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HomeMy WebLinkAboutComm No 0035.51 - Transmitting Council Initiated Alternative Amendment to CA-18 Draft 2JON HENRICKS County Clerk July 26, 2019 County of Hawai`i Office of the County Clerk 25 Aupuni Street, Suite 1402 • Hilo, Hawai`i 96720 (808) 961-8255 • Fax (808) 961-8912 AARON BROWN Deputy County Clerk To: Douglas Shipman Adams, Chair and Members of the 2018-2020 Hawaii County Charter Commission Henricks, County Clerk : Resolution No. 216-19; Alternative Amendment to Charter Proposal CA -18, Draft 2 Please find attached Resolution No. 216-19, which proposes an alternative amendment to Charter Commission proposal CA -18, Draft 2. - The Hawai`i County Council adopted Resolution No. 216-19 at its,Itint 24, 2019, meeting. Pursuant to Hawai`i Revised Statutes, Section 50-9, the Charter Commission shall accept or reject the alternative amendment proposed via Resolution No. 216-19 within thirty days of receipt. I will be forwarding by separate memorandum a certified copy of Resolution No. 216-19, along with a transcript of the Council's deliberations, for the Commission's review. JDH att. Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 35.51 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 21.6 19 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, Hawai`i 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 WHEREAS, pursuant to Hawai`i 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 [or payment for labor or receive any reimbursement for the stewardship work on the project.] or any portion of a salary from this fund for performing their 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 approved in the detailed business plan submitted as part of the stewardship grant proposal. The 501(c)3 nonprofit shall sign an agreement so stating these conditions and submit it with the application.;" and WHEREAS, material proposed for deletion is bracketed and stricken, material proposed for addition is underscored; and A; and WHEREAS, the alternative amendment is provided in full text and attached as Exhibit WHEREAS, the council proposes the alternative amendment for the following reasons: BE pursuant to 2018-2020 hereto. 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, IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Hawai`i Revised Statutes, section 50-8, it hereby submits for the consideration of the Charter Commission the alternative amendment as provided herein and attached 2 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 , Hawai`i, this day of , 20 . INTRODUCED BY: 40116 COUN MEMBER, COUNTY OF HAWAII COUNCIL MEMBER, COUNTY OF HAWAI`I COUNTY COUNCIL County of Hawaii Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 3 ROLL CALL VOTE Reference: C-359/Waived FC RESOLUTION NO. 216 19 AYES NOES ABS EX CHUNG DAVID EOFF KANEALI`I-KLEINFELDER KIERKIEWICZ LEE LOY POINDEXTER RICHARDS VILLEGAS Reference: C-359/Waived FC RESOLUTION NO. 216 19 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 Hawai`i 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) [Definitions.] For the purpose of this section, [the following definitions apply: "Maintenance"] "maintenance" means to preserve and conserve lands and easements acquired by the public access, open space, and natural resources preservation fund and keep them in good repair for public safety. ["Maintenance fund" means a separate fund that holds moneys directed from: 1) the general fund and property tax revenues; or 2) designated grants, private contributions, proceeds from the sale of general obligation bonds, council appropriations, and any other source of revenue.] (c) There is established a public access, open space, and natural resources preservation maintenance fund (hereinafter "maintenance fund"). The maintenance fund shall be administered and managed by the [department of parks and recreation. The -] department of IP 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. 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. The maintenance fund shall be used solely for public safety maintenance and preservation of those lands and easements acquired by the public access, open space, and natural resources preservation fund, and [may] shall be used only for expenditures directly related to its purpose. Expenditures by the administration [of] 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 2 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, leasing, installing, and maintenance of toilet facilities; (11) Building and installation of small sheds or structures for the storage of 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; [(1-0)] 14 Mitigation of flooding problems including repair or restoration of existing culverts, drainage features, or other similar flood control mitigation; [(11)]15 Archeological survey and buffering of Native Hawaiian historical or cultural sites after appropriate consultation with Native Hawaiian descendants and cultural practitioners; [(12)]16 Biological studies for the protection of Native Hawaiian species of plants and animals; or [(13)]I7 Mitigation of Americans with Disabilities Act compliance issues that may arise during the course of public safety maintenance and preservation. [Moneys inthe maintenance fund shall not be used for planning, design, also not be used for mitigation of Americans with Disabilities Act compliance issues for any new buildings, facilities, or infrastructure. Payment to resolve these aforementioned issues shall be from the capital improvement projects budget or allotments derived from the general 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 [parks and recreation] finance and the public access, open space, and natural resources preservation commission the following: (A) An application form obtained from the department of [parks and 3 recreation] finance, which is completed for each specific purpose or proj ect; (B) A [detailed business plan for the project that includes the name of the 501(c)3 nonprofit organization, the organization that operates 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) A copy of its bylaws and mission statement[; a]; (D) A detailed business plan that includes the description of the specific project, time frames for project goals, costs, and activities to accomplish the stated purpose, and any other information requested by the department of [parks and recreation] finance; and [(C)](E) A signed agreement to file a written report to the department of finance one year or less after receipt of funds [that includes] or thirty days following project completion, which shall include details as to what has been accomplished on the project, actual costs, [andlhow the money was spent.] 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. [(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 [or payment for labor or receive any reimbursement for the stewardship work on the project.] or any portion of a salary from this fund for performing their 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 approved in the detailed business plan submitted as part of the stewardship grant 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)](8) The director of the department of [parks and recreation] 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 4 these charter provisions for inclusion in the Charter of the County of Hawai`i (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. END OF EXHIBIT "A" 5