Land Board Submittals – 03/10/23
AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: March 10, 2023
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) 296-1197 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 :
| March 10, 2023 |
| Dial: +1 (669) 900-6833 At the prompts, enter: Meeting ID: 861 0915 3779 Passcode: 408560 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.
If you need auxiliary aids or services or other accommodation due to a disability, contact staff at least 72 hours prior to the meeting at 808.587.0404 or email [email protected] so that arrangements can be made. If a response is received after the 72-hour time, we will try to obtain the auxiliary aid/service or accommodation but cannot guarantee that the request will be fulfilled.- Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
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.
Update …
- Item D-1: Deferred (3/9/23)
A. SUMMARY MINUTES
1. Approval of the November 10, 2022, Summary Board Meeting Minutes.
C. DIVISION OF FORESTRY AND WILDLIFE
NON-ACTION ITEM
2. Informational Briefing on the Hawai’i Forest Bird Extinction Crisis and DLNR’s Proposed Strategy to prevent their Extinction on Maui and Kauai. [Testimony]
D. LAND DIVISION
1. Denial of Petition for Contested Case Hearing filed by 69 Railroad, LLC on September 30, 2022, Regarding the Board Action of September 23, 2022 Agenda Item D-2, Approved as Amended: Amend Prior Board Action of February 11, 2022, Item D-2, Approved as Amended, Consent to Sublease General Lease No. S-3624, 69 Railroad, LLC, Lessee, to Self Storage Hilo LLC, Covan World-Wide Moving, Incorporated, C.A.R.S.S. LLC, Provision Solar, Inc., Tracey Gapol, Charles Wagner & Erin Wagner, Hawaii Behavioral Health, LLC, Whitney & Arnessa Iranon, Mr. & Mrs. Charles and Erin Wagner, McCully Works, Inc., and Lamar Pacheco, Sublessees, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-012:026.
Authorize the Chairperson to Approve and Execute a Development Agreement for a 30-Year Extension of Lease Term and to Execute the Lease Extension Document, General Lease No. S-3624, 69 Railroad, LLC, Lessee; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2 -1-012: 026.
Approve Mediated Settlement of Rent Reopening Dispute Pursuant to Mediation Agreement for the Periods of 2026-2046, General Lease No. S-3624, 69 Railroad, LLC, Lessee; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2 -1-012: 026.
The purposes of the amendments are to: (a) provide for the updating of certain lease extension terms and the development agreement for the 30-year extended lease term, and (b) extend the time for completion of improvements required under development agreement and lease extension from approximately 10 ½ months after the Board approval of February 11, 2022, to 18 months after the execution of the development agreement.
Pursuant to Section 92-5(a) (4), Hawaii Revised Statutes (HRS), the Board may go into Executive Session in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities and liabilities.
Center, Lessee, to Diagnostic Laboratory Services. Inc., Sublessee; Lualualei, Waianae, Oahu, Tax Map Key: (1) 8-6-001:003.
F. DIVISION OF AQUATIC RESOURCES
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. Authorize the Chairperson to Negotiate and Execute a Memorandum of Understanding with the Kaanapali Operations Association, Inc. for the Funding of the Kāʿanapali Beach Restoration and Berm Enhancement Project Located at Hanakaoʻo, Lāhainā, Maui. Makai of Tax Map Keys: (2) 4-4-008:001, 002, 003, 005, 019 & 022; (2) 4-4-013:001, 002, 006, 007, 008 & 013. [Testimony]
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.
M. OTHERS