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HomeMy WebLinkAboutCOM 0496.021 2022-2024PCN,SV .bill V COMM. 4Q6 From: Baruj Braja Tarletz de Molina Sent: Monday, October 02, 2023 4:29 PM WCD To: Council Testimony CM C— . -. Subject: Bill 82 Private Roads Bill '+ —� Attachments: Testimony for SB 1298 RELATING TO THE DEPARTMENT OF TRANSPOR'[bTION'a updating 2023 Bill 82.doc; Outline for 03 10 20 use update 2023.doc; Three Minutes March 10 2020 edit corto use update 2023.doc w Jenn Kagiwada, Chair, and the other Members of the Policy Committee on Health, Safety, and Well- Being - My name is Braja RuthAnne Tarletz and I present this testimony in SUPPORT of Bill 82 representing myself, Puua Community and Road Association, and Kehilat Olam Ejad Ganim / Congregation Gaia Yoga Gardens / aka GaiaYoga Gardens. I have attached three documents that represent my research and testimony/regarding the public use of private roads and necessity for them to be maintained as otherwise many areas in Hawaii County are land -locked and /or lava -locked. Following my testimony in these documents is a timeline that is background to the reason I believe that Cinder Road, Railroad Avenue, and PuVa Road should be maintained by the County to improve, grade, repair or perform other construction work upon said private, nondedicated and non -surrendered roads. The intent behind the measure is to serve public need of ensuring private roads open to the public are at a standard necessary for public transportation and/or public safety. Since the 2018 Lava Flow this is the only access we have of egress and ingress as both of our previous routes are under lava and the third possible route has been blocked (previously there was a gate - we have been told it would be an hour before we could be rescued if Railroad Avenue / Cinder Road route was blocked. We would be dead by then! I bless Lono Lyman every day for allowing us to use these roads (Cinder Road and Railroad Ave, which is one of our two easements). For us living in this land/lava-locked area this is only a temporary solution so that we are at least to get out safely in the case of an emergency. What I see as the permanent solution is listed after that in the attchements. I am more than thankful and bless G -d for this first important step in a solution. There are many other areas that have similar issues. Please note- Resolution No 732 - 18, November 20, 2018 (This resolution refers to the opening of Railroad Avenue as an emergency route.) I have the full resolution available if needed. This was never enacted! Shaloha, Braja RuthAnne Tarletz I apologize for the lateness of this testimony. I only found out about this on Friday and all day Saturday and Sunday I was in CERT training. Comm. 11 — .- 1 Rif. To: WX Ref. Dat* (�t'T - 3 2023 Connectivity in Lower Puna Vision Statement for Lower Puna Please add categories and subcategories Roadway recovery -Connectivity • Opening up 137 from Kapoho to Pohoiki • Emergency Routes (Braja) Relevant Statutes with links: 2019 Hawaii Revised Statutes TITLE 15. TRANSPORTATION AND UTILITIES 264. Highways 264-1 Public highways and trails. Universal Citation: HI Rev Stat § 264-1 (2019) 2019 Hawaii Revised Statutes TITLE 15. TRANSPORTATION AND UTILITIES 264. Highways 264-1.5 Emergency powers; traffic emergency zones. Universal Citation: HI Rev Stat _§ 264-1.5 (2019) In 2004 HB 2785 was proposed and did NOT pass. It was entitled "Part. GRANT OF EASEMENT OF NECESSITY FOR LANDLOCKED PROPERTY "Landlocked parcel" means a separate parcel of real property that has no legal access for ingress, egress, or utilities purposes to a public highway, as described in section 264-1. https://www.capitol.hawaii.gov/session2004/bills/HB2785 .htm If this bill had passed many of the current issues would be moot, because the situation of "Landlocked parcels" would have been addressed by statute. There is, also, litigative precedence. However, that is long and costly. In 2014 in response to that lava flow the following happened (this is just one of many reports about it): https//www.staradvertiser_com/2014/12/21 /hawaiiinews/new-road-opened-ahead-of-lava-flow/ VIDEO: Railroad Avenue Drive -Through by Big Island Video News on Dec 21, 2014 at 8:31 am A real-time drive on the Railroad Avenue, filmed with a GoPro camera, mixed with full remarks by county officials at the blessing ceremony. (ABOVE VIDEO) Drive-through on Railroad Avenue taken on Saturday (Dec. 20) at noon. Video by David Corrigan, includes inset video from the blessing ceremony held at 10 a.m. and a route map posted on the Hawaii County Department of Public Works website. Railroad Avenue is in place and ready to be used. Chain of Craters (road) was also worked on during the 2014 lava flow. That is another emergency route that could be completed. Obviously, the 137, itself, is another emergency route. It should be fully opened (and connected). In 2014 Railroad Avenue - made usable, never used Government Beach Road Chain of Craters — started liW4i1R] Government Beach Road Resolution No 732 — 18, November 20, 2018 RESOLUTION NO. 732-18 A RESOLUTION URGING THE COUNTY OF HAWAII TQ MAKE RECOVERING THOSE SECTIONS OF COUNTY HIGHWAY 132 THAT WERE INUNDATED WITH LAVA FROM THE MAY 3, 2018 VOLCANIC ERUPTION A TOP PRIORITY IN PUNA' S RECOVERY EFFORTS, AND COMMENCE PLANNING THE FUNDING AND ROUTING OF A REPLACEMENT ROAD AND IMMEDIATE IMPLEMENTATION OF ALTERNATIVE ROUTES TO ACCOMMODATE RESIDENTS OF AFFECTED COMMUNITIES. As a CERT member I personally feel the need for an emergency plan that permanently addresses this issue. Permanent Solution Use Eminent Domain for Railroad Avenue, Cinder Road, Kehau Road, and any other private road(s) that can be used as emergency routes. Railroad Avenue exists as an emergency route (circa 2014 lava flow). It is 2/3 State of Hawaii lands and 1/3 private land (Kamehameha Schools / Bishop Estates Trust). Cinder Road is a private road. We thank Lono Lyman of Kapoho Land and Development for allowing the continuing use of Cinder Road after the Emergency Proclamations ended. Bishop Estate Trust can NOT give an easement in perpetuity per their trust documents. In the case of an emergency it would be prudent to have Cinder Road, Railroad Avenue, and Kehau Road available to the public. It would be prudent to complete Chain of Craters. There are other roads that should be included in this permanent solution. I would appreciate input from others who know what roads (both private and public - especially those that need to be recovered from lava) should be included • Lower Leilani (to Pohoiki) • Lighthouse Road (This requires working with the Native Hawaiians to be sensitive to the cultural issues. Note: The "public" has already created a path to the new beach.) • Restoration of Upper Hinalo • Cinder Road --access to Railroad (Braja) See Emergency Routes above HISTORY 2008 to 2011 Final Puna Community Development Plan Contains the Final Puna CDP as adopted in September, 2008 and as amended in November 2010. Also, included in this folder are the Appendix Community Documents (Small Group Results & Working Group Reports), Appendix Technical Documents and Appendix PB Americas Documents. Puna Commutmity Development Plan - September 2008 (As Amended November 2010, June 2011 & December 2011) This is a printable version of the Puna CDP adotpted by Orindance 08-166 and amended by Ordinances 10-104, 11-51, 11-52, 11-53, 11-117 and 11-118. https://www.hawaiicountycdp.info/ puna-cdp/draft-plan-recommendations 2013 until 2016 Connectivity and Emergency Response Subcommittee (CERSC) This folder contains information pertinent to the CERS. This subcommittee is not currently meeting. (It stopped meeting in 2016.) The Mayor's Puna Roads Committee is currently investigating the feasibility of implementing the work of the Connectivity and Emergency Response Subcommittee. https://www.hawaiicountycdp. info/puna-cdplinipleu►entation/sub-convii itties/connectivity-and-emergency-response-subcoinmittee-cersc Currently the Puna Roads Connectivity group under the direction of Roy Takemoto is meeting. The next meeting is March 19, 2020 at 1:30pm. The focus of the group is Upper Puna. There is nothing planned for Lower Puna. Patti Pinto is still in the group. Connectivity and Emergency Response Subcommittee Contact Information Chairperson: Marlene Hapai mhapaiC)aol.com AC Member: Patti Pinto pintonianfthotmail.com https://www.hawaiicountvcdp.info/puna-cdp/implementatioii'sub-conummitties connectivity-and-einergency-response-subcommittee- cersc/copy of 2016/cersc-contact-infonnatiott/cotmectivity-and-ewers,eimcy-response-subconmmittee-contact-nmfommation http://records.co.hawa ii. ii.usiWebLink/PDF/zottcuxr4aOxvsgmawwrh-3xy/ 10/2016- 2 5°,i, 2 tlReport%20oN/o20the%2OAd%20Hoc%20Committee°/o20on%20Puna%20Connectivity%209.14.16.pdf 2014 Railroad Avenue - made usable, never used Government Beach Road — made usable Chain of Craters - started 2018 Government Beach Road DPW Meeting on September 21, 2018 — Letter from Allan Simeon to Eileen O'Hara with attachments (regarding what roads are County or County -maintained) Email response from Eileen O'Hara, County District 4 (Attaclunents: Papio Petiton, further Government Beach Road / Papio Street re- alignment information; over -view area map of who owns what roads / easements [ROW — right of way(s)]; detailed Papio Street map) Resolution No 732 —18, November 20, 2018 (Proposed by Eileen O'Hara based on the above information) SOLUTIONS Temporary Solution Give emergency access to Cinder Road / Railroad Avenue from the 137 through to Kahakai Blvd. Give emergency access to Cinder Road / Railroad Avenue from the 137 through to Kehau Road through Nanawale Estates. Provide keys to locks (or combination or alternative method) I, Braja RuthAnne Tarletz, have been a member of CERT since October 20, 2018 and need to provide an emergency plan for Lower Puna. (Hawai`i County CERT The Community Emergency Response Team (CERT) Program provides residents and businesses alike with the basics in how to properly prepare and respond to an emergency at home, at work, or in the community. Hawaii Island has 11 of the 13 climate zones of the world and Hawaii County leads all 3,140 U.S. counties in multi hazards potential. Residents and businesses should be prepared, CERT addresses those needs. Contact Us: Bill Hanson 808-935-0031 httns://www.liawaiicounty. ov/departments/civil-defeuse/liawai-i-county-cert) We formed Pu'u'a Community and Road Association to be able to negotiate an emergency plan as we are all independent owners (there is no Neighborhood Association) and ability to be able to buy insurance Ability to be able to use Railroad Avenue to Hawaiian Beaches on an emergency basis, ie automobile accident (once), fire (twice), any other natural disaster It would be helpful for the members of our Association (and those properties on Railroad Avenue between Cinder Road and the Chow Easement) if we could access Railroad Avenue going in the direction towards Hawaiian Beaches. Nothing or very little needs to be done to make Railroad Avenue usable beyond what was done in 2014. The gates just need to be unlockable. Permanent Solution Use Eminent Domain for Railroad Avenue, Cinder Road, and Kehau Road (outside and through Nanawale Estates). The road exists as an emergency route (circa 2014 lava flow). It is 2/3 State of Hawaii lands and 1/3 private land (Kamehameha Schools Bishop Estates Trust). We have no legal right to use Cinder Road. We thank Lono Lyman of Kapoho Land and Development for allowing, us to continue using Cinder Road after the Emergency Proclamations ended. (Maps of Kapoho Land and Development) We have a legal easement in our deeds for Railroad Avenue. (Railroad Easement language in deeds (page 3) Bishop Estate Trust can NOT give an easement in perpetuity. (Elaine and I have talked to them) In the case of an emergency it would be prudent to have Cinder Road and Railroad Avenue available to the public. Tomorrow we could be completely locked in. Lono Lyman could re -gate Cinder Road and the lock is already in place on Railroad Avenue. We cannot exit as we once did on what was called Noni Farms Road (again we used this route by the grace of the people to have the rights to use the various parts) as it is under a minimum of 20' of lava. The only viable solution is to use Eminent Domain on these roads so that we (and those that would be affected in an emergency) have a permanent route, safe route to use. List of those one the Chow Easement on Pu'u'a Road Map of Plats Map of Chow Easement Map of area • Emergency Access and Lower Puna Connectivity • Temporary Solution: • Emergency Access from the 137 through Cinder Road to Railroad Avenue to Kahakai Boulevard; • Emergency Access from the 137 through Cinder Road to Railroad Avenue to Kehau Road through Nanawale Estates. • Permanent Solution: • Use Eminent Domain for Cinder Road, Railroad Boulevard, and Kehau Road; • Complete Chain of Craters Road. Sylvia Luke, Chair, and the other Members of the Finance Committee: My name is Braja RuthAnne Tarletz and I present this testimony representing myself, Puua Community and Road Association and Kehilat Olam Ejad Ganim / Congregation Gaia Yoga Gardens / aka GaiaYoga Gardens. The following my testimony is a timeline that is background to the reason I believe that Cinder Road and Railroad Avenue should be the Alternate Route for Puma. I think it is important to understand what has recently gone on in Puna regarding this matter. I first presented a temporary solution so that until the permanent solution could be done, we at least were not "lava -locked" and could get out safely in the case of an emergency. The permanent solution is after that. Please note: Resolution No 732 — 18, November 20, 2018 (This resolution refers to the opening of Railroad Avenue as an emergency route.) I have the full resolution available if needed. Temporary Solution CERT member — need an emergency plan Hawaii County CERT The Community Emergency Response Team (CERT) Program provides residents and businesses alike with the basics in how to properly prepare and respond to an emergency at home, at work, or in the community. Hawaii Island has 11 of the 13 climate zones of the world and Hawaii County leads all 3,140 U.S. counties in multi hazards potential. Residents and businesses should be prepared, CERT addresses those needs. Contact Us: Bill Hanson 808-935-0031 Training through the CERT Program provides a learning platform in: • basic disaster response • fire safety • light rescue • team and responder coordination • basic medical care Using the skills and knowledge learned in the classroom and reinforcing those modules with practical application through role playing and exercises, the CERT Program provides fundamental skills and understanding to make meaningful decisions in responding to incidents in your community, your workplace, or at home. CERT encourages community participation and provides support to emergency response organizations when the need arises. CERT training is a 27 -hour certification course. Class attendance requires personal commitment as the course takes 4 consecutive Saturdays to complete. Thank you for your kind interest in the Hawaii County CERT Program. https://www.hawaiicoun ov/departments/civil-defense/hawai-i-cotuity-cert I, Braia RuthAnne Tarletz, have been a member of CERT since October 20, 2018. Formed PuVa Community and Road Association to be able to negotiate an emergency plan as we are all independent owners (there is no Neighborhood Association) and ability to be able to buy insurance Ability to be able to use Railroad Avenue to Hawaiian Beaches on an emergency basis, ie automobile accident (twice), fire (thrice), any other natural disaster It would be helpful for the members of our Association (and those properties on Railroad Avenue between Cinder Road and the Chow Easement) if we could access Railroad Avenue going in the direction towards Hawaiian Beaches. Nothing or very little needs to be done to make Railroad Avenue usable beyond what was done in 2014. The gates just need to be unlockable. Keys to locks (or combination or alternative method) — This is no longer viable as someone has put cinder blocks where the gate used to be between the end of our Chow Easement on Railroad Avenue and (opps — the State of Hawaii land.) List of those on the Chow Easement on PuVa Road - available upon request Map of Plats - available upon request Map of Chow Easement - available upon request Map of area - available upon request Permanent Solution Use Eminent Domain for Railroad Avenue and Cinder Road. This testimony is presented from the point of view of those living off the Chow Easement. However, it applies to all those living in Lower Puna. There would be access off the 137, the 132, and the 130. The road exists as an emergency route (circa 2014 lava flow). It is 2/3 State of Hawaii lands and 1/3 private land (Kamehameha Schools / Bishop Estates Trust) in the following order State of Hawaii — Bishop Estates Trust — State of Hawaii. We have no legal right to use Cinder Road. We thank Lono Lyman of Kapoho Land and Development for allowing us to continue using Cinder Road after the Emergency Proclamations ended. Maps of Kapoho Land and Development - available upon request We have a legal easement in our deeds for Railroad Avenue. Railroad Easement language in deeds (page 3): "Together with an Easement of Way in common with others entitled thereto for ingress and egress to and from the public roads and the land hereby demised over, along, and on the right-of-way formerly used and granted to the Old Hawaii Consolidated Railway, LTD." Bishop Estate Trust can NOT give an easement in perpetuity (Elaine O'Hara and I have talked to them.) Tomorrow we could be completely locked in. Lono Lyman could re -gate Cinder Road and the lock is already in place on Railroad Avenue. We cannot exit as we once did on what was called Noni Farms Road (again we used this route by the grace of the people to have the rights to use the various parts) as it is under a minimum of 20' of lava. The only viable solution is to use Eminent Domain on these roads so that we (and those that would be affected in an emergency) have a permanent route, safe route to use. In the case of an emergency it would be prudent to have Cinder Road and Railroad Avenue available to the public. TIMELINE 2008 to 2011 Final Puna Community Development Plan Contains the Final Puna CDP as adopted in September, 2008 and as amended in November 2010. Also, included in this folder are the Appendix Community Documents (Small Group Results & Working Group Reports), Appendix Technical Documents and Appendix PB Americas Documents. Puna Community Development Plan - September 2008 (As Amended November 2010. hme 2011 & December 2011 This is a printable version of the Puna CDP adotpted by Orindance 08-166 and amended by Ordinances 10-104, 11-51, 11-52, 11-53, 11-117 and 11-118. The above listed ordinances are posted separately in the same folder as this document. Hardcopies are available for viewing at the Hilo and Kona offices of the Planning Department. Hardcopies and CD copies have been provided to public libraries in Hilo, Pahoa, Keaau and Mountain View. Unbound print copies of the Puna CDP can be ordered from the Hilo office of the Planning Department at a cost of $9.90 per copy. CD Copies (including all appendix documents) are available at $5.00 each. To order print or CD copies call the Planning Department at 961-8288 or email at planning@)hawaiicounty.gov. https://www.hawaiicomtycdl). info/ ptuia-cdp/draft-plan-recommendations 2013 until 2016 Connectivity and Emergency Response Subcommittee (CERSC) This folder contains information pertinent to the CERS. This subcommittee is not currently meeting. (It stopped meeting in 2016.) The Mayor's Puna Roads Committee is currently investigating the feasibility of implementing the work of the Connectivity and Emergency Response Subcommittee. https://www.hawaiicootycdp info puna-cdp/implementation/sub-committies/connectivity _and-emergency-response-subcommittee-cersc Currently the Puna Roads Connectivity group under the direction of Roy Takemoto is meeting. The next meeting is March 19, 2020 at 1:30pm. The focus of the group is Upper Puna. There is nothing planned for Lower Puna. Patti Pinto is still in the group. Connectivity and Emergency Response Subcommittee Contact Information Chairperson: Marlene Hapai mhapai a?aol.com AC Member: Patti Pinto pintonianLy hotmail.com htips://wNvw. hawaiicowitycdp. info/puna-cdp/implementation/sub-coinmittics/coimectivity-and-emergency-response-subcoinniittec- cersc/copy of 2016/cersc-contact-infonnation/connectivity-and-emergency-response-subcoininittee-contact-infonnation http:/records.co.hawaii.W.us[WebLink/PDF/zottcuxr4a0xvsgmawwrh3xy/10/2016- 25%20Report%20otl/o20the%20Ad%20Hoc%20Comtnittee4b20on%20Puna%20Connectivity%209.14.16.pdf 2014 Railroad Avenue - made usable, never used Government Beach Road - not done at this time Chain of Craters - started 2018 Government Beach Road - paved Resolution No 732 — 18, November 20, 2018 (This resolution refers to the opening of Railroad Avenue as an emergency route.) I have the full resolution available if needed. 2008 to 2011 Final Puna Community Development Plan Contains the Final Puna CDP as adopted in September, 2008 and as amended in November 2010. Also, included in this folder are the Appendix Community Documents (Small Group Results & Working Group Reports), Appendix Technical Documents and Appendix PB Americas Documents. Puna Community Development Plan - September 2008 (As Amended November 2010, June 2011 & December 2011) This is a printable version of the Puna CDP adotpted by Orindance 08-166 and amended by Ordinances 10-104, 11-51, 11-52, 11-53, 11-117 and 11-118. The above listed ordinances are posted separately in the same folder as this document. Hardcopies are available for viewing at the Hilo and Kona offices of the Planning Department. Hardcopies and CD copies have been provided to public libraries in Hilo, Pahoa, Keaau and Mountain View. Unbound print copies of the Puna CDP can be ordered from the Hilo office of the Planning Department at a cost of $9.90 per copy. CD Copies (including all appendix documents) are available at $5.00 each. To order print or CD copies call the Planning Department at 961-8288 or email at planninged hawaiicounty.gov. liiips://www.hawaiicomtyc dp. info/ptuna-cdp/draft-plan-recommendations 2013 until 2016 Connectivity and Emergency Response Subcommittee (CERSC) This folder contains information pertinent to the CERS. This subcommittee is not currently meeting. (It stopped meeting in 2016.) The Mayor's Puna Roads Committee is currently investigating the feasibility of implementing the work of the Connectivity and Emergency Response Subconunittee. https://wwnw.hawaiicountycdp. info/puna-cdp/implementation/sub-committies/connectivity-and-emergency-response-subcommittee-cersc Currently the Puna Roads Connectivity group under the direction of Roy Takemoto is meeting. The next meeting is March 19, 2020 at 1:30pm. The focus of the group is Upper Puna. There is nothing planned for Lower Puna. Patti Pinto is still in the group. Connectivity and Emergency Response Subcommittee Contact Information Chairperson: Marlene Hapai mhapai&aol.com AC Member: Patti Pinto pintonia&hotmail.com https://www bawaiicoimgcdp info/puna-cdp/implementation/sub-committies/connectivity-and-emergency-response-subcomniittee- cerse/copv of 2016/cersc-contact-infonnationlconnectivity-and-ennergency-response-subcoimmittee-contact-information http://records.co.hawaii.hi.tis/W ebLink/PDF/zottctw4a0xvsgmawwrli3xy/ 10/2016- 25%20Report%20otl/o20the%20Ad%20Hoc%20Committee%20on%20Puna%20Connectivity%209.14.16.pdf 2014 Railroad Avenue - trade usable, never used Government Beach Road Chain of Craters - started 2018 Government Beach Road - paved Resolution No 732 — 18, November 20, 2018 Temporary Solution CERT member — need an emergency plan Hawaii County CERT The Community Emergency Response Team (CERT) Program provides residents and businesses alike with the basics in how to properly prepare and respond to an emergency at home, at work, or in the community. Hawaii Island has 11 of the 13 climate zones of the world and Hawaii County leads all 3,140 U.S. counties in multi hazards potential. Residents and businesses should be prepared, CERT addresses those needs. Contact Us: Bill Hanson 808-935-0031 Training through the CERT Program provides a learning platform in: • basic disaster response • fire safety • light rescue • team and responder coordination • basic medical care Using the skills and knowledge learned in the classroom and reinforcing those modules with practical application through role playing and exercises, the CERT Program provides fundamental skills and understanding to make meaningful decisions in responding to incidents in your community, your workplace, or at home. CERT encourages community participation and provides support to emergency response organizations when the need arises. CERT training is a 27 -hour certification course. Class attendance requires personal commitment as the course takes 4 consecutive Saturdays to complete. Thank you for your kind interest in the Hawaii County CERT Program. httys://www.hawaiicoiultgov/departments/civil-defense/hawai-i-county-cert I, Braja RuthArme Tarletz, have been a member of CERT since October 20, 2018. Formed Pu'u'a Community and Road Association to be able to negotiate an emergency plan as we are all independent owners (there is no Neighborhood Association) and ability to be able to buy insurance Ability to be able to use Railroad Avenue to Hawaiian Beaches on an emergency basis, ie automobile accident (once), fire (twice), any other natural disaster It would be helpful for the members of our Association (and those properties on Railroad Avenue between Cinder Road and the Chow Easement) if we could access Railroad Avenue going in the direction towards Hawaiian Beaches. Nothing or very little needs to be done to make Railroad Avenue usable beyond what was done in 2014. The gates just need to be utilockable. Keys to locks (or combination or alterative method) — This is no longer viable as someone has put cinder blocks where the gate used to be between the end of our Chow Easement on Railroad Avenue and List of those on the Chow Easement on Pu'u'a Road Map of Plats Map of Chow Easement Map of area Permanent Solution Use Eminent Domain for Railroad Avenue and Cinder Road The road exists as an emergency route (circa 2014 lava flow). It is 2/3 State of Hawaii lands and 1/3 private land (Kamehameha Schools / Bishop Estates Trust) in the following order State of Hawaii — Bishop Estates Trust — State of Hawaii. We have no legal right to use Cinder Road. We thank Lono Lyman of Kapoho Land and Development for allowing us to continue using Cinder Road after the Emergency Proclamations ended. Maps of Kapoho Land and Development We have a legal easement in our deeds for Railroad Avenue. Railroad Easement language in deeds (page 3): "Together with an Easement of Way in common with others entitled thereto for ingress and egress to and from the public roads and the land hereby deon the right-of-way formerly used and granted to the Old Hawaii Consolidated Railway, LTD." Bishop Estate Trust can NOT give an easement in perpetuity (Elaine O'Hara and I have talked to them.) Tomorrow we could be completely locked in. Lono Lyman could re -gate Cinder Road and the lock is already in place on Railroad Avenue. We cannot exit as we once did on what was called Noni Farms Road (again we used this route by the grace of the people to have the rights to use the various parts) as it is under a minimum of 20' of lava. The only viable solution is to use Eminent Domain on these roads so that we (and those that would be affected in an emergency) have a permanent route, safe route to use. HAWAII EMERGENCY MANAGEMENT AGENCY The Hawai'i Emergency Management Agency (HI-EMA) is the emergency management agency for the State of Hawaii. In its headquarters in Diamond Head Crater, Hawaii EMA serves as the coordinating agency between the four county emergency management agencies (Hawai`i County Civil Defense, Maui County Emergency Management Agency (MEMA), City and County of Honolulu Department of Emergency Management, and Kauai Emergency Management Agency) and as State Warning Point. In accordance with the National Incident Management System (NIMS), all disaster response starts at the county level. Hawaii EMA responds to county requests for state assistance and supplements county emergency management efforts. When a disaster response effort exceeds the capabilities of a county, Hawaii EMA may recommend a State Emergency Proclamation from the Governor. This proclamation can activate the State Emergency Response Team (SERT), which is made up of state employees, and/or allow the State Department of Defense to place the Hawai'i Army and Air National Guard on State Active Duty. A Governor's emergency proclamation may also suspend certain state laws, enabling a quick and effective emergency response. Emergency response is only one of the functions of Hawaii EMA. The five core capabilities that guide Hawaii EMA are Prevention, Protection, Mitigation, Response, and Recovery. The branches in the Hawaii EMA organization address these capabilities. These branches are Preparedness, Operations, Telecommunications, Logistics, and Finance/Administration. State Warning Point uses the Hawai'i Warning System (HAWAS) to transmit and receive emergency message to and from the Emergency Operations Center (EOC) and warning point for each county. State Wanting Point is also part of the National Waning System (NAWAS), which connects over 22,000 emergency managers and the National Weather Service. h!lps://dod.hawaii.gov/hiema/contact-iis/abotit-us/ Mission and Values Our Mission The mission of Hawaii Emergency Management Agency is to help the Hawaii Ohana prepare for, respond to, and recover from disasters and emergencies. Our Values Hawaii Emergency Management Agency staff are guided by our core values • Malaria — To care for or protect • Po`okela — Commitment to excellence Wiwo`ole — Courage https://dod.hawaii.gov/hiema/contact-us/about-us/mission/ Types of Disaster Click on the titles belotir to learnt more about the different lvpes of disasters. Hurricane Tsunami Flash Flood Earthquake Wildfire PLEASE NOTE THAT VOLCANIC ERUPTION IS NOT INCLUDED IN THE DIFFERENT TYPES OF DISASTERS. https://dod.hawaii. gov/hienia/public-resources/types-of-disaster/ https://dod.liawaii. govihiema/sert-resources/plans-and-l)lamiing-resources/ littps://dod.hawaii.gov/hiema/files/2019/01/SESF-2-ANNEX.FfNAL .01-2019.pdf Hawaii County CERT The Community Emergency Response Team (CERT) Program provides residents and businesses alike with the basics in how to properly prepare and respond to an emergency at home, at work, or in the community. Hawaii Island has 11 of the 13 climate zones of the world and Hawaii County leads all 3,140 U.S. counties in multi hazards potential. Residents and businesses should be prepared, CERT addresses those needs. Contact Us: Bill Hanson 808-935-0031 Training through the CERT Program provides a learning platform in: • basic disaster response • fire safety • light rescue • team and responder coordination • basic medical care Using the skills and knowledge learned in the classroom and reinforcing those modules with practical application through role playing and exercises, the CERT Program provides fundamental skills and understanding to make meaningful decisions in responding to incidents in your community, your workplace, or at home. CERT encourages community participation and provides support to emergency response organizations when the need arises. CERT training is a 27 -hour certification course. Class attendance requires personal commitment as the course takes 4 consecutive Saturdays to complete. Thank you for your kind interest in the Hawaii County CERT Program. htips://www.hawaiicounty. og v/departments/civil-defense/hawai-i-corm -cert I, Braja RuthAnne Tarletz, have been a member of CERT since October 20, 2018. Emergency Preparedness All Hazards Preparedness • Prepare Your Family • Prepare Your Home • Prepare Your Business Printable Action Plans • Family Emergency Plan • Business Emergency Action Plan Hurricane • Guide and General Information • Before/Dunn After • Saffir-Simpson Hurricane Wind Scale • Hawaii Boater's Hurricane and Tsunami Safety Manual Flash Flood • General Information Earthquake • General Information • Did You Feel It? - Report an Earthquake Tsunami • General Information • Tsunami Evacuation Zones and Centers (Hawaii County) - Area Maps • Tsunami Evacuation Zones (Statewide) - Interactive Map View Wildfire • General Information • Hawaii Wildfire Management Organization https://www.hawaiicotmty.gov/departments/c ivil-defense/emergency-preparedness Final Puna Community Development Plan Contains the Final Puna CDP as adopted in September, 2008 and as amended in November 2010. Also, included in this folder are the Appendix Community Documents (Small Group Results & Working Group Reports), Appendix Technical Documents and Appendix PB Americas Documents. APuna Community Development Plan - September 2008 (As Amended November 2010 June 2011 & December 2011) This is a printable version of the Puma CDP adotpted by Orindance 08-166 and amended by Ordinances 10-104, 11-51, 11-52, 11-53, 11-117 and 11-118. The above listed ordinances are posted separately in the same folder as this document. Hardcopies are available for viewing at the Hilo and Kona offices of the Planning Department. Hardcopies and CD copies have been provided to public libraries in Hilo, Pahoa, Keaau and Mountain View. Unbound print copies of the Puna CDP can be ordered from the Hilo office of the Planning Department at a cost of $9.90 per copy. CD Copies (including all appendix documents) are available at $5.00 each. To order print or CD copies call the Planning Department at 961-8288 or email at plannning(q)hawaiicounty.gov. https://www.hawaiicountycdp info/puna-cdp/draft-plan-recommendations https://www.hawaiicountvcdp info/puna-cdp/draft-plan-recommendations/1%20%20Puna%20CDP%20aiueuded%20Nov- 2011.pdf/at download/file Connectivity and Emergency Response Subcommittee (CERSC) This folder contains information pertinent to the CERS. This subcommittee is not currently meeting. (It stopped meeting in 2016.) The Mayor's Puna Roads Committee is currently investigating the feasibility of implementing the work of the Connectivity and Emergency Response Subcommittee. https://www.hawaiicotmtycdp. info/puna-cdpliLnplemetitation/sub-comuii tt iesl'connectiviiy-and-emergency-respptise-subcommittee-cersc Currently the Puna Roads Connectivity group under the direction of Roy Takemoto is meeting. The next meeting is March 19, 2020 at 1:30pm. The focus of the group is Upper Puna. There is nothing planned for Lower Puna. Patti Pinto is still in the group. Connectivity and Emergency Response Subcommittee Contact Information Chairperson: Marlene Hapai mhapai(d)aolxom AC Member: Patti Pinto pintonian(a>hotmail.com https://www.hawaiicotmtycdp info/puma-cdp/implementation/sub-coimnitties/connectivity-and-emergency-response-subcommittee- cersc/copy of 2016/cersc-contact-unfonnation/comnectivity-and-emergency-response-subcommittee-contact-infonnation http://records.co.liawaii.W.us/WebLink/PDF/zottcuxr4a0xvsgmaww,d 3xy/10/2016- 2 5%20Report%20oP/o20the%20Ad%20H oc%20Committee%20on%20Puna%20Comiec tiv ity%209.14.16. pd f Local Emergency Planning Committee The state is divided into four local emergency planning districts. Within each planning district, a Local Emergency Planning Committee (LEPC) exists which includes local government, emergency response officials, environmental and citizens groups, industry, and other interested parties. Each county in the state has an LEPC. LEPCs serve as focal points in communities for information about hazardous substances, emergency planting measures, and health and environmental risks due to hazardous substances. Local LEPCs consist of local representatives familiar with factors that affect public safety, the environment, and the economy of a community. Plans developed by LEPCs must include the identity and location of hazardous materials, procedures for immediate response to chemical accidents, ways to notify the public about actions they must take, names of coordinators at plants, and schedules and plans for testing the plan. In addition to developing response plans, LEPCs also receive emergency release and hazardous chemical inventory information submitted by local facilities, and makes this information available to the public upon request. LEPCs may charge a nominal fee for this informational service. Furthermore, LEPCs have the authority to request information from facilities for their own planning purposes or on behalf of others. LEPCs can visit facilities in a community to leans what is being done to reduce hazards, prepare for accidents, and reduce hazardous inventories and releases. LEPCs can take civil actions against facilities if they fail to provide information required under the Emergency Planting and Community Right -to -Know Act (EPCRA). Hawaii established a State Emergency Response Commission (SERC) to provide hazardous materials planning, funding, training and education, and oversight of Local Emergency Planning Committees. • LEPC Agenda and Minutes Our Role The role of the Hawaii LEPC is to form partnerships with: local governments, communities, academia and industries as a resource for enhancing hazardous materials preparedness. Local governments are responsible for the integration of HAZMAT planning and response within their jurisdiction. This includes ensuring the local hazard analysis adequately addresses hazmat incidents; incorporating planting for hazmat incidents into the local emergency management plan and annexes, assessing capabilities and developing haztnat response capability using local resources, mutual aid and contractors; training responders; and exercising the plan. EPCRA's emergency planning provisions are designed to promote the discovery and mitigation of risks associated with chemical use. To reduce risks, prevention, preparedness, and quick response to chemical emergencies are best. If properly executed, these three measures can make the difference between disaster and slight inconvenience. Prevention involves identifying the causes of, and reducing the potential for, chemical accidents to occur. Proper safety measures, sound management practices, and preventive maintenance all reduce the potential for chemical accidents. No chemical safety management program can be guaranteed 100 percent effective. Preparedness involves anticipating accidents that may occur despite prevention treasures, and developing contingency, or emergency response, plans. Emergency response plans help facilities and local and state governments respond to accidents quickly and efficiently. These plans outline the procedures a facility and the community should follow in responding to a release. When accidents occur, it is imperative that the various players in the response process know their roles and use their resources wisely. The emergency planning process has a greater impact than the plan itself, encouraging awareness, communication, and coordination of efforts. https://www.liawaiicoiigq. gov/departmetits/fire/loca l-etnergency-l)latining-coimnittee http://records.co.hawaii.hi.us/WebL ink/PDF/zottctixr4a0xvs gni awwrh3xy/9/Four%20Step"/`20Disaster'%20P lau. pdf State of Hawaii Hawaii Emergency Manaeement Agency • Home • About Us • Get Ready • Newsroom • Community Programs • SERT Resources • Emergencv Proclamations Home » 2018 Kilauea Eruption, Infonnation and News Releases, News Stories » Hawaii Island eruption leads to evacuation of Leilani Estates Hawaii Island eruption leads to evacuation of Leilani Estates Posted on May 3, 2018 in 2018 Kilauea Eruption, Information and News Releases, News Stories Hawaii Island eruption leads to evacuation of Leilani Estates May 3, 2018 2018-0503A HAWAII ISLAND — Hawaii County Civil Defense has called for an evacuation of all residents of the Leilani Estates subdivision on Hawaii Island as a result of steam and lava emissions in the area of Mohala Street. The intersection of Highway 132 and Pohoiki Road had been closed to allow evacuations to proceed. The Pahoa Regional Community Center near the new Pahoa Regional Park is open as a shelter. Evacuating residents should being emergency evacuation supplies, including food, medicines, and items necessary for personal comfort, if possible. Puna Geothermal Venture has begun executing its emergency plan and is commencing shutdown procedures. Hawaii County Civil Defense, police, fire, and partners continue to assist evacuation efforts and monitor the situation. Addition information will be provided as available. ### Contact: Richard Rapoza, Public Information Officer richard.d.rapozaLa)hawaii. ov 808-392-0780 Arlina Agbayani, Public Relations Officer arlina.a.agbayani a)hawaii.gov 808-620-5423 Hawaii Emergency Management Agency HawaiiEMA(a)hawa ii. eov https:Hdod.hawaii. gov/hiemalhawaii-island-eruption-leads-to-evacuation-of-leilani-estates/ Puna Community Briefed on Evacuations, Communications & Preparedness By Crystal Richard May 31, 2018, 7:36 AM HST (Updated May 31, 2018, 9:46 AM) Emergency officials updated residents on the status of evacuation orders, evacuation routes, conum mications and personal preparedness during the Puna community meeting at the Pahoa High School Cafeteria on May 29, 2018. Mayor Harry Kim began the meeting by asking the community to "pull back on some of their concerns." He announced that those in the restricted evacuation area in Leilani Estates need to heed warnings because they no longer send in first responders to the restricted evacuation zone. Evacuation Status Only residents can use the freshly paved one -lane Government Beach Road. Non-residents of lower Puna are asked to avoid this area as this serves now as the only route for a large community. Civil Defense Administrator Talmadge Magno gave residents an update on routes in and out of lower Puna. • Highway 130 is still open. • USGS is monitoring the cracks on Highway 130. • The area of Kapoho Beach Lots and Vacationland residents to evacuate due to the possibility of having access cut off. Hawaiian Volcano Observatory reported that lava from several fissures continues to move through Leilani Estates, Lanipuna Gardens and toward the Kapoho area. Residents of Kapoho Beach Lots and Vacationland are advised to evacuate due to the possibility of lava cutting off access to Beach Road near Four Comers. Residents are reminded that due to the volcanic activity the following policies are in effect: Beach Road from Four Corners to Hawaiian Beaches is restricted to resident access only, between 7 a.m. to 6 p.m.. to allow continued evacuations. Highway 132 is closed. Leilani Estates residents with approved credentials can enter at 7 a.m. but must leave by 6 p.m. This curfew is strictly enforced for your safety. A mandatory evacuation is in effect past Pomaikai Street. An orange glow fills the night sky from the lava flow in the Lower East Rift Zone of Kilauea Volcano on May 29, 2018, on Luana Street in Leilani Estates on Hawaii Island. PC: Crystal Richard. USGS Lower East Rift Zone Steve Bradley from USGS informed residents that Fissure 8 is feeding the flow crossing over Highway 132 and the Puna Geothermal Venture property. An `a`a flow crossed 132 early afternoon May 29, 2018. Fissure 19, 20 and 18 continue to be active. Fissure 18 is generating a new channelized lava flow moving towards the east. Wendy Stovall of USGS-HVO said it was the rapid advance rate of the lava that caused Hawaii County Civil Defense to decide to evacuate all of Lower Puna to ensure people can get out because they are afraid Beach Road will be cut off by lava. A Fissure 18 flow is heading downslope to the south, which is now tracking the steepest line of decent, which takes it through the warm ponds. Stovall said Fissure 8 is putting out only Pu'u `0`6 magma now. There is no longer a mixture of the old flows coming to the surface. Stovall said the flow front could go through Vacationland, but at this time could not say if it would be the north or south end. A D9, D 10 and a compactor on Highway 130 head out to Chain of Craters Road for construction of an emergency evacuation route in case lava cuts off roadways into lower Puma on May 29, 2018. PC: Crystal Richard. Evacuation Routes The Hawaii Department of Transportation said a D 10 and D9 and a compactor have started work on Chain of Craters Road. The department expects to complete the project in four days. There will be an additional road made available on what DOT referred to as "Sanford's property," where the quarry is located, as well as an alternate route—Alaili Drive. During the news media brief May 30, 2018, Jessica Fenacane, information officer for Hawaii Volcanoes National Park, said the national park and DOT signed an agreement for the use and constriction of an emergency evacuation route via Chain of Craters Road should Highway 130 be cut off by the eruption. Fenacane said they are working on removing a .7 mile wide section of solidified lava from the 2016-17 61g lava flow. Questions in the community arose over a reported "hotspot," but USGS said that it is not a hotspot but the area where a lava tube runs. USGS said that their recommendations were to not cut too deep into the road, as they did back in 2014 when the emergency route was made when lava threatened Pahoa. The gravel route will be only for one direction of traffic, heading out. She addressed concerns over keeping invasive species such as the little red fire ant and coqui frogs out of the national park. Mitigations for nene living in the area are in place. No public or media access will be permitted while the park remains closed. Fissure 8 from Luana Street on May 30, 2018. PC: Crystal Richard Hawaii Electric Light Company Jay Ignacio from HELCO said, "It's been a long weekend for Hawaii Electric Light Company." Lava crossing Highway 132 caused damage to a power line going down to Kapoho. They do not have plans currently to repair it. Although generators are on site, they are not ready to deploy. They don't want to put them in with the likelihood of lava inundating the area later. May 29, HELCO de -energized the Kapoho substation because the lava got too close. Ignacio assured residents there is enough generation to maintain adequate supplies of power after losing the supply from PGV. PGV & Related Hazards Special Task Force Leader Tom Travis informed residents that access to PGV is covered by lava. "When I came here, lava was on the property of PGV," said Travis. PGV lost all the utilities facilities. • Travis outlined the goals of the task force and explained how each goal was met:Remove hazardous material: pentane. • Process clear: use of nitrogen to push out and then suck out the gases. • Capping a well: closing the upper master valves on May 3. • Quench all wells: used cold water to remove the pressure of the well. • Reduce profile on the wells: production wells vs injection wells—production wells were of most concems. • Travis showed residents a list of the PGV wells and the steps completed. All injection wells were plugged. Department of Water Work on the Kapoho well continues. however, it will take two to three more days to install equipment and allow the well to fill. Residents are asked to continue to conserve and use water wisely to keep this source as long as possible. Leilani Avenue near Fissure 8 is covered with lava rocks and Pele's Hair, May 29, 2018, at 6:50 p.m. PC: Crystal Richard Pele's Hair, SO2 and Ash Despite requests for information and concerns expressed by the community, Fenix Grange said that no data was available for the public at this time. DOH is working with Civil Defense to closely monitor the air quality. Grange explained Mayor Kim came up with a color -coding system for the air monitoring. • Blue: stay alert • Orange: shelter and get plans together • Red: ready to go, listen to radio In the last 48 hours, Pele's Hair has been found in Pahoa and in Leilani Estates. Pele's Hair is caused when hot magma is ejected into the air. The fine glass particles cool quickly and fall down wind of splatter cones. Grange said its best to avoid exposure to Pele's Hair. She warned it can cause irritation to skin, eyes and airways. Though the N-95 mask won't protect against SO2, they do protect from particulate in the air, such as Pele's Hair. Communication/Warning Systems Hawaiian Telcom Representative Wally Wong assured attendees that Hawaiian Telcom, AT&T and Verizon were all doing their best to keep communications open for residents and first responders. Wong said the focus is on Highway 130 and 132 fiber feeds that branch off to the subdivisions. "We have a solution to connect radios across the lava, explained Wong. He said they are waiting for the flow front to calm down before they proceed. The lava from Fissure 8 crossed Highway 132 in the early afternoon of May 29, 2018. The lava crossing the highway meant that many in lower Puna were without telephone services. Personal Preparedness • Residents close to any volcanic activity should remain alert and be prepared to voluntarily evacuate if necessary. • Know your evacuation routes and have an emergency plan. • Keep your radio on at all times. • Sign up for Civil Defense Blackboard messaging. Mayor Kim closed the meeting by assuring residents: "I mean it. We will get through this." The next meeting is Tuesday, June 5, 2018, at 5 p.m. at Pahoa High School Cafeteria. The meeting will be shown live on Na Leo Channel 55 and live -streamed online. Crystal Richard Crystal Richard moved to East Hawai'i in 2005 to attend UH Hilo. While earning her bachelor's degree in English and a certificate to teach English as a second language, Crystal served as the editor-in-chief of "Hohonu," UH Hilo's academic. journal, and as assistant editor-in-chief at "KeKalahea," UH Hilo's student newspaper. From a young age, Crystal fell in love with the written word and has always dreamed of a career in journalism. She has worked as a Big Island Now freelance reporter since September 2016. She is a wellness and health advocate who enjoys swimming, gardening, reading and spending time with her animals and loved ones.