HomeMy WebLinkAboutComm No 0021.055 - Transmit - CA-7 Draft 2 for First ReadingDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
Date: January 14, 2019
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 -7, Draft 2, for First Reading; Proposed Amendment to
Section 10-15 and Section 10-16; Relating to the Public Access, Open Space, and
Natural Resources Preservation Fund and Maintenance Fund
Please find attached CA -7, Draft 2, which proposes an amendments to Section 10-15 and
Section 10-16, by repealing and replacing provisions for both sections of the Hawai`i
County Charter (2018 Edition).
Section 10-15(a) as provided in CA -7 was amended by adding the words "a minimum of'
between the words "appropriate" and "one percent", and further amended by removing
clause (1) and its subordinate language; both as duly approved by the Commission during
its meeting on December 14, 2018, prior to the Commission voting to move CA -7, as
amended, out of Initial Approval and forward for First Reading.
CA -7, Draft 2, will be placed on the January 25, 2019, meeting agenda for 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. 21.55
CHARTER AMENDMENT NO. CA -7, DRAFT 2
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1. Article X, Section 10-15, of the Hawai`i County Charter (2018
Edition), is repealed.
Section 2. Article X, Section 10-16, of the Hawai`i County Charter (2018
Edition), is repealed.
Section 3. Article X of the Hawai`i County Charter (2018 Edition), is amended
by adding a new Section to read as follows:
"Section 10-15. Public Access, Open Space, and Natural Resources Preservation and
Maintenance Funds.
In adopting each fiscal year's budget and capital program, the council shall
appropriate a minimum of one percent of certified real property tax revenues,
0.75% of which shall be deposited in a fund known as the public access, open
space, and natural resources preservation fund and the remaining 0.25% of which
shall be deposited into a fund to be called the public access, open space, and
natural resources maintenance fund.
The council may by a two-thirds vote suspend this appropriation
requirement when the director of finance determines in writing that the
suspension of this appropriation is necessary to prevent a reduction in the level of
public services.
Q Moneys in public access, open space, and natural resources preservation fund
shall be utilized for purchasing or otherwise acquiring lands or property
entitlements for land conservation purposes in Hawai`i County for:
Public outdoor recreation and education;
Access to beaches and mountains;
W Preserving historic or culturally important land areas;
fiq Protecting natural resources, significant habitats, or ecosystems, including
buffer zones;
Preserving forests, beaches, coastal areas, areas of natural beauty, and
agricultural lands;
Protecting watershed lands to preserve water quality and water supply;
ILD Conserving land for the purpose of reducing erosion, floods, landslides,
and runoff, and
Improving disabled and public access to, and enjoyment of, public land,
open space, and recreational facilities.
Moneys in the public access, open space, and natural resources maintenance fund
shall be utilized to maintain and improve land or property entitlements for land
conservation purposes in Hawai`i County acquired pursuant to this section.
is _11 The moneys in each fund may also be used for the payment of principal, interest,
and premium, if any, due with respect to bonds issued for the purpose of this fund
and for the payment of costs associated with the purchase, redemption or
refunding of such bonds.
Lej Any balance remaining in these funds at the end of the fiscal year shall not lapse,
but shall remain in the funds, accumulating from year to year.
The council shall by ordinance establish procedures for the administration and
expenditure of revenues in this fund."
Section 4. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai`i
(2020), the revisor need not include the underscoring.
Section 5. The revisor of the charter shall renumber charter article, chapter,
and section numbers and any cross references thereto pursuant to amendments approved
by the electorate.
Section 6. 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
declared to be severable.
Section 7. This amendment shall take effect upon approval by the electorate.
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