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Home My WebLink AboutBOE_2019_1018_Agenda PacketAn Equal Opportunity Employer Dean Toyofuku Members: Chair Ryan de la Pena Maureen Tabura Mia Shiraishi Mary Tudela Vice Chair Susan Burriss Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, October 18, 2019 1:00 p.m. or shortly thereafter Mo‘ikeha Building, Liquor Conference Room 3 4444 Rice Street, Līhu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Open Session Minutes of September 20, 2019 COMMUNICATION BOE 2019-27 Letter from Elizabeth Ann Ishii of Char Sakamoto Ishii Lum & Ching, Attorneys at Law, dated January 9, 2019 to Mayor Kawakami and received September 27, 2019 by the Board of Ethics regarding Executive Order to Setting Aside State of Hawaii Properties bearing Tax Map Keys (4) 4-5-008:008 and 009 (the "State Properties"), which are owned by the Department of Land and Natural Resources (the "DLNR") for Community Needs and Social Services Related Purposes. BOE 2019-28 Letter from Elizabeth Ann Ishii of Char Sakamoto Ishii Lum & Ching, Attorneys at Law, dated September 25, 2019 to Mayor Kawakami regarding New Hope Kauai's proposed use of 1326 Inia Street, Kapaa, Kauai (TMK(4)4-5-008:008 and 009 ( the "State Properties") which are subject to Executive Order 4566. REQUEST FOR AN ADVISORY OPINION None BUSINESS BOE 2018-17 Discussion and possible action by the Board of Ethics to provide explicit recommendation(s) on how to improve the existing countywide disclosure requirement and to discuss and propose a Board of Ethics – October 18, 2019 2 | Page fine schedule for non-compliance. Review and discuss HRS section 46-1.5(24), County of Honolulu Chapter 6 Ethics Board Sec. 3-8.5, Chapter 14 Ethics Board of Appeals. BOE 2019-22 Discussion and possible action by the Board to provide notice to County employees regarding ethics requirements for former employees. DISCLOSURES Employee/Elected Official/Officer 1. Adam Roversi, Housing Director Volunteer 2. Katherine Otsuji, Board of Review 4. Mia Shiraishi, Board of Ethics (Deferred on 9/20/19) EXECUTIVE SESSION Pursuant to Hawai’i Revised Statutes §92-4, §92-5 (a) (2) and (4), §92-6 (a) (b), the purpose of this Executive Session is to consult with the Board’s legal counsel on issues pertaining to Resolution 2019-1 to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;, the Board’s and the County’s powers, duties, privileges, immunities, and /or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-006 Executive Session Minutes of September 20, 2019 ES-007: BOE 2019-24 Review of Resolution 2019-1 for initiating an investigation under Rule 6.2 into an allegation that an employee or officer of the County has breached the Code of Ethics as set forth in the Kaua'i County Charter section 20.02 A and E, the Kaua'i County Code 1987, as amended by June 2019 Code Supplement, Article 1, Section 3-1.4 and 3-1.6. No officer or employee of the county shall: a. Solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the officer or employee in the performance of the officer or employee’s Board of Ethics – October 18, 2019 3 | Page official duties or is intended as a reward for any official action on the officer or employee’s part. b. Use county property for other than public activity or purpose. RETURN TO OPEN SESSION Ratify on Board actions taken in Executive Session. ANNOUNCEMENTS Next Meeting: Friday, November 15, 2019 – 1:00 p.m., Mo‘ikeha Building, Liquor Conference Room 3 ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Board may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. cc: Office of the County Attorney PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24 hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Board of Ethics – October 18, 2019 4 | Page Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Līhu‘e, HI 96766 Phone: (808) 241-4917 Fax: (808) 241-5127 SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Commission: BOARD OF ETHICS Meeting Date September 20, 2019 Location Mo‘ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:41 p.m. Present Chair Dean Toyofuku, Vice Chair Mia Shiraishi. Members: Ryan de la Pena, Maureen Tabura Also: Deputy County Attorney Todd Jenson. Boards & Commissions Office Staff: Administrator Ellen Ching and Administrative Specialist Anela Segreti. Excused Mary Tudela, Secretary Susan Burriss Absent SUBJECT DISCUSSION ACTION Call To Order Chair Toyofuku called the meeting to order at 1:00 p.m. with four members present which constituted a quorum. Approval of Minutes Open Session Minutes of August 23, 2019 Ms. Tabura moved to approve the minutes of August 23, 2019 as circulated. Mr. de la Pena seconded. Motion carried 4:0. Communication BOE 2019-25 Report of State Ethics Conference. Reports from Chair Toyofuku and Vice Chair Shiraishi (on file). Chairs gave a summary of the First State Ethics Conference and shared what they feel are areas they should be looking at: 45 day response to RAOs; Anonymous Complaints; Notary for Disclosures; Gift Disclosures. These will be placed on next month’s agenda for discussion. Request for Advisory Opinion None Board of Ethics Open Session September 20, 2019 Page 2 SUBJECT DISCUSSION ACTION Business BOE 2018-17 Discussion and possible action by the Board of Ethics to provide explicit recommendation(s) on how to improve the existing countywide disclosure requirement and to discuss and propose a fine schedule for non-compliance. Review and discuss HRS section 46-1.5(24), County of Honlulu Chapter 6 Ehics Board Sec. 3-8.5, Chapter 14 Ethics Board of Appeals. Chair Toyofuku explained that the documents that pertain to the fine schedule and the Board of Appeals situation. Ms. Ching recommended a deferral to allow the new Deputy County Attorney, Todd Jenson, to review previous recommendations from the previous Deputy County Attorney and the documents from HRS, and City and County of Honolulu. She stated that though we do not have an active Board of Appeals, most appeals are referred to contested cases, which is a due process. It is up to the County Attorney to determine if that is an adequate process for appeals. BOE 2019-26 Review and approve revocations of Advisory Opinions RAO 13-006 and RAO 18-004. Ms. Ching reviewed that these Advisory Opinions were brought up in a recent Request for Advisory Opinion that was requesting to perform the same type of outside work that had been found to not be a conflict. In reviewing those opinions in light of the new request, the Board decided to revoke those opinions. Vice Chair Shiraishi asked about second paragraph on page 3, “Inasmuch as the Board’s discussions and deliberations concerning this matter were …, no redacted version of the Advisory Opinion shall be prepared.” Is it an Advisory Opinion or is it a Declaratory Order? Ms. Ching responded that it should be Declaratory Order. Mr. de la Pena moved to defer BOE 2018-17 for Counsel’s review and advisement. Ms. Shiraishi seconded. Motion carried 4:0 Board of Ethics Open Session September 20, 2019 Page 3 SUBJECT DISCUSSION ACTION Vice Chair Shiraishi also corrected last sentence on page 3 should be superseded, one word not two and also correct spelling of Burrriss. BOE 2019-22 Discussion and possible action by the Board to provide notice to County employees regarding ethics requirements for former employees. Ms. Ching requested a deferral. Ms. Shiraishi moved to approve with corrections BOE 2019-26. Ms. Tabura seconded. Motion carried 4:0 Ms. Tabura moved to defer BOE 2019-22. Mr. de la Pena seconded. Motion carried 5:0 Disclosures Employee/Elected Official/Officer 1. Matthew Bracken, County Attorney Volunteer 2. Marissa Sandblom, Charter Review Commission 3. Stephen Long, Kauai Historic Preservation Review Commission 4. Mia Shiraishi, Board of Ethics Ms. Tabura moved to accept Disclosures 1,2,3 and defer 4 due to a lack of quorum for 4. Mr. de la Pena seconded. Motion carried 4:0 Executive Session Chair Toyofuku entertained a motion to enter into Executive Session pursuant to HRS §92-4, §92-5 (a) (2) and (4), §92-6 (a) (b), the purpose of this Executive Session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Board of Ethics Open Session September 20, 2019 Page 4 SUBJECT DISCUSSION ACTION Board’s legal counsel on issues pertaining to the Board’s and the County’s powers, duties, privileges, immunities, and /or liabilities as they may relate to this item, deliberate and take such action as appropriate. The Board moved into Executive Session at 1:18pm. Ms. Tabura moved to go into executive session. Ms. Burriss seconded. Motion carried 5:0. Return to Open Session Ratify Board actions taken in Executive Session. The Board resumed in Open Session at 1:41 pm Mr. de la Pena moved to ratify decisions made in Executive Session. Ms. Shiraishi seconded. Motion carried 4:0 Announcements Next Meeting: Friday, October 18, 2019 – 1:00 p.m., Mo‘ikeha Building, Liquor Conference Room 3. Vice Chair Shiraishi will not be attending. Ms. Tabura may not be attending. Adjournment Mr. de la Pena moved to adjourn the meeting, Ms. Shiraishi seconded. Chair Toyofuku adjourned the meeting at 1:41 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Dean Toyofuku, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of meeting. I?r.. - ' ^' ,:i I RECEIVED January 9,2019 lo RE Executivc Order to Sctting Aside State of Hawaii Propcrties bcaring T8x Map Keys (4) 4- 5-008:008 and 009 (the "Sutc Properties"), which are owned by the Dcpartmcnt ofLand and Natural Resourccs (the "DLNR") for Communily Needs and Social Services Rclated Purposes. Dear Sir For many years the community has suffered from the d-g use, fighs, vandalism, vagftuts, unsanitary and dangerous conditions, etc. on the State Properties. Ms. Jasper uscd to live on her propeny, but by 2015, she had become so traumatizcd by the drugs and violence that she moved oul and went back to living in her parents'home in Lihue. Now. the Executive Order allows the County to use the State Properties for "community needs and social scn'ices rclated purposes." What does thar mean? The State Properties front a beautiful bcach. What better place to hang out - especially if social services include free meals, child care, drug treatment, etc. The County should not consider uses for the Sute Properties which are likcly to increase the drug use, fights, vandalism, vagrants, unsanitary and dangerous conditions - which County police, Department of Health, etc. are already unable to conrol. The subminal from DLNR District Land Agent requesting the Executive Order said the "Count! intends to award a religious based vendor to occupy. operate, and manage the propeny, to provide communily/pubic services for the needy, as well as to operate as a church." Former Mayor Cravalho was, at the same time, telling community members that he planned to turn the State Properties over to New Hope Church. Please note the Exccutive Order, itselt does not mention a church - *'hich makes sense as there may be better organizations to offer communitylpublic services and, it would seem odd, at $e least, for the County to tum over the State Properties to a churchjust so it can hold services and, perhaps, housc its clergy. This is notjust about Ms. Jasper. The State Properties are in a ncighborhood with long-time homeowners and small businesses which serve local people and tourists (Old Kapaa Tovm). There are churches and schools. There is even a largc pre-school (K.I.D.S School). founded in 1989. that is just one house away from the State Properties. Asit evaluates "social services related purposes" permirted undcr the Executive Order, thc County must seriously considcr the clrlR sAr(AM0r0 lsil!r tllM &Gilil0 AIIl|fliJIIS NI I A$' Itfi CIilIII r trlr r,ru tEr aara, rr rr nEl,rrl r rrtr(r) ta{ra.rHr (r) E-rta sEP 2 7 2or9 The Honorable Derek S. K. Kawakami Mayor, County of Kaua'i 4444 Ricc Street, Suite 235 Lihue, Hawaii 96766 I am the attomey for Jennifer L. Jasper. N{s. Jasper ouns the property, TMK (4) 4-5-008-033, which is ncxt to the State Propenies. Governor Ige signed Executive Order datcd November 19. 201 8 lthe "Executive Order") setting aside the State Propcnies for community nccds and social services related purposes. A copy ofthe Executive Order is encloscd. Ms. Jasper respectfir.lly requests that the County carefully monitor any implementation of the Executivc Order for thc reasons set forth below. BOE 2019-27 flm $flnM0I0 t$ilil ttll/l 88lllI{8 fillllrlr$ fl uI safety and well-being of these community members. It must give due consideration to their testimony. We note that, at the hearing before the Board of Land and Natural Resources which gave rise the to the Executive Order, community members testified that what the "community needs" is more parking to support the local residences and businesses, so that people visiting the area do not have to resort to parking illegally and blocking the roads. These matters are more specifically detailed, and supported by photographs and other information, in the letter to Govemor Ige from the undersigned and letter to Mayor Cravalho from Ms. Jasper (copies of which are enclosed herewith). Therefore, Ms. Jasper respectfully requests that the County carefully monitor implementation of the Executive Order and conduct prudent due diligence in accordance with its required procedures to (a) identify appropriate community needs and social services, (b) address land use and other applicable restrictions, and (c) then select a qualified vendor. Specifically, the community should be invited to provide meaningful input on these issues (including, but not limited to, providing testimony at hearings). Given that community members, including Ms. Jasper, have made complaints about and had ongoing discussions with County depa(ments about the State Properties, it seems that the due diligence to solicit community input should be more than an obscure published notice of hearing. At the hearing in July 2018 at which the Board of Land and Natural Resources decided to ask Govemor Ige for the Executive Order, the Board (particularly Mr. Oi, the Kauai representative) assured those present that community members would have the opportunity to express their opinions and rgue their cases as these matters are being considered by the County Planning Department and other relevant agencies. Thank you for your consideration. Very truly yours, CHAR SAKAMOTO ISHII LUM & CHING Cl'L' Elizabeth Ann Ishii Encs: A t{w c0fiP0nAlt0rll The Honorable Derek S. K. Kawakami Page 2 Janua,ry 9,2019 The Honorable Derek S. K. Kawakarni Page 3 January 9, 2019 cc: Mr. Michael A. Dahilig, Managing Director Ms. Sara Blane, Chief of Staff 4444 Rice Street, Suite 235 Lihue, Hawaii 96766 Ms. Ellen Ching, Administrator Offrce of Boards and Commissions 4444 Rjce Street, Suite 150 Lihue, Hawaii 96766 Ms. Kanani Fu, Director County of Kaua'i Housing Agency 4444 Rice Street, Suite 330 Lihue, Hawaii 96766 Ms. Donna Apis4 Chair Ms. Glenda Nogami-Streufert, Vice-Chair Ms. Heather Ahuna Ms. Elesther Calipjo Mr. Sean Mahoney Mr. Kimo Keawe Mr. Roy Ho Planning Commission cio County of Kaua'i Planning Departrnent 4444 Rice Street, Suite 473 Lihue, Hawaii 96766 Mr. Arryl Kaneshiro, Council Chair Mr. Ross Kagawa, Council Vice Chair Mr. Arthur Brun Mr. Mason K. Chock Ms. Felicia Cowden Mr. Luke A. Evslin Mr. KipuKai Kuaii'i Kaua'i County Council 4396 fuce Street Suite 209 Lihue, Hawaii 96766 Laurel Loo, Esq. 4357 Rice Street Suite 102 Lihue, Hawaii 96766 Ms. Suzanne Case, Chah Itlr. Thomas Oi Mr. Stanley H. Roehrig Mr. Keith Downing Mr James A. Gomes Mr. Samuel Gon III Mr, Christopher Yuen Board of Land and Natural Resources DLNR Main Office 1 15 I Punchbowl Street Honoluh:, Hawaii 96813 Mr. Russell Tsuji, Administrator Department of Land and Natural Resources Land Division 1 151 Punchbowl Street, Suite 220 Honolulq Hawaii 96813 The Honorable David Y. Ige Govemor, State of Hawaii Executive Chambers State Capitol Honolulu, Hawaii 96813 Russell Suzuki, Esq., Attomey General Cindy Young, Esq., Deputy Attomey General David Day, Esq., Deputy Attorney General Department of the Attomey General 425 Queen Street Honolulu, Hawaii 96813 Gmn $ilffi0r[ t$il1 l[M 8fit]il[ mu6r$ n ut A LAW C{IRP(|BATIOiJ Mr. Ka'aina S. Hull, Director Ms. Jodi A. Higuchi Sayegusa, Deputy Director Kaua'i County Planning Department 4444 Rice Street, Suite A473 Lihue, Hawaii 96766 Mr. Wesley T. Matsunaga District Land Agent 3060 Eiwa Street, Suite 218 Lihue, Hawaii 96766 Govemor's Liaison Office 3060 Eiwa Street, Suite 106 Lihue, Hawaii 96766 RE JENNIFER L. JASPER P.O. Box 946 Lihue, Hawaii 96766 Phone: (808) 6354169 Odober 10,2018 Bernard P. Carvalho, Jr. Mayor, County of Kauai 4444 Rice St., Suite 235 Lihue, HI 96766 Inia Street Properties with Tax Map Keys (4) 4-5-008:008 and 009 (the "Properties") which the County plans to award to a Church. Dear Bemard P. Carvalho, Jr. My house is on Inia Steet next door to the Properties. I have heard that, as soon as the Governor issues the Executive Order, you plan to award the Propedies to another Church. The Executive Order is supposed to say that the Chuch must use the Properties for "commruity needs related purposes." I believe this will aggravate the problems we have o<perienced for many years with the Properties: drug use, figh*, vandalism, vagrants, unsanitary conditions, etc. Those problems existed even when the DLNR was leasing one ofthe Properties to Temikyo Taiheiyo Kyokai Church. The DLNR finally terminated the Tenikyo Lease in 2015 because of the horrible condition ofthe Property and other defaults such as building and zoni,'g 1aw violations (which still exist) ofthe firo buildings on the Property. Members of the commrmity have filed many police reports and complained repeatedly to Counuy deparhents, as well as the DLNR. The situafion has never improved. Now you plan to tum the Properties over to another church - this tioe for "community needs related puposes." What does thal mean? Lr his submission to tle Board of Land and Natural Resources (DLNR) for the July 13, 2018 meeting the Kauai Diskict Land Agent mentioned services to homeless or needy people for their personal care, wellbeing, survival, aad housing needs. This will make the terrible situation even worse for the community. For example, if tle church opens a food pantry this will encourage even more homeless people to live on or noar the Properties. What better place to settle than on a beautifirl beach with a near-by food source? How will the police deal wittr an increase in problems when ttrey haven't been able to keep the problems utrder control irr existing conditions? I realize ttrat govemment and commuoity should wotk together to address Kauai's sooial problems. However, in this case, the govemrnent is acting alone and making plans that will hurt local residents and businesses. The Properties aro iu a community with long-time homeorruners and small businesses that serve local people aud tourists. There are churchss and schools- There is even large pre-school that is one house away ftom the Properties. The Cormty has to look out for the safety and well-being of these people as well as the homeless and needy. Finally, the Properties are not wen suited for a church or community needs services - tbe building footprints are too small and lhere is no parking. lt made sense when the Kauai Distict Land Agent told the DLNR on Aprii 28, 20 1 7 &at "this parcel is within residentially developed neighborhoods and the hig&est and best use for fre oarcels would be for residential use" (specifically, a singls f.mily dwelling). At that time we were told the County planned to rent the Property to a fireman or policcoan as affordable housing. Although it seemed a little odd, we didn't object because it might reduce the drugs, vandalism, etc. Now, a little over one year later, the Couoty has decided that the highest and best use oftbis residential property is for a chuch ro provide community needs services? Thatjust doesn't make sense. I moved out ofmy Inia Steet home in 2015 because ofthe ongoing problems at the Properties, Now I live in my parents' Lihue house where I grew up because I'm aliaid to live in my own house. Please do not award tbe Properties to another Church for community needs related purposes. At the very minimum, please require aad encourage the County Planning Department to (a) conduct studies on the potential impact on the surrounding community, (b) follow applicable procedures (e.g., doosn't the award to a church have to follow the procurement rules?), (c) follow applicable laws (e.g., is chwch/commrurity needs services a persritted use of the Properties?), and (d) hold hearings at which members ofthe community can express their thoughts and ideas on this subject Please let me know ifyou have any questions, Thank you for your consideration- Sincerely yours, L. Jasper 2 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Total Number of Paqes: Tax Map Key Nos. (4) 4-5-008:008 and 009 rROM:STATE OF HAWAII BOARD OF LAND AND NATURAL RESOURCES TO:COUNTY OE KAUAI 4444 Rice Street, Suite 235 T,ihue, Hawaii 967 66 4 566 EXECUTIVE ORDER NO. SETTING ASIDE LAND EOR PUBLIC PURPOSES BY THIS EXECUTIVE ORDER, I, the undersigned, Governor of the State of Hawaii, by virtue of the authotity in ne vested by Section 171-L1, Hawaii Revised Statutes, as amended, and every other authority me hereunto enabling, do hereby order that thepublic land and improvements hereinafter described be, and the same j"s, hereby set asj-de for the following public purposes: EOR COMMUNITY NEEDS AND SOCIAL SERVICES RE],ATED PURPOSES, to be under the control and management of the County of Kauai, being that pa.rce]- of land situate Kauai, Hawaii, and identified as "commun Services Site," containj,ng an area of 0. atity 527dd Kapaa, Kawaihau, Needs and Social acre, more elineated on Exhibit f-,u.. rPfrD. O.t-ltr.r J t' h rt Cdd 749253 1. DOC ) ) ) ) ) ) ) ) ) ) ) ) "Br" both of which are attached hereto and made parts hereof,said exhibits being respectively, a survey descriptj"on and survey map prepared by the Surve.y Divisj-on, Department of Accounting andceneral Services, State of Hawaii, both being designated C.S.f.No. 25,693 and dated October 15, 2018. SUBJECT, HOWEVER, to the condition that uponcancellation of this executive order or in the event of non-useor abandonment of the premi.ses or any portion thereof for a continuous period of one (1) year, or for any reason whatsoever. the County of Kauai sha1l, within a reasonable time, restore the premises to a condition satisfactory and acceptable to the Department of Land and Natural Resources, State of Hawaii. SUBJECT, FURTHER, to disapproval by the Legislature by two-thirds vote of either the Senate or the House of Representatives or by majority vote of both, in any regular or special session next following the date of this Exeeutj-ve Order. This executive order does not, authorize the recipientof the set aside to seII or exchange o! otherwiae relinguish the State of Hawaii's title to the subject public land. IN WITNESS WHEREOE, f have hereunto set my hand and caused the Great Seal of the State of Havraii to be affixed, Done at the Capitol at Honolulu this NoVrmkr , 20L8. DAVI D Governor of the State of Hawaii APPROVED AS TO FORM: COLIN I,AU Deputy Attorney ceneral Dated:trrtey't 2 E$r" AttrD,O+rt*l oa fr 7'19253 1. Doc lqlr, day of FtA STATE OE HAWAI I Office of the Lieutenant covernor 3:l:,'i"Jg cE45ry6rhat'n:.Itil in is a true copy ofg aside land for publicExecutive purposes,the original of which is on file in this office. IN TESTIMONY WHEREOE, the lieutenant Governor of the State of Hawaii, has hereunto subscribed his name and caused rh tS 1 of the State to be affixed. DOUGLAS S. CHIN Lieutenant Governor of the State of Hawaii 201\DONE in Hono1ulu, thi s N orrcmb.ef A. D. day of 2 018 3 nl^1.^ttfD. O.F.tn d oa tr. fao.nq 6.r..d?49253_1. DOC 'til'irr STATE OT EAWAI'I SURVEY DTYISION DEPARTMENT OF ACCOUNTING AND GENENAL SERVICES HONOLT'LU C.S.F. No. 25.693 October 15,2018 COMMUMTYNEEDS AND SOCIAL SERVICES SITE Kapaa Kawaihau, Kauai, Hawaii Being a portion ofthe Govemment (Crown) Land ofKapaa Being also Lots I and 9. Block S ofKapaa Town Lots, First Series. Begianing at the southwest comer of this parcel of land, at the northwcst conrer of Lot 4, Block S of Kapaa Town Lots, First Series and on the east side of Inia Stseet, the soordhates of said point of beginniag referrcd to Government Survey Triaagulation Station 'NONOU" being 4832.5 feet North and 12,396.9 feet Eas! thence ru::ning by azimuths measured clockwise ftom True Southi I ) 3. 19r 53' 289" 53' 19' 53' t 50.00 feet along the east side of Inia Steeq 151 .20 fect along the south side of Kauwila Ste€t; 150.00 feet along remainder of Govemment (Crovm) Land of Kapaa; tt5^ ArtfD. D+-rnra oa fr EnflBr.A'-1- C.s.F. No. 25.693 4. i09. 53' October 15, 2018 151.20 feet along Lot 4, Block S ofKapaa Town Lots, First Series to the point ofbegirmiog and containing an AREA OF 0.521 ACRE. SIJRVEY DIVISION DEPARTMENT OF ACCOUNTN.IG AND GENERAL SERVICES STATEOFHAWAtr By:h,u-A-L z. Gerald Z. Yonashiro Laud Surveyor rk Compiled from Kauai Fiie Carton 5-B and other Gov't. Suwey Records. mu.{ APtro. Orfrtnrrf d b ,lofirl Cr-d -2- 10 1 in' Gro^t &lOto Chlng Grsnt 7129 lo Rora P. Controd.s Lot 4 Cront 69gsb Joha F, cpnl,!,d.' Lot J8LO6 0T_ I Crcnl 627C to HE Kln Lol 3 ero,[,t 11,9$lo Chlcl<o Y. Yo,,'no Lot t e,nrn 6a,7to Foaglr. Srr.. Lot 6 BL@K NYosng ir,tt 5 t- l.lJl.d Etn d{€ 1832.5 INIA SIREET tg,@ 616 o o l.)&ont 1l,J2l to HoD Dal chong Loi 5eBp eEE Et.l: ,l6 rr S ESE Lol 1 s =5 s,6i9t} |I BLOCK R !.t E ,9'5'1&.00 zg87 Govornof's ,% 4 1167 n"*.",' ,[fnlo"'J''" rrrrrmoGl @ttulMfiY NEEDS tlrD SOCIAI SEFI4CES SrrE Kopoo, Kowolhou, Kouoi, Howoii sco,.: , ,nci - 1o tcct EXHIBIT.B, ,ln ^rrD.O.tih-f J i. /erlrt Oaa..d q Loi .J ,,, 10.521 SLOCI<;S .la't$' 'e.\. Loti9 Lol t 50_o &6 f,-2ra(?r) ctf, csF. ra 21nt rfl O!i.e- tt ,l,tt DEPAR'IUENT OF ACCOUNNNG AND GENERAL SERVICES ln( 14-0a. dt 6.1 oa 12,396-9 E 'I,Jot{ou'A lo odcl October 25, 2018 The Honorable David Y. Ige Governor, State of Hawaii Executive Chambers State Capitol Honolulu, Hawaii 96813 RE: Opposition to DLNR Request for Executive Order to Set Aside State of Hawaii Properties with Tax Map Keys (4) 4-5-008:008 and 009, on Kauai (the "State Properties") for Community Needs and Social Services Purposes. Dear Sir I am the attorney for Jennifer L. Jasper. Ms. Jasper owns the property, TMK (4) 4-5-008-033, which is next to the State Properties. We understand you will be receiving a rcquest from the Department of Land and Natural Resources (DLNR) for an Executive Order to set aside the State Properties for community needs and social services, as approved by the Board of Land and Natural Resourccs (BLNR) at meetings in July 2018. Ms. Jasper asks dlat you rcject the DLNR's request for the Executive Order for the reasons set forth below. At the July 27, 2018 BLNR meeting, Ms. Jasper and her neighbor, Tom Summers, submitted oral testimony and other community members, including the Kapaa Business Association, submitted written testimony opposing dre set aside ofthe State Properties for community needs related purposes. Copies ofthe written testimony are attachcd. They described their experience with the State Properties. For many years the community has suffered fiom the drug use, fights, vandalism, vagrants, unsanitary and dangerous conditions, etc. on the State Properties. As noted in the Dishict t,and Agent's July 13, 201 8 submission to the BLNR ("Submission"), community rnembers have made numerous complaints to the DLNR (and Kauai police, department of healdr. and other oflicials) about those ongoing problems. The problems even existed when one ofthe State Properties was leased to Tenrikyo Taiheiyo Kyokai Church until the DLNR terminated its lease in 2016. The problems continue to date. See enclosed pictures ofthe State Properties. The Minutes of the July 27,2018 BLNR meeting reflects Ms. Jasper's testimony, in paft, as follows: Jennifer Jasper . . has been victimized by people that frequent the area and she is traumatized by all the vandalism aod issues there. Shc cannot even live there anymore . . She is frusfated and unable to deal with drug addition [sic], mental illness and drinking that happens right in-front of her. She vented her frustration with the County and State with non-action. lEmphasis added.l Ms. Jasper was born in Honolulu but has lived and worked on Kauai for over fifty-one years. She built her "dream home" on the property next to the State Properties. She moved out in 2015 because she was afraid to continue living there, and went back to living in her parents' home in Kapaa. She cannot even rent or sell her home because of the terrible problems next door. flT0nfltts fl u,l llltr Clll$lflli r trlr r0,or[r aurflc rffrn, l|r rip mET, Hrm.[q uffil r8$r r( r) [r.itn rrurffi.r: (t!t] [t.n{t IIIAR $ffr[M0I0 t$il[ rllM &cilrll0 The Honorable David Y. Ige Page 2 October 25, 2018 Now the County wants to turn the State Properties over to another church for community needs related purposes. In his Submission, the District Land Agent said the "County intends to award a religious based vendor to occupy, operate, arld manage the property, to provide community/pubic services for the needy, as well as to operate as a church." There is no definition of"community needs related purposes" in the statutes or regulations. What if the new church runs a food pantry? The State Properties front a beautiful beach. What better place to hang out - especially with access to free meals? Isn't that likely to increase the drug use, fights, vandalism, vagrants, unsanitary and dangerous conditions, etc. on or around the State Properties? The police and other Counly officials have not been able to protect the neighboring residents and businesses from lhe days when Tenrikyo Church occupied the State Properties (see attached photos). How will they handle an increase in health and safety problcms? 'l'he State Properties are not even suited for a church or community needs related purposes - the building footprints are too small and there is no parking. Please note that, on April 28, 2017, the BLNR granted the County's request to set aside the State Properties/o r affordable housing, noting that the property "is within residentially developed neighborhoods and the highest and best use for the parcels would be for residential use," At that time, Mayor Bemard P. Carvalho, Jr. was telling people on Kauai that the Stale Properties would be rented to a policeman or fireman and that could reduce the safety and health problems. This, al least, made some sense. Then, at the July meetings, the BLNR changed the previously approved set asidey'oz affordable housing to community needs related purposes. Now Mayor Carvalho is apparently telling people on Kauai that the State Properties will be tumed over to New Hope Church. I would think he should wait until there is an Executive Order from you, and for County to hold standard proceedings to award the State Properties to a vendor and to determine what "community needs related purposes" would be reasonable given the State Properties are in area intended for residences. Please note that, at the July 27 meeting, when the BLNR declined to clarify the meaning of "community needs related purposes," several BLNR members said the community will have an opportunity to present their arguments about this matter to the County beforc a decision is made on who gets to use the State Properties and for what purposes. Maybe that is not how things are done on Kauai. As suggested by BLNR member Mr. Roehrig at the July 27 meeting, Ms. Jasper, Mr. Summers and other community members have reached out to Mayor Carvalho about this matter, There has been no resolution. This is not just about Ms. Jasper. The State Properties are in a neiglrborhood with long+ime homeowners and are part ofa community (Old Kapaa Town) of small businesses which scrve local people and tourists. There are churches and schools. There is even a large pre-school (K.I.D.S School), founded in 1989, that is just one house away from the State Properties. The State and County must consider the safety and well-being ofthese community members as well The Honorable David Y. lge Page 3 October 25,2018 as that of the homeless and needy. They should also consider the community's needs. As indicated in the testimony presented at the July 27 meeting the community rcally needs parking. Inia Street is a one lane road and Kuhio Highway has two lanes. People visiting the area resort to parking illegally, blocking the roads, etc. Even ifthe State and County are not inclined to use the State Properties to provide parking for the community, they ccrtainly should not permit uses which will aggravate an already terrible situation. Therefore, please decline to grant the Executiv€ Order or, at least, request additional information before allowing the County to proceed. Thank you for your consideration. Very truly yours, CHAR SAKAMOTO ISHII LUM & CHING Ishii The Honorable David Y. Ige Page 4 October 25, 2018 Laurel Loo, Esq. 4357 Rice Street Suite 102 Lihue, I'lawaii 96766 Governor's Liaison Offrce 3060 Eiwa Streeg Suite #106 Lihue, Hawaii 96766 Mr. Wesley T. Matsunaga District Land Agent 3060 Eiwa Streeg Suite 218 Lihue, Hawaii 96766 Russell Suzuki, Esq., Attomey General Cindy Young, Esq., Deputy Attorney General David Day, Esq., Deputy Attomey General Department ofthe Attorney General 425 Queen Street I'Ionolulu, Hawaii 96813 The Honorable Bernard P. Carvalho, Jr. Mayor, County of Kauai 4444 Rice Sr., Suite 235 Lihue, Hawaii 96766 Mr. Kanani Fu Housing Executive 44214 Rice SL, Suite 330 Lihue, Hawaii 96766 Planning Commission c/o Planning Department 444'1 Rice St., Suite 4050 Lihue, Hawaii 96766 Ms. Suzanne Case, Chair Mr. Thomas 0i Mr. Stanley H. Roehrig Mr. Keith Downing Mr James A. Gomes Mr. Samuel Con III Mr, Christopher Yuen Board of Land aad Natual Resources DLNR Main Office I 15l Punchbowl Street Honolulu, Hawaii 9681 3 Ms. Donna Apis4 Chair Ms. Clenda NogamiStreufert, Vice-Chair Ms. Heather Ahuna Mr. Wade Lod Mr. Sean Mahoney Mr, Kimo Keawe Mr. Roy Ho Planning Commission c/o County ofKauai Planning Departraent 4444 Rice St., Suite A473 Lihue, Hawaii 96765 Mr. Michael A. Dahilig, Planning Director Mr. Ka'aina S. Hull, Deputy Plaruring Director County of Kauai Planning Department 4444 Rice St., Suite A473 Lihue, Hawaii 96766 .:; f Ur ..': ii:),:ir: THE KAPAA BUSINESS ASSOCIATION P.O. Box 1480, Kapaa, Hl 96746 Websitel )ryu..lbakauaLolc Email: info@kbakaual-org Rc - Mcctlns ofthc Bof,rd ofLand ond N{turll Rororrces: Frldov. Julv 27. 2018 ra 9: l5 A.M. h Honolulu. Hrwall. 7-26'ta Board Directors: Mike Hough Bob Bartolo Neill Sams St6ve Thatcher Chris Dorland Andy Friend Jeff Murata VickiValenclano Moniqu6 Tucker Jakki Nelson Karen Blair Androw Gawdun I e srboitting lbir lGatilrrory oD bchalfof lho bosrd sud ltEmbc.ship of lhc l('pa! Burirca AlsociatioD, in opporitioo to ltcm D.l (Bo€rdr Pric Acdoo ofJuly 13, 2018, Itcar Dl, 8 eItrcndc4 rEbIinS to (rltai,lLx Map Koyr: (4) +5{D8iO08 .trd 009 (lh. 'Aubjcct Prcp.rtics'). //M The Xrps! Businca8 Arsociatioo fully crdo.s€s thc d€molition of unils rl 1326 Inia Sked, Krpar, HI, 96?il6 (TMK (4) 4-5-008.008) and rhc r€dcvelopmcnt into r public pnting bl for community nlcdr puPoscs. I und(neland lhrt lh. DLNR tu coosid.rinS tuming ovor lhe Subj.ct Propcrti.r b (ruri Coutrty !o b. u3d for "corhrutrlty rrcc& nlrted purposcli - riaybc 16 r cburch to provilc sorvicc! to homclcs. or ftcdy pcoplc for &6ir pelsotral c{I!, vrllbciDg, survival rnd bcraitrg Dc.di, This is a vcry bad idc. bccurc thc tms c abandoncd hrlldinS! arc o]rr.ndy bciog uecd !r s drua t*!o wbioh hrs bccn .lidqi by the policr on difrEtcil occarior8 and srrc.6 havt bcm mrd. tlG.E (Polic. logs which vllid.tc lbi. c.n bc found on tho KID wcb.ile). KPD hld a s.Sedulcs monthly mraiDg with IGA bffd rD€mbcr! lhis momitl& .rd lhcy cxpressld comcrn sbout this propaty boin8 structur.lly ursaf. lrd a dru8 hrvcn in thc ccnlq of Kap6.. By removitrg thc orBightly !fld umsfe abddoncd buildings !d nphcitlg thom wilt r public psrtins lot lhc Eall lidc commutlity will bcnctit dircctly wilh Glsy scar$ ,rd utiliatio( !o thc bi(c prth, c5ry bclch lcccrs, snd ptovid! t uch rEld.d rddltion6l p.rlcDg for oommuoity cvonb and sporlr adiviticc held in snd rround Krpss. Tha additlonal plltin8 {ilt sko $uppon lhc need for parkinS for lh! no8rby busilrcsr€s thst op6.ale in lh6 Kap6s.r!. as well s! coftfi.urity ovdltr such as th. l3t Seturday monthly cv€nts rnd yearly Coconut fcstilul, il hcld ir thc Klpaa Bcrch PrrL. Those pmposcd u6.s would hclp buriDcssc!, tourirm, propctty vitu€s, sd comslurity laGly. ThcrE it rlso . publb trfcty .nd cri6c conc.m u.ith thr clrltrt c.ndition of thc building6. Wo fc.l thit lhc rEriovsl ofthc buildiDg3 lrill bcDcfit dr E st 6idc corbmunity by rrducing crimc lnd rcduoing thc risl lo publk toalth and w6lf{E. Krpra i6 ttc hith.st populstion d.nsity in Kauli Coulty, ard b6low yoll will &c chlrt8 thst dlo', Tolrl Pop{htion by Phcc, and Popuhtioo Dcnrity by Placq in 6ll calcs, IGpaa b #t in dcNity lnd populrlion (sour.e r@ topulaliotr). Wr do not conlidcr th.l this cooccntntion dcnsity olPopublioo {ould behcfit liom rDy purpore othcr Oan r mwh nccdcd incrcasc ofparkinS sprcca in lown. Than} you for your oonEidoraho[ Sincerely Mike Hough KBA Pres'dent (BA Supports lhe Eld Sid. Communitythrough: Cultural.nd Community Evonts.nd Praioq$, Advocacy, and 8u.in.$ Nrtwo,Iing and Educltlon fii'bld2E006iffia7-bl8 KAP.\A III,.sINEss AS.OCI,\TION t THE KAPAA BUSINESS ASSOCIATION P.O. Box'1480, lGpaa, Hl 96746 Webslte: Emalli inloOkbakauai.oro Populatlon by Place in Kaual Counly rh-..lE 5ba0-..lrbd! lSLlhqialdrrb , Poor.e! 0...r, tt t m, Board Directors; Mike Hough Bob Barlolo Nelll Sams Steve Thatcher Chris Dorland Andy Fri€nd Jaff Murata Vlcki Valenciano Monique Tucker Jakki Nelson Karen Blair Andrew Gawdun ftp(d6 o-lry Pqtu rr tut s^,&h @*- ,| KBA Support! tho E.st Sido Community throuoh: Culturcl rnd Community Evonb and Projlct!, Advoclcy. and Bulirro$ Nolworling ald Educltion p.9.2 KAl,A,r lll|SrNlSS,,tSi0CrArr0N t1* I ;- t Za-.tltl-Zt67.E LSi|,tJ rlJ,. aatbt.rzJ Iuly 2t 1018 Ellzabeth Ann lshll Boatd of Land and Natural Resources, State of Hawall Dear Ellrabeth : I am a resident and practice medhlne ln Kapaa town. I oppose thc current ptan whlch dnrads and provld€ sewlces lo the homeless ln the mlddle of a buslness, r€sldentlal ar€a and almost odJacent to a preschool ln a vlsltor d.stlnation area at 1390 lnla Smet. My Wife and I are owners of a pmperty on1340 lnla Street or 4470 Kauwlla Sr, adJacent to the prcpcrty that ls belr€ consldcred for a Church and homehss shelter. Thh state property has bcen used for many years by KloS preschool whlch ls now loEted North ofour property on tnl, streel We ha!,,e seen this place used by locals and tourists alt€. Curently lt lsa popular site for parklng for those golnt to the beach, ftshing 8nd Just r€laxlng. lt is very popularsnd a gulet pbco mostofthe tlme. DsrtnS tfic wcck it ls used for parklng by many workers and cGtomers of nearby restaurantsand establlshmenls on Kuhlo hlghway who flnd It Impossible to flnd parklng elsewhere. I am on the board of KIDS preschool next door. Wo have a vacatjon rcntal on our property . lt is fully lo8al End we comply wlth all the county and state rules, our guests arB very happy to stay at the house and our small cottage ls , very relaxing place torfamlly and frlends. The area Is qulet and although homeless people have broken lnto our housgs, used ourwater and alectrk outlets, people have been in general respectful. We do knowthat the currant sb8ndoned house and old former Tenrlkyo churdl hsve been occupled by vagrants and homel6s. The state and county h8ve not secured those bulldln$. I am very concerned lhat the best and proper use ofthe pitperty is not belng ln comPllance wlth the community needs as a Vlsitor Destlnat on area . We pay htgh taxes for the propcrty and , perronally clean the streets and entrance to the path regularly. I am concerned about atractlnS more Yagrants ard more crimlnal elements to the cetter of Kapaa A publlc part and parklng for carsthat frequent ihe nearty preschool , r€Staurants and buslnesses as wellas those localand vlsltors ftequentlnt the beach and muhlus€ path b very very lmportant. We are concemed wlth the attractlon of more homelest and addlcts lnto the center of Kapaa town, very disturblnB. I ask that you do not suow thls to bappen to topaa town wherE we work and llve. Slncerely, Pa ul T- Phone 808 822{333 offfce, 808 651-6523 cell, fax q08 822-0938 4-1461 (uhlo Hwy, Kaqaa, H196746 p.z o7 /27 l2ota rRr 8! 08 ( JoB No. 55a71 @oo2 LL L-- .r'-'f LL,- I -) 4-q / \ I t- €8.) I a t{2L", a tt sl*:P.j^iEl=F , I a0 -l r I J 7 7 \I O o .. t' i, ,F* I a Esaki Home State Properties Jasper Home Summers Home Pono Kai (Condos & Resort) K.I.D.S School (Preschool & Daycare) Bike Path (used by residents and tourists) Inia Street On the opposite side of Inia Street (which would be closer to the bottom of the page) is a row of older residences. Behind those homes, parallel to Inia Sreet, is the two-lane Kuhio Hwy. Offof Kuhio Hwy (i.e., which would be even closer to the bottom of the page) is Old Kapaa Town which consists of long-time small businesses - some with owners living above or along-side the businesses. There is no street parking on Inia Street and Kuhio Highway. So, the community would most benefit from more parking. i L,-n __xlf, - (..Ei';I 4-I ^. I TI September 25, 201 9 RECEIVED BOARDS & COMMISSIONS I Ms. Suzanne Case Chair. Board of Land and Natural Resources DLNR Main Office I I 5l Punchbou{ Street Honolulu. Hawaii 9681 3 RE New Hope Kauai's proposed use of 1326 Inia Street. Kapaa. Kauai (TMK (4) 4-5- 008:008 and 009 (the -State Properties") which are subject to Executive Order 4566 Gentlemen and Ms. Case: I represent Jennifer L. Jasper who owns the house next door to the State Properties. Despite repeated communications to Kauai Countl' departments and offices and the Kauai DLNR oflice regarding the status of implementation ofthe Executive Order, we have received no information. The Properties remain in deplorable and dangerous condition. 'l hen in mid-September. we became aware that New Hope Kauai was hosting a Courtesy Communitl' Meeting on September 18, 2019 for "discussion regarding the use oithe Kapaa Town Propertl " - i.e., the Srate Properties. Fortunatell, a communitl' member *ho knoss Ms Jasper lives next door to the State Properties thought to shou her the flyer announcing the September l8 meeting (the "Nen'Hope Meeting"). A cop) of the flyer is enclosed. Ms. Jasper and I. along u'ith other Kapaa residents and businesses, atlended the \eu llope Meeting. Members of the congregation opened with a presentation about the church historl'. activities, and contributions. Then, former Mayor Canalho spoke briefly about the church and the State Propenies in a way that indicared to me and others, that n-ew Hope's use of the Properties was a "done deal." He tumed the microphone over to Pastor Matt Higa uho said the CIIAR $fl(f,M0T0 l$lilr tllM & cilr{[l'he Honorable David Y. Ige Govemor. State of Hawaii Executive Chambers State Capitol Honolulu. Hawaii 96813 SEP 2 7 zotg trr0[it18 u uw The Honorable Derek S. K. Karvakami N'la1or. Count;- of Kauai 4"1.{.1 Rice Street. Suite 135 l.ihue. I lawaii 96766 On November I 9, 201 8, Govemor Ige issued Executive Order 4566 (lhe "Executive Order") setting aside the State Properties for community needs and social senices related purposes under thc conlrol and management of the Counry ofKauai. A copy ofthe Executive Order is enclosed. I tl[ llllllffilll r ttm t5r, lmE rEmc !EIn, ul mrr rn&T, tru.r, rmlr rfir r(tI] 52t- tr r IrBnu ([t) ur.tral BOE 2019-28 The Honorable David Y. Ige, et al. September 25, 2019 Page 2 chuch wants a multi-purposes facility at which they could hold fellowship meetings, funerals, weddings, and baby luaus. They may apply for a grant to provide after-school technology for students and plan to provide social services - perhaps suicide prevention. He said the Properties will not be used as a homeless shelter, soup kitchen or thrift store. Then he thanked people for attending and said ifpeople have questions, they could write them on index cards being handed out, and someone would get back to them. There was no opportunity for discussion. Notwithstanding that more than one speaker said questions and comments would be welcome at the end ofthe presentation, it became evident that the thoughts and ideas of Kapaa residents and businesses were not part of the agenda. Most of the people at the New Hope Meeting were members of the congregation. The show was for them. I admit I had naively thought that County olficials would be attending the New Hope Meeting to linally give out official information on this matter. I was told there was someone from there from the County administration, but he may have been there as a church member because no one spoke for the County. So the County continues to be absolutely silent - even refusing to answer direct questions - about implementation of the Executive Order. The following are the State and County failings relating to the Properties and Executive Order: l. At meetings of the BLNR in July 2018 which gave rise to the Executive Order, the submittal filed by DLNR Kauai District Land Agent ("Kauai Land Agent") said "the County intends to award a religious based vendor to occupy, operate, and manage the [P]roperty, to provide community/pubic services for the needy, as well as to operate as a church." At the hearing, community members testified that what Kapaa community really needs is parking for its residents and businesses because the lack ofparking severely impairs business and access to homes. They especially do not want the State Properties to be used in ways that make the parking situation even worse or which make it dangerous and disruptive as it had been when previously occupied by another church. BLNR members assured those present that the County would give people the opportunity to voice their concems and provide input into the decision about proposed community/public services. That has not happened. There have been no hearings or community meetings about the State Properties. In fact, officials and personnel do not even respond when asked if there will be hearings or meetings about the Properties. 2. submittal The Executive Order does not incorporate the language in the Kauai Land Agent's a. It is proper that the Executive Order not mention the words "religious based vendor" because there may be other organizations more qualified to serve community needs and offer social services. r LryY UNPMfiIT EIJI tmt lEn!l! I ,1 lllt llrll:rra uun r$fl[ rtlM &Gillt0The Honorable David Y. Ige, et al. September 25, 201 9 Page 3 b. It is proper that the Executive Order not mention the words"operation of a church" because government in the U.S. is not supposed to "suppofi" any one religion or church. 3. The Executive Order expressly says the State Properties are set aside "for community needs and social services pulposes, to be under the control and management ofthe County of Kauai." a. With that directive, the County should have identified community needs and social services purposes that could and should be provided on the State Properties. There has been no evidence ofCounty efforts to identity community needs and social services purposes. In fact, the County has been unwilling to solicit or receive input from the Kapaa community about its needs. New Hope Kauai is vague about the social services in will provide - mentioning only possible after-school technology for students and suicide prevention. New Hope Kauai also said it planned to hold fellowship meetings, funerals, weddings, and baby luaus on the State Properties. These activities ue church functions, services and/or fund-raisers - they will benefit the New Hope Kauai church and congregation and, as such, the use of the State Properties for such purposes would constitute support one religion and church. They will severely aggravate the parking situation in their residential and small business community - which is exactly what community members testified about at the July 18 BLNR meeting. b. Then, assuming the County had identified community needs and social services, it should have selected among vendors qualified to provide those services. There has been no evidence ofCounty efforts to identify suitable vendors to service community needs or provide social services. For example, are there other organizations better equipped to provide after-school technology and suicide prevention? Instead, at the time of the BLNR Meeting in July 2018, rumors were already circulating that the State Properties was intended for New Hope Kauai. Those rumors have persisted and were validated at New Hope Meeting with the implication that New Hope Kauai and the State Properties are a "done deal" without following any identifiable administrative procedures. How and why was New Hope Kauai was selected? I understand there were members of another church at the New Hope Meeting who wanted to ask that question because they had previously asked the State and/or County about use ofthe Properties. It feels like a case of cart before the horse - New Hope Kauai has been selected and now is trying to Iit the Executive Order. 4. The County has not even complied with other requirements mandated at the BLNR Meeting that it provide a demolition schedule and keep the State Properties clean and secure. Despite repeated requests, we have never received a demolition schedule nor has the demolition happened even though health and safety concems were the basis ofthe BLNR's mandate for a demolition schedule. The Properties are still not clean or secure. I LAIICmPmflm The Honorable David Y. Ige, et al. September 25,2019 Page 4 Even though the State Properties have been set-aside to Kauai County, they are still owned by the DLNR. The State and County are both accountable to the Kapaa community lor proper implementation of the Executive Order. Thank you for your consideration. Very truly yours, CHAR SAKAMOTO ISHII LUM & CHING Ann Ishii Encs: Executive Order, New Hope Meeting Flyer cc: The Honorable Josh Green Lieutenant Govemor, State of Hawaii State Capitol Honolulu, Hawai'i 96813 Govemor's Liaison Office 3060 Eiwa Street, Suite 106 Lihue, Hawaii 96766 Clare E. Connors, Esq., Attomey General Cindy Young, Esq., Deputy Attomey General Colin J. Lau, Deputy Attomey General David Day, Esq., Deputy Attomey General Department of the Attomey General 425 Queen Street Honolulu, Hawaii 96813 Reynard D. Graulty, Chair Ms. Ruth D. Tschumy Ms. Susan N. DeGuman Ms. Melinda Wood Mr. Wesley F. Fong Hawaii State Ethics Commission 1001 Bishop Street, ASB Tower 970 Honolulu, Hawaii 96813 Mr. Steven Franco, Housing Executive County of Kaua'i Housing Agency 4444 Rice Street, Suite 330 Lihue, Hawaii 96766 Mr. Sean Mahoney, Chair Ms. Glenda Nogami-Streufert, Vice-Chair Ms. Donna Apisa Mr. Kimo Keawe Mr. Roy Ho Planning Commission cio County of Kaua'i Planning Department 4444 Rice Street, Suite 473 Lihue, Hawaii 96766 Mr. Arryl Kaneshiro, Council Chair Mr. Ross Kagawa, Council Vice Chair Mr. Arthur Brun Mr. Mason K. Chock Ms. Felicia Cowden Mr. Luke A. Evslin Mr. KipuKai Kuali'i Kaua'i County Council 4396 Rice Street, Suite 209 Lihue, Hawaii 96766 t uw HnPmfiIfIr gltllltttIt tltl tflfl t[M ulll ilftsl0 r$il lut &mil8 filtrlt ll tll Mr. Michael A. Dahilig, Managing Director Ms. Sara Blane, Chief of Staff 4444 Rice Street, Suite 235 Lihue, Hawaii 96766 Ms. Ellen Ching, Administrator Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihue, Hawaii 96766 Mr. Ka'6ina S. Hull, Director Ms. Jodi A. Higuchi Sayegusa, Deputy Director Kaua'i County Plaruring Department 4444 Rice Street, Suite ,4473 Lihue, Hawaii 96766 Matthew M. Bracken, Esq., County Attomey Nicholas R. Courson, Esq., First Deputy County Attomey Adam Roversi, Esq., Deputy County Attorney County of Kauai 4444 fuce Street, Suite 220 Lihue, HI 96766 Mr. Thomas Oi Mr. Stanley H. Roehrig Mr James A. Gomes Mr. Samuel Gon III Mr. Christopher Yuen BLNR of Land and Natural Resources DLNR Main Office I I 51 Punchbowl Street Honolulu, Hawaii 96813 Mr. Russell Tsuji, Administrator Department ofLand and Nalural Resources Land Division Main Office 1 151 Punchbowl Street, Suite 220 Honolulu, Hawaii 96813 Laurel Loo, Esq. 4357 Rice Street Suite 102 Lihue, Hawaii 96766 IUtUfinPmrrm The Honorable David Y. Ige, et al. September 25,2019 Page 5 Mr. Wesley T. Matsunaga District Land Agent 3060 Eiwa Street, Suite 218 Lihue, Hawaii 96766 Mr. Dean Toyofuku, Chair Ms. Mia Shiraishi, Vice-Chair Ms. Susan Burriss, Secretary Mr. Ryan de la Pena Ms. Mary Tudela Ms. Maureen Tabura Board of Ethics c/o Office of Boards & Commissions 444 Rice Street, Suite 150 Lihue, Hawaii 96766 LAND COURT SYSTEM )REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Total Number of Pages: FROM: Tax Map Key Nos. (4) 4-5-008:008 and 009 STATE BOARD OF OF HAWAI I LAND AND NATURAL RESOURCES TO:COUNTY OE KAUAI 4444 Rj,ce Street, Suite 235 Lihue, Hawaii 957 65 4566 EXECUTIVE ORDER NO. SETTING ASIDE LAND FOR PUBL]C PURPOSES BY THIS EXECUTIVE oRDER, I, the undersigned, Governor of the State of Hawaii, by virtue of the authority j.n me vested by Section 171-11, Hawaii Revised Statutes, as amended, and every other authority me hereunto enabling, do hereby order that the public land and improvements hereinafter described be, and the same is, hereby set aside for the following public purposes: FOR COMMUNITY NEEDS AND SOCIAL SERVICES RELATED PURPOSES, to be under the control and management of the County of Kauai, being that parce] of fand situate at Kapaa, Kawaihau, Kauai, Hawaii, and identified as "Community Needs and Sociaf Services site," containing an area of 0,521 acre, more particufarly described in Exhibit "A" and delineated on Exhj-bit rtxr ^ttfD.D-r*rCtb e.ECr-d 749253 1. DOC "B," both of which are attached hereto and made parts hereof,said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Servi-ces, State of Hawaii, both being designated C.S,F. No. 25,693 and dated October 15, 2018. SUBJECT, HOWEVER, to the condition that uponcancellation of this executive order or in the event of non-useor abandonment of the premises or any portion thereof for a continuous period of one (1) year, or for any reason whatsoever, the County of Kauai sha]1, within a reasonable time, restore the premises to a condition satisfactory and acceptable to the Department of Land and Natura.l- Resources, State of Hawaij-. SUB,fECT, EURTHER, to disapproval by the Legislature by thro-thirds vote of either the Senate or the House of Representatives or by majority vote of both, in any regular or special- session next foll-owing the date of this Executive Order. This executive order does not authorize the recipientof the set aside to sel1 or exchange or otherwise relinquish theState of Hawaii's titl-e to the subject public land. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Hawaii to be affixed. Done at the Capitol at Honolulu thisNoftfibcr , 2018. lqfi day of DAVI D Governor of the State of Hawaii APPROVED AS TO EORM: a.).2-W Deputy Attorney Generaf Dated:,t/r3 , 2 ,t la ^ttrD.L'alrrdll.e.rr G-..d?49253 1. DOC STATE OF HAWAI I Office of the Lieutenant Governor THI S Order ,i.-ro9 .l&Trysn..the within is a true copy of Execut.ive purposes,the original of which is IN TESTIMONY WHEREOF, the Lieutenant Governor of the State of Hawaii, has hereunto subscribed his name and caused the re tS I of the State to be affixed. setting aside land for public on file in this office. CHIN Governor of the State of Hawaii DOUGLAS S. Lieutenant DONE in HonoJ.ulu, this N ovem bcr 20ll\day of , A. D. 2018 3 n.}r At?rD. Drpr*nrr ol t.i 5.n, G.aad149253 I.DOC STATE OF HAWAI'I SURVEY DTYISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES HONOLULU C.s. F. No. 25.693 Ocrober 15, 201 8 COMMLI}IITYNEEDS AND SOCIAL SERVICES SITE Kapaa, Kawaiharr" Kauai, Hawaii Being a portion ofthe Govemment (Crown) Land ofKapaa. Being also Lots I and 9, Block S of Kapaa Town Lots, First Series. Beginning at the south',r'est comer of this parcel of land, at the northwest corner of Lot 4, Block S of Kapaa Town [ots, Filst Series and on the east side oflnia Street, the coordinates of said point ofbeginning refered to Government Survey Triangulation Station'NONOU" being 4832.5 feet North and 12,396.9 feet East, thence running by azimuths measured clockwise from True South;- t. 199'53', 3. 19" 53', 2. 289' 53' 150.00 feet along the east side of Inia Streeg 151.20 feet along the south side of Kauwila Street; 150.00 feet along remainder of Govemment (Crow::) Land ofKapaa; II.h[ ^,r,rD.O;rtvrdhffo.'rt G-..d EXTIIBIT'A' I c.s.F. No. 25.693 4. 109" 53', October 15. 2018 151.20 feet along Lot 4. Block S ofKapaa Town Lots, First Series to &e point of begiruring and containing an AREA OF 0.521 ACRE. SURVEY DIVISION DEPART\4ENT OF ACCOLiNTING AND GENERAL SERVICES STATE OF HAWAII By:A*4L z. Gerald Z. Yonashiro Laad Sr:rveyor rk Compiled from Kauai File Carton 5-B and other Gov't. Suwey Records. ?Elr, Aflrg.D;atrrdb ,ao.rry G-..d E6E9Z t{ 33petx at FCal.O U slSt^uls :lvu3N3c oNV cNtNnoScv lo lNfnruvdfo NOISIAIO ^3AUNS il Pw oo :8ci-9-, )ut .8, Ilgll{lc, t"e! ot = qcu! 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September LBr 2OL9 5:3O pm - TzOO pm Kapaa Neighborhood Center 4491 Kou Street, Kapaa Hosted by New Hope Kouai: Discussion regarding the use of the Kapaa Town Property located at 1325 lnia Street, Kapaa TMK: (a)-s-008; 008 & 009 Ho'omau Culture Laulima Community Ho'oilina Legacy Ke ola pono Life Contact lnformation: 808-823-6877 or connect@ nhkauai.com