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Home My WebLink AboutCOM 0718.006 2008-2010Murashige, Laura From: Debbie Hecht [hecht.deb @gmail.com] Sent: Monday, September 06, 2010 10:02 AM Debbie Hecht P.O. Box 4148 Kailua -Kona, HI 96745 (808) 989 -3222 9/7/2010 LI D 7 i:1 To: dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; Billy Kenoi; Council testimony; Dominc Yagong; Enriques, Guy; Ford, Bf ? l ;;Greenwell, Kelly; J S Yoshimoto; Pete Hoffman Subject: Resolution 307 -10, 372 and 373- Kingman Trust Parcel Acquisition Attachments: Open Space ordinance_.tif Page 1 of 2 (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; (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 (E) Protection of watershed lands to preserve water quality and water supply. Comm I( Ref. Tot RE* Date pjEc Aloha Council members and Mayor Kenoi- I was the Coordinator for the 2% Land Fund initiative that was approved by 63% of voters in 2006 and author of amendments to the Open Space ordinance and the 1% charter amendment which will be on the ballot in November. 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. The criteria for acquisition for parcels is directly quoted from the ordinance: 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. The open space fund is NOT a bank account. Although, it would be very helpful to have more parking at Magic Sands to reduce the danger to beach goers on Ali'i Drive. Please remember that there is hardly any money left in the fund until deposits are resumed in 2011. THere are much better acquisitions already designated that fit the criteria exactly. I hope the county can find the funding elsewhere and leave the depleted 2% fund for properties that fit the criteria. Please find the money elsewhere to purchase this property. Mahalo- Debbie Hecht 2010 COUNTY OF HAWAII ORDINANCE NO. Q' 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 Hawai`i County Code for the purposes of this article; (4) Grants and private contributions intended for the purposes of this article; [awl] (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) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply." SECTION 2. Chapter 2, article 42, section 2 -218, Hawai`i 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. [ seller a nd the-- ] (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." 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 REFERENCE; Comm`. 63,32 2 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. INTRODUCED BY: COUNCIL ME 704-0.04e-21-/A--- BER COUNTY OUNTY OF HAWAII ROLLi ` A LL '01 1 AYES i NOES ABS EX Ford X r. ;. 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 Introduced 13y: Brenda Ford Date Introduced: February 7, 2007 hirst Reading: February 7, 2007 Published: February 16, 2007 REAL. I RK.S. Second Reading: February 22, 2007 To Mayor: February 28, 2007 Retuned: March 6, 2007 I:f�rc�i c: March 6, 2007 March 13, 2007 REAL-IRKS. I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FO AND LEGALITY: LEPU CORPORATION COUNSEL COON Y OF HAWAII Date of Discrpprure d dus day NI (r rct\ ,20 01 it I)a<C).�(. (tI( tyl "11.11f1 -11'I OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i ( Draft 3 Bill No.: Reference: Ord No.: 19 (Draft 3) C- 63.12/FC -22 07 21