Comm No 0021.012 - Testimony - CA-7 - PONC fund and Maintenance fund

Home

and agricultural lands; and (E) Protection of watershed lands to preserve water quality and water supply. (F) Promote and enhance nature based outdoor recreation and education. (2) Pay the principal, interest and premium, if any, due with respect to bonds issued in whole for the purpose of this fund. (d) Fund one or more staff persons, including 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, exploring opportunities to acquire lands and easements (including trail easements), assisting the public access, open space, and natural resource 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, educating the public about the lands and easements open to public access including through initiatives with public schools to enhance nature based educational programs, and by overseeing and implementing the provisions of Section 10-16 of this charter. The senior staff position shall be exempt from civil service laws and classifications and be distinct from any other provisions that provide support for the provisions of this section, , Section 10 16 of this charter, and any matters related thereto. (e) 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. (f) The council shall by ordinance establish procedures for the administration and expenditure of moneys in this fund. (g) This fund shall be used for acquisition of land and easements and shall not be used for development, maintenance or for any purpose other than as provided in this section. (h) The highest and best use of this fund is to leverage the money in the fund by attracting matching funds, although, matching funds are not required in every purchase. (i) Any land acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This land was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai'i County and may not be sold, mortgaged, traded or transferred in any way." (j) Any easement acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This easement was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai'i County and may not be sold, mortgaged, traded or transferred in any way."