Bill Text: HI HCR208 | 2013 | Regular Session | Introduced

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Bill Title: Coon Brothers Inc.; Trinity; Manele Small Boat Harbor ; Department of Land and Natural Resources; Berth 24;

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-04-10 - The committee(s) on FIN recommend(s) that the measure be deferred. [HCR208 Detail]

Download: Hawaii-2013-HCR208-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	208
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE BOARD OF LAND AND NATURAL RESOURCES TO LEASE CERTAIN SUBMERGED LANDS AT MANELE BAY TO COON BROTHERS INC. FOR RENOVATION OF the SMALL BOAT HARBOR FACILITIES.

 

 

 

     WHEREAS, Coon Brothers Inc. owns and operates tour boats between the islands of Maui and Lanai through three subsidiaries collectively known as Trilogy; and

 

     WHEREAS, Trilogy began conducting commercial operations from the Manele Small Boat Harbor in 1973, in an area that later became berth twenty-four; and

 

     WHEREAS, in the mid-1980s, Trilogy, with State approval, built a loading dock atop of a rock groin which Trilogy assisted in placing on submerged lands adjacent to berth twenty-four; and

 

     WHEREAS, the State has since authorized Trilogy to use the berth and loading dock; and

 

     WHEREAS, due to continued silting after the United States Army Corps of Engineers dredged Manele Harbor in 1985, Trilogy has dredged and widened berth twenty-four at a cost of more than $200,000; and

 

     WHEREAS, in the early 1970s, Castle & Cooke Inc. sanctioned Trilogy's use of Hulopoe Beach Park to provide its passengers with recreational activities on the condition that the activities only occur during non-holiday weekdays; and

 

     WHEREAS, in 1977, Castle & Cooke Inc. and Coon Brothers Inc. formalized their agreement for commercial use of Hulopoe Beach Park including an agreement on a use fee for each Trilogy guest brought to Hulopoe Beach Park; and

 

     WHEREAS, in 1987, Castle & Cooke Inc. adopted a unilateral agreement guaranteeing the public and limited tour boat operators, including Trilogy, access to Hulopoe Beach Park; and

 

     WHEREAS, Trilogy is the only tour boat operator currently operating under the 1987 unilateral agreement and the only operator to pay Castle & Cooke Inc. a fee to access Hulopoe Beach Park; and

 

     WHEREAS, Castle & Cooke Inc., and its successor in interest Lanai Resorts LLC, has used the millions of dollars in fees paid by Trilogy since 1977 to maintain Hulopoe Beach Park and the private access road for the benefit of residents, hotel guests, and Trilogy passengers; and

 

     WHEREAS, Trilogy is the only tour boat operator to contribute to the costs of maintaining Hulopoe Beach Park and the only operator since 1973 to honor the request of the Lanai community that Hulopoe Beach Park not be used for commercial purposes on weekends and union negotiated holidays; and

 

     WHEREAS, in 1993, the Board of Land and Natural Resources and Trilogy entered into a renewable, thirty-five year lease of 18,000 square feet of undeveloped land adjacent to berth twenty-four; and

 

     WHEREAS, Trilogy obtained the lease to construct a first-class pavilion at Manele so that passengers arriving from Maui would have shelter from the elements and a comfortable venue for Trilogy's lunch and entertainment; and

 

     WHEREAS, with community input in the design of the pavilion and landscaping, Trilogy transformed a neglected site scarred by discarded harbor dredge material into a beautifully landscaped area with amenities such as picnic tables and barbeques that are often used by the public on weekends and holidays; and

 

     WHEREAS, Trilogy's cost of completing the two story pavilion exceeded $1,100,000; and

 

     WHEREAS, Trilogy has maintained the pavilion and appurtenant portions of the leased area, and otherwise met all obligations under Boating Lease No. B-93-02; and

 

     WHEREAS, in 2005, Coon Brothers Inc. completed a major renovation of the loading dock used by Trilogy's three vessels; and

 

     WHEREAS, the Department of Land and Natural Resources faces daunting challenges in meeting the financial demands of improving and maintaining Manele Small Boat Harbor; and

 

     WHEREAS, in 2011, tsunami waves from an earthquake off the coast of Japan reached Lanai causing major damage to the pier used by the ferry, the loading dock built by Trilogy adjacent to pier twenty-four, and the rock groin on which the two structures were built; and

 

     WHEREAS, the cost of restoring the Trilogy loading dock to its pre-tsunami condition is estimated to total $95,265; and

 

     WHEREAS, the Federal Emergency Management Administration has granted the State emergency financial assistance to defray seventy-five per cent of the estimated cost of restoration; and

 

     WHEREAS, a lease of the berth twenty-four loading dock would allow the State to obtain, from Trilogy, the remaining twenty-five per cent of the cost required to repair the Trilogy loading dock; and

 

     WHEREAS, as lessee of the loading dock and appurtenant submerged lands, Trilogy would assume responsibility for maintenance and upkeep of the area and be required to pay fair market lease rent; and

 

     WHEREAS, the people of the State of Hawaii, particularly Trilogy employees on Lanai, would benefit from extending Boating Lease No. B-93-02 by twenty years; and

 

     WHEREAS, a long-term lease of the loading dock will ensure Coon Brothers Inc.'s ability to meet its obligations under Boating Lease No. B-93-02 and to continue funding the maintenance of Hulopoe Beach Park through use fees; and

 

     WHEREAS, it is the policy of the Department of Land and Natural Resources to encourage private development of marina facilities to meet the growing demand for safe, efficient, and Americans with Disabilities Act accessible embarking and disembarking from the ferry pier and the Trilogy loading dock; and

 

     WHEREAS, the Department of Land and Natural Resources is empowered by section 13-234-25, Hawaii Administrative Rules, to grant the use or possession of small boat harbor facilities by lease so long as the lease provides for payment of rentals, fees and charges, and other conditions in accordance with law; and

 

     WHEREAS, a lessee of an improved harbor area would be responsible for the maintenance and upkeep of that area and be required to pay fair market lease rent for an area needing repair; and

 

     WHEREAS, a lease of the Trilogy loading dock would reduce congestion and avoid users conflicts in the event Trilogy vessels, currently permitted to use berth twenty-four, were required to use the public loading dock at pier one; and

 

     WHEREAS, section 171-53(c), Hawaii Revised Statutes, authorizes the Board of Land and Natural Resources, with the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, to lease submerged public lands under the terms, conditions, and restrictions provided in chapter 171, Hawaii Revised Statutes; and

 

     WHEREAS, the Legislature wishes to provide prior authorization to the Board of Land and Natural Resources to lease certain submerged public lands described herein for the improvement of marina facilities and extend Boating Lease No. B‑93-02 by twenty years; and

 

     WHEREAS, to process the lease of the loading dock and the submerged lands surrounding berth twenty-four, all appropriate authorizations are required; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Board of Land and Natural Resources, in conformance with section 171-53, Hawaii Revised Statutes, is authorized to lease to Coon Brothers Inc., for the purpose of reclamation, development, construction, use, and maintenance, the portion of the loading dock situated at berth twenty-four in the Manele Small Boat Harbor that is used by Trilogy for its tour boat operations; and

 

     BE IT FURTHER RESOLVED that this Concurrent Resolution is not an implied approval of the decisions that must be made independently by the Board of Land and Natural Resources or the Department of Land and Natural Resources in acting on any conservation district use application, if required; and

 

     BE IT FURTHER RESOLVED that prior to executing the lease, the Board of Land and Natural Resources or the Department of Land and Natural Resources must independently conclude that this project will be economically feasible, environmentally sound, and in compliance with chapter 343, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Board of Land and Natural Resources, and the President of Coon Brothers Inc.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Coon Brothers Inc.; Trinity; Manele Small Boat Harbor ; Department of Land and Natural Resources; Berth 24;