STAND

 

STAND. COM. REP. NO.1046-02

Honolulu, Hawaii

, 2002

RE: H.C.R. No. 19

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.C.R. No. 19 entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE LEASE OF SUBMERGED LANDS AT ALA WAI SMALL BOAT HARBOR FOR REDEVELOPMENT, MANAGEMENT, AND OPERATION BY QUALIFIED PRIVATE ENTITIES FOR MARINA PURPOSES,"

begs leave to report as follows:

Prior to the scheduled date for the hearing of this concurrent resolution, a notice was duly published indicating that 'the committee will be conducting a public hearing on the following resolution which reflects the deletion of its current contents and insertion of new language in a proposed amended form'. The new title of HCR 19 HD1 Proposed was clearly recorded on the hearing notice as :

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

The hearing notice also indicated that copies of the resolution in proposed amended form will be available for public inspection in Room 432, State Capitol.

The purpose of this proposed concurrent resolution is to help insure the continuing fuel-servicing capability at Ala Wai for its more than 700 boaters and visiting vessels who would otherwise be required to obtain fuel at Keehi Lagoon.

The Ala Wai marine fueling facility is being operated under a revocable permit following the default of the prior lessee. The permit can be terminated upon thirty days notice and no permanent structures or improvements may be made to the premises by the permittee. Furthermore, a recent engineering survey of the fueling facility revealed serious structural deterioration of the concrete decking and fender system that requires major repairs or replacement at a cost of $285,000; additionally, repairs to the building including compliance with ADA provisions, building and electrical code, sewage systems, a new roof and other improvements; may exceed $200,000.

The proposed HD1 was initiated by your WLU committee chair as a result of a meeting at Ala Wai Harbor in which a plea for assistance was made to help insure that fuel servicing would continue--in light of indication that the present operator was seriously considering termination of his lease due to liability concerns. DLNR/DOBOR explained that a request for a long-term lease was denied by the Board of Land and Natural Resources, because it was the State Administration's wish to privatize the entire small boat harbor so that the fueling facility would be encompassed by the overall privatization contract. Your WLU chair then indicated to the boaters that a previously introduced concurrent resolution would be totally amended to strongly request that DLNR approve a long term lease. (Reso introduction cut-off date had already passed.)

DLNR supported the HD1 as proposed and one individual offered comments. The Ala Wai Marina Board, Makai Society, Hawaii Boaters Political Action Association and eight individuals presented testimony in opposition. Some were extremely critical because of the misconception that the original HCR was being acted upon.

Although the purpose and genesis of the amended HCR was initially and repeatedly explained, some of the testifiers continued with innuendoes and insistence of ulterior motives on the part of DLNR/DOBOR and that this measure was not necessary since a 1998 HCR already provides authority to proceed with a long term lease of the fueling facility. Because of past denial action on the part of the BLNR, your chair and committee explained that a restatement of legislative intent and a strongly worded request was most appropriate.

After a long and sometimes frustrating discussion, your chair recommended that this measure be held. Your committee members, however, expressed strong belief that this measure should be passed with amendments clarifying that the lease be restricted to submerged lands adjacent to the fuel dock and include a convenience store and laundromat.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 19, as amended herein, and recommends that it be referred to the Committee on Finance, in the form attached hereto as H.C.R. No. 19, H.D.1.

 

Respectfully submitted on behalf of the members of the Committee on Water and Land Use,

 

_________________________ EZRA KANOHO, Chair