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HomeMy WebLinkAboutCOM 0438.001 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona DATE: TO: FROM: SUBJECT: Phone: Fax: E -Mail: HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74 -5044 Ane Keohokalole Hwy. Kailua -Kona, Hawaii 96740 November 1, 2011 Dominic Yagong, Chairperson, and Members of the Hawai`i County Council Brenda J. Ford, Council Member (808) 323-4277 (808) 329- 4786 bford @co.hawaii.hi.us Slo Vi Proposed Amendments to Bill No. 130; An Ordinance Amending Chapter 2, Article 41, Section 2 -208, Section 2 -209, and Section 2 -210 of the Hawai`i County Code 1983 (2005 Edition, As Amended), Relating to the Disaster and Emergency Fund Please find attached proposed amendments to Bill No. 130, section 2 -209, Funding. Amendments are illustrated below via Ramseyer format with respect to the contents of Bill No. 130 (material to be deleted is bracketed and stricken through, material to be added is underscored): Section 2 -209, as provided in Bill No. 130 is amended to read as follows: "Section 2 -209. Funding. (a) Each fiscal year, [ as recommended by the mayor and approved by the council; however,] the minimum amount to be appropriated into the disaster and emergency fund [each fiscal year] shall be $250,000. (b) The council hereby establishes a policy for the disaster and emergency fund to have a targeted funding amount of $10,000,000. This policy does not preclude the use of the funds for any reason listed in section 2 -210 even if the targeted amount is not met. (c) Additional funds may be deposited in the disaster and emergency fund from state or federal grants, the Federal Emergency Management Agency, private sources, and any other source of revenue." A draft copy of Bill No. 130, Draft 2, is attached incorporating these amendments. BJF /dkr att. Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer Comm. No. / 3 s. Ref. To: v P.P.C.- Ref. Date 1 2011 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 41, SECTION 2 -208, SECTION 2 -209, AND SECTION 2 -210 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE DISASTER AND EMERGENCY FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. A government should have a policy to guide the financial actions it will take in the event of emergencies, natural disasters, or other unexpected events. Such a policy identifies how the types of emergencies or unexpected events shall be handled from a financial management perspective. A sound fiscal policy with special funds that are sufficiently funded and managed can also help expedite relief efforts when an emergency does occur and allows the government to recover more quickly or more effectively in the event of a natural or human - caused disaster or emergency. Ordinance No. 04 -4 established the disaster and emergency fund to provide a strong fiscal policy that is dedicated to preserving the health, safety, and welfare of the citizens of the County, with the additional benefit of continuing to demonstrate sound financial management. Bolstering the County's contingency plan in advance of such situations may be viewed positively by rating agencies when evaluating a government's credit quality. The purpose of this ordinance is to ensure that the County has sufficient funding in place in the event of a natural or human - caused disaster or emergency and to further demonstrate appropriate and prudent management of County finances. SECTION 2. Chapter 2, article 41, section 2 -208, of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2 -208. Creation of fund [.J; purpose. Laj Pursuant to section 10 -12, Hawaii County Charter 2010, a special fund to be known as the disaster and emergency fund is created. (b) The purpose of the disaster and emergency fund is to accumulate sufficient supplemental financial resources to respond to public health and safety emergencies, and to rebuild, repair, or replace County facilities and infrastructure damaged by natural or human - caused disasters or emergency events." SECTION 3. Chapter 2, article 41, section 2 -209, of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2 -209. Funding. [The disaster and emergency fund shall be funded each fiscal year by the council appropriating a minimum of $100,000.] faj Each fiscal year, the minimum amount to be appropriated into the disaster and emergency fund shall be $250,000. (b) The council hereby establishes a policy for the disaster and emergency fund to have a targeted funding amount of $10,000,000. This policy does not preclude the use of the funds for any reason listed in section 2 -210 even if the targeted amount is not met. Additional funds may be deposited in the disaster and emergency fund from state or federal grants, the Federal Emergency Management Agency, private sources, and any other source of revenue." SECTION 4. Chapter 2, article 41, section 2 -210, of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2 -210. Expenditures from the disaster and emergency fund. The [moneys] money in the disaster and emergency fund shall only be [only] utilized for the following purposes: (1) To repair [county] County facilities and infrastructure damaged by a natural or [man caused] human - caused disaster or emergency. (2) To clean up County property, including roads, drainage, and sewage systems, damaged by a natural or [man caused] human - caused disaster or other emergencies when such action serves a public purpose. To provide immediate response for services to deal with public health and safety risks due to a natural or [man caused] human - caused disaster or emergency in the form of personnel, equipment, materials, supplies, and service contracts. (4) To match federal, state, [and/or] or private grants -in -aid individually or in any combination to develop or restore public property to a safe and useable condition. To pay 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) To pay for administrative expenses, which shall not exceed five percent of this fund [-] 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." (3) (5) SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does 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 to be severable. SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 7. This ordinance shall take effect upon its approval.