HomeMy WebLinkAboutCOM 0215.000 2008-2010
GUYENRIQUES vor Phone: (808) 961-8536
Fax: (808) 961-8912
Council Member <P ,
~,Id Email: genriquesoacahawuii.hi. us
Council District 6 -
Mailing Address: _ Business Address: o
333 KI(auea f1venue. Sesend Floor
(Former County Building) iJ•~ w;
25 Aupuni Street rE ofBen Frankli uilding:n
Hilo, Hawai'i 96720 Hilo. Hawaii=Q20
Hawai `i County Council s
County of Hawai `i n
fV
16 March 2009
TO: J Yoshimoto, Chair
And Members of the Hawaii County Council
FROM: G. Enriques, Council Member
SUBJECT: Resolution Transferring Contingen Relie unds (C racilDistrict 6)
Contingency Relief funds from Council District 6 will be appropriated to the Office of the
Prosecuting Attorney to be used towards the affordable after school children mentoring and
behavioral reinforcement programs of the Boys & Girls Club of the Big Island - Oceanview
Unit.
Attached is a resolution authorizing the transfer of $10,000 from the Clerk-Council Services -
Contingency Relief account to the following account and project:
FUNDING AMOUNT: FROM: TO:
$10,000 Clerk-Council SVC Office of the Prosecuting Attorney
Contingency Relief Prosecuting Atty. OCE
010.101.5101.91 (Boys & Girls Club of the Big
Island- Oceanview Unit)
010.271.5271.02
GE/bdw
Att.
~ Res.73- 001
Comm. No.
Ref. To: C~C.A7F
Ref. Date MAR 2 4 tlq
Serving the Interests ofthe People of Our Island
Hawaii County is an Equal Opportunity Provider and Employer
7/9/08
1
COUNTY OF HAWAII
CONTINGENCY RELIEF FUNDS REQUEST
TO: Office of the Prosecuting Attorney DATE: 211712009
Department r
FROM: District 61 Enriques PHONE/FAX: 961-8536
Council Member
A. REQUEST (ATTACH BACKUP INFORMATION, IF AVAILABLE)
1. AMOUNT: S10,000.00 2. TO ACCOUNT # (i.e., 010.500.5503.02): 010.271.5271.02.115
3. To ACCOUNT NAME (i.e., P&R Admin. OCE): Hilo Pros. Misc. Contract Services
4. PURPOSE(S) OF TRANSFER: Na'alehu Boys and Girls Club salaries and supplies
5. IF THE MONEY IS DESIGNATED FOR A NONPROFIT ORGANIZATION, NAME OF ORGANIZATION:
Boys and Girls Club of the Big Island 6. IS IT A 501(0)(3)? M YES ? No
*If YES, IRS determination letter must be
attached to this form
7. COUNTY-RELATED PROGRAM(S) OR ACTIVITY(19S) TO BE FUNDED: Affordable after school _
children mentoring and behavioral reinforcment
8. DEPARTMENTAL GOALS AND OBJECTIVES To BE ADDRESSED: Character and leadership activiles:
Family Strengthening activities for at risk children
9. FUNDING TO BENEFIT THE PUBLIC-AT-LARGE (AS OPPOSED TO PRIVATE BENEFIT)? MYES ? NO
10. IS THE PROGRAM OR ACTIVITY FUNDED ESTABLISHED BY CHARTER, ORDINANCE., OR DIRECTION
OF THE MAYOR? X'YES ~~O
B. DEPARTMENT'S RECOMMENDATION:
M APPROVE ? DENY ? DEFER: _
RATIONALE: Program supports Office of the Prosecuting Attorney's youth initiative "Youth Builders, "
addressing riskfactors offamil management issues and anti social behaviors.
DATE: March 10, 2009
epartme t Head
C. MAYOR'S ACTION
Request complies with Sec. 2-139.1 ICC.
with the following execptien,. it anY
APPROVED ?DENIED ?DEFERRED: No exceptions.olmy to approve _
if approved. change #10 to a -Yes".
COMMENTS: _ Ifapproved.chc"Yesppinppl110.
Signed( 1-4-F'~(1(lI3
DATE: MAR S L 2U5 1y, -Ytayor 015 7 7 .
i
~ t
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. O. BOX 2508
CINCINNATI, OH 45201
or, r Employer Identification Number:
Date: a 81-0575345
DLN:
17053340032042
BOYS AND GIRL CLUB OF THE BIG Contact Persons
ISLAND ALICE T LI ID# 95032
100 RANARAHONU ST Contact Telephone Number:
HILO, SI 96720 (877) 829-5500
Accounting Period Ending:
DECEMBER 31
Foundation Status Classifications
509 (a) (2)
Advance Ruling Period Begins&
MAY 30, 2002
Advance Ruling Period Enda:
DECEMBER 31, 2006
_ Addendum Applies:
NO
Dear Applicants
Based on information you supplied, and assuming your operations will be as
stated in your applicatioafor recognition of exemption, we have determined you
are exempt from federal income tax under section 501(x) of the Internal Revenue
'Code as an organization described in section 501(c)(3).
Because you are a newly created organization, we are not now making a
final determination of your foundation status under section 509(a) of the Code.
However, we have determined that you can reasonably expect to be a publicly
-supported organization described in section 509(a)(2).
Accordingly, during an advance ruling period you will be treated as a
publicly supported organization, and not as a private foundation. This advance
ruling period begins and ends on the dates shown above.
0
Within 90 days after the and of your advance ruling period, you must
send us the information needed to determine whether you have met the require-
ments of the applicable support test during the advance ruling period. If you
establish that you have been a publicly supported organization, we will classi-
fy you as asection 509(a)(1) or 509(a)(2) organization as long as you continue
to meet the requirements of the applicable support test. If you do not meet
the public support requirements during the advance ruling period, we will
classify you as a private foundation for. future periods. Also, if we classify
you as a private foundation, we will treat you as a private foundation from
your beginning date for purposes of section 507(d) and 4940.
Grantors and contributors may rely on our determination that you are not a
private foundation until 90 days after the end of your advance ruling period.
If you send us the required information within the 90 days, grantors and
contributors may continue to rely on the advance determination until we make
Letter 1045 (DO/CG)
BOYS AND GIRL CLUB OF THE BIG
a final determination of your foundation status.
If we publish a notice in the Internal Revenue Bulletin stating that we
will no longer treat you as a publicly supported organization, grantors and
contributors may not rely on this determination after the date we publish the
notice. In addition, if you lose your status as a publicly supported organi-
sation, and a grantor or contributor was responsible for, or was aware of, the
act or failure to act, that resulted is your loss of such status, that person
may not rely on this determination from the date of the act or failure to act.
Also, if a grantor or contributor learned that we had given notice that you
would be removed from classification as a publicly supported organisation, then
that person may not rely on this determination as of the date he or she
acquired such knowledge.
If you change your sources of support, your purposes, character, or method
of operation, please leir us know so we can consider the effect of the change on
your exempt status and,'foundation status. If you amend your organizational
document or bylaws, please send us a copy of the amended document or bylaws.
Also, let us know all changes in your name or address.
As of January 1984, you are liable for social security taxes under
the Federal Insurance Contributions Act on amounts of $100 or more you pay to
each of your employees durin%,a calendar year. You are not liable for the tax
imposed under the Federal Unemployment Tax Act (FOTA).
Organizations that are not private foundations are not subject to the pri-
vate foundation excise taxes under Chapter 42 of the internal Revenue Code.
However, you are not automatically exempt from other federal excise taxes. if
you have any questions about excise, employment, or other federal taxes, please
let us know.
Donors may deduct contributions to you as provided in section 170 of the
Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you
or for your use are deductible for Federal estate and gift tax purposes if they
most the applicable provisions of sections 2055, 2106, and 2522 of the Code.
Donors may deduct contributions to you only to the extent that their
contributions are gifts, with no consideration received. Ticket purchases and
similar payments in conjunction with fundraising events may not necessarily
qualify as deductible contributions, depending on the circumstances. Revenue
Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives
guidelines regarding when taxpayers may deduct payments for admission to, or
other participation in, fundraising. activities for charity.
Contributions to you are deductible by donors beginning MAY 30, 2002.
You are not required to file Form 990, Return of Organization Exempt From
Income Tax, if your gross receipts each year are normally $25,000 or less. If
you receive a Form 990 package in the mail, simply attach the label provided,
check the box in the heading to indicate that your annual gross receipts arm
normally $25,000 or less, and sign the return. Because you will be treated as
Letter 1045 (DO/CG)
1
-3-
BOYS AND GIRL CLUB OF THE BIG
a public charity for return filing purposes during your entire advance ruling
period, you should file Form 990 for each year in your advance ruling period
that you exceed the $25,000 filing threshold even if your sources of support
do not satisfy the public support test specified in the heading of this letter.
If a return is required, it moat be filed by the 15th day of the fifth
month after the and of your annual accounting period. A penalty of $20 a day
is charged when a return is filed late, unless there is reasonable cause for
the delay. However, the maximum penalty charged cannot exceed $10,000 or
5 percent of your gross receipts for the year, whichever is less. For
organizations with gross receipts exceeding $1,000,000 in any year, the penalty
is $100 per day per return, unless there is reasonable cause for the delay.
The maximum penalty for an organization with gross receipts exceeding
$1,000,000 shall not "exceed $50,000. This penalty may also be charged if a
return is not complete. So, please be sure your return is complete before you
file it.
You are not reT red to file federal income tax returns unless you are
subject to the tax on unrelated business income under section 511 of the Code.
If you are subject too this tax, you must file an income tax return on Form
990-T, Exempt Organization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activities are unre-
lated trade or business as defined in section 513 of the Code.
You are required to make your annual information return, Form 990 or
Form 990-EZ, available for public inspection for three years after the later
of the due date of the return or the date the return is filed. You are also
required to make available for public inspection your exemption application,'
any supporting documents, and your exemption letter. Copies of these
documents are also required to be provided to any individual upon written or in
person request without charge other than reasonable fees for copying and
postage. You may fulfill this requirement by placing these documents on the
Internet. Penalties may be imposed for failure to comply with these
requirements. Additional information-in available in Publication 557,
Tax-Exempt Status for Your Organization, or you may call our toll free
number shown above.
You need an employer identification number even if you have no employees.
If an employer identification number was not entered on your application, we
will assign a number to you and advise you of it.. Please use that number on
all returns you file and in all correspondence with the Internal Revenue
Service.
This determination is based on evidence that your funds are dedicated to
the purposes listed in section 501(c)(3) of the Code. To assure your continued
exemption, you should keep records to show that funds are spent only for those
purposes. If you distribute funds to other organizations, your records should
show whether they are exempt under section 501(c) (3). In cases where the
recipient organization is not exempt under section 501(c) (3), you must have
evidence that the funds will remain dedicated to the required purposes and that
the recipient will use the funds for those purposes.
Letter 1045 (DO/CG)
-4-
BOYS AND GIRL CLUB OF THE BIG
If you distribute funds to individuals, you should keep case histories
showing the recipients' names, addresses, purposes of awards, manner of selec-
tion, and relationship (if any) to members, officers, trustees or donors of
funds to you, so that you can substantiate upon request by the Internal Revenue
Service any and all distributions you made to individuals. (Revenue Ruling
56-304, C.H. 1956-2, page 306.)
If we said in the heading of this letter that an addendum applies, the
addendum enclosed is an integral part of this letter.
Because this letter could help us resolve any questions about your exempt
status and foundation status, you should keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are abbwn in the heading of this letter.
w.~ Sincerely yours,
Lois G. Lerner
Director, Exempt Organizations
Rulings and Agreements
Enclosure(s):
Form 812-C
Letter 1045 (DO/CG)
J YOSHIMOTO `"•'.w~ GUY ENRIQUES
BRENDA FORD
Chair & Presiding Officer
KELLY GREENWELL
PETE HOFFMANN DONALD IKEDA
Vice Chair EMILY I. NAEOLE
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
HAWAII COUNTY COUNCIL
County of Hawaii
Hawai'i County Building
25 Aupuni Street
Hilo, Hawaii 96720
March 20, 2009
J Yoshimoto, Chair
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: Resolution No. 78-09 Transferring/Appropriating and Appropriation Out and
From the Designated Fund account and Crediting Same to a Designated Fund Account to
help fund the Boys & Girls Club of the Big Island - Oceanview Unit.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawaii, this written request is submitted with my approval that the above-referenced matter be
waived from the Finance Committee to the full Council for immediate action. In reviewing this
matter, timely approval is crucial. It is therefore advantageous that approval is granted and the
matter be placed onto the next Council agenda for review. However; in the event this request is
denied, for whatever reason, I understand the matter shall be referred to the Finance Committee
for placement on its future agenda.
Sinc ely,
Dominic_Yagong, Chair
Finance' Committee
Approved/Date/Waive to Council: Disapproved/Date/Refer to FC:
J Yoshimoto, Chair J Yoshimoto, Chair
Hawaii County Council Hawaii County Council
Hawaii County Is An Equal Opportunity Provider And Employer