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HomeMy WebLinkAboutCOM 0886.002 2020-2022 o``�Y;°•R k?iy Dr. Ilolekcx Goro Inaba c.°• � ",, Office: (808) 323-4280 Council Member, District 8, N. Kona � N' Email:holeka.inaba@hawaiicoumy.gov HA YV AP I COUNTY COUNCIL n 3 County of Hawai`i Vest Hawai`i Civic Center, Bldg. A _ ' 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i 96740 10 i �x DATE: August 9, 2022 TO: Maile Medeiros David, Council Chair and Members of the Hawaii County Council FROM: Dr. Holeka Goro Inaba, Council Member Council District 8 SUBJECT: Proposed Amendment to Resolution No. 467-22; A Resolution requesting the Office of the County Auditor to conduct a performance audit of the Office of Housing and Community Development to ensure that the agency has adequate fundamental and strategic plans to guarantee the lawful and efficient issuance and utilization of affordable housing credits. Please see the below proposed amendment to Resolution No. 467-22. The proposed amendments are illustrated in Ramseyer format with respect to the contents of Resolution 467-22, (material to be deleted is bracketed and stricken; material to be added is underscored). 1. The title of Resolution No. 467-22 is amended to read as follows: "A RESOLUTION REQUESTING THE OFFICE OF THE COUNTY AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO ENSURE [THAT ADEQUATE FUNDAMENTAL AND STRATEGIC PLANS TO GUARANTEE THE LAWFUL ] THE EFFICIENT ISSUANCE AND UTILIZATION OF AFFORDABLE HOUSING CREDITS THAT INCLUDES A COMPREHENSIVE ACCOUNTING OF ALL CREDITS ISSUED, OUTSTANDING, TRANSFERRED, OR REDEEMED,AND RECOMMENDATIONS THAT ENHANCE PROGRAM CONTROLS, EFFICIENCY, AND EFFECTIVENESS." 2. The third through eighth WHEREAS clauses of Resolution 467-22 are deleted as follows: "[WHEREAS, Seelion 11 4(a) of the Hawai'i County Code provides faf t distfiet designations are enacted by ,'� vfdinaneee;and Comm. No. Ref.To, p Hawaii County Is an Equal Opportunity Provider and Employer Rei. gate @L (022 Caff-efdable housing conditions that ha,e satisfied as of Febfuafy 5,6 , of to w-hieh the 001dflt— 11 .Y flas feqUll Lllie '6' MWEREAS 9 Seetion 11 9 subsections (b) thr-ough 9 of the Hawai Goun-W Code entimefate how aff-ofdable he 1-11-11ements may be satisfied by-the aCetimC1ILilTPi1-L'oTGL I:3:'3CTQD'IL LlTltf' WHEREA Seefiaii 11 5(e) of the 14awai'i County Code establishes a sehedul-e affordable by which affordable ho'LTTI"11'g e edits may be eLTmed;a-ad WHEREAS, Development;affefdable housing efedits are administered by the OffiHousing and Genimunit-y andWHEREAS,there have been many eoneefns expfessed ffafn individuals an afganizations ttfgifig the need f6f an audit of the Office of Housing and Goniftitinity Development to ensufe that the ageney has adequa e ftindamental and strategic plans to , 4iirte��� w , 3. Four new WHEREAS clauses are added, as follows: WHEREAS, Section 11-5 of the Hawaii County Code provides for the methods by which developers ma satisfy affordable housing requirements; and WHEREAS, Section 11-15 of the Hawaii County Code provides for the methods by which developers who construct affordable housing units in excess of any requirements imposed under the chapter or any other requirement may earn"excess credits"which they may transfer to other developers; and WHEREAS, Section 11-19 of the Hawaii County Code provides for a description of reporting requirements from the Housing Administrator to Council; and WHEREAS, concerns surrounding the stewardship of affordable housing credits necessitate an accounting of credits and evaluation of the current control environment; now, therefore," 4. The enacting clause of Resolution No. 267-22 is amended to read as follows: `BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Office of the County Auditor to conduct a performance audit of the Office of Housing and Community Development to ensure [that the agerey has a,aegti to utilization of aff-ordable housing efedits that ineledes a yeafly comprehensive list of all efed is outstanding,issued, an fedeeme the efficient issuance and utilization of affordable housing credits, comprehensive accounting; of credits, tests of the current control environment, and related criteria as determined necessary the Auditor, concluding in an audit report transmitted to County Council." A draft copy of Resolution No. 467-22 is attached with these proposed amendments incorporated therein. HGI/wpb Att. A RESOLUTION REQUESTING THE OFFICE OFT E COUNTY AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO ENSURE THE EFFICIENT ISSUANCE AND UTILIZATION OF AFFORDABLE HOUSING CREDITS THAT INCLUDES A COMPREHENSIVE ACCOUNTING OF ALL CREDITS ISSUED, OUTSTANDING, TRANSFERRED, OR REDEEMED, AND RECOMMENDATIONS THAT ENHANCE PROGRAM CONTROLS,EFFICIENCY, AND EFFECTIVENESS. WHEREAS, Section 2-70 of the Hawaii County Code provides in part that the housing administrator may carry out powers to "develop and construct dwelling units, alone or in partnership with developers; provide assistance and aid to a public agency or person in developing and constructing new housing and rehabilitating old housing for the elderly of low income, other persons of low income...and contract with any eligible bidders to provide for construction of urgently needed housing for persons of low income..."; and WHEREAS, Section 2-71 of the Hawaii County Code provides in part that"the housing administrator shall have direct responsibility for the administration and operation of the County housing programs..."; and WHEREAS, Section 11-5 of the Hawaii County Code provides for the methods by which developers may satisfy affordable housing requirements; and WHEREAS, Section 11-15 of the Hawaii County Code provides for the methods by which developers who construct affordable housing units in excess of any requirements imposed under the chapter or any other requirement may earn"excess credits"which they may transfer to other developers; and WHEREAS, Section 11-19 of the Hawaii County Code provides for a description of reporting requirements from the Housing Administrator to Council; and WHEREAS, concerns surrounding the stewardship of affordable housing credits necessitate an accounting of credits and evaluation of the current control environment; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Office of the County Auditor to conduct a performance audit of the Office of Housing and Community Development to ensure the efficient issuance and utilization of affordable housing credits, comprehensive accounting of credits, tests of the current control environment, and related criteria as determined necessary by the Auditor, concluding in an audit report transmitted to County Council. BE IT FURTHER RESOLVED that the findings and recommendations of the audit are intended to assist County government in its management of public resources, delivery of public services, and stewardship of public trust. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mayor Mitchell D. Roth, Housing Administrator Susan Kunz, and County Auditor Tyler Benner.