HomeMy WebLinkAboutCOM 0455.001 2014-2016 OF
Karen Eoff �� �� � Phone: (808) 323-4280
-^ ` 11 '. Fax: (808) 329 4786
Council Member .�..�„��� ;4=;
Council District 8-North Kona `� � ���' Email: karen.eoff@hawaiicounty.gov
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HAWAI`I COUNTY COUNCIL
County of Hawaii ra ('1
West Hawaii Civic Center, Bldg. A
74-5044 Ane Keohokalole Hwy. o
Kailua-Kona, Hawai'i 96740
s. m
DATE: September 15, 2015 =�
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TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawai`i County Council
FROM: '$) Karen Eoff, Council Member
Council District 8
SUBJECT: Proposed Amendment to Bill No. 90 Relating to Public Access, Open Space, and
Natural Resources Preservation.
Please see below proposed amendments to Bill No. 90. The proposed amendments are illustrated
in Ramseyer format with respect to the contents of Bill No. 90 (material to be deleted is
bracketed and stricken, material to be added is underscored).
1. In SECTION 6 of Bill No. 90, section 2-214.2 is amended by amending subsection (a) to
read as follows:
"(a) Pursuant to section 10-16(c) of the Charter, a special fund known as the public
access, open space, and natural resources preservation maintenance fund is
established. The purpose of this special fund is to accrue and use moneys for
maintenance of lands and easements acquired in full or in part by the public
access, open space, and natural resources preservation fund.”
2. In SECTION 6 of Bill No. 90, section 2-214.2 is amended by amending subsection (e) to
read as follows:
"(e) Pursuant to section 10-16 (h) of the Charter, and article 25 of this chapter,
stewardship grants may be provided to 501(c)(3) nonprofit organizations or an
organization operating under the umbrella of a 501(c)(3) nonprofit
organization."
Comm. No. LIS—C. (
Serving the Interests of the People of Our Island Ref. To: PJf-
Hawai`i County Is an Equal Opportunity Provider And Employer Ref. Date SEP 2Q15
3. In SECTION 7 of Bill No. 90, section 2-217 is amended by amending paragraph (5) to
read as follows:
"(5) To review, evaluate, and make recommendations to the director of the
department of parks and recreation regarding applications for stewardship grants
from the maintenance fund[.-], within six months of receipt of each application.
Recommendations shall address whether grant applicants have the ability to
complete their proposed projects according to the project plan, on time, and
within cost estimates, in accordance with section 10-16(h) of the Charter."
A draft copy of Bill No. 90, Draft 2, with these amendments incorporated therein is attached.
Thank you.
KE/wpb
Attachment
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AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42 OF THE HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC ACCESS, OPEN
SPACE,AND NATURAL RESOURCES PRESERVATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Section 10-16 of the Charter established the Public Access,
Open Space, and Natural Resources Preservation Maintenance Fund. The purpose of this
ordinance is to add language into the Code necessary to facilitate the administration of this fund
and to enable the Public Access, Open Space, and Natural Resources Commission to review and
evaluate stewardship grant applications associated with this fund.
SECTION 2. Chapter 2, article 42, of the Hawai`i County Code 1983 (2005 Edition, as
amended), is amended by amending its title to read as follows:
"Article 42. Public Access, Open Space, and Natural Resources Preservation
[fid]
SECTION 3. Chapter 2, article 42, section 2-214, of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended by renumbering and amending the title to this section to
read as follows:
"Section [2 214]2-214.1. Public access, open space, and natural resources
preservation fund."
SECTION 4. Chapter 2, article 42, section 2-214, of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended by amending subsection (b) to read as follows:
"(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;] section;
(2) Council appropriations for the purposes of this [article;] section;
(3) Any source of revenue dedicated by the [Hawai`i County] Charter or
the [Hawai`i County] Code for the purposes of this [article;] section;
(4) Grants and private contributions intended for the purposes of this
[article;] section;
(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 director of finance;
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(6) Monies from items numbered(1), (2), (3), and (4) above, shall be
deposited as received; and
(7) Notwithstanding(b)(5) of this section, for the period from July 1, 2009
to June 30, 2011, no payments relating to this section shall be allocated
or deposited, provided, however, that all payments accrued through
June 30, 2009 shall be allocated and deposited by July 31, 2009."
SECTION 5. Chapter 2, article 42, section 2-214, of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended by amending subsection (d) to read as follows:
"(d) The director of finance shall ensure that the following covenant is written
and duly recorded as part of the deed of any property acquired pursuant to
this [article:] section:
"This land/easement was acquired 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 and may not be sold, mortgaged, traded or transferred in any way."
The director of finance shall select either "land" or"easement" based on the
type of property acquired."
SECTION 6. Chapter 2, article 42, of the Hawai`i County Code 1983 (2005 Edition, as
amended), is amended by adding a new section to read as follows:
"Section 2-214.2. Public access, open space, and natural resources
preservation maintenance fund.
(a) Pursuant to section 10-16(c) of the Charter, a special fund known as the
public access, open space, and natural resources preservation maintenance
fund is established. The purpose of this special fund is to accrue and use
moneys for maintenance of lands and easements acquired in full or in part
by the public access, open space, and natural resources preservation fund.
(b) Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be
administered and managed by the department of parks and recreation.
Adequate staff to carry out the provisions of this article and section 10-16
of the Charter shall be provided in the department of parks and recreation.
(c) The financial aspects of the maintenance fund shall be handled by the
department of finance. Pursuant to sections 10-16(d), (e), and (f) of the
Charter, deposits shall occur, and accounting, reports and financial
statements from the department of finance shall be made.
(d) Pursuant to section 10-16(g) of the Charter, this maintenance fund shall be
used solely for expenditures directly related to its purpose.
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(e) Pursuant to section 10-16 (h) of the Charter, and article 25 of this chapter,
stewardship grants may be provided to 501(c)(3) nonprofit organizations or
an organization operating under the umbrella of a 501(c)(3) nonprofit
organization."
SECTION 7. Chapter 2, article 42, section 2-217 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 2-217. Duties and responsibilities of the commission.
The duties and responsibilities of this commission are:
(1) To develop and submit to the mayor, an initial island-wide prioritized list of
qualifying lands worthy of preservation within six months of being
confirmed to the commission by the council. Priorities shall be listed on an
island-wide rather than district basis. The list shall include the significance
of each parcel or entitlement identified, the reason for its priority, and its
anticipated use after acquisition;
(2) To update this list at any time, but at least annually by December 31 of each
year; and
(3) To explore methods of funding land acquisition and make recommendations
to the mayor.
(4) The commission shall give emphasis to land acquisitions where the
County's contribution can be leveraged to obtain State, Federal, and/or
private lands.
(5) To review, evaluate, and make recommendations to the director of the
department of parks and recreation regarding applications for stewardship
grants from the maintenance fund, within six months of receipt of each
application. Recommendations shall address whether grant applicants have
the ability to complete their proposed projects according to the project plan,
on time, and within cost estimates, in accordance with section 10-16(h) of
the Charter.
(6) To review stewardship grant applications, business plans, agreements, and
other documentation accompanying grant applications. The commission
may also conduct interviews and perform site visits and other activities
necessary to formulate a recommendation.
(7) To review stewardship grant recipient performance reports, conduct
interviews, and perform site visits and other activities necessary to verify
that grant objectives are being met. The commission shall forward its
findings to the director of parks and recreation."
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SECTION 8. Chapter 2, article 42, section 2-218 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended by amending subsection (c) to read as follows:
"(c) Appraisals, title reports, surveying and other costs incidental to the
acquisition of land shall be permitted uses of[this] the public access, open
space, and natural resources preservation fund."
SECTION 9. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 10. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall 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 11. This ordinance shall take effect upon its approval.
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