|
THE SENATE |
S.C.R. NO. |
6 |
|
TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE CANCELLATION OF THE LEASE OF NON-EXCLUSIVE EASEMENT S-5252 AND THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SITUATED AT LAPAAKEA, LAHAINA, MAUI, IDENTIFIED BY TAX MAP KEY: (2) 4-5-001:055: SEAWARD OF TAX MAP KEY: (2) 4‑5‑001:006; AND URGING THE DEPARTMENT OF EDUCATION TO CONTINUE THE LAHAINALUNA HIGH SCHOOL BOARDING PROGRAM.
WHEREAS, Lakala Trust owns property located at 839 Front Street, Lahaina, Maui, which includes two wooden decks and concrete piers that extend over submerged land owned by the State of Hawaii and were constructed sometime in the 1920s; and
WHEREAS, on January 26, 1990, the Board of Land and Natural Resources (Land Board) approved a Conservation District Use Permit for the decks over the submerged land; and
WHEREAS, on May 11, 1990, the Land Board authorized the issuance of non-exclusive easement S-5252 commencing on May 25, 1992, and running through May 24, 2012, to the property for maintenance and repair of the wooden decks and concrete piers; and
WHEREAS, the property is currently subject to a mortgage, which Lakala Trust and its trustee are seeking to refinance; and
WHEREAS, because of the existence of non-exclusive easement S-5252 over State-owned submerged lands, refinancing of the mortgage requires the mutual cancellation of non-exclusive easement S-5252 and the issuance of a new non-exclusive easement; and
WHEREAS, as part of its submittal to the Land Board on August 28, 2009, under agenda item D-15, the Department of Land and Natural Resources recommended and the Land Board approved Lakala Trust and its trustee's request for the mutual cancellation of non-exclusive easement S-5252 and the issuance of a new sixty-five-year non-exclusive easement; and
WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; and
WHEREAS, the Lahainaluna High School boarding program allows students from neighbor islands and other areas of Maui to live in dormitories and attend the school in exchange for reasonable custodial and maintenance work on school grounds; and
WHEREAS, the Lahainaluna High School boarding program provides opportunities for students to grow and mature;
WHEREAS, due to the State's deficit, the Department of Education has proposed to eliminate the Lahainaluna High School boarding program; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to cancel non-exclusive easement S-5252 and to issue a term, non-exclusive easement covering a portion of state submerged lands identified as tax map key (2) 4-5-001:055: seaward of tax map key (2) 4‑5‑001:006, comprising 1,310 square feet, more or less; and
BE IT FURTHER RESOLVED that the Legislature urges the Department of Education to continue the Lahainaluna High School boarding program; and
BE IT FURTHER RESOLVED that the Department of Education is requested to convene a seven-member Lahainaluna Boarding Program Working Group, consisting of the following members:
(1) Three representatives from the Department of Education;
(2) Two representative from Lahainaluna High School; and
(3) Two alumni of the Lahainaluna boarding program; and
BE IT FURTHER RESOLVED that the Lahainaluna Boarding Program Working Group is requested to:
(1) Evaluate the true cost of the boarding program;
(2) Determine the cost savings, if any, by having the boarding program students continue to assist with routine repair and maintenance work on the school's campus;
(3) Explore public and private partnerships to continue the boarding program; and
(4) Explore changes to the current rate structure for resident and non-resident boarding students and the potential impacts those changes might have on the boarding program; and
BE IT FURTHER RESOLVED that the Lahainaluna Boarding Program Working Group is requested to report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the 2011 Regular Session; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, Chairperson of the Board of Education, Superintendent of Education, Principal of Lahainaluna High School, and the Trustee of the Lakala Trust.
BLNR; Non-Exclusive Easement; Lahainaluna Boarding Program