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Home My WebLink AboutBIL 045 Draft 01 2020-2022AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION AND MAINTENANCE FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Chapter 2, article 42, section 2-214.2 of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 2-214.2. Public access, open space, and natural resources preservation maintenance fund. (a) Pursuant to section 10-16(c) of the Charter, a special fund known as the public access, open space, and natural resources preservation maintenance fund is established. The purpose of this special fund is to accrue and use moneys for maintenance of lands and easements acquired in full or in part by the public access, open space, and natural resources preservation fund. (b) Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be administered and managed by the department of [parks and recreation.] finance. Adequate staff to carry out the provisions of this article and section 10-16 of the Charter shall be provided [in] by the department of [parks and recreation.] finance. (c) [The financial aspects of the maintenance fund shall be handled by the department of finance. Pursuant to sections 10-16(d), (e), and (f) of the Charter, deposits shall occur, and accounting, reports and financial statements from the department of finance shall be made. (d) Pursuant to section 10-16(g) of the Charter, this maintenance fund shall be used solely for expenditures directly related to its purpose. (e)] Pursuant to section 10-16(h) of the Charter, and article 25 of this chapter, stewardship grants may be provided to 501(c)(3) nonprofit organizations or an organization operating under the umbrella of a 501(c)(3) nonprofit organization.” SECTION 2. Chapter 2, article 42, section 2-215, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 2-215. Public access, open space, and natural resources preservation commission. (a) There is established a public access, open space, and natural resources preservation commission. There shall be nine members on this commission, appointed by the mayor and confirmed by the council. The members may be removed upon recommendation by the mayor and the approval of the council. One member shall reside in each County council district. The members shall serve staggered terms of five years. Upon initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. Staff support shall be provided by the finance department. (b) No member shall be eligible for a second appointment to the commission prior to the expiration of two years, provided that members initially appointed for a term of one year and two years shall be eligible to succeed themselves for an additional term. (c) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (d) Any vacancy occurring in the commission shall be filled for the unexpired term. [(e) Not more than a bare majority of the members shall belong to the same political party.] [(f)](e) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant to article 16. [(g)](f) A chairperson shall be elected from its membership annually. [(h)](g) The affirmative vote of a majority of those members present shall be necessary to make any action valid. [(i)](h) The commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the commission is entitled. [(j)](i) No person shall, by reason of occupation alone, be barred from serving as a member of this commission. [(k)](j) The council shall act to confirm or reject any appointment made to the commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. [(l)](k) The redrawing of the council district boundaries during a member’s term shall not affect a member’s eligibility to represent the district to which the member was appointed.” SECTION 3. Chapter 2, article 42, section 2-217 of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor an island-wide prioritized list of qualifying lands worthy of preservation. The commission shall give emphasis to land acquisitions where the County’s contribution can be leveraged to obtain State, Federal, and/or private lands. Priorities shall be listed on an island-wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority, and its anticipated use after acquisition; (2) To update this list at any time, but at least annually by December 31 of each year; (3) To explore methods of funding land acquisition and make recommendations to the mayor; (4) To review, evaluate, and make recommendations to the director of [the department of parks and recreation] finance regarding applications for stewardship grants from the maintenance fund, within six months of receipt of each application. Recommendations shall address whether grant applicants have the ability to complete their proposed projects according to the project plan, on time, and within cost estimates, in accordance with section 10-16(h) of the Charter; (5) To review stewardship grant applications, business plans, agreements, and other documentation accompanying grant applications. The commission may also conduct interviews and perform site visits and other activities necessary to formulate a recommendation; and (6) To review stewardship grant recipient performance reports, conduct interviews, and perform site visits and other activities necessary to verify that grant objectives are being met. The commission shall forward its findings to the director of [parks and recreation.] finance.” SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 5. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: ________________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I ______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: