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Home My WebLink AboutCOM 0072.001 2012-2014 BRENDA J. FORD '"''w' Council Member Phone: (808) 323-4277 District 6—Portion of -s_• _ Fax: (808) 329- 4786 N. Kona, South Kona, Ka`u, & Greater Volcano Area `,,°F;"' E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL • County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii 96740 DATE: January 21, 2013 1 TO: J Yoshimoto, Chairperson, and Members of the Hawaii County Council FROM: Brenda J. Ford, Council Member¢"' VV SUBJECT: Additional communication related to Bill 24 (Communication 72) Please provide the attached copy of Ordinance No. 11-94 as additional communication related to Bill 24 (Communication 72) in the Finance Committee. Mahalo. BJF/dkr Comm. No, Ref.To: Ref. Date J N 2 2 201;3 , Serving the Interests of the People of Our Island Hawai`i County Is An Equal Opportunity Provider And Employer Ordinances Numbered 11-94, 11-95, 11-96, 11-97, 11-98, 11-99, 11-100, 11-101, 11-102, & 11-103 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on October 19, 2011, by vote, as listed below: Ordinance 11-94 (Bill 87): An Ordinance to Initiate a Charter Amendment to Article X, Financial Procedures, Section 10-15, of the Hawaii County Charter(2010 Edition), Regarding the Public Access, Open Space, and Natural Resources Preservation Fund. AYES: Council Members Blas, Ford. Hoffmann, Pilago, Smart, Yoshimoto, and Chair Yagong— 7: NOES: Council Member Onishi — I; ABSENT: Council Member Ikeda— l; EXCUSED: None. Ordinance 11-95 (Bill 91): All Ordinance to Amend Ordinance No. 11-59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal year Ending June 30, 2012. AYES: Council Members Bias, Ford, Hoffmann, Pilago, Smart, Yoshimoto, and Chair Yagong— 7: NOES: None; ABSENT: Council Members Ikeda and Onishi —2; EXCUSED: None. Ordinance 11-96 (Bill 92): An Ordinance to Amend Ordinance No. 11-59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal year Ending June 30, 2012. AYES: Council Members Bias, Ford, Hoffmann, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 8; NOES: None; ABSENT : Council Member Ikeda— 1; EXCUSED: None. Ordinance 11-97 (Bill 93): An Ordinance to Amend Ordinance No. 11-59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. AYES: Council Members Bias, Ford, Hoffmann, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong— 8; NOES: None; ABSENT: Council Member Ikeda— 1; EXCUSED: None. Ordinance 11-98 (Bill 94): An Ordinance to Amend Ordinance No. 11-59, as Amended,the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. AYES: Council Members Bias. Ford, Hoffmann, Onishi, Pilago. Smart. Yoshimoto, and Chair Yagong— 8; NOES: None: ABSENT: Council Member Ikeda— I; EXCUSED: None. Ordinance 11-99 (Bill 95): An Ordinance to Amend Ordinance No. 11-59, as Amended. the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. AYES: Council Members Blas, Ford, Hoffmann, Onishi, Pilago. Smart. Yoshimoto, and Chair Yagong— 8; NOES: None: ABSENT: Council Member Ikeda— 1; EXCUSED: None. Ordinance 11-100 (Bill 96): An Ordinance to Amend Ordinance No. 11-59, as Amended, the Operating Budget for the County of Flawai`i for the Fiscal Year Ending June 30, 2012. AYES: Council Members Blas, Ford, Hoffmann, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong 8; NOES: None; ABSENT: Council Member Ikeda— I: EXCUSED: None. Ordinance 11-101 (Bill 97): An Ordinance Amending Chapter 12, Article 4 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Finance and Payment. AYES: Council Members Bias, Ford. Hoffmann, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong— 8; NOES: None; ABSENT: Council Member Ikeda— I; EXCUSED: None. Ordinance 11-102 (Bill 98 Draft 3): An Ordinance Amending Chapter 24, Article 2, Section 24-12 of the llawai'i County Code 1983 (2005 Edition. as Amended). Relating to Vehicles and Traffic. AYES: Council Members Blas, Ford, Hoffmann, Pilago. Smart, Yoshimoto, and Chair Yagong— 7: NOES: None: ABSENT: Council Members Ikeda and Onishi — 2; EXCUSED: None. Ordinance 11-103 (Bill 113): An Ordinance to Amend Chapter 2, Chapter 4, Chapter 14, Chapter 23, and Chapter 25, Hawai'i County Code 1983 (2005 Edition, as Amended), Relating to Non-Substantive Revisions Per Amendments to the Hawaii County Charter, AYES: Council Members Blas, Ford. Hoffmann, Pilago, Smart, Yoshimoto, and Chair Yagong 7: NOES: None; ABSENT: Council Members Ikeda and Onishi — 2; EXCUSED: None. j AVij tfid/ji Jamae K. K. Kawauchi • County Clerk yr Hawaii County is an Equal Opportunity Provider and Employer (1 lawai'i Tribune-Herald—November 18, 201 1) (West Hawai'i Today —November 18, 201 1) '1v os... COUNTY OF HAWAII - 4:"s4:•: STATE OF HAWAII aec. 11 94 BILL NO. 87 ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE X, FINANCIAL PROCEDURES, SECTION 10-15, OF THE HAWAII COUNTY CHARTER (2010 EDITION), REGARDING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article X, Financial Procedures, Section 10-15, of the Hawai`i County Charter(2010 Edition), relating to the Public Access, Open Space, and Natural Resources Preservation Fund, is amended to read as follows: "Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund. (a) In adopting each fiscal year's operating budget[ and capital program], the council shall appropriate a minimum of[one] 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[one] 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 grants and private contributions intended for the purpose of tz is-.sue hen] and any other source of revenue. (c) Monies in this fund shall be used solely to: (1) Purchase or otherwise acquire lands [or property entitlement:] and easements in the County of Hawai`i 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. (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. (t) 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 Hawai`i County and may not be sold, mortgaged, traded or transferred in any way." 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." SECTION 2. Charter material to be repealed is bracketed and stricken. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser need not include the brackets, bracketed material, or underscoring. SECTION 3. 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 severable. SECTION 4. Upon adoption of this ordinance, this council, by appropriate,resolution, shall provide that this amendment be submitted to the electorate of Hawai`i County for approval in the 2012 general election. 2 SECTION 5. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting on this legislation in the 2012 General Election, as duly certified. Notwithstanding the provisions of subsection (a), proration of the deposits affected by this legislation shall begin on November 7, 2012, INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Kona , Hawai`i Date of Introduction: September 21, 2011 Date of 1st Reading: September 21, 2011 Date of 2nd Reading: October 5, 2011 Date of 3rd Reading: October 19, 2011 Effective Date: Upon its approval by a majority of voters in the 2012 General Election, this Ordinance shall take effect on November 6, 2012. KEPERENCE1 Comm 327 3 „.... .. ...... . OFFICE OF THE COUNTY CLERK County of Hawai i Kona, Hawaii !--- Introduced By: Brenda Ford CAI.I, VOI L , - Date Introduced: September 21 , 2011 ' . AYES NOES ABS EX . , First Reading: September 21 , 2011 Blas X 1 ' Published: October 1, 2011 Ford X . , . I loffmann X RI :114RKS'. Ikeda X Onishi X -,— Pi lago . X 4 -4— I Smart : X Yanong : X --E- — Yoshimoto X 1 T i -1-- Second Reading: October 5 , 2011 . 7 2 I j 0 1 C 1 i I o Nila or: Returned: ROLL. CALL. VO EL Effective: r AYES NOES -r-- ! ! ABS l ,- Published: 1- X , Blas 1 , 1 _ - i- r-- Ford X REMARK S 4 ' HO frill an n ' X L •4 . ■ Ikeda , X H-: ----f Onishi X Pila,u,o , X Smart X 4 . . Yagonf X -- I Yoshimoto X 7 • C 2 ! . I DO HEREBY CERTIFY that the,faregoing BILL was adopted ht' the ( "aunt). ( 'ouncil pahlishecl co indicated 01)0 IC, APPROVED AS TO FOR •ND LEGALITY: ('01 AVII. c'11-111?PERSO1 • "U Y PO-------451-1ORATIO COUNSEL COU .TY OF HAWAII Date 0 CT 3 1 2011 couAlT CLERK Bili No., C- 327/PC- 130 Reference: Ipprovcd Di.s.upproved//its chef Ord No.: 11 94 . 20 liA FOR, ('OUNTY OF HA WA/'/ (Page 1 of 2) U ?d rt C .7_r�s1 OFFICE OF THE COUNTY CLERK �' T x,11 County of Hawaii .�a-'� ' Kona , Hawaii 2m1 1404 -3 pli 3: 52 Introduced 13■ ROLL CALL VOTE Date Introduced: AY i: TJ--- – - -------- ---_ _------ — , Ikeda a 1-- - Onishi Pilago Smart 1 Yagong 4- I Yost . toto Third Readin October 19, 2011 t -----_ -_- "Io Mayor: October 27 , 2011 Returned: tember 3, 2011 ROLL CALL VOTE Lftectiv�e: See "Remarks" section below AYES NOES ABS I.X Published: November 18,_2011 Bras X X Ford Effective: Upon its approval Hoffmann X by a majority of voters in the Il Ikeda x 2012 General Election, this Onishi X Ordinance shall take effect -- }tlago X i_ on November _6 _2412._----.-._-- Smart X Yagong X : Yoshimoto X 7 I 1 1 1 (L; 1 1)0 HEREBY CERTIFY that the foregoing BILL lvas adopted by the nrnty ('ouncil published u, indicated above. ` y APPROVED AS TO \ FPRM AND LE 1 ALITY 1 Al '1 c o(':V '/L C'11-11RPL .'u.1' 4 iE'UT CORPORATION , OUNSEL � "� el CO NTY OF HAWAII �� Date OCT 31 2011 ,(1( m L FRI, 130 No : WI 87 C 327/FA-HA Ahhruvec L) approved this clot Reference: 'v emb . 20 1) Ord No.: it - ol,1m l"OR, ('0L:'XT}"OF 1-1,1111-111 (Page 2 of 2)