Loading...
HomeMy WebLinkAboutRES 335 Draft 01 2008-2010 OFFICE INFORMATION ONLY May 5, 2010 — Council Meeting (38` Session) Meeting: Close File — May 5, 2010 Action: Re: Resolution 335 -10 /C -810 COUNTY OF HAWAII RESOLUTION NO, 335 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: " §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 Hawaii 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. jai In adopting each fiscal year's budget and capital program, the council shall deposit a minimum of two percent of the certified real property tax revenues, including penalties and interest to a fund known as the public access, open space and natural resources preservation fund. Deposits to the fund shall occur at least twice a year. The fund shall be in an interest bearing account. Funding shall consist of a minimum of two percent of actual property tax revenue received in the fiscal ear. Additional revenue ma consist of •rants and .rivate 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 any other source of revenue. fc,) Moneys in this fund shall be used solely to: (1) Purchase or otherwise acquire lands or property entitlements in the County of Hawaii for public outdoor recreation and education, including: (A) Access to beaches and mountains; WJ Preservation of historic or culturally important land areas and sites; ; and (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 (El 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. all 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 find shall not be used for any purpose except those listed in this section. fel The council shall by ordinance establish procedures for the administration and expenditure of money in this fund. (f) This fund shall be used for acquisition only and not for development or maintenance. l.f� 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 Hawai`i County. This land may not be sold, mortgaged, traded or transferred in any way. " 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. A one percent (1 %) Hawai`i County Charter land fund does not reflect the will of the voters that supported a minimum deposit of two percent (2 %) into a Public Access, Open Space, and Natural Resources Preservation Fund in the General Election held on November 7, 2006; and 2. Approximately 90% of the island wide written testimony submitted to the Charter Commission during the discussion of the land fund supported keeping the two percent (2 %) level as voted by 57% of the voters in the 2006 General Election. 3. Requiring Hawai`i County to make deposits four times per year is too arduous. 4. Requiring that the land fund be an interest bearing account will financially benefit Hawai`i County in supporting the purchase of land for open space and preservation. 5. This alternative amendment clearly defines the source of the funding as well as the criteria for purchasing properties which shall be held in perpetuity for the use and enjoyment of the people of Hawaii County. 6. This alternative amendment is a pledge to future generations that properties purchased through the Public Access, Open Space, and Natural Resources Preservation Fund will never be sold, mortgaged, traded or transferred in any way; 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. Date at , Hawai`i, this day of , 2010. INTRODUCED BY: COUNCIL MEMB4, C Y OF I-IAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of I-Iawai`i AYES NOES ABS EX Hilo, Hawaii ENRIQUES FORD 1 hereby certify that the foregoing RESOLUTION was by GREEN WELL the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on 1101 1 MANN IKEDA NAEOLE- REASON ATTEST: ONISHI • YAGONG YOSHIMOTO Reference: C 810 /Council COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 335 10 3