HomeMy WebLinkAboutComm No 0024.038 - Transmit CA-9 Draft 2 for First ReadingDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: January 14, 2019
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, Draft 2, for First Reading; Proposed Amendment to Section
10-15 — Relating to Adding a Staff Position to Administer the Provisions of
Section 10-15 and Section 10-16 of the Hawai`i County Charter (2018 Edition);
Submitted by Commissioner Galimba
Please find attached CA -9, Draft 2, as properly formatted for First Reading.
CA -9, as amended to Draft 2, passed Initial Approval on January 11, 2019, during the
reconvened December 14, 2018, sixth session of the Hawai`i County Charter
Commission, and will be placed on the January 25, 2019, meeting agenda for First
Reading.
CA -9 was amended by the Commission on January 11, 2019, per the contents of
Communication No. 24.37.
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. 24.38
CHARTER AMENDMENT NO. CA -9, 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 amended to read as follows:
"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 only 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 distinct from and in addition to any other positions that provide
support for the provisions of this section, Section 10-16 of this charter, and
Article 42 of the Hawai`i County Code or 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.
(e) The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
(f) 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.
(g) 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.
(h) 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."
(i) 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."
Section 2. 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 3. 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 4. 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 5. This amendment shall take effect upon approval by the electorate.
2