HomeMy WebLinkAboutRES 065 Draft 01 1994-1996 OFFICE INFORMATION ONLY
Meeting: Public Works and Intergovernmental Relations Committee - 02/01/2005
Action: Close file via Comm. 45 dated 12/17/2004
Ile: Res. 65 -95, Comm. 225 (1995)
COUNTY OF HAWAII. ' STATE OF HAWAII
RESOLUTION NO. 65 98
RELATING TO HAWAIIAN HOME LANDS
WHEREAS, the Hawaiian Homes Commission Act (the "ACT ") was
passed by the Congress of the United States in 1920; and
WHEREAS, some 103,490 acres of land in Hawaii County has
been designated as "available" Hawaiian home lands and are
included in the inventory of lands of the Hawaiian Homes
Commission; and
WHEREAS, the intent of the Hawaii State Constitution,
Article XII, Section 2, "The State and its people do further
agree and declare that the spirit of the Hawaiian Homes
Commission Act looking to the continuance of the Hawaiian homes
projects for the further rehabilitation of the Hawaiian race
shall be faithfully carried out. "; and
WHEREAS, Congress was silent, in passing the Act, over the
applicability of such County regulations as zoning, building,
grading and other such ordinances; and
WHEREAS, these types of County regulations were not
prevalent in the United States nor in Hawaii in 1920 and the
question of their applicability on lands in the control of
Hawaiian Home Lands was probably not considered by Congress; and
WHEREAS, a series of opinions by the Attorney General of
the State of Hawaii have asserted that jurisdictional control
of zoning, building, grading and other such ordinances does not
rest with the County governments; and
WHEREAS, the County's authority to impose zoning
restrictions is indistinguishable from its authority to impose
other types of code regulations; and
WHEREAS, some lessees of the Hawaiian Homes Lands Trust
have been unable to receive the necessary permits for the
building of their homes and other improvements; and
WHEREAS, the Department of Hawaiian Home Lands and the
State of Hawaii have not resolved these questions and the
beneficiaries of the Hawaiian Home Lands Trust continue to
suffer; and
WHEREAS, legitimate interests, such as the right of the
Hawaiian Homes Commission to carry out its fiduciary
responsibilities; and the right of the citizens of the County
to legislate for their health, safety and welfare require that
a clear and consistent policy be placed into effect; and
WHEREAS, other than the aforementioned opinions, there is
no established law on this question.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF
THE COUNTY OF HAWAII, that the Congress of the United States
and the Legislature of the State of Hawaii address their
respective responsibilities in this matter and initiate
amendments to the Act which will best reflect the change in
conditions between 1920 and the present, and will best
accommodate the policy interests involved.
BE IT FURTHER RESOLVED that the Clerk of the County of
Hawaii, transmit copies of this resolution to the Honorable
William Clinton, President of the United States; the Honorable
Bruce Babbitt, Secretary of the Interior; the Honorable Robert
Dole, Majority Leader, United States Senate; the Honorable Newt
Gingrich, Speaker of the United States House of
Representatives; the Honorable Senators Daniel K. Inouye and
Daniel K. Akaka; and the Honorable Members of Congress, Patsy
T. Mink and Neil Abercrombie.
BE IT FURTHER RESOLVED that the Clerk of the County of
Hawaii transmit copies of this resolution to the Honorable
Benjamin J. Cayetano, Governor of the State of Hawaii; to the
Honorable Margery Bromster, Attorney General of the State of
Hawaii; to the Honorable Norman Mizuguchi, President of the
Senate and the Honorable Joseph Souki, Speaker of the House;
and to the Chairman and Members of the Hawaiian Homes
Commission.
Dated at Hilo, Hawaii, this , day of - , 1995
fi INTRODUCED BY: '/ 4:ea.\
't`7 - °K, CSC o
COUNCIL MEMBER, COUNTY OF HAWAII COUNCIL u: ;ER, COUNTY OF HAWAII
ROLL CALL VOTE
COUNTY COUNCIL
AYES NOES ABS EX
County of Hawaii
Hilo, Hawaii
Arakaki
Bonk- Abramson
I hereby certify that the foregoing RESOLUTION was by the Quids
vote indicated to the right hereof adopted by the COUNCIL of De Lama
the County of Hawaii on Domingo
Osono
Rath
ATTEST: Ray
Smith
Reference C -225
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO 6S 95
JOHN RAY
; V.: � • - ` yWo }; Hilo Phone (808) 961 -8265
Counnlman : Fax jf, •r, Fax (808) 969-3291
':, a:•.0:: .«4. ` J • Waimea Phone (808) 885 -5875
I. kt • • II `tiCatt -- Fax (808) 885 -7184
COUNTY COUNCIL
County of Hawau
Hawau County Budding
25 Aupuni Street
Hdo, Hawau 96720
February 15, 1995
Elroy T. L. Osorio, Chairman
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: RESOLUTION RELATING TO HAWAIIAN HOME LANDS
Pursuant to Section 10) of Rule 4 of the Rules of Procedure of
the Council of the County of Hawaii, this written approval is
submitted in regards to Resolution 65 , which is in
relation to Hawaiian Home Lands, waiving said referral from the
Committee on Human Services and Public Works in order that
appropriate action can be taken by the Council.
In reviewing the contents of the referral, it is deemed
advisable that such waiver be granted.
Jo !lay, ir, Committee on
Hu an Services & Public Works
Approved:
Elroy T. L. Osorio, Chairman
Hawaii County Council