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The Honolulu Advertiser
Posted on: Sunday, September 30, 2007

COMMENTARY
Shedding light on all sides of Superferry, harbors

By Barry Fukunaga, State Transportation Director

Hawaii news photo - The Honolulu Advertiser

Barry Fukunaga, State Transportation Director

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THIS WEEK

Editorial and Opinion Editor Jeanne Mariani-Belding puts Kaulana Park, the state’s homeless solutions coordinator, on The Hot Seat for a live blog chat on Tuesday from noon to 1 p.m. at www.Honoluluadvertiser.com/opinion

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Have you checked out The Hot Seat? It's our opinion-page blog that brings in your elected leaders and people in the news and lets you ask the questions during a live online chat.

On The Hot Seat last week was state transportation director Barry Fukunaga. Below is an excerpt from that Hot Seat session. To see the full conversation, go to The Hot Seat blog at www.honolululadvertiser.com/opinion and click on "On the Hot Seat: State Transportation Director Barry Fukunaga." (Names of questioners are screen names given during our online chat.

Charles K: Why do you think there has been such a divided reaction to the Superferry? Did the state make a mistake? And have there been lessons learned?

Barry Fukunaga: We do not feel the state made a mistake, as we followed the process and procedure that we normally undertake when dealing with harbor development or improvement projects. Public reaction appears to be due to a number of reasons and clearly reflects divergent views of our community.

Mary: As an AARP volunteer, I continue to be concerned about the fact that the monies appropriated by the Legislature for pedestrian safety improvements have yet to be released. I would like to ask the director what DOH is doing about the most dangerous intersections as identified by AARP. Is there a plan beyond planned maintenance? Is there a priority order to the needed improvements? Is this order something that DOT is willing to share with the community?

Fukunaga: Thank you for your interest and concern over pedestrian safety improvements. The department shares your interest in this area and has budgeted $18 million in pedestrain-related improvements for the next two years.

As for the issue of pedestrian countdown timers, we just installed 68 of them along Farrington Highway in Waipahu, including the intersection of Farrington and Pupukahi Street in which the AARP listed on their crosswalk report.

Another 92 countdown timers will be installed along Ala Moana Boulevard by the end of the year. Other state highways and roads being eyed for pedestrian improvements include Fort Weaver Road, Vineyard Boulevard, and Nimitz Highway from Kalihi to downtown.

A note about countdown timers: They are meant to inform pedestrians already in the crosswalk on how much time remains to safely cross the street. By law, if the red hand is already flashing, you are not supposed to begin crossing the street at that time. And if the countdown timer is down to several seconds, do not run or dash across the street.

G. White: Is it possible following the conclusion of the present litigation (environmentalists v. state/Superferry), that litigation may then turn to Superferry v. state?

Is it plausible that Superferry may seek damages from the state for the lost revenues from the present delays to their operation?

Should the Circuit Court determine an EIS cannot be conducted concurrently with operations, could Superferry seek damages from the state for however long they're stuck in Honolulu Harbor, unable to operate?

Fukunaga: We do not anticipate any problem with respect to Hawaii Superferry seeking damages against the state for our having to undertake an environmental review. We believe the court will allow the ferry to operate while we undertake our assessment.

Bruce W.: Is there legislation pending by our state politicians to override the Supreme Court's decision or to at least allow the Superferry to operate while the EA or EIS is being completed?

Fukunaga: There is no pending legislation to override the Supreme Court's decision at this time. Various legislators queried on this subject have indicated a preference to wait until judicial decisions are rendered before they decide on whether they will address the issue.

JohnK: What currently is being done to upgrade the harbors in Honolulu so that the harbor facilities can better accommodate the large container ships? I understand that right now ships have a long wait to get unloaded, costing time and money. Due to Hawai'i wanting to be a player in global trade, isn't this a high priority?

Fukunaga: The department is presently working on a major statewide harbor development plan that is intended to address expansion and upgrade issues. This effort is being undertaken in concert with our major harbor users. The major project included in this effort is the establishment of a new container yard in the former Kapalama Military Reservation in Honolulu Harbor. This area is being planned to prove 2 deep water berths and 79 acres of container processing area to accommodate our needs until 2035.

Hihitek: There was some concern at the Legislature that the improvements made at the state's harbors were specially designed for the Superferry. If the HSF fails, can those facilities be used for other purposes? What are the chances of getting another ferry operator, perhaps one that is not as "super"?

Fukunaga: The arrangements provided at our harbors consist of the piers and the boarding ramps that will enable a ferry of the type that is represented by the Superferry. The arrangement is intended to allow these types of vessels to use the available facilities. Whether other operators are interested in establishing service is uncertain at this time but the accommodation is available.

JP: I am baffled as to why the tail is wagging the dog in terms of enforcement. What specifically is being done to address the protesters who are violating state and federal laws?

Fukunaga: The security of harbor operations is being provided by a unified command that includes the U.S. Coast Guard, the state and the county. The procedure establishes a controlled zone to allow vessel movement into and out of the harbor and provide room and opportunity for demonstrators to conduct their activities in a safe and reasonable manner. The procedures outline the penalties associated with violations which is an important aspect of understanding the importance of allowing unimpeded vessel movement.

Constituent: 1) How much money were you paid to grant the Hawaii Superferry an EA/EIS exception? Did that money come from the Superferry? 2) Do you think counties need to have more say in the decision-making process when issues have a larger impact on the outer islands than on O'ahu? 3) Why are the exterior lights (the ones outside over the curbside sidewalks) at the Kahului Airport always on, all day even when the sun is out? Are they ever going to get turned off?

Fukunaga: Question 1: We were not paid. Question 2: The process allows for the counties to participate in the development and operations at our harbors. Question 3: We will have our airport staff look into the situation and make correction if necessary.

Tulsi: Is there any plan to complete the H-3/Likelike interchange? It's been over 10 years already and we're still waiting to easily move between highways. Also, why does the Likelike have to be closed so early this weekend, at 7 p.m.? Regular closures at 8 are early as it is.

Fukunaga: There are no current plans to establish an H-3/Likelike Interchange. The cost of such an interchange would be in excess of $60 million, also there are numerous cultural sites that have been identified in the interchange location. These realities do not make it feasible to consider the pursuit of this project. We prefer to focus on other more critical areas that can improve traffic conditions.

John White: If the courts do let the Superferry operate during the EA, won't the plaintiffs continue through appeals and other legal processes to halt the HSF? Might this not really come down to doing what the people want by acts of the Legislature? I am in favor of the HSF and don't see the plaintiffs as representing the majority of us.

Fukunaga: It is possible that any decision may result in appeals. We intend to proceed with the environmental assessment regardless of what appeals may be lodged with the courts.

Keala: I'm confused as to why an EIS statement is required on this project. Is it because taxpayers' money was used to develop the harbor?

Fukunaga: A determination of whether an EIS is required will not be known until the environmental assessment is conducted. We did not believe an environmental assessment was needed and were supported in this view by the Circuit Court. We were both subsequently overruled by the state Supreme Court and will, based on that decision, conduct the EA that has been prescribed.

MK: The arrival of the Superferry was anticipated many months in advance and the state invested quite a bit into developing the waterfront infrastructure for each island's port. Why would the state now require an EIS which could potentially shut down the Superferry's operations after all other preliminary steps had been taken for it to operate in Hawai'i? Does this also set a precedence for all other existing maritime operations such as Young Brothers and Matson?

Fukunaga: The actual improvements undertaken at our harbors to accommodate use by the Superferry are very minimal. That is the reason we determined that the adjustments fell within existing exemption categories available for facilities improvements. The decision by the Supreme Court now makes it more complex as we will need to consider secondary impacts associated with use of our facilities. This will certainly affect existing as well as new operators.

Bruce Behnke: Why does the state Department of Transportation put so much of its resources into automobile transportation when it is a neverending cycle of more lanes, more cars, more lanes ... ?

The more ecologically sound, heart-healthy alternatives of bicycle and pedestrian paths seem to be at the bottom of the department's priorities. Yet, without them, it is difficult to convince people to leave their cars. The state highway system either ignores the needs of bicyclists and pedestrians completely (ever try to get from 'Aiea to Kaiser or Tripler medical centers on bicycle?) or relegates them to a scary, if not dangerous, trip off the right lane of very busy highway.

So why not put more resources and attach a higher priority to this common sense alternative?

Fukunaga: We agree with your views and support the development of alternative forms of transportation. We currently include bicycle facilities in all of our new road and widening projects. We are also committing a significant amount of capital improvement funding into alternative transportation such as the Leeward bike path, completion of the Pearl Harbor bike path and coordination with the County of Kaua'i in their bike path system from Kapa'a to Lihu'e.