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RES 507 Draft 01 2004-2006
NTV ar M COUNTY OF HAWAII STATE OF HAWAII R O~ N~ RESOLUTION NO. 507 U6 A RESOLUTION SUPPORTING THE PARTNERSHIP DEVELOPMENT OF AN OFF- HIGHWAY VEHICLE RIDING FACILITY IN THE HAMAKUA DISTRICT. WHEREAS, for the purposes of this resolution, Off-Highway Vehicles (OHV's) mean motorcycles intended for off-road usage, commonly known as Dirt Bikes, and All-Terrain Vehicles, commonly known as ATV's or Quads; and WHEREAS, the integrity of this resolution is maintained only if the following conditions aze satisfied: The potential OHV riding facility; 1. Meets or exceeds State standards for noise control, as indoctrined, interpreted and applied by the Department of Health. 2. Is developed with the input and concerns of any surrounding community taken into account. 3. Causes no relevant damage to existing ecosystems, burial sites, heritage corridors or other similaz considerations. 4. Includes an ample roadway to and from the facility with considerations for the passage of emergency vehicles. 5. Operates with specific regulations regarding acceptable behavior, recommended safety gear, hours of operation and reasonable methods employed to assure accountability. 6. Maintains important sanitation standazds - at least one (1) toilet - at least two (2) trash cans; and WHEREAS, this partnership, to include the County of Hawaii and its citizens, may also consist of State, Federal and/or private agencies/interests; and WHEREAS, the County of Hawaii may contribute towards the development of an OHV riding facility in Hamakua: 1. A portion of, or all of the land required. 2. Funding in the form of cash. 3. Funding in the form of in-kind contributions such as; - administrative costs relating to any County-performed permits, assessments, surveys, etc. - consultation (legal, financial, research and development, planning, etc.) - general support in the form of media releases, networking groups of volunteers and other educational outreach methods; and WHEREAS, volunteers from the immediate and surrounding community may provide the required manpower, track design, track creation, track maintenance, crucial oversight mechanisms and other important components they are capable of providing; and WHEREAS, the success of both the Upper Waiakea ATV/Dirt Bike off the Stainback Highway and the Dirt Bike and ATV racing track in Pana`ewa, sponsored by 808 MX/ATV, serves as evidence of both the potential for the creation of an OHV riding facility and its need; and WHEREAS, the addition of an OHV riding facility in Hamakua would benefit the County by: 1. Further reducing the illegal, inappropriate and unsafe operation of ATV's and Dirt Bikes. 2. Providing an appropriate riding area for those that have invested heavily in these vehicles. 3. Affirming that the County believes OHV riding can be a very positive recreational opportunity, rooted in family values, promoting good health, happiness and sportsmanship; and WHEREAS, on October 5, 2006, Department of Land and Natural Resources representatives Irving Kawashima (DOFAW) and Edwin Shishido (DOCARE), ATV enthusiast Alan Mefford, Dirt Bike enthusiast Tony Ferreira, Council Member Fred Holschuh, M.D. and his legislative assistant, Jon Henricks, met with Mayor Harry Kim, Parks and Recreation Director Pat Engelhard, Parks and Recreation Deputy Director Pam Mizuno and the Deputy Director of the Finance Department, Nancy Crawford to discuss the potential for the partnership development of an OHV riding facility in Hamakua; and WHEREAS, during the course of this meeting, Mayor Kim stated that he would be willing, on behalf of the County of Hawaii, to accept and strongly consider detailed proposals to develop an OHV riding facility in Hamakua; and WHEREAS, Mayor Kim further stated that the County of Hawaii, as an effort to encourage an excellent proposal, would pay a service fee to any qualified person(s) to develop said proposal(s); and WHEREAS, a preliminary proposal for the creation of OHV riding facilities with anecdotal and supplemental information is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED that the Hawaii County Council supports the partnership development of an OHV riding facility in Hamakua. BE IT FURTHER RESOLVED that the Hawaii County Council believes that the County of Hawaii should provide reasonable assistance with the development of this OHV riding facility. BE IT FURTHER RESOLVED that this Council encourages the development of serious proposals detailing the provisions and requirments to develop an OHV riding facility in Hamakua to be submitted to the Office of the Mayor. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Director of the Department of Finance, the Office of the Mayor, the Office of the Corporation Counsel, the Director of the Department of Parks and Recreation, the Director of the Department of Planning and the Director of the Department of Research and Development. Dated at Hilo , Hawaii, this 29th day of November , 2006. Introduced by: ~~a COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAxI x HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH X County ofHawai`ion November 29 2006 IKEDA ISBELL X ATTEST: JACOBSON g PILAGO g SAFARIK _ 9 0 0 0 C-1161/PSPRC-40 Reference: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. rJ(1~ u6 Rectifying the Lack of Appropriate Riding Areas for All- Terrain Vehicles and Dirt Bikes (Off-Highway Vehicles): A Proposal Prepared by the Office of Fred C. Holschuh, M.D. -Council Member, District 1 March 2006 Amended June 2006 and October 2006 Background: Currently, there are two recognized legal and public riding areas for Off-Highway Vehicles (OHV's) on Hawaii Island.t The first, an ATV and Dirtbike riding area off of Stainback Highway in the Upper Waiakea Forest Reserve that is sponsored and supported by the State of Hawaii. This facility, overseen by the Depaztment of Land and Natural Resources (Division of Forestry and Wildlife; Na Ala Hele Trails Program), was created with a $12,000 capital investment and largely developed through the efforts of dedicated volunteers. The second is located in Pana`ewa, adjacent to the landfill near the drag strip. This was a County initiated effort, supported by Council Member Gary Safazik (District 5) and implemented by nonprofit groups interested in the completion of this facility. The County's Department of Pazks and Recreation worked closely with these nonprofit groups throughout the development of the facility located in Pana` ewa and has drawn up a memorandum of agreement with the nonprofit group, 808 MX/ATV, to ensure this facility will be supervised, maintained and meets all insurance and liability criteria. Problem Areas: The purchasing of OHV's, particularly ATVs, is a growing phenomenon. The office of Council Member Holschuh (District 1) is currently researching exactly what the growth rate of sales for OHV's is, at this time we only have estimates and "educated guesses" that sales aze increasing significantly. John Richards, Operations Manager at Kahua Ranch, estimates that there are between 12,000 and 15,000 ATV's on Hawaii Island? This estimate is based on industry data that Mr. Richards is privy to as a licensed dealer for Kawasaki Motorsports. Please note this estimate does not take Dirt Bikes into account. If the low end of this estimate is applied to the actual population of Hawaii County, which the U.S. Census Bureau estimates to be 167,293, approximately 7 out of every 100 people on this island owns and operates an ATV. However, due to the fact that there are NO regulations regarding these vehicles in the State of Hawaii (Exhibit A), including requirements that they be registered or licensed, there is no discernable method to accurately count the number of ATV's and Dirt Bikes on the County of Hawaii. Our research thus far has provided a substantial level of confidence that a significant portion of this influx of ATV's and Dirt Bikes are being operated illegally on sites completely inappropriate for their use - be they private, county or state lands/roadways. This fact is disturbing for several reasons. • First, when these vehicles are operated illegally on said azeas, there is NO way to ensure safe riding environments for the operators as well as innocent bystanders who use these areas legally. Please see exhibit B. 'For the purpose of this document, OHV's are defined as All-Terrain Vehicles (ATV's) and Dirtbikes. 2 Several efforts were made to determine the exact number of ATV's on Hawaii County. This included contacting barge companies to track shipments of ATV's onto the Island and asking dealerships to report how many ATV's they have sold for the previous five fiscal years. Neither effort was effective; as shipping records are not detailed enough to draw usable data and dealerships would not provide confidential industry data. -1- • Second, operation of these vehicles at inappropriate sites causes conflicts between the operators and those in the wake of their activity. Please see Exhibit C as evidence that riding of these vehicles at inappropriate sites has caused violent clashes resulting in injury and serious criminal charges. Furthermore, backyard tracks tend to work for only one element within a community, those that created and enjoy these outlaw tracks. • Third, we have an obligation as a responsible government body to provide safe, supervised and sanctioned areas for our citizens to participate in their respective recreational choices. OHV riding can be an extremely family-friendly activity, promoting a healthy lifestyle and positive choices. The County should consider viewing this recreational outlet as a positive form of recreation, rather than a nuisance with a criminal element attached to it. Without appropriate riding azeas available, it is difficult, if not impossible, to make this transition. Proposal: There is a remedy to this situation that is both simple and complex at the same time. Creation of the facilities at the Upper Waiakea Forest Reserve and Pana`ewa provides the answer to this dilemma, in part. 1. Acknowledging that we, as a County, have a responsibility to provide our citizens with safe, supervised and sanctioned areas to operate OHV's is the first step in rectifying this matter. This acknowledgement is developing, i.e. the creation of the two aforementioned facilities. 2. The second step is to put forth resources to demonstrate to the community at large that we are making a serious and strident effort to alleviate the burden of these vehicles on our roadways, protected forest azeas, beaches, etc. 3. The third step is to actively pursuit the leaders of the communities that operate these vehicles -the stakeholders -and incorporate them into this process. These stakeholders, as they have for both of the previously mentioned facilities, are the key to the sustainability of these sites. This includes maintenance of the facilities, creating rules and criteria that will be strictly enforced and protecting the County and State against liability for injury or property damage. Long Term Vision: Creation of five facilities, spread out to accommodate all residents of Hawaii County, is an ideal goal. These facilities would allow for year-round riding opportunities to all those that comply with the rules and regulations set forth. They would be located, ideally, as follows: • A Hilo Track (the Upper Waiakea Forest Reserve and Pana`ewa Facilities are more than sufficient for this region) • A Hamakua Track (located at an appropriate midpoint between Waimea/Kohala site and Hilo site) • A Waimea/Kohala Track (to accommodate the Northern segment of population) • A Kona Track (located at appropriate midpoint for Kona users) -2- • A Ka`u Track (to accommodate users in the Southern Puna, Pahoa, Ocean View and Ka`u regions) Short Term Goal: Creation of these five facilities would be optimal, as it would provide operators of these vehicles a safe, supervised and sanctioned riding area - no matter where they reside. However, it is recognized that a journey of a 1,000 miles begins with a single step. It would appear that this step has been taken, with the implementation of the Upper Waiakea Forest Reserve and Pana`ewa facilities. To keep this momentum flowing in a forward direction, we would like to propose the creation of an ATV/dirtbike riding facility in the Hamakua area, as a stepping stone to realizing the ultimate goal of riding azeas strategically placed across the island. This proposed facility site, like its predecessors, would provide a model for the other proposed regional sites. Methodology: This Office will continue to work with State (DLNR and others), County (Office of the Mayor, and respective administration) and Private entities (Kamehameha Schools, etc.) on securing an appropriate site for said facility. This may be the most difficult step in creating this proposed facility. This Office fully comprehends the conditions that must be met, which include conservation concerns, environmental assessments, seclusion from the general public (as to not cause a nuisance to residents and other parties), appropriate land use, etc. are indeed significant and important obstacles to the overall process. However, these significant obstacles should NOT be considered insurmountable. Partnership is the key. We will require the support and assistance of the Office of the Mayor, our governor and the local riding groups to see this crucial step come to fruition. It can be done, as illustrated by the facilities at the Upper Waiakea Forest Reserve and Pana`ewa. Finding volunteers to steward the creation, implementation and sustainability of this proposed facility is extremely important as well. The Department of Parks and Recreation is not in a position to create, operate and maintain a facility as proposed. There are members of the immediate and sun•ounding community ready to take this task on, if provided the opportunity to do so. Over time, volunteerism has demonstrated to be a fantastic and dynamic resource for civic improvement. When the people of the land, not bureaucrats, politicians or employees, get involved, the outcome is most often positive, rewarding and sustainable. Some funding will be required to get this project off the ground. An initial investment, even as relatively small as $20,000 could be quite significant, considering that the Upper Waiakea Forest Reserve facility was created with an initial investment of only $12,000 and the Pana`ewa facility with only $20,000 to date. The true "cost" of the creation of facilities such as these comes from the `blood, sweat and tears' of those members of the community that come forward to "make it happen". -3- Summary: This is a draft proposal, an initial foray into what could be an excellent partnership between the state, county and community to address a critical need. The details of this proposal are all subject to modification and suggestion. The bottom line is that this Office believes that we have a strong obligation to our people to provide reasonable riding areas for OHV's. There are already too many of them on our roads, mountains, pastures, beaches and other pristine areas to turn back. The people have spoken through the power of their rampant purchasing of ATV's and Dirt Bikes. We not only need to accommodate them, but all those left in their wake. Through education we can teach safety and when and where to ride. Through enforcement we can remove those that choose to make this a criminal activity. Through the creation of appropriate riding areas, we can provide positive options and therefore make education and enforcement true directive forces. -Please review the additional items, Exhibits D-O. These supplemeutal items provide critical information in support of this proposal. -4- Please see Exhibits A-O A -Delineates lack of state controls and regulations on ATV's (Page 7) B -Media brief on ATV death occurring on an Oahu Highway, collision between ATV and a car resulting in ATV rider fatality (Page 8) C -Article demonstrating clashes between riders and residents (Page 9) D -media release of recent death caused by ATV riding in an inappropriate area (Page 10) E -media release of recent death caused by ATV riding in an inappropriate area (less than one month after previous report) (page 11) F -Communication from the Office of the Mayor showing support for Pana`ewa facility (Dated January 15, 2004) (Page 12) G -Excerpts from minutes of January 22, 2004 council meeting discussing the proposed facility site at Pana`ewa -Key testimony from public as well as remarks from county officials regarding the overall issue. (Pages l3-18) H - Hawaii Tribune Herald article, dated 8/10/03, detailing growth of ATV usage and illegal riding (Pages 19-20) -s- I - Hawaii Tribune Herald article, dated 3/7/06, detailing opening of new track at Pana`ewa (Pages 21-22) J -Honolulu Advertiser article, dated 5/1/06, documenting frustrations of riders here on Hawaii Island. (Pages 23-24) K - Hawaii Tribune Herald article, dated 9/9/06, detailing enforcement efforts to combat illegal riding. (Pages 25-26) L - Hawai` i Tribune Herald article, dated 9/08/06 -police impounding off-road vehicles (4 ATVs, 1 Dirt Bike) (Page 27) M -Award received by DLNR for Upper Waiakea ATV/Dirt Bike Park. (Page 28) N -Upper Waiakea ATV/Dirt Bike Park Management Plan (Pages 29-31) O -Upper Waiakea ATV/Dirt Bike Park Volunteer Workforce Proposal (Pages 32-36) -6- Exhibit A ¢k~S~t~P-[11~I1~1gY~E~ STATE ALL-TERRAIN VEHICLE REQUIREMENTS %4T1E!flCad a ®20015VIA AUGUST 2003 This chart Is wmpied by SVIA'a Govemmenl Relations Office. It will be updated annually as state legislatures enact or amend AN requkements. Please contact SVIA for addaional Information wwaming ANs a for add0ional copies of this chart. EOUPMEM REQUIREMENTS m O O ~ ZF j O ~ ~ < a O ~ W G m 7 Ta~4Il W Ym g LL y j aZ ~ ~jUF ~ m IL aW ~ G N m u. WLL- m~ GW w ~ S f w t U Z apw m 7 arc r Stile ~ ~ ~ mWU J m f ma o G D 37 Alabama Akska 7dDS qIV Arirona •sC O OHVIAN zewrosls50" Atlronsas •A 72D -0 C X Z AN Se00kN575' CaAfaNa M 14EM, 18Enaa £n -0 •X i(E Z OHMV/AN SBOOIbaI550" Qdaada •BQE •EG CHE •ICE CE Z OFN CamxlkU •A •F 12E, ifiEe d n wE w Z AN S60M1s1550" Dalwrero •AC 72D -0 iC 4C~ J OHV ael arcs. 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Prdibked exepl to Doss higlwey t Fxapl O engaged m agdwautal actlvitles K Appfoved halnal a. UNess salary ceNfieak Ia poasessetl s. Spedd pmNSbnsfor operetlon on gllhough Oas Hart rapresems l 16 aq. bt.lelledive maleddmearA aWe b. Fa ages lZ-15 e1lolltlars lafarm use infamallan hen lie moat a AN c Fa ages iLL15 t Fa 3-wheel ANe wNwilagve aoaces awdlabk, M. llNess aupeniEW by paremama d. Under age l6 u. Fa ANa werflOw SVIA is nol2spondbb for designee erW dOla has safely cerORrale e. Dudrg dayYghl boon Dory ~ v. FaaA ages; undo age 7B must wmplele accvecy a smplelanaas. Mary a is xperviaetl by adult calm certificak t. If issued to Persons age 12-15, not valid salary cease tl Ole pms7siw aummarhed N. Prdabiktl eacepl la rmsa tggMvry 8 by fa ANs > npCC unless Inlnirg coupe w. Sak k ands ego 16 prohibked tmrein have ssceptlaw and may ngislered ANs wM d a mac wheels 8 conpkled on AN> flOCC a able b reach s. Sak dAN over 90cc far use under age ~ require lurtlror axpMnatlm. M is 2w ce or mac haasebars a kolpegs 76 prtldNlatl rlecassary W referk Hw ecNal O. Hertel gar'3-wheelers); Oag an wHp, as g. Allowed ra agdaatural purposes y. Additiond pmMsbns apply; law Ica laws art re9ukgana fa aperifw specified ton art ANs) h. Helmet aw rye protection cempbx W summarize cemplelelY deklls. P. Mual have gcmae ar Ieamels permit a I. Fa persons uMer age to z Pumnsed ells 12/31A13 be accompaNad byGcenaee aby parem j. For ATVS 70-90cc pass ll ATV>BOOIbsASP O. Allowetl es spedfied M law _7. 1235 Jegerson Davis Hwy. • Suite 600 • Adinglon, VA 22202-3261 • (703) 416-0444 2 Jenner Street • Suite 750 • Irvine, CA 92618-3912 • (949) 727-7727 Exhibit B Print version - ©COPYRIGHT 2006 The Honolulu Advertiser -Hawaii's Newspaper , a Page 1 of 4 ~~~uA~~~~trsel~,c~~ Posted on: Tuesday, June 20, 2006 HAWAII BRIEFS Man, 30, dies after ATV crash Advertiser Staff A 30-yeaz-old Wal'anae man has died of injuries suffered when an all-terrain vehicle on which he was riding collided with a car late Friday night. Richazd Matautia died at 10:30 a.m. Sunday, the city medical examiner's office said. He had been taken to The Queen's Medical Center in critical condition. Authorities said a 2006 Volkswagen Jetty driven by a 27-yeaz-ald man collided with Matautia's ATV at about 10:20 p.m. on Farrington Highway, neaz the entrance to Wal'anae Regional Park. Matautia suffered head injuries, the medical examiner's office said. The driver of the Jetty and his female passenger were unhurt, police said. -8 Exhibit C Page 1 of 1 "~krr~ -Print Page Accused of attempted murder A Big Island judge has ruled that a 56-year-old Hilo man accused of trying to run down three people in December must stand trial for attempted murder and terroristic threatening. s° According to police, two men and a juvenile were riding all-terrain oaMOs vehicles and a'dirt bike on Mahiai Street when John M. Damon Sr. approached them during a momentary stop and threatened to harm them'if they continued riding in his neighborhood. He then allegedly drove toward them several times before running over one's foot. The victim was treated at Hilo Medical Center and released. At a preliminary hearing Thursday, District Judge Barbara Takase ruled that prosecutors have enough evidence to take Damon to trial in Circuit Court to face charges of second-degree murder and three counts of first-degree terroristic threatening. Damon' hearing was delayed until Thursday because his attorney, Eric Seitz, was tied up in another case on Oahu. All rights reserved. Copyright p 2006 Hawa!l Tribune Herald. Content on this site may not be archived, retransmitted, saved in a database, or used for any commercial purpose without the express written permission of Hawaii Tribune Herald. blase Window rxl -9- Kona Fatality 09-23-OS Page 1 of 1 Exhibit D HAWAII POLICE DEPARTMENT TRAFFIC ENFORCEMENT UNIT OFFICER NORBERT SERRAO JR. PHONE: 961-2332 OCTOBER 22, 2005 005035966 M E D I A R E L E A S E A 49 year-old Captain Cook woman died Saturday (October 22, 2005) from injuries sustained when the ATV she was operating ran off a private driveway and struck a tree. The victim was identified as Jeanne Moriguchi. Responding to a 12:29 p.m. call, Kona Patrol Officers determined that the victim was operating a 1986 Honda 350 ATV type vehicle west on a private driveway near the end of Rock Bottom Road in South Kona, when she lost control of the ATV, ran off the driveway and struck a tree. The victim was then transported to Kona Community Hospital where she was pronounced dead at 3:20 p.m. The victim was not wearing a helmet at the time of the crash. Traffic Enforcement Unit officers have initiated a Coroners Inquest case and an autopsy has been ordered to determine the exact cause of death. In that this occurred on a private driveway, this crash is not classified as a Traffic Fatality. # # # -10- Hamakua Fatality 11-17-OS Page I of 1 Exhibit E HAWAII POLICE DEPARTMENT TRAFFIC ENFORCEMENT UNIT SERGEANT CHRISTOPHER D. GALI PHONE: 961-2332 NOVEMBER 16, 2005 005039063 M E D I A R E L E A S E A 64-year-old Honokaa man died Wednesday (Nove'mber 16, 2005) from injuries he sustained in an All Terrain Vehicle (ATV) accident at his residence on Pikake Street in Honokaa. The victim was identified as Ralph P. Schipa, Jr., of Honokaa. Responding to a 3:06 p.m. call, Hamakua patrol officers determined that the victim was riding his Yamaha Grizzly ATV up his gravel driveway when he ran off the right side and hit a tree stump. The victim was transported to the North Hawaii Community Hospital by Fire Rescue personnel where he was pronounced dead at 9:30 p.m. It is unknown at this time if speed or alcohol were involved. Traffic Enforcement Unit officers have initiated a coroner's inquest case and have ordered an autopsy to determine the exact cause of death. Being that this fatality occurred on private property, it is not counted towards the island's traffic fatality count. # # # -11- Exhibit F . _ Harry Kim Dixie ICaetsu Mayor Managing Dircctor A'ei'i~i ~OU1Ctp Of ~Ii~UOI`I 25 Aupuni Sveet, Room 215 Hilo, Hawari 94720A2S2 • (808) 941-8211 • Fax (808) 961-6553 KONA: 75-5704 Kuakini Highway, Suilc 107 Kailua•Kona, Hawaii 94740 (808)729.5224 • Fax (808)324-ififi3 January 15, 2004 The Honorable Gary Safarik ~'v~ Council Member A- --BY-- Hawai`i County Council tw ~'~~~I~-rF' C 25 Aupuni Street Hilo, Hawaii 96720 Re: Dirt Aike/ATV Track Dear Council Member Safarik: Thank you for the opportunity to review and provide comments on the proposed bill to amend the capital budget by appropriating $50,000 for materials and construction of a recreational and safety training area for the dirt bike and all-terrain vehicle community. The proposed location is at the Hilo Drag Strip, but it will serve the entire island. Volunteers from the community will assist in the actual construction of the track. 1 understand that the Department of Pazks and Recreation has been involved in the panning of this project, and supports it. I also support this worthwhile project, which we hope will reduce illegal dirt bike/ATV riding on public and private roads and highways and allow police to direct traffic violators to a legal designated area. Please be aware, however, that if [his appropriation bill passes, there is no source of funds set aside for the project at this time. I CKim MAYOR cc: Patricia Engelhard, Director of Parks and Recreation Comm. No. - 12 - Ref. Toa ~rgad~a~ Ref. Date~~ Exhibit G -excerpts from 1/22/04 council minutes Please note that many of these comments talk about the notion of creating island-wide facilities and how overdue addressing this issue is. These comments were made over two years ago, yet we find ourselves in virtually the same set of circumstances, with even MORE of these vehicles on our island. The Chair called Jon Olson. who made the following statement in support of Comm. 460 (Bi11215) adding the Dirt Bike/ATV Track project for $50.000 to the Capital Budget: MR. OLSON: Yes, good morning and thank you. I'm here to support our Councilman Safarik's bill to appropriate some money for the ATV park. This is a good activity, it's a good family activity, and I hope that this will be just the beginning of some kind of a relationship with the County to provide more of these island-wide. Again, we're not providing enough outdoor activity for youth and family. This is the type of thing people wish to be involved in. they wish to have their families involved with, and I'm glad to see that it's finally getting here. You know, more than a decade ago, when Puna Friends of the Parks did an assessment in the Puna area, this was one of the items that came out very high in terms of something the community wanted to see done. Even the people who were non-riders recognized it would reduce road use of otherwise non-road vehicles in their communities; it brings you some choices in terms of deciding where noise and other types of activities that are not desirable in the broader community would be appropriate. So, we need to provide these activities and an area for people to do it. So, I hope this moves forward and is just the beginning. -13- Exhibit G -continued The Chair then called Karen Uemura, representing the ATV riders of Hawaii, who read the written testimony of Jiro Sumada, Land Manager with W.H. Shipman (see Comm. 460.2), and the following from Gary Shimahukuro of Laulima Hawaii, in support of Comm. 460 (Bill 215).) adding the Dirt Bike/ATV Track project for $50,000 to the Capital Budget: "Dear Councilmembers: I am writing in full support of county appropriated funds to help the ATV Riders of Hawaii with its mission to provide the people of the Big Island with a designated area for diverse, off-highway recreational activity. As a drug education trainer, I know full well the dangers, tragedies and heartaches brought about by the drug problem on this island. The ATV Riders of Hawaii are asking for your support not only with funds to carry out their mission, they are asking you to engage with them in their efforts to seek alternatives in reducing the growing incidences of illegal and reckless trespassing on private lands, to teach youngsters about protecting the land and environment and to encourage healthy lifestyles as ways in which to promote alternatives to using illegal drugs. I believe that it is only through the collaborative efforts of concerned Big Island citizens and its leaders in government that you will be able to keep the Big Island, indeed, a nice place to live. It is my hope that the County Council members can recognize the need for development of a designated site proposed by the ATV Riders of Hawaii for off-highway enthusiasts and their families here on the Big Island. I am in full support of their efforts. I ask that you give them yours. Gary Shimahukuro. Laulima Hawaii" -14- Exhibit G -continued The Chair then called Gerald Santiago, representing ATV Riders of Hawaii who made the following statement in support of Comm. 460 (Bi11215).adding the Dirt Bike/ATV Track project for $50,000 to the Capital Budget: MR. SANTIAGO: Good morning. I'm here today representing the ATV Riders of Hawaii. As all of you know, I'm in full support of Bi11215. 1 wanted to briefly tell you why I'm in support. It is fun, it makes for good recreation. But most of all, the environment is being thrashed as we speak in places like Waipio Valley. Parker Ranch. People are in outrage because their beautiful island is being damaged, and it's simply because we do not have a place to do this. So it's good for the environment number two, it's good for the families. Some families enjoy going to soccer games on weekends, others don't. They enjoy being out on horseback, they enjoy being out in the woods on a motorized vehicle. Where can they do this together as a family? There is none. Our program that we've put together that we are working on in agreement with the County includes things like not only how to ride the ATV but how to take care of the land; local laws. What should be done when they do pursue this sport. We're also requiring everyone to wear appropriate gear at all times, even during loading and unloading, and those simple procedures that we all take fin granted. Our program is very rigid and not anyone will he allowed to enjoy this. There will be strict guidelines and strict rules that will he in place. The management plan that we have will not allow for that type of recreation. -is- Exhibit G -continued When speaking to a lot of the people, as these guys say--and you heard one testimony of people riding on the road--I see them daily. Coming from Paradise Park. I see them daily, and I stop every and anyone that I can, and do you know what the reason they tell me why they're riding on the road? They're telling me. "Gerald. you tell me where I can go, and I'll do it. But until then, the road is all I have." I'm urging the Council not only to appropriate the funds, but to help the ATV Riders of Hawaii and all of its supporters, to talk to the Mayor, talk to the families all across the island to help us build this thing for our community. We've got drug problems, we've got trespassing problems and we have environmental problems. This is one effort that can help all of those areas. I think it's one of the biggest bangs for the buck. Thank you. DR. HOLSCHUH: Yeah, thank you very much, Gerald, for your ongoing efforts, and all of you, for being here today. This is something obviously long overdue. I want to thank Mr. Safarik for bringing this forward. I appreciate your willingness to go island-wide. I mean, obviously we've talked about that, because I was approached by a group in Waimea quite some months ago about how they're going to get this thing started. I think what I have heard so far--I don't want to put you on the spot on the public record--but the idea was to get this started and then perhaps other satellite riding areas could occur later on around the islands so people wouldn't have to commute immense distances, and this whole idea is terrific. I almost actually killed or banged into a woman on a road-in-limbo recently in Honoka'a, who was riding with small infants that had to be under five months of age, kind of one on each arm---I mean, this whole thing is insanity, the ay the people are doing this off- -16- Exhibit G -continued road. I'm glad Mr. Arakaki mentioned the helmet thing. As Bob Jacobson and I know well from taking care of people with head injuries, all you need is a very minimal blow, and you can have a life-long brain injury or brain death. So, I just congratulate you for being here today, for all your efforts on this, and I appreciate it very, very much. Thank you, Mr. Chairman. The Chair then called Robert Kealoha who made the following statement in support of Comm. 460 (Bi11215) adding the Dirt Bike/ATV Track project for $50,000 to the Capital Budget: MR. KEALOHA: Good morning, everyone. I'd like to speak on behalf of you know, families. Not all of us crazy like the other guys ride all over the place and stuff like that. A lot of us are constructive and normal people. I'd like to say you know, like, me my friends, a lot of us we have a lot of fun doing what we're doing and a lot of us clean up our area. Not all of us wreck the place, you know what I mean? If you guys you know, give us something because a lot of it's been taken from us, but if you guys give us just a little. I'm pretty sure a lot of people would help you guys out. You know, I speak from my heart, yeah? It's really a lot of fun, and not much more to say. But, I really wish you guys would take it into consideration. None of you guys like us riding in your back yard and that's the truth, and none of us like riding in the back yard. So, I want to thank you guys for giving me the opportunity to speak from a family point of view. Thank you very much. MR. TULANG: Just a comment. Thank you. Mr. Chair. You know, about a month ago, I attended my first meeting of, I guess, the last organizational meeting of the bike riders and the _17_ Exhibit G -continued organization, here, right in this Councilroom and I was very impressed by the attendance of a lot of young people. I'd like to pick up the point the previous speaker talked about, family. This is a family sport. I'm glad that families are involved. In many sports, families are not involved. You can do a lot, all of you to take the bikes off the streets, and I think it starts with education. There's so much at stake, and I had a meeting up in Kaumana City two Sundays ago, and the meeting was interrupted by these bikes on the street. I encourage you to work with the communities that are clamoring for some kind of order, to work with those families that have these bikes that are riding the streets. I think the educational component is something that we hunters have been working for a number of years when we instituted the hunter safety program. In this ease, this is a parallel. I see it. You parallel the program with families, you parallel the program with safety and education. So, I just want to commend all of you for coming here to support this program. Thank you. Mr. Chair. -is- Exhibit H wati rrjw e-.{fera~.( 81~ a3 :~n,~~i..a: ,yL~;$~ Off-road ri i n g • is ainin fans g g even if illegal Kelly Chang laerrorms fhe'Sup~an' mar ? County can't afford a solution, riders some 40 leet otl the ground on Ms Honda 400 FJ( ' on areeem day as pert olavirleo alrool on the Big can't afford to give up a sport they love Island. Chang is an empkyae of Big k1aM Honda. Peter Sur HawaR Tnlwne-Hareld t lrsl glnncc. Sand Hill looks like a dump. I.OC81ed ohmg lire ocean near Hawaiian Beaches in Wno, the rile is sIR1Yn a•ilh tmxh unJ car pans. Il is one of the only places un the island where all-terreia vehicles and nR- toed motorcycle enthucians can rile ' their bikes widrovl being prosccutcJ. They know it is illegal. bul they have rawlrerc else to go. Hawaii County is Hawaii s only county without a designated area for off--road motor- cycles and alHemin ?ehicks. The pupulakn of rider continues w grow, WI neither the marry nor the rider ENGELHARD will commit to building an u?-road pari:. An ATV in a small drrce rx Wur- ' FNpnero aY Potw su wheeled rrxxor vehicle Jcsigncd to tmrel M AN rider makes tracks In the sand after completing a short Jump al Sand HIII in Puna on a recent day. over uneven gnwnd. DcsigncJ in J:rp:,n for uu on firms, coral arc mnv uuJ for Councilman calls for volunteer-built ATV track in Hilo feClro°~9-i8 the coultty Jcvignured lD ' Puna GmncihaTn Gary Safarik 3, will enlist volunleus (mm the oml measured nwhucmx track fur acres near the Hilu Drag Strip litr en o17- is drafting a rcurlulion fur an off- utLmud tmaurcycie and all-krmin people who wam w pnrsuc their read park. HUWI'VIT. tht land rcm:un. mr mud park to be built nest le lhC vehicle cemmunily to add and spun but don't have a place to do it undeveloped lova licit. Hilo Drag Strip. grate thu sail. in a legal muntrer;' Safurik sail. 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Cpy,y uUDN„ 2YU3 U-qW GOn ~v d`w 3~=~~ ~O ~~m'c l{l~yl]G " CO~U VU209 O3L9Y6 ~~°LU.L. ,~cc C °19~pL > U= /"1 n'`._i:fE ~'~wc~ iu5:n.°E gE.L ~f'~:6 3aS U'Y °~w0 yd~ Tc~Yt"N<~o ooUO ~.(-;O~?n Exhibit I Page 1 of 2 fr~dG 3 f~ ~~g~ Print Page , _ Blew digs for bikes Countyowned track is first of its kind in ~ state ' by Peter Sur ~ " `~~4! Tribune-Herald Staff Writer sT ~ °5° u . c w In previous years, when Hawaii County officials _ ~ a. - . ,::r~. visited an off-road motorcycle track, a citation would soon follow. Now the county is operating a track of its own. After years of red tape and months of volunteer labor, Hawaii's first public track for dirt bikes and all-terrain vehicles was blessed Saturday morning. Much work remains to be done in the Legislature anti with the county before the motocross track, next to Three dirt bike riders zip around a motocross track the Hilo Drag Strip, can be .open on a regular Saturday morning after its blesstng and dedication. The first schedule. county-owned track or Its kind in Hawait, located next to the Hilo Drog Strip, was built by the SD8 MX/ATV Still, the day that riders can stop worrying about Association. -Peter Sur/Tribune-Herald having a legal place to ride is near. The track was built by the 808 MX/ATV Assodation, with help from a $50,000 grant arranged by county Councilman Gary Safarik and many hours of volunteer work. Three acres have been cleared for the track, with plans to expand to 10 acres. "Now we finally have a place to ride,' said Lionel Walters of Puna, as he watched dirt bikes kick up mud in a demonstration Saturday. It will open fo the public in about a month. In 2004, the state-operated Upper Waiakea ATV/Dirt Bike Park opened about 9 mites up the Stainback Highway. That facility relieved some pressure from off-road trail riders, but it did nothing for track riders, who faced the dilemma of building illegal tracks or riding in remote areas. - "It's great that there's some place to ride, some place legal to ride,'said Tiffany Perreira of Mountain View. "It's done for the kids, actually, and I hope that the kids get to ride soon." In December, it was discovered that a legal technicality invalidates liability waivers for minors, keeping them off the track for now. Legislation is moving through the House and Senate. "All my grandkids motocross and they don't have a place to go," said Robert Sarttiago of Mountain View. "Even the gods are blessing us today," joked_Mayor Harry Kim on Hilo's first sunny morning in a week. "I have to say, 'thank you.' I can make all the excuses in the world for not getting this done." Safarik's grant was first intended for another off-road group, which for various reasons did not act. With the unclaimed money set to lapse, the 808 MX/ATV Association took over. The track's 10 acres were originally set aside for off-road use in 1978. 21 Exhibit I -continued Page 2 of 2 "For me, this is like a culmination of a few years," Safarik said, addressing a crowd of more than 100 people. "During the times that the county struggled for revenue, $50,000 was and seemed and is a lot of money." In 2003; prior to introducing a resolution to build the park, the Puna councilman said after it was built police would "step up enforcement" of riders who trespass on public and private property. State Rep. Jerry Chang reminded the riders how fortunate Hawaii County is, considering that Oahu's only motor sports facility, the privately owned 67-acre Hawaii Raceway Park, is closing March 31. 'The problem is those racers are going to the streets," Chang said. Also speaking was Pat Engelhard, the head of the Department of Parks and Recreation. "It takes a lot of effort. As Harry pointed out,.the county has to be the stumbling block,' she said. Much of the credit for building the track was given to the riding association's "core group" of Tony Ferreira, Glen Mukai, Bobby Delima and Maverick Kang. "Were the first county facility of its kind," Ferreira said. That will not happen immediately, said Crystal Mukai, the association's secretary and treasurer. Liability issues aside, they have to work with the Hilo Drag Strip so both tracks won't be running at the same time, and they have to sign a memorandum of agreement with the county. "Were planning our first actual event April 1," she said. "before the race we're trying to get in practice runs.' Future plans, she said, included dedicated tracks for ANs, dirt bikes and kids. Organizers hope to have it open three days a week. For insurance purposes, only members of the 806 MX/AN Association may ride the course. For more information, call Mukai at 959-8463 or Ferreira at 961-4405. This track is the first of what the motocross community hopes will be several new legal places to ride. A Kona-based group is completing a private dirt bike track on Parker Ranch lands at about the 52-mile marker of Saddle Road. Peter Sur can be reached at pStlC~halvaiitribune•herakfs9m. All rights reserved. Copyright ®2006 Hawaii Tribune Herald. Content on this site may not be archived, retransmitted, saved In a database, or used for any commercial purpose without the express wdtten permission of Hawaii Tribune Herald. Close Window rxl _22_ Print version - U~ COPYRIGHT 2006 The Honolulu Advertiser -Hawaii's Newspaper , a Page 1 of 3 Exhibit J ~ 011 ~ ~U ~ It ~ : ~ V ~ ~ ~ 1 S 21" ,COI ~ Posted on: Monday, May 1, 2006 ATV rules irk Big Isle teens BY KeYIn Davton Advertiser Big Island Bureau HILO, Hawaii -Sean DeSa is too young to drive a caz, but he already has four traffic tickets. i To say the IS-year-old is unhappy about this is an understatement. On March 22, when DeSa rode his all-terrain vehicle down Paradise Drive in the rural subdivision of Hawaiian Paradise Park, police stopped him. Now he is due in court to answer for four alleged traffic violations, and his $6,000 ATV is parked behind his house. Tony Ferreira built an alt-terrain DeSa says he doesn't bother the neighbors with his ATV, doesn't joyride, doesn't make vehicle track for his son, Ian Robtedo, trouble. He ust wants to use the vehicle to travel then ed Puna coastline neaz his to use with friends. Although the track l P$ was at the familys home in Kaiwiki, Big home to get t0 the best fishing spots. Island offkials cold Ferreira it violated zoning codes. Thousands of ATVs have been sold on the Big Island in recent years. Many of them are used by youths who want to trail ride and race. But DeSa and other teenagers complain KEVIN DAYTON I The Honolulu Advertiser there are too few places they can ride legally. County streets and roads that carry vehiculaz traffic are off-limits to ATVs. Moreover, it is often difficult for teens without cars to find a way to transport ATVs to legal trails. Consequently, there is enormous temptation to zoom down roads or trespass on private trails close to home. "They should just let us ride down here,' DeSa said, standing in front of his Puna home. ATVs are now common in his neighbodrood. "You look on top this one street, at least seven guys with them, seven different houses." Fifteen-year-old Jodilyn Nicolas scoots dawn public roads on her ATV to get to Upslope from Hilo, ATV enthusiast Jodilyn Nicolas, 15, admits she and her friends trails near Saddle Road. scoot down the roads in Kaumana City to reach a network of trails near Saddle Road. - She doesn't know who owns the land she has been riding on, but hopes to continue KEVIN DAYTON I The Honolulu Advertiser using the trails. "If we don't ride, we basically have nothing else to do," she said. "If I couldn't ride, I don't know what I would do. I would go crazy." Nicolas said the sport is also a family activity, with her father teaching her how to strip the vehicle down and put it back together. Paul Maddox, president of Hawaii Racing Association, said several groups around the Big Island are working to establish racing facilities for ATVs and dirt bikes, but for the moment the options are limited to a legal network of trails on Stainback Highway, and monthly races at the Parker Ranch rodeo arena in Waimea. For youths who wan[ to ride closer to home, "there's not much," Maddox said. "You've just got to know a friendly farmer -23- http://the.honoluluadvertiser.com/article/2006/May/O1/ln/FP605010342.htm1/?print=on 6/28/2006 Print version - ©COPYRIGHT 2006 The Honolulu Advertiser -Hawaii's Newspaper , a Page 2 of 3 Exhibit J -continued with some ranch land, or trespass, which unfortunately is what most kids are doing." Even people who are willing to open their property for ATV use are running into problems. Tony Ferreira, 61, had a track set up for his son and friends on Ferreira's land in Kaiwiki outside Hilo but shut it down six months ago after neighbors complained. The county warned him in a letter that the track was a violation of the county zoning code and that he could be fined. County Planning Duector Chris Yuen said within the last two yeazs his depaztment has issued warning letters at about eight ATV courses that were set up on private land. Yuen said ATVs are allowed for fann purposes, such as checking fence lines, but a special permit is required for landowners to set up ATV courses. Ferreira said he understands his track was disturbing his neighbors, but since it closed youths have been riding illegally, using their ATVs to zig-zag through neighborhood macadamia oictiards. Ferreira estimates there are about 5,000 ATVs on the Big Island. He said parents need to monitor youngsters' use, take the kids where they can legally ride and get involved. If the parents pitch th, more places will be established for youngsters to ride, he said. One group in Kona has obtained county approval to open a new motor sports facility on leased Parker Ranch land outside of Waimea, and ATV and motoreross enthusiasts used volunteer labor and X50,000 from the county to create a race track for dirt bikes and ATVs near the Hilo drag strip. There have been setbacks for teens, however. The Hilo facility closed access to youths younger than 18 after county officials discovered that under state law, parents cannot sign liability waivers on behalf of their children for motor sports events. Without those waivers, the county will not allow youths to race. Feneira's son, Ian Robledo, I5, devoted his spring break from Hilo High School to working on the new Hilo race track, only to learn he wouldn't be allowed to use it. "When I heazd about it, keiki cannot ride, I was disgusted," Robledo said. State lawmakers last week approved a bill that allows parents to sign liability waivers on behalf of children who want to race, which could lead to opening the track to Robledo and his peers. Tn the meantime, police are continuing to ticket youths and adults for riding on roads. Police Major Derek Pacheco, who supervises patrol units from Hamakua to Puna, said Big Island police are cracking down on riders they catch on the roads and looking out for reckless riding. "We're also concerned about adults canying young children, including toddlers, on these things," Pacheco said. "That really poses a great safety risk to both of them." Nicolas said ATV traffic has brought the police to her neighborhood, but she has yet to be ticketed. The teen said while she understands the concerns about safety and liability, "th another way, they can't blame us because there's really no place to ride." She said, "For some people it's a stress relief, too." Nicolas added, "I know a lot of people who would be in anger management, who would be doing drags, but instead they're out riding." Reach Kevrn Dayton athdavtonG~hono[uluadvertiser.com. -24- http://the.honoluluadvertiser.com/article/2006/May/O1/ln/FP605010342.htmll?print=on 6/28/2006 Hawaii Tribune-Herald Hilo, Hawaii Page 1 of 2 Exhibit K ~u ~ Print Page Illegal riders on foot Police impounding off-road vehicles by Alan Schnepf Tribune-Herald Staff Writer The driver was unlicensed and had no insurance or registration when police picked him up the Hawaiian Beaches subdivision. And he was 7. A few years ago, police in Puna probably would have made the boy get off the all-terrain vehicle he was riding and then contacted his family to pick him up. Not anymore. Police impounded the boys ATV and are considering charging the parents with child endangerment. The ATV is one of seven Puna police are storing in an evidence room, said county Police Capt. Steven Guillermo. The new policy of impounding off-road vehicles when illegally driven on public roads will extend to roads in private subdivisions. So far, police are holding four ATVs, one go-cart, a pipe buggy and a dirt bike. Just last year, police announced they would start issuing citations to people riding off-road vehicles on public roads. Apparently; that wasn't enough of a deterrent in Puna, though. "Initially, we were issuing citations and it hadn't curbed the use of them on public roads," Guillermo said. Complaints from people in Puna about ATVs actually rose over the past year, according to Guillermo. .Last month, two people were killed riding vehicles that were not legal for public roads. One was 13-year-old Kamanuwai Waiwaiole of Mark Twain Estates who rear-ended a friend's ATV at the intersection of Kahiki Street and Wakea Avenue. He was not wearing a helmet and police believe he was traveling at a high rate of speed. The other rider killed was 25-year-old Joseph K. Ferreira Jr. who was on a miniature motorcycle, also known as a "pocket bike." He was struck by driver who failed to yield the right-of-way to him on Kahakai Boulevard the same road where the 7-year-old boy was driving the ATV. Guillermo said the two fatalities affirmed the decision to start impounding off-road vehicles, but the complaints had already pushed Puna police in that direction. Among those complaining is Jerry Neil, who lives near Hawaiian Shores. "Sometimes we get 50 to 100 in a day, going 60 to 70 (mph)," he said. "Somebody's going to get killed. Quite frankly, they run amok." Neil said he wouldn't be bothered by the vehicles if all the riders drove at normal speed and had quiet mufflers. He said that's not the case, however. 'There's absolutely blind hills and they're flying," he said. -25- http://www.hawaiitribune-herald.com/articles/2006/09/09/local news/Ioca104.prt 9/11/2006 Exhibit K -continued Page 2 of 2 Crystal Mukai, a co-founder of the 808 MX/ATV Association, said she also supports the new policy. "We love the support and I think the police are doing the right thing," she said. "It's called an off-road vehicle." Alan Schnepf can be reached at aschneufG~ha aii ribun~~er~ld._com. AlI rights reserved. Copyright ©2006 Hawaii Tribune Herald. Content on this site may not be archived, retransmitted, saved in a database, or used for any commercial purpose without the express written permission of Hawaii Tribune Herald. Close Window rxl -26- httpa/www.hawaiitribune-herald.com/articles/2006/09/09/local news/loca104.prt 9/11/2006 Hawaii Tribune-Herald Hilo, Hawaii Page 2 of 2 Exhibit L _ _ W. Illegal riders get ATVs taken Police in Puna announced Thursday that they have started impounding off-road vehicles when issuing citations to people who illegally ride the vehicles on public rods. Police said they confiscated seven vehicles between Aug. 26 and Sept. 3 in the Hawaiian Paradise Park, Orchidland and Hawaiian Beaches subdivisions. Those included four all-terrain vehicles, one go-cart, a pipe buggy and a dirt bike. Police used to cite individuals for driving unlicensed vehicles on public roads. The law allows police to hold the vehicles as evidence, however, until the cases go to court. The new practice will continue indefinitely. Two people died in August while riding off-road vehicles in Puna. All rights reserved. Copyright p 2006 Hawaii Tribune Herald. Content on th(s site may not be archived, retransmitted, saved in a database, or used for any commercial purpose without the express written permission of Hawall Tribune Herald. Close Window fxl -27- http:/(www.hawaiitribune-herald.cotn/articles/2006(09/08/local_nevus/IocalOS.prt 9/8/2006 Exhibit M v= f1 sn n s 7 N O k O n ry rdn 7~ O j N~ O C 7 d~ M C y 3 r~ 3 0 ? ~ 9' ~ ~ ~ 7 w 2 ' ~ (a: ~ I ,,ITTS~ ~ v i R+ 7 'P'. ~r 0 d ~docDn3 om 3! a.. ~ p a 7 1 1 7 R 9 w= d ^ y I~71~. 1 ~ 7~ G d O y ao 7 o I OI .d.o dbdddo ! 31i OG O. p »S~.a~Sd rod ~ _ ~ 7a0 = y ~ 0 7.e.~yij3dSc Je,= O ~ Dr3o 7 ~ v QS N o ;C~"nNO,mF ^.:-lB 3i ®Zc NS.~d'O*tc O ^ ~2o C O ~ w ~ T w ~ w ^ 't'3 ! ~ a ~ 3 ~ y ~ V ~ y A N N; F N O O~ ,..'=ice f1p e° ms ~ ~ Ol a~ d c~ c d' m '0 3 1 O z O 7 t1 y ^ d r2 a°e o w o m h a x =.=;°t~T, aw= _ : E+ =ce ~ a Z x rv i rv m^ x ..a;:~ °.J ii#Ja'"~_~' 9~ti•,t s: N D d O m t ^ m -o °0 4 _c° ~ n ~i'~,; s~~:~g~jsit,r'~'`!1i ~iEjaia~s~Si<< ~ ~ m w < n . S ;aei ~r;:J•'6 ;l'~ ~ ~ i` t iris ro ~ D y . Si ~ d 9 ' 7 a S a}'i=i 'F ~d E p° = 4F a,~ =e+~ O an ~ ~ n N O V O N d '11C w d ,i T;r•i ~ 2 ppea, ~i77t[ ii A 3; Fi1•`~°p~ 7 ~i 7 7 ~ w ~ ,{.,==F~'7 ~H ~{T <i:7ie~ ii=4J !t==~3~e ~ N 1 'a+ ~ 3 ^ ^a ^ d m d ?~i~a )(i*~#! ~3~1 Si"( :;~E T99 l:y.~e ry p H ~ i7. C !0 d Na.O ~ I.p 6k~ T{ F'it3=~{y ~ .oi~. ~J~'a~I Q ~ C ~ ~ V ~ ~ ^ ~ n E n d ~t=a> .E1 m ~ ?i:+, Est' 7 m ~ Go o ~ o ^ ~ ~ ^ ~ v 7 ;a;!~~:_;~;; tarii3Fd`,.=~a %[a::=e . `t 3 N x 1"F C O d 7 -Oi~ p 0 tia 4 O'01oocyFv~ac y O<<, ao w 3 7_ y~ S = • t ~ ao a d~ - A l m (D :.1/ °0 2dc~c -7u< f1 W c d T R G y a0 n N ^ 7 7 :Ci D FO~ ^ A H w n .Y N G^ m N O_ _ C~ N O 7 0 d~ O w P'r p y p O rOn a O^ 7 .S ~ a~ a C F .Z C 'O ^ O 6 a C d, w ^ d 7~ n ~/i d ~ y 1^O A 3 N~ b M Q^ aY N y ~ C 7 3' 7 0 7 2 w y ~ 3, ~ q~ d N' n m A^" 10 7 y 'O ^ 7 d O ^ ~ n~ < ^ w~K .~O i -28- Exhibit N DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF FORESTRY AND WILDLIFE NA ALA HELE TRAILS & ACCESS PROGRAM UPPER WAIAKEA ATV/DIRT BIKE PARK MANAGEMENT PLAN LOCATION The Upper Waiakea ATV/Dirt Bike Park is located off the Stienback Highway two miles above the North Kulani Road intersection. The area being used is the Upper Waiakea Timber Management Area. This area has been gridded with 4wd roads every quarter mile in both directions, cleared, and planted to many different varieties of trees. The Park riding trails use these existing 4wd roads PURPOSE ATV and dirt bike riding is a growing recreational activity on the Big Island as it is throughout the Nation. There are three dealer shops on the Island selling new and used machines and their business is increasing every year. Providing a safe and legal place to operate these machines has not kept pace with the expansion of the sport. This Park provides an organized, managed, legal riding area for ATV and dirt bike riders to enjoy their sport. MANAGEMENT RESPONSIBILfTY The State Division of Forestry and Wildlffe and the Na Ala Hele Trails and Access Program have management responsibility for the Park. The Trail Committee of the ATV Riders of Hawaii (a Big Island based ATV and dirt bike club) works as a volunteer group under the general direction of the State Division of Forestry and Wildlife and the Na Ala Hele Trails and Access Program. Development of the Park has been done as a joint effort between these groups. PARK ACCESS AND SECURfTY Rider access to the Park is provided by obtaining a permit and sticker from the State Division of Forestry and Wildlife in Hilo. The permit and sticker are for one year from the anniversary of issue. The sticker is attached to the ATV or bike as proof of having.permission to ride in the Park. Permits must be carried while riding and shown on demand to any DLNR official. - When obtaining a permit and sticker, the rider must sign a Waiver of Liability and Indemnity Agreement. For individuals under 18 years of age, the legal parent or guardian must sign the agreement. Access to the Park is limited to one entrance, Road L of the Upper Waiakea Timber Management Area. All other entrances are closed with earth bermes or ticked cable. The access terminates in a graveled parking lot where ATVs and dirt bikes are unloaded for riding. DAILY OPERATION THE RIDE F~CPERIENCE The Park is open to riding every day from sunrise to sunset. The Park operates on a "self service" basis. The riders park their vehicles in the parking lot, unloads their ATVs or dirt bikes, and sign in. A sign-in book is available at the Information Board in the parking lot. This tells who is in the Park and gives a use history. -29- Exhibit N -continued A map of the trails and park regulations are posted on the Information Board. Park Brochures are available at the Information Board and contain a trails map. These are available for the riders to take with them. The riders choose their trail route and rides. The trails are identified by signs and the distance to complete the trail or return to the parking lot are shown. Trails are clearly marked at intersections. The trails are designed to be bops so that the rider eventually returns to the parking lot. After completing riding for the day, the rider is requested to fill out the "After Ride Comments" book. This information is used to improve the Park experience. It is always recommended that riders ride in pairs or groups for safety. MULTI-USE AREA This area is shared with hunters, hunting dogs, hikers, gatherers and others. Proper trail manners are the key to everyone getting along. Since the ATVs and dirt bikes are motorized, they are not a surprise to other groups. Riders must ride with caution and reduce speed whenever they don't have a clear field of vision so that they can react to other groups that they may come upon. It may be necessary to pull over to the trail side and stop the motor so as to not frighten hunting dogs or others. Cautionary information about multi-use is posted on the information board and included in the Park brochure. LOST, BROKEN DOWN OR INJURED RIDER This is why it is recommended to ride in groups. It is also recommended that the group have a cell phone. This is a self service facility and riders assume all responsibility in using the Park. There is no emergency medical or mechanical help at the Park. All the original roads and, therefore, the trails are directional. Since riders should have a brochure and map with them, it is difficult to become lost. The best procedure is to proceed to the next trail sign, check the shortest mileage back and go in that direction, following trail arrows and signs, until reaching the parking lot. All riders shoukt be prepared for a machine breakdown and carry tools, spark plugs, tow strap, etc. If the bike or ATV can't be restarted, it must be towed out. If the individual is alone, there is no choice but to walk out and get help. If a rider is injured seriously and cannot proceed, emergency help must be summoned by calling 911. This can be done from a carried cell phone or by a member of the group going to the nearest telephone. It is necessary to know the location in the Park for the emergency response team. Follow the emergency response team's instructions to received the quickest help. MAINTENANCE & CLEANUP TRAIL MAINTENANCE Grass and brush growth needs to be controlled to keep the trails in good riding condition. Wind and heavy rain cause trees to occasionally block trails. These need to be removed. Mud holes develop from continual travel and need to be drained or filled. The ATV Riders of Hawaii Trail Committee and other volunteers will pertorm this work using hand tools and chain saws. The Committee will become aware of problems by riding the trails and through feedback from other riders. -30- Exhibit N -continued PARKING LOT Lffl"ER CLEANING The parking lot area will have conveniently located trash containers. For those who insist on littering, the Trails Committee and other volunteers will pick up the area on a regular basis. ROAD L LITTER CLEANING The Trail Committee will periodically clean litter from the Road L Entrance to keep it looking good. TRAIL LffTER CLEANING The Trail Committee will periodically ride the trails and note when litter pickup is necessary. Volunteers will be gathered and the trails will be ridden and cleaned. SANITARY FACILITIES CHEMICAL TOILETS Chemical toilets will be contracted and placed in the parking lot area. These will be maintained by the supplying company. -31- Exhibit 0 VOLUNTEER WORK FORCE PROPOSAL FOR UPPER WAIAKEA AN/DIRT BIKE RIDING AREA -32- Exhibit 0 -continued UPPER WAIAKEA ATVlDIRT BIKE RIDING AREA PURPOSE TO PROVIDE A LEGAL AND SAFE RIDING AREA FOR OFF ROAD MOTORCYCLES AND ALL TERRAIN VEHICLES ON THE ISLAND OF HAWAII. ATV and dirt bike riding is a growing recreational activity on the Big Island as it is throughout the Nation. There are three dealer shops on the Island selling new and used machines and their business is increasing every year. Providing a safe and legal place to operate these machines has not kept pace with the expansion of the sport. Currently the only legal riding available to ATV and dirt bike riders is on certain "Recreation" designated State Division of Forestry and Wildlife lands. Riders are issued a permit farthe allowed area and ire left on tFieir oyvn to find and ride the area. Since. the. ridjng.~[eas are unmonitored and ga fferally not maintained, safety is an. issue. Mara o{ the eicisting roadsand trails,are overgrowrrand imp~ssabie: ~ ' Riders.quidcl}~ me•d~soouraged and look for other eaaler areas to~~j~le Tflis results'in illegaT-r'r ing.on private and publiclands, with all the complaints and associated problems: ' We feel that a properly developed and maintained riding area will improve safety and reduce the. illegal riding problem. TO PROVIDE A HEALTHY, FAMILY AND YOUTH ORIENTED RECREATIONAL OPPORTUNITY ON THE ISLAND OF HAWAII Riding Parks on the Mainland have shown that ATV and dirt bike riding is a recreation that the whole family becomes involved in. It is an activity that brirx,~s the family together in a common .~nteYest. It offers-an opportunity to irnolve youth m a healthy activity and relieve the boredom that can lead to illegal activities,'siaoh as drug abuse. The facility will also offer the potential to involve already troubled. youth in training and riding activities. Surh.p~o~'rams,exist on the Mainland and have been successful in teaching respons~pility and.a sense of self value. PROPOSAL TO ACT AS A VOLUNTEER GROUP UNDER THE GENERAL MANAGEMENT AND DIRECTION OF THE STATE DIVISION OF FORESTRY AND WILDLIFE TO ASSIST IN THE DEVELOPMENT OF AN ATV/DIRT BIKE RIDING AREA. An organized, maintained, interesting, and challenging riding area, similar to OHV riding parks in other states, needs to be available. The State Dmsion of Forestry and Wildlife has selected a land area for such a facility but they do not have the resources or background to build and maintain such a facility. We propose to act as a group of riding enthusiast volunteers, working under the general management and direction of the State Diviston of Forestry and Wildlife, to assist in the development and maintenance of such a facility. In effect, we will become volunteer, non-paid, non-benefited, unofficial employees of the Department Our work can be monitored and directed by one Forestry individual so that a volunteer work force is gained. with. the use of very little. Earestry resources. -33- Exhibit O -continued Like any good employees, we will closely consult with our "Boss" and keep himllter informed of our activities. We feel this approach acx;omplishes the development of a riding area with minimal cost and effort from the State Division of Forestry and Wildlife. Since the volunteer group are riders, Forestry instantly gains "rider needs" experience at no cast. DEVELOPMENT TO ASSIST THE STATE DIVISION OF FORESTRY AND WILDLIFE IN THE DEVELOPMENT AND CONSTRUCTION OF THE UPPER WAIAKEA ATV/DIRT BIKE RIDING AREA. We propose to assist in the following construction and development: Layout of the parking area and marking of parking stalls. Map out the main perimeter trail and work with the tractor operator in opening this trail. Map out and open interior trails that will offer easy, intermediate, and difficult riding opportunities. It is anticipated that much of this work wilt involve opening existing roads with ATVs, chain saws, and hand cutting. Develop sign language and install signs to mark trails, riding direction, and riding difficulty. Develop sign language and install signs to identify the entrance, parking area, display regulations, mark restricted entry, and other needs. Develop the required and recommended regulations for Park use. Communicate with the Forestry in all of the above work to see that Forestry's needs are met. TO ASSrST THE STATE DIVISION OF FORESTRY AND WILDLIFE IN THE CONTINUING DEVELOPMENT AND MODIFICATION OF THE UPPER WAIAKEA ATV/DIRT BIKE RIDING AREA. Continue the modification and improvement of the Park based on recognized use problems, commerrts and suggestions from Park users, and growth needs. OPERATIONS TO ASSIST IN PROVIDING, AS A VOLUNTEER GROUP UNDER THE GENERAL MANAGEMENT AND DIRECTION OF THE STATE DIVISION OF FORESTRY AND WILDLIFE, THE OPERATIONAL MANAGEMENT AND MAINTENANCE OF THE UPPER WAIAKEA ATV/DIRT BIKE RIDING AREA. RESPONSIBILITY As a volunteer group under the general management and direction of the State Division of Forestry and Wildlife, we will act as a work force providing the labor to maintain trails and to monitor the operation. We, as individuals, cannot assume any liability responsibility for the Park or it's users. -34- Exhibit 0 -continued PARK ACCESS AND SECURITY We propose that apermit/sticker Qro~ram be developed to be issued by Forestry. A preprinted permit to nde m the park and a sticker to be placed on the bike or ATV will be issued to the individual rider. In the event of an underaged rider, the permit/sticker will be issued to the rider's adult parent or guardian. The sticker shall be placed on a predetermined visible location on the bike or ATV . The permit/sticker shaft be issued annually and the sticker shall be printed with the covered year number. The sticker shall be of of an easily visible color. There shall be a charge for the permit/sticker sufficient to cover the cost of materials and issuing. A copy of the permit shall be kept at Forestry. Machinery requirements, such as spark arrestor, all safety related parts in good working condition, and sound level, shall be printed on the permit No rider will be allowed in the Park without a sticker on hislher bike. We propose that Forestry allow us to monitor the program during our regular recreational and trail monitoring rides and request riders without stickers to leave. A rider who refuses to leave is trespassing and we can request police assistance to remove them. This is a big area and access control will be less than pertect. Some riders will sneak in and get away with riding without permits. Mainland OHV parks face the same problem. Access shall be limited to Road L. All other access roads shall be dosed with berms or locked cables and `ACCESS NOT PERMITTED AT THIS POINT" signs shall be erected. Travel of cars and trucks shall not be permitted beyond the designated parking area on Road L. Park regulations shall be posted at the Park entrance on Road L and again at the parking area. LIABILITY WAIVER F~ch rider shall execute a Release and Waiver of Liabilityand Indemnity Agreement when obtaining a rmit/stacker to ride. This document shall be kept on file at Forestry. We sugggest that the Waiver contain the language; "1 understand that ATV and dirt bike nding is a potentially hazardous activity that can result in my injury or death and I accept full responsibility for the consequences of my involvement in this activity. I understand that this is a multi-use area that is shared with hunters with firearms and 1 accept this added risk.°. TRAIL MAINTENANCE We w111 ride and monitor all trails in the Park in a reasonable rotation. We will communicate with Park users to obtain reports of trail conditions. We will provide labor and tools (machetes, hand saws, chain saws, etc.) to clear and maintain trails. We may occasionally request Forestry tractor help if a problem is beyond our capability. We will temporarily close trails that are impassible until they can be Geared. . PROBLEM SOLVING Whether a complaint concerning the Park operation is received by Forestry or directly by us, we will act as the first step of resolution. We will internees complairnng and other involved parties, gather information, and come up with a proposed solution. We will communicate with all parries to get tentative agreement to the proposed solution. Finally, we will obtain Forestry's approval and implement the solution. Forestry will, of course, be kept informed of our discussions and progress. -35- Exhibit O -continued COMMUNICATION Since we will be basically working for Forestry, we will communicate our actions on a regular basis. We suggest that we meet with our Boss" once per month and that these. be.:tR "On Site inspection once-per month. This schedule can be altered as needed once the operation becomes routine. ,S~JMMARY The Island of Hawaii has a growing number of ATV and dirt bike riders with very limited legal riding o portunities. This has resulted in illegal riding on both public aid prryafe land and has cadsed the expected problems and complaints. An at#racUve, enjoyable, legal riding area is needed to help bring this under control. The State Division of Forestry and Wi1dl'ife has-the desire to create a riding facility but lacks the experience and background to properly accomplish it. We prapase to act as a volunteer vugr~ fQrs~ tq assist in tMe devgiopli?1~rrt. andQperation of the Uppeil~~ kea ATVlt,3Jrt Bike RrdJCit~~lrea v;+hite Forestry retain~thefrhal decision ;mak inanq~e~en~X ~sr~ill>~~ F~~ i14.j~part-eacpsnditced. r, . krr© "ble;; cr~ntr411~~ `~i P a~sp~e ghat tie faplity attracts r3'r b~ Yr~ ~ ~~eR° * A5i1S~~,~.ent~l~uSi`d5b, We Wlll ~ - . ~ ~ i develp~ne~t operation: tq' , ~.m:. p ~ , dei~nn ates~our experience and un .rstandin~ of ~ cfdipg park's requirements. Our interface with Forestry will tcansfer.•ti,7s ~4MClerlgge..tc~,F-orestry which will help assure the continued operation and.exparision of ridint~:facilities. As Forestry has recognized, this faality is needed by the riding and general community now. We offer the means to greatly ease it's accomplishment. _36-