Land Board Submittals – 01/24/20

AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES

                                    DATE:            FRIDAY, JANUARY 24, 2020

                                    TIME:              9:00 A.M.

                                    PLACE:          KALANIMOKU BUILDING
                                                           LAND BOARD CONFERENCE ROOM 132
                                                           1151 PUNCHBOWL STREET
                                                           HONOLULU, HAWAIʻI 96813

 

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 orally by the end of the meeting and followed up 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.

A.        MINUTES

            1.  Request Approval of meeting minutes for December 13, 2019.

 

D.        LAND DIVISION

1.    Amend Prior Board Action of May 11, 2018, Item D-1 as amended, Amend Prior Board Action of July 28, 2017, Item D-10, Consent to Assignment of Fifty Percent (50%) Interest in Ficker & Hunt, a Hawaii Partnership, also known as Ficker & Hunt Partnership, Lessee under General Lease No. S-4649, from Albert Ficker, Assignor, to Chester Hunt, Assignee; Acknowledgment that Lessee under General Lease No. S-4649 Will Thereby Become Chester Hunt, as Tenant in Severalty; Kekaha, Waimea, Kauai, Tax Map Key: (4) 1-3-008:003;

The purpose of the amendment is to: (i) delete the portion of the Board approval stating that Chester Hunt will become the lessee under the lease, and instead confirm that the lessee will remain Ficker and Hunt, a Hawaii Partnership; and (ii) address the effect of a March 20, 1995 Extension of General Lease No. S-4649 (1995 Extension), and to specify that even though the extension incorporated a lease assignment premium provision into the lease, that provision and others in the 1995 Extension are unenforceable because they constitute an improper amendment of a public auction lease.  Staff recommends an Amendment of the 1995 Extension to Eliminate all Terms and Conditions Therein That Are Inconsistent with General Lease No. S-4649 as Sold at Public Auction (except for the increase in the duration of the lease);

After-the-fact Consent to Sublease under General Lease No. S-4649, Ficker & Hunt, a Hawaii Partnership, Sublessor, to United States Postal Service, Sublessee; Approve 20-Year Extension of Lease Term, General Lease No. S-4649, Ficker & Hunt, a Hawaii Partnership, Lessee; Kekaha, Waimea, Kauai, Tax Map Key: (4) 1-3-008:003. 

The purposes of the current amendment are for the Board to: (1) delete that portion of the Board’s May 11, 2018 action under Item D-1 that specified the lessee would remain Ficker & Hunt, a Hawaii Partnership, and instead reinstate that portion of the Board’s action of July 28, 2017, Item D-10, consenting to the assignment of an undivided fifty percent (50%) interest in the canceled Ficker & Hunt partnership registered September 8, 1982 from Albert Ficker, as assignor, to Chester Hunt, as assignee, and confirming that Chester Hunt thereby became the lessee under the lease as tenant in severalty; (2) consent to the assignment of the lease from Chester Hunt, as assignor, to Ficker & Hunt, a Hawaii Partnership registered on May 23, 2018, as assignee; (3) ratify the consent to sublease approved at its meeting of May 11, 2018, Item D-1, with the clarification that Ficker & Hunt, a Hawaii Partnership registered on May 23, 2018 is the sublessor and the United States Postal Service is the sublessee; (4) ratify the 20-year extension of lease approved at its meeting of May 11, 2018, Item D-1, with the clarification that Ficker & Hunt, a Hawaii Partnership registered on May 23, 2018 is the lessee in the extension period; and (5) change a portion of the improvements required for the lease extension by replacing “reconstruction of the apron connecting the parking lot to the road” with “replacing two rooftop air conditioning units,” and find that lessee’s expenditure of $114,393.15 for improvements to the premises is sufficient for the lease extension. 

2.    Intentionally Left Blank

3.    Denial of Petition for Contested Case Hearing filed by Oceanfront 121, Inc. on December 23, 2019, Regarding December 13, 2019 Agenda Item D-2, Authorize the Issuance of a Request for Qualifications / Request for Proposals for Lease of Improved Public Lands; Waiakea, South Hilo, Hawai‘i, Tax Map Key: (3) 2-1-005:020. 

4.    Set Aside to County of Hawai‘i for Parking Purposes, Waiakea, South Hilo, Hawai‘i, Tax Map Key: (3) 2-2-018:038. 

5.    Denial of Petition for Contested Case Hearing filed by Sierra Club of Hawaii on October 18, 2019, Regarding October 11, 2019 Agenda Item D-1, Continuation of Revocable Permits S-7263, S-7264, S-7265 to Alexander & Baldwin, Inc. and S-7266 to East Maui Irrigation Co., Ltd., for Water Use. 

6.    Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Special Event Aerial Fireworks Display at Duke Kahanamoku Lagoon on February 17 and 23, 2020, Waikiki, Honolulu, O‘ahu, Tax Map Key: (1) 2-3-037: portion of 021. 

7.   Denial of Petition for Contested-Case Hearing filed by David Kimo Frankel on October 29, 2019; Regarding October 25, 2019 Agenda Item D-7, Revocable Permit No. 7915 to Resorttrust Hawaii, LLC; Waialae, Honolulu, O‘ahu, Tax Map Key: (1) 3-5-023:041. 

 

E.        STATE PARKS

1. Amend General Lease No. SP0115, Glen Hontz and Virginia Dunas, Lot 35, Waimea (Kona), Kaua‘i, Tax Map Key: (4) 1-4-002:015.

The purpose of this Amendment is to correct the Termination Date to read December 31, 2028 and amend the Re-Opening date.  Virginia Dunas Is Tenant-in-Severalty as the Widow of Glen Hontz.

 

F.        DIVISION OF AQUATIC RESOURCES

 1. Papahānaumokuākea Marine National Monument permittees briefing regarding activities conducted in 2019.  (NON-ACTION ITEM) 

 

J.         DIVISION OF BOATING AND OCEAN RECREATION

1.    Amend Prior Board Action of July 13, 2018, (Item J-3) to issue Five-Year Concession Contracts with an Option to Renew for One Additional Five-Year Term for Operating Fuel Dispensing Trucks at Mā‘alaea Small Boat Harbor, Maui, Tax Map Key: (2) 3-6-001:002; Keauhou Small Boat Harbor, Hawai‘i, Tax Map Key: (3) 7-8-012:055; Kailua-Kona Small Boat Harbor, Hawai‘i, Tax Map Key: (3) 7-5-006:039; and Kawaihae Small Boat Harbor, Hawai‘i, Tax Map Key: (3) 6-1-003:023.

This Submittal requests amendment of the Prior Action by specifying the authorization is to operate Fuel Dispensing Trucks via three Separate Concession Contracts to be offered at Mā‘alaea Small Boat Harbor, each according to one of three Specified Fuel Types, that a Single Concession Contract will be offered to sell both Gasoline and Diesel Fuels covering all three named Hawaii Island Small Boat Harbors; and the deletion of the Option to Renew for one additional Five-Year Term from each Concession Contract.

2.    Amend Prior Board Action Dated September 27, 2019, Item J-5, Termination of Revocable Permit No. 20 to Maui Petroleum, Inc, for Dispensing/Delivery of Fuel via Tank Truck previously approved on June 28, 2019 as Item J-2; and Issuance of a New Revocable Permit to Hawaii Petroleum, LLC, for Dispensing/Delivery of Fuel via Tank Truck; Mā‘alaea Small Boat Harbor, Mā‘alaea, Wailuku, Maui, Hawai‘i, Tax Map Key: (2) 3-6-001:002 (Por);

The purpose of this amendment is to correct the Monthly Per Gallon Rent from $0.05 Per Gallon to $0.005 Per Gallon for the Revocable Permit issued to Hawaii Petroleum, LLC.

3.    Mutual Cancellation of Revocable Permit No. 50 to Nawiliwili Yacht Club, Nāwiliwili Small Boat Harbor, Nāwiiliwili, Island of Kaua‘i, Hawai‘i Tax Map Key: (4) 3-2-03:043 (Portion).

 

K.        OFFICE OF CONSERVATION AND COASTAL LANDS

1.   Conservation District Enforcement HA 20-18 Alleged Unauthorized Use – Mr. Gary and Mrs. Caroline Killeen’s Alleged Transient Rental Located in the Conservation District at 87-288 Kaohe Road, Kona Paradise Kaohe 4th, South Kona, Hawai‘i, Tax Map Key: (3) 8-7-019:036.

2. Conservation District Use Application HA-3852 for Jeffery and Vanessa Huff’s Single-Family Residence, Landscaping, and Associated Improvements Located at 3221 Kaiwiki Road, Kaiwiki, South Hilo, Hawai‘i, Tax Map Key: (3) 2-6-011:026.

The Final Environmental Assessment was published in the December 8th, 2019 edition of The Environmental Notice.  Should members of the Board like to review the Final EA, it can be found at:

http://oeqc2.doh.hawaii.gov/Doc_Library/2019-12-08-HA-FEA-Huff-SFR-at-Kaiwiki.pdf

 

L.         ENGINEERING

1.    Appointment of A. Iwalani Poaipuni and Haunani F. Collins to Serve as Directors of the Hana Soil and Water Conservation District

2.    Appointment of Steve Chaikin to Serve as a Director of the Molokai-Lanai Soil and Water Conservation District

3.    Hawaii Dam Safety Program Briefing

Non- Action Item (Deferred from January 10, 2020 meeting)

 

M.        OTHERS

1.    Intentionally Left Blank

2.  Issuance of a Revocable Permit for Aircraft Parking, Seawings LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-43:003 (Portion).   

3.   Request for Cancellation of Perpetual Non-Exclusive Easement 6B, and to Issue Exclusive-Use Easement 6C to Servco Pacific Inc., for a Term of Thirty-Five (35) years. Tax Map Key: (1) 1-2-024:001 (Portion), Governor’s Executive Order No. 3947.

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.

 

TO BE PLACED ON THE MOVE UP AGENDA, PLEASE SIGN IN BY 9:00 A.M. THE DAY OF THE MEETING.

Public Testimony:   e-mail: blnr[email protected]

Q:  HOW DO I SUBMIT A TOPIC OR AGENDA ITEM TO THE BOARD OF LAND & NATURAL RESOURCES MEETING?

 
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