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Home My WebLink AboutRES 233 Draft 01 2004-2006 .~1~,<Y or y- COUNTY OF HAWAII STATE OF HAWAII ~J: , ••••~~O~~M~'' RESOLUTION NO. 233 ~6 ESTABLISHING A TEMPORARY AD HOC FACT-FINDING COMMITTEE TO REVIEW PRIOR COMMUNICATIONS FROM GOVERNOR LINDA LINGLE AND MAYOR HARRY KIM, REVIEW TESTIMONY FROM PUBLIC HEARINGS HELD BY THE HAWAPI COUNTY COUNCIL, OPEN DIALOGUE WITH THE GOVERNOR, BOARD OF LAND AND NATURAL RESOURCES (BLNR), HAWAPI STATE LEGISLATURE, OFFICE OF HAWAIIAN AFFAIRS (OHA), AND DEPARTMENT OF HAWAIIAN HOME LANDS (DHHL), AND STUDY OPTIONS FOR MANAGING AND OPERATING STATE SMALL BOAT HARBORS AND BOATING FACILITIES, PRESENTLY UNDER THE MANAGEMENT OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES (DLNR), DIVISION OF BOATING AND OCEAN RECREATION (DOBOR), IN HAWAPI COUNTY, AND SUBMERGED LANDS INVOLVED, AND MAKF. RECOMMENDATIONS TO THE HAWAPI COUNTY COUNCIL. WHEREAS, Governor Lingle has first offered the Counties the opportunity to manage and operate existing small boat harbors and boating facilities across the State under a "home rule" policy, as the Counties are closest to the people and may be better suited for this purpose; and WHEREAS, Governor Lingle indicated that if the Counties are not interested in taking over management of these small boat harbors and boating facilities, privatization is possible pursuant to Act 299, Session Laws of Hawaii 2001, codified as section 200-2.5, Hawaii Revised Statutes, which allows the BLNR to lease certain lands within an existing State boating facility by public auction or by direct negotiation for private development, management, and operation; and WHEREAS, the other Counties may be interested in assuming the management and operation of the State small boat harbors and boating facilities and working together under the auspices of the Hawaii Stale Association of Counties; and WHEREAS, State small boat harbors and boating facilities that include piers and ramps in Hawaii County, presently under DOBOR are as follows: a. Kailua Pier and off shore moorings (with ramp) b. Keauhou Small Boat Harbor with ramp and offshore moorings c. Honokohau Harbor, launch ramps and contiguous fast land d. Kauhako (Ho'okena) ramp e. Miloli'i, Landing only -not the ramp f. Kaulana ramp g. Pohoiki ramp h. Reeds Bay and not Radio Bay i. Wailoa Sampan Basin and Small Boat Harbor j. Puako ramp ' k_ Kawaihae - Norih Basin and ramp, and South Basin; and WHEREAS, there are three ramps presently under Hawaii County Department of Parks and Recreation that could be included in the transfer: 1. Mahukona ramp m. Honaunau ramp n. Laupahoehoe ramp; and WHEREAS, Resolution 171-05, passed October 18, 2005, requested that the Hawaii County Council hold public hearings to facilitate discussion of the proposal that the County take over the management of State small boat harbors and boating facilities on the Big Island from the DINR; and WHEREAS, the Hawaii County Council held five public hearings on Resolution 171- 05 during November and December, 2005, in Puna, Hilo, Ka'u, Kona and Waimea, and heard public testimony regarding the transfer of State small boat harbors and boating facilities to include piers, ramps and contiguous fast land over to Hawaii County; and WHEREAS, the majority of testifiers stated that they supported the intent of removing the small boat harbors and boating facilities presently under DOBOR, from the control of DLNR, but some expressed concern as to whether the County would be able to handle the task of management; and WHEREAS, there were suggestions from the public to form an ad hoc fact-finding committee made up of individuals involved with State small boat harbors and boating facilities, whether in business or recreational purposes, to provide a plan of action and formulate a structure to: l) Determine whether it is feasible to transfer the harbors, piers and ramps over to the County; 2) Determine whether the Legislature must approve/disapprove any transfer of the recreational boat harbors, piers, ramps, and related submerged lands presently under the control of DLNR, DOBOR; 3) Determine whether the County should request anon-profit entity or form anon-profit organization, an "authority", or any other specific type of organization to provide management and operation of the harbors, piers and ramps; 2 4) Determine the extent of assuming the transfer of the harbors, piers and ramps, and determine whether the State will still be involved in any way should a transfer occur, including any hidden costs, fees or charges; 5) Determine the transfer and use of submerged and fast lands at harbors, piers and ramps that are essential to the use of these facilities; 6) Determine whether present DOBOR civil service employees can be transferred over to the County, in consultation with the Hawaii Government Employees Association and United Public Workers, and if so, the process needed; 7) Determine whether the State will provide financial support for improvements presently in the State budget for DOBOR facilities; 8) Determine the funding required for management, maintenance and repairs of aH facilities; and 9) Determine the ceded land issue: whether all facilities are on ceded lands and the process for payment to OHA/DHHL from income derived. NOW THEREFORE, BE IT RESOLVED that the Hawaii County Council members shall each appoint not more than two persons to form an ad hoc fact-finding committee to gather and analyze aH information available, make determinations listed above, and any other pertinent information that may come before the Committee during fact-finding, with the Committee selecting a chairperson to be its spokesperson who will make recommendations to the Hawaii County Council by May 31.2006; and BE IT FURTHER RESOLVED that the Hawaii County Council declares that there is, indeed, an interest in pursuing the possibilities of transfer, management and operation of State small boat harbors and boating facilities in Hawaii County as expressed by the public and Ilawai'i County Council members; and BE IT FURTHER RESOLVED that copies of this Resolution shall be delivered to Mayor Harry Kim, the Big Island Division of Boating and Ocean Recreation, Office of Hawaiian Affairs, Department of Hawaiian Home Lands, and Kaniohale Community Association at the Villages of La'i'opua; and BE IT FINALLY RESOLVED that copies of this Resolution shall be delivered to Governor Linda Lingle, and Peter Young, Chairman of the Board of Land and Natural Resources, with the request that any decision to the contrary, regarding the transfer, management and operation of recreational boat harbors, piers and ramps in Hawaii County, be held in abeyance until the County of Hawaii has had the opportunity to receive the recommendations from the ad hoc fact-finding Committee and has made a policy decision whether to proceed with a request to the Governor for transfer, management and operation of those State small boat 3 harbors and boating facilities, so named, presently under the Big Island Division of Boating and Ocean Recreation. Dated at Hilo ,Hawaii, this 5th day of January 2006 INTRODUCED BY: • _ ~ 4 CO CIL MEMBER, COUNTY OF HAWAII ROLL CALL VOTE County of Hawaii AYES NOES ABS F;X X110, HaWal'1 ARAKAKI X HIGA X ] hereby certify that the foregoing RIJSOLLrfION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUI; X County of Hawai` i on J aX7.l.l,r~ry 5_~2.~ Q_~__~ IKEDA X ISBELL X ATTEST: JACOBSON X PILAGO X SAFARIK X ~ - Reference: C-612/Waived PWIRC COUNTY CLERK CHAIRMAN & PRESInING OFFICER RESOLUTION NO. ~ 4