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Home My WebLink AboutBIL 049 Draft 02 2008-2010COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (DtY~FP 2 ) 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, [arid] (6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received[.-];_and (~ Notwithstandin>? (b)(5) of this section, for the period from July 1, 2009 to June 30, 2011, no payments relatin>; 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. //,,,,~~ T I....l r rl.e : _1 ~4.~I1 .:« r ° n i i ~ '~''-6 [Cc/ b ti ..., ».. ~--Cpc :» - r~c& -~c$ `°P~~cac C ,.r«.. (1~ e e ~ ..I . ,. r: ,.« F..«.l «:..r:«.. T.i,.rl.: «,.:«rl.:.. .. o..r:..«..L...I1« o..r r}.o .. ..;Ifv : a Cpl ~.~ .,p......,.b pN [(~) ]~ 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. Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCF.~ Comm. 193.73 INTRODUCED BY: Bill Nos. 49 (Draft 2), 53, 55, 56 (Draft 2), 69, and 70 I hereby certify that the following Bills passed first reading at the meeting of the Hawaii County Council on April 22, 2009, by vote as listed below: Bill 49, Draft 2: Amends 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. Suspends the transfer of 2 percent of real property tax revenue, including penalties and interest, to the Public Access, Open Space, and Natural Resources Preservation Fund, effective July 1, 2009, to June 30, 2011; and that 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. AYES: Council Members Enriques, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto - 6; NOES: Council Members Ford, Greenwell, and Yagong - 3; ABSENT: None; EXCUSED: None. Bill 53: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009; Increases revenues in Federal Grants - Healthy Aging/Chronic Disease Self Management ($16,000); appropriates same to Healthy Aging/Chronic Disease Self Management. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 55: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009; Appropriates revenues in Federal Grants - Sexual Assault Forensic Examiner (SAFE) Training Grant ($24,193); appropriates same to SAFE Training Grant. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 56, Draft 2: Amends Ordinance No. 00-31 Which Reclassified Lands from Single Family Residential - 10,000 Square Feet (RS-10) to Neighborhood Commercial - 20,000 Square Feet (CN-20) at Waiakea, South Hilo, Hawaii, Covered by TMK:2-2-034:084 (Formerly TMK:2-2-034:085 and 093); Requests an Amendment to Condition B of Change of Zone Ordinance No. 00-31; GHC Family Limited Partnership, Applicant. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall have a combined value of $7,383.36 per multiple family residential unit ($11,506.13 per single family residential unit). AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: Council Member Hoffmann - 1; ABSENT: None; EXCUSED: None. Bi1169: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009; Increases revenues in the following: Federal - 2009 HOME Program ($989,346) and HOME -Program Income ($25,000), for a total of $1,014,346; appropriates to the following: Kumakua Mutual Self-Help, Phase 2 -Hawaii Island Community Development Corporation ($250,000), Pacific Paradise Gardens Mutual Self-Help, Phase 8 - Hawaii Island Community Development Corporation ($250,000), Tenant Based Rental Assistance -County of Hawaii ($400,000), American Dream Downpayment Initiative ($29,346), and Office of Housing and Community Development Administration ($85,000), for a total of $1,014,346. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 70: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009; Increases revenues in the following: Federal - 2009 Block Grant ($2,400,000) and Block Grant -Program Income ($60,000), for a total of $2,460,000; appropriates to the following: Removal of Architectural Barriers -Americans with Disabilities Act Compliance-Various County Facilities ($1,250,000); Residential Emergency Repair Program ($415,000); Association of Retarded Citizens of Hilo -Laundry Expansion Program ($100,000); Construction Management ($215,000); Federal Emergency Management Agency Levee Certification Plan -Federal Match ($56,500); and Administration, Planning, and Fair Housing ($423,500), for a total of $2,460,000. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. ~~ Kenneth G. Goodenow COUNTY CLERK (Hawai`i Tribune Herald -May 1, 2009) (West Hawaii Today -May 1, 2009) Note: The original Digest/Affidavit is attached to Bi1149, Draft 2.