HomeMy WebLinkAboutCOM 0032.086 2006-2008 Puby ~F h4W
GO,.• ~ 9.
Harry Kim Dixie Kaetsu
Mayor Managing Director
, Bazbara Kossow
4~F'0~'N P~~
Deputy Managing Director
~ountp of ~a~uai`i
891 Ululani Street Hilo, Hawaii 96720 • (808) 96I-821 I Fax (808) 961-6553
KONA: 76-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 _ =,.i
(808) 329-5226 Paz (808) 326-5663 ~
October 15, 2007 ~
The Honorable Pete Hoffmann, Chairperson, and Members of the County Council -
County of Hawaii -
333 Kilauea Avenue
Hilo, Hawaii 96720
Re: BiII 167 -Memorandum of Agreement with Department of Hawaiian Home Lands
Dear Chairperson Hoffmann and Council Members:
At the last Council meeting, I understand some questions were raised about the Memorandum of Agreement executed
in 2002 with the Department of Hawaiian Home Lands (DHHL). While no current members of the County Council
were serving at that time, the Council was kept in the communication loop from the beginning of the process to
develop the attached Memorandum of Agreement. The following is provided for your information.
There were longstanding questions of authority and responsibility between the Department of Hawaiian Home Lands
and the County of Hawaii when this administration took office in 2000. These included issues related to building
permits, road maintenance, and enforcement of laws by police on DHHL property. In addition, there was a large
outstanding real property tax delinquency because some lessees did not accept their responsibility to pay property
taxes to the County.
In early 2001, we met with Ray Soon, the Chairperson of DHHL, who expressed great interest in working with the
County to clarify our respective roles and responsibilities and resolve the various issues that were confusing staff on
both sides as well as the DHHL lessees. This effort was kicked off with a meeting involving County department
heads and top staff of DHHL. The Chairperson of the County Council attended this meeting, which led to over a year
of smaller meetings that focused on specific issues.
Afrer a joint proposal was prepared, it was taken to the DHHL lessees in public meetings in Hilo, Kona and Waimea.
Afrer input from these public meetings, a Memorandum of Agreement was drafted and executed.
Attached is a table summarizing the major issues between various County departments and DHHL, along with
information on how the issues were resolved in the Memorandum of Agreement.
Alo a,
arry Kim
MAYOR
Comm. No. ,loZ.
Attachments
Ref. To: ~aHrtel) Z/'-'
Ref. Uote OCT 1 7 2007
Hawaii County is an equal opportunity provider and employer.
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GWDA LllVGLE - RAVNARD C. SOON
WVPAWR ~ CHAIPMAN
STALE OF NAWNI HAWNIAN NOMES COFPYSSION
STATE OF HAWAII '
DEPARTMENT OF HAWAIIAN HOME LANDS
P.O. BOX 18'!9
HONOLULU, HAWAII 96805
December 20, 2002
The Honorable Harry Kim, Mayor
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mayor Kim:
Subject: County of Hawaii-DHHL Memorandum of Agreement
We are transmitting for your review and execution two (2) copies
of the Memorandum of Agreement (MOA) between the County of
Hawaii and the Department of Hawaiian_Home Lands (DHHL). After
you have signed the two copies of the MOA, please retain one
copy for your files and return the other to our Office.
Let me again express my mahalo and appreciation to you and the
members of your Cabinet for the support and cooperation provided
throughout this process. The MOA is a historic document, and I
believe that DHHL and the County can look forward to a strong
and positive working relationship in the years ahead that will
benefit the many Hawaiian families living in our homestead
communities .
Thank you also for your kind and gracious comments before the
County Council.' It has -truly been an honor and a pleasure
working with you.
Alo ,
I
Ra nar fC Soon, Chairman
Ha aiia omes Commission ~
F p ~
Enc. ~1Gr /
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Memorandum of Agreement Between the County of Hawaii
and the Department of Hawaiian Home Lands
I. Purpose
The purpose of this Memorandum of Agreement (MOA) is to clarify the respective roles,
responsibilities, and obligations of the County of Hawaii (County) and the Department of
Hawaiian Home Lands (DHHL) relating to land use planning, infrastructure maintenance,
enforcement of laws, and collection of lases and other fees on Hawaiian home lands.
II. Guidine Princiules
The following general principles have guided the development of this MOA:
A. The Hawaiian Homes Commission is responsible for determining land use on
Hawaiian home lands. The County may not use its land use and zoning powers to
prevent the Hawaiian Homes Commission from controlling the use of Hawaiian
home lands.
B. The County and DHHL share common goals in planning for the use of Hawaiian
home lands: both support the orderly development of those lands for the benefit of
native Hawaiians and both are committed to the integration of planning by DHHL
and Hawaii County.
C. The County should manage and maintain all infrastructure built to County
standards
D. The County is authorized to enforce criminal laws and applicable County
ordinances and regulations on Hawaiian home lands.
E. Hawaiian homestead lessees are residents of the County of Hawaii and should be
treated in a manner consistent with all other residents of the County.
F. Hawaiian homestead lessees should pay all taxes and fees required by law.
G. The County and DHHL acknowledge that there are areas where agreement will
not be reached, and agree to continue to work together towazd a mutually
acceptable resolution of such issues.
III. Relatine to Planning and Land Use
A. DHHL will implement its Planning System which includes plans with DHHL land
use designations such as the Hawaii Island Plan, various Development and
Subdivision Plans, and Homestead Community Plans. In the formulation,
updating, and amendment of these plans, DHHL will consult with the relevant
County departments, and shall give due consideration and weight to their
COH/DHHL Memorandum of Agreement
Page 2
comments, and to the Hawaii County General Plan, and other officially adopted
plans such as Community Development Plans. All land uses on DHHL property
will be placed according to the applicable DHHL plans.
B. The County will consult with DHHL over the appropriate designations of DHHL
property in the Hawaii County General Plan LUPAG maps, and shall give due
weight and consideration to the comments of DHHL, and to officially adopted
DHHL plans.
C. Based on its plans and DHHL land use designations, DHHL will determine the
appropriate County zoning districts that shall apply to the property in question.
DHHL will communicate these zoning districts to the County.
D. All normal land use controls will be applied by Hawaii County to DHHL property
according to the zoning district selected by DHHL. Except as specifically
provided in the Agreement, DHHL will follow all normal land use procedures,
regulations, and standards applicable to the zoning district.
E. All land use permit applications on Hawaiian home lands must be accompanied
by written consent from DHHL before the County can begin processing those
applications.
F. The standards of the various zoning districts selected will apply to DHHL
property. DHHL and its lessees will go through normal County administrative
variance procedures if they seek exemptions from standards.
G. For uses allowed in the various zoning districts that require special permits or use
permits, DHHL and its lessees will go through the applicable County permit
procedures. At some time in the future, DHHL may implement its own use
permit procedure for Hawaiian home lands. If DHHL grants use permits, it will
be responsible for enforcing violations of those permits. The County will be
notified when DHHL has formulated its use permit system.
H. The County will advise DHHL of all violations by its lessees. The County will
enforce land use codes and regulations on Hawaiian home lands in the same
manner as with other landowners. DHHL will cooperate with the County in
enforcing the terms of its leases requiring conformity to applicable laws and
regulations, if requested by the County. Ongoing violations and failure to comply
will be referred to DHHL after the County has exhausted all remedies short of
pursuing legal action to address the violation. DHHL may institute lease
enforcement proceedings in advance of, or in lieu of, County enforcement actions.
COH/DHHL Memorandum of Agreement
Page 3
N. Relatine to Public Facilities and Infrastructure Serving Hawaiian Home Lands
A. In the development of future projects, DHHL will construct public facilities in
accordance with County standards. Where departures from County standards are
desired, DHHL will pursue exemptions and other administrative variances from
the appropriate County department, in accordance with procedures established for
all property owners. Should DHHL choose not to construct infrastructure in
accordance with County standards, the County may view such improvements as
private facilities for repair and maintenance purposes.
B. The County will accept operation, repair, and maintenance of all future DHHL
infrastructure constructed according to County standards.
C. Existing infrastructure shall he subject to County inspection prior to being
accepted by the County for operation, repair, and maintenance. The County may
require DHHL to repair any damage such as leaks, holes, sags, or deterioration
affecting the operation of the existing infrastructure, identified as a result of the
inspection.
D. In the case of existing infrastructure that is not constructed to County standards,
the County and DHHL will work to establish minimum standards for residential,
agricultural, and pastoral subdivisions. Existing projects will be evaluated based
on these new standards. The County may require DHHL to upgrade the
infrastructure to the minimum standard prior to being accepted by the County for
operations, repair, and maintenance.
E. The County will maintain infrastructure according to its own standards, resources
and schedules. Any decisions as to upgrades or rehabilitation will be at the
County's discretion.
F. Should DHHL elect to convert its land to a more intensive land use, DHHL will
be responsible for upgrading the ofsite infrastructure to accommodate the new
use, and will consult with the County regarding the need to upgrade offsite
infrastructure. DHHL and the County shall negotiate the extent to which DHHL
will be responsible for any such offsite improvements requested by the County.
DHHL shall be responsible for project-related offsite improvements to the extent
that these would be required of other developers with similar projects. If offsite
improvements benefit other property, DHHL and the County shall cooperate so
that DHHL bears only its fair share of these improvement costs.
G. The County will treat DHHL lessees in the same manner as other property owners
with respect to conformity with laws, ordinances, and regulations. The County
will advise DHHL of violations, and will refer cases of ongoing violation to
DHHL after the County has exhausted all remedies short of pursuing legal action
COH/DHHL Memorandum of Agreement
Page 4
to address the violation. DHHL reserves the right to institute lease enforcement
proceedings in advance of, or in lieu of, County enforcement actions.
V. Relating to the Enforcement of Criminal Violations on Hawaiian Home Lands
A. The County is authorized to and will enforce violations of criminal law on
Hawaiian home lands.
B. County law enforcement agencies and DHHL will work to establish procedures
regarding sharing information and providing testimony relating to arrests made on
Hawaiian home lands needed for contested case hearings and other administrative
and/orjudicial proceedings.
VI. Relating to Real Pronertv Taxes
A. Homestead lessees on Hawaiian home lands are responsible for the payment of
real property taxes in accordance with the Hawaiian Homes Commission Act,
1920, as amended, and applicable County ordinances.
B. The County agrees to waive the penalty and interest on all delinquent real
property taxes owed by Hawaiian homestead lessees as of December 31, 2001.
Such waiver will apply to payments made by February 20, 2002, or to payments
advanced by DHHL pursuant to paragraph C.
C. For those homestead lessees with real property tax balances, excluding penalty
and interest, of more than $500, if payment is not made by February 20, 2002,
DHHL will advance full payment of all real property taxes, excluding penalty and
interest, to bring those bills current, within 60 days of receipt of an updated real
property tax listing. This date may be extended by mutual agreement of the
parties.
D. It is understood that the County's waiver of interest and penalty charges on
delinquent real property taxes owed by homestead lessees as of December 31,
2001, and DHHL's advance of full payment of real property taxes, excluding
interest and penalty, in accordance with paragraph C, is a one-time only offer.
E. In order to alleviate or reduce further delinquencies, the County will notify DHHL
on an annual basis of any delinquent property owners.
F. The parties will continue 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.
COH/DHHL Memorandum of Agreement
Page 5
G. The County and DHHL shall work to establish a customer trust fund by July 1,
2004 to collect real property tax payments as part of the mortgagelloan payments
in order to make smaller, regular payments.
VII. Areas for Further Collaboration
The parties agree to work further on the following issues:
A. The creation of new County zoning districts for farming and pastoral activities.
B. The development of infrastructure standards for rural land uses such as
agricultural and pastoral activities.
C. The establishment of procedures for sharing evidence, information, and testimony
involving criminal violations on Hawaiian home lands.
D. The implementation of actions to prevent and{or address future real property tax
delinquencies by Hawaiian homestead lessees.
VIII. Termination
To achieve the objectives of this MOA, 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 statutes, ordinances, or binding rules or regulations. DHHL and the
County reserve the right to terminate this MOA upon one hundred eighty (180) days
notice in writing to the other party.
In agreement thereof, the parties have entered into this Memorandum of Agreement on this
,,30th day of D2cPmher, 2002.
COUNTY OF HAWAII DEPARTMENT OF HAWAILAN HOME
LANDS
~ r
I /
Harry K yor R and oon, Chairman
H waif mes Commission
APPROVED AS TO FORM: ~
Corporation Counsel D puty Attorney General