HomeMy WebLinkAboutResolution No. 2012-52 Draft 1COUNTY COUNCIL COUNTY OF KAUAI Re5Otution No. 2012 -52, Draft 1 RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO REPEAL CHAPTER 171C OF THE HAWAII REVISED STATUTES ACT 55, SESSION LAWS OF HAWAII 2011)RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE PUBLIC LAND DEVELOPMENT CORPORATION (PLDC)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 55, SLH 2011) 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(a), in part, defines the powers of the Public Land Development Corporation as:a) Except as otherwise limited by this chapter, the corporation may:1) Sue and be sued;2) Have a seal and alter the same at its pleasure;3) Make and alter bylaws for its organization and internal management;4) Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;5) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;6) Carry out surveys, research, and investigations into technological, business, financial, consumer trends, and other aspects of leisure or recreational land uses in the national and international community;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 B) Encumbrances, in the form of leases,licenses, or otherwise, needed by the corporation or any state department or agency for public purposes, the disposition of subdivided lots, houselots, apartments or other economic units, or economic development;8) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired; and sell, assign, exchange, transfer, convey,lease, or otherwise dispose of, or encumber the same;9) By itself, or in partnership with qualified persons or other governmental agencies, acquire, construct, reconstruct, rehabilitate,improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey,exchange, lease, or otherwise dispose of, or encumber any project; and develop or manage, by itself, or in partnership with qualified persons or other governmental agencies, any project that meets the purposes of this chapter;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;12) Receive, examine, and determine the acceptability of applications of qualified persons for allowances or grants for the development of new recreation and visitor - industry related products,the expansion of established recreation and visitor - industry or land development enterprises, and the altering of existing recreational,visitor - industry related, or land development enterprises;13) Coordinate its activities with any federal or state programs;14) Grant options to purchase any project or to renew any lease entered into by the corporation in connection with any of its projects, on the terms and conditions it deems advisable;15) Provide advisory, consultative, training, and educational services and technical assistance to any person, partnership, or corporation, either public or private, to carry out the purposes of this
chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;16) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;17) Accept gifts or grants in any form from any public agency or any other source;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 21) Do all things necessary or proper to carry out the purposes of this chapter "; and WHEREAS, HRS 171C -4(c) reads:c) The powers conferred herein shall be liberally construed to effectuate the purposes of this chapter" and WHEREAS, allowing uncontrolled development in violation of the County of Kaua`i's zoning, building, road design, and drainage codes, and ignoring the lack of sufficient potable water availability, and traffic circulation issues would intensify these problems for the entire community and cost the taxpayers great expense in the future to rectify the intensified problems; and WHEREAS, the County of Kaua`i has enacted or may enact zoning and subdivision laws, which may be ignored due to HRS 171C; and WHEREAS, it appears that HRS 171C seeks revenue generating use for lands and appears to focus on businesses that can generate the highest amount of revenue (hotels, resorts, commercial centers, etc.), with no regard for parks or other types of community resources which may not necessarily generate revenue; and WHEREAS, if development of residential units are sought, scarce potable water could be diverted to these potential developments; and WHEREAS, HRS 171C allows ceded lands to be used not for homes for our Native Hawaiian families, but for the revenue production for the State; and WHEREAS, the people of the County of Kaua`i realize the detrimental effect that HRS 171C will have on our land, ocean, environment, and the disregard of many of our zoning and subdivision laws, which HRS 171C allows the corporation to ignore; and 3
WHEREAS, the people of the County of Kaua`i have requested assistance from the Council of the County of Kaua`i to support the repeal of HRS 171C; now,therefore,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,STATE 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.BE IT FINALLY RESOLVED, that a copy of this Resolution be forwarded to the Honorable Governor Neil Abercrombie, all State Senators and State Representatives, the Hawaii State Association of Counties, and the Mayors of the Counties of Kaua`i, Hawai`i, Maui, and the City and County of Honolulu.INTRODUCED BY: /s /KIPUKAI KUALI`I V:\ RESOLUTIONS\ 2010- 2012term \Resolution2012 -52, Draft 1 \SS_ds evaificate Of dac e Lei., e.ak a, 2012 -52, T4 1 r I \ C ; r ti, I.CUN,CLI,`4., Q.Y1, lJ' r'7r r ,,. "mo I I,ade.,3 09 -26 -2012 4 w 91.4a ci3rA n X 5 uc Lic,. YYI.U/LCL 1,J\.91 9C Cl ad Z 0 0 0 WHEREAS, the people of the County of Kaua`i have requested assistance from the Council of the County of Kaua`i to support the repeal of HRS 171C; now,therefore,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,STATE 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.BE IT FINALLY RESOLVED, that a copy of this Resolution be forwarded to the Honorable Governor Neil Abercrombie, all State Senators and State Representatives, the Hawaii State Association of Counties, and the Mayors of the Counties of Kaua`i, Hawai`i, Maui, and the City and County of Honolulu.INTRODUCED BY: /s /KIPUKAI KUALI`I V:\ RESOLUTIONS\ 2010- 2012term \Resolution2012 -52, Draft 1 \SS_ds evaificate Of dac e Lei., e.ak a, 2012 -52, T4 1 r I \ C ; r ti, I.CUN,CLI,`4., Q.Y1, lJ' r'7r r ,,. "mo I I,ade.,3 09 -26 -2012 4