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COM 0640.001 2008-2010
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COM 0640.001 2008-2010
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Last modified
4/20/2021 4:29:19 PM
Creation date
12/29/2009 1:09:27 PM
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Communications
Communications - Type
COM
Communications - Council Term
2008-2010
Communication
0640
Point
001
Author
Dominic Yagong, Council Member
Communications - Referred To
PSPRC
Document Relationships
REP PSPRC 022 01/05/2010 2008-2010
(Related)
Path:
\Council Records\Reports\2008-2010\Public Safety & Parks & Recreation Committee (PSPRC)
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<br />\ <br /> <br />As of the date of this report, the matter has become further campI icated, as the Legislature has <br />adopted HB 2150 which purports to place a one-year moratorium on the potential transfer <br />without express statutory authority It is not known whether the Governor will sign or veto the <br />bill, or if vetoed, whether the Legislature would override the veto. <br /> <br />While it appears that no response has been made to either of the above-mentioned letters, we are <br />advised that each of the two legal offices has requested additional information from the County <br />Council staff. In addition, on May 1,2006, Councilperson Isbell received an e-mail message <br />(Attachment No.3) from a representative of the Corporation Counsel advising that its office is <br />awaiting a response from the Attorney General cmd from the DLNR as to the nature and extent of <br />the interest in the harbors and boating facilities that is intended to be transferred. It is hoped that <br />comprehensive responses may be obtained prior to the date on which the report of the Ad Hoc <br />Committee is to be submitted to the County Council. If such responses should be obtained, your <br />sub-committee will be pleased to file a supplcmental report. <br /> <br />By memorandum dated April 8,2006, (Attachmcnt No.4) this sub-committee submitted a <br />number of potential questions to be put to Peter Young, Chairman, Board of the Department of <br />Land and Natural Resources at the time of his vidcoconference appearance before the Sub- <br />Committee. <br /> <br />By letter dated Aprilll, 2006, the Vice Chairman of this Ad Hoc Committee submitted a series <br />of questions to Chairman Young (see Attachment No.5). This letter incorporated a number of <br />issues and questions that had been formulated by this sub-commi ttee as set out in Attachment <br />NO.4. In his videoconfcrencc appearance before the Ad Hoc Committee on April 17, 2006, <br />Chairman Young responded to some of the above-[-eferenced questions promulgated by this sub- <br />committee, as follows (only the responses to thc sub-committee's inquiries are set out below): <br /> <br />1) He has not decided how and in wh,lt manner the transfer might take place. It may well be by <br />and through an Executive Order. The DLNR would not "make the decision on its own". <br /> <br />2) He has not obtained an opinion on any Clspecls of transfer from the Attorney General's Office. <br />However, he has met with and discllssed the potential transfer with the Attorney General's <br />Office (See Chairman Young's letter dated January 5, 2006, to Mayor Kim) <br /> <br />3) The nature and extcnt of the interest transferred would probably be analogous to the form in <br />which state park land is transferrcd to the counties. In such cases the real property interest <br />generally continues to resi de WI rh the State. <br /> <br />4) Notwithstanding the fact that the IT,ll propcrty interest may remain with the State, the <br />counties would generally be free to construct or reconstruct facilities as the counties may see <br />fit and to establish and retain nil hilrbor mooring fecs, ramp fees and othcr fees and adopt <br />operating rules as the counties may desirc. <br /> <br />2 <br />
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