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HomeMy WebLinkAboutRES 337 Draft 01 2008-2010 OFFICE INFORMATION ONLY May 5, 2010 — Council Meeting (38 Session) Meeting: Withdrawn by Ms. Ford — May 5, 2010 Action: Re: Resolution 337 -10 /C -812 COUNTY OF HAWAII RESOLUTION NO. 337 10 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: STATE OF HAWAII " §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 Hawai`i 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. (al In adopting each fiscal year's budget and capital program, the council shall appropriate a minimum of 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. 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. (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) 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: (Al Access to beaches and mountains; 0 Preservation of historic or culturally important land areas and sites Protection of natural resources, significant habitat or eco- systems, including buffer zones; L121 Preservation of forests, beaches, coastal areas natural beauty and agricultural lands; and LEI Protection of watershed lands to preserve water quality and water supply. 21 Pay the principal interest and premium, if any, due with respect to bonds issued in whole for the purpose of this fund. Lz_1) No funds from the public access, open space, and natural resources preservation fund shall be used to build capital improvements or provide maintenance. (( 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. (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." 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. The voters of the County of Hawai`i passed the Public Access, Open Space, and Natural Resources Preservation Fund through ballot initiative by 63 percent for this fund to be funded at a two percent level. 2 • 2. The voters wanted the fund invested in a conservative interest - bearing account to be available for property acquisition and to prevent any erosion of the fund's principal amount. 3. No funds from the Public Access, Open Space, and Natural Resources Preservation Fund were to be used to build capital improvements or provide maintenance for lands acquired. 4. It became apparent that other funds from the county, state, or federal government could be used on a prorated basis at the initial acquisition of a parcel of land to purchase a portion of that land for public services only; e.g. public health, safety, and welfare. The land purchased with the Public Access, Open Space, and Natural Resources Preservation Fund would be held in perpetuity as open space, and the portion purchased with funds other than the Public Access, Open Space, and Natural Resources Preservation Fund could be used for public services; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Hawai`i 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. Dated at , Hawai`i, this day of , 2010. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawaii ENRIQUES FORD I hereby certify that the foregoing RESOLUTION was by GREENWELL 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 812 /Council COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 337 10 3