HOUSE OF REPRESENTATIVES

H.C.R. NO.

19

TWENTY-FIRST LEGISLATURE, 2002

H.D. 2

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO ISSUE A LONG-TERM LEASE FOR THE MARINE FUEL FACILITY PREMISES AT ALA WAI SMALL BOAT HARBOR TO PROVIDE CONTINUED FUELING SERVICES TO THE BOATING PUBLIC AT THAT LOCATION.

 

WHEREAS, the combined berthing facilities of the state-operated boat slips and those of the Waikiki and Hawaii Yacht Clubs located at Ala Wai small boat harbor can accommodate up to 1,000 vessels; and

WHEREAS, the present marine fuel facility (facility) provides fueling and other necessary services to these and other visiting vessels; and

WHEREAS, the Ala Wai facility is one of only three located on the south shore of Oahu, the others being the facility at the Keehi Marine Center located in Keehi Lagoon, and the facility at the Hawaii Kai Marina, which can accommodate only smaller power boats that can pass under the Kalanianaole Highway bridge; and

WHEREAS, the Ala Wai facility is being operated under a revocable permit issued by the Department of Land and Natural Resources (DLNR) following the default of the lease of the premises by the former permittee; and

WHEREAS, a recent engineering survey of the facility premises conducted by DLNR revealed serious structural deterioration to the concrete decking and fender system that requires major repairs or replacement at an estimated cost of $285,000, in addition to necessary repairs to the building including provisions for ADA compliance, compliance with latest building code requirements for electrical and sewage systems, a new roof, and other improvements that may exceed $200,000; and

WHEREAS, the conditions of the revocable permit provide that the permit can be terminated upon thirty days notice by either the permittee or DLNR, and that no permanent structures or improvements may be made to the premises by the permittee; and

WHEREAS, these conditions preclude the permittee from initiating the major repairs necessary to restore the structural integrity and safe use of the premises; and

WHEREAS, the funds necessary to make the required improvements to the facility premises exceed present state resources; and

WHEREAS, the permittee has informed DLNR that, upon the advice of legal counsel, he may need to discontinue operation of the facility due to excessive liability exposure resulting from the present physical condition of the premises; and

WHEREAS, the Nineteenth State Legislature, Regular Session of 1998, adopted House Concurrent Resolution No. 21, House Draft 1, authorizing the reissuance of a lease for the facility at Ala Wai small boat harbor to include submerged lands adjacent to the fuel dock in accordance with section 171-53, Hawaii Revised Statutes; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Board of Land and Natural Resources (BLNR) is strongly requested to issue a long- term lease to a qualified private entity for a fuel dock facility, including a convenience store and laundromat, at Ala Wai small boat harbor; and

BE IT FURTHER RESOLVED that this Concurrent Resolution does not impute or imply legislative approval of leasing adjacent submerged lands for non-maritime purposes, or of the decisions that must be independently made by BLNR in approving the issuance of any lease at Ala Wai small boat harbor; and

BE IT FURTHER RESOLVED that prior to executing any lease, the BLNR must independently conclude that any lease issued as a result of this Concurrent Resolution will be economically feasible and in the best interest of the State, the harbor users, and the general public; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and the Chairperson of BLNR.

Ala Wai Fuel Facility; Long Term Lease