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HomeMy WebLinkAboutCOM 0039.001 2002-2004 +iV O• M4 ~'Lw i Harry Kim Dixie Kaetsu Managing Uireclor Mayor q4`. Peter T. Young Deputy Managing Director r ~ - . - (CDUlltp Df ~d~t~~y' 1 - ~ ? r ; 25 Aupuni Street Room 215 • Hilo, Hewai`i 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KON A: 75-5706 Kuakini Highway, Suile 103 • kiailu~,Ktina, Hawaii 96740 (808)329-5226 • Fax (ROS)326d1569•~ ~ , December 16, 2002 The Honorable James Y. Arakaki, Chairman, and Members of the Hawaii County Council County ofHawai`i Hilo, Hawaii 96720 Subject: Department of Hawaiian Home Lands Memorandum of Agreement Dear Chairman Arakaki and Members of the County Council: Last week I transmitted to you a resolution authorizing me to enter into a Memorandum of Agreement (MoA) with the Department of Hawaiian Home Lands (DHHL) that will resolve a number oflong-standing issues between the County and DHHL, and clarify our relationship. Briefly, I would like to review what this MoA will accomplish, section by section. Purpose and Guiding Principles These sections set forth the reason we are entering into the MoA, and state the principles we (the County and DHHL) agreed to follow in our negotiations. Planning Issues The practices of the Planning Department with respect to DHHL have varied over time, but since Walmart, the general attitude has been that Planning had no jurisdiction over DHHL land. Hence, DHHL could put its lands to the uses it wanted, but Planning would not review building permits, subdivision applications, and other kinds of land use permits. Under the MoA, DHHI. will continue to have the ultimate authority to determine land use on DHHL property. DHHL will decide land use issues through its planning system, which will involve consultation with County agencies, and give due consideration to County plans, such as the General Plan. The County will consult with DHHL in recommending General Plan map designations for DHHL property. DHHL will determine the appropriate zoning designations for its properties, based on their adopted land use plans, and communicate those to the County. Thereafter, th~CountNy 3 q. r mm. o. L k'ile No. Presenia Itef. To: Ref. Date SEC 1 8 2002 December 16, 2002 James Y. Arakaki Page 2 Planning Depaztment will regulate land use within that zoning district the same as for similarly zoned property. Example: if DHHL designated an area as RS-10 (single-family residential, 10,000 square foot minimum lot size) any subdivision of that azea would have to follow the Subdivision Code; the subdivision would be processed the same as a private subdivision. For new projects, DHHL would also put in the necessary ofl=site infrastructure to the same extent that would be required of a private developer. After subdivision, if a lot owner came in for a building permit, the Planning Department would review the permit for conformance with setbacks, height limits, and other zoning code issues, the same as in any RS-10 area. Public Works Issues In the building permit process, DHHL requested that they (DHHL and its lessees) be treated like any other applicant. Therefore, under the MoA, new applicants for structures on DHHL land will go through the regular permit process. For those lessees who have unpermitted structures on DHHL land, the County and DHHL still need to address how these structures will be permitted. DHHL and DPW have discussed this and are considering some sort of grandfathering because those structures were not required to have a permit at the time of construction. This is an azea for continuing discussion and collaboration. The County has taken over the responsibility for traffic requirements on DHHL roads, including signs, markings and lights. On engineering requirements (drainage, highways, etc.), permits will be required for land clearing, driveways, work within the County right-of--way, and so forth. Drainage will be addressed by DHHL like everyone else. The County and DHHL have discussed establishing a lesser standard for agricultural use and having existing DHHL roads brought up to that lesser standard so the County can take over their operation and maintenance. That new agricultural standard has not been established yet, but is being pursued by the County. Relating to the Enforcement of Criminal Violations on Hawaiian Home Lands This section clarifies that the Police Department is authorized to and will enforce violations of criminal law on Hawaiian home lands. Relating to Real Property Taxes This section covers the collection of delinquent real property taxes, penalties and interest. In the MoA, the County agrees to waive the penalty and interest on all delinquent real property taxes, excluding penalties and interest, owed by Hawaiian homestead lessees as of December 16, 2002 James Y. Arakaki Page 3 December 31, 2001. For those homestead lessees with real property tax balances of more than $500, DHHL will advance full payment of all real property taxes, excluding penalties and interest, to bring those bills current. The County and DHHL agree to meet on an annual basis to evaluate the extent of delinquencies by Hawaiian homestead lessees on the Island of Hawaii and take action, if, necessary, to keep delinquencies from recurring. The County and DHHL also agree to work to establish a customer trust fund by July 1, 2004 to collect real property tax payments as part of the mortgage or loan payments of lessees. The settlement of delinquent taxes per the MoA has already been accomplished. The Hawaii County Council authorized the Director of Finance to compromise the penalties and interest owed by lessees of Hawaiian Home Lands according to the terms of the MoA (Resolution 146-01, ]2/5/Ol). The DHHL on April 9, 2002, paid the County of Hawaii $506,583.13 in delinquent taxes, also according to the terms of the MoA. Areas for Further Collaboration This section recognizes that there are issues remaining that aze not addressed by the MoA. The County and DHHL agree to continue to work to resolve these issues. Termination This section sets forth how the MoA can be terminated, or its provisions further clarified or waived. Conclusion This document is the result of over a yeaz of work by the County and DHHL. Three joint public meetings were held to present the draft MoA to DHHL lessees and the general public (in Kona, Waimea and Hilo), and DHHL held numerous other meetings with concerned groups. In drafting this document, there has been a willingness by both the County and DHHL to arrive at a MoA that will clarify roles and responsibilities, with the ultimate goal of making things better for DHHL lessees, present and future. I thank you for your support of this important initiative. Aloha arry Kim MAYOR