The URL can be used to link to this page

Home My WebLink AboutCOM 0193.039 2008-2010P~' TE H~FT'lNANN ~Tr o~ p~ Phone: (808) 887-2043 (Wnimea) vice Chair ~;~~ "~~'~~`+ (808) 961-8273 (Hilo) District 9 -North & South Kohala ~a~, Fax: (808) 887-1072 Email: phoffmann(ulco.hawaii.hi. us ~r ,, ~. h~or x~ Hawai `i County Council County of Hawai `i n Holomua Center O =j ' 64-1067 M6malahoa Hdghway, Suite C-5 C ~ 1 ~ ~-r~ ~ ~ Kamuela, 1~lawai'i 96743. ~ _ ,. ~ ~ N r-, ~'• TO: J Yoshimoto, Council Chair ~• `'~~ ~rTi ~ i~`~ s and Members of the Hawai ~ County Council j. -_, ,~ FROM: Council Vice Chair Pete Hoffmann ~'• " o --~ , Date: Apri12, 2009 Subject: Proposed Amendment to Bill No. 49, Amending Chapter 2, A rticle 42, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Public Access, Open Space, and Natural Resources Preservation Fund Bill No. 49 amends chapter 2, article 42, section 2-214 of the Hawaii County Code 1983 (2005 Edition, as Amended), relating to the Public Access, Open Space, and Natural Resources Preservation Fund, by temporarily suspending allocation and deposits to said fund. The proposed amendment is to paragraph (7) of subsection (b) and reads as follows: "(7) Notwithstanding (b)(5) of this section, for the period from [0°] July 1, 2009 to June 30, 2011, no payments relating to this section shall be allocated or deposited[.], provided, however, that all payments accrued through June 30, 2009 shall be allocated and deposited by July 31, 2009." This proposed amendment is illustrated via Ramseyer format as applied to Bill 49, not the current provisions of the County Code. A draft of Bill 49, Draft 2, is attached with the proposed amendments contained in this communication incorporated. Thank you. PH/kf Att. Comm. t`; I I ~• ~' ' ' L Ref. 70: " Ref. oats PR` 2~Og Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Due to extreme economic necessity in light of the poor global economic situation and projected down turn in real property tax revenues, it is necessary to temporarily suspend allocation and deposits to the Public Access, Open Space and Natural Resources Preservation Fund. SECTION 2. Section 2-214, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: Section 2-214. Public access, open space, and natural resources preservation fund. (a) A public access, open space, and natural resources preservation fund is hereby established. This special fund shall be administered and managed by the finance department. Monies deposited shall be invested in a conservative interest-bearing account that will allow monies to be available for property acquisition and prevent any erosion of the fund's principal amount. (b) The fund shall consist of monies from: (1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes of this article; (2) Council appropriations for the purposes of this article; (3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for the purposes of this article; (4) Grants and private contributions intended for the purposes of this article; (5) Two percent of Hawaii County real property tax revenues collected annually (including penalties and interest). Deposits will be made to the Fund on June 30, 2007 and then again on December 31, 2007, and on December 31 and June 30, in successive years, with deposits being calculated on all real property tax payments (including penalties and interest) received in the prior six months. Additional deposits and adjustments may be made at the discretion of the Finance Director, [and] (6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received[.-] Notwithstanding (bl(5) of this section for the period from July 1, 2009 to June 30 2011 no payments relating to this section shall be allocated or deposited provided however that all payments accrued through June 30 2009 shall be allocated and deposited by July 31, 2009. ~~ ~ , > , i .,..:,,« c,«a r~ [(~ ]~ The fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply. SECTION 3. 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 4. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall 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 5. This ordinance shall take effect upon its approval and section 2-214(b)(7) shall be repealed on July 1, 2011.