HomeMy WebLinkAboutCOM 0059.004 1996-1998 Hawaii County Council Feb. 19, 1997 {2Cl -,~~~~I~~
25 Aupuni Street ,
Hilo Hawaii, 96720 ~~111 ~~r~
Dear Council members,
The following is my Testimony on Ordinance No. 962 and Rule
10, Geothermal Relocation Program.
This ordinance authorizes the Planning Departmnent to establish
a Geothermal Relocation Program for owner-occupants. It also
authorizes the Planning Director to promulgate rules and
regulations for implementation of the relocation program.
Condition 51 of the GRP states thet "The administration and
expenditures of assets from this Geothermal Asset Fund shall
be in accordance with rules, regulations, and procedures
developed for that purpoise by the County in accordance with
Chapter 91, HRS, and with participation of Puna residents or
representatives thereof."
Rule 10 has been promulgated outside of Chapter 91 procedures.
There were no hearings or a public comment period. No community
members participated in the development of Rule 10. They are
not the same set of rules heard by the Planning Commission,
and passed by roll call vote. Indeed, they are far more
restrictive.
You are being asked today to subvert a whole process of public
participation and give the Planning Department the right to
establish these rules outside of Chapter 91 procedures. In HRS
205-5.1 paragraph (c) lines 6-12 the Planning Commission was
designated as the "appropriate county authority" for issuing
geothermal resource permits within agricultural, urban and rural
land districts, unless the County Council designated some other
agency or body to do that function. Has the "appropriate county
authority" as described in HRS 205 been taken away from the
Planning Commission, or is it being progressively changed to
the Planning Department little by little through ordinances
such as 962?
I attended the mediation sessions for GRP-21 have served on
every geothermal relocation committee established. I have
contributed hundreds of hours of my time over the years. Now
I come to hear that there is yet another set of rules that have
been filed and recieved on June 28 of 1996. Apparently the Mayor
and the Planning Director were not happy with the Rules the
Planning Commission adopted, despite their influence with
Commissioner Balog, and have opted to use this ordinance to
gain control over the fund.
Yes, the royalties do belong in the Geothermal Asset Fund. There
are already a set of rules adopted by Planning Commission and
provision for distribution in place. If an ordinance is required
Comm. No. S„/ • ~ ~ -
F91e 2(0. Fr~D~O PYL
Presented `o~„~i~
rra f R ~oo~
4
to place the royalties into the existing asset fund administered
by the Planning Commission according to Chapter 91, than this
ordinance should be amended to add the royalties to the existing
fund. To do otherwise woud be redundant.
Thank you for hearing my testimony, and I urge you as a Council
to find the proper vehicle to add the royalties to the asset
fund established by Condition 51 and the Planning Commission.
Jane Hedtke
P. O. Box 937
Pahoa, Hawaii. 96778