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Home My WebLink AboutCOM 0943.003 2006-2008 . Os„ Dominic Yagong Phone: (808) 961-8538 Council Member FAX: (808) 961-8912 HAWAI `I COUNTY COUNCIL County of Hawai `i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 N O O CO February 21, 2008 m? C ) r'. MEMORANDUM TO: Pete Hoffman, Council Chair ca And Council Members = ro <n FROM: ominic Yagong, Council Member 4b SUBJECT: Bill No. 225 Please find proposed amendment to Bill No. 225, by amending Section 2-181, (a), to reflect that a minimum balance of $1,000,000 be maintained in the geothermal relocation and community benefits program account as follows: Section 2-181. Expenditures from fund. (a) The proceeds from the fund shall be used for the necessary expenses in administering and carrying out the purposes of the geothermal relocation and community benefits program. A minimum balance of $1,000,000 shall be maintained in the fund for expenditures relating to geothermal relocation. DY/la Comm; No. `7 •3 Ref. To: !t e Ref. Date. -FE9 21 2008 Hawaii County is an Equal Opportunity Provider and Employer w COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, HAWAPI COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RENAMING AND REDEFINING THE GEOTHERMAL RELOCATION PROGRAM TO THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, Article 36, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Article 36. Geothermal Relocation and Community Benefits Program. Section 2-177. Establishment. The planning department is hereby authorized to establish a geothermal relocation and community benefits program for the relocation of owner-occupants residing near the Puna Geothermal Venture's plant and who want to be permanently relocated, and to fund expenditures for the benefit of Lower Puna, as defined herein, including, but not limited to, road improvements, water infrastructure development, land acquisition, parks and recreational facility needs, civil defense and mass transit improvements. Section 2-178. Purchase and sale of affected properties. Notwithstanding any other provision of this Code, the planning director is hereby authorized to purchase the affected properties by negotiation for not more than one hundred thirty percent of the assessed value, as determined by the real property tax division of the department of finance and dispose of the affected properties by public auction or pursuant to article 19 of chapter 2, with the exception of the requirement for council resolution found in section [2 11 !(a)] 2-111(l . Section 2-179. Creation of geothermal relocation and community benefits [revelviegi-fund. Pursuant to section 10-12, Hawaii County Charter, a special [revolving] fund [to-be] known as the geothermal relocation revolving fund is hereby renamed the geothermal relocation and community benefits fund. This fund shall be administered by the planning department. [ Prooeeds received undo- th seetion relating to fanding in this aftiele shall be deemed re appropriated to the r Section 2-180. Funding. The geothermal relocation and community benefits program shall be funded by proceeds from the following sources: [(a)] f 1) Geothermal royalties received from the department of land and natural resources. [(b)] Proceeds from the sale of properties purchased under this program. [(e)] (3) Rental fees from any of the properties purchased under this program. Section 2-181. Expenditures from fund. (a) The proceeds from the fund shall be used for the necessary expenses in administering and carrying out the purposes of the geothermal relocation and community benefits program. A minimum balance of $1,000,000 shall be maintained in the fund for expenditures relating to geothermal relocation. Expenditures relating to the geothermal relocation and community benefits program include, but are not limited to: [(a)] W The costs of any necessary appraisals required under this program; [(b)] (22) The payment of necessary fees and expenses; [(e)] (3) The costs for the purchase of an affected dwelling and property in accordance with this chapter, if necessary; [and] [(d)] U The costs necessary to dispose of or rent affected dwelling and property[-] and Expenditures for public purposes including road improvement, water infrastructure, land acquisition parks and recreational facility needs, civil defense, and mass transit improvements. (A) Funds shall be expended in Lower Puna, which is defined as extending from Hawaiian Paradise Park subdivision to Kalapana and including Orchidland Estates Ainaloa, Hawaiian Beaches, Hawaiian Shores, Kapoho, Pahoa, Nanawale, Leilani Estates, and other communities proximate to Pahoa. (B) Expenditures under this subsection shall be made in accordance with appropriations adopted by the Hawaii County Council after receiving recommendations from the Planning Director. Section 2-182. Promulgation authority. The planning director is authorized to promulgate rules and regulations for implementation of the relocation program." SECTION 2. 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 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. 2 SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: 3