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Home My WebLink AboutCOM 0718.005 2008-2010Murashige, Laura ,CoM 1. 71& P/FG From: Debbie Hecht [hecht.deb @gmail.com] Sent: Thursday, March 11, 2010 1201 PM To: dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; enaeole @co.hawaii hi.us; Billy Kenoi; Council testimony, Domino Yagong; Enriques, Guy; Ford, Brenda; Greenwell, Kelly; J S Yoshimoto; Pete Hoffman Subject: Resolution 307 -10- Kingman Trust Parcel Attachments: Open Space ordinance_ of Aloha Council members and Mayor Kenoi- I don't think the Kingman trust property fits the property criteria in the Public Access and Open Space Land Fund ordinance in Article 42, 214 -2 d of the Hawaii county code. Please look at the attached ordinance to read the criteria. If the intended use is for parking lot, police station and fire station, that money should come from CIP or other funds from the budget which is for infrastructure and not from the open space fund. Although, it would be very helpful to have more parking at Magic Sands to reduce the danger on Ali'i Drive. Please remember that after the purchase of Kawa Bay and Kaiholena, there will be hardly any money left in the fund until deposits are resumed in 2011. I hope the county can find the funding elsewhere and leave the depleted 2% fund for properties that fit the criteria. Mahalo- Debbie Hecht Debbie Hecht P.O. Box 4148 Kailua -Kona, HI 96745 (808) 989 -3222 oc z0 - 1 -. (Tf 3/11/2010 L. Page 1 of 1 Fri Comm. No. -lj r • S Ref. To: ti L Ref. gate MAR 16 2x10 COUNTY OF HAWAII ORDINANCE NO. 07 21 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: STATE OF HAWAII BILL NO. 19 Draft 3 A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. SECTION 1. Chapter 2, article 42, section 2 -214, Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Article 42. Public Access, Open Space, and Natural Resources Preservation Fund Section 2 -214. Public access, open space, and natural resources preservation fund. (a) A public access, open space, and natural resources preservation fund is hereby established. This special fund shall be administered and managed by the finance department. Monies deposited shall be invested in a conservative interest - bearing account that will allow monies to be available for property acquisition and prevent any erosion of the fund's principal amount. (b) The fund shall consist of monies from: (1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes of this article; (2) Council appropriations for the purposes of this article; (3) Any source of revenue dedicated by the Hawai`i County Charter or the Hawaii County Code for the purposes of this article; (4) Grants and private contributions intended for the purposes of this article; [and] (5) Two percent of Hawai`i County real property tax revenues collected annually (including penalties and interest). Deposits will be made to the Fund on June 30 2007 and then again on December 31, 2007, and on December 31 and June 30, in successive years, with deposits being calculated on all real property tax payments (including penalties and interest) received in the prior six months. Additional deposits and adjustments may be made at the discretion of the Finance Director; and (6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received. (c) In adopting each fiscal year's operating budget, the council shall appropriate a minimum of $250,000 to the public access, open space, and natural resources preservation fund. (1) Nothing in this section shall prevent the council from appropriating amounts in excess of the above minimum amounts to this fund. (d) The fund shall be used for acquiring lands or property entitlements in the County of Hawai`i for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) (5) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and Protection of watershed lands to preserve water quality and water supply." SECTION 2. Chapter 2, article 42, section 2 -218, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 2 -218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution. (b) Negotiations for acquisition of lands to be preserved shall occur between the County and the seller or its commissioned agent, or a licensed broker only. The commission shall have no role in the negotiations other than in its advisory capacity. (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of this fund. [ on„_ an d t he b (d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be provided in the department of finance to maximize the use of available funds by minimizing the payment of commission to outside agents to put together funding plans and to ensure that the County is a good steward of any land that comes under its control through this article." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. Material to be replaced is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This ordinance shall take effect upon its approval. Kona , Hawai`i Date of Introduction: February 7 , 2007 Date of 1st Reading: February 7 , 2007 Date of 2nd Reading: February 22, 2007 Effective Date March 6, 2007 RRFERc' N`1 ; Comm, 61.17 INTRODUCED BY: COUNCIL BER, COUNT OF HAWAII 2 ROLII b4LL13O" ' ( 1 . . AYES , NOES ABS EX Ford X CC Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 5 0 4 0 Inn Udnled Date introduced First Reading: Published. IRKS Brenda E'ord February 7, 2007 February 7, 2007 February 16, 2007 Second Reading, February 22, 2007 1'o :Mayor February 28, 2007 Returned March 6, 2007 I'Ilccn .r March 6, 2007 P,II „I „I March 13, 2007 R E'dl-I R RS APPROVED AS TO FO • AND LEGALITY: DFPU CORPORATION Coup OF OF HAWAI I Date UNSEL Diaupproved rhts day N,I o rr,P . 20 0 7 J)t)k. (V( L1_(1 1 1.111.411 OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i (Draft 3 I DU HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as tact/ivied above. Bill No.: Reference: Ord No. 19 (Draft 3) C- 63.12/F0 -22 0'7 22