HomeMy WebLinkAboutRES 336 Draft 01 2008-2010 OFFICE INFORMATION ONLY
May 5, 2010 — Council Meeting (38 Session)
Meeting:
Close File — May 5, 2010
Action:
Re: Resolution 336 -10 /C -811
COUNTY OF HAWAII
RESOLUTION NO. 336 10 '
STATE OF HAWAII
A RESOLUTION PROPOSING AN ALTERNATIVE AMENDMENT IN PLACE OF
CHARTER PROPOSAL CA -15, RELATING TO A PUBLIC ACCESS, OPEN SPACE,
AND NATURAL RESOURCES PRESERVATION FUND.
WHEREAS, Hawai`i Revised Statutes, section 50 -8, provides:
_ h 50 -8 Submission of proposed charter to legislative body of the county. Within one
year of its appointment, the charter commission shall.submit a report in writing on its activities,
findings, and recommendations to the legislative body of the county together with a draft of the
proposed charter. The legislative body of the county may in turn propose one or more sections
as alternative, or alternatives to any section of the proposed charter; provided that there shall not
be more than a single proposition under any alternative proposal. Within thirty days after the
receipt of the proposed charter from the commission, the legislative body shall return the
proposed charter with the alternatives to the commission for its study."
; and
WHEREAS, pursuant to Hawaii Revised Statutes, section 50 -8, and in response to the
Charter Commission's Report to the Council dated April 13, 2010, the Council hereby proposes
as an alternative amendment to Charter Proposal CA -15 that article X of the Hawai`i County
Charter 2000 (2008 Edition) be amended by adding a new section to be appropriately designated
and to read as follows:
"Section 10- . Public Access, Open Space, and Natural Resources
Preservation Fund.
Lai In adopting each fiscal year's budget and capital program the council
shall appropriate a minimum of one 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 minimum, on a quarterly basis.
(121 Funding shall consist of a minimum of one percent of actual 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 contributions intended for the purpose
of this section, and any other source of revenue.
(� Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands or property entitlements in the
County of I- Iawai`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;
i ) Protection of natural resources, significant habitat or eco-
systems, including buffer zones:
In Preservation of forests beaches, coastal areas natural
beauty and agricultural lands: and
(E) Protection of watershed lands to preserve water quality and
water supply.
al Pay the principal, interest and premium, if any, due with respect to
bonds issued in whole for the purpose of this fund.
al Maintain and manage lands purchased by this fund. Ten percent of
the annual fund deposits shall be designated for such maintenance
and management of the lands purchased by this fund.
(c11 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.
(p
The council shall by ordinance establish procedures for the administration
and expenditure of moneys in this fund."
; and
WHEREAS, material proposed for addition is underscored; and
WHEREAS, the provision providing for the effective date of Charter Commission
Proposal CA -15 shall be retained, to read as follows:
. "Section 4. This amendment shall take effect on July 1, 2011."
; and
WHEREAS, the council proposes the alternative amendment for the following reasons:
1. Reasonable care, at a minimum, is routine maintenance of our property and
facilities; failure to do so exposes the County to liability.
2. The Department of Parks and Recreation budget does not allow for maintenance
of additional properties purchased from the public access, open space, and natural
resources preservation fund.
3. There is currently no funding source for routine maintenance of these parcels.
4. With the current economy, maintaining even our existing properties is a
challenge; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant to Hawaii Revised Statutes, section 50 -8, it hereby submits for the consideration of the
2009 -2010 Charter Commission the alternative amendment as provided herein.
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to the 2009 -2010 Charter Commission and the Office of the Corporation Counsel.
Date at , Hawai`i, this day of , 2010.
INTRODUCED BY:
Alk
C q CI MB r R, COY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i ENRIQUES
FORD
I hereby certify that the foregoing RESOLUTION was by GREEN WELL
the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN
County of Hawai`i on
IKEDA
NAEOLE - BEASON
ATTEST: ONISHI
YAGONG
YOSHIMOTO
Reference: C- 811 /Council
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 336 10
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