{"id":9807,"date":"2017-07-31T01:24:37","date_gmt":"2017-07-31T01:24:37","guid":{"rendered":"http:\/\/www.environment-hawaii.org\/?p=9807"},"modified":"2018-06-07T00:26:05","modified_gmt":"2018-06-07T00:26:05","slug":"board-talk-unpaid-lease-lehua-island-haleakala-trail-and-more","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=9807","title":{"rendered":"Board Talk: Unpaid Lease, Lehua Island, Haleakala Trail and More"},"content":{"rendered":"<p><b>Landscaper May Finally Pay State\u00a0<\/b><b>Its Nearly Half A Million Dollar Debt<\/b><\/p>\n<p>An ill-timed auction. An effort to give a Waimanalo animal shelter time to relocate after its lease expired. Alleged verbal instructions from state land agents to the new tenant to <b>not<\/b> pay rent.<\/p>\n<p>These are just some of the actions over the past decade or so that have left the state Department of Land and Natural Resources with unpaid rent, fees, and interest totaling $466,825, and about another $200,000 in the hole for foregone rent and property improvement costs. It\u2019s also reportedly caused Landscape Hawai`i, Inc. (LHI) \u2014 the winning bidder for the 20-acre lot once occupied by the shelter \u2014 to incur hundreds of thousands of dollars in financial losses.<\/p>\n<p>With any luck, the debt to the state, at least, will be paid. At the July 14 meeting of the Board of Land and Natural Resources, both the department and LHI agreed to try to finalize within 60 days a payment plan for the amount owed. The board also directed LHI to pay one year\u2019s rent in 30 days. Should either of those deadlines not be met, the company\u2019s lease will be terminated.<\/p>\n<p><b><i>Botched<\/i><\/b><\/p>\n<p>\u201cMr. Tsuji shook his head in disapproval,\u201d report the minutes of the Land Board\u2019s July 13, 2012, meeting. Russell Tsuji, the DLNR\u2019s Land Division administrator, had apparently just learned that his division had auctioned off the agricultural lot in Waimanalo in 2004 while Candy Lake, CEO of the non-profit Sylvester Foundation, was still on the property, along with all of the shelter\u2019s dogs, cats, horses, and other rescued animals.<\/p>\n<p>Lake\u2019s lease for the lot was set to expire in August 2004. Four months earlier, Peter Young, DLNR administrator at the time, signed a notice of sale and public auction for the property for intensive agricultural purposes. DLNR staff led prospective bidders on tours of the lot that summer. The department held the auction on June 30.<\/p>\n<p>With strong interest in the property, LHI\u2019s winning bid of $36,500 came in vastly higher than the minimum bid price of $4,764 a year. What might have seemed to be a windfall for the state, however, turned out to be just the opposite when Lake refused to leave, a situation that garnered significant local news coverage.<\/p>\n<p>In July 2004, LHI paid its first semi-annual rent installment and was supposed to have been able to take possession of the property that September. Instead, Lake and her many animals were allowed to remain.<\/p>\n<p>\u201cStaff was ordered to allow her to remain from the governor\u2019s office,\u201d Tsuji explained to the Land Board last month.<\/p>\n<p>Lake, who had found ways to relocate some of the animals, was eventually evicted on March 3, 2005, by \u201cabout 30 DLNR personnel, police, and others,\u201d according to an LHI chronology. But, by all accounts, the property was left a complete mess.<\/p>\n<p>\u201cThere were large amounts of trash, construction material, stockpiles of debris, tires, barbed wire, corrugated metal, a Matson container that was too rusty to be moved and created a hazard, broken bottles from drinking, missing windows, screens and damage to walls caused by vandalism, condoms, needles, and syringes from drug activity on the subject property,\u201d a 2012 account by LHI\u2019s attorney Wray Kondo states.<\/p>\n<p>What\u2019s more, LHI representatives had believed that the company would be able to use three livable structures that they had seen during the pre-auction tour (even though the bid package had called for only one), and that electricity would be available. It was not.<\/p>\n<p>While the DLNR had auctioned the property \u201cas-is,\u201d the Land Division agreed to clean up several things for LHI. According to a staff report to the Land Board, the division paid more than $150,000 to clean one building to be used as a dwelling, install fencing, tow abandoned vehicles, demolish one structure, and remove vegetation and debris.<\/p>\n<p>LHI eventually signed a 30-year lease for the property on March 23, 2006, and paid another $18,250 in rent.<\/p>\n<p><b><i>Haggling<\/i><\/b><\/p>\n<p>Despite the Land Division\u2019s efforts, LHI felt the state needed to do more. The company claimed that the division had fenced the property in such a way that it cut off access to four usable acres.<\/p>\n<p>It wrote the division repeatedly over the years, asking that the division re-install an electric meter box that it believed the division stole and that it reduce the lease rent by 20 percent until all issues were resolved.<\/p>\n<p>Once a lease won through a public auction is signed, however, the Land Division cannot just change the rental terms. Even so, in an attempt to resolve one of LHI\u2019s complaints, \u201con June 1, 2009, a former staffer at the Land Division [Charlene Unoki] informed the Fiscal Office to change the commencement of billing date to April 1, 2008, instead of April 1, 2006, which was the commencement date of the lease. In effect, the staffer was providing a rent-free period of two years,\u201d the Land Division report states.<\/p>\n<p>LHI was still not satisfied and continued to withhold rent. While company representatives have repeatedly claimed that Unoki verbally told them to not pay any rent until all of the outstanding issues were resolved, the DLNR made it clear in 2012 that it felt it had done enough. By this time, Unoki had retired and the lease file had been taken over by another land agent, Barry Cheung.<\/p>\n<p>On July 13, 2012, the Land Division recommended that the Land Board deny LHI\u2019s request for a rent reduction and consider canceling the lease. At that time, LHI owed $127,750 in back rent.<\/p>\n<p>The board ultimately deferred taking any action, because it was unsure of what legally binding assurances, if any, the division may have given LHI. However, Kondo continued to discuss the matter with DLNR director at the time, William Aila.<\/p>\n<p>In an August 6, 2012, letter, Kondo pointed out that DLNR records suggest that utilities were included as a feature of the lease, adding, \u201cWithout a meter box and electricity, an effective business operation cannot proceed.\u201d He stated that LHI had spent $317,000 making the property usable and $10,000-$15,000 in attorney\u2019s fees. He asked that the DLNR pay LHI\u2019s attorney\u2019s fees, consider the company\u2019s lost opportunities caused by the lack of electricity, waive all rent until the department paid to bring electricity to the property, and pay for and install plumbing for the dwelling.<\/p>\n<p>In his December 28 response, Aila rejected Kondo\u2019s proposal, pointing out that the property was auctioned in an \u201cas is, where is\u201d condition. What\u2019s more, in adjusting the lease commencement date from 2006 to 2008, the department had effectively given LHI two years of free rent (a total value of $73,000). Alia did, however, offer to pay $5,850 for the installation of an electric meter box to settle the matter.<\/p>\n<p>\u201cThe things that they demanded or felt was needed to make things right we just can\u2019t do. Waiver of rent \u2026 the state can\u2019t waive rent,\u201d Tsuji told the Land Board last month.<\/p>\n<p><b><i>Five Years Later \u2026<\/i><\/b><\/p>\n<p>The Land Board did not revisit the matter until last month, at its July 14 meeting. LHI had on its own had electric service restored to the property. But as it had still not paid any additional rent, the Land Division recommended canceling the lease.<\/p>\n<p>\u201cThey\u2019ve been there 11 years and they paid one year of rent,\u201d DLNR director and Land Board chair Suzanne Case said.<\/p>\n<p>Rather than terminating the lease, LHI\u2019s current attorney, Ben Matsubara, offered a new proposal: allow the $150,000 LHI spent \u2014 and the $125,000 it plans to spend \u2014 to restore the property\u2019s structures to a semblance of what they were in 2004 to be credited against its arrearage.<\/p>\n<p>\u201cMaybe if we would waive some of the interest that would be helpful,\u201d he added.<\/p>\n<p>He also tried to assure the Land Board that LHI had not simply been ignoring the DLNR\u2019s rent default letters for the past five years. Since he began representing LHI in 2015, \u201cI answered 14 times,\u201d he said, adding that in his responses he asked the division for an opportunity to discuss matters further.<\/p>\n<p>Board member Keone Downing, a business owner himself, seemed baffled as to why LHI chose to keep the property despite its poor shape.<\/p>\n<p>\u201c\u2018Why, at that time, didn\u2019t they go to the state and say, \u2018I can\u2019t accept this. This isn\u2019t what I signed up for\u2019? As a businessman, I wanna be out of the contract. It would go out to bid again and maybe I could get a lower price,\u2019\u201d he said.<\/p>\n<p>\u201cI\u2019d be really interested to see why you keep hanging on \u2026 and yet at the same time saying, \u2018You didn\u2019t do this, you didn\u2019t do that,\u2019\u201d he said.<\/p>\n<p>\u201cThat\u2019s a good question, one I ask to myself. \u2026 I\u2019ve been told [by DLNR] \u2018Don\u2019t worry. We\u2019ll get it fixed.\u2019 I was maybe naive to believe,\u201d LHI president Kyle Ushijima replied. He added that the property was well-suited for his plant nursery needs in that it was level, with terraces.<\/p>\n<p>\u201cI didn\u2019t realize I could terminate the lease at that time. I didn&#8217;t investigate it or even think about it. That\u2019s my fault,\u201d he said.<\/p>\n<p>\u201cWhat I don\u2019t understand, frankly, is you\u2019ve been in possession of the property for 11 years and you\u2019ve paid no rent,\u201d Case said.<\/p>\n<p>LHI\u2019s Cindy Comer again pointed to DLNR staff. \u201cWe met with [former DLNR director] Peter Young in 2007. He told us do not pay the rent until this is resolved. And then a month and a half later, Charlene Unoki met with us. She knew the file and \u2026 said \u2018Do not pay the rent until this is resolved,\u2019\u201d she said. Comer then recounted all of the work LHI had to do to make the trashed property workable and livable.<\/p>\n<p>\u201cI can understand working those things out the first few years of the lease. I don\u2019t understand for the next nine years,\u201d Case replied.<\/p>\n<p>\u201cWe were told not to pay. We were told \u2018till 2012 not to pay,\u201d Comer said.<\/p>\n<p>\u201cAnd it\u2019s five years later,\u201d Case replied.<\/p>\n<p>\u201cJust to amplify [Case\u2019s] point, there was a Land Board meeting to get you to pay the rent,\u201d board member Chris Yuen said. To Comer, he added, \u201cYour offer in 2012 was to waive five and a half years rent.\u201d<\/p>\n<p>\u201c \u2014 and that was declined,\u201d Case said.<\/p>\n<p>To Land Board member Stanley Roehrig, whether or not LHI actually suffered financially as a result of the botched lease process was key. \u201cFor me to get a feel of what\u2019s fair, it\u2019s very helpful if I look at your tax returns and see whether you&#8217;re making money or you didn\u2019t. If you\u2019re taking a beating \u2026 that would be something that I would consider, that we should take into account. On the other hand, if you\u2019re making good business notwithstanding these peripheral problems, then it shows another light on what\u2019s fair. I certainly agree with the chair and Chris, you got a lot of free rent,\u201d he said.<\/p>\n<p>As to LHI\u2019s reliance on past directions from DLNR staff regarding rent, Roehrig said, \u201cIf somebody tells you they\u2019re going to take care of you, no worry, no worry, and after awhile they don\u2019t take care of you, after awhile you scratch you head and wonder if it\u2019s true. \u2026 Charlene is gone and Peter is gone. You gotta pay up.\u201d<\/p>\n<p><b><i>A Decision<\/i><\/b><\/p>\n<p>In the end, Yuen made a motion to give LHI 30 days to pay this year\u2019s rent and 60 days to finalize a payment plan for the back rent (plus interest), provided that the Land Division give them a proposed plan within 15 days. Also, LHI\u2019s continuation under the lease with a payment plan would be conditioned on the settlement of the company\u2019s claims against the state, he said.<\/p>\n<p>\u201cMy motion is not that you get into a negotiation of how much rent is due,\u201d he said. \u201cIn my motion, it\u2019s a take it or leave it. If the department does not agree [on a payment plan], I say that\u2019s the end of the story.\u201d<\/p>\n<p>\u201cYou gotta take your chances on the one year\u2019s rent. You might just suck eggs on that,\u201d Roehrig told LHI and Matsubara.<\/p>\n<p>Before the vote on Yuen\u2019s motion, Case indicated that she would be opposing it and that she would prefer to cancel the lease.<\/p>\n<p>\u201cThis is a situation that has gone on so long, there\u2019s no equity here, in a fairness sense. You\u2019ve got to do your part of the bargain in any business transaction,\u201d she said.<\/p>\n<p>On this, Yuen seemed to agree. \u201cI don\u2019t see a lot of equity. There have been a lot of great excuses for the lessee to not pay the rent.\u201d However, he continued, \u201cwe have a tenant. If we can get the rent paid \u2026 we want to get it paid.\u201d<\/p>\n<p>With that, the board (except Case) voted to approve Yuen\u2019s motion.<\/p>\n<p>&nbsp;<\/p>\n<p style=\"text-align: center;\"><b>***<\/b><\/p>\n<p style=\"text-align: center;\"><b>State Owns Historic Maui Trail,<\/b><\/p>\n<p style=\"text-align: center;\"><b>But Recommends Against Its Use<\/b><\/p>\n<p>&nbsp;<\/p>\n<p>On July 14, the Land Board approved a request by the DLNR\u2019s Division of Forestry and Wildlife to terminate a May 2012 memorandum of agreement with Haleakala Ranch Company that allowed the public, with a guide, to access twice a year what was believed to be the historic Haleakala Bridle Trail through the ranch. The six-foot-wide trail extends from Makawao to Haleakala crater. Whether it was public or not was a matter of dispute at the time DOFAW and the ranch entered into the MOA.<\/p>\n<p>In April 2014, the 2<sup>nd<\/sup> Circuit Court ruled that the state indeed owned the trail, in a case initiated by Public Access Trails Hawai`i (PATH). The ranch agreed not to appeal the verdict and a final order was filed in July 2016.<\/p>\n<p>With the ownership issue settled, the ranch asked DOFAW last August to end the MOA, which the department seemed glad to do. In its report to the Land Board, DOFAW indicated that managing the reservation system and guided hikes required a significant amount of time and placed \u201ca substantial burden of expense on an already stretched Na Ala Hele program.\u201d<\/p>\n<p>In an October 27, 2015, statement, Scott Fretz of DOFAW\u2019s Maui office explained that because the trail was unmarked and cut through private lands, it was impossible to stay on the trail and avoid trespassing without a guide. Hikers also were at personal risk given the ongoing cattle operations on the surrounding lands.<\/p>\n<p>\u201cIt is furthermore not constructed and maintained to Na Ala Hele trail standards and there are no parking areas or other amenities. For these reasons, the department does not recommend that the trail be used,\u201d he wrote.<\/p>\n<p>In its report last month to the Land Board, DOFAW noted that it was still pursuing an agreement with PATH \u201cor other appropriate entities\u201d on the terms of public use of the trail. \u201cthat will better accommodate the public.\u201d It added that it had reached out to PATH, the ranch, and the Maui Chapter of the Sierra Club to discuss the issue.<\/p>\n<p>&nbsp;<\/p>\n<p style=\"text-align: center;\"><b>***<\/b><\/p>\n<p style=\"text-align: center;\"><b>Board Approves<\/b><\/p>\n<p style=\"text-align: center;\"><b>MOU for Lehua Project<\/b><\/p>\n<p>&nbsp;<\/p>\n<p>The pieces needed to rid Lehua Island of invasive rats are falling into place. Last month, the U.S. Fish and Wildlife Service (FWS) and the state Department of Land and Natural Resources (DLNR) were expected to publish their final environmental assessments of their Lehua Island Ecosystem Restoration Program to be conducted this year. And at its July 14 meeting, the state Board of Land and Natural Resources approved a memorandum of understanding (MOU) and implementation agreement between the many parties involved: the DLNR, FWS, U.S. Coast Guard, Island Conservation, National Tropical Botanical Garden, and the owners of Ni`ihau, which is less than a mile south of Lehua and will be used as a staging area.<\/p>\n<p>The MOU describes each of the parties\u2019 roles and sets forth the terms under which they will interact.<\/p>\n<p>The U.S. Department of Agriculture was considered, but is not included as a party. According to DLNR Division of Forestry and Wildlife administrator David Smith, the USDA wants its own separate agreement. Still, the MOU does identify actions to be undertaken by the USDA: 1) develop and implement monitoring protocols, and 2) purchase bait, on a reimbursable basis, if applicable.<\/p>\n<p>Lehua is federally owned, but is also a state seabird sanctuary managed by DOFAW. According to the FWS draft environmental assessment for the project, \u201cLehua is home to the largest breeding colonies of brown boobies (<i>Sula leucogaster<\/i>) and second-largest for red-footed boobies (<i>S. sula<\/i>) in the Hawaiian Islands, the fifth-largest Hawaiian breeding ground for wedge-tailed shearwaters (<i>Puffinus pacificus<\/i>), an important large colony of red-tailed tropicbirds (<i>Phaethon rubricauda<\/i>) and is home to the westernmost colony of Hawaiian black noddies (<i>Anous minutus<\/i>). Three federally-listed species are suspected of nesting on Lehua: Newell\u2019s shearwaters rumped storm-petrels (<i>Oceanodroma castro<\/i>) and Hawaiian petrels (<i>Pterodroma sandwichensis<\/i>).\u201d<\/p>\n<p>To restore the island\u2019s plant and bird populations, rabbits were eradicated in 2006 and the agency tried but failed to eradicate the rats in 2009.<\/p>\n<p>After evaluating the possible reasons for the failure, the parties and agencies involved in the 2009 eradication agreed to give it another shot. The effort will involve aerially dropping anticoagulant bait onto the island. Diphacinone, which was used last time, would again be used, as well as brodifacoum, if necessary. (For more on this, read our April 2017 cover and sidebars.)<\/p>\n<p>The owners of Ni`ihau, who had been concerned that the last bait drop had caused a major fish kill on their island, are now on board, DOFAW\u2019s Smith told the Land Board.<\/p>\n<p>\u201cThey\u2019re offering to let us operate off the island,\u201d he said, adding, \u201cthe last time [the parties involved] didn\u2019t cooperate with Ni`hau and they were pissed off.\u201d<\/p>\n<p>\u201cCould we say for the record it <i>upset<\/i> them?\u201d Land Board chair Suzanne Case asked.<\/p>\n<p>\u201cThe Ni`ihau people were upset we did not properly get their consent,\u201d Smith clarified. \u201cIt\u2019s kind of a breakthrough to have them working on this,\u201d he said.<\/p>\n<p>While Ni`ihau\u2019s residents seem to have been won over, some resistance to the aerial broadcast of pesticides remains, with blog posts and web articles warning of the potential dangers the aerial broadcast of pesticides poses to non-target species (including humans).<\/p>\n<p>Given the controversial nature of the project, Land Board member Sam Gon wished DOFAW the \u201cbest of luck.\u201d<\/p>\n<p>\u201cHaving to jump through flaming hoops, you look un-singed,\u201d he said.<\/p>\n<p>&nbsp;<\/p>\n<p style=\"text-align: center;\"><b>* * *<\/b><\/p>\n<p style=\"text-align: center;\"><b>Fence Project for<\/b><\/p>\n<p style=\"text-align: center;\"><b>Kaua`i Seabirds<\/b><\/p>\n<p>&nbsp;<\/p>\n<p>To help mitigate for the incidental take of rare seabirds that are attracted to and harmed by nighttime lights on Kaua`i, the state Division of Forestry and Wildlife wants to protect and enhance their habitat by building a two-hectare, predator-proof enclosure on the rim of Kalalau Valley, on the border of Koke`e and Napali Coast state parks.<\/p>\n<p>The fencing project is part of a larger mitigation strategy in DOFAW\u2019s Kaua`i Seabird Habitat Conservation Plan, which covers actions by a number of non-federal entities (such as the state Department of Transportation) that may cause harm to Kaua`i\u2019s seabirds. (The Kaua`i Island Utility Cooperative, with federal grant assistance, is developing a separate habitat conservation plan to mitigate for bird collisions with power lines.)<\/p>\n<p>In addition to building the fence, the HCP calls for the removal of predators, monitoring for seabirds, and installation of equipment to make the enclosure a \u201cseabird attraction site.\u201d<\/p>\n<p>\u201cThat sounds like a seabird dating site,\u201d Land Board member Chris Yuen said at the board\u2019s July 14 meeting, where DOFAW requested approval to put the two-year project out to bid.<\/p>\n<p>DOFAW\u2019s David Smith explained that it kind of is. \u201cIt refers to birds figuring out there\u2019s other birds [there],\u201d he said, explaining that birds flying overhead will investigate bird calls from the ground.<\/p>\n<p>Land Board member Sam Gon noted that the project site will be a difficult place to build a fence.<\/p>\n<p>\u201cVery challenging,\u201d Smith agreed.<\/p>\n<p>DOFAW is expected to select the winning bidder by the end of this month. Work will not likely begin until next spring or summer, according to a staff report.<\/p>\n<p>The board\u2019s approval of the project could not come soon enough for some. In June, Hui Ho&#8217;omalu i Ka &#8216;\u0100ina, Conservation Council for Hawai&#8217;i and the<b>\u00a0<\/b>Center for Biological Diversity filed a notice of intent to sue the DOT for failing to stop lights at airports and harbors on Kaua`i, Maui, and Lanai from injuring Newell\u2019s shearwaters, Hawaiian petrels, and band-rumped petrels, all of which are covered under the HCP.<\/p>\n<p>A recent study led by the Kaua`i Endangered Seabird Recovery Project and published online in the scientific journal <i>Condor <\/i>found a 94 percent decline in the shearwater population and a 78 percent decline in the Hawaiian petrel population between 1993 and 2013.<\/p>\n<p>\u201cKaua\u2018i\u2019s endangered seabirds are under threat from a whole suite of issues, including introduced predators such as fera<b>l <\/b>cats, powerline collisions, light attraction and invasive plants \u2013 as well as threats at sea which could include overfishing, by-catch and the effects of climate change,\u201d stated lead author Andre Raine in a DLNR press release on the study.<\/p>\n<p>&nbsp;<\/p>\n<p style=\"text-align: center;\"><b>* * *<\/b><\/p>\n<p style=\"text-align: center;\"><b>Savio Gets Time<\/b><\/p>\n<p style=\"text-align: center;\"><b>To Clear Out Properly<\/b><\/p>\n<p>&nbsp;<\/p>\n<p>Cowboy hat in hand, Savio Realty vice president Dana Kenny pleaded with the Land Board last month for two or three more weeks to clear its property out of the old Uncle Billy\u2019s hotel, which the DLNR abruptly ordered to close in June after a county inspection deemed it unsafe.<\/p>\n<p>Savio had a permit from the board to keep the hotel operating while the DLNR and Hawai`i County worked out a plan for the greater Banyan Drive area owned by the state. Before that could happen, however, state and county inspections found numerous health and safety concerns at the hotel, known as the Pagoda Hilo Bay Hotel after Savio took it over last year.<\/p>\n<p>At the Land Board\u2019s July 14 meeting, DLNR Land Division staff had recommended canceling Savio\u2019s permit and issuing a new one to Tower Development, which operates the adjacent Grand Naniloa Hotel and wants to build a fence around the dilapidated Pagoda property to shield it from view and to control trespassing.<\/p>\n<p>Kenny, however, asked if the board could wait a little longer before canceling Savio\u2019s permit so the company could exit properly.<\/p>\n<p>\u201cIt\u2019s been 17 business days to go from being fully operational to having a parking lot sale,\u201d he said. \u201cThere\u2019s not a manual on how to do this.\u201d<\/p>\n<p>He continued that Savio had been told by DLNR that the hotel would have to close on July 14 and then it would be given time to remove property (beds, furniture, etc.). Based on that timeline, Kenny said that Savio has paid for advertising for two sales.<\/p>\n<p>\u201cIt\u2019s next to impossible to do the sale by this weekend,\u201d he told the board. \u201cWe\u2019re selling beds. They\u2019re being inspected for bed bugs. They\u2019re being bagged. We\u2019re trying to do this in a real fashion. We\u2019re not dragging people through the hotel and [telling them] \u2018pick what you want.\u2019\u201d<\/p>\n<p>\u201cMost of our rooms had full kitchen. We\u2019re not talking about a bed, two night stands, and two lamps. We\u2019re talking about microwaves, pots, pans \u2026,\u201d he said.<\/p>\n<p>He said many furnishings will be going to non-profits: Catholic Charities, Habitat for Humanity, ARC. If Savio isn\u2019t given enough time to distribute everything properly, a lot will end up at the landfill, he said.<\/p>\n<p>He added that there are also hazardous wastes that need to be properly dealt with.<\/p>\n<p>\u201cOur agreement with you is an agreement we consider to be an honorable one. We want to walk out of that property and hand you folks the keys and have you folks say, \u2018Wow, you did a good job.\u2019 \u2026 We want to feel good about who we are. We\u2019re members of the community. We\u2019re going to run into each other again,\u201d Kenny said.<\/p>\n<p>\u201cAt the end, I want us to be able to shake hands and say, \u2018It wasn\u2019t the best experience, but it wasn&#8217;t a bad experience,\u2019\u201d he said.<\/p>\n<p>Tower president Ed Bushor seemed amenable to waiting a few weeks. \u201cI don\u2019t care either way. I&#8217;m doing this for the community,\u201d he said with regard to the fence. \u201cI build churches. If we\u2019re giving this stuff to the church, I&#8217;m the first guy to say it\u2019s a good idea,\u201d he said.<\/p>\n<p>Land Board member Chris Yuen made a motion to give Savio three more weeks to complete its work and to give Tower a permit on August 4 to begin fencing.<\/p>\n<p>After the vote, Land Board chair Suzanne Case offered her sympathies, as did Yuen.<\/p>\n<p>\u201cGetting to the point where we had to close it is the last point we wanted to be at with this property. I&#8217;m very sorry we put your company in this position,\u201d he told Kenny.<\/p>\n<p><b><i>\u2014 Teresa Dawson<\/i><\/b><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Landscaper May Finally Pay State&nbsp;Its Nearly Half A Million Dollar Debt An ill-timed auction. An effort to give a Waimanalo animal shelter time to relocate after its lease expired. Alleged verbal instructions from state land agents to the new tenant &hellip; <a href=\"https:\/\/environment-hawaii.org\/?p=9807\">Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":9590,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[423],"tags":[3],"class_list":["post-9807","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-august-2017","tag-teresa-dawson"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/9807","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9807"}],"version-history":[{"count":0,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/9807\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/media\/9590"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9807"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9807"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9807"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}