HomeMy WebLinkAboutCOM 0072.001 2016-2018 Harry Kim '�-010,51f {h, Collin Tomei
Mayor -4 04C Director
• ;nom 3 2
Deanna S. Sako
ac-__, Deputy Director
• Hamana Ventura
• • Property Manager
County of Hawaii
Finance Department
25 Aupuni Street,Suite 1101 • Hilo,Hawaii 96720 COUNTY CLERK
(808)961-8234 • Fax(808)961-8248 COUNTY OF HAWAI'I
RECEIVED
February 1, 2017 Time 2:5IVPM By Mti
Date ed. oi, 2oi7
TO : The Honorable Valerie T. Poindexter
And Members of the Hawai`i County Council
FROM: Hamana Ventura-kW
Department of Finance; Property Manager
RE : 2016 Annual Public Access, Open Space and Natural Resources Preservation
Commission Report (2016 PONC Report)
COPIES/ITEMS DATE DESCRIPTION
1 12/28/2016 2016 PONC Report Appendix 2
TRANSMITTED FOR:
® Information and Files ❑ Approval
❑ Signature and Return ❑ Review and Comments
❑ Signature and Forwarding As Noted Below ® See Remarks Below
❑ Pursuant to Your Request ❑ Filing and Return (Envelope
Enclosed)
REMARKS: Enclosed is a copy of Appendix Two (2) to be included with the 2016 PONC
Report. If you have any questions, please feel free to contact at (808) 961-8009.
Enclosures
Comm.No, 72.-'
Ref.To:
Ref.Date %'t,h. /j1-°l 1
Hawai'i County is an equal opportunity provider and employer.
§ 2-211 HAWAII COUNTY CODE
Section 2-211. Dissolution of the fund.
The disaster and emergency fund shall not be dissolved unless such dissolution is
approved by a two-thirds vote of the County council.
(2004, ord 04-4, sec 2.)
Section 2-212. Reimbursement from grants.
If the County should receive reimbursement for money advanced by the disaster
and emergency fund, the grant money shall return to the disaster and emergency fund.
(2004, ord 04-4, sec 2.)
Section 2-213. Administration of the fund.
The director of finance shall administer the disaster and emergency fund, which
shall include investment of the fund.
(2004, ord 04-4, sec 2.)
Article 42. Public Access, Open Space, and Natural Resources Preservation.
Section 2-214. Repealed.
(2005, ord 05-85, sec 2; am 2005, ord 05-166, sec 1; am 2006, ord 06-151, sec 1; ord
06-169, sec 1; am 2007, ord 07-21, sec 1; am 2009, ord 09-66, sec 2; am 2013, ord 13-31,
sec 2; rep 2015, ord 15-97, sec 3.)
Section 2-214.1. 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 section;
(2) Council appropriations for the purposes of this section;
(3) Any source of revenue dedicated by the Charter or the Code for the purposes of
this section;
(4) Grants and private contributions intended for the purposes of this 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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ADN imsTRATION
§ 2-214.1
(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.
(c) The fund shall be used for acquiring lands or property entitlements in the County
of Hawaii 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.
(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 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.
(2005, ord 05-85, sec 2; am, ord 05-166, sec 1; am 2006, ord 06-151, sec 1; ord 06-169, sec
1; am 2007, ord 07-21, sec 1; am 2009, ord 09-66, sec 2; am 2013, ord 13-31, sec 2; am
2015, ord 15-97, sec 3-5.)
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
(mance shall be made.
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2-214.2 HAwAI`I COUNTY CODE
(d) Pursuant to section 10.16(8) of the Charter, this maintenance fund shall be used
solely for expenditures 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.
(2015, ord 15-97, sec 6.)
Section 2-215. Public access, open space, and natural resources
preservation commission.
(a) There is established a public access, open space, and natural resources preservation
commission. There shall be nine members on this commission, appointed by the
mayor and confirmed by the council. The members may be removed upon
recommendation by the mayor and the approval of the council. One member shall
reside in each County council district. The members shall serve staggered terms of
five years. Upon initial appointment of the commission, one member shall be
appointed to a term of one year, two for a term of two years, two for a term of three
years, two for a term of four years, and two for a term of five years. Staff support
shall be provided by the finance department.
(b) No member shall be eligible for a second appointment to the commission prior to
the expiration of two years, provided that members initially appointed for a term of
one year and two years shall be eligible to succeed themselves for an additional
term.
(c) No member whose term has expired shall continue to serve on the commission,
except that if no successor has been appointed and confirmed, the member shall
continue to serve for ninety days or until a successor is appointed and confirmed,
whichever comes first.
(d) Any vacancy occurring in the commission shall be filled for the unexpired term.
(e) Not more than a bare majority of the members shall belong to the same political
party.
(f) Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. Necessary expenses may be
paid in advance as per diem allowance pursuant to article 16.
(g) A chairperson shall be elected from its membership annually.
(h) The affirmative vote of a majority of those members present shall be necessary to
make any action valid.
(i) The commission shall have the power to establish its rules of procedure necessary
for the conduct of its business, which rules shall contain the time and place of all
regular meetings, and which shall specify that a quorum shall be a majority of the
members to which the commission is entitled.
0) No person shall, by reason of occupation alone, be barred from serving as a member
of this commission.
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ADMINISTRATION
§ 2-215
(k) The council shall act to confirm or reject any appointment made to the commission
by the mayor within forty-five days after receiving notice of the appointment from
the mayor. If the council does not confirm or reject any such appointment within
forty-five days, the appointee shall be deemed to have been confirmed.
(1) The redrawing of the council district boundaries during a member's term shall not
affect a member's eligibility to represent the district to which the member was
appointed.
(2005, ord 05-166, sec 2.)
Section 2-216. Oath of affirmation.
Before beginning their duties, each member appointed shall subscribe to the oath or
affirmation before some person duly qualified to administer oaths:
"I, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the State of Hawaii, and
that I will faithfully discharge my duties as a member of the public access, open space,
and natural resources preservation commission to the best of my ability."
(2005, ord 05-166, sec 3.)
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 island -wide prioritized list of
qualifying Iands worthy of preservation. 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;
(3) To explore methods of funding land acquisition and make recommendations to
the mayor;
(4) 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;
(5) 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; and
2-93
§ 2-217 HAWAII COUNTY CODE
(6) 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.
(2005, ord 05.166, sec 4; am 2015, ord 15-97, sec 7.)
Section 2-218. Prioritized list of qualifying lands worthy of preservation.
(a) The prioritized Iist 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 Iands 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 Iands 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 the public access, open space, and natural resources
preservation fund.
(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.
(2005, ord 05-166, sec 5; am 2007, ord 07.21, sec 2; am 2015, ord 15-97, sec 8.)
Article 43. Budget Stabilization Fund.
Section 2-219. Creation of fund; purpose.
(a) Pursuant to section 10-12, Hawaii County Charter 2000, a special fund to be
known as the budget stabilization fund is created.
(b) The purpose of the budget stabilization fund shall be a temporary, supplemental
source of funds for the County to use during times of financial hardships while a
plan for cost reduction or revenue enhancement is developed. Additionally, the
fund may be used to insulate general fund programs and current service levels
from:
(1) Revenue shortfalls to minimize the need for budget cuts or tax increases;
(2) A revenue reduction due to a change in state or federal legislation; or
(3) Slower revenue growth that typically occurs during an economic recession.
(2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.)
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