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HomeMy WebLinkAboutCOM 0124.000 1996-1998 1 Hawaii Statz Association vr~ Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu ~a~.:y 7 E -'CJ y January 27, 1997 To: James Arakaki, Chairman and Members of the Hawaii County Council From: AI Smith, Secretary-Treasurer Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting -January 15, 1997 The following highlights of the HSAC Executive Committee Meeting of January 15, 1997 are hereby submitted. The Secretary's Minutes of the Executive Committee Meeting of December 11, 1996 were approved and placed on file (attached for information). The Treasurer's Report for the month of December 1996 was approved and placed on file {attached for information). President Mansho presented a brief oral report of a meeting with Governor Cayetano and the members of the HSAC Executive Committee on December 27, 1996. The purpose o£tit{e meeting with the Governor was to discuss the mutual concerns of the counties and their priorities; Attending this meeting were President Mansho, Vice President Nakamura, Secretary-Treasurer Smith, Kauai Alternate Tehada and Council Chair Thronas. President Mansho indicated that the Governor was very receptive and used the meeting tcs share with the attendees information about the state's short fall, his thoughts on raising the GBSCra1 Excise Tax and possibly the Transit Accommodations Tax, the promotion of CIP projects on all of the islands, discussions on agriculture and diversified agriculture support, the OHA ceded lands claims, and ideas on how to encourage business. President Mansho also reported that the Governor was very open to having quarterly meetings with HSAC Representatives. Under Unfinished Business, the 1997 HSAC Legislative Fackage was approved. The 1997 HSAC Legislative Package consists of a proposal to immunize the counties from liability for injuries caused by a natural condition of unimproved public property, even in the absence of warning signs and other public safety services; a proposal to restore the potential loss of any transient accommodations tax revenues currently received by the counties with the State's general excise tax .~''"o. revenues; a proposal to authorize the counties to give similar preference provision to those of t} Ref. ?o~ COU N G 1 t_ Eat. Date JAN 2 9 1991 -G State for county public works projects to bidders who have successfully paid their applicable State taxes; and a proposal to reimburse the counties for general excise tax revenues passed on to the counties by vendors or licensees. Under New Business, the HSAC Executive Committee first considered a "Resolution Supporting Legislation Proposed by the Division of Forestry and Wildlife of the State Department of Land and Natural Resources for Insuring Funding of the Hawaii Statewide Trails and Access Program or Na Ala Hele" along with documentation and proposed legislation which will provide long-term supplemental funding to the Na Ala Hele Trail and Access Program. Mr. Curt Cottrell, Trails and Access Program Manager, explained that the Statewide Trails and Access Program is at risk for lack of a stable funding source. In addition to basic recreational purposes, trails serve a number of functions which include access for the management and protection of our forests and watersheds, access for hunters, and a resource for ecotourism. To insure the continued maintenance of trails and the development and maintenance of new trails and accesses, the Department of Land and Natural Resources is proposing legislation which will provide 0.3% of the gasoline tax revenues to fund this program and allow for the assessment of fees for the commercial and other uses of trails and accesses. A HSAC Resolution supporting DLNR is submitted for your consideration along with supporting information and a proposed legislative bill. It is requested that the Hawaii County Council consider the HSAC Resolution (copies attached, ACTION REQUESTED). Also under New Business, the Executive Committee considered a "Resolution Supporting Legislation to Appropriate Grants-In-Aid to County Police Departments for the Expansion of the Drug Abuse Resistance Education (Dare) Program." It is being proposed that the DARE Program be expanded statewide to intermediate and high schools over a five year period using a state grant- in-aid. A HSAC Resolution supporting the expansion of the DARE Program by state grant-in-aid is submitted for your consideration along with supporting information on Hawaii County and a proposed legislative bill (copies attached, ACT1ON REQUESTED). Finally under New Business, the Executive Committee reviewed a proposed HSAC Budget and Annual Dues Estimate. For purposed of annual budgeting, it is recommended that counties anticipate an annual HSAC dues assessment of $8,000 for fiscal year 1997-1998. There being no further business, the meeting was adjourned. The next HSAC Executive Committee meeting is scheduled for Friday, February 14, 1997, 9:00 a.m., Honolulu Committee Room, Honolulu, Hawaii. Attachments Hawaii Stage Association ~r Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE MEETING December 11, 1996 Kipu Room Kauai Marriott Resort & Beach Club Lihue, Hawaii L CALL TO ORDER The HSAC Executive Committee was called to order by President Rene Mansho at 10:00 a. m. The following members present made up a quorum: City and County of President Rene Mansho Honolulu Staff Elaine Lee County of Maui First Vice President Dennis Nakamura Staff Joanne Louie County of Kauai Second Vice President Ron Kouchi Staff Cyndi Ayonon County of Hawaii Acting Secretary-Treasurer AI Smith Staff Gerald Monden Also in attendance: Hawaii Council Member Dominic Yagong Kauai Council Chair Mary Throngs Kauai Council Member Bryan Baptiste Kauai Council Member Jimmy Tehada Kauai Council Member Jimmy Torioka Maui Council Member Alan Arakawa Maui Council Member Robert Carroll Maui Finance Director Travis Thompson NACo First Vice President Betty Lou Ward WIR President Dave Schmidt II. EXECUTIVE COMMIT"I"EE MEETING MINUTES The minutes of the November 22, 1996 meeting of the HSAC Executive Committee were ~ approved as circulated. III. TREASURER'S REPORT The Treasurer's Report for the month of November 1996 was approved as circulated. N. REPORTS A. Executive Committee Reports Reporting on the approval of the 1997 HSAC Legislative Program Policy Statement. (Action taken on November 22, 1996) B. County Reports There were no County Committee Reports. C. NACo Reports Second Vice President Kouchi reported that the two most significant issues at the NACo Fall Board Meeting were NACo's indebtedness on the NACo Building and discussions on the successor to NACo Second Vice President Dick Cecil. About 15 yeazs ago, NACo entered into an agreement for the construction and purchase of a building in downtown Washington, D. C. and in a nutshell, NACo made a bad deal and almost went bankrupt. Back then, all of the members were asked to assist in the form of increased dues and with some belt tightening and two good presidents, NACo was able to weather the storm. NACo continues to operate in a financially solvent manner and is applying some of the revenue that we aze taking in towazds the fulfillment of the indebtedness on the building. It is projected that NACo will shortly be wrapping up the lawsuit that it is involved in that we will be able to clear the debt within the next two or three yeazs. A second significant issue was the discussions on a successor to NACo Second Vice President Dick Cecil who was not re-elected this past November. Last July, in electing the new person who would ultimately become the President of NACo, and afrer interviews with both candidates, it appeared that Dick Cecil of Delaware was much more in tune to our needs, to our native Hawaiian issues, to our sugaz issues, and was going to be a better friend to Hawaii than the candidate from Maryland. Hawaii then supported Republican Dick Cecil over a Democrat in what fumed our to be the closest election ever in NACo history and where Hawaii s forty-plus votes would have turned the tide for either candidate. Afrer much rancorous debate on what to do with the vacancy, the decision was made by the Board of Directors to wait until the general membership meeting in July and have an election for the first vice president slot, which would be Mr. Cecil's vacated seat, and also have an election for the second vice president, which would be the seat that would naturally would have opened up. A number of possible candidates, including HSAC President Mansho have already been identified. A third item is that Hawaii is looking at hosting a future NACo Annual Meeting either in July 2002 or July 2004. An event such as this will usually bring in about 5,000 delegates with spouses and children or about 7,000 or 8,000 people. President Mansho has been in touch with the Governor's Office as well as the Waikiki Visitors Association. Hosting such a conference will run in the neighborhood of $250,000 to $400,000 versus the tremendous amount of revenue that would come in. Finally it was noted that participation in NACo, to include running for National Office, is open to all members, and that the level of participation by each county is a matter of policy for each individual county. D. WIR Reports President Mansho who is also a member of the Boazd of Directors of the Western Interstate Region (WIR) reported that the WIR is still in the process of formulating its legislative package. The WIR Board just met and it appeazs that it will be maintaining the same public lands home rule issues for county government. The next WIR national conference will be here at the Kauai Marriott on May 21-24, 1997. Around 500 participants aze expected from the 15 members states. V. UNFINISHED BUSINESS A. 1997 HSAC Legislative Package The purpose of this item is to act on the following items proposed by HSAC for inclusion in the 1997 Legislative Package: 1. Bill relating to public land liability immunity The purpose of this bill is to immunize the counties from liability for injuries caused by a natural condition of unimproved public property, even in the absence of warning signs and other public safety services. This matter is still pending in Hawaii County. All other counties have reported approval of this item for inclusion into the 1997 HSAC Legislative Package. 2. Bill relating to revenue sharing The purpose of this bill is to restore the potential loss of any transient accommodations tax revenues currently received by the counties with the State's general excise tax revenues. This matter is still pending in Hawaii County. All other counties have reported approval of this item for inclusion into the 1997 HSAC Legislative Package. 3. Bill relating to preference to bidders on county contracts The purpose of this bill is to authorize the counties by ordinance to give preference for county public works projects to bidders who have successfully paid their applicable State taxes. This version of the bill would enable the counties to enact preference provisions similar to those of the State, for county public works projects. This matter is still pending in Hawaii and Kauai Counties. All other counties have reported approval of this item for inclusion into the 1997 HSAC Legislative Package. 4. Bill relating to taxation/general excise tax .The purpose of this item is to consider and act on a bill relating to taxation/general excise tax (GET) for inclusion in the 1997 HSAC Legislative Package. This bill if enacted, would reimburse the counties for GET passed on to the counties by vendors. This matter is still pending in Hawaii and Kauai Counties. All other counties have reported approval of this item for inclusion into the 1997 HSAC Legislative Package. VII. COMMUNICATIONS The following communication is to be placed on file: l . From President Mansho to Mr. Michael Hightower, President, National Association of Counties (NACo), dated November 25, 1996, requesting approval for new appointments to NACo's Public Lands Steering Committee and Environment, Energy & Land Use Steering Committee. VIII. ANNOUNCEMENTS Ne:t meeting: 9:00 a.m., January 15, 1997, Honolulu Council Committee Room. IX. ADJOURNMENT There being no further business, the meeting of the Executive Committee was adjourned at 10:44 a.m. Very truly yours, ~ AL SMITH Secretary-Treasurer Hawaii State Association of Counties Hawaii St<"~'e Association ~~f Counties - Counties of Kauai, Maui and Hawaii. City 8, County of Honolulu .~r .o~ ~.t:I ;r , Janiiaiy 9, 1997 The Executive Committee Members Hawaii State Association of Counties Dear Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period December 1 to December 31; 1996. Very truly yours, LAC i~f'y~,~ c"' AL SMITH ' , Secretary-Treasurer -_,r~~"~ Hawaii State Association of Counties ~ Enclosure ~'`"•~,.'e ~.i ''~.`r~ HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: December 1 through December 31, 1996 FUND BALANCE AT BEGINNING DATE $64,796.83 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $28,000.00 $28,000.00 010 Conference Income $0.00 $6,283.96 $6,000.00 0301nterest Income $182.21 $858.91 $1,400.00 090 Miscellaneous $100.00 $200.00 $0.00 Total $282.21 $35,342.87 $35,400.00 TOTAL RECEIPTS THIS PERIOD $282.21 Disbursements Executive Committee 201 Travel $160.00 $319.00 $3,960.00 202 Auditing Services $0.00 $0.00 $4,500.00 203 Stationery $0.00 $719.08 $800.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,320.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $0.00 $1,320.82 $6,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $17,272.00 $17,272.00 $18,992.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $0.00 $2,000.00 502 Promotional $0.00 $3,934.15 $25,000.00 503 Dues $2,200.00 $2,200.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 606 FY 95-96 Annual $0.00 $0.00 $0.00 607 FY 96-97 Mid Year $0.00 $1,000.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 TOTAL $19,632.00 $26,765.05 $66,372.00 TOTAL EXPENSES THIS PERIOD $19,632.00 FUND BALANCE AT END OF PERIOD $45,447.04 rt • Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu ~ . RESOLUTION SUPPORTING LEGISLATION PROPOSED BY THE DIVISION OF FORESTRY AND WILDLIFE OF THE STATE DEPARTMENT OF LAND AND NATURAL RESOURCES FOR INSURING FUNDING OF THE HAWAII STATEWIDE TRAILS AND ACCESS PROGRAM OR "NA ALA HELE." WHEREAS, pursuant to Chapter 198D, Hawaii Revised Statutes ("HRS");.the State Department of Land and Natural Resources ("DLNR") is directed to plan, develop, acquire land or rights for the public use of land, construct, restore, and engage in coordination activities to's'implement the Hawaii Statewide Trails and Access Program or "Na,rA~a Hele"; and WHEREAS, the responsibilities of the Na Ala Hele Program include identifying and selecting trails and accesses for acquisition, development, and improvement; providing adequate management of Na Ala Hele trails and accesses; studying and utilizing a variety of options and approaches to expanding such trails; and evaluating all aspects of the program to better improve the system; and WHEREAS, the commercial use of trails or "ecotourism" is a growing business activity in Hawaii which provides a tourist or local consumer with first-hand experiences with natural-'Nand cultural resources through such activities as hiking, camping, kayaking, and snorkeling; and WHEREAS, legislation has been proposed by the DLNR ~c>r introduction at the 1997 Regular Session of the Hawau„S.tate Legislature that would ensure long-term supplemental £u~ang for the management, maintenance, and development of trails and accesses under the jurisdiction of the DLNR through a portion of the tax revenues generated by the sale of fuel to non=highway recreational vehicles, revenues generated from commercial use of select trails and accesses, and private contributions; and WHEREAS, the additional funding for such projects_as posting additional signs along Na Ala Hele hiking trails and applicable ocean waters frequented by local and visitor hikers would reduce the number of accidents involving missing hikers as well as county costs associated with such search and rescue efforts; and J,.,•.-. ~~~'tir« WHEREAS, the Hawaii State Association of Counties finds that the proposed legislation would enable the DLNR to continue implementation of a statewide trail and access program and facilitate the development of ecotourism ventures in Hawaii, resulting in a greater ability of the State to manage its natural and cultural resources and in the assurance of safe, recreational opportunities for the visitors and residents of the State of Hawaii; now, therefore, BE IT RESOLVED by the Hawaii State Association of Counties that it hereby unanimously supports the attached legislation proposed by the State Department of Land and Natural Resources for insuring funding for the management, maintenance, and development of the Na Ala Hele program. INTRODUCED BY: RENE MANSHO President DENNIS NAKAMURA First Vice President RONALD KOUCHI Second Vice President AL SMITH Secretary/Treasurer -2- - B. NG. ' A BILL FOR AN ACT RELATING TO THE STATEWIDE TRAIL AND ACCESS PROGRAM. BE IT ENACTED BX THE LEGISLATIIRE OP THE STATE OF SAAAII: SECTION 1. Section 171-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "{a) There is created in the department a special fund to be designated as the "special land and development fund". Subject to the provisions contained in the Hawaiian Homes Commission Act of 1920, as amended, and in section 5(f) of the Admissions Act of 1959, and except as provided under section 171-138 £or the industrial park special fund, all proceeds of sale of public lands, including interest on deferred payments[, and]; all rents from leases, licenses, and permits derived from public lands 0.3 cent of the moneys co~tected under chanter 943 through the assessment o~~axeG on the sale of non-hi wav ra(-r~ti~nn~,Lfue1 fees charge by the department for the rnmmPrrial , o gublic trails and access~G under_the j~~isdict~on of the department; and s;iivate contributions for the managPmPnt maintenance and dey~+lopment of trai~js and accesses shall be set apart in the fund and shall be used only as authorized by the legislature, except that, without prior LNR-15(97) Page 2 B. NO. i legislative authority, the board may use the fund for the following purposes: 3 (1) To reimburse the general fund of the State for advances made which are required to be reimbursed from the ~ proceeds derived from sales, leases, licenses, or 6 permits of public Iands; i (2) For the maintenance of all lands under the control and 3 management of the board, including repairs or 9 improvements, thereon; provided that the department 10 shall not expend in excess of $500,000 in any fiscal I1 year without the prior approval of the governor; 12 (3) To repurchase any land, including improvements, in the 1,3 exercise by the board of any right of repurchase 14 specifically reserved in any patent, deed, lease, or 1~ other documents or as provided by law; 16 (4) For the payment of all appraisal fees; provided that 17 all fees reimbursed to the board shall be deposited in 13 the fund; 19 (5) For the payment of publication notices as required 20 under this chapter; provided that all or a portion of 21 the expenditures may be charged to the purchaser or 22 lessee of public lands or any interest therein under 23 the rules adopted by the board; 24 (6) For the [planning and construction of roads and trails 25 along state rights-of-way] managQmPnt ma'n non and ZNF2-15{97) Page 3 B. NO. develor~ ont of trails and accesses under the ~ jurisdiction of the department not to exceed [$5,000] S500,000 in any fiscal year; and } (7) For the payment to private land developers who have ~ contracted with the board for the development of public ~ lands under section 171-60." 1 SECTION 2. Section 198D-2, Hawaii Revised Statutes, is 3 amended to read as follows: "§198D-2 Establishment of Hawaii statewide trail and access program. (a) There is established the Hawaii statewide trail t and access program, to be known as Na Ala Hele. The department ? of land and natural resources shall plan, develop, acquire land i or rights for public use of land; construct, restore, and engage l in coordination activities to implement the program in accordance 5 with this chapter. 5 .t (b) The trail and access program shall [prepare an annual 7 report for the legislature concerning the amount of moneys 3 accruing to the credit of the general fund] tit-;1' fvnd'ng for 9 the m-n~geme*++- ma;ntenance and development of trails and p ac-c-asses under the j_urisdiction~f the de~,artment from the 1 following sources: 2 (1) (All] ,e~,_.L)?er cent of the taxes collected under chapter 3 243 on non-highway recreational fuel[,or in the 4 alternative, 0.3 per cent of the proceeds under chapter $ 243 deposited into the state highway fund established rxR-ls(9~) 5 Page 4 - B. NO. under section 248-3]; (2) Federal government grants [for the management, i maintenance, and development of trails and accesses]; 3 (3) Private contributions [for the management, maintenance, ~ and development of trails and accesses]; and i [(4) Earnings on the investment of the moneys specified in paragraphs (1) to (3), which became a part of the 3 general fund. 9 The trail and access program shall submit the report to the 0 legislature not fewer than twenty days prior to the convening of 1 each regular session of the legislature.] .Z (41 Fees charggd by the department for the commercia3„ and ;3 other use of trails and accesses under the i,~risdiction l4 of the department. l~ (c} The moneys specified in subsection (b)_(,yl, shall be 16 deposited in the state treasury; provided that moneys received 17 as deposits or contributions from the federal government [or 13 private sources] shall be accounted for in accordance with the 19 conditions established by the agencies [or persons] making the 20 contribution. [Earnings on the investment of these moneys shall 21 become a part of the general fund.] 22 (d) [All moneys to meet the general operating needs and 23 expenses of the trail and access program shall be allocated by 24 the legislature through appropriations out of the state general ZS fund. The department shall include in its budgetary request for LNF2-15 (97 ) Page 5 B. NO. each upcoming fiscal period, the amounts necessary to effectuate this chapter.] Thy moneys so ci d 'n cib 'on (bl(11 f31 i and [a1 shall be d~nosited-in the spQc'aT Tand and d v 1Q,m n 3 fund under section 171-19 for the maTl~Qement, maintenance, and i dwgl QpmPn o a> > and .cce s. and r h i~ d i i on o th 5 department. 7 L~~ Al t addi'-i opal mop v_s to meet the gg~aral owe a "na 3 needs and exn~n s o h tai- and a s p~gram sh 1 b ~ ~ io at d by th Ieaisla ~ ~ thra~gh ao~~Qn~iations out of the J state general fund. The depar{-men shall 'n ~d in its 1 b~_q~~ r~-ghest for each upcoming fiscal period, the amounts 2 necessary to effectuate this chapter." 3 SECTION 3. Section 248-8, Hawaii Revised Statutes, is 4 amended to read as follows: 5 "§248-e Special funds in treasury of State. There are 6 created in the treasury of the State three special funds to be 7 known, respectively, as the state highway fund, the airport 8 revenue fund, and the boating special fund. All taxes collected 9 under chapter 243 in each calendar year, except the "county of 0 Hawaii fuel tax", "city and county of Honolulu fuel tax", "county 1 of Maui fuel tax", and "county of Kauai fuel tax", shall be 'L deposited in the state highway fund; provided that: 3 (1) All taxes collected under chapter 243 with respect to :4 gasoline or other aviation fuel sold for use in or used :5 for airplanes shall be set aside in the airport revenue i Page 6 B. NO. l fund; and 3 (2) All taxes collected under chapter 243 with respect to 3 liquid fuel sold for use in or used for small boats shall be deposited in the boating special fund. ~ As used in this section, "small boats" means all vessels and 6 other watercraft except those operated in overseas transportation i beyond the State, and ocean-going tugs and dredges. The 3 chairperson of the board of land and. natural resources, from 9 July 1, 1992, and every three years thereafter, shall establish IO standards or formulas that will as equitably as possible L1 establish the total taxes collected under chapter 243 in each l2 fiscal year that are derived from the sale of liquid fuel for use 13 in or used for small boats. The amount so determined shall be 14 deposited in the boating special fund. 1~ An amount equal to [allJ 0.3 oer cent of the moneys 16 collected under chapter 243 through the assessment of taxes on 17 the sale of non-highway recreational fuel shall be [reported] 13 allocated to the [trail and access program] special land and 19 development fund for p~rooses of the managem n ma'n nan and 20 gyglopment of td-ai1.s and accesses under the ~usrisdiction of the 21 department of land and natural resources established under 22 section 198D-2[. Until such time as the department of 23 transportation develops a system to calculate the tax revenues 24 generated from non-highway recreational fuel, or until July 1, 25 1997, whichever is later, o.3 per cent of all proceeds deposited INR-15(97) Page 7 B. :10. into the highway fund shall be the amount reported to the trail and access program of the deaartment of land and natural resources.] ~d"~' fiscal vear." SECTION 4. Statutory material to be repealed is bracketed. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 1997. ~ INTRODUCED BY: r i 4 i i T 3 1 2 3 4 5 rxR-is (97) JUSTIFICATION SHEET DATE: October 4, 1996 DEPART.YENT: Land and Natural Resources TITLE: A BILL FOR AN ACT RELATING TO THE STATEWIDE TRAIL AND ACCESS PROGRAM. PIIRPOSE: To create a long-term supplemental funding source for the Na Ala Hele Trail and Access Program through a portion of the tax revenue generated by the sale of fuel to non-highway recreational vehicles, revenues generated for the commercial use of select trails and accesses, and private contributions. MEANS: Amend sections 171-19, 198D-2, 248-8, Hawaii -Revised Statutes. JIISTI?ICATION: While basic operating needs and expenses for the Na Ala Hele program are allocated by the Legislature through appropriations to the Department's LNR 804 program, recent budget shortfalls have resulted in the need to look for additional sources offunding to carry out the statutory obligations of the Program. Trails and accesses are important management tools in the stewardship of watersheds and other natural and cultural resources. Properly managed and maintained trails and accesses provide protection and access far wildland fire suppression, which is a critical component of watershed protection. Researchers utilize these features to conduct studies on native ecosystems. Public trails and accesses offer recreational opportunities such as; hunting, hiking, biking, equestrian riding, and off-road vehicle use. There is also an increasing demand by the private sector to utilize public trails for commercial ecotourism ventures. There is a direct relationship between non- highway recreational fuel use and the unpaved roads and trails that the Department manages and maintains. Revenue derived from taxes collected from non-highway recreational use • could be used directly for the management,, maintenance and development of these unpaved roads and trails. LNR-15(97) J Page 2 The passage of the proposed legislation would enable the Department to develop relationships with the private sector in developing an ecotourism industry that would provide funds to defray the costs of trail and access management. Also, the Department would be able to continue to implement a statewide trail and access program, resulting in a greater ability to manage natural and cultural resources, and to increase and enhance the safety of recreational opportunities for the public. GENERAL, FIIND: None. OTHER FIINDS: None. PPBS PROGRAM DESIGNATION: LNR 804 OTHER AFFECTED AGENCIES: Department of Transportation LNR-15(97) G ` -,c% `y~' NA ALA HELE Hawai i Trail ~S Access System btENIORANDUM 16 DECEMBER 1996 T0: Na Ala Hele (NAH) Advisory Council Members & Ex Officio Members, NAH Supporters and NAH Core Group FROM: Curt Cottrell, NAH Program Manger SUBJECT: 1997 Legislation and the Annual Report to the Legislature For your interest, I have enclosed a new copy of the legislation: Relating to the Statewide Trail and Access System, submitted by DLNR for the 1997 Legislative session. In addition to the justification accompanying the legislation, I have written an additional explanation that describes the importance and significance of getting this legislation passed. I will be tracking the legislation and will provide further information in the near future on the subject matter committees that the bill would be referred to, should Advisory Council members and trail and access advocates be interested in expressing their support. I have also enclosed the Annual Report to the Legislature on the Hawaii Statewide Trail and Access System and Moneys Accrued from Federal Grants and Non-Highway Recreational Fuel. Along with other information, this report describes many of the NAH accomplishments this past year and a few major issues currently relating to trails and accesses. Legislative Information A. Off-Road Fuel Tax Revenue For the past several Legislative Sessions, DLNR has been promoting legislation that would enable NAH to receive permanent funding from a portion of the tax revenue generated through fuel used by off-road vehicles. Current language in Chapter 248 H.RS. only requires that the Department of Transportation (DOT) report this money to DLNR (see the attached legislation and the annual report.) However, since reporting the amount only indicates how much there is available, the passage of the proposed legislation would enable NAH to receive the funds by allocating the money to DLNR. DLNR manages and maintains un-paved roads utilized by off-road recreational vehicles. Several of these dirt roads provide access to the start of a trail. DLNR has determined that 0.3 per cent of the money collected through fuel consumption under Chapter 243, Hawaii Revised Statutes, is a reasonable amount to be dedicated to the trail and access program for the continued management and maintenance of four-wheel drive roads and hiking trails. The 0.3 pec cent was based on former federal guidelines that mandated each state allocate this percentage (unless a state could accurately assess how much fuel was consumed by off-road vehicles) of fuel tax revenue to state trail efforts. In doing so, a state would be eligible to receive an allotment from the National Recreational Trail Fund Act (NRTFA). The NRTFA no longer requires this Division of Forestry 8 Wildlife • Dept. of Land 8 Natural Resources • 1151 Punchbowl Street • Honolulu, Hawaii 96813 A percentage, but instead a 50-50 itch of State and Federal money (sei nual report.) Passage of the legislation would insure an annual base level of funding for NAH, which would currently provide NAH with approximately $207,000. NAH would no longer have to rely on legislative appropriations through LNR 804, a portion of DLNR's budget that funds recreation. Instead, this dedicated funding would allow the program to continue planning and on the ground efforts to restore or develop trails and access, with the assurance that funding will continue. Given the recent reductions in State revenue, the current federal grants awazded to NAH have been timely and essential. Without these new federal grants the NAH program would have had to initiate a drastic reduction in trail management and restoration activities, and strongly consider abandoning current plans for specific trail development projects. B. Commercial Use of Trails (Ecotourism) DLNR is currently analyzing how to allow, regulate and manage the commercial use of various lands under DLNR jurisdiction. Ecotourism is a growing business activity in Hawaii, where a guided tourist or local consumer experiences natural and cultural resources first hand, through such activities as hiking, camping, kayaking, snorkeling, etc. DLNIZ, and especially NAH, has been repeatedly approached by potential vendors who wish to conduct an "Ecotourism" business. As a result, this legislation also has a provision that allows the trail and access program to receive fees collected from these potential vendors. There is no way to currently determine how much revenue this would generate, but this activity may provide an additional source of money for trail maintenance and development. In some instances, it may be possible that commercial use of a certain trail may actually pay for the cost of maintaining that trail. Of course, any commercial activity proposed for a specific trail would be cazefully scrutinized by DLNR to insure that there would be no damage to the public resource, or any interference with the public's ability to use and enjoy an area. The bottom line is that NAH needs funding from several different sources to accomplish the goals and objectives of the program. Fuel-tax revenue, federal grants (which may only be temporary,) legislative appropriations, and possibly user fees from commercial hiking enterprises would provide an adequate and reliable funding stream to continue to expand trails and access throughout Hawaii. NAH, in addition to providing valuable recreational access to natural and cultural resources, is also the stewazd of these resources. NAH must continue to insure that the trails we develop are adequately taken care of. This includes regular maintenance to reduce the spread of noxious plants, repairing the trail surface to keep the trail safe for use, and also properly protecting historic trails and historic features adjacent these trails for the enjoyment of future generations. Without establishing a reliable source of funding, planning for the continued development of trails would do a disservice to the very resources NAH is mandated to protect. Mahalo for your continued interest and support of Na Ala Hele, and have a Merry Christmas and a Healthy and well funded 1997..., Happy Trails! Enclosures ANNUAL REPORT TO THE NINETEE`aTH LEGISLATE .E REGULAR SESSION OF 1997 HAtiVAII STATEWIDE TRAIL AND ACCESS SYSTEM Known as "Na Ala Hele" and REPORT ON MONEYS ACCRUED: FEDERAL GRANTS AND NON-HIGHWAY RECREATIONAL FUEL S ~ O C N, * ~.•j9 Sp ~ T ~~~i~'• t 9{ ~ [ l Y ~Q +R p ynw ~ ,M: ~.~,.a,~ Prepared by THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF FORESTRY AND WILDLIFE In response [o Section 198D-9(7), Hawaii Revised Statutes and Section 198D-2, Hawaii Revised Statutes Honolulu, Hawaii November 1996 ,AlYNUAL REPOR~i TO THE MNETEENTH LEGISL~__ URE ~ REGULAR SESSION OF 1997 HAWAII STATEWIDE TRAIL AND ACCESS SYSTEI~f Known as "Na Ala Hele" and REPORT ON MONEYS ACCRUED: FEDERAL GR.~~ITS ~uYD NON-HIGHWAY RECREATIONAL FUEL P[ TR PIISF. Chapter 198D, Hawaii Revised Statutes (HRS), "Hawaii Trail and Access System," requires the Department of Land and Natural Resources (DLNR) under Section 198D-9 (7), HRS, to submit an annual report on activities engaged in this chapter. This report covers the period from December 1995 to November 1996. Legislation enacted in 1993 also requires DLNR to report on monies accrued from other sources of funds under Section 198D-2, HRS. 1N~t~nu~'rlnN Na Ala Hele (NAH), The Hawaii Statewide Trails and Access Program, was established through legislation in 1988. Section 198D-2, HRS, directs DLNR to plan, develop, acquire Iaad or rights for public use of land, construct, and engage in coordination activities to implement a trail and access system. The program is administered by the DLNR's Division of Forestry and Wildlife (DOFAW). This report covers activities implemented by DOFAW that are defined and further explained in the NAH Program Plan, which was adopted by the Board of Land and Natural Resources ($LNR) in June of 1991. Specificaity, this report contains information on: I, Federal Funding 2, Monies Accrued Through Nan-Highway Recreations[ Fue[ Use 3. Program Staffing 4. The Trail and Access Advisory Councils 5. Statewide Trail and Access Projects 6. Status of the NAH Rules 7. Select Policy Issues 8. Summary 9. Recommendation D 1. FFT]FRAT. FTNnTiV(: A. Intermodal Surface Transportation Efficiency Act (ISTEA) Section 1007(a) of the ISTEA requires that 10% of the new Surface Transportation funds be available only for transportation enhancement activates. These enhancement activities include the provision of facilities far pedestrians and bicycles. The Federal Highways Administration has determined that trails and accesses qualify for ISTEA under this provision, In Fiscal Year (FY) 96, NAH was allocated a second ISTEA enhancement grant of 5100,000, through the State Department of Transportation (DOT). This federal funding is to be used for improvements and enhancement of NAH trails statewide. This grant requires an 80/20 match, and the State portion is 525, 000 from DOFAW's LNR 804 Program. B. ~ilaHnnal RPrrPaHnnal Trail F`imri 4rt (1VRTFAI NAH, through DLNR, applied for and was certified by the Federal Sighvrays Administration (FHWA) as eligible to receive Aawaii's portion of the 1996 NRTFA funds: 5166,934. The NRTFA is estate-administered, Federal-aid program, and is intended to provide funds to States for trails and trail-related-projects. The FHWA has deleted the requirement that a percentage of the State match come from a portion of the revenues derived from tax on fuel utilized by off-road vehicles. The NRTFA establishes a partnership through which the Federal Government provides 50% of project funding and the State provides a 50% match. The State match is intended to come from State funds applied towards DOFAW - NAH personnel salaries. The NRTFA funds must be utilized on trails and trail-related projects which aze identified in a current Statewide Comprehensive Outdoor Recreation Plan (SCORP). SCORP is currently undergoing revision and the updated version will include the trail projects listed below. The State must also comply with the Assured Access to Funds requirement a minimum of 30% of the funding must be used for motorized trail use, 30% for non-motorized trail use, and 40% for diversified trail use. This criteria provides NAH , with an opportunity to initiate projects to benefit motorized and non-motorized trail users. These federal funds aze obligated and will be used to survey, modify, restore or develop the following prioritized list of trails: Ha~raii 1. Keauhou-Napoopoo Old Government Road 2. Judd Trail 3. Puna Old Government Road Z l X1;1171 1. Ukumehame Whale Watch Trail, 2. Kihei Coastal Trail -South Maui Heritage Corridor 3. Mokuleia Bay Shoreline Access 4. Mamane Trail 5. Waihee Ridge Trail 6. Lahaina Pali Trail ildnlnkai 1. Kalaupapa Overlook Access 2. Maunahui-Makakupaia Trail J.anai 1. Kiaolohia-Kahue Coastal Trail ilahu 1. Waia[ee / Kahuku Motorcycle Park 2. Tantalus Arboretum Trail Kauai I. Kuamoo-Nounou Mountain Trail 7, ,~nNFY AC'('RTTFT FR(1M YnN_HTC~FTWAY RECRRATTf1NAT. FTTFT. TTSF. Pursuant to Act 273, Session Laws of Hawaii (SLH) 1993, the current amount of taxes collected under Chapter 243, HRS as of June 30, 1996, is 569,010,328.52. The alternative of 0.3 % of the proceeds under Chapter 243, HRS, deposited into the state highway fund established under Section 248-8, HRS, is 5207,030.98. A study released in January 1995, conducted by the PPB Management and Analytical office of the DOT, indicated that $641,270.00 in fuel taxes were assessed in the State during the previous twelve months were attributable to off-road vehicles for non-highway cecreational fuel use. 3, STAFT7fN[~ The NAH Program Plan delineates 28 statewide positions as necessary in order tD maintain a viable program. In 1996, NAH staffing included 17 positions, utilizing positions 3 created foc the Program and also relying on several existing positions within DOFAW. On Kauai, the program operates at a minimum level without a NAH Specialist. This continues to burden existing Kauai DOFAW staff who attempt to implement the goals and objectives of the NAH Program. NAH professional positions continue to be classified as 'exempt" until the Department of Human Resources Development finalizes the job descriptions. These exempt positions have been occupied 6y personnel for approximately five years and aze still pending classified job descriptions. 4. CT,~TF.WTT)F. TRATT. PRn ['TC All appropriate public trails managed by DOFAW are included as part of the NAH Trail System. In addition, NAH administers trails on other State land and trails on private land through memorandums of agreement. Currently, there is approximately 332 miles of trails and accesses that are included in the NAH Trail and Access System. A primary goal of the Program is to attempt to improve and maintain the conditiotts of these trails and accesses to the standazds and specifications of the NAH Program. The following is a status report for each island on the implementation of trail projects and a description of select trail and access activities that NAH has undertaken due to program directives, or in response to public interest, land development or changes in ownership and access situations. Hawaii • Installed the required signage at the Hawaii Tropical Botanical Garden (HTBG) to enable the opening of the Alakahaki alignment of the Onomea Trails. NAH initiated improvement to the Alakahald and Onomea Stream Trail aligmnents and erected 1,500 chainlink fence with six gates as per the agreement between the State and HTBG. • Cleared Muliwai trail of ail overhanging and leaning btanches, boles and other vegetative debris to enhance public safety. • Hosted an archaeology class of the University of Hawaii at Hilo to conduct mapping of the pond area at Weliweli, North Kona. On 10 Saturdays, NAH provided logistical support -that included-transportation, lunches and sanitary ficilities. NAH coordinated access for this activity with the adjacent landowner. • Assisted the Hamakua hunters and fishermen in gaining selected access through Kamehameha SchoolsBishop Estate property. • Collaborating with the Puna Community Association members to restore and reopen the Puna Old Government Road. A fitle search and land survey have been initiated. • Working with Oceanside 1250 to determine the aligtunent of the Kona Old Government 4 Road. Plan to Protect, E yfau Na Ala HeIe and the Kona Hawaiian ~.vic CIub have expressed interest in being the stewards of the trail upon determining the alignment. • Served Notice To Vacate to occupants of an unauthorized structure at the Kukuiopae section of the South Kona Forest Reserve. A Department of Accounting and General Services survey team performed the survey that ascertained the encroachment • Removed vines and encroaching vegetation along the fence of the Puuhuluhulu trail. • Constructed 25 ahus with the assistance of the Boy Scouts of America along a 3/4 mile section of the Puu Oo Trail. Maui • Coordinated 585 volunteer in performing 2,185 hours of trail improvement work on 37 miles of trails. Volunteers represented such groups as the Maui Mountain Bike CIub, the Sierra Club, the Mauna A[a Hiking CIub, the Hawaiian Equestrian Trails Association, the Boy Scouts of America, and others. • Completed the Mamane Trail in the Kula Forest Reserve and is being monitored to determine potential impact from public use and the spread of exotic plant species. • Installed public parking azea at both ends of the Lahaina Pali Trail, with cooperation from Wailuku Agribusiness, Haleakala Ranch and DOT. Interpretive kiosks constructed of stone were place at both trail head locations. • Acting as lead agency and collaborating through an agreement with Maui Land and Pineapple Company to design and construct a shoreline access walkway and scenic overlook to the highly populaz Mokuleia Bay, which includes the Honolua-Mokuleia Marine Life Conservation District. NAH has obtained 585,000 is State and County funds to implement the project. • Coordinating the planning and the development of the South Maui Heritage Corridor, which includes the transfer of three miles of State awned shoreline to Maui county and the construction of pathways. • Collaborating with the National Fish and Wildlife Service to extend a shoreline pathway from the Kealia Pond National Wildlife refuge to Maalaea Harbor. S7L,000 in County fund aze available to implement this project. • Preservation of the Ala Aupuni (King's Highway) and enhancing shoreline access through involvement with a series of private subdivision developments. Collaborating with the Division of Historic Preservation of DLNR to locate intact sections of the Ala Aupuni and 5 develop methodology to accomodate public use while also protecting a historic linear feature. • Through the Maui Advisory Council, established a commercial guidelines subcommittee to encourage commercial operators to establish standards of conduct, professionalism and responsibility. Also participated with Haleakala National Park staff on the location of a proposed Ctater Rim trail and in supporting the Park's acquisition of State and private lands in Kipahulu that will enhance the preservation of the Ala Aupuni. • Working toward the establishment of the Ukumehame Whale Watch Trail that will accomodate the physicaly challeged by utilizing a half mile of two-lane highway remnant. Mnlnkai • Conducting planning for improvements of the Kalaupapa Lookout Access for the physically challenged. Lanai • Supervised the improvements of the Fisherman's hail. Qahu • Participated with the Luang Hills Country Club (LHCC), Department of Land Utilization - City and County of Honolulu, and representatives of Maunawili Estates Subdivision to establish an official route to Maunawili Falls. NAH advised LHCC to utilize the Sierra Club to construct a portion of the access trail along their property to fulfil along-standing public access requirement. The Trail has been completed and connects to an existing trail on State land. NAH assisted with route selection and design and improved the existing trail on State land to accomodate public use utilizing volunteers from the Sierra Club, Tole Mour, DLNR Youth Conservation Corp and the Boy Scouts of America. • Imposed a moratorium on mountain bike use for the Honolulu Mauka Trail complex (Tantalus) due to damage and concerns for public safety. Also installed information stations that contain trail safety information and trail maps at two confusing trail junctions. • Collaborated with the City and County of Honolulu by providing funding, storage and distribution for a hiking safety brochure that provides information on how to hike safely. The City and County, through the Mayor's Office, printed the brochure. This brochure wac the result of the efforts of the Task Force on Hiking Safety initiated by the Horolulu City Council. NAH assisted in selecting the organizations that participated in the,task 6 force. The brochure provides and may also be used as a template fog .e outer islands as ° well. • Regraded severely eroded trail sections and installed recycled plastic lumber to stabilize the soil and enhance public safety along the Manana Trail with the assistance of two troops from the Boy Scouts of America. • Collaborated with the State Parks Division of DLNR and a private organization that hosts sporting events on the coordination and permitting of a professional World Cup mountain bike race. The coupe utilized an unmanaged trail leading from Waahila State Park through the University of Hawaii property along Waahila Ridge. The private organization has expressed an interest in being the stewazds of the route and to maintain the trail. This area represenu an alternative to the Honolulu Mauka Trail complex for mountain bike riding. • Established a trail stewardship contract with the Youth For Environmental Services to restore the heavily used and eroding Manoa Falls Trail. Activities include installing recycled plastic lumber water diversion bars, reducing the width of the tread way by re- planting with endemic and indigenous plants and delineating the trail by installing gravel. • Assisted the Department of Health in removing approximate I3I gallons of assorted tonic paint waste illegally dumped in the Honolulu Watershed Focest Reserve adjacent to the Makiki Valley Trail. • Started assembling an Internet web site that wilt describe the NAH Frogram, information on hiking safety, trail location, volunteer activity and links to other web sites around the World to hiking and trail. Estimated completion is April of 2997. Kauai • Completed and additional quarter mile of the boazdwalk through the Alakai Swamp, with assistance from volunteers. • Coordinated volunteer organizations in trail stewardship for the maintenance of the Nounou Mt. West and the Moalepe/Kuilau Trails. NAH PRf)(:RAM RL7T.F.S The promulgation of NAH Hiles is important to provide NAFi with regulatory authority over trails included in the System that are not regulated through Chapter 104, Hawaii Administrative Rules, which regulate activities within State forest reserves that are administered by the DOFAW. A preliminary draft of the NAH rules has been extensively revised, aad 7 1 submitted to the Department of the Attorney General and the Division of Conservation and Resource Enforcement of DLNR for review and comment. State•ide public hearings must be conducted before the rules are adopted. ti. TR `TT ANT) A('C'F44 AI~VTSnRY ('(ITTN('TT_4 The 6 island NAH Advisory Councils meet on a regular basis and aze actively involved in trail and access planning and examining related issues pertinent to each island. The Advisory Councils member are comprised of a diverse range of trail and access interest groups such as: hikers, bicyclists, equestrians, hunters, environmental groups, off-road vehicle users, public access advocates, land owners and other interested parties. The members aze volunteers who do not receive compensation for their work. In addition to the regulaz members, there aze ex-0fficios who also attend the meetings. The ex-officios represent other divisions within DLNR, or Federal, State and County agencies. These meetings are open to the public, and are also periodically attended by other interested organizations and private citizens. Agendas and minutes to each advisory council meeting are kept on file with the NAH Program. A statewide advisory council meets at least once a year and is comprised of the chairpersons of the six island advisory councils and a representative from the off-road vehicle user group. The Statewide Advisory Council meets to provide continuity among the Lsland Advisory Councils and to discuss and resolve issues that affect the program statewide. Due to many new, concurrent, and complicated trail and access issues, and the availability of NAH staff, the Statewide Advisory Council has concluded that the viability of implementing the entire range of projecu described in the NAH Program Plan is not currently feasible. The Statewide Advisory . Council will continue to revaluate NAH goals and objectives in order to attenuate the role of the program. 'J, 4FT F('T PnT TC•V TSRTTFR A, "`AT,• RalaNnnchin to ('rrrnway/Rikrwa~ TIPVPinpmPnt ' The Maui Advisory Council has been engaged in planning for and promoting the development of greenways/bikeways which include paved, non-motorized linear corridors that may be designed to accommodate pedestrians, bicycles, roller blades, wheelchairs, etc. A landowner on Maui is planning to develop a public bikeway across private property and was interested in indemnification through Section 198D-7.5, HRS. This proposed route would offer the potential to connect to other proposed paved linear courses that may be developed is the future over public land. By application, the term bikeway is more accurate than trail to descn'be this linear feature. As the described linear course does not function as a route that the public may use to get to a trail, it was also not considered by NAH as an "access". 8 Further discussion of ~nis topic raised a fundamental policy 4 stion: Do the ` goals and objectives of the NAH Program include the administration of bikeways? While the Section 198D-1, HRS, definition of trail may be construed to include bikeway, these linear courses aze actually described in Section 264-1, HRS: (a) All roads, alleys, streets, ways, lanes, bikeways, and bridges in the State, opened, laid out, or built by the government are declared to be public highways. Public highways are of two types: (1) State highways, which are under the jurisdiction of the department of transportation; and (2) County highways, which aze all other public highways. Furthermore, pursuant to 264-1, bikeways built by private parties and dedicated or surrendered for public use would require a deed of conveyance either naming the State (DOT) or the County as the grantee. This proposed bikeway would provide the opportunity for unrestricted public use. The ability to enter into agreements to provide landowners indemnification, was established primarily for situations where public access to mauka and shoreline trails has been denied as a result of concerns over landowner liability. Due to the potential obligation of State legal and financial resources upon entering into an agreement to indemnify, these agreements are promulgated only when all other methods to restore or insure public access have been explored and rendered unacceptable. The NAH Program supports the development of bikeways and greenways. These non-motorized corridors offer environmentally sound transportation altetratives and paved routes for exercise. The NAH Advisory Councils may provide the venue for the discussion and planning of bikeways, especially where such routes may provide connectiotu to trails or facilitate trail access. However, bikeways and greenways aze currently beyond the scope and legislative intent of Section 198D-7.5, HRS, and the fundamental role of the NAH Trail and Access Program Aictnrir Trail T)PVP mant The Big Island and Maui NAH Programs have been engaged in activities to restore public access and initiate improvements to various historic trails and old government roads. These activities are consistent with the goals and objectives of the NAH Program. Chapter 6E HRS, establishes the State's mandate regarding the protection of historic sites, which are under the jurisdiction of the Division of historic Preservadon. Certain trail projects that involve access and restoration of historic trails has brought forth issues regazding the mandates of preservation while accommodating public access and recreation. There are questions regarding the scope and magnitude of the appurtenant management plans to adequately address the proper stewardship of these historic linear features, and the 9 degree of responsibility regarding both agencies. This activity has generated dialogue between NAH and the Division of Historic Preservation on establishing a methodology to denne the roles of the two programs in collaborating on the development of historic roads and trails. C, ('nmmrrrial TkP - Frntnuriern There is a growing entrepreneurial trend in Hawaii to establish and conduct environmentally and culturally responsible commercial tourism, now commonly referred to as ecotourism. The principle tenant of ecotourism is that a guided consumer experience natural and cultural resources firsthand, through such activities as hiking, camping, kayaking, snorkeling, etc. An underlying theme is that the consumer is educated about the resource they are experiencing. The popularity of this trend has prompted the creation of the Hawaii Ecotourism Association, Several DLNR Divisions manage resources that the Ecotourism Industry is interested in utilizing. As a result, DLNR established the Commercial Use Task Force to develop policies and procedures to regulate this growing activity and to insure the protection of the resources that DLNR is obligated to manage and preserve. The Task Force has developed draft policy and procedures that are pending further modification and final approval. There is a fundamental hierarchy of DLNR objectives relating to the management and utilization of public resources: 1) DLNR has a statutory mandate and its primary objective is for the insured protection and proper stewardship of our natural and cultural resources; 2) Public use of these resources is provided for, but only if the effect of prescribed use does not exceed accepted limits of change to the resource; and 3) Commercial use of public resources will only be considered if the proposed commercial use does not adversely affect these natural or cultural resources, or the current public use. In the interim, there is increasing interest to conduct ecotourism on public land statewide. Kauai, Oahu, Maui, Molokai, and the Big Island are currently experiencing' this form of commercial activity. For the past couple of years, the Oahu Na Ala Hele Program has been approached repeatedly by potential entrepreneurs who desire to conduct guided, commercial hikes on State trails. This has prompted the Oahu NAH Program, through the Advisory Council, to examine the Oahu inventory of public NAH Trails to determine which trails may be suitable for limited commercial hiking ventures. The Maui advisory council is also examining the Maui inventory of public NAH Trails is order to make the same determination. The trait selection is pending review by DOFAW. Properly regulated and monitored ecotourism, conducted on select trails, may have vim~ally no detrimental impact upon the resource or the local community. There is the potential that this activity may possibly enrich the local economy. With the passage of enabling legislation, there is the potential to partially fund the management and l0 maintenance of trails through the collection of user fees from these F .ntial commercial vendors. 8. SUiVIM~.RY While NAH is included under LNR 804 -Forest Recreation in the State Budget, traits represent more than just recreation. r1s evidenced 6y the island activities, there is increasing public demand for multi-recreational use trail experiences. However, trails also provide fire breaks and access routes to suppress wildland fires, and the monitoring of the condition of flora, fauna, and ultimately leading to managing essential watersheds. Trans are used by hunters to gain access to animals that if leR unchecked, have the ability to decimate an ecosystem. Historic trails provide a tangible link to the cultural history of Hawaii. With the increasing demand by the private sector to utilize ; IAH Trails for guided ecotourism activity, there is also the potential that fees generated from commercial use may be a source of funds for trail management and also contribute to the State's economy. Pursuant to the starutory mandates of Chapter 198D, HRS, the NAH Program continues to improve and maintain the quality of existing trails, establish new trails, negotiate access to existing trails that may have been unavailable far public use, engage in access disputes, and determine ownership of trail corridors. In addition, NAA disseminates accurate trail information to other agencies and the general public. NAFi has demonstrated an ability to utilize volunteers to implement the construction, maintenance, and improvements to trails under the jurisdiction of the Frogram. 9. RECOMMENDATIONS NAH will continue to explore innovative strategies to manage, develop and promote trails and accesses. The continued recruitment of individual volunteers or community organisations, is necessary to implement the program, but still not entirely sufficient to accomplish the goals of the program. A permanent professional work force, with the ancillary field positions, is necessary to insure the viability of the program. Recent federal grants have been timely and essential, but ultimately the NAH Program needs a base level of funding that is not subject to federal or state appropriations. The following recommendations should be considered to further the statutory mandates of the Program: I) Approval of legislation proposed by DLNR that would enable NAH to receive funds from commercial use and also a portion of revenues derived from non-highway recreation fuel use on taxes collected under Chapter 243, HRS. Currently, the amount revenue derived from non-highway vehicle fuel use is only reported to NAIi 11 Y s . 3) Completion by the Department of Human Resources Development of the classification of position descriptions for the positions created for NAH. 3) Funding far a Trail and access Specialist position on Kauai. 12 JRN-17-97 FRI 105: OFFICE OF COUNCIL uVCS, FA}{ N0, 80852755A1 P, 02/05 H~w~~ii St~t~e Association of Counties Counties of Kar, ai, Maui and Hawaii. City B.County of Hone lulu r . ~ ~ ~ E' RESOLUTIOt1 SUPPORTING LEGISLATION TO APPROPRIATE GRANTS-IN-AID TO COUN'T'Y POLICE DEPARTMENTS FOR THE EXPANSION OF THE DRUG ABUSE RESISTANCE: EDUCATION (DARE) PROGRAM. WHEREAS, the school-based Drug Resistance Education Program (DARE) wee; established in respense to nationwide concerns about the abuse of substances such as marijuana, alcohol, and tobacco by youths; and ' WHERf:AS, through theF'~,~ARE program, county police departments ha~~e used trained, uniformed pglice officers in school classrooms for drug use prevention programs targeted toward fifth- and sixth-graders in the State of Hawaii; dnd WHEREAS, the October 1994 issue of the National Institute of Justice Update noted that DARE programs have shown to be effective nationally in increasing students' knowledge about substance abuse and in enhancing their social skills; and WHEREAS, additional funding is needed for county police departments tq expand the DARE program to intermediate and high schools ar,d to maintain and enhance police officers' training for the program; and WHEREAS, legislation has been proposed for introduction at the 1997 F.egular Session of the Hawaii State Legislature that wou13 pro4ide State appropriation for expanding the DARE program throughout the State's intermediate and high schools in accordance with a five-year plan; and WHEREAS, the Hawaii State Association of Counties finds that the proposed legislation would be beneficial to the counties by educating youths about substance abuse and thereby, facilitate the. reducr.ion of y criminal activity associated with such abuse ir. the State; now, therefore, ;~,~-1~""-;7 r~?I ;~^~~52 OFFICE CF COUNCIL SUCS, FAX N0, 8085275581 P, 03/05 BE 7:T RE~GLVED by the Hawaii State Association v£ Counties that it Hereby unanimously supports the attached legislation proposed to appropriate grants-in-aid to county police departments for the expansion of the DARE program to include intermediate and high school youths of the State of Hawaii. INTRODUCED BY: RENE MANSHO President DENNIS NAKAMURA First vice President RONALD KOUCHI Second Vice President AL SMITH Secretary/Treasurer -2- JA}d- : ? FR I 10 52 OFFICE OF COUNC I L SUCS, FAX N0. 8085275581 P. 04/05 H. NO. A HILL F'OR AN ACT MAKING AN APPROPRIATION FOR GRAD7TS-IN-AID TO EXPAND THE D.A.R.E PROGRAM. BE IT ENA~~TED 8Y THE LEGISLATt7RE OF THE STATE OF HAWAII: SECTION 1. The legislature supports the county police departments' plans to expand the Drug Abuse Resistance Education (D.A.R.E.) program to intermediate and high schools over a five- year period. The purpose of this Rct is to display tangible evidence of that support- by providing state funding for the expansion in the first two fiscal years of the period. For the following three Fiscal years, the legislature intends to provide additicnal state funding when permissible under the Constitution of the State o£ Hawaii. SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the .^,um of $1,327,266, or so much thereof as may be necessary for fiscal year 1997-98 and the .sum of $1,48,384, or so much thereof as may be necessary for the Ll:,Cal year 199II-99, to provide grants-in-aid to the county police de:parttnents for expansion of the D.A.R.E. program to intermediate and high schocls in their respective counties. The i3Uti/COUNCIL DARE.B97 ! ; u R I 10 ~ 5:; OFFICE OF COUNCIL SVCS. FAX N0. 808575581 P, 05/05 . ~ su;:s appropriated shall be granted to the county police departments according to the following distribution: Grant-Zn-Aid Amounts County 1?o~e Department FY 1997-98 FY 1998-99 Honolulu Police Department $ 78,730 $492,457 Hawaii Police Department $495,167 $455,876 Maui Police Department $623,929 $442,858 Kauai Police Department $129,440 $ 98,193 The sums appropriated shall be expended by the department of budget and finance for the purposes of this Act. SECTION 3. This Act shall take effect on July 1, 1997. ZNTRODBCED BY: _2_ /-6 - 1998.97 Fiscal Ysar 1997.98 1998-99 1999.00 2000-01 2001.02 4 No.FTE 5' 5 8' 8 8 16 0 , 0 0 0 Solaria 219,338 224,820 287,084 273,782 280,807 70,000 Benefits 120,811 123,831 147,110 150,189 154,559 E¦penees DAflE Day 3,500 3,805 3,714 3,825 3,940 9 , 500 Summu Camp 11,450 11,794 12,148 12,513 12,889 NOOA 1,240 1,280 1,280 1,300 1,320 5,000 NDOA 4,180 4,210 4,260 4,310 4,380 DOT 0 0 0 0 0 MOT 1,720 0 1,720 0 1,720 Junior Niph 0 0 0 0 0 Senior NiOh 0 0 0 0 0 DPP 0 0 0 0 0 2 2 , 5 0 0 Car Allowance 27,000 27,000 32,400 32,400 32,400 4 , 0 0 0 Car Insurance 5,000 5,150 6,368 6,558 6,758 Maintenance 0 0 0 0 0 Fuel 0 0 0 0 0 Equipment Vehicles 54,500 22,500 24,000 25,500 28,000 Computers 0 0 0 0 0 Audioryisusl 12,200 3,750 3,550 7,400 4,500 Office 0 0 0 0 0 Telephones 0 0 0 0 0 Supplies Werkhooks 11,200 11,536 11,883 12,240 12,608 15,000 Merchandise 16,000 16,420 16,853 17,299 17,758 Mascot 2,000 0 0 0 0 Classroom 2.450 0 1,200 0 0 Educational 2,600 0 2,758 0 2,922 286,000 Total 495,167 455,876 536,324 547,998 564,339 Number of participating public and private schools in Hawaii District. SCHOOL YEAR 1997.98 1998-99 1999-00 2000-01 2001-02 Elementary 35 36 36 36 36 Core 34 35 35 35 35 Junior High 17 17 17 17 17 Senior High 12 13 13 13 14 • 6 week elementary curriculum for Grade 3. • 17 week core curriculum for Grade 5. • 10 day junior high curriculum for Grade 8. • 11 day senior high curriculum for Grade 10. • 6 National D.A.R. E. Parent Program sessions. 9,600 students projected enrollment in Grades 3, 5, 8 and 10 for SY 1997-98. 1 HAWAII POLICE DEPARTMENT A.R.E. BEYOND THE CLASSROOM D.A.R.E. ll A number of extracurricular activities are held in conjunction with DA.R.E. during the school year and Eour police officerslinstroctors of the Hawaii Police summer recess. Department are currently assigned to present the various D.A.R.E. curricula in Hawaii District public REGIONAL D.A.R.E. DAY CELEBRATIONS and private schools for SY 1996-97 in the County of Hawaii. Due to the geographical size of the Big Island, Thirty-five elementary sdaols are participating in the regional DA.R.E. Day celebrations are held annually D.A.R.E. program. All fifth grade classes with over in East and West Hawaii to recognize the 2,200 students will receive the 17 week core Participants' completion of the program. curriculum. Over 600 students in eleven elementary schools or 31 q° of the the third graders on the Big The dayaong culmination event features motivational Island will receive the six week third grade speakers, field events, provides career information com onent. and entertainment Students actively participate in P the production of this event. Over 1,150 eighth graders from ten junior high schools will participate in DA.R.E. this school year. PRIME TIME KIDS TELEVISION SHOW The ten intermediateschools represent 59% of the middle schools in the Hawaii District. This monthly half-hour program is in its second Due to limited resources, primarily instructors, no season of being broadcasted on community access senior high schools will receive OA.R.E. this school television. The television show is produced and year. directed with the assistance of junior and senior high school students. Expansion of D.A.R.E. on the Big Island can be achieved through the addition of five officers. Upon The Primary focus of Prime Time Kids is to highlight completan of DA.R.E. Officer Training (D.O.T.) and the achievements of our young people. Too often, cerl'rfication to present the tower elementary and society concentrates on the negative aspects of our core curriculums, the existing officers will be children. Prime Time Kids builds selfcsteem, available to offer the junior and senior high encourages viewers to live drug-free and productive components to eighth and tenth graders. lives, foster values and provides techniques on how to avoid violence. Over 9,600 students or 1009'0 of the Hawaii District elementary, junior and senior high schools will The program offers information and strategies for receive D.A.R.E. in grades 3, 5, 8 and 10 with the Parents to improve their parenting skills and addition of these personnel. broadens their awareness on drug abuse, violence and other social issues that affect today's society. The Hawaii Police Department anticipates over 75 The show furtfier provides an avenue to promote parents attending the six•week National D.A.R.E. traffic safety. Parent Program sessions prior to end of the school year. D.A.R.E. ON THE AIR RADIO SHOW Live weekly one~hour radio broadcast w/ same focus M1 ~ as Prime Timc Kids and reinforces classroom lessons The D.A.R.E. Senior Bowl in 1993 featured through contests and prizes. The radio show hosted prep football stars from the Big Island Interscholastic by "Hawaii's Only Rock n' Roll Cop" is now in its federation. The inaugural postseason classic was fourth year, won by the East 21.12 over the West. D.A.R.E. GENERAL STORE fOR KIDS D.A.R.E. has answered a multitude of requests to provide educational exhibits at school and community events islandwide. It is a rare weekend when D.A.R.E. is not represented somewhere in the The DA.R.E. General Store Eor Kids was designed as County of Hawaii. D.A.R.E. officers have served as a student incentives program to reward participants conference facilitators and keynote speakers at in the D.A.R.E. program. Students earn D.A.R.E. various events. Tokens through classroom participation and completion of homework. NATIONAL D.A.R.E. PARENT PROGRAM The DA.R.E. Tokens are subsequently redeemed for D.A.R.E. merchandise. The D.A.R.E. General Store This six-week component targets parents and focuses For Kids travels to schools to enable students to shop. on enhancing their parenting skills and broadening Students have the option of visiting the police their awareness of the social ills that plague today's departrnent's outlet, or order through their D.A.R.E. society and affects everyone. officer/instructor. Sessions cover various topics including effective Initial plans are underway to develop a D.A.R.E, communication, recognizing that your child may be General Store For Kids outlet in a local shopping mall experiencing stress or peer pressure, media with senior citizen volunteers assistance. influences on children and gang violence. The curriculum identifies strategies and risk factors. D.A.R.E. SUMMER LEADERSHIP CAMP PARTICIPATING SCHOOLS Over 300 elementary, junar and senior high students have participated in the Team D.A.R.E. Summer LOWER ELEMENTARY CURRICULUM Leadership Camp since 1993. Participants are E. B. De Silva selected by educators to attend the threelfay E Makaala summer activity which includes basic Haaheo cardiopulmonary resuscitkaion traini~, workshops Haili Christian on conFlict resolution, peer mediatan and problem Hawaii Preparatory Academy solving. Hilo Union Holualoa Production of anti-drug and violence videos, Honaunau overview of drug-testing and recreational activkies Hookena and awards presentation augment the camp program. Honaunau Honokaa Campers are subsequently invited to participate in Hookena the core curriculum's role model lesson. Hualalai Academy Kahakai Kalanianaole EXTRA-CURRICULAR ACTIVITIES Kapiolani Kaumana Keaau Kealakehe D.A.R.E. has been partners with two Big Island high Keaukaha schools to host two boys preseason basketball Keonepoko tournaments and the premier girls hoops tourney Kohala since 1990. Kohala Mission Academy , Konawaena Kealakehe Kona Christian Academy Keaau Laupahoehoe Kohala Mountain View Konawaena Naalehu Laupahoehoe Paauilo Paauilo Pahala Pahala Pahoa Pahoa Saint Joseph Parker Waiakea Saintloseph Waiakeawaena Waiakea Waimea Waimea CORE CURRICULUM SENIOR HIGH CURRICULUM E. B. De Silva Hawaii Preparatory Academy Haaheo Hilo Haiti Christian Honokaa Hawaii Preparatory Academy Ka'u Hilo Union Kealakehe Holualoa Kohala Honaunau Konawaena Honokaa Laupahoehoe Hookena Pahoa Hualalai Academy Parker Kahakai Saint?oseph Kalanianaole Waiakea Kapiolani Kaumana BUDGET IUSTIFICATION Keaau Kealakehe Keaukaha Keonepoko An increase of five new additional officers/instructors Kohala is being sought by the Hawaii Police Department to Kohala Mission Academy continue and expand the Drug Abuse Resistance Konawaena Education (DA.R.E.) program in Hawaii District Kona Christian Academy public and private schools. Laupahoehoe Mountain View The additional personnel will enable the Hawaii Naalehu Police Department to present D.A.R.E. in all Paauilo elementary, junior and senior high schools in the Pahala County of Hawaii during SY 1997-98. Pahoa Saint Joseph The increase will bring the total number of Waiakea officers/instnxYOrs to nine through SY 1998-99. One Waikoloa new additional officerlinstructor is being requested Waimea for the SY 1999-00 to accommodate anticipated enrollment increases and the openi~ of new schools. IUNIOR HIGH CURRICULUM The salaries are based on the highest step designated Hawaii Preparatory Academy ~ for PO-9 positions. Benefits are calculated on Hilo 55.08% of an employees' salary. Honaunau Honokaa Hookena Kalanianaole , Van Rental 1400. D.A.R.E. DAY Camps are held w/in a week to qualify (or weekly rate. Based on seven minivans ®$200 per w/ Expenditures for the two regional D.A.R.E. Day required insurance coverage. celebrations held at the conclusion of SY1997-98 in the County of Hawaii are $3,500. Due to extensive Misc. Supplies/Materials 1050. travel time, limited transportation resources, Camp T-shirts, awards, (first culmination programs are staged for students in both day barbeque lunch/beach East and West Hawaii. ice-breaker supplies. Sound System Rental $600. Total $11,450. Approximate cost for two rentals at East and West Hawaii events. HAWAII D.A.R.E. OFFICERS ASSOCIATION Field Events Supplies 400. Funding for two officers/instructors to attend the Entertainment 1000, statewide Hawaii D.A.R.E. Officers Association Fee and necessary air travel annual conference. costs for musicians, skydivers, etc. Conference Registration 200. Refreshments/Lunches 500. $100 registration fee per Meals senior citizens, community officer/instructor attending. group members, middle and senior high students, role models assist Air Transportation 200. w/ production. Interisland roundtrip air travel, $100 per officerrnstructor. Misc. Supplies/Materials 1000. Stage design, decoration Ground Transportation 200. supplies, i.e. paint, lumber, wire $50 per day for the rental mesh, flags, balloons, Ooral leis, of a vehicle based on awards, crowd barriers, helium 4 day conferencehravel. gas for promotional D.A.R.E. Blimp, etc. Per Diem 640. $80 per diem, per day, per Total $3,500. officer/instructor based on 4 day conference/travel. TEAM D.A.R. E. SUMMER LEADERSHIP CAMP Total $1,240. The Team DA.R.E. Summer Leadership Camp invites NATIONAL D.A.R.E. OFFICERS ASSOCIATION elementary, junior and senior high students to attend one of two three-day summer programs. Funding for two officers/instrudors to attend the Expenditures for room and board, supplies to National D.A.R.E. Officers Association conference facilitate camp activities total $11,450. held in various cities across the United States. Room and Board $9000. Conference Registration $300. 40 students, 5 chaperons $150 registration fee per per camp ~ $50 per night, officer/instructor attending. per camper/chaperon. The portable high performance shelters will be used Replacement Background $4,500. for D.A.R.E. exhibits, video production, D.A.R.E Panels for Studio Display General Store For Kids visits to school campuses and summer programs. FY 2001-02 Total $4,500. Video Cameras $4,600. Panasonic Video Camera Model 456U PROGRAM MATERIALS AND SUPPLIES Video Camera Tripods 1,600. w/universal dolly (or studio use. funds to purchase student workbooks for the various curricula and the shipping/handling charges. Video Mixer 1000. Elementary level student workbooks currently cost Panasonic 2 Input Mixer. .58 per publication and junior and senior high student workbooks cost $1.95. Video Teleprompter 2,100. PC compatible for studio use. Core curriculum workbooks are available from D.A.R.E. America and middle and senior high Video Titlemaker 700. workbooks are purchased through the Los Angeles Unified School District. Portable Shelters 2,200. funds for merchandise include classroom incentives FY 1997-98 Total $12,200. and are available from the four vendors authorized to produce and distribute D.A.R.E. products. Included is the replenishing of D.A.R.E. Tokens. Video Camera $2,500. Panasonic Video Camera D.A.R.E. America will recently make available for Model 456U or similar type. purchase a "Darer" lion character mascot costume. "Darer" is the worldwide mascot for D.A.R.E. Studio Lighting Package 1,250. ' Funds for classroom materials which include FY 1998-99 Total $3,750. preprinted instructional charts available from authorized vendors, program videos, officer/instructor manuals, studenUparent Video Teleprompter $2,500. newsletters and miscellaneous materials needed to PC compatible (or studio use. present D.A.R. E. Video Camera Tripod 1,050. funding for the acquisition of educational guides on w/universal dolly for studio use. various topics, i.e. "Basics of Good Parenting", "Drug Education Guide", "Basics of Effective FY 1999-00 Total $3,550. Discipline", "facts on Gangs", "Building Your Child's Self-Esteem", "Talking to Teens About Alcohol and Other Drugs", and "Parents Concerns About Teen Video Mixer $4,000. Problems". Panasonic 4 Input Mixer or similar type. Educational information is distributed through exhbits, National D.A.R.E. Parent Program sessions, Video Monitors 3,400. radio and television promotions, and students' 13" color display monitors. requests for information to help parents abusing drugs. FY 2000-01 Total $7,400. JMtY Os y, AARONS.Y.CHUNG Phone:(SOS)961-8396 Cuuncilmembcr FAX: (808) 969-3291 '97 JflN 29 ~ii1 E~ ~9 °i~~: ~ M ~ •~o=.N ~y CCU~`il' ~-~~P,'~ COUNTY Cr= I-i~~~VAII COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hila, Hawaii 96720 January 27, 1997 Mr. James Y. Arakaki, Chair Hawaii County Council Hilo, Hawaii 96720 RE: Report of HSAC Executive Committee Meeting Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written approval is submitted in regards to Communication No. 124 relating to Report of HSAC Executive Committee Meeting held on January 15, 1997, waiving said referral from the Committee on Finance in order that appropriate action can be taken by the Council. In reviewing the contents of the referral, it is deemed advisable that such waiver be granted. C~ Aaron S.Y, hung, Chair Committee on Financl Approved: , ,Jams Y. Ara aki, Chair Hawaii County Council