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Home My WebLink AboutComm No 0044 - Transmit CA-27Douglass Shipman Adams Chairperson Jennifer Leilani Zelko-Schlueter Vice Chairperson 2018-2020 HAWAII COUNTY CHARTER COMMISSION Date: February 27, 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 -27; Proposed Amendments to Section 10-15 — Relating to the Public Access, Open Space, and Natural Resources Preservation Fund; Submitted by Commissioner Roehrig Please find attached CA -27, which proposes to amend Section 10-15 of the Hawai`i County Charter (2018 Edition) to add language to place an emphasis on the acquisition of easements and that the County may exercise eminent domain to acquire properties and easements using the Public Access, Open Space, and Natural Resources Preservation Fund. CA -27 will be placed on the next available 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. 44 CA -27 PROPOSAL NO. (For Commission Use Only) 2018-2020 HAWAII COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: CHRISTOPHER J. I. ROEHRIG 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 (hereinafter "PONC 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 purpose of this proposal is to amend the PONC fund law so that there is an emphasis on purchasing PONC easements rather than entire parcels for the reasons described hereafter. The law presently allows for the purchase of easements but none have been purchased. Of the PONC properties that have been purchased seldom, if ever, is the entire PONC property useful for PONC purposes. Millions of dollars have been used to purchase old sugarcane lands. The useful portion of a property may be obtained for the public by buying easements over that portion of property. The cost to purchase an easement would be a fraction of purchasing the entire parcel. Therefore the PONC funds would go substantially further. Easements may need only be feet in width. There should be an examination and determination of a potential PONC property to determine what portion of the property is of PONC value, e.g. shoreline access, forest, cultural areas, etc. Then there should be an easement purchased over this area. The right of condemnation or eminent domain should be added. This will ensure the owner of a potential PONC property bargains in good faith or the situation where the County wants a certain parcel or easement and the owner is unwilling. Form CA -1 Revised 8/29/18 1 of 4 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. 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. Form CA -1 Revised 8/29/18 2 of 4 Hawaii County Charter Proposal --text 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. (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) Whenever practicable, the County shall seek to acquire an easement as a preferred method to accomplish the objectives in subsection (c)(1). (h) The County may enter into eminent domain proceedings, as provided for in Section 101-13 of the Hawai`i Revised Statues, to acquire lands and easements pursuant to this section. [(g)]Q 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 Form CA -1 Revised 8/29/18 3 of 4 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 -)]Q 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." Form CA -1 Revised 8/29/18 4 of 4