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Home My WebLink AboutCOM 0943.006 2006-2008 Emily L Naeole ~,.`a erww Council Member Mailing Address: Business Address: (Former County Building) 333 K7auea Avenue, Second Floor 25 Aupuni Street Ben Franklin Building Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hawai `i County Council County of Hawai `i Telephone: (808) 961-8267 Facsimile: (808) 961-8912 0 ao -r1 To: Pete Hoffmann, Chair OCR , 03 And Member of the County Council rv CO From: Emily I. Naeole f I~• -D Council Member 3 Date: February 27, 2008 Subject: Proposed Amendment to Bill 225, Draft 2, Regarding the Geothermal Relocation Fund. Attached for your consideration is a proposed amendment to Bill 225, Draft 2, regarding the geothermal relocation fund. This proposed amendment would make the following changes to the existing version of the bill: 1. Amend section 2-179, as contained in the existing draft of Bill 225, Draft 2, by making minor formatting changes. These proposed changes are ramseyered and shown in bold font, as follows: "Section 2-179. Creation of geothermal relocation and community benefits [revolvin ] fund. Pursuant to section 10-12, Hawaii County Charter, [a] the special [revolving] fund [to-be] known as the geothermal relocation revolving fund is hereby [erented] renamed the geothermal relocation and community benefits fund. This fund shall be administered by the planning department. [eeeds reeeived . ndef the seetien relating ie funding in this ai4iele "fell be Comm. No. 1 3. Ref. To: Cuuvi- Gi'- ' I Ref. Date F E B 2 200 Hawaii County is an Equal Opportunity Provider and Employer 2. Amend section 2-181, as contained in the existing draft of Bill 225, Draft 2, by removing the "(a)" following the title. Inclusion of this "(a)" incorrectly indicates that the section is divided into subsections. As there are no subsections, this "(a)" has been removed. This proposed change is ramseyered and shown in bold font, as follows: (Only the first sentence of section 2-181 is shown here, for illustrative purposes.) "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 copy of the bill that incorporates the proposed amendment is attached. In this attachment, the differences between the amendment proposed in this bill and the language in the existing County Code are ramseyered. EIN/ro 2 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, HAWAII 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 [2 111 2-111(1). Section 2-179. Creation of geothermal relocation and community benefits [revolving] fund. Pursuant to section 10-12, Hawaii County Charter, [a] the special [revg] fund [to-be] known as the geothermal relocation revolving fund is hereby [created] renamed the geothermal relocation and community benefits fund. This fund shall be administered by the planning department. [Pfeeeeds - e 'ea under the seetie« relating to a'ndin : this ,,..t:ole shall be Eleemed :,.ted to the geothermal feloeat e .L'Rng fu14-1 J Section 2-180. Funding. The geothermal relocation and community benefits program shall be funded by proceeds from the following sources: [(a))] (1) Geothermal royalties received from the department of land and natural resources. 3 [(b)] (2) 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. 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)] (1,) The costs of any necessary appraisals required under this program; [(b)] (2) 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)] (4) The costs necessary to dispose of or rent affected dwelling and property[.] , and Expenditures for public purposes including road improvement, water infrastructure, land acquisition, mks and recreational facility needs, civil defense, and mass transit improvements. (AA) 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) Exxvenditures 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." 4