HomeMy WebLinkAboutRES 216 Draft 01 2018-2020 'r
J�tIt OF
COUNTY A A ` STATE OF HAWAF1
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SOLUTION NO.
A RESOLUTION PROPOSING AN ALTERNATIVE AMENDMENT IN PLACE
OF CHARTER PROPOSAL CA-18, DRAFT 2; RELATING TO THE PUBLIC
ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
MAINTENANCE FUND.
WHEREAS, Hawaii Revised Statutes, section 50-8, provides:
"§50-8 Submission of proposed charter to legislative body of the county.
Within one year of its appointment, the charter commission shall submit a report in
writing on its activities, findings, and recommendations to the legislative body of the
county together with a draft of the proposed charter. The legislative body of the county
may in turn propose one or more sections as alternative, or alternatives to any section of
the proposed charter; provided that there shall not be more than a single proposition
under any alternative proposal. Within thirty days after the receipt of the proposed
charter from the commission, the legislative body shall return the proposed charter with
the alternatives to the commission for its study."; and fv
;
WHEREAS,pursuant to Hawaii Revised Statutes, section 50-8, and in response to the
Charter Commission's Report to the Council dated June 26, 2019,the Council hereby proposes
as an alternative amendment to Charter Proposal CA-18, Draft 2,that Section 10-16(h)(6) of said
proposal be revised as follows:
...[5](6) No officer, board member, or employee of the 501(c)3 nonprofit
organization or the organization that operates under the umbrella of a
501 c 3 nonprofit organization shall receive a salary + for labor `
p g y [,,,.,. oi,
E)r-feeeive any reimbursemen+fet:the stewardship work on the project.] or
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any portion of a salary from this fund for performingtheir duties
or functions as an officer,board member or employee; however,
compensation for specific duties such as labor, educational workshops and
maintenance work may be paid to an officer, board member or employee
if those duties have been specifically identified and officially pproved in
the detailed business plan submitted as part of the stewardship
Proposal. The 501(c)3 nonprofit shall sign an agreement so stating these f
conditions and submit it with the application.;" and
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WHEREAS, material proposed for deletion is bracketed and stricken, material proposed
for addition is underscored; and
WHEREAS,the alternative amendment is provided in full text and attached as Exhibit
A; and
WHEREAS,the council proposes the alternative amendment for the following reasons:
1. To maintain the intent of the current charter language that officers, board
members or employees should not be paid a salary out of the Public Access,
Open Space, and Natural Resources Preservation Maintenance Fund;
2. It is recognized and acknowledged that some officers, board members and/or
employees of the 501(c)3 nonprofit are also very dedicated, committed, and
involved in active maintenance and stewardship;
3. To achieve the goals and purpose of the Public Access, Open Space, and
Natural Resources Preservation Maintenance Fund to preserve land,promote
public safety and maintain a healthy stewardship, these dedicated and
committed officers, board members and/or employees involved in
maintenance and stewardship of these special places should be compensated;
4. This alternative amendment is proposed to only allow for compensation to
officers, board members and/or employees who engage in active maintenance
and stewardship,provided those duties are specifically identified and
officially approved in the detailed business plan and does not constitute
payment of salary; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant to Hawaii Revised Statutes, section 50-8, it hereby submits for the consideration of the
2018-2020 Charter Commission the alternative amendment as provided herein and attached
hereto.
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BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to the Chair of the 2018-2020 Charter Commission and the Office of the Corporation
Counsel.
Dated at Kona , Hawai`i, this 24th day of July , 20 19.
INTRODUCED BY:
Pf
r
lie)COUN MEMBER, COUNTY OF HAWAI`I
COUNCIL MEMBER, OUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
County of Hawai`i on July 24, 2 019
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
6/4,/-- 9
Reference: 0 0 0
C-359/Waived FC
• �� �' CHAIRPERSON&P SIDING OFFICER RESOLUTION NO. 216 19
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EXHIBIT "A"
ALTERNATIVE AMENDMENT TO
CHARTER AMENDMENT NO. CA-18, DRAFT 2
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1. Article X, Section 10-16, of the Hawaii County Charter (2018
Edition), is amended to read as follows:
"Section 10-16. Public Access, Open Space, and Natural Resources Preservation
Maintenance Fund.
(a) The purpose of the public access, open space, and natural resources preservation
maintenance fund is to accrue and use moneys for maintenance of lands and
easements acquired by the public access, open space, and natural resources
preservation fund. The maintenance fund will ensure that money is dedicated to
preserve the land, promote public safety, and maintain a healthy stewardship.
(b) [Def-rnitions.] For the purpose of this section, [thefollowing definitions apply:
"M,,itAe.-,a o"] "maintenance" means topreserve and conserve lands and
easements acquired by the public access, open space, and natural resources
preservation fund and keep them in good repair for public safety.
["Main4enanee " means-a sepafate Gun•a +c�-dratholds moneys difeccca
ftem: 1)the genefal fund and propefty tfflc revenues;of 2)designated gfants, to
eei.4iibuci0115, pr'9ceecrs ftomthe sale 6'f general r-obligation Y-bonds, E9tiftCYY
appropriations, and any athe f setifee of revenue.]
(c) There is established a public access, open space,and natural resources preservation
maintenance fund(hereinafter"maintenance fund").The maintenance fund shall be
administered and managed by the [dep ,.tmenl e& parks and reereation..— The
r;,,,,neia Bets of the ,, rto,,.nee ffin shah bet angle by hel department of
uuuuviui uup
finance.
(d) Deposits due to the maintenance fund.
(1) In adopting each fiscal year's operating budget, the council shall
appropriate one-quarter of one per cent of all real property tax revenue
(including interest and penalties) to the maintenance fund. Deposits to the
maintenance fund shall occur on a quarterly basis at a minimum.
(2) Additional revenue deposited in the maintenance fund may consist of grants
and private contributions intended for the purpose of this section, proceeds
from the sale of general obligation bonds authorized and issued for the
purpose of this section, council appropriations for the purpose of this
section, and any other source of revenue.
(e) Accounting for the maintenance fund; interest bearing accounts; reporting by the
department of finance.
(1) All moneys in the maintenance fund shall be deposited in interest bearing
accounts until needed. Any interest shall accrue to the maintenance fund.
(2) Moneys in the maintenance fund shall be identified separately for:
(A) Funding received from the real property tax revenue including
interest and penalties; and
(B) Funding received from grants and private contributions, and any
other source of revenue, and its interest earned, which:
i. Shall be itemized and earmarked for specific projects for the
lands or easements.
ii. Shall not be subjected to the maximum accrual of funds limit
provided in subsection(f).
(3) Financial statements shall be posted each month on the public access, open
space, and natural resources preservation fund web site.
(f) Maximum accrual limit in maintenance fund; exemption to funding.
(1) Only moneys derived from real property tax revenue, its interest, and its
penalties shall be included in the computation of the maximum accrual limit
for the maintenance fund. All other moneys specifically directed to the
maintenance fund shall be held separately from those moneys in the
maintenance fund that originated from real property tax revenues(including
interest and penalties), and shall not be subjected to the maximum accrual
limit.
(2) The maximum accrual limit shall not exceed $3,000,000.
(3) At the end of any fiscal year in which the maintenance fund holds
unencumbered funds derived from real property tax revenue (including
interest and penalties) of at least $3,000,000, any unencumbered amount in
excess of that $3,000,000 shall be permanently transferred to the general
fund balance.
(4) Exemption to funding. If the maintenance fund holds $3,000,000 in
unencumbered funds derived from real property tax revenue (including
interest and penalties), then the council and the executive branch do not
need to add more money to the maintenance fund until the next budget
cycle. This exemption shall not release the administration from its
mandatory duty to maintain and preserve lands and easements acquired by
the public access, open space, and natural resources preservation fund in
good repair for public safety each fiscal year.
(g) The maintenance fund shall be used solely for public safety maintenance and
preservation of those lands and easements acquired by the public access, open
space, and natural resources preservation fund, and [ ] shall be used only for
expenditures directly related to its purpose. Expenditures by the administration [or]
and/or stewardship grants presumed to be directly related are as follows:
(1) Reparation(fixing, mending, repair work, and servicing);
(2) Preservation(damage control, salvaging, safekeeping, and safeguarding);
(3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands,
watershed, and floodways;
(4) Restoration (replacement, reclamation, reconditioning, and remediation);
(5) Wildfire and fire prevention;
(6) Repair of existing buildings to meet the current code requirements, if the
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building is deemed reasonable to save;
(7) Replacing signs to meet the current code requirements;
(8) Installation,repair, or replacement fencing and gate or access mechanisms;
(9) Installation or repair of cattle guards;
(10) Building,renting,entin , lg easing, installing, and maintenance of toilet facilities;
(11) Building and installation of small sheds or structures for the storage of
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maintenance equipment;
(12) Building, installation and maintenance of structures to provide protection
from the elements;
(13) Creation of trails or paths to access land for public safety,maintenance, and
preservation;
14 Mitigation of flooding problems including repair or restoration of existing
culverts, drainage features, or other similar flood control mitigation;
[(41)]15 Archeological survey and buffering of Native Hawaiian historical or
cultural sites after appropriate consultation with Native Hawaiian
descendants and cultural practitioners;
[( }]16 Biological studies for the protection of Native Hawaiian species of plants
and animals; or
17 Mitigation of Americans with Disabilities Act compliance issues that may
arise during the course of public safety maintenance and preservation.
[ ,
,
paths, bfidges, etilvefts, famps, of dfainage features. Money in the maintenanee fund s
also net be used f6f mitigation of Amer-ieans with Disabilities Aet eomplia-nee issues
shall be from the eapital impravetnei# pfE�eets budget of allotments derived ftom
the gene.-al fund.]
(h) Stewardship Grants.Moneys may also be used to provide grants-in-aid for projects,
which uses are reflected in subsection(g).
(1) An award of a stewardship grant shall be by council resolution. Stewardship
grants may be awarded only until moneys in the maintenance fund are
extinguished. Grants shall be awarded on the basis of ability of the
stewardship organization to complete the project on time and within cost
estimates.
(2) Only 501(c)3 nonprofits or an organization that operates under the umbrella
of a 501(c)3 nonprofit, and that can complete a project for the good of the
community, shall be considered for a stewardship grant.
(3) Public notice by the department of finance of the availability of the
stewardship grants shall be placed in two newspapers of general circulation,
as well as electronic media accessible by internet,by August 1 of each fiscal
year provided money is available. These advertisements shall be paid for
from the maintenance fund.
(4) To apply for a stewardship grant, a stewardship organization shall provide
to the department of [pafks an reer-e fio ] finance and the public access,
open space, and natural resources preservation commission the following:
(A) An application form obtained from the department of [pafks-and
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recreation] finance,which is completed for each specific purpose or
proj ect;
(B) A [detailed busit,o"" plan r^f the r eet that ; elude" the name f
the ✓.,1(v)✓ u:,uprvut efganization, the arganization that apefates
under the umbrella of a-501(e)3nonpfofit efganiz-atio , if , "]
copy of its letter of determination from the Internal Revenue
Service[;a] confirming its 501(c)3 status or the 501(c)3 status of the
umbrella organization;
(C)copy of its bylaws and mission statement[, aj;
(D) A detailed business plan that includes the description of the specific
project, time frames for project goals, costs, and activities to
accomplish the statedpurpose, and any other information requested
by the department of[parks and feefeatio I finance; and
[(C-)](Q A signed agreement to file a written report to the department of
finance one year or less after receipt of funds [*'���es] or thirty
days followingprojectcompletion, which shall include details as to
what has been accomplished on the project, actual costs, [ar3dl Trow
the ,,,one "P.-O expense receipts, and any other information
requested by the department of finance. The completed report shall
be provided to the public access, open space, and natural resources
preservation commission and the council.
(5) Unexpended funds shall be returned to the maintenance fund within thirty
days of submitting a final report.
[(3)](o No officer, board member, or employee of the 501(c)3 nonprofit
organization or the organization that operates under the umbrella of a
501(c)3 nonprofit organization shall receive a salary [o"payment faf labor
Of F —ifnbursemen4 faf the sw`v'v'uruuuip `v'cvrion the pfejeet-.] or
aLiy ortion of a salary from this fund for performingtheir heir general duties or
functions as an officer,board member or employee;however,compensation
for specific duties such as labor, educational workshops and maintenance
work may be paid to an officer, board member or employee if those duties
have been specifically identified and officially pproved in the detailed
business plan submitted as part of the stewardshiprg ant proposal. The
501(c)3 nonprofit shall sign an agreement so stating these conditions and
submit it with the application.
[(6)](7) Mismanagement of moneys awarded for a stewardship grant shall
permanently bar the 501(c)3 nonprofit organization and the organization
that operates under the umbrella of a 501(c)3 nonprofit organization from
receiving future grants from the maintenance fund.
[(7)](.�) The director of the department of [pafks and recfeatien] finance shall
provide a short written evaluation of the proposed project to the council and
include a recommendation about the applicant's ability to complete the
project according to the project plan."
Section 2. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing
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these charter provisions for inclusion in the Charter of the County of Hawaii (2020),the
revisor need not include the brackets, bracketed and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter,
and section numbers and any cross references thereto pursuant to amendments approved
by the electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall
not affect other provisions or applications of the charter proposal which can be given
effect without the invalid provision or application, and to this end,the provisions of this
charter proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
c
END OF EXHIBIT "A"
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