CA-0009 - Sections 10-15 and 10-16 – PONC Fund and Maintenance Fund

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Full Text for CA -9 Amend Section 10-15 to read: "Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund. (a) In adopting each fiscal year's operating budget, the council shall appropriate a minimum of two percent of the certified real property tax revenues, including penalty and interest, to a fund known as the public access, open space, and natural resources preservation fund. Deposits to the fund shall occur at a minimum, on a quarterly basis. (b) Funding shall consist of a minimum of two percent of actual revenue received in the fiscal year. Additional revenue may consist of grants and private contributions intended for the purpose of this section, voluntary contributions of any amount as specified on the real property tax bill, proceeds from the sale of general obligation bonds authorized and issued for the purpose of this section, council appropriations for the purpose of this section, and any other source of revenue. (c) Monies in this fund shall be used solely to: (1) Purchase or otherwise acquire lands and easements in the County of Hawai`i for public outdoor recreation and education, including: (A) Access to beaches and mountains; (B) Preservation of historic or culturally important land areas and sites; (C) Protection of natural resources, significant habitat or eco -systems, including buffer zones; (D) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (E) Protection of watershed lands to preserve water quality and water supply. (2) Pay the principal, interest and premium, if any, due with respect to bonds issued in whole for the purpose of this fund. fal Fund a senior staff person dedicated to the administration of the provisions of this section, who shall be employed under the department of finance and whose duties shall include, but not be limited to: assisting the public with applications for acquisition; assisting the public access, open space, and natural resources preservation commission with its prioritization of properties to be acquired; negotiation and acquisition of eligible properties; seeking and acquiring matching funds; and managing the maintenance of lands acquired by this fund, by overseeing and implementing the provisions of Section 10-16 of this charter. This position shall be exempt from civil service laws and classifications and be distinct from any other positions that provide support for the provisions of this section, Section 10-16 of this charter, and any matters related thereto. (d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but shall remain in the fund accumulating interest from year to year. The moneys in this fund shall not be used for any purpose except those listed in this section. 3 of 4 Form CA -1 Revised 8/29/18