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HomeMy WebLinkAboutCOM 0710.001 2010-2012DOMINIC YAGONG Council Chairperson Council District 1 Hawai `i County Council County of Hawai `i 25 Aupuni Street Hilo, Hawai `i 96720 May 16, 2012 To: Members of the Hawai`i County Council From: Dominic Yagong, Chairperson _. Subject: Proposed Amendments to Bill No. 256 Email: dyagong @co.hawaii.hi.us Phone: (808) 961 -8264 Fax: (808) 961 -8912 Please find attached proposed amendments to Bill No. 256. The proposed amendments are illustrated below by Ramseyer format with respect to the contents of Bill No. 256 (material to be deleted is bracketed and stricken through; material to be added is underscored). Bill No. 256 is amended by amending the new section 2- 182._. (Terms of relocation) to read as follows: "Section 2- 182._. [ Terms of rclocation.]Qualifications for relocation. All properties with a habitable structure located thereon that are located within a one -mile radius of a geothermal power production facility shall be eligible for relocation[ so long as the owner applies for relocation prior to December 31, 2012]." A draft copy of Bill No. 256, Draft 2, is attached with the above amendments incorporated therein. DY /sao Att. Serving the Interests of the People of Our Island Hawai `i County Is An Equal Opportunity Provider And Employer Comm. No. 7/0. 1 Ref. To: P1awEsc_ Ref. Date MAY 16 2612 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM TO THE GEOTHERMAL RELOCATION AND PUBLIC SAFETY PROGRAM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, Article 36, Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Article 36. Geothermal Relocation and [ ] Public Safety Program. Section 2 -177. Establishment. The planning department is hereby authorized to establish a geothermal relocation and [community benefits] public safety program for the relocation of owner - occupants residing near [the Puna Geothermal Venture's plant] a geothermal power producing facility and who want to be permanently relocated, the acquisition of any property with a habitable structure located thereon that is located within a one -mile radius of a geothermal power producing facility, and [to fund expenditures for the benefit of Lower Puna, as defined land acquisition, parks and recreational facility needs, civil defense and mass transit imprevementsd to provide for the mitigation of public health and safety concerns raised as a result of living in close proximity to geothermal power generation. Section 2 -178. Purchase [fie] 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 ]. Properties purchased under this section shall be held uninhabited by the County to create a public health and safety buffer zone between residential properties and the geothermal power production facility. Section 2 -179. Creation of geothermal relocation and [ ] public safety fund. Pursuant to section 10 -12, Hawai`i County Charter, the special fund known as the geothermal relocation revolving fund is hereby renamed the geothermal relocation and [community benefts] public safety fund. This fund shall be administered by the planning department. Section 2 -180. Funding. The geothermal relocation and [ : • . . ] public safety program shall be funded by proceeds from the following sources: (1) Geothermal royalties received from the department of land and natural resources. (2) Proceeds from the sale of 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] public safety 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] public safety program include, but are not limited to: (1) (2) The costs of any necessary appraisals required under this program; The payment of necessary fees and expenses; (3) The costs for the purchase of an affected dwelling and property in accordance with this chapter, if necessary; (4) The costs necessary to dispose of [er -rent] affected dwelling [and - property]; and [(5) 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 Shores, Kapoho, Pahoa, Nanawale, Leilani Estates, and other communities proximate to Pahoa. appropriations adopted by the Hawai`i County Council after receiving recommendations from the Planning Director.] (5) Expenditures relating to public health and safety, as determined by the civil defense agency. Examples of authorized expenditures include but are not limited to health studies, air monitors, a monitoring service to maintain constant monitoring of emissions and air quality, and a public notification system to advise the public in the event that emissions of an unsafe level are detected. (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 section shall be made in accordance with appropriations adopted by the County council after receiving recommendations from the civil defense administrator. Section 2 -182. Promulgation authority. The planning director is authorized to promulgate rules and regulations for implementation of the relocation program. Section 2 -182.. Qualifications for relocation. All properties with a habitable structure located thereon that are located within a one -mile radius of a geothermal power production facility shall be eligible for relocation.