HomeMy WebLinkAboutBIL 128 Draft 02 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 128
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE X,
FINANCIAL PROCEDURES, OF THE HAWAII COUNTY CHARTER (2010
EDITION), BY ADDING A NEW SECTION FOR A PUBLIC ACCESS, OPEN SPACE,
AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article X, Financial Procedures, of the Hawai`i County Charter (2010
Edition), is amended by adding a new section, Public Access, Open Space, and Natural
Resources Preservation Maintenance Fund to reads as follows:
"Section 10- . Public Access, Open Space; and Natural Resources Preservation
Maintenance Fund.
The purpose of the Public Access, Open Space, and Natural Resources Preservation
Maintenance Fund (hereinafter referred to as the "maintenance fund ") is to accrue and use
moneys for maintenance of lands and easements acquired by the Public Access, Open Space, and
Natural Resources Preservation Fund. The maintenance fund will preserve the land, promote
public safety, and maintain a healthy stewardship.
(b) Definitions. For the purpose of this section, the following definitions apply:
"Maintenance" means to preserve and conserve lands and easements acquired by the
public access, open space, and natural resources preservation fund and keep them in good repair
for public safety
"Maintenance fund" means a separate fund that holds moneys: 1) directed from the
general fund and property tax revenues, or 2) designated grants, private contributions, proceeds
from the sale of general obligation bonds, council appropriations, and any other source of
revenue.
(c) There is established a public access, open space, and natural resources preservation
maintenance fund. This special fund shall be administered and managed by the department of
parks and recreation. The financial aspects of this fund shall be handled by the department of
finance.
(d) In adopting each fiscal year's operating budget, the council shall appropriate a minimum
of one - quarter percent of the real property tax revenue (including penalties and interest) to the
maintenance fund. (Exemptions are noted below in section (g)(3) below.
(e) Deposits due to the maintenance fund.
(1) One - quarter per cent of all real property tax revenue (including interest and
penalties) in each fiscal year shall be deposited in the maintenance fund.
Deposits to the maintenance fund shall occur on a quarterly basis at a minimum.
al Additional revenue deposited in the maintenance fund may consist of grants and
private contributions intended for the purpose of this section (d), proceeds from
the sale of general obligation bonds authorized and issued for the purpose of this
section, council appropriations for the purpose of this section, and any other
source of revenue.
(f) Accounting for the maintenance fund; interest bearing accounts, and reporting by the
department of finance.
(1) All moneys in the maintenance fund shall be deposited in interest bearing
accounts until needed. Any interest shall accrue to the maintenance fund.
(2) Moneys in the maintenance fund shall be identified separately for:
(A) Funding received from the real property tax revenue including interest and
penalties;
(B) Funding received from grants and private contributions, and any other
source of revenue, and its interest earned:
i. Shall be itemized and earmarked for specific projects for the lands
or easements.
ii. These funds shall not be subjected to the maximum accrual of
funds limit in (g) below; and
(C) Financial statements shall be posted each month on the Public Access,
Open Space and Natural Resources Preservation Fund web site.
Maximum accrual limit in maintenance fund; exemption to funding.
al Only moneys derived from real property tax revenue, its interest, and its penalties
shall be included in the computation of the maximum accrual limit for the
maintenance fund.
al The maximum accrual limit for unencumbered funds originating from (e)(1)
above shall not exceed $3,000,000.
(3) At the end of any fiscal year in which the maintenance fund holds unencumbered
funds of at least $3,000,000 received from (e)(1) above, any unencumbered
amount in excess of that $3,000,000 shall be permanently transferred to the
general fund balance.
(A) Exemption to funding. If the maintenance fund holds three million dollars
in unencumbered funds from (e)(1) above, then the council and the
executive branch do not need to add more money to the maintenance fund
until the next budget cycle. This exemption shall not release the
administration from its mandatory duty to maintain and preserve lands and
easements acquired by the public access, open space, and natural resources
preservation fund in good repair for public safety each fiscal year.
all Moneys received from grants and private contributions specifically
directed to the maintenance fund shall be held separately from those
moneys in the maintenance fund that originated from property taxes, its
interest, and its penalties and shall not be subjected to the maximum
accrual limit above.
(h) The maintenance fund shall be used solely for public safety maintenance and preservation
of those lands and easements acquired by the public access, open space, and natural resources
preservation fund, and may be used only for expenditures directly related its purpose.
2
Expenditures by the administration or stewardship grants presumed to be directly related are as
follows:
(1) Reparation (fixing, mending, repair work, and servicing);
(2) Preservation (damage control, salvaging, safekeeping, and safeguarding);
(3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands,
watershed, and floodways;
al Restoration (replacement, reclamation, reconditioning, and remediation);
(5j Wildfire and fire prevention;
(6) Repair of existing buildings to meet the current code requirements, if the building
is deemed reasonable to save;
(7) Replacing signs to meet the current code requirements;
(8) Installation, repair, or replacement fencing and gate or access mechanisms;
n Installation or repair of cattle guards;
(10) Mitigation of flooding problems;
(11) Archeological survey and buffering of Native Hawaiian historical or cultural sites
after appropriate consultation with Native Hawaiian descendants and cultural
practitioners; or
(12) Biological studies for the protection of Native Hawaiian species of plants and
animals.
Moneys in the maintenance fund shall not be used for: planning, new construction
(except those identified above) or development of roads, bridges, culverts, ramps, drainage
features, or ADA compliance issues. Payment to resolve these aforementioned issues shall be
from the capital improvement projects budget or allotments derived from the general fund.
(i) Stewardship Grants. Moneys may also be used to provide grants -in -aid for projects,
which uses are reflected in (h) above.
(1) An award of a stewardship grant shall be by council resolution. Stewardship
grants may be awarded only until moneys in the maintenance fund are
extinguished. Grants shall be awarded on the basis of ability of the stewardship
organization to complete the project on time and within cost estimates.
Only 501(c)3 nonprofits or an organization that operates under the umbrella of a
501(c)3 nonprofit, and that can complete a project for the good of the community
shall be considered for these grants.
Public notice by the department of finance of the availability of the stewardship
grants shall be placed in two newspapers of general circulation as well as
electronic media accessible by internet by August 1 of each fiscal year provided
money is available. These advertisements shall be paid for from the maintenance
fund.
(4) To apply for a stewardship grant, a stewardship organization shall provide to the
department of parks and recreation the following:
(A) An application form obtained from department of parks and
recreation which is completed for each specific purpose or project;
3
(B) A detailed business plan for the project that includes the name of
the 501(c)3 nonprofit organization, the organization that operates
under the umbrella of a 501(c)3 nonprofit organization, if any, a
copy of its letter of determination from the Internal Revenue
Service, a copy of its bylaws and mission statement, a description
of the specific project, time frames for project goals, costs, and
activities to accomplish the stated purpose, and any other
information requested by the department of parks and recreation;
A signed agreement to file a written report one year or less after
receipt of funds that includes details as to what has been
accomplished on the project, costs, and how the money was spent;
(D) No officer, board member, or employee of the 501(c)3 nonprofit
organization or the organization that operates under the umbrella
of a 501(c)3 nonprofit organization shall receive a salary or
payment for labor or receive any reimbursement for the
stewardship work on the project. The 501(c)3 nonprofit shall sign
an agreement so stating these conditions and submit it with the
application;
Mismanagement of moneys awarded for a stewardship grant shall
bar the 501(c)3 nonprofit organization and the organization that
operates under the umbrella of a 501(c)3 nonprofit organization
from receiving future grants from the maintenance fund;
(F) The director of the department of parks and recreation shall
provide a short written evaluation of the proposed project to the
council and include a recommendation about the applicant's ability
to complete the project according to the project plan."
SECTION 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser
need not include the underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance, which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawai`i County for approval
in the 2012 general election.
4
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2012 General Election, as
duly certified. Notwithstanding the provisions of subsection (a), proration of the deposits
affected by this legislation shall begin on November 7, 2012.
, Hawai`i
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENC& Comm 436.3
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
5