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Home My WebLink AboutDIG First Reading 1-024 2010-2012 (12/7/11)Bills Numbered 128 (Draft 2), 135, 139 (Draft 2), 141 (Draft 2), 153, and 154 (Draft 2) I hereby certify that the following Bills passed first reading at the meeting of the Hawai`i County Council on December 7, 2011, by vote as listed below: Bill 128 (Draft 2): Initiates a Charter Amendment to Article X, Financial Procedures, of the Hawai`i County Charter (2010 Edition), by Adding a New Section for a Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. Adds a new section, "Public Access, Open Space, and Natural Resources Preservation Maintenance Fund" for the purpose of accruing and using the moneys for maintenance of lands and easements acquired by 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 Ikeda — 1; ABSENT: Council Member Onishi — 1; EXCUSED: None. Bill 135: Amends Chapter 24, Article 10, Division 5 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Parking. Amends Chapter 24, Article 10, Division 5, Section 24 -280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, paragraph 86, to read as follows: "(86) Kino`o1e Street, east (makai) side, from a point [ :. • . ] ninety- five feet [southeast] north (Hamakua) of [I4aili] Mamo Street [and extending one hundred feet] to Mamo Street." AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Blas — 1; EXCUSED: None. Bill 139 (Draft 2): Repeals Chapter 26 of the Hawai`i County Code 1983 (2005 Edition, as Amended), to be Replaced by a New Chapter 26, Relating to Fire. On January 1, 2010, the State Legislature and the State Fire Council, with approval from the Governor, adopted the 2006 NEPA 1 (Uniform Fire Code) as the Hawai`i State Fire Code. The State Fire Council has since amended this new State Fire Code, known as Title 12, Chapter 45.2, Department of Labor and Industrial Relations, which became effective at the same time as the State Fire Code. The State Fire Code, with State and respective County amendments, will be the referenced Fire Code. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 141 (Draft 2): Amends Ordinance No. 11 -60, as Amended, Relating to the Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Adds the following: Public Works: Tsunami Damage Projects — Federal Emergency Management Agency (FEMA) ($36,000) and Tsunami Damage Projects — County ($315,000); funds shall be provided from Federal Grants Receivable ($36,000) and General Obligation Bonds, Capital Projects Fund — Fund Balance and /or Other Sources ($315,000). AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Onishi — 1; EXCUSED: None. Bill 153: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2012. Increases revenues in Federal Grant — Prosecuting Attorney's Violence Against Women Training Project ($8,405); and appropriates same to Prosecuting Attorney's Violence Against Women Training Project. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Onishi — 1; EXCUSED: None. Bill 154 (Draft 2): Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Federal Grants — COPS 2011 Grant ($1,392,336); and appropriates same to COPS 2011 Grant. AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Blas — 1; EXCUSED: None. mae K. K. Kawauchi OUNTY CLERK Hawai`i County is an Equal Opportunity Provider and Employer (Hawai`i Tribune Herald — December 17, 2011) (West Hawai`i Today — December 17, 2011) AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) LEILANI K. R. HIGAKI , being first duly sworn, deposes and says: 1. That she is the BUSINESS MANAGER of HAWAII TRIBUNE - HERALD , a newspaper published in the City of HILO State of Hawaii. 2. That the "Bills Numbered 128 (Draft 2), 135, 139 (Draft 2), 141 (Draft 2), 153, and 154 (Draft 2)...etc., 11 of which a clipping from the newspaper as published is attached hereto, was pub- lished in said newspaper on the following date(s) December 17, 2011 40276r1 , (etc.). Subscribed and sworn to before me this 22nd day of December, 2011 SHARON H. P. OGATA Notary Public, Third Circuit, State of Hawaii My commission expires October 19 26`x2 Page(s): 1 Bills Numbered 128 (Draft 2), 135, 139 (Draft 2), 141 (Draft 2), 153, and 154 (Draft 2) I hereby certify that the following Bills passed first reading at the meeting of the Hawaii County Council on December 7, 201,,byvote as listed below: Bill 128 (Draft 2): Initiates a Charter Amendment to Article X, Financial Procedures, of the Hawaii County Charter (2010 Edition), by Adding a New Section for a Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. Adds a new section, "Public Access, Open Space, and Natural Resources Preservation Maintenance Fund" for the purpose of accruing and using the moneys for maintenance of lands and easements acquired by 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 Ikeda - 1; ABSENT: Council Member Onishi - 1; EXCUSED: None. Bill 135: Amends Chapter 24, Article 10, Division 5 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Parking. Amends Chapter 24, Article 10, Division 5, Section 24 -280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, paragraph 86, to read as follows: "(86) Kino`ole Street, east (makai) side, from a point [few rundred t♦ ty- ] ninety- five feet [southeast] north IHamakual of [Haiti] Mamo Street [ to Mamo Street." AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 8; NOES: None; ABSENT: Council Member Blas - 1; EXCUSED: None. Bill 139 (Draft 2): Repeals Chapter 26 of the Hawaii County Code 1983 (2005 Edition, as Amended), to be Replaced by a New Chapter 26, Relating to Fire. On January 1, 2010, the State Legislature and the State Fire Council, with approval from the Governor, adopted the 2006 NEPA 1 (Uniform Fire Code) as the Hawaii State Fire Code. The State Fire Council has since amended this new State Fire Code, known as Title 12, Chapter 45.2, Department of Labor and Industrial Relations, which became effective at the same time as the State Fire Code. The State Fire Code, with State and respective County amendments, will be the referenced Fire Code. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill and)Financing Ordinance No. 11-60, as for the Fiscal Year July Amended, 201 o Relating 2012. Adds Public following: Public Works: Tsunami Damage Projects - Federal Emergency Management Agency (FEMA) ($36,000) and Tsunami Damage Projects - County ($315,000); funds shall be provided from Federal Grants Receivable ($36,000) and General Obligation Bonds, Capital Projects Fund - Fund Ikeda, Pilago, Smart, Other Sources and ChaiS ago Yagong ; NOES: None; ABSENT: Council Member Member Onishi - 1; EXCUSED: None. Bill 153: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. Increases revenues in Federal Grant - Prosecuting Attorney's Violence Against Women Training Project ($8,405); and appropriates same to Prosecuting Attorney's Violence Against Women Training Project. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 8; NOES: None; ABSENT: Council Member Onishi - 1; EXCUSED: None. Bill 154 (Draft 2): Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai'i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Federal Grants -COPS 2011 Grant ($1,392,336); and appropriates same to COPS 2011 Grant. AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 8; NOES: None; ABSENT: Council Member Blas -1; EXCUSED: None. Jamae K. K. Kawauchi COUNTY CLERK Hawaii County is an Equal Opportunity Provider and Employer (40276r1 Hawaii Tribune - Herald: December 17, 2011) AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) Verna Lee, being first duly sworn, deposes and says: 1. That she is the Executive Secretary of WEST HAWAII TODAY, a newspaper published in the City of Kailua Kona, State of Hawaii. 2. That "Bills Numbered 128 (Draft 2), 135, 139 (Draft 2), 141 (Draft 2), 1 53 and 154 (Draft 2)" of which a clipping from the newspaper is attached hereto, was published in said newspaper on the following date(s) December 17, 2011 (etc.) Subscribed and sworn to before me This lam" day of ZAV7 , 2011 Notary Public, Third Circuit, State of Hawaii Judy Alices Is ,��•?A�ICFS,, NOTARY PUBLIC No. 10 -389 OF HP My Commission expires: NOV 1 4 2014 cate:12 # Page(s): 1 Name: Judy Alices Description # Pages -. Third Circuit . col h`D►i v,,, NOTARY PUB! IC • No. 10.389 • OF F\1\v, Bills N*.unblsred 128 (Draft 2), 135, 139 (Draft 2), 141 (Draft 2), 153, and 154 (,Draft 2) I hereby certify that the following Bills passed first reading at the meeting of the Hawaii County Council on December 7, 2011, by vote as listed below: Bill 128 (Draft 2): Initiates a Charter Amendment to Article X, Financial Procedures, of the Hawai`i County Charter (2010 Edition), by Adding a New Section for a Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. Adds a new section, "Public Access, Open Space, and Natural Resources Preservation Maintenance Fund" for the purpose of accruing and using the moneys for maintenance of lands and easements acquired by the Public Access, Open Space, and Natural Resources Preservation Fund. AYES: Council Members Blas, Ford, Hoffinann, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: Council Member Ikeda — 1; ABSENT: Council Member Onishi — 1; EXCUSED: None. Bill 135: Amends Chapter 24, Article 10, Division 5 of the Hawai' County Code 1983 (2005 Edition, as Amended), Relating to Parking. Amends Chapter 24, Article 10, Division 5, Section 24 -280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, paragraph 86, to read as follows: "(86) Kino`ole Street, east (makai) side, from a point [four hun h,,d ninety -five feet [southeast] north (Hamakua) of [HailI) Mamo Street [ feet] to Mamo Street." AYES: Council Members Ford; Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Blas —1; EXCUSED: None. Bill 139 (Draft 2): Repeals Chapter 26 of the Hawaii County Code 1983 (2005 Edition, as Amended), to be Replaced by a New Chapter 26, Relating to Fire. On January 1, 2010, the State Legislature and the State Fire Council, with approval from the Governor, adopted the 2006 NEPA 1 (Uniform Fire Code) as the Hawai`i State Fire Code. The State Fire Council has since amended this new State Fire Code, known as Title 12, Chapter 45.2, Department of Labor and Industrial Relations, which became effective at the same time as the State Fire Code. The State Fire Code, with State and respective County amendments, will be the referenced Fire Code. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 141 (Draft 2): Amends Ordinance No. 11 -60, as Amended, Relating to the Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Adds the following: Public Works: Tsunami Damage Projects — Federal Emergency Management Agency (FEMA) ($36,000) and Tsunami Damage Projects — County ($315,000); funds shall be provided from Federal Grants Receivable ($36,000) and General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($315,000). AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Onishi — 1; EXCUSED: None. Bill 153: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. Increases revenues in Federal Grant — Prosecuting Attorney's Violence Against Women Training Project ($8,405); and appropriates same to Prosecuting Attorney's Violence Against Women Training Project. AYES: Council Members Blas, Ford, Hoffinann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Onishi —1; EXCUSED: None. Bill 154 (Draft 2): Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Federal Grants — COPS 2011 Grant ($1,392,336); and appropriates same to COPS 2011 Grant, AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: None; ABSENT: Council Member Blas — 1; EXCUSED: None. Jamae K. K. Kawauchi COUNTY CLERK Hawai`i County is an Equal Opportunity Provider and Employer (No. 52863 -West Hawaii Today: December 17, 2011)