Except for a few questions from Land Board members about spill containment measures and ownership of the fuel storage facility, the easement to Summit Biofuel, LLC passed with very little discussion of the project itself. Debate focused mainly on a matter raised by Dan Purcell, a member of the public, regarding what he saw as inappropriate actions by Hawai`i island Land Board member Stanley Roehrig.
Almost immediately after the DLNR’s Land Division had briefed the Land Board about the proposed easement, Roehrig — a paddler for the Keaukaha Canoe Club in Hilo since the 1980s, according to the DLNR’s website, and a member of its board of directors, according to the Department of Commerce and Consumer Affairs — pushed Summit owner Charles Barker to do something to benefit the children who paddle in the area.
Roehrig said that Summit’s facility is about 200 yards from a children’s paddling program and that his canoe club had tried for 15 years to solicit support from businesses around the pier.
“It’s not often issues come before the board where we have a say,” Roehrig said, then asking Barker what the chances were of Summit helping the kids at Keiki Kai
“Without being inappropriate, I would like to have a condition on this [easement],” Roehrig said, suggesting that Summit be required to work with the community and a charitable organization to help the kids’ paddling program.
Barker replied that he himself was a canoe paddler and expressed a willingness to help.
The only person to testify on the matter was Purcell, a member of the public who often attends Land Board meetings. Purcell expressed his concern about Roehrig’s “continuous effort” to get applicants appearing before the Land Board to accept conditions regarding items of particular interest to him, “almost a quid pro quo.”
“I’ve seen this in the past. [It’s] always things he’s particularly interested in or affects his part of the island,” Purcell said. (Earlier in the Land Board’s meeting, Roehrig had, in fact, pushed a representative from Hokukano Ranch to accept a condition on the conservation easement it was requesting that would require the ranch to allow non-profit groups — the Moku o Hawai`i Outrigger Canoe Racing Association, for example — to take koa logs from the property “at a nominal cost.”)
Roehrig defended his actions, stating, “Part of my role as being a board member is to try to make an effort to make the community better.” He added that he had no personal interest in any paddling program.
Although he said he accepted Purcell’s criticism, he said he was sticking by his recommendation.
“I want to put a condition on this motion that the applicant will use reasonable efforts to provide eleemosynary assistance to keiki and makule paddling programs at Pali Kai. … If there is a spill, the first place it’s going to go is the beach where these kids practice,” Roehrig said.
His motion to amend the Land Division’s recommendation went without a second.
Land Board member Chris Yuen, also from Hawai`i island, said that while he respected what Roehrig was trying to do, he thought the board would need to discuss with its deputy attorney general the appropriateness of requiring an applicant requesting a lease to make a charitable donation.
“I think you have a good justification for it, there’s a lot of businesses we could put the arm on a little bit to make a charitable contribution, [but] at some point it’s not appropriate. It’s fine to encourage people. … I am concerned [about putting] this on as a requirement,” Yuen said.
Board member Ulalia Woodside expressed similar concern, adding that there had not been a thorough discussion of what group and what activities should receive assistance.
Roehrig clarified that he didn’t necessarily want Summit to make a financial donation, but that he just wanted the company “to help in some fashion.”
“There’s a nexus between the request and the program. If nobody’s going to second it, my motion to amend is going to fail and I’ll accept that,” he said.
In the end, the Land Board approved the easement without Roehrig’s proposed amendment. However, Barker on his own committed to supporting not just paddling programs but children’s programs in general.
Volume 25, Number 7 January 2015