2013-01-10 Windward Transcript PD Rule 12

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LEITHEAD TODD: No, no. There’s, I’m trying to remember the exact rule number, but I think we can grab it for you. Because we were directed to create rules for the Royalty Fund, and we did as a Department. The Director does not make the rules for the Planning Commission. You can, you know, you do public hearing, you do rules for the Department. So we have Department rules that cover the use of the Royalty Fund. The rules that the Planning Commission has controls the use of the Asset Fund. So there are two different sets of rules. I think it was 10 but I wasn’t 100 percent sure. So it’s Planning Department Rule 10 that you may want to go and take a look at, which is our Geothermal Relocation Program. PETRICCI: Planning Department Rule 10, you said? LEITHEAD TODD: Yeah. T. TRAVIS: And that applies to the Royalty Fund? LEITHEAD TODD: Yeah. T. TRAVIS: So Rule 12 is the Commission’s rule then for the Asset Fund? LEITHEAD TODD: For the Asset Fund, yeah. I think that’s the confusion. Because we have Commission’s rules, we have Department’s rules -. PETRICCI: Do you have the paperwork so we can understand that better so when we come back -? NOMURA: Microphone, please. PETRICCI: Is there any kind of written rules or some way that we could get that in writing like –. LEITHEAD TODD: Well, we’ve, No. 1, I believe it’s on our website, the Planning Department’s rules. And you just go to Rule 10; and it’s in writing. And that’s the rules that we operate under. We also have a form that people typically use in order to apply for relocation. The other ways the fund gets utilized are basically through the County Council’s budgeting process or their resolutions. And that’s a separate process, because that’s through the County budget where they, that was when we were doing the community benefits projects; and they would actually put that into the budget. So if they put it in the budget, then it was already approved by the Council. PETRICCI: And that’s why we went to the Council first and asked for money from the Council. And then we were told that, oh, well, there’s another mechanism in place to do that, which is the Asset fund, and that that was the proper place to go. But then when we went to the, that’s what led us here. We have no real -. LEITHEAD TODD: Well, the other reason is that I have 22 requests which exceed the entire amount of money in the Royalty Fund. 6 EXHIBIT D