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Home My WebLink AboutORD 2015-097 2014-2016COUNTY OF HAWAII If 0 -' �• STATE OF HAWAII ►E OF�MF'� BILL NO. 90 (DRAFT' 3) ORDINANCE NO. 1-5 .97 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 Hawaii 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 SECTION 3. Chapter 2, article 42, section 2-214, of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by renumbering and amending the title to this section to read as follows: "Section [2-2U]2-214.1. Public access, open space, and natural resources preservation fund." SECTION 4. Chapter 2, article 42, section 2-214, of the Hawaii 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 [ai4iele;] section; (2) Council appropriations for the purposes of this [ar-tiele] section; (3) Any source of revenue dedicated by the [14awa `i C,,, Rly] Charter or the [ `' Go Code for the purposes of this [ar-tiele;] section; (4) Grants and private contributions intended for the purposes of this [ai4iele;] section; (5) Two percent of Hawaii 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; (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 Hawaii 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 [at4iele:] 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 Hawaii 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 Hawaii 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. Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be administered and managed b. t�partment 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. 2 Lc� The financial aspects of the maintenance fund shall be handled by he 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. Pursuant to section 10-16(g) of the Charter, this maintenance fund shall be used solei f�penditures directly related to its purpose. (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 Hawaii 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 [with six months of be �^ eenfiFmed to the eemmission by the eouneifl. The commission shall give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private lands. 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; [ate] (3) To explore methods of funding land acquisition and make recommendations to the mayor[...]i (4)fTL.eammissionshall give emphasis to lana " sitions where the LCountty's eepAr vutioirean bezeyeraged to obtain State, Feder -a!, nd/o private "„a^.] 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; To review stewardship grant applications, business plans, agreements, and other documentation accompanyingrg_ant applications. The commission may also conduct interviews and perform site visits and other activities necessary to formulate a recommendation; and 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." SECTION 8. Chapter 2, article 42, section 2-218 of the Hawaii 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 [tom] 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. Kona , Hawai`i Date of Introduction: October 7, 2015 Date of 1st Reading: October 7, 2015 Date of 2nd Reading: October 20, 2015 Effective Date: November 10, 2015 REFERENCE Comm. 455.7 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII M Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii (Draft 3 ) Karen Eoff October 7, 2015 October 7, 2015 October 17, 2015 Second Reading: October 20, 2015 To Mayor: October 28, 2015 Returned: Effective: Published: November 12, 2015 November 10, 2015 November 21. 2015 t. C0'UN i `I` C'!-ERK 2045 NOY 12 AN 11: 06 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X X Poindexter X Wille X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. -- CO UN LHAIRPERSON Approve isapproved this day Of20 OU YCLERK Bill No.: 90 (Draft 3) MAYOR, COUNTY.OFHAWAI'IReference: C-455.7/FC-35 Ord No.: eS 9'7