HomeMy WebLinkAboutCOM 0810.000 2008-2010DOMINIC YA GONG
Camcdmember
District of Hamakua
April 23, 2010
HAWAII COUNTY COUNCIL
County ofHmvai`i
25 Aupum Street
Hilo. Halm'', 96720
Memo To: J Yoshimoto, Chair
And Members of the Hawai`i County Council
From: ({ Dominic Yagong, Council Member
<Res. 335 -[ o
Serving the Interests of the People of Our Island
Hawaii County is an Equal Opportunity Provider and Employer
Phonc'(808)961 -8538
Fax: (808) 961-8912
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Re: Communication No. 687.1, Section CA -15 Alternative Amendment; Resolution Proposing
Alternative Amendment to CA -I5
Attached please find a proposed alternative amendment to Charter Commission Proposal CA -15 for
Council's consideration, and to be placed on the May 5, 2010, full council meeting agenda.
Charter Commission Proposal CA -15 creates a Public Access, Open Space, and Natural Resources
Preservation Fund, to be added as a new section in article X of the County Charter.
The differences between CA -15 and the attached alternative amendment are illustrated via Ramseyer
format and bolded:
"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] deposit
a minimum of [one] 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 occur at [a-ninimum on- a- quarrterly- oasis.] least twice a year. The
fund shall be in an interest hearing account.
(b) Funding shall consist of a minimum of [one] two percent of actual property tax revenue received
in the fiscal year. Additional revenue may consist of grants and private contributions intended for
the purpose of this section, voluntary contributions of any amount as specified on the real property
tax bill, proceeds from the sale of general obligation bonds authorized and issued for the purpose
of this section, council appropriations for the purpose of this section, [and-grants and - private
eontr-ibutiens- intended- for - the- purpose-0 €- this - section and any other source of revenue.
(c) [Monies] Moneys in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands or property entitlements in the County of 1- lawai`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
Comm. No,
Ref. To,
Ref. Rate,
(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) 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) The council shall by ordinance establish procedures for the administration and expenditure of
moneys in this fund.
�t This fund shall be used for acquisition only and not for development or maintenance.
(xi Real property purchased with any money from this fund shall have the following covenant
recorded on the Deed: "This property was purchased with moneys from the Public Access,
Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the
use and enjoyment of the people of Hawaii County. This land may not be sold, mortgaged,
traded or transferred in any way. "
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Serving the Interests of die People of Our Island
Hawaii County is an Equal Opportunity Provider and Employer