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Protecting `Iolani Monument

Thursday, August 21st, 2008

By Zalina Alvi

New rules may soon change the way visitors interact with the `Iolani Palace State Monument.

Residents of Molokai, however, are arguing that rules applying to the general public should take the special needs of Native Hawaiians into consideration.

The proposal is part of an effort to preserve the historic landmark, which is the only palace in the United States and the former home of Hawaiian monarchy.

The department is currently seeking public testimony before making a decision on whether to implement the proposal.

Remembering the Native Hawaiians
Phil Ohta, Maui district parks administrator, hosted a formal public meeting in Kaunakakai last Tuesday to hear testimony on the proposed changes.

The majority of those who attended the meeting felt that the rules should reflect the special needs and privileges of the native Hawaiians who have strong ties to the monument and its history. By a show of hands at the meeting, many believed native Hawaiians should be included in a set of rules that apply to all visitors.

“How are the interests of the Hawaiians going to be served if the rules apply to the general public?” asked homesteader Walter Ritte.

Testimonies were recorded by Ohta and will be taken into consideration as DLNR makes its decision. Written testimonies can be submitted until Sept. 5 to Ohta at the Division of State Parks, 1151 Punchbowl St., Room 310, Honolulu, Hawaii, 96813.

Changes to the Rules
Currently, the restrictions that apply to the monument are the same rules that apply to all state parks, such as the ban of the use or possession of alcoholic beverages on the property.

This summer, however, the DLNR drafted a new set of rules that will apply specifically to the monument in order to “recognize, protect, and preserve the historic and cultural significance of the Monument and to meet the Monument’s educational mission to preserve the character of the era of Hawaii’s monarchy,” according to the new DLNR subchapter.

The proposed restrictions on all visitors to the palace come in the form of 14 rules, which include bans on climbing, trimming or cutting any tree, and taking showers or bathing on the grounds. There is also a list of 12 activities that will be allowed with permits within certain limits, for example using the grounds for a wedding.

A list of restrictions that apply to the general public when visiting the monument has been drafted by the Department of Land and Natural Resources (DLNR), and will apply to `Iolani Palace, Barracks, Coronation Pavilion, Kanaina Building (old archives building), Kekauluohi Building (state archives building), and 11 acres of grounds including the perimeter wall and fence.

Preserving the `Iolani Palace State Monument
Built in 1882, `Iolani Palace served as house to Hawaii’s last monarchs, King Kalakaua and Queen Lili`uokalani. The site has been listed in the National Register of Historic Places as a designated National Historic Landmark since 1962.

Before the arrival of the missionaries in the 1820’s, the grounds were also home to the temple Kaahimauili, and later a small mausoleum to house the remains of King Liholiho and Queen Kamamalu.

The palace that currently exists is the second to sit on these grounds. The original palace was built during Kamehameha III’s reign, and was a one-story building made out of coral block that occupied a third of the grounds that the current palace sits on.

Today, `Iolani Monument is a public gathering site. The Friends of `Iolani Palace, a non-profit organization, acts as the State’s steward of the palace under a lease agreement, and holds the official designation as the State of Hawaii Museum of Monarchy History.

The mission statement for The Friends of `Iolani Palace reads: “To preserve, restore, interpret, share and celebrate the unique cultural, historic, and spiritual qualities of `Iolani Palace and its Grounds for the benefit of Native Hawaiians, the People of Hawaii, and the world.”

The new rules can be read in full at http://www.hawaiistateparks.org/documents/hsp_proposed_admin_rules_iolani_pala1.pdf

State Clarifies Orders to County

Wednesday, August 6th, 2008

By Zalina Alvi

Hearings on the ongoing West End water situation were held last week in Honolulu, with the state Department of Health (DOH) clarifying that the county is not being asked to take over water and wastewater services at the end of August.

The clarification came after the DOH issued orders to Molokai Properties Limited (MPL) to continue providing water and wastewater services to 1,200 customers for at least 90 days beyond their proposed walkout date of Aug. 31. At the same time, the DOH also gave orders to the county to begin preparations if the company does not comply.

The county responded by asking the state to cancel the orders because it did not have the legal authority to force them to take over the utilities.

Last week, however, a press release issued by the mayor clarified that county attorneys had been not been asked to take over, but to “present an emergency response plan” that would take effect if and when MPL shuts down services due to suffering “substantial losses.”
 
Clarification on State’s Order
“We were told to have a short-term emergency plan in place in case the utilities are shut off,” said Jane E. Lovell, deputy corporation counsel for the county in a press release.

The Hawaii Attorney General’s Office clarified in its own press release that “Hawaii law requires the county to provide drinking water and wastewater services to its residents in an emergency.”

For at least the next 90 days, the county is being asked to assess what is needed to run the utilities and to provide adequate drinking water and wastewater services to all customers, and to, according to DOH, “demonstrate to the satisfaction of the Director of Health that another equity is qualified, willing, and able to provide safe drinking water and wastewater services.”

Beyond the 90 days, the DOH reserves the right to review the status of the emergency and determine what steps the county should take at that point.

The state Attorney General Office also noted that the “DOH has legal authority to order the county to take action in preparation for the possible cessation of the services.”

In the event that MPL walks out on Aug. 31, the county would be able to call on Governor Linda Lingle’s office to declare a state of emergency, and to ask the state to reimburse the county for any costs incurred to maintain the systems temporarily.

The county chose to reiterate during the hearings that an order to the county to take over the water and wastewater services would be “impossible to perform from both a legal and a practical stand point.”

It was also noted during the hearings that the county had previously identified parties who indicated an interest in purchasing and/or operating both the water and wastewater systems.

An Emergency Response Plan
County officials assured DOH Hearings Officer Thomas Rack during last Thursday’s hearing that steps were being taken to ensure the health and welfare of Molokai residents long before the orders were given by the DOH.

“Like any other disaster and public crisis of this magnitude, we would be prepared to take action. That, for us was never in doubt,” said Mayor Charmaine Tavares in a press release.

“The people of Molokai have overwhelmingly encouraged my administration to continue to hold the company accountable. More so because the company continues to hold on to its ownership of approximately 70,000 acres of valuable land and survives under the financial umbrella of a wealthy parent company.”

Coordination of the efforts involved with the emergency response plan is expected to remain within the DOH in conjunction with state and county Civil Defense Agencies.

In response to questions pertaining to whether or not the county has taken into account the potential severe impact of the services being terminated, county officials testified that for the past three months significant efforts have been made to reach out for assistance to state agencies and officials.
  
The Attorney General's office requested a continuance for the following week to allow them more time to call additional witnesses. The hearing was continued on Aug. 6.

Residents Protest Inaction in Utility Case

Tuesday, August 5th, 2008

“We see a lot of legal bickering and carrying on, but we don’t see a lot of people telling the people of Molokai how to carry on,” said Paul Mullin, West End resident. He organized the protest held last Thursday because of frustrations he has over a lack of action being taken in the water utility situation on Molokai.

East End resident Judy Caparida passed the demonstration held in front of Molokai Public Library, and decided to pick up a sign to join in on the protest. “I’m over here with my newfound friends. I’m from the east, and they’re from the west.”

Regardless of their personal views of how the situation should be handled, Caparida said, “water doesn’t separate us.”