HomeMy WebLinkAboutComm No 0035.19 - Transmit CA-18 Draft 2 for First ReadingDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: March 11, 2019
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
To: Members of the Hawai`i County Charter Commission
From: Douglass Shipman Adams, Chair
Hawai`i County Charter Commission
William Carthage Bergin
Michelle Galimba
Paul K. Hamano
Kevin D. Hopkins
Bobby Jean Akane Leithead Todd
Sarah H. Rice
Christopher John Imiloa Roehrig
Marcia A.K. Saquing
Donna Mae Springer
RE: Transmitting CA -18, Draft 2, for First Reading; Proposed Amendment to Section
10-16, Relating to the Public Access, Open Space, and Natural Resources
Preservation Maintenance Fund; Submitted by Commissioner Rice
Please find attached CA -18, Draft 2, as properly formatted for First Reading.
CA -18 was amended by (material that was added is underscored):
(1) Subsection 10-16(g)(11): "Building and installation of small sheds or structures
for the storage of maintenance equipment;";
(2) Subsection 10-16(g)(12): "Building, installation and maintenance of structures to
provide protection from the elements;";
(3) Delete proposed new subsection (h) in its entirety; and
(4) Remove amendments in subsection (i)(6) and revert language to what is currently
provided for in the Charter.
CA -18, as amended to Draft 2, passed Initial Approval on March 8, 2019, and will be
placed on the April 25, 2019, meeting agenda for First Reading.
Should you have any questions, please contact our Commission Analyst, Jon Henricks.
DSA/jdh
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No. 35.19
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 financial aspects of the maintenance fund shall be handled 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.
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
[er] 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;
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(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;
[(4-0)]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)] 17 Mitigation of Americans with Disabilities Act compliance issues that may
arise during the course of public safety maintenance and preservation.
[Moneys in the maintenance fund shall not be used for planning, design,
development, or construction of new buildings, facilities, or infrastructure including
roads, paths, bridges, culverts, ramps, or drainage features. Money in the maintenance
fund shall 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
recreation] finance, which is completed for each specific purpose
or project;
(B) A [detailed business plan for the project that includes the name of
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the 501(c)3 nonprofit organization, the organization that operates
under the umbrella of a 501(c)3 nonprofit organization, if any, a]
copy of its letter of determination from the Internal Revenue
Service[] 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 [parks and recreation] finance; and
[E ](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, [and how 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. The
501(c)3 nonprofit shall sign an agreement so stating these conditions and
submit it with the application.
[(6)]LD 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 [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 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.
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Section 4. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect without the
invalid provision or application, and to this end, the provisions of this ordinance are
declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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