Land Board Submittals – 02/09/24
AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: February 9, 2024
TIME: 9:15 A.M.
LOCATION: In person at 1151 Punchbowl St. Room 132
(Kalanimoku Building),
Online via ZOOM, Livestream via YouTube
Board members, staff, applicants, and testifiers can choose to participate either in-person, via ZOOM or by telephone. Members of the public are encouraged to wear a mask if attending in-person.
Meeting materials are available for public review in advance of the meeting at:
https://www.dlnr.hawaii.gov/meetings
The meeting will be livestreamed at:
https://youtube.com/c/boardoflandandnaturalresourcesdlnr
To provide in person testimony (Please wear a mask):
Attend live at 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii
To provide video testimony:
Send your request to [email protected]
Include your name and the agenda item on which you would like to testify. Once your request has been received, you will receive an email with the Zoom link. Requests may be made during the meeting.
To provide oral testimony by telephone please text (808) 291-1197 and identify the Item you wish to provide testimony on prior to calling in (this will allow identification when you are placed in the ZOOM waiting room :
| February 9, 2024 |
| Dial: +1 669 444-9171 At the prompts, enter: Meeting ID: 861 7681 2861 Note: To unmute, press *6. |
We ask that members of the public testifying on agenda items limit your testimony to three minutes so that we can get to everyone.
Written Testimony:
Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Submit written testimony to [email protected] or via postal mail to the Board of Land and Natural Resources at P.O. Box 621, Honolulu, Hawaii 96809. We request written testimony be submitted no later than 24 hours prior to the meeting to ensure time for Board Member review. Late written testimony will be retained as part of the record and distributed to Board Members as soon as practicable, but we cannot ensure that Board Members will receive it with sufficient time for review prior to decision-making.
The Board may go into Executive Session pursuant to Section 92-5(a)(4), Hawaii Revised, Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
Individuals requiring special assistance or auxiliary aids or services (e.g., sign language interpreter), please contact staff at least 72 hours prior to the meeting at 808.587.0404 so that arrangements can be made.
In some of the matters before the Board, a person may wish to request a contested case hearing. If such a request is made before the Board’s decision, then the Board will consider the request first – before considering the merits of the item before it. A person who wants a contested case may also wait until the Board decides the issue, then request the contested case after the decision. It is up to you. Any request must be made in writing within ten days. If no request for contested case is made, the Board will make a decision. The Department will treat the decision as final and proceed accordingly.
NOTE: Agenda Items may be taken out of order.
Update …
- Items J-1, J-2, J-3, J-4, J-5 and J-6 are withdrawn. [02/05/24]
D. LAND DIVISION
5. Amend Prior Board Action of August 25, 2023, Item D-1, Amend Prior Board Action of July 28, 2023, Item D-4, Issuance of Direct Lease to The Gas Company, LLC for Storage Site and Tank Farm, Operating Yard, Related Activities and Appurtenant Pipelines to Said Tanks, Nawiliwili, Lihue, Kauai Tax Map Key: (4) 3-2-003:030. [Testimony]
The purpose of the prior amendment was to issue a one (1) year holdover of General Lease S-4250.
The purpose of the current amendment is to include a decommissioning bond requirement in the new lease for the removal of all trade fixtures and other equipment on the property at lease expiration or earlier termination.
6. Amend General Lease No. S-5976, Hospice of Hilo, Lessee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-4-001: 179. [Testimony]
The Purposes of the Amendment are to:
1. Expand the Current Use of “Hospice and Allied Purposes” to Include Adult Residential Care-home Services.
2. Modify the rent reopening provision of the lease to set rent based on the Board’s then prevailing policy on leasing to eleemosynary organizations (instead of fair market rental determined by appraisal) for the remainder of the lease term, from February 22, 2024, until the expiration of the lease on February 21, 2073.
7. Issuance of Direct Non-profit Lease to Na Moku Aupuni O Koolau Hui; Retroactive Renewal of Right-of-Entry Permit from December 11, 2021, to December 10, 2024, for Recreational Campsite, Agriculture and Community-based Economic Development purposes, Keanae-Wailua, Hana, Maui, Tax Map Keys: (2) 1-1-002: 008 & 009 and (2) 1-1-004: 005. [Testimony]
J. DIVISION OF BOATING AND OCEAN RECREATION
1. Denial of Petition for Contested Case Hearing filed on August 21, 2023 by Kamaʻaina Boaters regarding Item J-1 on the August 11, 2023 Board Agenda, titled: Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC for Management of Vehicular Parking at Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Withdrawn 2/5/24]
The Board may go into executive session pursuant to § 92-5(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
2. Denial of Petition for Contested Case Hearing filed on August 21, 2023 by Margaret Hallahan regarding Item J-1 on the August 11, 2023 Board Agenda, titled: Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, dba Concierge Car Wash and Traffic Monitoring Services, for Management of Vehicular Parking in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Withdrawn 2/5/24]
The Board may go into executive session pursuant to § 92-5(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
3. Denial of Petition for Contested Case Hearing filed on August 21, 2023 by Karen Boyer regarding Item J-1 on the August 11, 2023 Board Agenda, titled: Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, dba Concierge Car Wash and Traffic Monitoring Services, for Management of Vehicular Parking in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, , Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Withdrawn 2/5/24]
The Board may go into executive session pursuant to § 92-5(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
4. Denial of Petition for Contested Case Hearing filed on December 18, 2023 by Kamaʻaina Boaters regarding Item J-7 on the December 7, 2023 Board Agenda, titled: Direct Issuance of a Parking Concession to Secure Parking Hawaii LLC, in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, for Management of Vehicular Parking in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.[Withdrawn 2/5/24]
The Board may go into executive session pursuant to § 92-5(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
5. Denial of Petition for Contested Case Hearing filed on December 18, 2023 by Margaret Hallahan regarding Item J-7 on the December 7, 2023 Board Agenda, titled: Direct Issuance of a Parking Concession to Secure Parking Hawaii LLC, in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, for Management of Vehicular Parking in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Withdrawn 2/5/24]
The Board may go into executive session pursuant to § 92-5(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
6. Denial of Petition for Contested Case Hearing filed on December 18, 2023 by Karen Boyer regarding Item J-7 on the December 7, 2023 Board Agenda, titled: Direct Issuance of a Parking Concession to Secure Parking Hawaii LLC, in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, for Management of Vehicular Parking in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Withdrawn 2/5/24]
The Board may go into executive session pursuant to § 92-5(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
K. OFFICE OF CONSERVATION AND COASTAL LANDS
NON-ACTION ITEM
1. Discussion with the Department of the Attorney General regarding the status of State of Hawai‘i v. Palmer, Civ. No. 1CCV-24-0000108. The Board may go into Executive Session pursuant to Section 92-5(a)(4), Hawaiʻi Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities. (No staff submittal)
M. OTHERS