(a) In
adopting each fiscal year's budget and capital program, the Council
shall appropriate a minimum of one-half of one percent (0.5%) of the
certified real property tax revenues to a fund known as the public
access, open space, natural resources preservation fund ("fund").
The moneys in this fund shall be utilized for purchasing or otherwise
acquiring lands or property entitlements and any corresponding improvement
of those lands or property entitlements for land conservation purposes
in the County of Kaua'i 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 significant habitats or ecosystems, including buffer
zones;
(4) Preserving forests, beaches, coastal areas, and agricultural lands;
(5) Protecting watershed lands to preserve water quality and water supply;
(6) Conserving land in order to reduce erosion, floods, landslides, and
runoff;
(7) Improving public access to, and enjoyment of, public land, and open
space;
(8) Acquiring public access to public land, and open space;
(9) Conserving land for open space and scenic values.
(b) The moneys in this fund may also be used for the payment of interest, principal, and premium, if any, due with respect to bonds issued pursuant to Sections 3.13, 3.14, or 3.15, Charter, in whole or in part, for the purposes enumerated in Subsection
(a) of this Section and for the payment of costs associated with the purchase, redemption or refunding of such bonds.
(c) The
moneys in this fund may also be used to improve public pedestrian
access to coastal areas.
(d) Any
balance remaining in this fund at the end of any fiscal year shall
not lapse, but shall remain in the fund, accumulating from year to
year. The moneys in this fund shall not be used for any purpose except
those listed in this Section.
(Ord. No. 812, December
15, 2003; Ord. No. 925, March 28, 2012; Ord.
No. 936, July 1, 2013; Ord. No. 986, May 7, 2015; Ord. No. 1048, June 14, 2019)
(a) A community-based process that incorporates Countywide community input for the purposes of establishing biennial recommended priorities of lands or other property entitlements to be acquired for those land conservation purposes described in Sec.
6-14.1(a) of this Article and Paragraph C of Sec. 19.15 of the Charter shall be utilized by the County.
To meet this intent, a Fund Advisory Commission ("Commission")
shall be established consisting of nine appointees.
(1) The Mayor shall select four appointees, with at least one from each
of the following development plan areas and one at-large:
(2) The Council shall select four appointees, with at least one from
each of the following development plan areas and one at-large:
(B) Kōloa – Po'ipū – Kalāheo; and
(C) North Shore (Anahola to Hā'ena).
(3) One island wide, at-large appointee shall be selected by the seated
members. If there is no agreement on the selection of the one additional
member within 75 days of the vacancy, the power to fill that vacancy
shall fall to the Mayor and confirmed by the Council.
(4) Pursuant to Charter Sec. 23.02(B), all subsequent appointments shall
serve for staggered terms of three years and until their successors
are appointed. However, no holdover term shall extend beyond 90 days.
(5) The role of the Commission shall be to:
(A) Work with the Planning Department to develop a biennial list of priority
projects to be considered for funding; and
(B) Solicit public input on development of the biennial list of priority
projects to be considered for funding; and
(C) Prepare an annual report for the Mayor and Council's review. This
report should include, but not be limited to, a list of:
(iii)
Future goals and objectives; and
(6) The Commission is also authorized to:
(A) Advocate and be a resource for public access, open space, and natural
resources preservation planning for the County of Kaua'i;
(B) Provide feedback on the Department's implementation of priority recommendations;
(C) Serve as a forum to receive public input on issues relating to the
nine land conservation purposes outlined in Sec. 6-14.1(a)(1) through
(9);
(D) Assist with the resolution of issues relating to the nine land conservation
purposes outlined in Sec. 6-14.1(a)(1) through (9); and
(E) Biennially report the balance and review the sufficiency of the public
access, open space, natural resources preservation fund to the Council
and the Administration.
(b) The
Commission shall establish biennial recommended priorities of lands
or property entitlements to be acquired, or for the funding of projects
directly related to the purposes of this Article.
(c) For
administrative purposes, this Commission shall be attached to the
Planning Department.
(d) At
any given time, no more than 5% of this fund shall be used for administrative
expenses.
(e) Meetings
of this Commission shall comply with requirements of Chapter 92, Hawai'i
Revised Statutes (the "Sunshine Law").
(f) The
Commission shall adopt administrative rules of procedure pursuant
to Chapter 91, Hawai'i Revised Statutes (the "Hawai'i Administrative
Procedures Act") within 180 days of the full appointment of the Commission's
membership.
(Ord. No. 812, December
15, 2003; Ord. No. 925, March 28, 2012; Ord.
No. 936, July 1, 2013; Ord. No. 986, May 7, 2015)
(a) Appropriations
for expenditure from this fund shall be made by ordinance.
(b) The
Commission shall transmit biennial recommendations to the Council
for priorities of lands or other property entitlements to be acquired,
or for the funding of projects directly related to the purposes of
this Article.
(c) Funds
may be appropriated to another government entity, private owner, or
nonprofit organization and used to acquire an interest in property
with the requirement that lands or entitlements benefit the public
and are protected in perpetuity.
(d) Lands
or other property entitlements to be acquired may be owned or held
by the County of Kaua'i, other government entity, or nonprofit organization
with the requirement that lands or entitlements benefit the public
and are protected in perpetuity.
(e) Lands
or other property entitlements to be acquired may be managed by the
County of Kaua'i, other government entity, private owner, or nonprofit
organization with the requirement that lands or entitlements benefit
the public and are protected in perpetuity.
(Ord. No. 812, December
15, 2003; Ord. No. 925, March 28, 2012; Ord.
No. 936, July 1, 2013)