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HomeMy WebLinkAboutCOM 0363.000 2018-2020JNtY OFH'fySusanL.K. Lee Loy Office: (808)961-8396 Council Member Fax: (808)965-8912 District 3 Email: sue.leeloy@hawaiicounty.gov d lE OF'N• IIAWAI`I COUNTY COUNCIL 25 Aupuni Street,Hilo,Hawaii 96720 ZZ c7 MEMORANDUM n CD' DATE: July 12, 2019 TO: Aaron S.Y. Chung, Chairperson; and Members of the Hawaii County Council FROM: Susan L.K. Lee Loy, Council SUBJECT: Request for a discussion regarding County road improvements on Hawaiian Homestead land. I am requesting at least 60 minutes for a discussion with the Administration about issues relating to the County's improvement of roads owned by the state Department of Hawaiian Home Lands, such as the proposed installation of speed humps on Pakele Lane in South Hilo. The scope of this discussion will include the memorandum of agreement between the County and the Department of Hawaiian Home Lands, as signed by Mayor Harry Kim and Hawaiian Homes Commission Chair Raynard C. Soon, and ratified by the Council on December 18, 2002, via Resolution No. 19-03, which is attached to this communication. Please place this item on the next available agenda of the Public Works and Mass Transit Committee. SL:ps Att. Cc: Mayor; Director ofthe Department of Public Works; Corporation Counsel. Comm. Ref. To:—WT-(/ Ref. Date 9 Haivai'i County Is an Equal Opportunity Provider And Employer COUNTY OF HAWAI`.I. . STATE OF HAWAII RESOLUTION NO. i9 Oil RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF HAWAI'l, DEPARTMENT OF HAWAIIAN HOME LANDS AND THE COUNTY OF HAWAI'I WITH RESPECT TO COUNTYSERVICESANDDELINQUENTREALPROPERTYTAXES. WHEREAS, the State of Hawaii, Department of Hawaiian Home Lands ("DHHL"), and the County of Hawaii ("County") have had long-standing issues with respect to County jurisdiction on DHHL property and the types of services to be provided; and WHEREAS, the County had been faced with growing real property tax delinquencies on DHHL leased lands, but could not deal with these delinquencies in the normal manner of selling these properties by nonjudicial foreclosure sales; and WHEREAS, the DHHL and the County, recognizing the need to resolve their differences for the benefit of the parties, and ultimately the residents of the Hawaiian home lands, have met to resolve these issues; and WHEREAS, the Memorandum of Agreement between DHHL and the County, which is attached as Exhibit "A," represents the culmination of many meetings, revisions, and agreements in which the DHHL and the County have laid to rest many of the past issues of dispute, and have created an agreement which will serve the people not only on DHHL property, but the County in general; and WHEREAS, this agreement has been approved by the Director and Chairman of the Hawaiian Homes Commission, as well as by the Hawaiian Homes Commission; and WHEREAS, pursuant to Section 46-7, Hawaii Revised Statutes, this Council's consent is required to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE COUNTY OF HAWAI'1 does hereby consent to and authorize the Mayor, pursuant to Section 46-7, Hawaii Revised Statutes, to enter into the Memorandum of Agreement between the State of Hawaii, Department of Hawaiian Home Lands, and the County of Hawaii, attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that copies of this resolution be sent to (1) Chairman of the Hawaiian Hon Commission; (2) Mayor; and (3) Director of Finance. DATED: Kona Hawai`i, December 18,--2002. INTRODUCED BY: ' CO NCIL EMBER, COUNTY OF HAWAII sAresolutions\dhl moa\12-02\GTde.doc COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Knna, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by CHUNG the vote indicated to the right hereof adopted by the ELARIONOFF x COUNCIL of the County of Hawaii on 12P-Qer 18. 202 HOLSCHUH x ATTEST: JACOBSON x LEITHEAD-TODD X REYNOLDS x SAFARFK X TYLER X 8 0 1 0 Reference C-39 /FC-Waived 19 0:.3 COUNTY C'T.F.RK CRATRMAN Rr.PRFRIDTNCT CIFFTCFR RFRCIT.TITION NO Rev. 10/09/02 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 taxes and other fees on Hawaiian home lands. II. Guiding Principles 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 s 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 toward a mutually acceptable resolution of such issues. III. Relating to Planning and Land Use A. DHIIL 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 Count departments, and shall give due consideration and weight to theirYp Exhibit: "A" COH/DHHL Memorandum of Agreement Page 2 Rev. 10/09/02 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.t 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 DBHL 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. I a I COH/DHHL Memorandum of Agreement Page 3 Rev. 10/09/02 IV. Relating to Public Facilities and Infrastructure Serving Hawaiian Rome 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, D]HHL will pursue exemptions and other administrative variances from the appropriate County department, in accordance with procedures established for all property owners. Should DEHL 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 DML infrastructure constructed according to County standards, C. Existing infrastructure shall be subject to County inspection prior to being accepted by the County for operation, repair, and maintenance. The County may require DEHL 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 DHEL 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 DEI-IL 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, DHEL will be responsible for upgrading the onsite infrastructure to accommodate the new use, and will consult with the County regarding the need to upgrade offsite infrastructure. DEIHL and the County shall negotiate the extent to which DHHL will be responsible for any such offsite improvements requested by the County. DEIH L 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 DHEL bears only its fair share of these improvement costs. G. The County will treat DHHI, 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 DEEL after the County has exhausted all remedies short of pursuing legal action I COH/DHHL Memorandum of Agreement Page 4 Rev. 10/09/02 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/or judicial proceedings. VI. Relating to Real Property 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 DHBL'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.l COH/DHHL Memorandum of Agreement Page 5 Rev. 10/09/02 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 mortgage/loan 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. VII1. 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 day of 2002. COUNTY OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS By By Harry Kim, Mayor Raynard C, Soon, Chairman Hawaiian Homes Commission APPROVED AS TO FORM: By By Corporation Counsel Deputy Attorney General