2017-02-22 BDHRA Minutes - Laserfiche WebLink

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DELIMA: Thank you, Mr. Roehrig. Any questions? Thank you. ROEHRIG: Thank you. DELIMA: We'll call James McCully. Good afternoon James. McCULLY: Thank you Chair, good afternoon, members of the committee. When I saw the notice I thought I would come and observe and offer comments or answer questions if I could contribute. But earlier today I was testifying in support of a resolution at the Council, and there's been an unfortunate consequence to some of the bills,which is that there has started to evolve a position in opposition to certain economic development bills oriented towards Waiakea Peninsula, Banyan Drive, and East Hawaii. And they liken the bills, in particular 1469, HB 1469,to the PLDC,which is anathematic in our political culture. And it's a very unfortunate comparison, and it's unwarranted,undeserved,but it's an easy one to make if you have a general concern about statutory reform or the use of public lands. So I can tell you that the people that are supporting these bills, and I'm one of them, I'm here representing only myself, James McCully,but KIAA of which I'm a member, is actively supporting these bills in the interest of our economic development and I'm going to suggest certain amendments to 1469 to take out perhaps the most egregious. What's happened is the email that went out is called the"dirty dozen,"it's from a thousand, Hawai`i's thousand friends. Unfortunately HB 1469 is one of this sessions "dirty dozen," and it has to do with a passage that seem to exempt the district from rules and regulations and it's 171F, section F, it's on page 13 of HB 1469 or SB 1185. This is an unnecessary passage. This bill is almost an omnibus bill. It covers the regulatory—the statutory reform necessary to affect modernizing the leases and the public land use. And that's really the crux of the issue and that's why Banyan Drive looks the way it does. That's why KIAA looks the way it does. That's the crux of the issue; is the statutory framework. It was developed when Hawaii had 900,000 acres of agricultural and pastoral leases, and less than 600 acres in urban designation, according to the last LRB study in '67, '65. So we've changed a lot as a state since then,but our statutory framework is stuck. And we have this artificial arbitrary limit of 65 years. That's unnecessary in the future. Leases should be oriented towards economic use. Economic leases should be oriented towards economic use, and Banyan Drive's a perfect example. The Act 55 in the year 2000,which is what catalyzed the conversion of the Naniloa from what it was to what it is now,which I think all of us acknowledge is vast improvement in the past few years,was a problem because that Act was deemed unconstitutional; it was a special law. It was through Land Division's use of other statutory framework, 17161 [sic],that did affect the auction. However,the Legislature knew this was an ongoing problem so they made a better law, Act 219. Unfortunately,we know that sunsetted [sic]. But that's the basis for bills that are in front of the Legislature now. They've proven effective. Chair Case,to her credit, has suggested in her testimony that she considers that a proper avenue forward or one that the Department considers viable. And she offers it in all of her testimony on the bills and I appreciate that. So I look forward to making progress this session and I look forward to trying to prevent more shade from being thrown upon our efforts to make Hilo a better place. DELIMA: Any questions? Thank you. Patty Heidenfeldt. HEIDENFELDT: Good afternoon. I wanted to talk just briefly about in your process of your development in your plans on preserving the banyan trees. I know there's been some articles Page 5 of 18 Banyan Drive Hawaii Redevelopment Agency February 22,2017,Minutes