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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)
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\Council Records\Reports\2008-2010\Public Safety & Parks & Recreation Committee (PSPRC)
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<br />L.d <br /> <br />veto of the Governor. This bill would place a one-year moratorium on the <br />potential transfer in the absence of express statutory authority! <br /> <br />Objective #3 Determine whether the County should request a non-profit <br />entity or form a non-profit organization, an "authority", or any other <br />specific type of organization to provide management and operation of the <br />harbors, piers and ramps; <br /> <br />A. The majority of the Committee members are positively disposed to this type <br />of organization. A semi-autonomous, public-private partnership is our preferred <br />recommendation, with the understanding that State or County governments <br />should be removed from boating facilities management. Further, a citizens' <br />commission or citizens' advisory committee should be established to provide <br />stakeholders oversight over the operation. <br /> <br />Objective #4-- Determine the extent of assuming the transfer of the harbors, <br />piers and ramps, and determine whether the State will still be involved in <br />any way should a transfer occur, including any hidden costs, fees or <br />charges; <br />A. The State will terminate its' authority and responsibility to operate, manage <br />or audit after the transfer. No interests in real property would be transferred, but <br />the County would have plenary authority to operate, maintain, reconstruct, <br />remodel or otherwise reorganize all of the facilities, both as to buildings and as to <br />land areas. The County would assume law enforcement functions in and around <br />the facilities. The State may retain some regulatory authority and responsibility. <br />Further, we believe that the transfer of these facilities should come without any <br />hidden costs. <br /> <br />Objective #5-- Determine the transfer and use of submerged and fast lands <br />at harbors, piers and ramps that are essential to the use of these facilities <br /> <br />A. All related adjacent and submerged lands at harbors; piers and ramps are <br />deemed to be essential. Other lands and facilities that are non-contiguous lands <br />are also essential to the successful management of some small boat facilities on <br />the island. <br /> <br />1 The Committee reviewed 5B 2150 and discovered Article V, Section 6 referred to in this bill <br />absolutely appears to have no bearing on the ability of the state to transfer responsibility for <br />management of small boat harbors, ramps and moorings to the Counties. HRS 200-3 also <br />mentioned in this bill appears to contain no prohibitions against transfer of the responsibility of <br />management to the Counties. <br /> <br />2 <br />
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