HomeMy WebLinkAboutCOM 0158.000 1998-2000Stephen K. Yamashiro
Mayor
February 16, 1999
MEMORANDUM
ILounfV of plaivaii
OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
50 Wailuku Drive • Hilo, Hawaii 96720-2484
VfrT (808) 961-8379 • FAX (808) 961-8685
TO: James Y. Arakaki, Chairman
Hawai'i County Council
FROM: Nancy Pisicchio, Chairperson
Hawai'i County Housing Agency
SUBJECT: Resolution for the Hawaii County Council
Housing Preservation Grant Application and Program
The Office of Housing and Community Development (OHCD)
submitted to the Hawai'i County Housing Agency (HCHA) a
resolution authorizing the Mayor to execute and submit the 1999
pre -application and, if approved, all other related document
necessary to process and implement the Housing Preservation Grant
Application and Program.
The HCHA reviewed and approved the resolution at
February 16, 1999. Accordingly, I am requesting
resolution be included on the Council agenda for
March 4, 1999, meeting.
Encl. (on file in Clerk's Office)
RPL 4,�-^i9
0843htlw / 5g
Comm. No. o
File No. H:5(;
Ref. To:, COJ,J UL
Ref. Date FB 17 1999
its meeting of
that the
action at its
qRN
EQUAL HOUSING OPPORTUNITY
'MJ EWAL OPPORTUNITY EMPLOYER'
OMB Approval No 0346 1040
ASSURANCES — NON -CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to your project or program. If you have questions,
please contact the awarding agency. Further, certain Federal awarding agencies may require applicants
to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant I certify that the applicant:
1. Has the legal authority to apply for Federal
assistance, and the institutional, managerial and
financial capability (including funds sufficient to
pay the non -Federal share of project costs) to
ensure proper planning, management and com-
pletion of the project described in this application.
2. Will give the awarding agency, the Comptroller
General of the United States, and if appropriate,
the State, through any authorized representative,
access to and the right to examine all records,
books, papers, or documents related to the award;
and will establish a proper accounting system in
accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees
From using their positi•ins for a purpose that
constitutes or presents the appearance of personal
or organizational conflict of interest, or personal
gain.
4. Will initiate and complete the work within the 7
applicable time frame after receipt of approval of
the awarding agency.
5. Will comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. §§ 4728-4763)
relating to prescribed standards for merit systems
for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of
•OPM's Standards for a :Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not
limited toy (a) Title VI of the Civil Rights Act of
1964 (P.L. 88-352) which prohibits discrimination
on the basis of race, color or national origin-, (b)
Title IX of the Education Amendments of 1972, as
amended (20 U.S C. §§ 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex,
(c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U S.C. § 794), which prohibits dis-
crimination on the basis of handicaps-, (d) the Age
Di-wrinl i nation Act of 1975, as amended (42
� S C ;Y 61i)l h107), which prohibits discrirn
inat.on on the basis of age,
(e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse. ((1
the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of
1970 (P.L 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§ 523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) 'Title
VIII of the Civil Rights Act of 1968 (42 U S C §
3601 et seq.), as amended, relating to non
discrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which
application for Federal assistance is heing made;
and (j) the requirements of any other
nondiscrimination statute(s) which may apply t��
the application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of
persons displaced or whose property is acquired as
a result of Federal or federally assisted program,
These requirements apply to all interests in real
property acquired for project purposes regardless
of Federal participation in purchases
8. Will comply with the provisions of the Hatch Act
(5 U.S C. §§ 1501-1508 and 7324-7328) which limit
the political activities of employees who :e
principal employment activities are funded in
whole or in part with Federal funds
9. Will comply, as applicable, with the provisions of
the Davis -Bacon Act (40 L S C §§ 276a to 27f�a
7), the Copeland Act (40 U S.0 § 2760 and 18
L S.C. §§ 874), and the Contract Werk Hotir� and
Safetv Standards Act (40 U S C Y; 327 :3 H),
regarding, labor standard, for Fed(-, % ,j —tt•d
construction ,ubagreeinent;
Authorized for Local Reproduction
Atf"•
Comm. 14o'r
10. Will comply, if applicable, with flood insurance
purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234)
which requires recipients in a special flood hazard
area to participate in the program andto purchase
flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which
may be prescribed pursuant to the following: (a)
institution of environmental quality control
measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive
Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of
flood hazards in floodplains in accordance with EO
11988; (e)assurance of project consistency with
the approved State management program
developed under the Coastal Zone :Management
Act of 1972 (16 U.S.C. §§ 1451 et seq ); (f)
conformity of Federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the
Clear Air Act of 1955, as amended (42 U.S.C. §
7401 et seq.); (g) protection of underground sources
of drinking water under the Safe Drinking Water
Act of 1974, as amended, (P.L. 93-523); and (h)
protection of endangered species under the
Endangered Species Act of 1973, as amended, (P. L.
93-205).
12. Will comply with the Wild and Scenic Rivers Act
of 1968 (16 U.S.C. §§ 1271 et seq.) related to
protecting components or potential components of
the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring
compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16
U.S.C. 470), EO 11593 (identification and
protection of historic properties), and the
Archaeological and Historic Preservation Act of
1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the
protection of human subjects involved in research,
development, and related activities supported by
this award of assistance.
15. Will comply with the Laboratory Animal Welfare
Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
2131 et seq.) pertaining to the care, handling, and
treatment of warm blooded animals held for
research, teaching, or other activities supported by
this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§ 4801 et seq.) which
prohibits the use of lead based paint in
construction or rehabilitation of residence
structures.
17. Will cause to be performed the required financial
and compliance audits in accordance with the
Single Audit Act of 1984.
18. Will comply with all applicable requirements of all
other Federal laws, executive orders, regulations
and policies governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
Stephen K. Yamashiro
Mayor
APPLICANT ORGANIZATION
DATE SUBMITTED
County of Hawai'i
SF 1218 i4 HN Pd,Y
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities.
The regulations were published as Part IV of the January 30, 1989, Federal Register (pages
4722.4733). Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
(d) have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or
default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
County of Hawaii Rural Housing Preservation Grant
Organization Name PR/Award Number or Project Name
Stephen K. Yamashiro, Mayor
Name and Title of Authorized Representative
Signature
Date
1
Form AD -1047 (2/89)
Form RD 400-1 FORM APPROVED
(Rev. 9-%) UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575-0019
EQUAL OPPORTUNITY AGREEMENT
This agreement, dated between
County of Hawaii
(herein called "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and
regulations of the Secretary of Labor (herein called the 'Secretary') issued under the authority of Executive Order 11246 as amended,
witnesseth:
In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be
made by the USDA to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction
contract financed with such financial assistance exceeds 310,000 — unless exempted by rules, regulations or orders of the Secretary of
Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant
rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the
aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or
national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but
not be limited, to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
USDA setting forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice, to be provided by the USDA, advising the said labor union or workers' representative
of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations
and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules,
regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil
Rights Office of Director, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with
any of the said rules, repulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance
with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract
or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA,
the contractor may request the United States to enter into such litigation to protect the interest of the United States.
Public repornigg harden f+r his collection r f int ormation is estimated to a%crage /0 minutes per response. including the time for rerie,vin,g instructions. searching ev.vmg data sources.
gathering and maintaining the data needed, and completing and re1'teWing the collection f Inf rmanon..Send comments regarding this burden estimate or am' other aspect of this collection
r f lnformaaon, including sa,ggestions for redacting this burden. to Department of Agnnthure, Clearance Officer. OIRM, AG Bar 7630. Washington, D_C. 20250. Please DO NOT RETURN
chit form sash" address. Fnrnnrd m the b„al USDA oyce only You are not required to respond to this roBecarm f infiamanon unless it displays a( urrenriv %whd OMB control number
RD400-1 (Rev. 9-96)
Position 6
2. To be bound by the provisions of the it Opportunity Clause in construction work f rmed by Recipient and paid for in whole or
in part with the aid of such financial assistance.
3. To notify all prospective contractors to file the required `Compliance Statement', Form RD 400-6, with their bids.
4. Form AD -425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt
Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative
action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to
be considered responsible bidders and hence eligible for the award.
5. To assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors with the
provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and fumish to USDA and the Secretary,
Form AD -560, Certification of Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC -257,
as required and such other information as they may require the supervision of such compliance, and to otherwise assist USDA in the
discharge of its primary responsibility for securing compliance.
6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with
a contractor debarred from Government contracts or Federally assisted construction contracts pursuant to Part II, Subpart D, of such
Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity
Clause as may be imposed upon contractors and subcontractors by USDA or the Secretary pursuant to such Subpart D.
7. That the Recipient fails or refuses to comply with these undertakings, USDA may take any and all of the following actions: (a) cancel,
terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program
involved until satisfactory assurance of future compliance has been received from Recipient; and (c) refer the case to the Office of
Federal Contract Compliance Programs, U.S. Department of Labor.
Signed by the Recipient on the date first written above.
County of Hawaii
Recipient
(CORPORATE SEAL)
Attest:
Secretary
Stephen K. Yamashiro
Mayor
Name of Corporate Recipient
LZ
Recipient
President
U.S.0P0: 1996.758.515/20140
FmHA Instruction 1944-N
Exhibit F-1
Guide For Completing Form FmHA 1940-20,
"Request for Environmental Information"
for a Preapplication for Housing Preservation Grant (HPG)
Introduction
The purpose of this guide is to simplify the HPG applicant's task in
completing Form FmHA 1940-20, "Request For Environmental Information."
The guide tailors the use of the form to the needs of the HPG program.
Applicants should first read the questions on the form and then use this
guide in preparing their responses.
Completion of Item lb
Item lb of the form is completed whenever the applicant checks the "No"
block under item la.
Since financial assistance for an HPG has been defined by Farmers Home
Administration (FmHA) as a Class I action, the applicant need only provide
the following information when filing a preapplication. If further
information is required, the applicant will be so advised by the FmHA
office processing the preapplication. The following is a discussion on
how to respond to these six required parts.
1. Primary Beneficiaries
For the purposes of determining the HPG proposal's environmental
impacts, the primary beneficiaries for an HPG will be the residents
of the dwellings to be repaired and/or rehabilitated. Therefore, the
applicant should briefly state the expected number and type of
dwellings that the proposal may assist and, in particular, all repair
and rehabilitation activities that are part of the proposal.
2. Area Description
(a) The applicant does not need to provide any description of the
specific dwellings to be repaired or rehabilitated. Most of these
are probably unknown at the time of preapplication submittal.
Therefore, a more general description should be provided of the
geographical area(s) in which the applicant's HPG program will
operate. The applicant must describe:
(1) The environmentally sensitive land uses within this
geographical area(s) such as floodplains, wetlands, and coastal
areas;
(09-01-93) PN 212
FmHA Instruction 1944-I
Exhibit F-1 ;.
Page 2
(2) The presence within the geographical area(s) of all
environmental conditions such as excessive noise levels, radon
gas, inadequate water supply or sewage treatment, contamination
from toxic, hazardous, or radioactive substances, seismic
conditions, a violation of an ambient air quality standard(s)
resulting from emissions from a major facility, or any other
health/safety hazards known to the applicant; and
(3) The potential for properties to be assisted by the
applicant's program to be located in or impacted by the
conditions described in paragraphs (1) and (2) of this section.
(b) For each box checked "Yes" in item 3, describe the nature of the
effect on the resource. If one or more of boxes 17 thru 22 is
checked "Yes" or "Unknown," contact FmHA for instructions relating to
the requirements for floodplains, wetlands, and the Costal Barrier
Resources System.
(c) In terms of maps and descriptive information, a map showing a
reasonable amount of detail, i.e., all roads, waterways, railroads,
airports, etc., must be provided that clearly delineates the
geographic area(s) to be served by the HPG program. Also, if the
applicant has plans to concentrate HPG funds in a particular area or
on a particular type of housing, associated general locations should
be highlighted on the map.
3. Public Reaction
(a) Describe any objections which have been made to the project.
(b) If a public hearing has been held, attach a copy of the
transcript or other official record of the hearing. If a public
hearing has not been held, certify to that effect.
(c) Indicate any other evidence of the communities awareness of the
project such as newspaper articles or public notification.
4. Mitigation Measures
Applicants will use this part to describe the mitigation measures
that will be considered and/or used should any dwellings to be
assisted be located within the environmentally sensitive or hazardous
areas described by the applicant in response to section 2 of this
exhibit.
FmHA Instruction 1944-N
Exhibit F-1
Page 3
5. Permits
Discuss the status of, and if available, attach any State, sub -State,
or local permits or permitting processes of an environmental nature
that will have to be complied with in the implementation of the HPG
program. There is no FmHA requirement that applicants apply for
permits during the preapplication or application review process.
6. Other Federal Actions
Identify other federal programs or actions which are either related
to this project or located in the same geographical area(s) and for
which you are filing a preapplication, have recently received
approval, or are in the planning stages.
Completion of Item 2
Applicants must complete this item. Applicants must develop their
proposal as it relates to historic preservation in consultation with the
State Historical Preservation Officer (SHPO) and provide the SHPO with a
copy of their statement of activities and be prepared to discuss and
modify it to reflect the historic preservation requirements of the HPG
program. (For further information, please review §1944.673 of this
subpart and the Programmatic Memorandum of Agreement (FmHA Instruction
2000 -FF) provided as part the HPG preapplication package.)
Completion of Item 3
Self-explanatory.
Completion of Item 4
The answer to this question will be known by the applicant since the
applicant would have been formally notified by the U.S. Environmental
Protection Agency if the applicant has been listed or is under
consideration for listing.
.e.
(09-01-93) PN 212
FmHA Instruction 1944-N
Exhibit F-2
Guide: Grantee's Process for Identifying Properties
Requiring FmHA Environmental Assessments
I. Before beginning work on a particular dwelling, we (grantee) agree to
answer the following questions in accordance with the accompanying
guidelines:
A. Floodplains, Wetlands, and Costal Barrier Resources System
(CBRS)
1. Is the dwelling located in a 100 -year floodplain?
The grantee will check the latest Federal Emergency Management
Ag-ncy (FEMA) Floodplain Insurance Rate Maps to determine if
the property is located in a 100 -year floodplain. These maps
are provided by FEMA to each community which has been mapped,
and may be reviewed at lcr_al municipal or county governmental
offices. FEMA maps may be purchased from FEMA's Flood Map
Distribution Center by calling 1-800-333-1363. In addition,
Farmers Home Administration (FmHA) County Offices maintain an
unofficial set of the maps. If a community has not been
mapped, information regarding floodplains may be obtained from
the Soil Conservation Service (SCS), the U.S. Fish and
Wildlife Service, the U.S. Army Corps of Engineers, the U.S.
Geological Survey offices, or regional or State agencies
established for flood prevention purposes.
The grantee will check with the FmHA County Supervisor if a
dwelling appears to be in a questionable location. When
advised to do so by FmHA or one of the above agencies, the
grantee will obtain the services of a registered engineer or
appropriate environmental professional to make the floodplain
determination.
2. Is the dwelling located in a wetland?
The grantee will check with the local SCS office to determine
if the dwelling is located in a wetland protected by Executive
Order 11990, "Protection of Wetlands." When advised to do so
by SCS or FmHA, the grantee will obtain the services of an
appropriate environmental professional to make the wetland
determination.
(09-01-93) PN 2121
FmHA Instruction 1944-N
Exhibit F-2
Page 2
If the dwelling is located in a floodplain or a wetland, the
grantee will do no work on the dwelling until FmHA completes
an environmental assessment. The grantee will abide by the
decisions resulting from the assessment, including mitigation
measures or a decision to reject the dwelling for the Housing
Preservation Grant (HPG) program. The applicant will provide
the FmHA official performing the assessment a copy of the
proposed mitigation measures for properties located in
floodplains or wetlands submitted with Form FmHA 1940-20,
"Request for Environmental Information.".
3. Is the dwelling located in the CBRS?
If the dwelling is located on or adjacent to a coast of the
United States or the Great Lakes, the grantee will check with
the U.S. Fish and Wildlife Service to determine if the
property is part of the CBRS. FmHA County Offices servicing
coastal areas may also have CBRS maps.
If a dwelling is located within the CBRS, the dwelling is
ineligible for the HPG program.
B. Historic and Archaeological Properties
4. Does the dwelling or property have any historic or
archaeological value?
The grantee will develop in consultation with the State
Historic Preservation Officer (SHPO) a process to ensure full
compliance with the spirit and intent of FmHA Instruction
2000 -FF. The process will take into account the national
historic preservation objectives set forth in Attachment 1 of
Exhibit A of FmHA Instruction 2000 -FF, and will encourage the
rehabilitation of historic buildings in a manner that
realistically meets the needs of very low- and low-income
property owners while preserving the historic and
architectural character of such buildings.
The grantee will identify properties that are listed or
eligible for listing on the National Register of Historic
Places. This will be accomplished by evaluating the property
as set forth in Attachment 2 of Exhibit A of FmHA Instruction
2000 -FF.
FmHA Instruction 1944-N
Exhibit F-2
Page 3
At a minimum, the grantee will contact the SHPO and request
comments when any of the following conditions occur:
(a) The dwelling proposed for rehabilitation and/or
repair is older than 50 years;
(b) Regardless of age, the property appears to have
significant historic and/or archaeological features,
including, but not limited to:
(1) The dwelling appears to have unusual
architectural features which are not typically
found in the area;
(2) A graveyard or burial ground of any type is
known to be on the property;
(3) The property contains or is known to have
contained a significant number of artifacts such
as arrowheads, stone tools, etc.;
(4) The property is located in or adjacent to a
currently listed historic district or site.
(c) Any other conditions agreed upon by the grantee and
SHPO under the terms of FmHA Instruction 2000 -FF.
When planning the rehabilitation of a historic property
for a proposed recipient, the grantee will comply with
the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating
Historic Buildings to the extent practicable.
If, after consulting with SHPO, it is determined the
Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings
cannot be reasonably met, or it is determined a historic
property will be adversely affected, the grantee will
furnish all necessary information and initiate formal
consultation to afford the Advisory Council on Historic
Preservation an opportunity to comment. Attachment 3 of
Exhibit A of FmHA Instruction 2000 -FF provides
additional guidance on this subject.
(09-01-93) PN 212
FmHA Instruction 1944-N
Exhibit F-2
Page 4
If at any time during renovation work one of the above
conditions mentioned in paragraphs (a) through (c) of
this section becomes apparent, the grantee will
immediately cease work on the property and contact the
SHPO and FmHA. The grantee will abide by the directions
of the SHPO and FmHA concerning further work on the
property.
C. Other Environmental Considerations
5. Does the property contain any areas where chemicals or
petroleum products are stored, disposed of, or appear to have
been released into the environment?
If the grantee discovers such a condition on the property, the
grantee will not remove or handle any of these materials. The
grantee will immediately consult with the occupants/owners of
the dwelling regarding the situation and will contact FmHA
and, if appropriate, the local Health Department or
environmental regulatory agency for further guidance.
6. Are there adjacent land uses which now or in the future
present a potential detriment to the quality of the
environment of the subject property?
The grantee will do a thorough reconnaissance of the
surrounding area and determine if there are: noise sources
(railroads, airports, industry, heavily traveled highways,
etc.); safety or sanitary problems; air pollution sources; or
severe deficiencies in services such as fire protection, crime
control, etc.
If any of the adverse environmental conditions noted in
paragraphs 5 and 6 of this section are discovered, the grantee
will do no work on the dwelling until FmHA has been consulted.
The grantee will abide by the decisions resulting from the
consultation and/or assessment, including mitigation measures
or a decision to reject the dwelling for the HPG program.
FmHA Instruction 1944-N
Exhibit F-2
Page 5
II. We (the grantee) will answer each of these questions on each property
considered for inclusion in the HPG program, and will document the
recipient file with our findings. If none of the questions are answered
"Yes," we will document such in the recipient file and will proceed with
the repair/rehabilitation of the property as planned. We will monitor the
work being done to insure that all construction wastes are properly
disposed of. We will fully cooperate with and assist FmHA in the
preparation of any necessary environmental reviews on the property.
SUBMITTED BY:
COUNTY OF HAWAII MAYOR
Grantee Title
Signature Date
rol-I
(09-01-93) PN 212
USDA-FmHA
Form FmHA 1940-20
(Rev. 1-92)
Position i
REQUL_ . FOR ENVIRONMENTAL INFO._..IATION
FORM APPROVED
OMB NO. 0575-0094
Location
Item Ia. Has a Federal, State, or Local Environmental Impact Statement or Analysis been prepared for this project?
❑ Yes ® No ❑ Copy attached as EXHIBIT I -A.
Ib. If "No," provide the information requested in Instructions as EXHIBIT I.
Item 2. The State Historic Preservation Officer (SHOP) has been provided a detailed project description and has been requested to submit
comments to the appropriate FmHA Office. ® Yes ❑ No Date description submitted to SHPO
Item 3. Are any of the following land uses or environmental resources either to be affected by the proposal or located within or adjacent to the
project site(s)? (Check appropriate box for every item of the following checklist).
Signed:
(Date) County of Hawaii i(Applicant)
Stephen K. Yamashiro, Mayor
(Title)
Public reporting burden for this collection of information L estimated to average 10 to 40 boon per response, including the time for motewing in-
structions, searching existing data sources, gatheringQ and maintaining the data needed, and completing and reviewing the collection of information. Send
comments retarding this burden estimate or any abler aspect of this collection of information, mcludinQ suggestions for reducing this burden, to Depart.
ment of Agriculture Clearance Officer, OIRM, Room 404-W Washington, D.C. 20250; and to the Office o/ Management and Budget, Paperwork Re
duction Project (011tH No. 0575-0094). Washington, D.C.20903. Please DO NOT RETURN this form to either of these addresses. Forward to PmHA
only.
Yes
No
Unknown
Yes
No
Unknown
I.
Industrial .............................................
❑
❑
2
18.
Beaches........................................................... ❑
❑
2.
Commercial .........................................
❑
❑
2
19.
Dunes.............................................................. ❑
❑
3.
Residential ...........................................
❑
❑
IX
20.
Estuary ............................................................ ❑
®
❑
4.
Agricultural .........................................
❑
❑
IS
21.
Wetlands......................................................... ❑
®
❑
5.
Grazing .................................................
❑
2
❑
22.
Floodplain...................................................... ❑
®
❑
6.
Mining. Quarrying .............................
❑
Cd
❑
23.
Wilderness..................................................... ❑
®
❑
/designated or proposed under the Wilderness
7.
Forests ..................................................
❑
❑
3
Act)
24.
Wild or Scenic River .................................... ❑
2
❑
8.
Recreational ........................................
❑
❑
(
(proposed or designated under the Wild and
Scenic Rivers A(t)
9.
Transportation ....................................
❑
❑
25.
Historical, Archeological Sires .................. ❑
❑
�
(Listed on the National Register of Historic
10.
Parks .....................................................
❑
1-1
2
Places or which may be eligible for listing)
IL
Hospitals ............. ................................
❑
❑
2
26.
Critical Habitats ................................... ❑
IN
❑
(endangeredllhreatened species)
12.
Schools .................................................
❑
❑
®
27.
Wildlife........................................................... ❑
2
❑
13.
Open spaces ........................................
❑
❑
®
28.
Air Quality ..................................................... ❑
12
❑
14.
Aquifer Recharge Area .....................
❑
❑
29.
Solid Waste Management ............................ ❑
❑
30.
Energy Supplies ............................................ 13
15.
Steep Slopes ........................................
11
❑
31.
Natural Landmark ......................................... ❑
2
❑
16.
Wildlife Refuge ..................................
❑
'
❑
(Listed on National Registry of Natural
Landmarks)
17.
Shoreline ..............................................
❑
2
❑
32.
Coastal Barrier Resources System ............. ❑
IN
❑
Item 4. Are any facilities under your ownership, lease,
or supervision to be utilized in the accomplishement of this project, either listed
or
under consideration for listing
on the Environmental
Protection
Agency's List of Violating Facilities? ❑ Yes 2
No
Signed:
(Date) County of Hawaii i(Applicant)
Stephen K. Yamashiro, Mayor
(Title)
Public reporting burden for this collection of information L estimated to average 10 to 40 boon per response, including the time for motewing in-
structions, searching existing data sources, gatheringQ and maintaining the data needed, and completing and reviewing the collection of information. Send
comments retarding this burden estimate or any abler aspect of this collection of information, mcludinQ suggestions for reducing this burden, to Depart.
ment of Agriculture Clearance Officer, OIRM, Room 404-W Washington, D.C. 20250; and to the Office o/ Management and Budget, Paperwork Re
duction Project (011tH No. 0575-0094). Washington, D.C.20903. Please DO NOT RETURN this form to either of these addresses. Forward to PmHA
only.
Position 3
USDA FORM APPROVED
Form RD 400-4 ASSURANCE AGREEMENT OMB No. 0575-0018
(Rev. 3-97) (Under Title VI, Civil Rights Act of 1964)
County of Hawaii
(name of recipient)
25 Aupuni Street, Hilo, Hawaii 96720
("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to
comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Pan 15, and Rural Housing Service, Rural
Business -Cooperative Service, Rural Utilities Service, or the Farm Service Agency, (hereafter known as the "Agency") regulations
promulgated thereunder, 7 C.F.R. § 1901.202. In accordance with that Act and the regulations referred to above, Recipient agrees that
in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7
C.F.R. § 14.2) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination.
1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of
contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may
determine to be necessary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Agency or the U.S. Department of Agriculture during normal business
hours to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such
compliance.
(c) Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions
of this agreement and the regulations, and in such manner as the Agency or the U.S. Department of Agriculture finds necessary
to inform such persons of the protection assured them against discrimination.
3. The obligations of this agreement shall continue:
(a) As to any real property, including any structure, acquired or improved with the aid of the Federal financial assistance, so
long as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which
affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever is
longer.
(h) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as Recipient
retains ownership or possession of the property.
(c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made.
4. Upon any breach or violation this agreement the Government may, at its option:
(a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or
activity.
(b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United
States or the State in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
In witness whereof, County of Hawai' i
(name of recipient)
on this
date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has
hereunto executed this agreement.
(SEAL)
Attest:
Title
Stephen K. Yamashiro
Recipient
Date
Mayor _
Title
A, r mdmg , the Paperwork Reda, non An o/ 1995, no per,aun% are required ro rerpund m a rullrennn of aiformanan unle,:+ ,t d(vplap.v a valid OMB cuntrol number The valid OMB
mvol nahe, /,,,h
r ,,, ,I/oeaao
r,n , ,0emm00
� u' 0570./8 m
The ne required it, c ,mplere dies, inlormatiun is .,%.: marred to average 15 minute ,% per response. Including the time far
mwaWin, tru, roma, ,ear, h,ng e,,,t,a, damn r, ,, gath,rm, and mainlmnmg the data needed and eomplering and reviewing the collecnan nJ indormruion
U.5 GPO1997 556356120195
OMB APPROVAL NO.
9000-0101
U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS
This certification is required by the regulations implementing Sections 5151.5160 of the Drug -
Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.L. 701 at seq.), 7 CFR
Part 3017, Subpart F, Section 3017.600, Purpose. The regulations were published as Part II of
the January 31, 1989 Federal Register (pages 4947-4952). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency offering the grant.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
Alternative I
(A) The grantee certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing a drug-free awareness program to inform employees about --
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will --
(1) Abide by the terms of the statement; and
Form AD -1049 (2/89)
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph
(d)(2), with respect to any employee who is so convicted --
(1) Taking appropriate personnel action against such an employee, up to and including
termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The grantee shall insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant.
Piece of Performance (Street address, city, county, State, zip code)
County of Hawaii Rural Housing Preservation Grant
Organization Name PR/Award Number or Project Name
Stephen K Yamashiro Mayor --_—
Name and Title of Authorized Representative
Signature Date
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the grantee is providing the certification set out on
pages 1 and 2.
2. The certification set out on pages 1 and 2 is a material representation of fact upon which
reliance was placed when the agency determined to award the grant. If it is later determined that
the grantee knowingly rendered a false certification, or otherwise violates the requirements of
the Drug -Free Workplace Act, the agency, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug -Free Workplace Act.
2
I,I reo+ 1999 11a 1116/811111
Form AD -1049 (2/89)
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower 'Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017510, Participants' responsibilities. The regulations were published
as Part IV of the January 30, 1989, Federal Register (pages 47224733). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency with which this transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
County of Hawai'i Rural Housing Preservation Grant
Organization Name PR/Award Number or Project Name
Stephen K. Yamashiro, Mayor
Name(s) and Titk(s) of Authorized Repmmulatize(s)
signatum(s) Date
Form AD -1048 (1/92)
HOUSING PRESERVATION GRANT
Statement of Activities
Rural Development
(RD)
1999 GRANT
County of Hawai'i
Office of Housing
and Community Development
50 Wailuku Drive
Hilo, Hawai'i 96720
HOUSING PRESERVATION GRANT
(HPG)
1. STATEMENT OF ACTIVITIES
of and conditions for financial assistance for the
Preservation Gr<
The County Office of Housing and Community Development
(OHCD) proposes to use the HPG funds to implement and
administer a zero percent (0%) interest and deferred
payment loan program to very low-income households in
rural areas throughout the County. Each loan shall not
be more than $15,000. HPG funds will be used to remove
or correct health and safety problems and to make
repairs that contribute to improved living conditions,
including improved accessibility for handicapped
persons.
In order to qualify for the program, applicants may not
have income exceeding the very low income levels
established by HUD (see Exhibit A), must have occupied
the dwelling to be rehabilitated for at least one year
prior to and be the intended occupants of the dwelling
after the assistance and must have sufficient equity in
the property to cover the amount of the loan. In
addition, the dwelling must be located in a rural area,
as defined by Rural Development (RD)(fka Farmers Home
Administration)(see Exhibit B), and be in need of
repair or enlarging to relieve overcrowding or to
address accessibility for the handicapped.
Outreach, preapplication screening, inspections,
qualifying applicants, evaluating bids, executing legal
documents, monitoring and inspecting work performed and
writing reports to RD, drawing down funds, keeping
accounts and submitting quarterly reports will be
performed by a private entity. Privately contracted
building inspectors may perform construction progress
inspections. County Building Division of Public Works
Department may perform Final Inspections if necessary.
To leverage HPG funds, County funds and program income
will be made available to eligible participants. In
addition, loans may be used in conjunction with other
loan programs or with private funds. Community
Development Block Grant funds may be made available to
the program. The loan will be secured by a second
Statement of Activities — 2 — OHCD/7257c/1-19-99
mortgage on the property, which will be due and payable
upon transfer of title, sale, foreclosure or
Condemnation.
C. Identifying environmental impacts.
An RD environmental review will be conducted if units
to be rehabilitated are located in a floodplain or
wetland or the proposed work is not agreed to by the
Advisory Council on Historic Preservation under the
requirements of Section 1944.673. Whenever major
repairs are requested on structures more than 50 years
old, the OHCD is required to seek an evaluation for
historical significance with the State Historic
Preservation Division of the Department of Land and
Natural Resources.
d. Development standards used for the housing preservation
work.
The Uniform Building Code (UBC), as amended, and the
Housing Quality Standards, utilized by HUD's Section 8
program, will be the primary determinants of eligible
repairs. Repairs that improve general living
conditions but do not contribute to the health and
safety of occupants may not exceed 20 percent (20%) of
the total loan.
e. Time schedule for completing the program.
The OHCD anticipates the program can be completed
within one year from the date the grant agreement is
executed. Presently there is a wait list for the 1999
grant funds. There has been a steady stream of
applicants during the past nine months and program
applicants have had much less of a problem with
obtaining contractors interested in small jobs than was
the case in the past. A slowdown in construction in
the County has made small projects like HPG more
attractive to contractors. Moreover, 14 different
contractors now have had experience with HPG projects.
f. Staffing required to complete the program.
OHCD which has over 9 years experience with the HPG
program will continue with the administration and
implementation of the HPG program. The OHCD will be
contracting with a private entity to provide the
outreach, preapplication screening, monitoring and
inspections for the County's 1999 HPG program year.
The private entity will continue these functions as
well as qualify applicants, assist applicants to
evaluate bids, draw up and coordinate the execution of
contracts and legal documents for HPG and write reports
to RD. OHCD will draw down funds and keep track of
Statement of Activities — 3 — OHCD/7257c/1-14-99
9.
f1
E
j
k
1
m
accounts.
number of very low-income min
o be assisted with HPG funds.
rr.�
It is estimated this grant will be capable of assisting
four to five very low-income households, of which more
than half will be of minority status. Based upon a
family size of four this would amount to assistance for
16 to 20 persons, more than half of whom will most
likely be of minority status.
Geographical areas to be served by the HPG Program.
The program will take place in all eligible areas of
the County of Hawaii, which includes the entire island
except for the Hilo town area. (See Exhibit B)
Annual estimated budget.
The annual estimated budget is $70,319.00. (See
Exhibit C)
Description of the accounting system.
The OHCD will use the accrual system of accounting in
accordance with generally accepted accounting
procedures and practices.
e
thod of evaluation to
fectiveness of the pr
used to
The OHCD will complete a closing summary of the
expenditure of funds and program activities at the
termination of the grant agreement, which may be used
to compare goals with actual outcomes.
Sources and estimated amounts
resources to be obtained and
es.
financial
for
$4,029.00 of County funds and $26,000.00 of program
income funds are also available for the implementation
of this program. In addition, HPG loans may also be
used in conjunction with private funds or other loan
programs. Community Development Block Grant funding
may also be available.
Use of program income.
Program income received during the grant period is used
in accordance with the requirements of the HPG program.
No RD funds is allocated for administrative costs.
Administration cost will be paid entirely by program
income. All RD funds, $4,029.00 of County funds and
Statement of Activities — 4 — OHCD/7257c/1-14-99
n
0
IN
$16,000 of program income will be used for
construction. When a HPG loan is paid off, the OHCD
will release the Mortgage, certify the Promissory Note
as "Paid Off" and deposits the funds into the HPG
account. Program income is tracked separately from
current grant period funding. These funds are drawn
whenever enough funds have accumulated to take care of
the qualified applicant next in line for a loan. Final
report on a specific grant period is not held up by
these revolving funds.
Plan for disposition of any security instruments held
by the applicant as a result of its HPG activities in
even
US.
The OHCD will turn over the proportionate share of the
security instruments loaned with the RD funds to the RD
or another eligible entity to use for the same housing
rehabilitation purposes, as necessary.
Any other information to explain the proposed HPG
program.
N/A
Outreach efforts outlined in 1944.671 (b).
In addition to the broad base of very low-income
population reached, the County will contact community
organizations and publicize the program through local
newspapers and radio. Application forms will include
the nondiscrimination slogan.
Complete
capacity
program.
ut
's experience a
The OHCD have over 9 years experience with the
administration and implementation of the HPG program in the
County of•Hawai'i. In addition, OHCD has provided other low
and very low-income housing programs in the County since
1977 and has been implementing self-help housing programs
since 1990.
Applicant's legal existence - See extract from the Hawai'i
County Code, Exhibit E.
Audited statement for a private non-profit entity.
N/A
Statement of Activities — 5 — OHCD/7257c/1-14-99
5
Narrative statement about the area to be served and the need
for improved housing, including percentaae and actual numhpr
e of nousing preser
e anticipated use o
ties, the method of
n determining the e
tion
At the time of the 1990 Census Hawai'i County had: the
lowest per capita income (Hawai'i County: $14,969 versus
State: $18,379) and the highest rate of families below
poverty level (Hawai'i County: 10.9% versus State: 6%) of
the four counties; 22% of the State's food stamp recipients,
although only 11% of the State population: twice the State
rate of people on welfare assistance. The poorest and most
rural of all four Counties in the State of Hawai'i is
experiencing further economic distress because of the loss
of over 1,000 jobs County -wide with the demise of the sugar
industry. Job loss is further exacerbating families'
ability to cope with home maintenance and repairs.
Hawai'i County's economically disadvantaged are living in
old dilapidated/crowded housing or new, but woefully
incomplete structures.
The 1990 Census shows 10.8% of the housing in Hawai'i County
was built before 1939 versus 6.7% in the State. Most of the
old houses are concentrated in Hamakua where the closing of
2 sugar plantations has meant the loss of over 600 jobs.
3.6% of housing in Hawai'i County lacks complete plumbing
facilities and 3.4% lacks complete kitchen facilities.
These are double the State rates. Most of the incomplete
structures are in the Puna district, which attracts the poor
from throughout the State and elsewhere with its low land
prices.
According to 1990 Census 54.9% of Hawai'i County is made up
of minorities. HPG assistance has always served a
percentage of minorities larger than this.
Very high rainfall and insect damage are the most common
causes of residential deterioration in the county. If the
roof is not repaired, very highly acidic rainfall due to
ongoing volcanic eruptions beginning in 1983, rapidly causes
more serious and expensive damage to the structure. The
former Hamakua Sugar plantation houses are in need of
substantial attention to preserve over 400 units occupied by
low and very low-income families. The 1990 Census reported
848 homes in Puna lacked complete plumbing; 659 lacked
complete kitchen facilities. In West Hawai'i high housing
cost continues to force the least able to live in
dilapidated and overcrowded conditions.
Statement of Activities — 6 — OHCD/7257c/1-14-99
While Hawai'i County is the poorest and most rural part of
the State, it is also the County with the highest rate of
home ownership, which makes it well-suited for the HPG
program. 61.1% County -wide are homeowners; nearly 72% of
housing units in Puna are owner -occupied. Home ownership
has jumped dramatically in the Hamakua district when title
to over 400 former Hamakua Sugar Company residences was
turned over to former employees and pensioners.
The State Historic Preservation Office of the Department of
Land and Natural Resources will be consulted to identify
units that may have historic significance. For any structure
constructed in 1949 or before SHPO will be provided date of
construction, photos, Tax Map Key number and a description
of the proposed repairs. SHPO and the County will jointly
evaluate buildings which are eligible and assess the degree
to which the Secretary of the Interior's standards will
apply. For Hamakua and all instances of rehabilitation of
older homes historic preservation rules will be interpreted
reasonably and realistically so as not to burden the low -
and very low-income homeowner with excessive costs.
The lead paint hazard and the possibility of finding
asbestos in Hamakua plantation houses is reason for caution,
but not delay, in the provision of housing assistance in
this district. The State Department of Health and
Occupational Safety and Health, County Housing and Building
Division of the Department of Public Works will be consulted
as appropriate and contractors will be informed about these
houses and any other projects that may have these
environmental hazards.
Quarterly performance reports will provide RD with an
evaluation of program effectiveness. Reports will include
what funds were used for administration and what for
preservation activity; name, address and income of
homeowners assisted; total cost, list of repairs and what
amount was financed by other sources; results of
environmental review and historic preservation review
processes as required a comparison of actual accomplishments
versus objectives for the period, including the number of
very -low income, minority and nonminority persons assisted
with HPG and the average cost of assistance provided to each
household; of objectives were not met, an explanation of why
and what step(s) will be taken to ameliorate situation;
objectives for the next reporting period and a certification
that final building inspection reports for each HPG assisted
dwelling are on file.
6. Component for alleviating overcrowding.
The following standards will guide the determination of an
overcrowded situation. Following Section 8/HQS standards,
this will be interpreted generally to mean no more than 2
persons per bedroom except when the 2 are children of the
statement of Activities — 7 — OHCD/7257c/1-14-99
7.
opposite sex and at least one of them is an adolescent.
Number of bedrooms
0
1
2
3
4
5
Other activities the
Ideal number of persons
licant is
iicant will nave surricie
ration of the other activ
the HPG grant agreement.
2
2
4
6
8
10
in
o assure
at least
F-4
Caa
As the local government for the Island of Hawaii, the
County of Hawaii is empowered to carry out all activities
as described in the County Charter. The OHCD is responsible
for operation of the Section 8 Housing Assistance Payments,
the Community Development Block Grant programs and a
rehabilitation housing loan program for low and very low-
income families. These federal programs and the County
budget for the coming year assure the continued operation of
the OHCD during the period of the HPG agreement.
8. Other information that specifically addresses the selection
1) The applicant's proposal expects to result in 100% of
HPG funds used for unit preservation of very low-income
families.
2) No 1999 HPG grant funds will be used for administration
cost. $10,000 of program income will be used for
administration cost. $4,029 of County funds and
$16,000 of program income will also be available for
unit preservation.
3) The OHCD have over 9 years' experience successfully
managing and operating the HPG program and other
assistance programs to assist low and very low-income
persons.
4) There are no unresolved audit or investigative findings
which might impair either organization with carrying
out the HPG program.
5) The proposed program will take place entirely within
rural areas.
6) The proposed program contains a component for
alleviating overcrowding as defined in 1944.656. See
#6 previous page.
Statement of Activities — 8 — OHCD/7257c/1-14-99
EXHIBIT A
1999 RURAL HOUSING PRESERVATION GRANT PROGRAM
INCOME LIMITS
COUNTY OF HAWAI'I
FISCAL YEAR 1998
VERY LOW-INCOME
1 PERSON $17,550
2 PERSON $20,100
3 PERSON $22,600
4 PERSON $25,100
5 PERSON $27,100
6 PERSON $29,100
7 PERSON $31,100
8 PERSON 33,150
Statement of Activities — 9 — OHCD/7257c/1-14-99
EXHIBIT C
1999 RURAL HOUSING PRESERVATION GRANT PROGRAM
PROPOSED ONE YEAR BUDGET
RD
COUNTY
PROGRAM
TOTAL
INCOME
REHAB $40,290
$4,029
$16,000
$60,319
ADMIN -0-
-0-
$10,000
$10,000
TOTAL $40,290
$4,029
$26,000
$70,319
THE HAWAII COUNTY CODE
1983
(Revised and Republished 1995)
�TE•OF 1{P'R
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAII
STATE OF HAWAII
EXHIBIT D
§ 2-5 HAWAII COUNTY CODE
Section 2-5. Inspections; charges for overtime.
(a) When an applicant requests that an inspection be made, other than during normal working hours n
a Saturday, Sunday, or legal holiday, the applicant shall bear the cost of such inspection shall pay
the cost to the County, prior to receiving final approval of the project. Mone realized shall be
credited to the proper accounts of the respective agencies to cover the cost ch overtime inspections.
Such moneys are hereby appropriated and shall be expended for ' non costs without further action
of the council.
(b) As used in this section:
(1) "Applicant" means any person reque , inspectional services from the County.
(2) "Cost" means the amount to arged by the County for overtime inspection at the per hour rate,
including overhead sttative charges, to be established by the chief engineer of the
EFFU
c works, commensurate with the changes in salary and applicable fringe benefits
expenses.
(c) include all inspections provided for by law.
C.C., c. 2, art. 10, sec. 9; Am. 1978, Ord. No. 368, sec. 1.)
Article 2. Executive Branch.
Section 2-6. Office of the mayor.
The office of the mayor shall be composed of the mayor, the managing director, and the safety coordi-
nator.
(1975 C.C., c. 2, art. 1, sec. 2.)
Section 2-7. Organization of executive branch.
(a) The executive branch of the County is organized into the following agencies:
(1) Departments and heads under direct supervision of the mayor.
DEPARnIENT DEPARTMENT HEAD
(A) Corporation counsel ................................... Corporation counsel
(B) Department of finance .................................. Director of finance
(C) Planning department .................................... Planning director
(D) Department of research and development .................... Director of research
and development
(2) Departments and heads under direct supervision of the managing director.
DEPARTWNT DEPARTMENT HEAD
(A) Department of public works ................................. Chief engineer
(B) Department of parks and recreation .................. Parks and recreation director
(C) County band .............................................. Bandmaster
(D) Fire department .............................................. Fire chief
(3) Departments and administrative heads under commissions and administrative supervision of the
mayor:
DEPARTMENT A.DNLNISTRATIVE HEAD
(A) Department of personnel service Director of personnel services
(B) Police department ........................................ Chief of police
(C) Department of liquor control Director, department
of liquor control
(D) Department of water supply ..................................... Manager
2-8
ADM NISTRATION
§ 2-7
-_� (E) Department of housing and
community development Housing administrator
(4) Agencies and administrative heads under administrative supervision of the mayor unless expressly
excepted therefrom:
AGENCY ADMINISTRATIVE HEAD
(A) Civil defense .................................. Civil defense administrator
(B) Office on aging ................................. County executive on aging
(C) Hawaii redevelopment agency .................................... Manager
(1975 C.C., c. 2, art. 1, sec. 3; Am. 1989, Ord. No. 89-48, sec. 1.)
Section 2-8. Order of succession to office of mayor.
In the event of civil, military or natural disaster, during the temporary absence or disability of the mayor,
the managing director shall act as mayor. If the office of managing director is vacant, or during such periods
as the managing director is unable to so act, the director of finance shall then act as mayor. If the office of
director of finance is vacant, or during such periods as the director of finance is unable to so act, then the
planning director, director of research and development, director of personnel services and director, department
of liquor control, shall succeed to the office of mayor in the order specified herein.
(1975 C.C., c. 2, art. 1, sec. 4.)
Article 3. Office of the Corporation Counsel.
Section 2-9. Settlement of claims.
The corporation counsel shall have the power to adjust, settle, compromise, or submit to ation any
action, causes of action, accounts, debts, claims, demands, disputes, and matters in favor or against the
County, or in which the County is concerned as debtor or creditor, now existing or whic y hereafter arise,
not involving or requiring payment in excess of $1,500, provided the money to settle generally has been
appropriated and is available; and provided further that a quarterly report of all s ements shall be filed with
the council.
(1975 C.C., c. 2, art. 2, sec. 1.01; Am. 1975, Ord. No. 87, sec. 1.)
Section 2-10. Settlement of land acquisitions.
The corporation counsel shall have the power to adjus ompromise, settle, or submit to arbitration, any
land acquisition requests referred to him by other Co agencies or eminent domain actions, causes of
eminent domain actions in favor of or against the C ty, or in which the County is concerned as purchaser,
seller, condemnor, or condemnee, now pendin or which may hereafter arise, not involving or requiring
payment in excess of $2,500, provided the ney to settle any matter generally has been appropriated and is
available; and provided further that a erly report of all settlements shall be filed with the council.
(1975 C.C., c. 2, art. 2, sec. 1.02; 1975, Ord. No. 87, sec. 1.)
3A. Office of the Prosecuting Attorney.
Section 2-10A. A ointment of personnel.
There shal e an office of the prosecuting attorney as provided by Charter. The prosecuting attorney may
appoint dep prosecuting attorneys and necessary staff, including investigators. The investigators shall have
all of apowers and privileges of a police officer for the County of Hawaii. The office of the prosecuting
ano ey shall adopt policies and standards for training and use of these powers consistent and in conformance
with those adopted by the Hawaii County police department. All investigations relating to the discharge of
2-9
ADNUYLSTRATION § 2-65
=a.
fact, or that the director had acted in an arbitrary or capricious manner, or had
- tion. ,•
Article 13. County Housing agency.
Section 2-66. Created; scope of authority.
An agency to be known as the Hawaii County housing agency is created to provide adequate housing
in the County as it deems necessary. The agency shall consist of all of the members of the council. When the
council acts as the Hawaii County housing agency, its role is limited to public housing policy formulation and
is not charged with the dudes of administering housing programs.
(1975, Ord. No. 124, sec. 1.)
Section 2-67. Purpose.
The purpose of the agency is to make housing available in those areas of the County where the agency
finds that adequate housing accommodations aro not available. In addition, the agency shall carry out the
purposes and powers given to the County by virtue of chapter 46, Hawaii Revised Statutes.
(1975, Ord. No. 124, sec. 1.)
Section 2-68. Powers.
The County housing agency shall have the following powers subject to applicable limitations of State
law:
(a) Authorize and issue bonds under chapters 47 and 49, HRS, to provide moneys to carry out the purposes
of this article including the satisfaction of any guarantees made by the County pursuant to this article;
(b) Appropriate moneys out of the County to carry out the purposes of this article;
(c) Obtain loans, insurance and guarantees from the State or the United States, or subsidies from either,
(d) Acquire necessary land by dedication, lease, purchase, exchange, or eminent domain;
(e) Other powers as provided by section 46-15.1, HRS.
(1975, Ord. No. 124, sec. 1.)
Section 2-69. Housing administrator created.
There shall be a housing administrator who shall be appointed by the mayor and may be removed by
the mayor.
(1975, Ord. No. 124, sec. 1.)
Section 2-70. Powers of administrator.
In order to carry out the powers in section 2-68, the housing administrator may:
(a) Develop and construct dwelling units, alone or in partnership with developers;
(b) 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 persons dis-
placed by any governmental action, by making long-term mortgage or interim construction loans
available;
(c) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of
low income;
(d) Enter into agreements with appropriate officials of any agency or instrumentality of the United States
in order to induce such official to make, insure or guarantee mortgage loans under the provisions of the
National Housing Act, as amended, with the approval of the County housing agency;
2-21
§ 2-70 HAWAII COUNTY CODE
(e) Make a direct loan to any qualified buyer for the down payment required by a private lender to be made
by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential
property;
(f) Sell or lease completed dwelling units;
(g) Assist in the leasing of private and public dwellings;
(h) Acquire and utilize public and private lands for the purposes of this section;
(i) Provide interim construction loans to partnerships of which it is a parmer and to developers whose
projects qualify for federally assisted project mortgage insurance, or other similar programs of Federal
assistance for persons of low income;
(j) Apply for and utilize Federal and State rental payment assistance funds;
(k) Provide County funds for rental payment assistance for private and public dwellings;
(1) Adopt such rules pursuant to chapter 91, HRS, as are necessary to carry out the purposes of this article.
(1975, Ord. No. 124, sec. 1.)
Section 2-71. Duties of administrator.
(a) The housing administrator shall have direct responsibility for the administration and operation of the
County housing programs and shall be under the direct supervision and control of the mayor. The hous-
ing administrator shall have the authority and responsibility to staff the agency with necessary personnel
to carry out the purposes of the agency. It shall be the duty of the housing administrator to coordinate
operations and programs of the County housing agency with the applicable housing plans and programs
of the Stare and Federal governments.
(b) All programs and contracts with the Federal government to carry out the purposes of the County housing
agency shall be prepared by the housing administrator and transmitted to the council for approval.
11975, Ord. No. 124, sec. 1.)
Section 2-72. Federal funds.
If, in exercising any of its powers, the agency acquires funds from the Federal government, a separate
account for such funds shall be established and no commingling of such funds with other funds shall take
place.
(1975, Ord. No. 124, sec 1.)
Section 2-73. Signing of contracts.
All instruments and documents relating to the housing programs of the County housing agency shall be
signed by the mayor as authorized by the Charter and the council. Any and all contracts with the United States
Department of Housing and Urban Development shall be submitted to the agency for its approval and any such
contract shall be executed by the mayor as authorized by the Charter and the council.
(1975, Ord. No. 124, sec. 1.)
Section 2-74. Revolving fund created.
There is established a special revolving fund entitled the County housing program revolving fund to be
maintained by the director of finance.
(1975, Ord. No. 125, sec. 2.)
Section 2-75. Use of revolving fund.
The revolving fund shall be utilized to pay for items such as: (a) contractual services, housing surveys,
travel, supplies and materials, and other front-end costs related to the development of housing, and (b) to exer-
cise the buy-back option running in favor of the County contained in any conveyance document and to pay
the costs of maintaining, repairing, renting, or reselling units purchased by the County pursuant thereto. Any
2-22
ADMINISTRATION § 2-75
interest earned by the fund and any advanced costs that are recovered from housing project funds shall be
returned to the revolving fund.
(1975, Ord. No. 125, sec. 3; Am. 1993, Ord. No. 93-33, sec. 1.)
Section 2-75.1 Housing special funds.
(a) There are created and established housing special funds to be known as the:
(1) Kulaimano Elderly Rental Housing Special Fund.
(2) Ouli Ekahi Rental Housing Special Fund.
(b) All income generated from each rental housing project shall be deposited into its respective housing
special fund to be expended by the Housing Administrator solely for the operation, maintenance and
improvement of that particular rental housing project.
(c) The Housing Administrator shall be responsible for the administration of all housing special funds in
accordance with prescribed laws and procedures applicable to the expenditure of county funds.
(1995, Ord. No. 95-149, sec. 1.)
Article 14. Blass Transportation Agency.
Section 2-76. Creation.
For the purpose of providing mass transportation service in the County whether directly, jointly, o nder
contract with private parties, an agency to be known as the mass transportation agency is created ' order to
implement chapter 51 of the Hawaii Revised Statutes.
(1975, Ord. No. 153, sec. 1.)
Section 2-77. Transportation coordinator created.
There shall be a transportation coordinator who shall be appointed by theyor and removed by the
mayor. The position of transportation coordinator shall be exempt from the c' tl service laws.
(1975, Ord. No. 153, sec. 1.)
Section 2-78. Duties of transportation coordinator.
The transportation coordinator shall have direct responsi ' ty for the administration and operation of
County mass transportation service, whether such service is ovided directly, jointly, or under contract with
private parties. The transportation coordinator shall be u er the direct supervision and control of the mayor
and shall have the authority to staff the agency wit ecessary personnel to carry out the purposes of the
agency.
(1975, Ord. No. 153, sec. 1.)
15. Code of Ethics.
Section 2-79. Purpose.
(a) The purposes of this le are to:
(1) Prescribe start ds of conduct for the guidance of County officers and employees;
(2) Prohibit ce in conduct involving County officers and employees; and
(3)Set fort the procedure for the interpretation of ethics problerns of County officers and employees.
(1975 C.C., c. , art. 8, sec. 1.)
W. Interpretation of article.
article shall be liberally construed to promote iugh standards of ethical conduct in County
9.15.96
2-23
DEPARTMCNT OF REGULATORY AGCNCIES
STAT: OF HAWAII
In the Matter eF the Petition
For Charter
of
HAWAII COUNTY CCONOMIC OPPORTUNITY CCUNCIL )
CHARTER OF INCORPORATION
HAWAII COUNTY ECCNCMIC OPPORTUNITY COUNCIL
YOSH17: TANAY.A
COUNr'f ArTCn>I[Y
coLNr•r I rW,;II
CC'-INTY 9UIL31'1C, HILL, HA,4AII
ATTC;Z'(EY
EXHIBIT D-1
1
OEPARTMCNT OF RCGU',.A% RY AGCYCICS
$TATO OF HAWAII
In tl.e Ma:'.:ar of the Petition
For Charter
of
HAWAII CCUNTY ECONOMIC OPPORTUNITY CCUNCIL
CHARTER CF INCCRPCRATION
If
HAWAII CCUNTY ECONOMIC CPPORTUNITY CCUNCIL
Know ye, tha': wi.ereas RALPH H. KIYO'AY.1,
ROBERT M. CTA, SLA -INE BRADSHAW, BENEDICT LUI KWAN,
FUMIKO IWAMASA and TADAO OKIMOTO, all of whom are
residents of t:ie State of Hawaii, have made applica-
tion to me, as Director of Regulatory Agencies, to
grant a Charter of Incorporation to them and their
associates;
NOW, THEREFORE, I, SIDNEY I. NAC111MOTO,
Director of the Department of Regulatory Agencies,
State of Ilawaii, in the exercise or all power and
authority anywise enabling me to act in this behalf,
do hereby constitute the above-named persons and their
associates a body corporate, and confer upon them L -he
following Charter:
CHARTER OF INCORPCRATICPI
or -
HAWAII CCUNTY ECCNCMIC OPPORTUNITY CCW\CIL
I.
The name of the corroration shall be "HAWAII
CCUNTY ECCNC+tIC CPPGRTU1lI7'f CCUNCIL".
II.
The location and initial principal orrice or
tAe corporation shall be at County Building, County or
Hawaii, Hilo, Hawaii; sucn principal orfica c.ay be
chanced froc. time to time to such other location in the
State o� Hewaii a-- the So and of Oi rectors --hall de3i gnat e.
III.
The objcete and purpones of the corporation shall
Le:
1. To actively solicit the coordination and
cooperation of all individuals, agencies and organi=a-
tiona, both public and private, within the County of
Hawaii, toward3 assisting those individuals and Croups
who are below average economic levels to attain an
improved capability of financial earning.
Z. To enlist interest: and financial support
from any and all sources to engage in projects to combat
poverty.
j. To r_alce, enter into and perform contracts
with any person, firm, association, corporation, private,
public or municipal or body pal i'tic.
4. To sponsor, contract for, or operate dnd
conduct activities such as remedial and non -curricular
education, employment, job training, counseling, health
and vocational rehaLilitation, housing and home manage-
ment, welfare, research, training, and eemenstration
activities, and such other activitic3 as may Le related
to any of the objectives herein.
S. To acquire by purci.ase or otl-.erwise, hold,
deal in and dispose of such personal property and, with
the consent of not less than three-fourths of the memiaers
of the corporation, such real property as may Le necessary
or convenient: for the purposes of the corporation.
6. To harrow moneys tl:e consent of not
less than t!.ree-fourths Of tl.e members of the corporation,
.knout imiz as to antounc, to meet t:%e operating ana other
expenses of the corporation and, from time to time, to
draw, maLc, accept, endorse, execute and issue promissory
notes, drafts, ;,ills of exchange, warrants, bonds, dc6enCQres
and other nccotiaLlc or non-negociaLle instruments and
eviLences of ii:dabtedness for any of the above purpccap,
and to sccu,-e the payr.,ent of any thereof and of the intercct
thereon by mcrragage or pledgs, conveyance or assignment i::
trust of any of the property of the corporation, and to
sell or otherwise dlspo3e of such bonds or other oblicationc
OF the corpora -:ion .or ita corporate purposes.
IV.
The corporation shall have all powers capable of
being vested in corporations not organized for profit under
the laws e° the State of kawaii and shall ::e authorizec: to
engage in any activities, and do and perform any acts of
any nature whatsoever that shall be proper, necessary or
convenient for the furtherance of the objects and purposes
set forth in Article III hereon.
V.
The duration of the corporation shall be perpetual.
V1.
The corporation shall comp l eta its organi=at ion
within thirty (�O) days after issuance of the Charter of
I ncorporat i air.
V11.
All of the powers ane authority of the corpora-
tion s;ia 11 be vested in and may be exercised by the 2o4rci
OF Directors except as limited by law, this Charter or the
Sy -Laws, and, in furtherance and not in limitation ad said
general powers, the Board of Cirectors shall have pawcr,
acting always in accordance with tha By -Laws: to make
rules ar:: regulations not inconsistent with the 3Y-Laus;
to create ouch commlctces or the 3oard of Cirectors or e�
the Corporanion and to :;asiSnata as memcers or such
committee_ arch parso.is as is shall determine and to
confer ur=n such ccmmitte== such posers and authority as
may by resolu-:ion be sat forth for the carrying on or
exercising OF the purposes and powers oi: the corporation;
ar.d generally to do any and Ovary lawful act necessary
or proper to carry into effect the power_, purposes and
object= of the corporation. Said Board of Oirectors
shall consist OF not lass than six (5) persons who shall
be Qualified, nominated, elected and appointed as is
provides: for in the"3y-Laws. Until their successors
-hall have been duly elected the initial directors of
the corporation and their business and home addresses
are as follows:
Business
Hone
uane
Address
Address
Ralph H. Kiyoseki
Uept, of Education
81 Apoki St.
480 Waianuenue Ave.
Hilo, Hawaii
Hilo, Hawaii•
3enedict Lui Kwen
State Employment Service
266 Waianuenue Ave.
225 Kapiolani St.
Hilo, Hawaii
Hilo, Hawaii
3laina 3raa-1•.aw
Univ. of Hawaii
Honaunau
Extension Service
Hawaii
Kainaliu, Kona
Ro'':art M. Gta
Univ, of Hawaii
135 Alae St.
Extension Service
Hilo, Hawaii
Feaeral Building
Hilo, Hawaii
Fumiko 1„amara
(Dept. of Social Services
1239 Waianuenue Ave.
52 Puvoko St.
Hilo, Hawaii
Hilo, Hawaii
Tadao Ckimoto
County Auditor's GfFice
County Building
Hilo, Hawaii i
Onomea, Hawaii
Vill.
The officers
ar the cornorat�on
shall cons-st or
such oFficcrs as
-hall 'oe provided For
in the 8y-Lat+s and
- their quali Fications,
duties, powers, term
al oFFice and
manner or- appointment shall ce as pray i c:ed for in the
By - Laws, Any oi=ficas may be created or abolished by the
By -Laws, provided that there shall always bo a ?resident,
a vice president, a secretary and a treasurer. The treasurer
may be a corporation, and the offices of secretary and
treasurer may be held by the same person. The initial
o:-ficers of the ccrporation and their business and home
addresses are as follows:
Business Home
Officer Add-ess Address
President: Oast. of Education 81 Apo4i St.
Ralph H. Kiyocaici 480 waianuenue Ave. Hilo, Hawaii
Hilo, Hawaii
Vice-president:
Benedict Lui Kwan
Secretary:
Blaine Bradshaw
Treasurer:
Robert M. Ota
State Employment Service
266 Naianuanue Ave. 2.25 Kapiolani St.
Hilo, Hawaii Hilo, Hawaii
Univ, of Hawaii
Extension Service
Kainaliu, Kona
Univ, of Hawaii
Extension 5ervice
Federal Building
Hilo, Hawaii
LX.
Honaunau
Hawaii
135 Alae St.
Hilo, Hawaii
Members of the corporation shall be admitted,
suspended, and expelled in such manner as shall from time
to time be prescribed by the By -Laws.
The initial By-Laup of the corporation shall be
approved and adopted by the signers of the Petition For a
Charter a( Incorporation within thirty (30) days after the
grantinj of such Charter. Thp 3y-Lawp may be altered,
amenced or reocaled thareaftcr by a majority of the members
preperc at any annual meeting or vspecial meeting duly
calloc and soecifically held For suer purpose.
The corporation is nat organi_ed nor profit and
will not issue any stock. No,part of than covporaeion's
asse ", income or earn not shall be di stribut ad to it
members, directors or oFficers except for s=rvices
actually rendared to the corporation. If the corporation
shall cease to exist or shall be dissolved voluntarily
or involuntarily, all property and assets of the corpora-
tion of every kind attar the payment cf its just debts
shall be distributed solely to one or more organizations
exempt from,United States income tax, either charitable,
scientific, educational, or with purposes similar to
those of the corporation.
XII.
The property of the corporation shall alone be
liable at law for payments of the debts and liabilities of
the corporation. No director or officer of the corporation
or his heirs, executors, or administrators, shall be liable
to the corporation for any loss or damage suffered by it
on account of any action or omission by him as such
director or officer, unleza such dir-ctor or officer
shall, with respect to such action or emission, be and/or
have been guilty of misconduct or negligence in the
performance of his duties as such director or officer.
XIII.
This C:.ar'cer shall be subject to amendment
Pram time to time in accordance wich law, and the corpora-
tion shall be subject to all general laws now in force
or hereaft^_r enact=_ 4ith regard to corporations of this
nature.
6.
IN '017NESS WNEREC=, I have hereunto sat my
hand and czused the czf;cial zzal er the Da"rtment o=
Reculatory Acancics of tha Stz':a oc Nawaii to 6e hereunto
arri:ed thi: x771`/ day OF /i1t�.
1965.
S AiE OF HAWAII
7.
HAWAII COU, QTY ECONOMIC OPPORTLN= COUNCIL
BY-LAWS
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
BOARD OF DIRECTORS
NOVEMBER 25, 1996
Attachment C
TABLE OF CONTENTS
PAGE
PREAMBLE 1
PURPOSE AND FUNCTIONS 2
ARTICLE I. MEMBERSHIP
Section
1.
Size of the Board
3
Section
2.
Board Composition
3
Section
3.
Selection Procedure for the Poor Sector
3
Section
4.
Selection Procedure for the Private Sector
4
Section
5.
Selection Procedure for the Public Sector =-
5 -
Section
6.
Appeals Procedure by Other Groups for
5
Adequate Representation
Section
7.
Removal
7
Section
8.
Alternates
8
Section
9.
Vacancy -
9
Section
10.
Limitation on Board Service
10
Section
11.
Conflict of Interest
11
Section
12.
Compensation
11
ARTICLE II. OFFICERS OF THE BOARD
Section
1.
Description and Duties
13
Section
2.
Election of Officers
14
Section
3.
Term of Office
14
Section
4.
Recall and Vacancies
14
Section
5.
Dual Office Holding
14
Section
6.
Supervision by Board
14
Section
7.
Ratification of Acts by Board
14
ARTICLE III. COMMITTEES
Section
1.
Executive Committee
15
Section
2.
Program Development Committee
16
Section
3.
Membership Committee
16
Section
4.
Finance Committee
17
Section
5.
By—Laws Committee
17
Section
6.
Human Rights Committee
17
Section
7.
Personnel Committee
18
Section
8.
Evaluation Committee
18
Section
9.
Legislative Committee
1a
Section
10.
Ad Hoc Committee
is
TABLE OF CONTENTS
PAGE
ARTICLE IV. MEETINGS AND RULES
Section 1. Conditions
Section
1.
Regular Meetings
19
Section
2.
Notice of Regular Meetings
19
Section
3.
Agenda of Regular Meetings
19
Section
4.
Minutes
20
Section
5.
Biennial Meeting
20
Section
6.
Special Meetings
20
Section
7.
General Rules For All Meetings
20
ARTICLE V. DUTIES AND FUNCTIONS OF THE EXECUTIVE DIRECTOR
Section 1. Conditions
22
Section - 2. Responsibilities of the Executive Director
22
ARTICLE VI.
FISCAL PROCEDURES
Section 1. Fiscal Year
24
Section 2. Required Signatures
24
Section 3. Legal Documents
24
ARTICLE VII.
PUBLIC ACCESS TO AGENCY INFORMATION
Section 1. Meetings
25
Section 2. Books and Records
25
ARTICLE VIII.
AMENDMENTS TO THE BY—LAWS
26
ARTICLE IX.
DISSOLUTION
27
ARTICLE X.
COMPLIANCE WITH BY—LAWS
23
APPENDIX
29
BY-LAWS
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
PREAMBLE
The name of this private non-profit corporation shall be the
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL.
It shall act as the official Community Action Agency for the
County of Hawaii, in conformity with the standards and
regulations set forth by the Community Service Block Grant
Act (CSBG).
- 1 -
ARTICLE I. MEMBERSHIP
SECTION 1. SIZE OF THE BOARD
A. The Board shall consist of thirty—three (33) members.
B. The power to change the size of the Board rests with the
Board.
C. A change in representation of one category of membership
must be reflected in the proportion of members from the
other categories.
SECTION 2. BOARD COMPOSITION
- The total number of Board seats shall be divisible by three
(3) and represents the different sectors in the community
to ensure the effective handling of poverty related issues.
A. Public Officials
Eleven (11) seats shall be allocated to elected Public
Officials or their representatives.
B. Representatives of the Poor
Fourteen (14) seats shall allocated to representatives
of the poor, although representatives of the poor need not
themselves be poor.
C. Representatives of Private Groups
Eight (8) seats shall be allocated to private groups.
SECTION 3. SELECTION PROCEDURE FOR THE POOR SECTOR
A. The members of the District Council will elect by majority
vote, in a secret ballot, representatives to the HCEOC Board
of Directors.
B. Election for alternates shall be handled in the same manner
and at the same meeting as HCEOC Board Representatives
are elected.
C. Apportioning of Districts.
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F. Each representative or alternate shall be empowered to
speak and act on behalf of the individual organization which
he/she represents in connection with the Board's business.
SECTION 5. SELECTION PROCEDURE FOR THE PUBLIC SECTOR
A. The designating officials shall consist of the Mayor and
the County Council Members, and the County Prosecutor.
B. The Mayor and the County Council Members shall
determine who shall serve on the Public Sector of the
HCEOC Board.
C. Names of both Public officials and their Representatives
_must be submitted to the Board by the designating officials._ _
D. The Public Officials selected to sit on the Board may each
appoint a permanent Representative to serve either
full—time in his/her place or whenever he/she is unable
to attend a meeting.
E. Representatives of Public Officials are not alternates
and restrictions which apply to alternates of the private
sector and poor sector are not applicable.
F. Representatives of Public Officials shall be authorized to
act for the Public Officials in matters before the Board,
and not as individuals.
G. The term of the Public Official or their Representatives
shall be conterminous with the term of the Public Office of
the Mayor and the County Council.
SECTION 6. APPEALS PROCEDURE BY OTHER GROUPS FOR
ADEQUATE REPRESENTATION
A. Who
Any community agency or representative group of the
poor which feels itself inadequately represented on the
Board shall be able to petition the Board and have a hearing
for representation.
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G.
G. Provisions for adjusting and realigning composition.
If a petition for adequate representation is granted, the
Membership Committee shall include the community agency
or representative group of the poor in the annual priority
listing recommendation to the Board in March. Seating of
the representatives shall occur at the biennial June meeting.
SECTION 7. REMOVAL
A. Grounds for Removal
1. Private and Poor Sectors
Unexcused absences from two (2) consecutive Board
_ Meetings and three (3) consecutive Committee Meetings
shall constitute cause to reconsider the person
representing the group.
2. Public
Provisions for removal shall not extend to the public
officials or their representatives.
B. Procedure for Removal
1. Private and Poor Sectors
a. If a member is absent or not officially represented
for two (2) consecutive Board Meetings and three (3)
consecutive Committee Meetings, the member and the
organization which he/she represents will be notified
in writing (fifteen (15) days prior to the hearing) that
the Board intends to remove them.
The member and the organization will be given a date
(by the Membership Committee) to appear at the
hearing. At that time they may present reasons why
they should retain their position on the Board.
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B. Alternate Representative of the Private Sector
1. Groups represented on the Board shall designate one (1)
alternate, who shall be certified in writing by the sponsor
he/she represents.
2. Each alternate may represent only one (1) Board member.
3. An alternate shall act only as a substitute for a regular
- - - member in his/her_ absence and may not serve as an. officer -
of the Board.
4. If a representative vacates his/her seat, the alternate
shall fill the seat as a regular member for the duration
of the term. A new alternate shall be selected by the
particular group affected: - --- -- --
SECTION 9. VACANCY
A. A vancancy on the Board shall occur when:
1. A member and the organization he/she officially
represents has been notified of his/her official removal
for just cause by action of the Board.
2. A member notifies the Board of his/her resignation in
writing, or the Board is notified of the death of a
member..
3. The designating officials (Mayor, County Council) may
remove a public official or his/her representative.
4. A Public Official leaves office.
5. The remainder of the seats allocated to public officials,
if the number of public officials who are willing to serve
does not comprise one—third (1/3) of the Board.
E�
SECTION 17. CONFLICT OF INTEREST
A. No person may sit on the Board if he/she is an officer or an
employee of an organization contracted to perform a component
of an HCEOC program, an employee of HCEOC or federal
employee of a funding source.
B. No person may sit on the Board if he/she has a conflict of
financial interest and "substantial interest" in HCEOC contracts.
1. Any direct or indirect. financial interest in the specific
sale or rental transaction, including a commission or fee,
a share of the proceeds, the prospect of promotion, a
profit, or any other form of financial reward.
2. Any of the following interest in the business which is
supplying the goods, space, or services for purchase,
rent or lease.
— — — — Ownership
-- —— Partnership interest or other beneficial interest
of 5% or more
----Ownership of 5% or more of the stock
----Employment as an Executive Director
----Membership on the Board of Directors or other
governing Board
SECTION 12. COMPENSATION
A. Regular compensation of Board Members shall be prohibited.
ARTICLE II. OFFICERS OF THE BOARD
SECTION 1. DESCRIPTION AND DUTIES
The Officers of the Board shallbe: Chairperson,
Vice—Chairperson, Secretary, and Tresurer.
CHAIRPERSON
The Chairperson of the Board shall preside at all meetings
of the Board and Executive Committee; appoint members
of all Committees with the exception of the Executive
and Personnel Committees.
VICE—CHAIRPERSON- - -
The Vice—Chairperson shall have all the powers and shall
perform all duties of the Chairperson in that person's
absence.
SECRETARY
The Secretary shall maintain a complete file of the minutes
of all meetings of the Board and shall sign required
correspondence and documents.
TREASURER
The Treasurer shall have charge of the funds of the Board
and shall arrange for the deposit of funds in the name of
the Board in a Bank designated by the Board. The
Treasurer shall present a Financial Report to the Board
at each regular meeting, and shall explain the Report
at the request of the Chairperson of the Board.
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ARTICLE III. COMMITTEES
The standing Committees shall be: Executive Committee,
Personnel Committee, Evaluation Committee, Program
Development Committee, Legislative Committee, Finance
Committee, Membership Committee, By—Laws Committee, and
Human Rights Committee. The Chairperson of the Board shall
appoint Committee members with the exception of the
Personnel Committee and the Executive Committee.
The membership of a particularcommittee shall appoint its
Chairperson with the exception'of the Finance Committee and
the Executive Committee.
Membership on all committees, including the Executive
Committee, shall be proportional to the representation in each
of the three (3) categories of membership comprising the
Board. Each Board Member shall be assigned to at least one
standing committee, and insofar as possible, all Board Members
should be assigned approximately similar loads of committee
work. The Chairperson of the Board may be an ex—officio member
of all committees but has no vote.
Members of committees shall be given not less than forty—eight
(48) hours notice. Meetings shall be called by the Chairperson
of the Committee.
All recommendations from committees require ratification by the
Board before implementation.
SECTION 1. EXEC UTWE CO MMITTEE
The Executive Committee shall consist of the Officers of the
Board, plus as many additional members as required to make the
total membership proportional to the representation of classes of
Board membership. These additional members shall be elected by
the Board in the same manner as officers are elected according to
these By—Laws. Nominations for each of the Executive Committee
positions shall be made by the Nominating Committee, whose
responsibility it shall be to maintain proportional representation.
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SECTION 4. FINANCE COMMITTEE
The Committee shall recommend guidelines for the
management of fiscal policies, shall work with the Executive
Director in preparing the budget, and make a quarterly report
on the fiscal condition of the corporation to the Board. This
Committee shall also explore possibilities of community
contributions to the non—Federal share of the cost of any
program.
SECTION 5. BY—LAWS COMMITTEE
The By—Laws Committee shall be responsible for the
development of By—Laws and recommendations of proposed
amendments to the By—Laws. The Committee shall annually
evaluate the By—Laws for conformity to Federal, State and
local regulations, and for operating efficiency. It shall
perform such additional duties as prescribed by the Board.
SECTION 6. HUMAN RIGHTS COMMITTEE
The Human Rights Committee shall hear any and all
grievances, except for the grievance of the staff, which shall
be handled by the Personnel Committee, or suggestions from
any member of the Board or the community concerning matters
of interest to it. The Committee shall report to the Board, all
matters brought to its attention and all recommendations it may
have. The Committee shall make itself available to the public.
Nothing in this provision shall prevent parties to grievance
complaints from subsequent direct access to the Board.
This Committee shall work in conjunction with the Equal
Employment Officer.
This Committee will also review the Affirmative Action
Plan and recommend Board approval.
This Committee will also guarantee the enforcement of the
Agency's Affirmative Action Plan.
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J'
ARTICLEIV. MEETINGS AND RULES
SECTION 1. REGULAR MEETINGS
The Regular Meetings of the HCEOC Board of Directors shall be
held on the fourth Monday of each month unless otherwise
ordered by the Board or the Executive Committee. However, the
Board shall meet at least once every ten (10) weeks.
SECTION 2. NOTICE OF REGULAR MEETINGS
A. Written notice of meetings and the Agenda shall be sent to all
members of the Board. Committee reports, reports from the
Executive Director, and other agenda materials shall be
included in themailing when available.
B. Notice of meetings shall be given to the local public media.
C. Notice shall be provided at least five (5) days in advance of
meetings.
D. It is the responsibility of member organizations to see that
their alternates are notified when they are to attend a meeting
in the place of the representative.
SECTION 3. AGENDA OF REGULAR MEETINGS
A. The Agenda shall include minutes of the previous regular meeting,
any special meetings, and committee meetings held since the
last regular meeting.
B. The Chairperson shall provide opportunity for new business to
be introduced from the floor and from the public, whether or not
this has been included in the advance written agenda.
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r-.
B. Quorurh
1. One—half of the total non—vacant seats shall constitute
a quorum at any Board or Committee Meeting. If a quorum
of the Board is not present at a Regular or Special Board
Meeting, a quorum of the Executive Committee shall be
empowered to enact those items of business on which
action is mandatory before the next regular or special
meeting can be held.
2. The Board shall note in its minutes how many seats are
vacant at the time of each meeting, in order to determine
that a quorum has been established.
3. The quorum requirement is applicable for all official Board
action at the time the action is taken. If at any time during
a meeting the quorum is destroyed, the Board's action will
not be recognized as official.
C. Voting
1. All votes in Regular or Special Board Meetings and
Committee Meetings shall be by majority votes unless
otherwise specified in the By—Laws.
2. Proxy voting by any Board Member shall be prohibited at
meetings of the Board and its Committees.
D. Scheduling of Meetings.
1. All meetings shall be scheduled for the convenience of
Board Members and the General Public.
—21 —
G. The Executive Director shall maintain a complete library of
pertinent current rules and regulations and policies.
H. The Executive Director shall be responsible for informing
the Board of all Federal, State, and local Laws and
Regulations to enable the administration of programs to be in
compliance with them.
The Executive Director shall be responsible for the proper
completion and prompt return of all official requests for
information, reports, and forms from funding source.
J. The Executive Director shall be responsible for maintaining
liaison between the Board and other agencies, and shall keep
communications continuous with all community agencies
relevant to the work of HCEOC.
K The Executive Director shall hire, supervise and terminate
employees and shall be responsible for compliance with
Federal, State, County, and HCEOC Policies on Equal
Employment Opportunity, Affirmative Action and hiring and
termination of staff members.
The Executive Director shall direct and supervise all HCEOC
Employees and make recommendations to the Board matters
of Personnel Policy.
M. The Executive Director shall perform such other duties and
carry out such other responsibilities as the Board may require.
— 23 —
t
ARTICLE VII. PUBLIC ACCESSTO AGENCY INFORMATION
SECTION 1. MEETINGS
All Committee, Regular and Special Board Meetings shall be
open to the public except those portions concerned with
personnel matters.
SECTION 2. BOOKS AND RECORDS
Upon request, all books and records shall be made available
to the public with the exception of staff personnel records.
— 25 —
ARTICLE IX. DISSOLUTION
The duration of the corporation shall be perpetual. In
the event the corporation is to be dissolved, dissolution
procedures shall be in accordance with the State Law as
modified by any other legally binding conditions.
— 27 —