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4. Should section 10-16 relating to the PONC maintenance fund be changed? <br />Findings: <br />A) Section 10-15(c), of the Charter provides that moneys in the preservation fund shall <br />be used to: <br />"(1) Purchase or otherwise acquire lands and easements in the County of Hawaii for <br />public outdoor recreation and education, including: <br />(A) Access to beaches and mountains; <br />(B) Preservation of historic or culturally important land areas and sites; <br />(C) Protection of natural resources, significant habitat or eco -systems, <br />including buffer zones; <br />(D) Preservation of forests, beaches, coastal areas, natural beauty and <br />agricultural lands; and <br />(E) Protection of watershed lands to preserve water quality and water supply." <br />In order to accomplish the purposes listed above, lands acquired through the <br />preservation fund, must be maintained and improved. Significant financial and <br />personnel resources are required to accomplish these tasks. <br />B) Unlike the other Counties, Hawaii County has a separate PONC maintenance fund <br />that is funded with .25% of real property tax revenue. Section 10-16(g) of the Charter <br />extensively details permissible uses of this fiscal resource. Notably, this section <br />prohibits use of these funds for new buildings, facilities, or infrastructure including <br />roads, paths, ramps, etc. and for mitigation of Americans with Disabilities Act <br />compliance issues for new buildings, facilities, or infrastructure. Prohibited uses for <br />these moneys include construction of bathrooms, waterlines, parking, or even storage <br />facilities for equipment used to maintain these properties by stewardship grantees. To <br />the extent that such improvements are needed to effectuate the purpose of these land <br />purchases, these restrictions hinder the progress of this effort. <br />C) Insufficient fiscal and personnel resources make it difficult for the County and <br />stewardship grantees to accomplish the purpose of the land purchases program. <br />Recommendation: <br />The ad hoc committee recommends that the Charter be amended to facilitate the <br />maintenance and improvement of lands acquired with PONC funds. <br />-10- <br />