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HomeMy WebLinkAboutCOM 0460.000 2002-2004 (Yb~ GARY SAFAR(K Phone: (808)961-8267 Counci/member ~`IL..' ~~,F@x1,_; (808)961-8912 •~N M~~, GJ'I gsafarik@interpac.net County council ~B4 JRN 12 PIS 2 3C~ County ofHawa!`i ~.Vl.i~ , ~ Hawaii County Building ~+~UN7 ~ ~ ~ ~ ~ 25 Aupuni Street /filo. Hawaii 96720 January 12, 2004 TO: James Y. Arakaki, Chair Hawaii County Council FROM: Gary S. Safarik, Counci] Member Hawaii County Council RE: An Ordinance amending Ordinance No. 03-9Q Relating to Public Improvements and Financing Thereof for the fiscal Year Ending June 30, 2004 Attached for your favorable consideration is a proposed ordinance requesting a change in Ordinance No. 03-90 relating to Public Improvements. [ would like to provide a recreational and safety training area to meet island-wide demand by Dirt Bike and ATV riders. This will help curb illegal riding on public roads and highways, state, county and private lands and allow police to direct violators of the traffic code to a legal designated area. For these reasons, I propose to amend CIP Ordinance No. 03-90 to develop a Dirt Bike/ATV track with the help of volunteers from the community. Please refer this proposed ordinance to the appropriate committee. Attachments: Proposed Ordinance Vicinity Map Project Data/Financial Impact Statement Newspaper Article dated August 10, 2003 ATV Riders of Hawaii (AROH) - By Laws AROH OHV Operator's Pledge AROH Application for Membership District V Puna Makai Y6~ 3. ~I ~ I S . Ref. Tp; Ref. Dare _,1AN County of Hawai 'i PROJECT DATA /FINANCIAL IMPACT STATEMENT Fiscal Year 2DU3 to 2004 DEPARTiIgENT: Department of Parks and Recreation DATE: December 12, 2003 PR(~ IECT / PROURA 1L7 NAME: Dirt Bike/ATV Track LOCAT I(7N (attach I3- l1?. x 11 map): South Hilo, Hawai `i Tt~:~K: 2-DI -01.3;15,3 COUNTI'COUtVC"II. DISTRICT: -4- AMOUNTRE~UES1"ED: $SU,OUO~ PRO>IF,CT ! I'ROGR;~1l~I I)E~S(.'RLPTION.• To construct a Dirt Bike/ATV Track in the Hilo Drag Strip area. The appropriation amount represents the cast for the constrilction and materials to assist volunteers from the ATV hiders of I1a~~ai i, a Flcrwai `i non profit organizatiot2, 'towards ccampletion of'the liroject. PROJECT/PR OCRAM JUSTIFICA TION: Prc?vide a recreational and safety training area for a sport t at has shown an island wide poprdlarity and r°egt~est for riding areas. Cz~rtail illegal riding of ATV on public roads and highways, and state,. county and private lands. To help ponce direct violators of the traffic code to a legal designated area inhere the public can enjoy their vehicles: Prior This FY FY _ Fir' ' FI' F)' FY EXPENDITURE (x $1,000: Fundin Re nest 2004-2005 2UU5~2Q06 2U06~2007 2007-2008 ::2008-20U9 Z`OTAL Planning / Enwirn. Ass. 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S~1hJGr, j~~(~Q 1. r: elf nip: CONIn'NNIfK+ ~ Se 1 : I in rRl?IEQI~~ 16 wail ~•bv e-.~2Y~.~~(~ l° 03 to K ~t~~~. 3tf ~ ray Off-road ri i n ,"~;z ~ g f is ainin fans g g -even if illegal Pboto 6y Den GUetter ? County can't afford a solution, riders Kelly Chang performs the "Superman' maneuver some 40 feet off the ground on his Honda 400 EX on a recent day as part of a video shoot on the Big can't afford to give up a sport they love (stand. Chang is an employee of Big Island Honda. Peter Sur Hawaii Tribune-Herald [ fins glances Sand Hill looks like a dump. Located 'along the ocean near Hawaiian Beaches in Rma, the Hite is smcwn with trash and car pans. It is one of the only places on [he island where all-terrain vehicles and off- road motorcycle enthusiasts can ride their biker without being prosecuted. They know it is illegal but they have nowhere else to go. Hawaii County is Hawaii's only county without a designated area for off-road motor- cycles and all-terrain vehicles. The population of riders continues grow, but neither the county nor the rider` ENGELHARD will commit to building an off-rood park. An ATV is a small three or lour- 7-H photo Dy Peter Sur wheeled motor vehicle designed to travel An ATV rider makes tracks in the sand after completing a short jump at Sand Hill in Puna on a recent day. over uneven ground DesigneJ in Japan for use on farms, most are now used for Councilman calls for volunteer-built ATV track in Hilo teG~~a~g;~ th<<t,nnt,,d~,;gna,ntl to Puna Cuu Heilman Gary Safnrik 3, will enlist volunteers fmm the and measured molurcn>ns n'ack (or acres near the Hilo Drag Step flit an ol1- is dralYing a resol ulion for an ol7 ofT-road motorcycle and all-terrain people who want to pursue their road pork. However the land minuim un road park to be built next to the vehicle community to add and sport but don't have a place to do it undeveloped lava field. Hilo Drug Strip. grade the soil. in a legal manner;-Safnrik Bald "The county is hurling:' Department ul Tltc resolution- to be introduced "The hottom line for This whole See TRACK, See OFF-ROAD, to a County Cou ndl meeting Sept endeavor is lu provide a safe, legal Page 6 Page 6 OFD-ROAD .9~ TRACK From Page 1 ! * Parks and Recreation Director Erom Page 7 Pa[ Engelhard said. `We Hawaii County has no project beyond his district haven't got enough (money) to public designated place for because of the amount of maintain the facilities that we off-road vehicles. Ten acres illegal motorcycle and ATV hmc. We can't build more` - near the drag strip were set activity in Puna, he said. To give an idea of the eati- azide in 1978. Once the proposed park is muted coat, when Hilti s soccer Under Safnrik's proposal, built, police would "step up fields were Ilooded and coats- volunteers would work with enforcement" of riders who minuted, [he county spent [he Departnent of Parks and trespass on public and private CHANG UNG $120-000 to add 3 inches of .,i~„« Recreation [o level the property, he said. dirt. she said. The soccer fields spokesman, said. The vehicles' ground with a bulldozer and The resolution does no[ covered two acres, Engelhard noise is not a problem in sparse- truck in dirt from Honokaa, include a design of the Auk. said. By [his estimate, the coon- ly populated Ka`n, but hot '7e'.~~,' ~Ii he said. The off-road tom- The community would come ty can't afford to cover 10 acres exhaust can lead to a fire when muni[y would be responsible up with a design, which with sufficiently deep sail. i[ [ouches dry grass, he said. ~ for [he park's maintenance. would require county Same riders proposed to `"They kill a lo[ of vegeta- A~, The estimated cost would be approval. build the off-road park in lion:' Apoliona said. The state i $1Q000 [o $15,000, he said. `It's long overdue," says Hamakua, where din is plenti- needs to beef up its enforce- i~il ' ~ "So the only thing [he Kris Kiser, general manager fol. Engelhard said. She dis- men[ capability, but [hat is county will assume a[ [his of Kiser Houda. "A Iot of agreed: Any facility in the unlikely given its economic sit- - xs~ ~ point is [he liability," he said. ATVs are being sold into the Hamakua District would be nation, he said. Currently, four Riders may be required to community with"a lack of built near populated areas, and enforcement officers work with sign waivers, however. facilities [o use them in a safe, " with that comes noise prob- local police departments to Safarik is involved in a controlled environmenC' lens. patrol the DHHL's 200,000 "The drag strip is already acres of land- T-H photo by William lag there, and the noise is already On Aug. 24, about 100 Motorcycle Stuffs owner Nancy Fujikawa in her Hilo shop. owns most of the valley floor, barrier, pushed to the side. A there;' she said. mo[omyele and ATV riders will which is leased by taro farmers. sign mounted on a nearby t~le- And except for Kelly Chane, embark on a 65-mile race while, [he number of ATV-relat- Private landowners, howev- "Somebody is paying for the phone pole is pockmarked with the off-road community was around Mauna Kea. The event, ed injuries increased by 104 er, are just as determined to dri- land that they're riding on;' she bullet holes and unreadable. unwilling to do the legwork called the Mauna Kea 50, will pemen[, the study found. In ve the riders out of their back- said, adding [he police have The site is marked by a needed to build a track, she said- use remote roads, coordinator 2001. more than 110,000 pen- yards. The vehicles have been ineffective in [he back of prominent littoral cone where, "He was doing everything by Ed Ung said. The promoters go[ Ale were sent [o the emergency become an explosive issue in the valley- according to scientists a[ the himself." Engelhard said. permission from the state room because of an ATV. communities islandwide. Texeira's brother, Iayson Hawaiian Volcano Observatory, Chang is [he state's only pro- Department of Land and Natur- Despite [he injury rate, [he "We dolt need [hem in Wai- Mock Chew, has a taro patch in lava from Kilauea emered the fessional freestyle ATV rider. al Resources and the Pohakuloa off-road motorcycle and ATV pin (Valley). They have got to the middle of the valley. sea in 1840. Tire [racks from According to Chang, about two Training Area community on the island is stop," Debbie Texeira, the Wai- Recreational- ATV riders ATVs and motorbikes meander years ago he became involved The Mauna Kea 50 was a huge and growing, said Motor- pin Taro Farmer Association "don'[ realize whose property around trees and debris. A num- m a dispute with other riders two-day, 200-mile race unGL cycle Stuffs owner Nancy president, said. ATVs cause the [hey are mooing oval" when bar of camps and jumps have - who were trying to give input 1998, when shortages in man- Fujikawa In the business since most disturbance, she said. they take their vehicles into the been built, meluding one with a on the park. When Chang power forced i[ to shut down 1996, she sells six to 12 motor- Especially on weekends, she valley, he said 5afoo[ leap. walked out, work on the track anti{ this year. The first race cycles and ATVs per month. A sees them mating up and down "They go beyond [he county For an illegal off-road park, slopped. was held in 1976. full-size ATV will range in [he Waipio Valley access road, road, and they go down the it looks remarkably well-Bevel- ` "The county keeps telling us. `The motorcycle community pace from $3,500 to $7,000. on back roads in the valley, beach and stuff," he said. The oped. In the past, it was used as `We don'[ have the money or is veq~. very conservation mind- "li s not going [o stop, it's across the beach and through heaviest traffic is on [he week- a dumping ground for cars. the resources,"' Chang said. ed;' he said. "We are very growing, it's going to keep the stream. Texeira made stirs- ends, but they come down at all After hearing complaints He tides on a privately staunch conservationists, and growing;' Fujikawa said of the [inetion between the ATVs used times o[ the day, Mock Chew from residents about a year ago- owned track, but many motor- we ny [o leave a small footprint motorcycle and ATV move- by taro farmers and by recre- said. "Iis just iritafing:' DLNR officials found that most ' cycle and ATV riders do not wherever we go;-he said. meat. She estimated several ational riders. For now, the riders. landowm of the area known as Sand Hill have the money to do so. "It-s tun," he said of off-road thousand riders on the island. "So [hey think it's a big play- ers and the government are a[ a is on private properly. DLNR "The problem the Big Island vehicles. "Before everything Building an off-road park ground, but it's everybody's stalemate. With riders and offs- Land Division agent Wesley has is we got the most land and else, ii s fun. [t's healthy fun:' here would contribute [o ew- refrigerator," Texeira said. Peo- trots unable to make the parka Matsunaga said. He could not nothing to do with it Maui, "There are a lot of good pen- nomic growth by bringing in Ale come from as far away as reality, the motorcycle and ATV recall who owns [he land. Kauai, Oahu all have [racks;' he Ale who ride ATVs:' said Puna riders from off-island, she said. Kona to ride, she said. riders must go where they caa Bariers were placed a[ the said. Building one on this island community police Officer It would cos[ [he county about Vehicles going downhill Some trespass on private land. entrance of [he site, he said. but would also keep kids focused Michael Leite. "I think there's a £60,000- she said. most yield to vehicles going Others go Co Sand Hill- [hey appeared to have been - and off drugs, he said. problem right nou~ -they don'[ Fujikawa believes the county uphill, but ATV drivers disre- Sand Hill has become so moved some time ago. On Chang estimates [here are have a place [o ride:' discriminates against off-road Bard the warnings, she said. popular for ATVs and motor- Monday afternoon, a lone ATV about 300 motorcycle riders on It's also unsafe. A study of motorcycle and ATV riders. She sees ATV drivers over- bikes that several nearby resi- rider zipped across the sand. the island and a similar number ATV-related injuries was "Absolutely [hey do," she take four-wheel-drive vehicles dents refuse [o speak on the "The police say, 'lust s[a) - of ATV riders. released in ]anuary by the 0.S. said. `There's no doubt in my on the narow road. record. Tearing hamssnent. off the road:' Chang said. "I[ s Of(-road motorcycles and Consumer Product Safety Com- mind `Tis }ust an accident wailing Alter half a mile oC potholed the only place (where) you can ATVs create wildfires in the missoa 'The people have no place co to happen;' she said. dirt road alone [he Puna shore, oo down now and just hate South Point area of the island, Beoceen 1997 and 2001- the ride. and They're no[going to go In addGon, Texeira noted the the entrance to Sand Hill is fun:' Francis Apoliona, a Department number oC ATV drivers away;'she said. "And [he coon- ATVs trespass on private prop- marked by the blue shell o(a p~rai Sur can hr readied u. of Hawaiian Home Lands increased by 26 percent. Mean- ty s being shortsighted:' airy- Kamehameha Schools Volkcwugon Bug and aconere[e pate.@hon nBinbune-hernfd rnni ATV Riders of Hawaii - By Laws Adopted October 1, 2002 Article I -Name The name of this organization shall be the ATV Riders of Hawaii. Article II -Existence This corporation shall exist in perpetuity unless dissolved. Article III -Purpose The purpose of this organization is to promote and advance ATV recreation in a safe and law abiding manner. It will represent ATV owners on the Big Island and in the state of Hawaii in order to promote a healthy image for all ATV enthusiasts. It also will work to develop relationships with major landowners, county, state and federal officials to gain access to riding areas for families to enjoy for many years to come. The organization will serve the local ATV community and promote safe, recreational and responsible ATV riding as well as educate the community on local laws and proper land use. The ATV Riders of Hawaii will do and perform any and all acts of things necessary proper, or convenient or incidental to the furtherance or carrying out of the powers or purposes herein mentioned. This corporation is organized exclusively for charitable, literary, and education purposes, including for such purposes, the making of distributions to organizations that qualify under section 501(c)(3) of the Internal Revenue Code or any corresponding section of any future federal tax code. No proceeds of the corporation will enrich any individual except that reasonable compensation may be paid for services to the corporation. If the corporation is dissolved, any assets remaining will be distributed to another corporation serving a similar purpose and qualifying as atax-exempt, charitable organization under the provision of 501(c)(3) of the Internal Revenue Code. Article IV -Membership Section 1 The membership shall consist of local volunteers, both men and women, adults and youth, sponsors and other community leaders; school, church and civic officials; having an interest in off-highway vehicle recreation. Membership in this organization shall be determined on a non- discriminatorybasis without regard to race, color or national origin. Section 2 There shall be at least six (6) people comprising the total organization membership for it to continue. Section 3 1 The term of membership shall be annual. Each member shall be entitled to one vote. Section 4 A member may resign from the club at anytime. Section 5 Members may be expelled for conduct unbecoming a member of the club, but charges must first be made in writing and the accused member given a hearing before the executive board. The executive board shall take evidence and report its findings to the club with the recommendation that the charges be considered proven and accused member be expelled, or the charges be considered not proven and the accused remain a member of the club. The club shall then vote whether the recommendation of the executive board shall be adopted. It shall require atwo-thirds vote of the active members present and entitled to vote to veto the recommendation of the executive board. Section 6 Application for membership must be recommended by two active members of the organization in good standing. On payment of dues, the applicant will be placed on probation for three months. Afterward, his/her conduct being satisfactory, he/she becomes a member and entitled to all privileges of the club. Section 7 All members are effected to wear appropriate gear while operating an Off Highway Vehicle and conduct themselves in an appropriate manner. Article V -Officers Section 1 The officers of the organization shall be the President, Vice President, Secretary and Treasurer. Section 2 The officers shall be elected at apre-determined annual meeting of its members for a term of one (1) year. Officers maybe elected for consecutive terms. Section 3 Election of Officers will take place at the first meeting of the new fiscal year by the members present. All members having current dues paid will be eligible to vote and be nominated for election. Section 4 2 a. The president shall be the chief executive officer for the organization. He/she shall preside at all meetings of the organization and shall be chairman and preside at the meetings of the executive committee. The president shall appoint the members of all committees. Helshe shall sign all documents requiring an official signature and shall perform all other duties incidental to the office. b. The vice president shall perform the duties of the president in the absence or in capacity of the president. The vice president shall automatically become president of the organization upon the resignation or death of the president. In the event the vice president becomes the president, a new vice president shall be elected to fill the vacancy. c. The secretary shall keep an accurate record of the activities of the organization. Its executive committee shall issue all notices of the organization meetings, shall be responsible for the correspondence of the organization, shall prepare and keep a listing of all chair and members of special/standing committees for the current and two previous years. d. The treasurer shall keep an accurate record of all monies allocated to the organization, shall supervise the disbursement of the funds subject to the direction and approval of the executive committee and serve as chair of the finance committee. Vacancies occurring in any of the offices due to illness, death or other incapacity to comply with assumed duties shall be filled by election by organization members except in case of president, when the vice president shall succeed to chair. As noted in Article 5, section 4b. Article 6-Executive Committee Section 1 The executive committee shall be composed of all the elected officers and the immediate past chair. Section 2 The functions of the executive committee shall be: • To perform the essential organization activities that must be acted upon between meetings of the membership. • To formulate and recommend programs and activities to the members of the organization for their consideration and approval. • To identify and help formulate other committees necessary to further the purposes and functions of the organization. 3 • To carry on such other business as may be delegated to it by the organization membership. Section 3 The executive committee shall meet in sufficient time prior to regular meetings to formulate the agenda and have it printed for meetings and on other occasions as called by the chair. A majority of the executive committee members must be present to constitute a quorum for the transacting of business. Article 7-Fiscal Year The fiscal year of the organization shall be from January 1-December 31, inclusive. Article 8-Meetings An annual meeting of the membership shall be held 5:00 p.m. on February 1st of each year. Whenever such day shall fall on a legal holiday or weekend, the meeting shall be held on the next business day at the same hour. Monthly meetings of the organization shall be held at 5:00 p. m. on the first Thursday of every month except the month in which the annual meeting falls. The regular monthly meetings of the membership shall be to conduct the business of the organization as outlined under Article 3. More specifically, the monthly meetings shall be for the following: • To approve, reject, amend or refer back to the committees for further study reports for special or standing committees. • To introduce new ideas with requests for the president to appoint committees to make further studies and report back the recommendations to the organization. • To evaluate reports of completed activities, projects or programs and make suggestions for improvement. • To provide members with information concerning programs helpful to them in their efforts to address needs. Special meetings of the organization maybe called by the president, the executive committee or upon request of any five (5) members. Notice shall be given to all members of the organization at least one (1) week in advance of all meetings giving the date, time and place of meeting. (Exception -amendment of the by lams shall require a 10-day notice) The members present at a regular or special meeting shall constitute a quorum for the transaction of business. Each current member shall be entitled to one (1J vote. Article 9-Committees Committees deemed necessary by the executive committee shall be appointed by the president. The members of all standing committees shall serve for a period of one (1) year, 4 such period to be concurrent with the fiscal year of the organization. Ad hoc committee members shall serve in accordance with the charge to that committee. Article 10-Quorum Those duly elected members present at any regular orspecially-called meeting will constitute a quorum. Article 11-Amendments Amendments may be made at any annual, regular or special meeting by atwo-thirds vote of those members present and voting provided the proposed amendment was submitted in writing to the membership at least ten (10) days prior to the meeting. Article 11-Parliamentary Authority Robert's Rules of Order shall govern the official proceedings of the organization not otherwise specified in the by laws. 5 . • ~ • ~ ~ . An unwritten code of ethics governs much of an OHV rider's behavior. OHV ethics thus relies on an honor system and encourages responsible use of all off road vehicles. The ATV Riders of Hawaii pledges to adhere to the following code of ethics: 1 will respect public and private property. • I will use only OHV-designated areas and established trails. • I will respect the rights of all outdoor users. • I will not litter. • I will respect all natural areas and minimize my impact. • I will obey all laws pertaining to the use of off-road vehicles. I will always think about safety. I will always wear proper safety gear when operating an OHV. RULES WE RIDE BY: •Ride with Respect to the Land •Ride with Respect to Others •Represent A Good Sportsmanship Attitude •Respect Trail Signs •Maintain A Positive Effect on the Community As a member of the ATV Riders of Hawaii (AROH), I will uphold to the standards of the OHV Operator's Pledge and abide by the rules governing safe and responsible off highway vehicle riding. I understand that non-compliance to the OHV Operator Pledge and the Rules We Ride By may impact my membership status with AROH. Name (Print): Signature: Witness (Print): Signature: Dated this day of 200_. •+++xxxwwwxwwwwwxwxxxxxwwwxxwwxwwwwwxxxxxxwwwwwwxwwwwwwxwwwwwwwxxwxxww•wwwxxxxxwwxwwwwwwxwwwwwwww Accepted by AROH Representative (Name): Office Held: Date Received: ATV Riders of Hawaii -Membership Application Application for Membership -Year 2004 Please complete the following information and return with the necessary fee. Membership Fee: $15 Family $10 Individual Name: (Last) (First) (Mitltlle Initial) Address: City: State: Zip: Home Phone # ( ) - Cell Phone # ( ) - Email Address Age(s) Do you wish to have your name and Email address listed on the club's website? (Circle one) Yes / No Make of ATV /Dirt Bike / OHV Model: Year: Make of ATV /Dirt Bike / OHV Model: Year: Occupation or Profession: How did you hear about AROH? Affiliations /Other Clubs: Membership year is January 1a'to December 31 at. Membership ID's will be distributed during meetings and events. By signing below I / we are stating that we have read and agree to adhere to the Club By Laws. (Signature) (Date) (Signature) (Date) «FOR OFFICE USE ONLV» Membership Type:_ New or -Renewal Check # Cash: Date: Amount $ Membership # Received By: