HomeMy WebLinkAboutComm No 0024 - Transmit CA-9Douglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: November 30, 2018
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
To: Members of the Hawai`i County Charter Commission
From: Douglass Shipman Adams, Chair
Hawai`i County Charter Commission
William Carthage Bergin
Michelle Galimba
Paul K. Hamano
Kevin D. Hopkins
Bobby Jean Akane Leithead Todd
Sarah H. Rice
Christopher John Imiloa Roehrig
Marcia A.K. Saquing
Donna Mae Springer
RE: Transmitting CA -9; Proposed Amendment to Section 10-15 — Public Access,
Open Space, and Natural Resources Preservation Fund; Submitted by
Commissioner Galimba
Please find attached CA -9, which proposes to amend Section 10-15 of the Hawai`i
County Charter (2018 Edition), by adding that monies from the Public Access, Open
Space, and Natural Resources Preservation Fund shall be used to fund a staff position
dedicated to administering to the provisions of the fund.
CA -9 will be placed on the December 14, 2018, meeting agenda for its initial
consideration and approval prior to first reading.
Should you have any questions, please contact our Commission Analyst, Jon Henricks.
DSA/jdh
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No. 24
PROPOSAL NO. CA -9
(For Commission Use Only)
2018-2020 HAWAI`I COUNTY CHARTER COMMISSION
CHARTER AMENDMENT PROPOSAL FORM
1. GENERAL INFORMATION
Name of Commission Member: Galimba
2. If applicable, list the Section number(s) of the charter provision(s) to be deleted or
amended:
Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund.
3. Provide a brief description of the purpose of the proposed charter amendment; include
a description of the issue the proposal would address:
The proposed charter amendment will appropriate funding from the PONC fund to
support a dedicated staff person for the PONC program, while preserving funding at
current levels. This amendment will improve the effectiveness of the PONC program
using PONC funds.
4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction,
name the jurisdiction and, if possible, attach a copy of the relevant provision(s).
5. If the proposal is based on any written materials you have, please attach a copy with a
citation to its source.
See reverse side
Form CA -1
Revised 8/29/18
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6. Attach the text of the proposed charter amendment in Ramseyer format (see below).
Ramseyer Format, if proposing:
Amendments to Existing Charter Provisions
Any language being proposed to be added to the Charter shall be underscored.
Any language being proposed to be deleted from the Charter shall be [bracketed and
stricken] .
Replacing Existing Charter Provisions in their Entirety
Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed
to be deleted, and provide the text of any provisions proposed to replace the deleted
material.
New Charter Provisions
Provide the text of the new provision(s) and, if possible, indicate where in the Charter the
new material should be inserted.
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Form CA -1
Revised 8/29/18
Full Text for CA -9
Amend Section 10-15 to read:
"Section 10-15. Public Access, Open Space, and Natural Resources Preservation
Fund.
(a) In adopting each fiscal year's operating budget, the council shall appropriate a
minimum of two percent of the certified real property tax revenues, including
penalty and interest, to a fund known as the public access, open space, and natural
resources preservation fund. Deposits to the fund shall occur at a minimum, on a
quarterly basis.
(b) Funding shall consist of a minimum of two percent of actual revenue received in
the fiscal year. Additional revenue may consist of grants and private contributions
intended for the purpose of this section, voluntary contributions of any amount as
specified on the real property tax bill, proceeds from the sale of general obligation
bonds authorized and issued for the purpose of this section, council appropriations
for the purpose of this section, and any other source of revenue.
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands and easements in the County of Hawai`i
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.
(2) Pay the principal, interest and premium, if any, due with respect to bonds
issued in whole for the purpose of this fund.
fal Fund a senior staff person dedicated to the administration of the provisions
of this section, who shall be employed under the department of finance and
whose duties shall include, but not be limited to: assisting the public with
applications for acquisition; assisting the public access, open space, and
natural resources preservation commission with its prioritization of
properties to be acquired; negotiation and acquisition of eligible
properties; seeking and acquiring matching funds; and managing the
maintenance of lands acquired by this fund, by overseeing and
implementing the provisions of Section 10-16 of this charter. This position
shall be exempt from civil service laws and classifications and be distinct
from any other positions that provide support for the provisions of this
section, Section 10-16 of this charter, and any matters related thereto.
(d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but
shall remain in the fund accumulating interest from year to year. The moneys in
this fund shall not be used for any purpose except those listed in this section.
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Form CA -1
Revised 8/29/18
(i)
The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
This fund shall be used for acquisition of land and easements and shall not be used
for development, maintenance or for any purpose other than as provided in this
section.
The highest and best use of this fund is to leverage the money in the fund by
attracting matching funds, although, matching funds are not required in every
purchase.
Any land acquired with this fund shall contain the following restrictive covenant in
its recorded deed of conveyance: "This land 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."
Any easement acquired with this fund shall contain the following restrictive
covenant in its recorded deed of conveyance: "This 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.»»
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Form CA -1
Revised 8/29/18