HomeMy WebLinkAboutCOM 0223.004 2002-2004 VMSY^OS k14 i1~~ L~
J. CURTIS TYLER, III t,i' . Bus: (808) 327-3666
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HAWAII COUNTY COUN~,r,~1JM~ ' d~ ~
October 21, 2003
TO: Council Members
FROM: J. Curtis Tyler, III, Vice Chai ~ ~~A
RE: Bill 102,Draft2
Relating to Gifts and Donations
This is to transmit Bill No. 102, Draft 2, relating to gifts and donations. Draft 2 proposes to separate the
donation of real property out from the donation of other types of donations, including dedications and
assessments from land use approvals. These changes from the first draft are made based on discussions that
occurred at the Finance Committee meeting on October 7, 2003 and are as follows:
"Article 30. Gifts [ands or Donations; Dedications.
Section 2-161. Gifts ~andJ or donations.
For the purposes of this article, gifts and donations as accepted on behalf of the County shall mean
money, securities, or other personal property or real estate (hereinafter referred to as "real property") or
any interest in real [estate] property.
Section 2-162. Procedures of acceptance; money. securities, or personal pronerty.
(a) Except as otherwise provided in this article, gifts [and] or donations of money, securities, or
personal property which fall within the capitalization procedures of the department of finance
may be accepted by resolution approved by the council[, provided a gift or donation of real
estate shall be processed in the following manner:... .
(b) A fAnyl gift or donation of money, securities, or personal property not covered by_[(a), (b), or
(c)] the capitalization procedures shall be submitted to the council by letter for its approval.
Section 2-162.1 Procedures for acceptine money, securities, personal pronerty or real pronerty
derived from community benefit assessments or conditions of land use approvals.
([b]a) Except as provided under the Park Dedication Code, a Gift or donation of money, securities,
personal property or real property which is to he derived or acquired as a result of a community
benefit assessment[, or by any form of exaction or condition to a permit or] or by any condition
of land use approval issued by the County or any of its agencies (including the council) shall
only be accepted after consultation with and approval by the County council pursuant to this
section. Likewise, any in-lieu determinations by the planning director shall be subject to the
review and approval of the council.
The planning department shall maintain a listing of all community benefit assessments
and exactions on permit or approval conditions, and shall submit an annual report on the same
to the council .
"The dedication of roads and/or other infrastructure required as part of (subdivision or other
Kuoa Council OFllca: 77-(399 Nalani Sunct • Suitc 104 • Kailua-Kona • Hmvai'i • 96740-R9R0 IJ)
~~l/ io2, IJ. 2 Comm. No.
Ref. Toi f°°
Ref. Date
developmenfl land use ap royals shall be transmitted by resolution to the Council using the
procedure set forth in section 2-162.2 provided the department(s) or agency(ies) having
oversight and maintenance of the infrastructure to be dedicated has been consulted, performed all
necessary inspections, and recommends approval pursuant to the Hawaii County Code.
Secfion 2-162.2. Procedures for acceptance• other real nrooerty
A eift or donation of real nrooerty which is not derived from a communi~ benefit assessment or
condition of land use approval shall be processed in the followinK manner'
(11 An offer to donate real pronertv shall be submitted in writin from the donor to the director of
finance (hereinaher referred to as the "director
(2) The offer shall state the purpose of the donation and shall include a copy of the recorded deed
anv maintenance or association aereements conditions covenants and restrietionsSCC&R sl
and anv reservation and encumbrances attached to the real propertv
(3) The donor shall also urovide any other infonn•ition or documentation ie~ardin the real
property as the director may rec~icst
f4) The director shall transmit the offer to appropriate denartments and a eneies includin but not
lun~ted to the denartments of nubhc works planning and water supply and real propertv tax
office for their review and comment The director shall then forward to the council a status of
real pronertv taxes due, including delinquencies interest and penalties a recommendation and a
proposed resolution
(5) The council may not accept the donation of real property unless there is a tindine_ that the
acceptance of the subject real property is in the public interest
(6) It the real propertv is accepted transfer documents shall be prepared by the Coin "
Should you have any questions, please feel free to contact me.
Att.