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HomeMy WebLinkAboutRES 237 Draft 01 2022-2024 COUNTY OF HAWAI'I -•4•4 `''°'A•- STATE OF HAWAI`I • fir:/rMG��•�\ RESOLUTION NO. 237 23 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A MULTI-YEAR LEASE OF REAL PROPERTY, A PORTION OF THE LILY YOSHIMATSU SENIOR CENTER, SITUATE AT WAIMEA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAI`I, IDENTIFIED AS TAX MAP KEY: (3) 6-7-002:025, TO THE WAIMEA ARTS COUNCIL. WHEREAS, pursuant to Executive Order No. 3818 signed by Governor Benjamin Cayetano on June 6, 2000, the County of Hawai`i controls and manages real property known as the Lily Yoshimatsu Senior Center, Tax Map Key: (3) 6-7-002:025, situate at Waimea, District of South Kohala, County and State of Hawai`i, consisting of 0.7266 acres, ("Premises") for elderly activities programs,public service and cultural activities (Exhibit"A"); and WHEREAS,the Waimea Arts Council is a 501(c)(3) non-profit organization dedicated to promoting the arts, the encouragement of artists and providing a forum for art-related community events (Exhibit"B"); and WHEREAS,the Waimea Arts Council desires to negotiate a multi-year lease of a portion of the Premises, for purposes consistent with its mission to stimulate community interest and participation in programs and to develop and display the creative and performing arts for all age groups such as music, dance, visual arts or skilled crafts; and WHEREAS, Article 19, Section 2-120(a)(2) of the Hawai`i County Code,provides that the Council of the County of Hawai`i may, by resolution approved by a majority of members, direct the Finance Director to negotiate the disposition of real property by leasing it to nonprofit organizations, at such rentals and on such terms and conditions as deemed proper; and WHEREAS, Article 19, Section 2-120(b)provides such lease of real property to nonprofit organizations may be made without notice or appraisal as required in Chapter 2, Article 19 of the Hawai`i County Code; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that under Chapter 2, Article 19, Section 2-120(a)(2) of the Hawai`i County Code,the Director of Finance is hereby authorized to negotiate a multi-year lease with the Waimea Arts Council, a 501(c)(3) nonprofit organization, without notice or appraisal, for a portion of the Premises as described in Exhibit"A" located at the Lily Yoshimatsu Senior Center, Tax Map Key: (3) 6-7- 002:025, situate at Waimea, South Kohala, County and State of Hawai`i. BE IT FURTHER RESOLVED, that the Honorable Mayor Mitchell D. Roth, Mayor of the County of Hawai`i is hereby authorized to execute said lease and all necessary agreements on behalf of the County of Hawai`i for purposes authorized by the Council as noted herein. BE IT FURTHER RESOLVED that the monthly rental amount shall be in accordance with the Minimum Rent Policy for New Dispositions of the State of Hawai`i Department of Land and Natural Resources. 2 BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to: (1) Mayor Mitchell D. Roth; (2) Finance Director Deanna Sako; (3) Parks and Recreation Director Maurice Messina; (4) Assistant Corporation Counsel J Yoshimoto; and (5)the Waimea Arts Council, PO Box 1818, Kamuela, Hawai`i 96743. Dated at Kona , Hawai`i, this 20th day of September , 20 23 . INTRODUCED BY: • COUNCIL MEMBER, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EVANS X GALIMBA X I hereby certify that the foregoing RESOLUTION was by ,INABA X the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X County of Hawai`i on September 20, 2023 KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X LEE LOY X VILLEGAS X 7 0 2 0 yd _) Reference: C-419/LAAC-31 e0 Y'CLERK = ERSON&PRESIDING OFFICER RESOLUTION NO. 237 23 3 Tr.I(pk No) '% of 44 / N h � o\. � " N 17' ,-. , 1„ ---,,,,„„ 4, 1 _., ‘a P.n.° •1.5. .' —....- NC al ke MI I it n ` Pala (1173G) * � 1 - --- v• • ' r> aI IU -f a • Nr�! • 11.111 vi'ha a cawtq r i t / �. 1-� ! ill i 7 . „oe, 1 1030120 J i I 0 obi.f.®mv \\\�\,\\\\\`\\\\\\ I yp fib ">? • ' M J< L t QJ Senor w \ r 0 �'I l \\\\\\\' . ' I \ \\\\\\\\\\\\\\\\\ �IN \ '- '` � 1 en 1 1^ wawa IA91 AMA Pr.. Q ,r. r'_, Ufa''' s.'" A!I )r I w". .Mlay.' lilt ._iAa..'L... • \\\\\\\.\\\\\\\\\ \\ H • i tf0'18' . r 9,6414 'I x x x x e•P.n.w m.wn _ -� � GAM uwr r.,can f/f . ENSINEERINS DIVISION DEPARTMENT OF PUBLIC WORKS-.GOVN Y OF HAWAII FORME' 9AIMEA COURTHOUSE SITE LOCATION OF BUILDINGS Flip 325 Oct.of Survey.1MA4 EXHIBIT B WAIMEA ARTS COUNCIL BY LAWS Ratified July 12, 1986 Amended June 17, 1989 Amended approx.Sept. 1989 Amended 2006 Amended June 2013 ARTICLE I—NAME The name of this organization shall be THE WAIMEA ARTS COUNCIL. ARTICLE II—PURPOSE • To stimulate community interest and participation in programs to develop and display the creative and performing arts for all age groups. • To coordinate and promote cultural activities in the area. • To act as advisors to the State Foundation on Culture and the Arts. • To act as a liaison with the Office of Mayor,the County Council and other appropriate county and state agencies. • To act as a liaison with the University of Hawaii and other educational and cultural institutions. ARTICLE III-MEMBERSHIP Classes of Membership: A.Membership is open to all adults interested in furthering the purpose of the Waimea Arts Council. A member shall be considered ACTIVE and in GOOD STANDING if current in dues. Categories of membership shall be determined by the Board of Directors. B. The Board of Directors may make an individual who has demonstrated an outstanding commitment to The Waimea Arts Council or the arts community an Honorary Member. Honorary members shall be exempt from the payment of dues; they shall not vote or hold office; otherwise shall be entitled to all privileges of membership. ARTICLE IV—OFFICERS AND BOARD OF DIRECTORS Sec.1. The Board of Directors, consisting of 5 — 9 members, shall be elected by the membership annnually in September. Sec.2. Officers shall be selected by and from the elected members of the Board of Directors. The officers shall consist of President,Vice President,Secretary and Treasurer. Sec.3. The Executive Committee shall consist of the President, Vice President, Secretary and Treasurer, and serves in an advisory capacity to the President. Sec.4. TERMS OF SERVICE: The Board of Directors shall assume office on October 1st and shall serve for a term of one (1)year.Board members may serve consecutively for an indefinite period of time. Sec.5. VACANCIES: Vacancies may be filled by the Board to complete the term of any Director who leaves the Board. Sec. 6. An officer may be removed by a majority vote of the Board of Directors for not fufilling the obligations and commitments of their elected position. Sec.7. OFFICER DUTIES: A. President shall be the chief executive officer of the Waimea Arts Council and shall have powers and duties as are usually exercised by that office with advice and approval of the Board of Directors.The President shall convene all meetings of the Executive Committee, Board of Directors, and the Membership,and may call for special meetings as needed. The President shall serve as an ex-officio member of all committees designated by the Board of Directors or the By Laws. The President may appoint a Legal Advisor,a Business Advisor or Financial Advisor as needed. B. Vice President assists the President; assumes all duties and conducts Council business in the President's absence and shall serve as liaison officer between the Committees of the Board of Directors and the President. C. Secretary shall be responsible for the minutes of all Board of Directors, Executive Committee, and Membership meetings for the Council, and shall submit copies of minutes to the proper persons for their records or use, as well as to the historical files. The Secretary shall see that the Historical records are kept current and in good order.The Secretary shall be responsible for all communication with the membership. The Secretary shall compose answers to mail, compose and obtain signatures on letters for the President and respond to inquiries as necessary in conducting Council business. D.Treasurer shall collect all dues and monies due the Council,pay all bills,and record these transactions in the proper manner. Bonding of the Treasurer shall be at the discretion of the Board of Directors. Treasurer shall present an annual financial report at the Annual Meeting.Annual financial report shall be made available to members and/or government agencies upon request Sec. 8. All of the elected officers or governing board members shall have no material conflict of interest and serve without compensation. ARTICLE V-STANDING COMMITTEES Standing Committees shall be at the discretion of the Board of Directors as long as the functions of the Council are met. The President shall submit formation of committees at election time so that positions may be filled. Standing committees should include: Gallery operations Programs and Workshops(other than Gallery operations) Hospitality Membership Ways &Means (Fundraising,Finance) Marketing and Public Relations Nominating ARTICLE VI—POLICIES Sec. 1. Board of Directors: See Article IV,Sec 1 and 2 of By Laws Sec.2. Vacancies: See Article IV,Sec 5 of By Laws. Sec.3. Terms of Service: See Article IV,Sec 4 of By Laws. Sec.4. Duties: The Board of Directors shall have general charge and,control of the affairs,funds,and property of the Council. It shall present to the membership an annual report of all activities, and an annual financial report. Sec.5. Meetings: Board of Directors meetings may be held on a regular monthly schedule as selected by the Board members.There shall be no less than eight(8) meetings of the Board during each fiscal year. Sec.6. Quorum: A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board. Sec.7. Executive Committee: Shall keep minutes and records of its actions and shall report each of its meetings to the members of the Board of Directors. Sec. 8. Amendments of By Laws — the power to alter or adopt new By Laws shall be vested in the Board of Directors subject to repeal by the members. Sec.9. Rules and Order - The last printing of Robert's Rules of Order Revised shall be the authority for all matters of procedure not specifically covered by these By Laws or special rules of procedure adopted by the Council. Sec. 10. Standing Rules - The Board of Directors may adopt Standing Rules not in conflict with the By Laws from time to time.They will be amended or revoked by a majority of the Board of Directors. ARTICLE VII-MEETINGS Sec. 1. Electoral Meetings - The Electoral Meeting shall be held at the September meeting, at which time the members shall elect the Board of Directors by plurality vote and transact such other business as may properly be brought before the membership.Nominations for election to the Board of Directors shall be presented by the Nominating Committee and by the membership from the floor. Membership shall receive notice of the meeting and the proposed slate of officers standing for election at least 30 days in advance by mail,or email. Sec.2. Annual Meeting - The Annual Meeting shall be held during the month of October at which time the members shall consider reports of the affairs of the Council and transact such other business as may be properly brought before the membership.The Electoral and Annual meetings may be held jointly during September at the discretion of the Board of Directors. Sec.3. Special Meetings - Special meetings of the members of the Board of Directors for any purpose whatsoever,may be called at any time by the President,or by the Board of Directors,or by any five (5) or more members thereof. Sec.4. Notice of Meetings-Notice of the time and place of each membership meeting shall be sent to members not less than one (1) week before the date of the meeting unless otherwise specified by these By Laws. Sec.5. Quorum-Those members present in person and entitled to vote thereat,or represented by written proxy, shall constitute a quorum at all meetings of the members for the transaction of business except as otherwise provided by law,by the Articles of Incorporation or by these By Laws. Sec.6. Voting - Voting by the membership shall be by voice or by show of hands or by written ballots, which will be accepted by email, or mail and must be delivered to the Secretary at least 2 days before the scheduled meeting. ARTICLE VIII-FISCAL POLICIES Sec. 1. The fiscal year shall be from October 1st to September 30th. Sec.2. At the Annual Meeting a copy of the Annual Financial Report shall be presented and copies made available to all interested members. Sec.3. Dues-All dues shall be paid annually,the amount regulated by the Board of Directors.