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HomeMy WebLinkAboutCOM 0339.003 2000-2002 V~gY '!S s,k Harry Kim : # Dixie Kaetsu Mayor Managing Director T, oi<•ws~s Peter T. Young Deputy Managing Director ~~ur~tp ~~o~i`i 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax(808)326-5663 October 3, 2001 The Honorable James Y. Arakaki, Chair and Members of the Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Subject: Kalapana Lava Viewing Program Dear Chairman Arakaki and Council Members: In response to Council Member Tyler's request, I submit the following information,aboutthe Kalapana Lava Viewing Program. lO~Iissi®n and Goals (Attachment A) The mission of the program is to address the public safety issues arising from lava flowing outside the Hawaii Volcanoes National Park. These issues will be addressed through access control and education. There are three goals for this program: 1. To provide safe access for persons wishing to view lava near its entry into the ocean. 2. To educate the public on safe viewing and Hawaiian culture and traditions. 3. To assure an ongoing program of control, education and maintenance by establishing funding sources for the program. ®bjectives and Pr®gra>ln lOgeasures (Attachment A) The program objectives are: 1. To minimize the occurrence of injuries or illness in the viewing and access areas. 2. To maintain an average attendance of 280 personal vehicles and 20 commercial vehicles per day. 3. To prevent loss of life in the viewing and access area. 4. To keep lava viewers on marked trail to minimize trespass on private property and prevent viewers from getting lost and needing rescue assistance. The program measures are listed on the attachment. (;ot. i~dn~~~ 9' File ~lo• r / D P~ R,ef. To: ~ l ~v u.~t c; f . Cl!~~-1 t5 2n~~ _ , October 3, 2001 The Honorable James Y. Arakaki, Chair, and Members of the Hawaii County Council Page 2 Beadget (Attachment B) The budget as shown is for a six month period of time. As we near the end of six months, we will reevaluate and submit a bill for an additional appropriation if the lava activity is still in an accessible area under the County's jurisdiction. Additionally, attendance is below projections, so the budget will be adjusted as necessary to reflect that. Agreements (Attachments C and D) The only agreement entered into regarding road ownership and maintenance, jurisdictional concerns, infrastructure, program management, or liability is the attached Application & Permit for the Occupancy & Use of State Highway Right-of--Way. Before the area opened for viewing on August 17, this agreement was executed with the State Department of Transportation. The existing emergency road was a state highway, and was improved by Department of Public Works crews. The gravel used was provided at no charge by the State from its quarry in the area. The parking areas were chosen and striped by the State Department of Transportation. As mentioned above, we executed an agreement with the state for the use of the road right-of- way. The path from the end of the road to the viewing area crosses private property that has been covered by lava. According to an opinion from the Corporation Counsel, under the emergency proclamation, prior consent was not necessary to enter the property for this purpose. However, property owners were identified and notified of the County's plans. Organizational Chart and Staff ng Contracts (Attachments E and F) Attached is an organizational chart showing the ideal staffing for the program. The program manager and operations supervisor have not been hired yet. We have applied to the Hawaii Tourism Authority for funding for the program manager and interpreters, and expect to receive word on our request very soon. A sample of the employment contract in use now is attached. The Director of Personnel has advised us that all of these should be civil service positions. We are submitting information on the duties of the various positions to the Department of Civil Service for review so we can establish temporary civil service positions. A resolution to create these positions will be submitted for your consideration after the Civil Service review is complete. October 3, 2001 The Honorable James Y. Arakaki, Chair, and Members of the Hawaii County Council Page 3 Revenue and Expenditure Pian (Attachments B and G) The budget presented above contains details of the proposed revenue and expenditure plan. A report of funds already expended for this program is also attached. Risk Assessgnent and/®r Risk Av®idance/Niitigation Plan (Attachments H, I and J) This program is the result of a careful risk assessment conducted by the Mayor's Office, Civil Defense Agency, Department of Public Works, Police Department, Fire Department, and Corporation Counsel, with the assistance of state and federal agencies. When I first learned that lava was flowing into the ocean at Kalapana outside the Hawaii Volcanoes National Park, I called a meeting of county, state, and federal agencies to discuss the situation. Once the flow left federal land, the County of Hawai` i became responsible for public safety because of the existing county emergency declared in April 1990 for the Puna district affected by lava flows. This emergency declaration, as well as the governor's emergency declaration, remains in effect. The agencies represented at that initial meeting were Hawaii Volcanoes National Park (HVNP), Hawaiian Volcano Observatory (HVO), State Department of Land and Natural Resources, State Department of Transportation, Police Department, Civil Defense Agency, Fire Department, Corporation Counsel, and Mayor's Office. Later meetings also included the University of Hawai` i at Hilo, Department of Public Works, and the Department of Parks and Recreation. I-IVNP rangers reported that even though the flow was outside the park, they would walk over several times a week to monitor, and normally found over 150 persons watching the lava at night. The viewers were walking in from Kalapana, and unknowingly endangering themselves by going out onto the new black sand beach to watch the ocean entry. The beach is actually a lava bench, and very dangerous. Other dangers to viewers were exposure to laze, explosions, lava on dry land, and whiteout. Because of the County's responsibility for public safety, we were in a very risky situation. After discussion on our liability and the best way of fulfilling our responsibility to the public, three alternatives were considered. The first option was to place appropriate signage along the road to protect the County from liability, and to put up a gate across the existing emergency October 3, 2001 The Honorable James Y. Arakaki, Chair, and Members of the Hawaii County Council Page 4 road with residents of the area given keys to the gate. While this option would protect the County from liability, it would not provide adequate protection to the public because people could still access the area by going around the gate and approaching the active flow into the ocean. The second option was to again, place appropriate signage along the road and then do everything possible to seal offthe area for safety. This would include placing a gate, but it would have to be manned 24 hours a day to ensure that no one could access the area. This proposal was also discarded because of the cost and because it would be impossible to entirely prevent unauthorized persons from entering the area because there are other locations they could walk in from. The third option, which was the one selected, was to make some improvements so people could view the lava in a controlled way. It was the consensus of the working group that this would be the best way of limiting the County's liability as well as ensuring the safety of the public through appropriate signage, crowd control, and staffing. Scientists from HVO marked out the walking trail over the lava as well as the viewing area where visitors can safety watch the lava enter the ocean. Public Works employees marked the trail with pylons, and erected barricades around the viewing area as directed by HVO. When the viewing area is open, staff is always on site at the viewing area to make sure viewers do not proceed beyond the barricades onto the bench area. Staff also watches for changes in the wind direction which can signal danger from laze. Related to the topic of risk management, attached for your information is a copy of the Emergency Operating Procedures developed by the Civil Defense Agency for the viewing area. Every precaution is being taken to minimize the risk to the viewing public. Throughout the planning process for this program, the Civil Defense Agency, Mayor's Office, Department of Public Works, and Office of the Corporation Counsel worked together very closely to mitigate risks, protect the public, and limit the County's liability. Legal ®pina®ns/Statut®r°3= References (Attachment D) Attached is a copy of a communication from Corporation Counsel Lincoln Ashida dated August 13, 2001. This memorandum relates to access over private property for the trail to the viewing area. This is the only written opinion received regarding this program. Verbally, the Corporation Counsel affirmed the ability to charge fees pursuant to Hawaii Revised Statutes, §128-13(6). October 3, 2001 The Honorable James Y. Arakaki, Chair, and Members of the Hawaii County Council Page 5 Also relevant is §7-4 of the Hawaii County Code, which requires that County departments, agencies and officers to cooperate with and extend services, materials, and facilities to the Civil Defense Agency as requested by the Deputy Director (the Mayor). ®ther Inf®ranation (Attachment K) Attached for your information is a schedule showing the attendance and revenue since September 8, 2001. As you can see, the terrorist attacks of September 11 have impacted the number of persons viewing the lava. During the two weeks the program operated in August, the daily attendance averaged in excess of 400 vehicles. This is a unique program. I am confident that it can meet its stated objectives and at the same time be an economic stimulus to Hawaii. Thank you for your support, and I and my staff will be pleased to answer any further questions you may have. Aloha, / < Harry Kim MAYOR ~1SSi®~ StatelYlent To address the public safety issues arising from the migration of lava flow eastward, outside the Hawaii Volcanoes National Park, through access control and education. Goals 1. To provide safe access for persons wishing to view lava near its entry into the ocean. 2. To educate the public on safe viewing and Hawaiian culture and traditions. 3. To assure an ongoing program of control, education and maintenance by establishing funding sources for the program. Funding Source and Position Count Genera! Fund S 327,600 General Fund 17 Grant 1$evenue $ 25,272 Grant revenue 1 Total dud et S 352,872 Total 1~Tumber of Positions 1~ Pro~rang Description The programs consists of providing controlled, safe access into an area where lava flow and steam plume may be viewed from a safe area. Information is provided in the form of signs and printed handouts. Personnel are located at the front access gate, the parking area and the viewing area to enforce safety Hales and provide information. A nominal entry fee is charged at the access gate. Pro~ra~ Objectives ' 1. To maintain an average attendance of 280 personal vehicles and 20 commercial vehicles per day. 2. To minimize occurrence of injuries or illness in the viewing and access areas. 3. To prevent loss of life in the viewing and access areas. 4. To keep lava viewers on marked trail to minimize trespass on private property and prevent viewers from getting lost and needing rescue assistance. Pro~ranB Highlights This program is the result of a cooperative effort by the State Department of Land and Natural Resources, State Department of Transportation-Highways Division, the University of Hawaii, Hawaii Volcanoes National Park, the Hawaiian Volcano Observatory, the County of Hawaii, and the Kalapana community. The viewing program was initiated by the constnaction of a two-mile gravel access route, a parking area, and a marked walking trail to a safe viewing area. Agencies provided safety and informational signs, handouts, reflectors and barricades, trash barrels, lavatories and personnel. Pr® ram l0~Ieasures FY 1999-00 FY 2000-O1 FY 2001-02 Acta~a! Estimate Estimate Avery e visitor cars er da 280 Avery e commercial vehicles er da 20 Minor in'uries re orted 24 Ma'or in'uries/loss of life re orted 0 Visitors straying from traiUgetting lost 25 Program Expelld~tures FY 1999-00 FY 2000-O1 FY 2001-02 Actual Estimate Estimate Number of Positions 18 Salaries and Wages 299,052 O erations 53,820 E ui ment Program Total 3 52, 872 Personnel Posi~on Summary FY 1999-00 FY 2000-O1 FY 2001-02 Authorized Authorized Re nest Pro ram Mana er 1 Program Su ervisors 4 Cashiers 4 Inte reters 4 Security 5 LavaViewBudget County of Hawaii ~ sr3orol 11:30 AM lrava Vi~wjna Program Proposed Budget REVENUES Daily Weekly 6-Months NT Personal Vehicles (2801day) $1,400 $9,800 $254,800 $254,800 Commercial Vehicles (2t)/day) $400 $2,800 $72,800 $72,800 Grant-in-Aid $25,272 Totals: $1,800 $12,600 $327,600 $32'1',600 $25,272 EXPENSES ail eekly 6-Months COUNTY OT~IT$ Program Manager (1 X $18/hr X 8 hrs/day) $144 $720 $18,720 $18,720 Fringe Benefits (35%) $50 $252 $6,552 $6,552 Program Supervisors (4 X $15/hr X 8 hrs/day) $480 $2,400 $62,400 $62,400 Cashiers (4 X $10/hr X 8 hrs/day) $320 $1,600 $41,600 $41,600 Interpreters (4 X $10/hr X 8 hrs/day) $320 $1,600 $41,600 $41,600 Security (24-hour coverage) (5 X $11/hr X 8 hrs/day) $440 $2,200 $57,200 $57,200 Fringe Benefits, County-funded (35%) $546 $2,730 $70,980 $70,980 Portable Toilets Standard (10 X $200/mo.) $12,000 Disabled Accessible (1 X $450/mo.) $2,700 $14,700 Maintenance of Area $50 $350 $9,100 $9,100 Maintenance of Road and Trail $18,000 $18,000 Other Costs Generator Operations $20 $140 $3,640 Printing of leaflets, receipts $2,000 Miscellaneous $6,380 $12,020 Tofals: $2,370 $11,992 $352,872 $327,600 $25,272 NOTES: 1) Program Manager hired through a grant, possible from the Hawaii Tourism Authority. UVill be important for overall planning and management. Pay is comparable to SR-22. 2) Program Supervisors are included to provide supervision of all workers hired through this program and to ensure security of money collected. Pay is comparable to SR-18. 3) Security cost is based on having 24-hour coverage. provide more flexibility. These different jobs may be provided by the same individuals. a 4) Fringe Benefits are estimated not according to county rates, assuming persons hired will be through private contracts. 5) Maintenance of Area is basically for trash removal. Page 1 of 2 LavaViewBudget County of Hawaii 2 8/30/01 11:30 AM Lava Viewing Program Proposed Budget 6) lylaintenance of Road and Trail is a wild guess. 7) Consider eventually contracting entire program, except Maintenance of Road and Trail. 8) Booth for cashiers will be obtained through P & R from Lehua Jaycees. May need to eventually construct our own. 9) We should consider giving every car a numbered receipt, for accountability and reporting. --Receipt to be placed on dashboard of each vehicle. We need not check, but everyone will be sure to obtain receipt if they think we will check. --At end of each day, we will be able to verify amount collected against paid receipts that were issued. With addition of non-paid receipts, we will be able to get a quick breakdown of every car that entered. Due to amount of cash ,involved, security and accountability will be critical. This is why supervisors are important. HOURS OF OPERATION: 10 AM - 10 PM, Daily DUTIES: 1 } Program IVlanager--coordinates with all agencies and oversees overall operations. Works with media, travel industry, and local residents. Reports to Mayor. 2) Program Supervisors--One per shift to supervise staff, oversee day-to-day operations, including ensuring safety of cash. Serves as backup for cashiers and other staff. Reports to Manager. 3) Cashiers--Collects cash, provides receipts, prepares deposits and reports, and carries out security measures. 4) Interpreters--Provides information to public on safety concerns and volcanic activity of the area. 5) Security--Patrols area to ensure safety of individuals and security of vehicles. May assist cashiers. Page 2 of 2 SEP-27-O 1 THU 04 24 PM bOT HWYS HAWAII FAX N0. 808 933$869 P, O 1 ~ / DOT 4.689 IfiW1/CM 9l8ei f _ APPLICATION 8e PERMIT FOR TI°IE OCCUPANCY & USre OF STATE I~iIGF~WAY FIGHT-OF-WAY Application Date AUGUST 10, 2001 _ POLICE CHECKLIST: 17EM5 1 T'HRU 5. Pursuant to the provisions of Chapter 264, Hawaii Revised Statutes as amended, application is hereby made to perform the following work activity or event upon the stab highway described below and at the location(s) specified and at no other place, activity or event. 1 _ Namc of Hi hwa ICAIMU-CFIAIN OF CI2.A1'FR [LOAD . Route #/Section ._.,130/A g y Location or limits on said highway PROTECT NO, L:R 9(3), STATION 239+00 , MIL1rPOST 2n,R„__.__~ __to PL:OJRCT NO, S-0130 (1) , STATION GO~I-00 MT.LL~P9S.T.._2~. 1 __..X , 3. Descrlplion of work, activity or event to be performed ( ) Engineering Survey ( ) Maintenance ( ) Inspection ( ) Landscaping Other '1LMI'OLLA1tY ACCk:S$ FOR VISITOR'S LAVA VI]:iWING AREA. 4. Dates between which work, activity or event to be performed: August 13, 2001 to.,_Iudefinitc 5. General Conditions a. No digging or disturbing of the highway will be permitted under this permit. b . The work, activity or event may be performed only during off-peak hours unless otherwise approved in writing. Peak hours are from 6:00 AM to 8:30 AM and trom 3:00 PM to G:00 PM, Monday through Friday excluding State 1-lolidays. c . All lanes shall be open to traffic during the hours from G:00 AM 40 8:30 AM, during tha hours of 3:00 PM to 6:00 PM, and when no work is being done under this permit. Only one lane of traffic may be closed at any other time unless otherwise approved in writing. d . Parking permitted only in designated areas for vehicles actively engaged in, or loading or unloading materials for, the specified work, activity ar event. Unattended vehicles will not be permitted. 6. Special Conditions and/or Restrictions 1 • ~ Su~j_~gt~_ co arp~oval_of TY-a ffj_c Control Plans. 2. ScE Attachments "1" "2" and "3". 7. Submittals required a . Traffic Control Ptan (whenever there are lane closures) b. ( ) Approved Landscaping Plan: It is agreed that upon the final acceptance of the approved landscape work by the State, all improvertlents placed on said premises shall bo and remain tho property of the State and may be removed or otherwise disposed of by the State at any time. c. Proof of State Indemnity (Letter of Guar~emni,fcatioeu of Tiond and Certi.fieste of Insurance and Statem~nt ft Io Certificate of Insurance Ham ng Spa e ~ Hawaii as an additional insured, having minimum coverages for t3odily Injury or Death Per Person; Bodily Injury or Death Per Accident; and Property Damages Per Accident of: ( ) $100,000, $300,000 and $50,000 respectively; or ( )combined single limit of $500,000_ ( ) Certificate attached or with Permit No. ( ) Federal Non-Liability Clause (See Item 11 on the back of this permit) ( ) Waived d . ( ) Permit f=ee $ N. A- {make check payablo to Dopt, of Transportation, State of l-lawaii) The applicant hereby agre©s that any agreement heretofore made~or hereafter to be made, and the covenants and cond;BY.;. slated on the reverse side hereof shall bo bindinc3 upon him, his heirs, personal representatives, successors, contractors and ass€ APPLICANT' COUNTY OF HAWIIIT , DEPZIRTM_ r;NT O_F PUIILIC ~$i?:;« ~<j (Namc of Jwnor wnalllor ,nmvlounl ttrm, p~nr. nr:: h,p, <orpur:,l,un.~gu~un,n a~n t:,l alJtlnc~,~:c::::i ADDRESS:.~_25 AUPUNL_S'1'REET~ HILO, HAWASI 96720 TELEPHONE NO.: (808) 961 X6321___..___. DENNZS K. W_ LEE, P. E_, DIRr.,CTOR,_.._.~._._, Ipnnl Hume 8 Ynla of Appbc nnl or AWhrnizcp Hap 1 , ~ ~ t L r ~ ; - - _ DATE .UG1;__19> _...2001....__._.___._.._ _ , AF)"r .--f- PERMIT h10. /f56 AUC; _ ~ Permission to perform the above described work, activity or event at the location(s) st d and between the dates set fcryi. said application is hereby granted. The applicant shall notify the issuing a e riling a st ours before commencing'r3??#~- NOTE: P.efe~enr_ed Wor1c Order 1355.. ~q ~T - ~gti - V ~ ~ Ir or f ran ponalion or Ma AWhorizad Reproscntalivo DISTRICT ENGINEER - biAWAI'I OAHU B31-67'12 HAVVAII 933-4740 MAUI 877-5061 MOLOKA1553-536. KAUAI 241-3461 SEP-27-O1 THU 04:25 PM DOT HWYS HAWAII FAX N0. 808 9338869 P, 0~ AT'f ACNMF.N'1' 11 l t l bsrYY of N,~ ' Harry Kim l~` Mnpnr ~•c• Dennis K. W. T,cc •ry>r OFiM~;Nl~ ID~`s4 r'? . f~~ r~'1 , L.k,IXl~ik~.~~.1 Ix~ ~IZ$tt ~ C,'~ x~ ~ , c~ ~^~7 1)1~;YAR'r1VIi:NT Ul+ 1'U13LIC WU12KS 2S Autntni $trcet, Ruum 202 • Hilo, Hawaii 9G72U•4252 C~j ^ (80$~ 9di-8331 • rax ceots~ 96i-kF3n Cl.? =-1= ; August b, 2001 r;? ~ ~ r n DIS`T'RICT RNGIN~RTt STA'i'L I•iIGT'IWAYS DIVISION I' U 13 UX 4277 H1L0 III 96720 SCJIiJECT: LI?'1'I'ER Or GI.)AIZANTEE IN L1.EU OF BOND ANf) CERTIPiCA'1'fi QF 1NSCJRANCI As cc~ntiiticration for SCate's waiver of ll~c requirement of a Bond an<l Certificate of irtSUrance as a condition l0 the issuance of a I'crmit for the occupancy and use of Stale Highway right-af-way, the County c~I'H;~wuii, De;partutcnt of Public Works, herein referred to as the "County cif Hawaii", hereby agrees as follows: 1. A.fte.r completion of scope of work, the County of Hawaii will c=ontittue to be responsible for mlintenancclrcpairs to the constivcted roadway. 2, The County agrees to save and hold harmless the State, its officers, agents, regresentalives, successors and assigns, from any and all suits or actions of every nature and kind which may ho brought for or on account of any injury, death or damage, directly o?• indirectly arising of growing, out of Ule dpins of said work under this agreement. DIJNNIS K, W. LLL, F. Date Director nCCLY'i'1~ 1 ; ~ ley: ~ ~~/O.O~ District Gngincer-Hawaii Datc SEP-27-01 THU 04 25 PM DOT HWYS HAWAII FAX N0. 808 9338869 P. U3 ATTA~:IIMF..NT "2" STATE OF HAWATX DEPARTMENT OP"TRANSPORTATION ~TATENIENT ]ND]EMN7~`YING STATE AGATTIST LIABILTi'Y CLAIM Highway Urea: R-~~' l~0 Zo W1i~Gpos~- ~ "L4.1 ydni~(~~os-~ '.Che undersigned individual, authorized on behalf of the organization to which the undersigned belongs and in consideration of the permitted use of the designated highway area, agrees to defend, indemnify and hold harmless the State of Hawaii, Department of Transportation, .its officers, employees, representatives and agents, from any and all damage, injury, loss, liability, liens, claims, suits, actions or proceedings of whatever nature for any personal injuries or property damages arising from or in connection with the use of the aforesaid highway area. ~J~~ lc . ull • o~~, signature Title Pu~bi~~ worlFS b~~ c-~-ynet~~ Name of Organizati n 5ubsczibed and sworn to before me this ~ day of ~u~t-}' a2D0 ~ Notary Public, State of Hawaii ®ler6® /Pta H: fictrzirnoto My commission expires : ~T L.S SEP-27-OI THU 04 25 PM DOT HWYS HAWAII FAX N0, 808 9338869 P, 04 DI~AF1 Al",CACHMENT "3" emergency ~parati~g Pr~+~eclures ~aiapana ~ie~vir~g Area I, MINOR MEDICAL TRI=ATMENT All security and shuttle bus drivers have been trained in Basic First Aid, and wilt have a First Aid kit available. II. MEDICAL EMERGENCY if there is a medical emergency, security personnel in the area will notify Fire Dispatch through established procedures. After assessing the situation, Fire will determine the appropriate response measures for the emergency. III. SUDDEN SHIFT IN WINDS Should there be a sudden shift in winds (from our normal trade winds to Kona winds), security personnel in the viewing area will immediately evacuate all visitors out of the area of the steam flume. IV. VOLCANO ACTIVITY Should there be a change in volcano activity, Hawaiian Volcano Observatory will notify Hawaii County Civil Defense Agency. Civil Defense Agency along with the Mayor's Office, Hawaiian Volcano Observatory, and the program director will decide what action, if any should be taken. V. NU~tRICANE Should there be an approaching hurricane to the Island of Hawaii, the Civil Defense Agency will monitor and establish advisories to the program director and make recommendations to its operations, as necessary. VI. URGENT TSUNAMI Should there be a strong earthquake during hours of operation on Hawaii Island which causes an individual to have trouble standing, security personnel, in the SEP-27-O1 THU 04:25 PM DOT HWYS HAWAII FAX N0, 808 9338869 N, 05 DRAFT viewing area, will immediately evacuate all visitors to the shuttle drop off area, located outside the tsunami inundation zone. Visitors will then be briefed of the current situation and assisted back to the parking area. Should a distant earthquake cause a tsunami watch or warning, the program director will be immediately notified, to prepare to evacuate the viewing area in a Watch, or begin immediate evacuation in a Warning. NOTE: If a local earthquake registers 6.8 or more on the Richter Scale, the sirens, islandwide, will be activated. SEP-27-O1 THU 04:26 PM DOT HWYS HAWAII FAX N0, 808 9338869 P. 06 SC(~YT3 OF WORK 1~U1~ KAT,AVANA ROAD TU LA'VA FT.,nW To haul materials, grade and roll to provide a roadway est. lb' to 18' wide Cor vehicles to travel over areas that lava have destroyed. full Dials will be made where Possible. A 20' wide roadway will he Tnade in areas where it is Possih)e with minimal work. A turn ;around at the aui of proje-c( (2.55 i7~ilcs) will be constructed est, l0U' x 100'. ~ J~ZY ®F },4~ O 9, C~C`~~ ~~~+w: Lincoln S.T. Ashida Harry Kim ; Muyar :m Corporation Caunse! '•"~~s~'~~ Gerald Takase ' cd we rte;: dl•• t ,rt os'M~''6+ A.csi.cfant Corporation Counsel C~~~xc~~r .~x~~tt OFFICE OF T;EIE COIZPOItATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622 ~ PRIi/IL~G~13 AN® COIVFIDENTIAi- COMMUNICATION ATTOI~N~Y CL.1~lVT COMMUNICATION NOT A I~U~L1C f~~COR® August 13, 2001 M~~IP6~'d~V ~U lldl TO: HARRY KI M Mayor FROM: LINCOLN S. T. ASHIDA Corporation Counsel RE: bight of County on privately owned lands in Kalapana Representatives from the National Park Service report approximately 400-500 sightseers trespass daily in the Kalapana area to view the lava flowing into the ocean. This area is currently under a civil defense emergency status, given the current volcanic activity. Given manpower and financial limitations, it is impossible to securely monitor and prohibit entry into this area. Risk of death and serious injury from naturally occurring conditions is significant, especially to persons not appraised of the dangers. This risk is exponentially increased given the large land area which officials are unable to keep off limits to sightseers. In sum, a public nuisance exists with respect to the health, safety and welfare of the public. Hawaii County officials recognize the impossibility of effectively stopping all trespassers. In an effort to mitigate the risk of serious and mortal injury to sightseers, and to provide an opportunity to view a true wonder of nature, government, private, and other agencies collaborated to develop and improve the Kalapana area near the lava flow to accommodate sightseers. The existing roadway was widened and improved to allow for passenger car access. A parking area was constructed. A walkway was constructed from the parking area to a , viewing area. . The walkway is purported to be on privately owned land, over apre-existing subdivision. This area has since been inundated by lava. These lands are not currently being utilized by the private landowners. There are no structures on these lands. Initially, if it can be determined there was a recognized road running through this subdivision, and the pathway follows this road, a public easement exists, and private property rights are not impacted. If the pathway runs through private property, the following issue is raised. Given the current stag of eanergeney declared.bv the Governor pursuant to MRS Chapter 928, may Hawaii County provide for the safe passage of sightseers by oonstructing ~ pathvva~ throe h private propert~,r, a~rhere no such pathway existed in the ast and -there is a significant risk of danq~er to the health, safety and welfare of the public? Yes. A present state of emergency exists pursuant to Section 128-7, Hawaii Revised Statutes, as amended (hereinafter "HRS"). Pursuant to HRS Section 128-8, entry on to privately owned lands is permissible in order to provide for the safety of the public. That section states, in pertinent part, that the government may do the following: [A]uthorize that public nuisances be summarily abated... ...further, authorize without the permission of the owners or occupants, entry on private premises for any of the such purposes. Given the current public nuisance of hundreds of trespassers in this area, exposed to a significant risk of death and serious bodily injury, government officials have attempted to mitigate the risk of harm to the public by providing for the "safe" viewing of the lava flow. As apposed to hundreds of persons walking unchecked in the lava fields, sightseers are directed in an orderly manner through apre-determined pathway which crosses private property. Any landowner who is aggrieved by the use of their land for this pathway may seek remedies, but the government wi(I not be precluded from presently using the land for public nuisance abatement purposes. Ordinarily, notice and a hearing must be given before property is taken; however, when an emergency situation exists and it is necessary for the protection of public health, safety, or welfare for the state to take immediate action, due process is satisfied if the property owner is given an opportunity -2- to challenge the act of the state after the taking. Srb v. Board of County Commissioners, County of Larimer, 43 Colo.App. 14, 601 P.2d 1082 (1979). In our case, there is no question a state of emergency exists, since the Governor has declared the entire area under the jurisdiction of our Civil ®efense. The use of the private property in question is necessary in order to mitigate the danger to the large number of persons who visit this site daily, by "funneling" them in a narrow area and preventing straying into more dangerous areas. Further, "displacement" of the private landowners is not at issue, since the lands are not being utilized for any residential, industrial, commercial or other purpose. Finally, unlike permanent "takings," as discussed in Srb v. Board of County Commissioners, County of Larimer, the present action by Hawaii County in utilizing private lands is temporary in nature. To summarize: • A state of emergency allows the government to enter on to private property without the consent of the property owner, for the purpose of nuisance abatement. • A public nuisance exists with respect to the health and safety of the hundreds of daily trespassing sightseers who visit the flow site. The existing flow site contains no well marked areas or paths for walking, resulting in sightseers walking all about the area. Injuries sustained by previous sightseers verify this fact. • Creating a temporary pathway through private property, which physically contains the sightseers and provides well defined paths of travel, mitigates the risk of death and serious injury to the sightseers. I hope this memorandum has addressed the concerns raised. Please contact me if further assistance is required. Thank you for allowing our office to serve you. S: Departments/Mayor/Kalapana Lava Flow/Memo re private property 8-13-01/LSAmr -3- cu n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ co ~ D o ~ c~ ~ ~ Q ~ ~ CD~n.. ~ c~ ~ ~ 0 ~ ~ ~ ~ ~ c~ ~ o CU ~ o ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ C ~ ~ ~ ~ ~ ~ ~ oa cn cD cn CD i1~ ~ ~ ~ c~ ~ C~ ~ ~ ~ ~ ~ c ~ c~ ~ Cp ~ ~ ~ c~ S, (D Vii. ~ ~ N ~d ~t ~ ~ N ~ ~ ~ O e-s O~ S ~ v~ Cm ~,~`roLc,`~' CONTRACT THIS AGREEMENT, made and entered on September 13, 2001 by and between the COUNTY OF HAWAII, a municipal corporation, duly organized and existing under the laws of the State of Hawaii, by DIXIE KAETSU, its Managing Director, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereafter called "COUNTY", and HERBERT F. YAMASHITA, whose address is PO Box 777, Keaau, Hawaii 96749, hereinafter called "EMPLOYEE." That for and in consideration of TEN DOLLARS ($10.00), per HOUR, the EMPLOYEE agrees to provide services as a special employee for the COUNTY as a Kalapana Lava Viewing Cashier, commencing on September 10, 2001, and terminating as of the close of business on December 7, 2001. The salary shall be paid semimonthly and subject to applicable federal and state taxes. This CONTRACT shall be subject to additional terms, conditions, and covenants and the Statement of Duties and Responsibilities which are attached hereto and made a part thereof. It is understood and agreed that any services to be provided in accordance with the terms - of this CONTRACT may be terminated immediately, in whole or in part, upon a finding by the COUNTY that the services must be provided by public employees pursuant to Civil Service Laws or that such services will be discontinued. It is further understood, that should such a finding be made, the COUNTY will not be liable under this CONTRACT for any resulting damages, and such a termination will not be considered a breach of this agreement. IN WITNESS WHEREOF, the COUNTY has caused this agreement to be executed at Hilo, Hawaii, County and State of Hawaii, and the EMPLOYEE has caused this agreement to be executed at Hilo, Hawaii, State of Hawaii, as of the day and year first above written. RECOMMEND APPROVAL: COUNTY OF HAWAII LLI TAKABA DIXIE KAETSI! Finance irectoi Its lei- Managing Director APPROVED AS TO FORM EMPLOYEE . AND LEGALITY: HERBERT F.YAMASHITA ~ Corporation Counsel County of Hawaii Date: SEP ~ ~ ?~Ol APPROVED AS TO AVAILABILITY OF FUNDS IN THE AMOUNTS AND FOR THE PURPOSES SET FORTH HEREIN: Finance D' ector County of awaii Date: SEP 3 2001 -2- STATE OF HAWAII SS. COUNTY OF HAWAII ) On this day of , 2001, before me personally appeared HARRY KIM, to me personally known, wh being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corpo ation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporates al of the said County of I-Iawaii; that the foregoing instrument was signed and sealed in beh if of the County of Hawaii by authority given to said Mayor of the County of I-Iawaii by Sectio 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said HARRY KI acknowledged said instrument to be the free act and deed of said County of Hawaii. otary Public, State of Hawaii commission expires: STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this 10th day of September, 2001, before me personally appeared HERBERT F. YAMASHITA, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. ~1.~ KRISTEN G I Notary Public, State of Hawaii L• S - My commission expires: February 7L 2003 -3- STATE OF HAWAII ) SS. COUNTY O~ HAWAII ) On this ~3~ day of , X001, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn; did say that she is the Managing Director of the County of Hawaii, a municipal corporation off the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. v JEAN IERNES Notary Public, State of Hawaii My commission expires: 11/1/2001 P~ V1e~ti ~ ~s ~ ~a~TAR~- ~T F nF ~ EXHIBIT A EMPLOYEE-EMPLOYER CONTRACT ADDITIONAL TERMS, CONDITIONS AND COVENANTS OF EMPLOYMENT (Personal Services) 1. This employment contract is for a limited term only, not to exceed ninety (90) days. The employee shall work as scheduled, no more than forty (40) hours per week. Should the County require work in excess of forty (40) hours per week or eight (8) hours per day, overtime payments shall be made as regulated by law and the rules relating to overtime of the County of Hawaii. 2. Employee shall be compensated for hours worked. Should conditions force the closure of the Kalapana viewing area during working hours, employee will be compensated for the remaining hours in the current shift. The work schedule may be suspended or cancelled at any time if the area is closed. 3. Work site for employment is at the Kalapana lava viewing access road. Travel time is not compensated and there is no mileage allowance. 4. The Employee shall be entitled to receive fringe benefits as regulated by law and the rules relating to vacation and sick leave of the County of Hawaii. 5. The Employee shall perform the duties as shown on Exhibit B, and made a part hereof, under the direction of the Program Manager. 6. This contract is for personal services and cannot be assigned or delegated without the prior written consent of the County of Hawaii. 7. Unless a new contract is entered, the Employee shall not be entitled to continue employment after the completion of this contract. 8. This contract may be terminated without cause by either party upon ten days written notice to the other party before the effective date of such termination. I have read, understand, and agree to the above conditions. 9 ia- a Employee: HERBE F. YAMASHITA Date EXHIBIT B STATEMENT OF DUTIES AND RESPONSIBILITIES The Employee shall assist the County with certain functions of the Kalapana Lava Viewing Program, as described below and as directed by the Program Manager. Services to be Provided by,the County of Hawaii: 1. Funds to the Employee as agreed to in the contract. 2. Office supplies, banking supplies, tickets, and other materials and equipment as needed. Services to be Provided to the County of Hawaii: Provide services to the County including, but not limited to: 1. Sell tickets to people entering the Kalapana Lava Viewing area 2. Provide basic information and customer service to the public 3. Collect and secure cash payments 4. Keep track of vehicle statistics 5. At the end of each shift, balance cash receipts to number of tickets sold 6. Prepare and deliver bank deposit 7. Provide other related duties. -1- 09~~5i01 TIIE 14:8 FAT TRAFFIC 1001 l_ ~ ~ .i ~ _ i ~CC~ST ESTIMATE FOR I Sign Fabrication ~ ~ - - ~ai~ ~ l.ocation_ ~ Date of Estimate: ~ _ ,,.P _ - I I ~ ~ j _ TDescripfiucrs: ~ I - a rica~e various ava-Vi:ewing s gns nce e~^~or tTze new " _ -_.~.w _ - I I ----~-j- - - - , ~ . , ~ ;Labor: j Each ate ~ Hours Total 3916.34 I - ~ IJyrnman 3 ~1~,5g 96 I1 ~ j j Helper --...4~~12.17 ~ I ~ - I i Fringes Benefits (7.45 °/a) = ~ i ' IWS i $1,x.47 68.5 X059.69 i r~_ I I i i I I j .Materials: L Amt. Ummits y~~~ Unit Cost I Total I ! 7 3/4"X 9' Post ea. .7~ I ~ NO PARKING sign ea~ $8.30 ~ , _ ~ 2,.X 10° Post ea~ ~2~.~Z 1~~ I: 2.25"X2.5° Brkawy ea' j ::2q,'.X24" STOP-sign _ e~ $30.4 ~ I I °3~0"X30" STOP sign , _ ~ ~.4~Q~~' ~ ___._'_X_12' luminum 12 ea. 5130,00 1560.00 ~ rls. 5tieetin i~~ea-_~,-46.00 1 984.00 ~ Icquipment: Each Rate Hours I _ _ I . 7 AI ITruck _ ~ .~-~.4~ L._ _ I ii . ~ Pianjar I _ ~ I ~ .I-_ - L ~ I I I I 'i__~_.__---~~...--I-_ _ EST. TOTAL C®ST - I ~~460,ti _ ~ _ -I j - - ' i I _ _ ~ _ - - I ~ : . _ I I - - i ~ 09/25/01 TLTE 14:28 FAX TRAFFIC C~j0o2 _ i I - I I COST ~STIMAT~ FOR Sign Insr~..a.llation ~ i ! I Location- ~ Ka7-apana viewing ~i~ea Date of Estimate ~~g~~~ I _ I I I Description: ~ ! _ Installe__d Lava Viewi.ng,_I~azard Warni.n~and other sites as re- quested ~y Civi1. Defense. _1...__ . _ .~.~...._.~w - 1~ I - __~.,_1. ~ ! Labor_ j ~ Each Rate Hours Tota! ~ $1778 , 87 ~ ~ , T I ,Jyrnrnan x..58 66.5 1969.57 I ~ - j-_ ..,____..Helper ~ _ 2 I X2.17 66.5 .--..3rd ~ Fringes Benefits (4?'_45 = j I I I r 1_. I i i I L ! _ _ !Materials: j ( ~kmt_ Units Unit Cost Total r I I 1 314"X 9' Post ea ~ I _ ~ 2„X2' Brkav~y ~~._~41., ea 04 I NO PARF6ING Sign I ea ~8~30 2"X 10' Past Ocz. ~S1 ea $_.1,8.®0 $738.0 f I 2.25°'X2.5' Brkawy . 39 ea $b.52 S . oo X24"X24" STOP sign ea X30.4'7 --.i I 30"X30" STOP sign ea f 544.50 ' v,,:.... _v_ L i 1 ~ I I - I ~ ~ ~ I _ I ! I I ~ - I _ - ~Equipment: Each Rate Hours L , ;Truck ~7. Q0 ~ - - - ~ ~ ; Pionjar _.T i Q.___~1._.-~~ _ - ~ I ~ I ~ - ! - I - _ I ! ~ I ~ , - ~ ';>CsT. T®T~L cosT ~ s ga~2..~5~. I I_ _ i I , i ~ I i i i _ _ _ _ _ _ SE°-;'1-U1 FKl 1 ~ 14 rM H1UHwP.Y AllMll~l rxn iw. Jui OUJJ Phone: (808) 961-8349 Fax: (808) 961-8633 b ~-a $ s t 'Po: Diane Shiro -Ailing 03uslness Manager Fr®tao; Lori Shikuma "k.~ Faux: 961-8630 ~>ete: 9/21 /2001 Pdeoeeo: 961 8463 ~a~~: 1 die: KALAPANA EMERGENCY ROAD Stanley Nakasone PROJECT x ~1 ~ Far review ©Pd®as® C®aaeaea~n~ ? iPdeaa® d:t®pdy ? Pd~as® ~®~ycle •C®raearaeeats: Per your 3119/01 request, the approximate costs for the Kalapana Emergency Road Project are as follows: District OT Meals Mileage Mats & Rentals & Total Su lies Repairs Puna Rd * $ 45,969 $ 2,000 $ 855 $ 1,349 $50,173 So Hilo Rd * $ 3,481 $ 239 $ 78 $ 3,798 Hwy Admin ~ $ 173 $ 28 $ 2,361 $ 2,562 $ 49,450 $ 2,412 $ 933 $ 1,377 $ 2,361 $56,533 " ~ as of 9119/01 ~ =meals for volunteers Please call me if you have any questions. r~.~pticans at Kilauea Vofcar3o car .undergo rr?any charges that can. be rapid, unpredictable, and 1 fn.€lireaten=~~. lNifif-t~;~t ~~equaxe i~rowiedcfe, visitors can easily fine Lherrtseives it ~ar~ge~.:: - ~~~Jf..~'X ~9F~1 d .t~~~L"X ~d-k. ~~~'""-'L~~1Y.A i'4~.il ~.d~ ~9.:+~~JL ~a_.S 3 E~~ ~G a ;U~r NOx X30 ~i,~i•ii;~ Q~`~ ~~ACf~#"$ ~U33;:'f ~Y i~Va~ ~ f~®Vi` fNLAi~~ GUICS~L°f fF Y0t! FEEL ~3~ €~E~fZ ~f~`!?faING ~~~';?~11~~'f~ F~3 l~er,~x~ ~s d l• liter P~ i;i~iU~UAi., ;here may indicate Gnat the gra,srd i^ tJaui to collapse: ~'t~:~;'~ ~~y~~~y~ ~0 i?~OT C? f`~EA~ 1'I~IT SNAT>=?t i may ~e ~xir~,r:lei° no ani~ u ~:~'`~,~~`::~.~~':~~~F~~~1'`~i ue4 Abe severe! scalded f~ unex ..i+~ .>..~2 - Y Y p~`' . ~ fit?>~•~ £#.:~~.:~~#::`•,~~':>,,'~c~€€;» ~4:~::~:<>::s>::»»~:;.T€~,~? i:JT~.l .~M~ ST?M~(~ P ' U ,P . ~~?~.n~ , . r . . . n......• w::::: x...... r.:{ .Y.. f~.. r f. / . r/. r..: ~:ry:?i:ry}i:?;.i:iLi}i:•iii:.: n: An area of new,:.ranstaiaie:fand, commonly called a ber+ci~ farms where lava enters the ocean. 1/Uhen the. hot lava hits. seawater i+. shatters into. pieces. i~uilc[irtig are underwatersaad pile. iNnen ^~lou~h sand builds_up; a beach forms. The thin veneer of lava flows that;eoat the i~erich give_a false ~mpressian of solid ground. ;-fowever, the lava fs only a thin layer cn top.of a rub- ble piiethat can be over 500 feel (150 m) thick. A:small movement in T'ae ~.~nderwater: sand pile can trigger a f:~ll r,flfiapse. Beech collapses are ccmpleteiy unpred:ctabie and prc~*uce large explosions that throw hot:roci<s 300~feet (1!JO m):fnland. When lava enters t:~e sea, t heats tine water o ndar boiling. getting splashed or even, sprayed with this water can rouse 3rd degree ourt~s: i/oic~nic activity can eaiso produce superheated steam thatis invi5ibie and can kill you. STAY OFF the ~^h *.o avoid ser~~iias ~~ar~s. ~ ~ ..ate f> .r:~~ f i>, fx 7~or.v acid with ~ of-i t<` f .5 that hasa corrosive power sim~iiar ~a ha:`iery aria. n~~;~ ~ ~+~fi';"'r4 .~F~l'f€~.s;'€"::.~f s'~r~',G~L~'vt~•; ;~i'~AE.._ 0! ~ILtJf~£ty, Al~iCs PRE~~i~€AfQT II~OMEII~;sflould avoid the area. ~ Cli3 BENCa°I CLIFF ~ ';f~ACfC~ `~~'EAl1/d / ~ y • z ~ f ,.r~; . , . _ . " ~ <:; e:~ , • : x, - . _ . . c,.~.~ ; >E, 13enci~ c®ff~i~~;~ed ~ar~se €~i~ ~xpYC~sia¢~S , ~ ~s , , _ ~ :Stay in marked viewing areas. < t, : Avoid Thisroc~c wa~;...z. x~ • ~ "flying„ thrown 30 ¢t t~.~ rocks ~ fn case of a collapse or large ex- , F plosion, move inland and away r, 'r'"~ from the bench. . - . .dW' ~rktvkv+iv%:L:U+Yf JCii3Y • . <:s; AC'~`~VF LAVA Fi:.JW~ may be enr~lsn`:ered<ir the f{~ ~;iUSTAGLC LAND ~Cz?iCat,:frev^, YiEe~ 3.safe dlStarirn*~nt'~: ~~fC'iVe €ava. r ~s af3out 2000 degrees r f-! 15i~ the sue- , ~ ~ ; lac flf recently crusted .flows van oe 50-.,00 de- ~ ~ ~ ~ ~ urs ,.C,eVerr' lJUrns can f~$ SL1Si'~3r;F?t:s'rs'y!'3' <f ~ n ~ ~,tl 3i; ta.i ~l'1e~v ~€r,7WS, Stay ~~wS(-! ti;3ss r }r'Y ~t~ < r,<i.t~. , ~';t: ran ,rlutr:4cly tint %]u£.~I>;~'<:.€ tli7 ~ sl~f - r~ ~.r n+~ ^ats€ro~c :r ~ tt:c' l ;fi : f~l•33~f ~ 3 re~`:'::':~> trier { yp pg3F5^,~a ;x ti0(IaPSe, lava Can ~~`-~y ~ sxY~~G~ ~~M~}i~ ~ riC~~L 3~~9't` ~ ~z E.•XT~E' ~icS~RCys3y ~ T ~ ..k'~~F~:;;~.~k,£#3L.f.~'`dc'',~~.`~f3r €'~€..C'3~.~Y.i~~~#rf?`:~.:~,K3.Ee~'£::Z:%~>:z ~.1 - build out from the new :::vf...:.;.... +i.. ,-..r'-°` ' f 'vi h 1• - n h - ra ~ ::i:.:::1:;,~i.a':::.~~, E~~ L. ~uL~+~"3 k:~~~ '~i33 ,~.~~..:;~~..#4i,.E~.,,.....;~.?g£,1~;:.::~;:.;::. drf s, gi ny 4 e d ~sro t at a ,ate .S s: ~fi ~ ~ ~l'L`~F~a ;?~:~f;~::.'3 ~.~'t'3'sf~'i~di"~t ` ~3~3~~3~~sw _ ~ :<rhind-the-diffs.aresotid and-stable. They-are:not. t 1`~~3~~`'#~€:::~~i:::~~:::~z'€~:::€~~:~:~{~ ~t:E~rt~ 1;;~;vw~#< A~i~{#~t>~~=~:~ ttin~ ~t e~~ur,s vat.us ~.QOV1ra~t .>i~.~<r t : ~.~y 10/92/01 TtrE 10:56 FAX 808 9x56460 HI CIVIL DEFENSE MAYOR 0 002 Ir~~rg~mc~ I )p~lra~~r~g ~rvicedur~~ ~~~~~el n~ ~~~Wil'1g ~r@21< 1. M1NOR MEDICAL TIZEATME~ ~T All interpreters and security sly 311 have been trained in Basic First Aid, and will have a First Aid kit available t~ render first aid assistance when needed. II. MEDICAL EMERGENCY If there is a medical emergen~; interpreters/security personnel in the area will notify Fire ®ispatch through e~:ablished procedures. After assessing the situation, Fire will determine tit ~ appropriate response measures for the emergency. III. SU®®EN SHIFT IN WINDS Should there be a sudden shi 1 in winds (from our normal trade winds to Kona winds) that could possibly encl: finger anyone in the area, interpreters/security personnel in the viewing area ~ Vill immediately evacuate all visitors out of the area of the steam flume and r~ aintain a safe distance. The program director shall have the authority to close viE~ ring due to laze. IV. VOLCANO ACTIVITY Should there be a change in ~lcanic activity, Hawaiian Volcano Observatory will notify Hawaii County Civil ®eiE nse Agency. Civil Defense Agency and the program director will decide v?~I gat action, if any should be taken. V. ~IURF2ICANE Should there be an approach r g hurricane to the Island of Hawaii, the Civil Defense Agency will monitor 1d establish advisories to the program director and make recommendations to its operations, and closure as necessary. 10/02/01 TtTE 10:56 FAX 808 9356460 HI CIVIL DEFENSE MAYOR ~ 003 VI. URGIQNT TSUNAMI Should there be a strong earth quake during hours of operation in the Kalapana Area, interpreters and securitr~ personnel, in the viewing area, will immediately evacuate all visitors to the sh~~i tle drop off area, located outside the tsunami inundation Zone. Visitors will t ~ en be briefed of the current situation. Should a distant earthquake c~ use a tsunami watch or warning, civil defense will immediately inform the prograr ~ director to prepare to evacuate the viewing area in a UVatch, or begin immedialE evacuation in a Warning. NOTE: If a local earthquake iE gisters 6.8 or more on the Richter Scale, the sirens, islandwide, wi I be activated. JHZV OE h4W ~ ,9 ~£arry Kura i" " Lincoln S.T. Ashida Mayor Corporation Counsel Yom.°.• o;:::":<:::;o,.~~ Gerald Takase trF ¢•Ha~°~ A.cci.ctant Corporation Counsel C~~axx>r~~ .~~~tt OFFICE OF TIIE CORI'OI~TION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622 ~~e~vr~~~~~~q~~ggnr~® ~i/o~v~~~®~/r+v~r~~~A~p~~d+~oMn~~°~upnrs~el:,~r~®~r ~&3d~/iA~}~-6.'~.~~9Y~ ie~1Wd/Y/W17P~~:P~i I (®!Y t~~~~~~ ~i~~'i®~1~ September 28, 2001 iU6~tVit3R,~aN~URA TO: MARRY KIM Mayor DIXIE KA~TSU Managing Director FROM: LINCOLN S. T. ASHIDA~ Corporation Counsel RE: ~alapana Vie~nairag l~rograr~ inclosed is a copy of my memorandum of August 13, 2001. This was the only legal opinion reduced to writing issued by our office concerning the Kalapana Viewing Program. In speaking with Nancy Crawford, one issue the Council may raise is whether we have increased liability due to our promotion of this viewing program. It is important to note actions taken by our County have reduced the potential risk of mortal or serious injury in (1) specifically roping off danger areas such as benches, thereby preventing (or at least clearly warning of) trespass on to this non-obvious hazard, and (2) improving and marking a walking path, to the best of the County's ability, given the natural terrain. In my opinion, "doing nothing" while knowing of the enormous number of visitors to this area, as reported by Hawaii Volcanoes Observatory, would subject the County to liability as well. Such "benign neglect" would- be the basis for a cause of action for any serious or morta! injury. Finally, the suggestion of merely placing warning signs and declaring the area off limits, thereby limiting liability, would do nothing to prevent serious or mortal injury. As stated above, non-obvious hazards such as benches pose a significant danger. In sum, Hawaii County chose to save lives rather than just save money. incl. S: Departments/Mayor's Office/Kalapana Lava Flow/Memo to Mayor 9-28-01/LSAmr -2- KA(°AP~af~le4 S~F~ iA1~11196NCa Pf3®CaRe49~! Page 1 Traffic Statistics and revenue September 2001 Car Van Money Vouchers Count Count Collected Received Total 9/8/01 10 - 3 142 2 749.25 3 - 9 227 4 1215.00 369 6 1964.25 9/9/01 10 - 3 116 3 635.00 3 - 9 147 4 810.00 263 7 1445.00 9/10/01 10 - 3 60 6 420.00 3 - 9 124 1 715.00 184 7 1135.00 9111/01 10 - 3 50 1 350.00 3-9 124 0 615.00 174 1 965.00 9/12/01 10 - 3 57 2 325.00 3 - 9 120 1 620.00 177 3 945.00 9113/01 10 - 3 53 0 265.00 3 - 9 96 1 505.00 149 1 770.00 9114/01 10 - 3 41 2 205.00 40.00 3 - 9 68 1 340.00 20.00 109 3 545.00 60.00 9/15/01 10 - 3 48 1 240.00 20.00 3 - 9 75 1 395.00 123 2 635.00 20.00 9/16/01 10 - 3 55 1 275.00 20.00 3 - 9 99 2 535.00 154 3 810.00 20.00 9/17/01 10 - 3 27 2 135.00 40.00 3 - 9 96 1 500.00 123 3 635.00 40.00 9/18/01 10 - 3 41 1 225.00 3 - 9 92 3 485.00 40.00 133 4 710.00 40.00 9/19/01 10 - 3 51 2 255.00 40.00 3 - 9 85 2 465.00 136 4 720.00 40.00 9/20101 10 - 3 48 240.00 _ KALAala,4N~a S~~E O/IEIIVING PR®GRAiU! Page 2 Traffic Statistics and Revenue September 2001 Car Van Money Vouchers Count Count Collected Received Total 3 - 9 87 2 455.00 20.00 135 2 695.00 20.00 9/21 /01 10 - 3 43 1 235.00 3 - 9 95 3 495.00 40.00 138 4 730.00 40.00 9122/01 10 - 3 59 3 305.00 3 - 9 107 1 535.00 20.00 166 4 840.00 20.00 9/23/01 10 - 3 52 260.00 3 - 9 77 2 455.00 20.00 129 2 715.00 20.00 9/24101 10 - 3 48 2 240.00 40.00 3 - 9 99 3 555.00 147 5 795.00 40.00 9/25/01 10 - 3 50 1 250.00 20.00 3 - 9 113 1 580.00 163 2 830.00 20.00 9/26/01 10 - 3 54 3 290.00 40.00 3 - 9 90 1 450.00 20.00 144 4 740.00 60.00 9/27101 10 - 3 58 3 310.00 40.00 3 - 9 136 1 700.00 194 4 1010.00 40.00 9/28/01 10 - 3 59 295.00 3 - 9 97 3 505.00 40.00 156 3 800.00 40.00 9/29/01 10 - 3 36 185.00 3 - 9 111 3 575.00 40.00 147 3 760.00 40.00 9130/01 10 - 3 57 3 345.00 3 - 9 80 6 480.00 40.00 137 9 825.00 40.00 23 3750 86 20019.25 600.00 $ 20,619.25 ®aily Average 163.0 3.7 $ 896.49