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HomeMy WebLinkAboutCOM 0843.016 2010-2012 • r$a AO A► X116 bale ir., b►rsr. W 0• 23 t.)• LAND USE RESEARCH FOUNDATION OF HAWAII �1 noo Alakea Street,4th Floor 11111111111116 Honolulu,Hawaii 96813 ..�. (8o8)521-4717 —r www.lurf.org Via Hand Delivery October 2, 2012 Dominic Yagong, Council Chair Pete Hoffman, Council Vice-Chair Donald Ikeda, Council Member J Yoshimoto, Council Member Dennis"Fresh" Onishi, Council Member Fred Blas, Council Member Brittany Smart, Council Member Brenda Ford, Council Member Angel Pilago, Council Member Hawaii County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Opposition to Hawaii County Council Resolution No. 303-12, Urging the Hawaii State Legislature to Repeal Chapter 171C of the Hawaii Revised Statutes (HRS) to Effectively Abolish the Public Land Development Corporation(PLDC). Dear Chair Yagong,Vice-Chair Hoffman,and Members of the Hawaii County Council, The Land Use Research Foundation of Hawaii(LURF)is a state-wide private, non-profit research and trade association whose members include major Hawaii landowners, developers and a utility company. One of LURF's missions is to advocate for reasonable, rational and equitable land use planning,legislation,and regulations that encourage well-planned economic growth and development,while safeguarding Hawai'i's significant natural and cultural resources and public health and safety. LURF opposes Resolution No. 303-12,which urges the State Legislature to repeal HRS Chapter 171C based on the reported realization of the people the County of Hawaii that said law would have detrimental effect"on our land,ocean, environment, and the avoidance of many of our zoning and subdivision laws,which HRS 171C may ignore." Comm. No. 51-(13. Rif. To: Ref. Date OCT •3 2012 F , Hawaii County Council County of Hawaii October 2,2012 Page 2 LURF's support for the PLDC. Contrary to the questionable and unsubstantiated position taken by proponents of this Resolution, LURF commends the mission, objectives and priorities of the PLDC,which are to create partnerships between state and county agencies,departments,businesses, non-profits and community groups,to improve our communities, create jobs and support development that is sensitive to the cultural,historical and natural resources of the State of Hawaii. As such, LURF supports the PLDC's efforts to partner with members of the public and to assist state and county agencies to increase public benefit by reinvesting and enhancing state assets such as parks and schools,as well as the PLDC's Strategic Plan and draft Administrative Rules which will establish operating procedures for the Corporation; set forth a process by which the PLDC may initiate or enter into cooperative agreements for the development or financing of projects; and institute a procedure for undertaking and financing any project facility as part of a project. Allow further public input and the opportunity for PLDC to proceed. Because the PLDC is now completing a public comment process by which it is addressing questions and misconceptions expressed at community meetings held statewide, LURF believes it would be premature for this Council to intervene in this process by the consideration and passage of this Resolution,which may result in the impulsive and untimely abolishment of the PLDC,thereby destroying the chance for stakeholders and interested parties to provide invaluable input regarding this significant opportunity through which private entities will be able to enter into agreements and partnerships for the development and financing of projects that will make optimal use of public land,generate revenues for the State, and in turn,economically and environmentally benefit the people of Hawaii,including the Big Island. Council support will result in positive economic benefits. As State land and assets are abundant on the island of Hawaii, LURF strongly believes, contrary to the sentiment held by supporters of this Resolution that the Council's support of the PLDC and public initiated projects would result in positive economic impact for Hawaii County and for the State. Clarification of PLDC Requirements. LURF,too,understands the concerns of this Council relating to the environment and what may appear to be an opportunity for potential circumvention of existing zoning and subdivision laws. LURF has therefore conducted a detailed review of the draft Administrative Rules, and has offered,for the PLDC's consideration,suggestions and clarifications which LURF believes address its concerns and are consistent with the intent and purpose of the legislation underlying the creation of the PLDC. These recommendations include, amongst other things, clarification that the PLDC is subject to Chapter 343 (Environmental Impact Statements), Chapter 6E (Hawaii Historic Preservation), Chapter 92 (Public Agency Meetings and Records — "Sunshine Law"), Chapter 104 (Wages and Hours of Employees on Public Works) and Chapter 171(Management and Disposition of Public Lands — prohibition of the sale of ceded lands); confirmation that the public land planning activities of the PLDC"shall be coordinated with the county planning departments and the county land use plans,policies, and ordinances"; and assurance that the proposed procedural rules which seek to provide for public input,transparency and an efficient d • Hawaii County Council County of Hawaii October 2,2012 Page 3 process for PLDC proceedings and determinations are consistent with applicable rules of other similar agencies. Independent review of the PLDC, and recommendations for clarifications and revisions to the draft Rules and Strategic Plan. LURF suggests that in lieu of the action contemplated being taken by Resolution 303-12,the County of Hawaii should likewise conduct its own independent review of Act 55 (2011), as well as the PLDC draft Rules and Strategic Plan,to ensure thorough understanding of the actual intent and purpose of the legislation,and,to propose,if necessary,its own clarifications and revisions to the pending Rules and Plan. Attendance at the next PLDC Board Meeting to present concerns and recommendations for revisions to the PLDC draft Rules and Strategic Plan. The PLDC agenda for its October 11, 2012 meeting will include the request to approve the PLDC Strategic Plan and draft Administrative Rules that set forth its mission,goals and parameters with regard to environmental, historic preservation and land use. Approval of the draft Rules will allow the Rules to go out for a public hearing, a minimum of thirty(3o) days after receiving Board approval. As these PLDC agenda items will be heard later in October, LURF respectfully requests that Resolution 303-12 be held,or at the very least postponed,in order that the Council and the public may rightly be provided with further information which may considerably affect its opinion of the PLDC and the proposed measures to be taken by this Resolution. Thank you for the opportunity to express our opposition to,and concerns regarding this matter.