HomeMy WebLinkAboutRES 303 Draft 01 2010-2012 COUNTY OF HAWAII : STATE OF HAWAII
RESOLUTION NO. 303 12
A RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO REPEAL
CHAPTER 171C OF THE HAWAII REVISED STATUTES TO EFFECTIVELY
ABOLISH THE PUBLIC LAND DEVELOPMENT CORPORATION.
WHEREAS, on May 3, 2011, the Hawai`i State Legislature approved SB1555 SD2 HD2
CD1, to create the Public Land Development Corporation ("corporation"), which was signed into
law(Act 055) by the Honorable Governor Neil Abercrombie on May 20, 2011, which was then
codified as Chapter 171C of the Hawai`i Revised Statutes ("HRS 171C"); and
WHEREAS, HRS 171C-4, subsection (a), in part, defines the powers of the Public Land
Development Corporation as (underscoring for emphasis only):
"(a) Except as otherwise limited by this chapter, the corporation may:
(7) Acquire or contract to acquire by grant or purchase:
(A) All privately owned real property or any interest therein and the improvements
thereon, if any, that are determined by the corporation to be necessary or
appropriate for its purposes under this chapter, including real property together
with improvements, if any, in excess of that needed for such use in cases where
small remnants would otherwise be left or where other justifiable cause
necessitates the acquisition to protect and preserve the contemplated
improvements, or public policy demands the acquisition in connection with such
improvements; and
(10) In cooperation with any governmental agency, or otherwise through direct investment or
coventure with a professional investor or enterprise or any other person, or otherwise,
acquire, construct, operate, and maintain public land facilities, including but not limited
to leisure, recreational, commercial, residential, time share, hotel, office space, and
business facilities, at rates or charges determined by the corporation;
(11) Assist developmental, recreational, and visitor-industry related enterprises, or projects
developed or managed by the corporation, by conducting detailed marketing analysis and
developing marketing and promotional strategies to strengthen the position of those
enterprises and to better exploit local, national, and international markets;
(18) Issue bonds to finance the cost of a project and to provide for the security thereof, in the
manner and pursuant to the procedure prescribed in this chapter;
(19) Subject to approval by the department, assume management responsibilities for small
boat harbors in accordance with chapter 200 and any rules adopted pursuant thereto for
periods not to exceed one year;
(20) Recommend to the board of land and natural resources the purchase of any privately
owned properties that may be appropriate for development"; and
WHEREAS, HRS 171C-4, subsection (c)reads:
"(c) The powers conferred herein shall be liberally construed to effectuate the
purposes of this chapter"; and
WHEREAS, the County of Hawai`i currently has severe problems with traffic
circulation issues, insufficient numbers of police officers and fire fighters, insufficient potable
water wells in many areas, insufficient sewer capabilities in many areas. Allowing uncontrolled
development in violation of our zoning, building, road design, and flooding codes, and ignoring
the lack of sufficient potable water availability, and traffic circulation issues would exacerbate
these problems for the entire community and cost the taxpayers great expense in the future to
rectify the exacerbated problems; and
WHEREAS, the County of Hawai`i has enacted or is in the process of enacting
Community Development Plans, which may be ignored due to HRS 171C; and
WHEREAS, only revenue generating uses are specifically mentioned in HRS 171C, so
the "optimal use" appears to be those businesses that can generate the highest amount of revenue
(hotels, resorts, commercial centers, agri-business for genetically modified crops, etc.), with no
regard for parks or other types of community resources; and
WHEREAS, development of residential units will not provide "fair share" contributions
because there is no code for"fair share"; and
WHEREAS, our scarce supply of potable water could be diverted to these potential
developments; and
WHEREAS, affordable housing in the 60-100% median range will not be developed;
and
WHEREAS,truly affordable housing may be built on the opposite side of this island
from where the job centers or the developments are located; and
WHEREAS, there is concern that large agri-businesses using GM crops may be
instituted on public trust lands the Island of Hawai`i in disregard of Hawai`i County Code,
Chapter 14 Article 15, which prohibits the agricultural use of genetically engineered coffee and
kalo; and
WHEREAS, HRS 171C allows ceded lands to be used not for homes for our Hawaiian
families, but for the revenue production for the State; and
WHEREAS,the people of the County of Hawai`i now realize the detrimental effect that
HRS 171C will have on our land, ocean, environment, and the avoidance of many of our zoning
and subdivision laws, which HRS 171C may ignore; and
WHEREAS,the people of the County of Hawai`i have requested assistance from the
Council of the County of Hawai`i to support the repeal of HRS 171C; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
2013 Hawai`i State Legislature is hereby requested to repeal Chapter 171C of the Hawai`i
Revised Statutes in its entirety to effectively abolish the Public Land Development Corporation.
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BE IT FINALLY RESOLVED that as soon as possible after the November 6, 2012
General Election, the County Clerk shall forward certified copies of this Resolution to the
Honorable Governor Neil Abercrombie, all State Senators and Representatives, and the
respective Mayors of the Counties of Hawai`i, Kaua`i, Maui, and the City and County of
Honolulu.
Dated at Hilo , Hawai`i, this 3rd day of October , 2012.
INTRODUCED BY:
/- ...2/...,,..0.40.___ .,,,c..77,‘ j/2....
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i BLAS X
FORD X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County of Hawai`i on October 3, 2012 X
ONISHI X
PILAGO X
ATTEST: SMART X
ii I
YAGONG X
YOSHIMOTO X
9 0 0 0
► Reference: C-843/PC- 65
UNTY CLERK CHAIRPERSON&PRESIDING • FIC.R RESOLUTION NO. 303 �,
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