HomeMy WebLinkAboutCOM 0812.000 2008-2010BRENDA J. FORD
Council Member
District 7 - Central Kona
DATE: April 23, 2010
[(
Res. 331 - I o
Phone:
Fax:
E -Mail:
HAWAII COUNTY COUNCIL
County of Hawai
Kailua Trade Center
75 -5706 Hanama Place, Suite 109
Kailua -Kona, Hawai'i 96740
TO: J. Yoshimoto, Chairperson,
,,\\ and Members of the Hawai`i County Council
FROM: aWrenda J. Ford, Council Member
SUBJECT: Resolution Proposing Alternative Amendment to Charter Amendment 15 (CA -15)
The attached resolution provides an alternative amendment to 2009 -2010 Charter Commission
proposal CA -15, pursuant to Hawai`i Revised Statutes, section 50 -8.
Proposed CA -15 amends article X of the Hawai`i County Charter by adding a new section
relating to a public access, open space, and natural resources preservation fund.
The attached alternative amendment differs from CA -15 by the following (material to be
repealed is bracketed and stricken; material to be added is underscored):
"Section 10 -_. Public Access, Open Space, and Natural Resources Preservation
Fund.
(a) In adopting each fiscal year's budget and capital program, the council shall
appropriate a minimum of [ene] two percent of the certified real property tax
revenues, including penalty and interest, to a fund known as the public access,
open space, and natural resources preservation fund. [Deposits to the fund shall
eeeur -at a minimum, on a quarterly basis.] For the purposes of this section,
additional revenue to the fund may consist of
(1) Grants and private contributions;
(2) Voluntary contributions of any amount as specified on the real property tax
bill
(3) Proceeds from the sale of general obligation bonds;
(4) Council appropriations; and
(5) Any other source of revenue.
Serving the Interests of the People of Our Island
Hawaii County Is An Equal Opportunity Provider And Employer
(808) 326- 5684
(808) 329- 4786
bford@co.higaii.hi.us
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April 23, 2010
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specified on the real property tax bill, proceeds from the sale of general obligation
the purpose of this .,ection, and any other source of revenue.]
(b) Deposits to the fund shall occur at a minimum, twice per year, and shall be
invested in a conservative interest - bearing account that will allow moneys to be
available for property acquisition and prevent any erosion of the fund's principal
amount.
(c) [Monies] Moneys in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands or property entitlements in the County
of Hawai`i for public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and sites;
(C) Protection of natural resources, significant habitat or eco- systems,
including buffer zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(E) Protection of watershed lands to preserve water quality and water
supply.
(2) Pay the principal, interest and premium, if any, due with respect to bonds
issued in whole for the purpose of this fund.
(d) No funds from the public access, open space, and natural resources preservation
fund shall be used to build capital improvements or provide maintenance.
[(d)](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.
[E$](f) The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
(g) Other funds for purposes other than public access, open space, or natural
resources preservation may be used on a prorated basis to purchase a portion of a
proposed public access, open space, and natural resources preservation fund
acquisition. Other funds shall consist of County operational or capital
improvement project funds, grants, or proceeds from the sale of bonds from any
County, State, or Federal agency or any other source of revenue or funding. The
prorated portion of the land purchased with other funds may then be used only for
County public health, safety, and welfare purposes."
Please place this resolution on the agenda for the May 5, 2010, meeting of the council.
BJF /dkr
att.