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HomeMy WebLinkAboutCOM 0928.001 1998-2000 ~Mtv w N~y'i JAMES Y. ARAKnK1 .i Phone: (808) 961-8272 Councdb Fax: (808) 969-3291 COID\TTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 September 22, 2000 TO: Council Member FROM: James Y. Araka Chair RE: Resolution No. 32 0 Memorandum of Agreement With the Department of Hawaiian Home Lands I have requested a copy of the Memorandum of Agreement referred to in Resolution No. 322-00. The resolution was inadvertently transmitted without the attached Agreement. Att. Comm. No. 1 g' 00/ File No. TAX ! Qpr Ref. To: FC Ref. Date Z 22000 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HAWAIIAN HOME LANDS AND THE COUNTY OF HAWAII 1. Purpose This Memorandum is to confirm the basic responsibilities and agreements of the State of Hawaii, Department of Hawaiian Home Lands (DHHL) and the County of Hawaii (COUNTY) relating to the provision of COUNTY services on Hawaiian home lands and the settlement of delinquent real property taxes owed by homestead lessees. DHHL and the COUNTY recognize the unique status of Hawaiian home lands as trust lands set aside for the benefit of native Hawaiians under the Hawaiian Homes Commission Act, 1920, as amended (HHCA). The parties desire to enter into a Memorandum of Agreement which sets forth the roles and responsibilities of each party with regard to the review, processing, inspection, and enforcement of subdivision plans, building and other permits for projects on Hawaiian home lands; the maintenance of roads and other infrastructure improvements on Hawaiian home lands; and the assessment, payment and collection of real property taxes and other user fees. In accordance with the HHCA, applicable laws, and legal opinions of the State of Hawaii, DHHL and the COUNTY acknowledge the following: A. Hawaiian home lands disposed of under the provisions of the HHCA are exempt from county zoning, land use, and subdivision regulations. (AG op. 72-21) B. Roads on or over Hawaiian home lands shall be maintained by the county. 220(a), HHCA) C. Lessees are required to pay all taxes assessed on the land and improvements. (§208(7), HHCA) D. DHHL is authorized to enter into agreements for the maintenance of water systems under its exclusive control, and for the billing and collection of user fees. (§220(f), HHCA) E. County police departments are authorized to enforce criminal laws on Hawaiian home lands. Jim supra, Keoo'o supra) IL PROVISION OF COUNTY SERVICES ON HAWAIIAN HOME LANDS The COUNTY agrees to provide the following services to DHHL, its agents, and lessees on Hawaiian home lands: COH MOA 1 A. Maintenance of Roads and Other Infrastructure Improvements The COUNTY shall maintain and repair all roads through or over Hawaiian home lands, including surfaces, shoulders, roadsides, structures, and traffic control devices. The COUNTY also agrees to maintain other infrastructure improvements constructed in accordance with COUNTY standards, including street lighting, sewer and drainage systems, water pipelines, and storage facilities. The COUNTY shall erect or install appropriate structures and traffic control devices as may be needed to protect public health and safety, except when the need for such improvements or devices is the direct result of additional development initiated by DHHL. DHHL shall license such improvements to the COUNTY for maintenance, repair, and replacement under such terms and conditions as are mutually agreed upon by the parties. B. Processing of Subdivision Plans and Permit Applications DHHL is exempt from county zoning regulations. However, DHHL recognizes that the COUNTY has a legitimate interest in the orderly development of the entire island. DHHL shall notify the Chief Planning Officer of the COUNTY when new uses are proposed and provide that official with an opportunity to comment on the new use. DHHL also recognizes that the COUNTY possesses an administrative structure to process permits relating to land use and construction, and it desires to use the services of the COUNTY to review subdivision plans and construction permit applications from DHHL or its agents for projects on Hawaiian home lands. DHHL will determine the land use standards under which the project is to be reviewed. DHHL will also identify any land use standards from which it will exempt itself. DHHL will inform the COUNTY in writing of the land use standards and exemptions applicable to each respective project. The COUNTY shall accept subdivision applications for review and processing, issue applicable permits, and provide standard construction inspection services comparable to those provided to the general public. In consideration for these services, the COUNTY may charge and retain such fees as established by law for the provision of comparable services to the general public. All homestead and general lessees are required by DHHL to comply with the county building code. The COUNTY shall only accept and process applications for building permits from homestead and general lessees that are accompanied by a letter from DHHL approving the construction. The DHHL approval letter shall not be construed as an approval of the building plans. That responsibility shall remain with the COUNTY. The DHHL approval will indicate its concurrence with the type of construction proposed for the parcel by the applicant. The COUNTY may charge and retain such fees as established by law for the provision of comparable services to the general public. The COUNTY, however, reserves the right to decline to process building permit applications when there is a written finding by the Chief Planning Officer that the proposed structure would constitute COH MOA 2 a use which would either be a public nuisance or is inconsistent with the surrounding uses in the area. The COUNTY will notify DHHL when a violation of the COUNTY ordinances or regulations is identified and will assist DHHL in enforcing compliance. DHHL will treat such a violation by a homestead lessee as a breach of the DHHL homestead lease and will vigorously pursue appropriate administrative and legal remedies to cure the violation. DHHL shall have one year from the notice of violation issued by the COUNTY to resolve the violation, provided that additional time may be granted by mutual agreement of the parties. C. User Fees The COUNTY may assess fees for water, sewer, or other appropriate services to users of such services on Hawaiian home lands. The COUNTY will address delinquent fees or other violations in the same manner as with general public, except that the COUNTY may not place a lien on a homesteader's leasehold interest in the tract. The COUNTY shall notify DHHL of any such delinquency or violation of more than ninety days. DHHL shall treat such delinquency or violation as a breach of the DHHL homestead lease and will vigorously pursue appropriate administrative and legal actions to cure the breach. In the case of a general lessee, licensee, or permittee using Hawaiian home lands for non-homestead purposes, the COUNTY may take such legal action as it deems appropriate to address the delinquency or violation. DHHL shall assist the COUNTY in enforcing compliance, as necessary. D. Other County Services The COUNTY shall provide such other COUNTY services as are afforded all citizens of the COUNTY, including but not limited to, police and fire protection, and the maintenance of park facilities or other improvements licensed to the COUNTY. M. SETTLEMENT OF DELINQUENT REAL PROPERTY TAXES In consideration of the COUNTY'S agreement to waive the interest and penalty on the principal amount owed, DHHL agrees to advance payment of delinquent real property taxes owed by Hawaiian homestead lessees to the COUNTY as of June 30, 1999. Payment will be advanced on all accounts with a principal balance in excess of five hundred dollar; ($500.00). DHHL further agrees to make such advance payment within one hundred and twenty (120) days of the execution of this Memorandum of Agreement. The COUNTY and DHHL acknowledge that this is a one-time payment and that future delinquencies will be addressed in accordance with paragraph H.C. COH MOA 3 IV. INTERPRETATION AND TERMINATION DHHL and the COUNTY agree that this Memorandum of Agreement is intended to protect the interests of the parties in resolving the delinquent real property tax problem and insuring the ongoing provision of COUNTY services on Hawaiian home lands. It is the further intent of the parties as part consideration for this agreement that the parties will forego further pursuit of those claims which have been asserted against each other relating to the Panaewa Flood Control Project, the traffic signal at the corner of Makaala Street and Kanoelehua Avenue in Hilo, and the wood chip fire at Kawaihae. To achieve the objectives of DHHL and the COUNTY, either party may, by mutual agreement in writing, further clarify or waive any term or condition of this agreement, provided such action does not violate any applicable statutes, ordinances, or binding rules or regulations. DHHL and the COUNTY reserve the right to terminate this Memorandum of Agreement upon thirty (30) days notice in writing to the other party. In agreement thereof, the parties have entered into this Memorandum of Agreement on this day of 2000. COUNTY OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS By By 4r" - Stephen K. Yamashiro, Mayor Ra and . S on, Chairman Ha i H es Commission APPROVED AS TO FORM: By By Corporation Counsel Deputy Attorney General COH MOA 4