easements. These <br />arrangements transcend the stewardship grants permitted by section 10-16(h) of <br />Hawaii County's Charter and significantly enhance the prospects for maintaining and <br />improving properties acquired via these special funds. <br />Recommendation: <br />The Committee recommended amending section 10-15 to remove impediments to <br />rnaintaining and improving these lands, in a manner that assures that the lands will be <br />preserved for their intended purposes in perpetuity. One Committee member suggested <br />amending the Charter to provide the flexibility needed to accomplish the objectives of <br />this program by authorizing the Hawai` i County Council to establish procedures for the <br />administration and expenditure of the revenues in this fund. The proposed revision to <br />sections 10-15 and 10-16 contained in topic no. 5, on page 12 incorporates this <br />suggestion. <br />-9- <br />