HomeMy WebLinkAbout2024 Hawaii County Charter 10-15 & 10-16 (g) The director of finance shall require such guarantees of performance by vendors as in the
director of finance's opinion may be necessary or may be prescribed by ordinance.
(1979, Prop. 8; 1990, Prop. 14, sec. 1 and Prop. 16, sec. 3; 1994, Ord. No. 94-50, sec. 2; 2010, Prop. 7,
sec. 43.)
Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund.
(a) In adopting each fiscal year's operating budget, the council shall appropriate a minimum
of two percent of the certified real property tax revenues, including penalty and interest,
to a fund known as the public access, open space, and natural resources preservation
fund. Deposits to the fund shall occur at a minimum, on a quarterly basis.
(b) Funding shall consist of a minimum of two percent of actual revenue received in the
fiscal year. Additional revenue may consist of grants and private contributions intended
for the purpose of this section, voluntary contributions of any amount as specified on the
real property tax bill, 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.
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands and easements in the County of Hawaii for
public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and sites;
(C) Protection of natural resources, significant habitat or eco-systems,
including buffer zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(E) Protection of watershed lands to preserve water quality and water supply.
(2) Pay the principal, interest and premium, if any, due with respect to bonds issued
in whole for the purpose of this fund.
(3) Pay for the salary, wages and benefits of staff dedicated to advancing the
activities contained within this section and Section 10-16 of this charter.
(d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but shall
remain in the fund accumulating interest from year to year. The moneys in this fund shall
not be used for any purpose except those listed in this section.
(e) The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
(f) This fund shall be used for acquisition of land and easements and shall not be used for
development, maintenance or for any purpose other than as provided in this section.
(g) The highest and best use of this fund is to leverage the money in the fund by attracting
matching funds, although, matching funds are not required in every purchase.
(h) Any land acquired with this fund shall contain the following restrictive covenant in its
recorded deed of conveyance: "This land was acquired with moneys from the Public
Access, Open Space, and Natural Resources Preservation Fund. It shall be held in
perpetuity for the use and enjoyment of the people of Hawaii County and may not be
sold, mortgaged, traded or transferred in any way."
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(i) Any easement acquired with this fund shall contain the following restrictive covenant in
its recorded deed of conveyance: "This easement was acquired with moneys from the
Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in
perpetuity for the use and enjoyment of the people of Hawaii County and may not be
sold, mortgaged, traded or transferred in any way."
(2010, Prop. 1, sec. 1; 2012, Ord.No. 11-94, sec. 1; 2020,Prop. 6, sec. 1.)
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) For the purpose of this section, "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.
(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 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.
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(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 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 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;
(14) Mitigation of flooding problems including repair or restoration of existing
culverts, drainage features, or other similar flood control mitigation;
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(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.
(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 finance and the public access, open space, and natural resources
preservation commission the following:
(A) An application form obtained from the department of finance, which is
completed for each specific purpose or project;
(B) A copy of its letter of determination from the Internal Revenue Service
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;
(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 finance; and
(E) A signed agreement to file a written report to the department of finance
one year or less after receipt of funds or thirty days following project
completion, which shall include details as to what has been accomplished
on the project, actual costs, 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.
(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 any portion of a salary from this fund for
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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.
(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.
(8) The director of the department of 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.
(2012, Ord.No. 12-16, sec. 1; 2020,Prop. 10, sec. 1.)
Section 10-17. Disaster and Emergency Fund.
(a) In adopting each year's fiscal operating budget, the council shall appropriate a minimum
of one per cent of the certified real property tax revenues to a fund known as the disaster
and emergency fund. Additional funds may be deposited into the disaster and
emergency fund from state and federal grants, the federal emergency management
agency, private sources, and any other source of revenue. Such appropriation shall
continue until a minimum of$20,000,000 is accumulated in the fund. Use of the funds for
any of the purposes listed in this section may be permitted even if the target goal of
$20,000,000 is not met.
(b) Moneys in the disaster and emergency fund shall be utilized only for the following
purposes:
(1) Repair of county facilities and infrastructure damaged by a natural or human-
caused disaster or emergency;
(2) Cleaning of county property, including roads, drainage and sewage systems,
damaged by a natural or human-caused disaster or other emergencies when such
action serves a public purpose;
(3) Providing immediate response for services to deal with public health and safety
risks due to a natural or human-caused disaster or emergency in the form of
personnel, equipment, materials, supplies and service contracts;
(4) Matching federal, state or private grants-in-aid individually or in any combination
to develop or restore public property to a safe and useable condition;
(5) Paying for operational expenses of the county after a disaster or emergency when
the county is unable to realize revenue at sufficient levels due to the disaster or
emergency;
(6) Paying for acquisition of property to mitigate future potential disasters or
emergencies; and
(7) Paying for administrative expenses, which shall not exceed five percent except as
indicated in (5) above. For the purposes of this section, administrative expenses
are defined as staff or contracted salaries and related fringe benefits.
(c) If the county should receive reimbursement of funds for money advanced by the disaster
and emergency fund, those funds shall be deposited into the disaster and emergency fund.
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