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Home My WebLink AboutCOM 0327.000 2000-2002 dgY Oi ye_ AL KONISH[ ~ DONALD IKEDA County Clerk pJ a Deputy County Clerk CONSTANCE R. KIRIU ••pE CF? N'~ Legislative Auditor OFFICE OF THE COUNTY CLERK County of Nawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 Telephone: 961-8255 Facsimile: 961-8912 August 29, 2001 MEMO TO: James Y. Arakaki, Chair Hawaii County Council FROM: Constance R. Kiriu, Legislative Auditor~,,~~ Office of the Legislative Auditor RE: Special Study On County Of Hawaii Leases With Nonprofit Organizations -February 2000 In February 2000, we released a report entitled Special Study On County Of Hcrwai'i Leases With Nonprofit Organizations. On May 3, 2000 the Hawaii County Council approved and adopted Report No. 6 from the Committee On Human.- Services and Economic Development that outlined amendments to Chapter 2 of the Hawaii County Code as suggested in the special study. The recommended amendments were as follows: l . Establish the Finance Department as the central repository for all real property instruments and documents. 2. Require an annual tenancy report to the Council. 3. Included minimum conditions of real property agreements. 4. Place the Council at the end of the negotiation process. Attached for the Council's review is a proposed Bill for an Ordinance to amend Chapter 2 as outlined above. Please have it numbered and referred to the appropriate Committee for consideration. Presently, we are in receipt of comments from both the Office of the Corporation Counsel and the Department of Finance regarding this proposal. For your convenience, these comments as well as the special study and HSEDC Report No. 6 are also attached. If you have any questions regarding this measure, please contact myself or Legislative Assistant Charmaine T. Doran at 961-8494. Attachment CK/ctd ~i Il Comm. No. File No._~,.,_.~.,_.n~ ; Ref. lo:,_,a, Ref. ~,~te AUG~ 2001...... Harry Kim ~ William Takaba .44ayor _ _ f - Director LEA ~ ,_~~~:;I1i t ~ +r~ cF•Ke+.d 01 FEB 21 PFi12~ 13 County of ~avvaii Finance Department 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 (808) 961-8234 Fax (808) 961-8248 ~~I~~~~~~~i~ 7°®: Constance R. Kiriu, Legislative Auditor County of Hawaii ~r®m: William Takaba, Director of Finance date: February 20, 2001 fae: Special Study on County of Hawaii Leases With Nonprofit Organizations - February 2000 Thank you for the opportunity to review and comment on the proposal to amend Chapter 2 of the Hawaii County Code. We agree that the Department of Finance should serve as the central repository for all real property instruments and documents and prepare an annual tenancy report to the Council. Although the lead agency for the lease should ensure that the terms and conditions of the lease are carried out, the Department of Finance will be responsible for billing and collecting. We welcome the Council's inclusion of minimum conditions and selection criteria of real property agreements, and have no objection to having the Council placed at the end of the negotiation process. Should you need anything further, please let me know. Thank you again. wt ~ ~\d~t,;,•, Lincoln S.T. Ashida Harry Kim ~ Mm~or *C ~ Cnrpurutinn Counsel ar;;:-=~~'~ow;~/ Gerald Takase ~TF•OF~M~'~' rt.rsi stunt Gtrpurutiun Cotut.re! C~~~~f~ ~.~~v~xtt OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Sn~eet, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 461-8251 • FAX (S08) 961-b622 CONd~I®ENTlA~ ~4N17 PRlVILBGB® COMMUNlCo4TlON A1'T014NBY-CLIBNT COMMUNlCa4TlON NOT Ai l~UBLIC ~4~'COl?D May 23, 2001 MGM®I~N®UM TO: CNARMAINE T. DORAN Legislative Assistant , gyp/ FROM: LINCOLN S. T. ASHIDA V'~ Corporation Counsel RE: Proposed Ordinance relating to County leases with nonprofit organisations Thank you for your patience in allowing us to review your proposed ordinance. I have the following comments and recommendations. 1. The newly created section entitled "Central repository" has grammatical errors. The section should read, "All executed real property documents wherein the County is a party, including but not limited to, leases, rental agreements, licenses, permits and memorandums of agreement and understanding, shall be filed with the department of finance. 2. The supplemental language in Section 2-114 should read, "and upon approval of the minimum conditions and selection criteria of the council." All other proposed additions and amendments are sufficient. Thank you for allowing our office to serve you. N:LSA/County Clerk/Memo re draft ordinance re leases with nonprofits/5-23-01/mr Mir ms M,'pi \~IJ~ ;fir ~ of +nP OFFICE OF THE COUNTY CL0=12K HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96720 May 8, 2000 Refer: Comm. 468.008 (Comets. 468.002 thru 468.007) HSEDC-6 To: Legislative Auditor Connie Kiriu Re: SPECIAL STUDY ON COUNTY OF HAWAII LEASES WITH NONPROFIT ORGANIZATIONS The following is the action of the Hawaii County Council adopted at its meeting held on May 3, 2000 Approve and adopt Committee on Human Services and Economic Development Report No. 6. CO TY CLERK xc: Mayor Yamashiro Finance Director Corporation Counsel _ _ _ COMMI'T'TEE ON I~iJMAN SEIaVICE5 AND ECONOMIC DEVELOPMEN'T' DATE: April 17, 2000 Re: Communication Nos. 468.008; PLACE: Councilroom 468.007; 468.002; 468.003; 468.004; TIME: 1:30 p.m. 468.005; 468.006 Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Human Services and Economic Development, to which was referred Communication No. 468.008, reports as follows: Communication No. 468.008 dated March 30, 2000 is transmitted by Council Member J. Curtis Tyler, III, submitting for Council review and consideration Communication No. 468.002 and related communications concerning the Special Study on County of Hawaii Leases With Nonprofit Organizations transmitted to the County Council by Legislative Auditor Constance R. Kiriu on February 25, 2000. The Special Study was performed at the request of the Hawaii County Council by its Resolution No. 151-99. Your Committee on Human Services and Economic Development recommends that Communication No. 468.002 and all related communications be filed. Further, it unanimously approved a motion requesting the Legislative Auditor's Office to draft the following proposed amendments to the Hawaii County Code: 1. Establish the Finance Department as the central repository of all executed real property instruments (leases, rental agreements, licenses, permits, memorandums of agreement); (0~~0]~(-~ -2. Require the finance director to submit an annual tenancy report to the Council that lists all tenants of county property whether by written agreement or not, the type of agreement, the term, the fees, and verification that the tenant has complied with the terms and conditions of any contract; 3. Place the Council at the end of the negotiation process in a manner providing legislative control as found in other counties; and 4. State the minimum conditions that should be included in a written agreement pursuant to a collaborative consultation with the finance director, corporation counsel, and other personnel who have been involved in county land management. AYES NOES A&E Ex Respectfully submitted TYLER X JACOSSON x COMMITTEE ON HUMAN SERVICES CHUNG x EC NO VELOPMENT ELARIONOFF X LEITHEAD TODD X _ 1, PISICCHIO X . C TIS TYLER, II, CHAIR SMITH X YAGONG x HSEDC REPORT NO 6 ARAKAKI, E.o.M. ~4Y 3 2VtJ~J ADOPTED: