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Home My WebLink AboutCOM 0339.002 2000-2002J. CURTIS TYLER, III Vice Chair District h (A'nrih Kona) September 18, 2001 IIAWAVI CE}LINTY COUNCIL TO: Mr. William Takaba Finance Director Mr. Lincoln Ashida Corporation Counsel FROM: Council Member J. Curtis Tyler, III RE: Lava Viewing Program at Kalapana Bus: (808) 327-3666 Fax: (808) 326-5697 ctylcr!Fui nterpac. net IVI ,� ] a 6.:.a.._...�'• qy COUM s The Council is pleased that the administration has initiated a Lava Viewing Program at Kalapana. Such a unique program has tremendous potential to generate tourism and economic benefits. However, as this is a new County program and the County now uses a performance based budget system, it is essential that the Council review the program plan along with its specific purpose, goals and objectives, program measures and budget. Also, as the Council will be reviewing Bill No. 102, regarding the appropriation of $327,600 for the Lava Viewing Program, we feel it is necessary to conduct this review prior to the approval of said measure. Therefore, we are requesting that the aforementioned program information be provided to the Council in addition to, but not limited to, the following: o All State, Federal, and County agreements entered into regarding road ownership and maintenance, jurisdictional concerns, infrastructure, program management, _ and liability o Current organizational chart and staffing contracts ' o A proposed revenue and expenditure plan, in addition to a detailed report of funds already exhausted for this program Kona Council Office: 77-6399 Nnlani Streel •Suite Io'! • K Iillln-Mona • Hawai'i • 96740-9980 o A risk assessment and/or risk avoidance/mitigation plan o All legal opinions and statutory references allowing the County to implement and proceed with this program We look forward to your prompt attention to this matter, and further request that Corporation Counsel staff be present at the Council meeting to be held on Tuesday, September 25, 2001 at the Royal Kona Resort. Should you have any questions or concerns, please feel free to contact Fiscal/Program Review Auditor Liana Cox-Ishizu at 961-8492 or myself. Zl CC: Mayor Harry Kim Members of the Hawaii County Council Harry Kim Mayor September 6, 2001 County of Hawaii Finance Department 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 (808)961-8234 • Fax (808)961-8248 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawai'i 96720 Re: Operating Budget William Takaba Director Nancy E. Crawford Deputy Director Enclosed is a bill for an ordinance amending the Operating Budget by appropriating $327,600 for the Lava Viewing Program at Kalapana. This new program is the result of Mayor Kim and the coordinated efforts of the County, State, and Federal government agencies to create and promote a safer access to the coastal site where the lava is entering the sea. Although we had intended to submit this bill last week, the change in the pattern of the lava flow and the eventual coverage of a small portion of the road resulted in a temporary suspension of the program. With the resumption of the program on Saturday, September 8th, we will begin charging an entrance fee of $5 per car and $20 per commercial carrier. The money collected will be used to maintain the road and trail, provide program interpreters, promote safety, collect fees, provide portable toilets, and preserve the beauty and cleanliness of the area. Due to the urgency of this matter, I would like to request a waiver from the Finance committee and have this bill heard at the Council meeting scheduled for September 25, 2001. If there are any questions, please do not hesitate to call me. William Takaba Director of Finance APPROVED: t Harry Kim Mayor Enc. BiII / o-. COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 102 AN ORDINANCE TO AMEND ORDINANCE NO. 01-55, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF IIAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2002. BE IT ORDAINED BY THE COUNCIL OF TBE COUNTY OF RAWAPI: SECTION 1. Ordinance No. 01-55, as amended, is hereby further amended by appropriating revenues in the following amount(s) to the fund(s) as set forth in Section 2. Account No. Source Fund Amount 3202.23 Lava Viewing Fees Total General $ 327,600 $ 327,600 SECTION 2. The foregoing amount(s) as specified in Section 1 hereof is/are hereby appropriated to the following fund(s) and expenditure account(s) as set forth herein below: Account No. Function and Activity Fund Amount 010-911-5913.12 Lava Viewing Program Total SECTION 3. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date:^ ,,„,,� REFERENCE COMM. X32 General $ 327,600 Introduced By: Council Member, Co of Hawaii $ 327,600 Lava News - Main page Back To: Home Page i Table of Contents i Main Page Lava News I Photo Gallery I Lava Safety 9/6/01 Coa17ty 0rl.47pwii KALAPANA SAFE VIEWING PROGRAM The Kalapana Safe Viewing program to view the Kilauea lava flow is resuming operations effective this Saturday, September 8th_ The Hawaiian Volcano Observatory reports that the lava flow that had crossed the temporary road last week has stopped. Please be aware that continuous adjustment to nature's ways is to be expected. Due to the latest developments, we want to announce the following: Access to the lava viewing area will reopen effective Saturday. The viewing is spectacular. Viewing hours will be expanded effective Saturday. The public will be allowed entry to the viewing area from 10_a.m._..iwith the last vehicle allowed into the area at 8:15 p.m. This will allow officials to ensure that everybody is out of the area by 10 p.m. To enable Hawaii County to continue this viewing program, we will begin charging a nominal entry fee of $5 for personal vehicles and $20 for commercial passenger carriers . These fees are aimed at defraying the costs of the viewing program, which include road maintenance, security and guidefinterpreters. Entry fees will be waived for Kalapana residents and propetty.owners as well_as Native Hawaiians exercising their hunti_rag and fishing riclhts, Visitors should obey all the warning signs and stay within the rope barricades to ensure their safety. The black sand beach and newly formed lava beyond the rope barricades are extremely unstable, and can collapse into the ocean at any time. Visitors must stay well away from the volcanic steam clouds that contain hydrochloric acid and glass particles. Guide/interpreters will be on hand in the viewing area to provide information and assistance. We ask that visitors show the greatest courtesy and respect to the local residents and property owners. Please remember never to go off the road or trail, and please dispose of all trash in the garbage cans provided. Visitors are reminded that_t®ilgt facilities are-nszt_generally available in the viewing. area. 8/20/01 Lava Flow Viewing at Kalapana Page 1 of 3 http://www.co.hawail.hi.us/infonnation/lava—news/lava—news.html 9/18/01 Lava News - Main page Page 2 of 3 The Kalapana Safe Viewing program is the result of a cooperative effort of county, state, federal, private agencies and the local community to develop a safe viewing program for visitors and residents. A temporary 2.6 -mile path to Kilauea's lava flow was carved out of the pahoehoe. The lava -covered road on the remote Kalapana coastline was restored to make it easier and safer for people determined to watch lava that flows from underground tubes into the ocean, sending up spectacular plumes of steam. The road, State Highway 130, once allowed motorists to travel through Kalapana and along the Chain of Craters Road to Hawaii Volcanoes National Park. It was destroyed by lava in the years after Kilauea erupted in 1983. The gravel road at the Kalapana end of the paved portion of Highway 130 will be open every day from 2 to 8:30 p.m. After parking, visitors must hike about 20 minutes to the viewing spot. Previously, lava viewers had to drive down the Chain of Craters Road through Hawaii Volcanoes National Park and then hike six miles to see the lava, an eight-hour round trip. Visitors will be allowed entry to the viewing area every day from 2 p.m., with the last vehicles allowed at 8:30 p.m. This will allow officials to ensure that everybody is out of the area by 10 p.m. Visitors are reminded to obey all the warning signs and stay within the barricades to ensure their safety. The newly formed lava and black sand beach beyond the barricades are extremely unstable, and can collapse into the ocean at any time. Visitors must stay well away from the volcanic steam clouds which contain hydrochloric acid and glass particles. We ask that visitors show the greatest courtesy and respect to the local residents and property owners. Please remember never to go off the road or trail, and please dispose of all trash in the garbage cans provided. Links: Irttp://starbulletin.com./2001.08: 18/news/index.hnnl wivw.hilehawaiitribune.com/daily/2001/Aug-19-Sun-2001 /news/news I.hanl http://www.co.hawaii.hi.us/infonnation/lava—news/lava—news.html 9/18/01 Hawaii Volcanoes National Park - safe lava viewing Page 1 of 5 Read Fhi,� First! EMT rprlq VISITOR INFORMATION DRIVING CRATER RIM DAY HIKING TRAILS CAMPING _HIK-ING. MAUNA LQA PARK MAPS LAVA wATCJH1NQ KILAUEA FESTIVAL TRAVEL LINKS Lava is entering the ocean outside the park's eastern boundary. TEACHER'S INFO To View Lava Outside the Park: ONLINE BOOKS VOLCANO_ LINKS Lava is currently entering the ocean outside the eastern boundary of Hawai'i Volcanoes National Park. A new lava viewing area, established by the County of Hawai'i, provides access NATURAL RESOURCES and is open to the public from 10:00a.m through 8:15 p.m. daily. A fee of $5.00 per private vehicle and $20.00 per commercial vehicle will be charged. RENE GOOSE TURTLES PETRELS How to get there: Take Hwy 11 to Hwy 130 (approx. 6 3/4 mile SE of Hilo - near Keaau). -» — --- •v--- Turn east on Hwy 130 and continue 22 miles to the end of the road (Kalapana). THE ECOSYSTEM RABBIT TALES What to wear: Long pants (falling on lava is like falling on broken glass), hat, sunscreen, FOREST UNDER SIEGE sunglasses, gloves, and boots or sturdy shoes (no slippers or sandals). PIG OUT ECOLOGY GUIDE What to bring: Bottled water (1-2 qts./liters per person), raingear, and a flashlight per person (if you will be on the trail after 6:30 p.m). CULTURAL RESOD --RCE$ FELE USGS Links iewing Lava Safely- otnmon Sense is of Enough! hen Lava Enters e Sea Notes: 1. Lava viewing can be dangerous. Stay in designated areas. Never leave the road or trail. ** Heed all warnings 2. Leave NO trace - pack out all your trash. 3. Show respect for local residents and property owners. Trail to viewing area Visit this county website for more information (pictures and details): Law Flow viewing at- Kalapana (updated: 09/15/2001) nj http://www.nps.gov/havo/lavapage.htm 9/18/01 Hawaii Volcanoes National Park - safe lava viewing To View Lava Inside the Park: OPTION #1 Recommended Page 2 of 5 Chain of Craters Road is a scenic 40 mile roundtrip drive. From its junction with Crater Rim Drive at the summit of Kilauea, the road descends 3,700' to the coast and deadends where a 1995 lava flow crossed the road. View the lava landscape from the end of the road or hike a short trail to an overlook where surface lava flows, steam clouds, or other volcanic activity may be visible in the distance. The 200 yard (185 m) trail begins at the end of Chain of Craters Road, just beyond the safety information station. Marked with reflective cones, the trail is rugged with uneven footing. Hiking boots or covered shoes are recommended as the lava surface resembles broken glass. Flashlights are essential after dark. Always take drinking water with you on any trail in the park. The steam cloud that you see in the distance is a hydrochloric acid plume produced when hot lava enters the ocean. An orange glow from the lava may be reflected in the steam cloud at night. OPTION #2 Not Recommended Beyond the overlook, no trail exists. Although it is not forbidden, park rangers do not recommend that you attempt the long, hot, difficult hike beyond the viewing area and toward the volcanically active area. It is dangerous even if you are prepared and informed! DANGERS INCLUDE: • VOLCANIC FUMES • STEAM AND EXPLOSIONS • METHANE GAS EXPLOSIONS • COASTLINE COI.:L.APSE If you are still considering this hilae, the following information is very important! Depending on lava flow conditions, this hike can be VERY LONG AND STRENUOUS. Currently, lava is entering the ocean about 6 to 7 miles from the of Chain of Craters Road, a 12+ mile round trip hike. Often, lava flows may be crusted over and not visible on the surface. Check with park rangers for updated information. • The area is remote and seldom patrolled. • Always stay 1/4 mile (350 meters) inland from the unstable coastline. Fractured rocks combined with frequent earthquakes and rough seas result in coastline collapse. • Rain on hot lava can produce heavy steam or fog resulting in a "white out" which can completely obscure visibility and disorient you. If rain approaches, wait in a safe area away from cliffs and flows until conditions clear. • Avoid hiking in the middle of the day -- temperatures can exceed 95°F (35°C) and http://www.nps.gov/havo/lavapage.htm 9/18/01 Hawaii Volcanoes National Park - safe lava viewing WHERE LAVA ENTERS THE OCEAN photo courtesy of G:Brad Lewis Lava enters the ocean at 2,100°F (1,140°C). Sea water explodes into steam and boiling water. Molten lava and rocks blast skyward. Blocks the size of microwave ovens are tossed hundreds of yards/meters inland. Ocean waves wash on hot lava and flash to steam. In June 1998, large violent steam explosions began without warning, throwing molten lava in all directions. Falling debris built a 30 foot (10 m) spatter cone at the lava entry within 15 minutes. STAY 1/4 MILE (350 m) INLAND OF THE STEAM CLOUDS! Read what the scientists have to say about volcano steam explosions photo courtesy of G. Brad Lewis COASTLINE COLLAPSE New land, called a bench, is formed where lava enters the ocean. The bench is unstable and can collapse METHANE GAS EXPLOSIONS Underground explosions occur in front of lava flowing over burning vegetation. Plants burn without oxygen as they are covered by lava, creating methane gas. The gas fills underground lava tubes. When the methane ignites, the ground explodes up to 100 yards/meters in front of the advancing lava flow. Rocks and debris blast in all directions. DO NOT APPROACH LAVA FLOWING THROUGH VEGETATION! Page 4 of 5 http://www.nps.gov/havo/lavapage.htm 9/18/01 Hawaii Volcanoes National Park - safe lava viewing into the sea without x F warning. I . Lava enters the ocean and shatters into pieces. 2. Large and small pieces slide down the steep underwater slope. 3. Rubble continues to build to the surface until new land is created. photo courtesy of G. Brad Lewis 4. As the bench grows, the weight Bench collapses are frequent and continuous. In April 1993, of new lava added one person entered a closed bench area and died when the to the surface half -acre he was standing on collapsed. More than twelve becomes enormous. others, who were standing nearby, required medical attention. 5. A huge underwater In December 1996, a huge 27 acre bench collapsed into the avalanche occures sea without warning. In May 1998, one person went beyond and the bench warning signs, entered a closed bench, and disappeared in the drops into the sea. fume cloud. He is still missing and is presumed dead. Violent steam explosions follow. STAY AT LEAST 1/4 MILE (400 METERS) INLAND. DO NOT ENTER THE BENCH AREA! Bench collapse illustrated by the USGS updated: Monday, July 02, 2001 (Norrie) Page 5 of 5 http://www.nps.gov/havo/lavapage.htm 9/18/01 COUNTY 0`.FHAWAII WHER EAS, Chapter 127, Haw i Revised Statutes, as amended, and Chapter 128, Hawaii Revised 3tut:es� :: as amended, provide for the establishment of County organi:!: ions :foz•` disaster relief with a deputy director in charge of each politic:: subdivision; and WHEREAS, the Mayor of the. uhty:'of Hawaii has been appointed as the Deputy Director of Civil Defense 1'c the.:County of Hawaii; and WHEREAS, Chapter 7, Articl. 1 acid >;'2, of the Hawaii County Code establishes a Civil Defense Agenc, within::khe County of Hawaii and prescribes its powers, duties, and responsibaJ,ties; and WHEREAS, on December 9, 1986, ?ugene,'Tiwanak, Acting Mayor for the County of Hawaii, proclaimed that a stat! of .emergency exists for the Puna district affected by the Lava flows of thE? alauea::southeast: rift eruption, County of Hawaii, effective November 23,:191-! and:.: WHEREAS, the December 91 19& roclamation has never been rescinded; and WHEREAS, the volcanic erup : )n: 'which'began on January 3, 1983 has, throughout its various phases,:!ca i ad lava': to. flow toward public and private property; and WHEREAS, the lava flow has aused :and: continues to cause substantial damage to the health, safety, and p. )petty:,6f:this community; and WHEREAS, the flow of lava;P I Ahues:,to:.pose a potential threat to the life, health, safety,,:and property r ':the CdMmunity. NOW, THEREFORE, I, LARRY S.:1' I IMOTO, :;Mayor for the County of Hawaii, do hereby proclaim that a state of iergenGy :continues to exist for the Puna district affected by the lava f.1Ci r of the:::Kilauea southeast rift eruption, County of Hawaii. IN WITNESS WHEREOF, I hare' .h,:!.iunto: ret py hand and caused The Seal of the County of Hawaii to be affixed Done ;the a3''`� day of April, 1990, in Hilo, Hawaii. CIVIL DEFENSE AND EMERGENCY ACT 1.28-13 same or a like purpose, and without prejudice to the expenditure of the other appropriation. The powers granted by this section are in addition to, and not restrictive of, the powers granted by any other section. (f) Any order by the governor made pursuant to this section may be amended or revoked. [L 1951, c 268, pt of §2; RL 1955, §359-11; HRS § t28-1 1: am L 1981, c 82, § 16] §128-12 Local organizations for civil defense. Each political subdivision shall establish local organizations for civil defense in accordance with state civil defense plans and programs. The deputy director for each political subdivision shall have direct responsibility for the organization, administration, and operation of the local organizations for civil defense, subject to the direction and control of the crovernor and director of civil defense, and subject to the assumption of direct operational control by the governor or the director as provided in this chapter. Each local organization for civil defense shall perform civil defense functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to this chapter. [L 1951, c 268, pt of §2; RL 1955, §359-12; HRS §128-12] §128-13 Power and authority of local organizations. Each political subdi- vision shall have the power and authority: t' (1) Deputy director's staff. To provide, for the deputy director of such y -` political subdivision, an assistant or assistants whose appointment shall n{ be approved by the director of civil defense, and such technical, clerical, stenographic, and other personnel, office space, furniture, equipment, supplies, and funds as may be necessary to carry out the purposes of this chapter. Chapter 76 shall apply to the full-time deputy director or the deputy director's first assistant. (2) Appropriations, etc. To make appropriations and authorize expenditures for the purposes of this chapter, including the power to place under the control of the governor, for expenditure as matching funds for federal aid, or for any purpose within the powers of the governor, moneys appropri- ated by it; to make appropriations and authorize expenditures for the purposes of this chapter out of the normal revenues or fund balances or surpluses of the political subdivision, notwithstanding any legal restric- tions upon the purposes for which the funds may be expended, except. that pension and retirement funds, funds set aside for the redemption of bonds or the payment of interest thereon, oust funds, loan funds, and funds received from the federal government or from any person for specific purposes shall not be affected. (3) Procurement, etc. To purchase, make, produce, construct, rent, lease, or procure by condemnation, or otherwise, transport, store, install, maintain, and insure, repair, renovate, restore, replace or reconstruct, and distribute, 4 furnish or otherwise dispose of. with or without charges, materials and :r>' facilities for civil defense: and to procure federal aid therefor whenever feasible. Chapter 103D, sections 103-41 to 103-57, 105-1 to 105-10 and 464-4 shall not apply to any civil defense functions of and to the extent]: $ that the mayor finds that the provisions, in whole or in part, impede or tend to impede the expeditious discharge of the functions, or that compli- ance therewith is impracticable due to existing conditions. t' 77,.' s; • 128-13 PUBLIC SAFETY AND INTERNAL SECURITY (4) Personnel. To provide for the appointment, employment, training, equip- ping, and maintaining, with compensation, or on a volunteer basis without compensation and without regard to chapters 76, 77, 79, and 88 and section 78-1, of such agencies, officers, and other persons as it deems necessary to carry out this chapter; to determine to what extent any law prohibiting the holding of more than one office or employment applies to the agencies, officers, and other persons; and subject to section 128-15, to provide for the interchange of personnel, by detail, transfer or otherwise, between agencies or departments of the political subdivision, or between political subdivisions. (5) Contributions. To receive, expend, or use contributions or grants in money, property, or services, or loans of property, or special contribu- tions or grants in money, property, or services, or loans of property, for special purposes provided for by this chapter. (6) Charges. To make charges in such cases and in such amounts as it deems advisable, for any property sold, work performed, services rendered, or accommodations or facilities furnished by the political subdivision under this chapter. (7) Contracts. To make or authorize such contracts as may be necessary to carry out this chapter. (8) Mutual aid plans. To participate in and carry out mutual aid plans and agreements or compacts, sponsored or developed by the state civil defense agency. (9) Continuity of government. To insure continuity of government during a civil defense emergency period, the legislative body of a county may by ordinance, unless otherwise provided by law, provide the procedure for the appointment and designation of stand-by officers for the legislative body and the elected chief executive of' the county for the emergency period, who shall serve in the event of the unavailability of the officers for whom they stand by. [L 1951, c 268, pt of §2; RL 1955, §359-13; am L 1960, c 6, §3; am L 1964, c 4, §2; HRS §128-13; gen ch 1985; am L Sp 1993, c 8, § 16] §128-14 Mobile support units. (a) The governor may create and establish mobile support units for the reinforcement of civil defense organizations in stricken areas with due consideration of the plans of the federal government. The governor shall appoint a commander for each unit who shall have primary responsibility for the organization, administration, and operation of the unit. Mobile support units shall be called to duty upon orders of the governor and shall perform their functions in any part of the State. (b) All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of civil defense activities in the area in which they are serving, and, in addition to any other compensation to which they may be entitled, shall be reimbursed for their travel and other reasonable and necessary expenses. [L 1951, c 268, pt of §2; RL 1955, §359-14; HRS §128-14; gen ch 1985] §128-15 Status of regular government employees. 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C 3 Z� Lcl;C)cd �o try W O C> a1 69 `4 O U U O A 3 b c °3 o ti bA ,j5 cn CL � '2E 33 Ua�U fl�ccd ° L L C N N O 4J i IL > o. 2 bn 3 U E 3 [+-I � 9�2_dc► 1 � 1 More than just `another perk' Tom Kane's letter entitled "Another perk?" (HT -H, 09/11/01) exemplifies the lack of cultural understanding that sadly has become increasing- ly pervasive in modern Hawaii. The right of access of the kanaka maoli to Kalapana as well as other areas in Hawaii is vital to cultural preserva- tion. These areas have been used for traditional gathering purposes for centuries, gathering pur- poses including hunting, fishing, gathering of marine products and plants for food, medicinal, ornamental as well as religious and ceremonial use. Gathering rights as well as the right of access for religious ceremony are protected by the state constitution, the free exercise clause of the First Amendment of the U.S. Constitution and the American Indian Religious Freedom Act. Why should the kanaka maoli, exercising their constitutionally protected rights, have to pay a $5 fee to gain access to an area that has been used for centuries? Is someone's viewing pleasure of the lava considered as sacred or culturally impor- tant as maintaining kanaka maoli rights and lifestyle? Is choosing a right that helps define you as a person or as part of a culture considered just another perk? Does exercising age old traditional practices imply preferential treatment? If the answer is yes, we might as well kiss all of our cultures and traditions goodbye. E Harry Kim, mahalo. Matt Fallau Hilo Hawaii Tribune -Herald, Sunday, September 23, 2001-7 `day -goer -view' lava access road rankles I am writing to express my total and complete disapproval of the new "pay-per-view" pol- icy regarding our volcano. We already pay taxes to maintain county roads, and are entitled to travel on thein_ without pay- ing a -toll. 1, and many others, have continued to pay taxes owbur Kalapana lana that has been` covered with lava for a number of years, The county has. had no problem accepting our . money, although we got absolutely nothing in return for those, taxes; we have paid sev- erlal .times over for the gravel road they ,just installed. The policy also states that "property owners, residents of Kalapana, and native Hawai- V ians" are allowed in for free. Why residents of Kalapana and not Kehena, Pahoa or Kona? Who made that decision? Will we soon be paying to travel to Waipio Valley? How about a toll booth on`the Saddle RAdr ' I can agree with charging;,, commercial vehicles, as they R charge to take people out to _: that area, and should pay some of that back to the county. The very idea of charging residents to visit any part of -" their, island is a bad idea, which should be repealed immediately.` One of the pleasures for re�- idents living on a remote islAd is the freedom to explore its remote and beautiful sights for - free. Let's keep it that way. ; Pat Dpvis Kalapana Seayiew