COM 0183.002 2002-2004 - Laserfiche WebLink

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, , Her x~ uncnln s.T. Aawaa Mayor Corjxxafion Coanal •i+:~: „S;t~r Gerald Tbkase ~•eF M'~ Anirfanf Corywrafion Courtin ~II1TT[#~T Q~ ~~tt2tit OFFICE OF THE CORPORATION COUNSI•;I, lOl Aupuni Stfnet. Suite 325 • Hi10. Nawaii 96720A262 • (808)961-8251 • FAX (808)961-8622 May 5, 2003 Pamela Mizuno, Deputy Director r~~ ~r~}' ~ Department of Parks and Recreation ~ ~ ~ 101 Pauahi Street, Suite 6C,r~`'' Hilo, Hawaii 96720 ~OV'ti~'°° I lLttfy~~l1 Dear Pam: Re: Park Dedication Use Fees Corporation Counsel WRK 03-5323 Issue:Can park dedication funds from Waiakea, Kukuau, and Kaumana be used for Keaukaha Gym? Short Answer: It appears that the new Keaukaha Gym is a prohibited improvement replacing the old gym for this park facility. Follow up requests also ask for clarification of the Director of Parks and Recreations' authority to use park dedication funds under Chapter 8, Hawaii County Code, in relation to Section 46-6, Hawaii Revised Statutes. Discussion: The enabling statute of Section 46-6, Parks and playgrounds for subdivisions, Hawaii Revised Statutes, authorizes the County to draft ordinances pertaining to park dedication and to collect fees from the developer in lieu of the developer providing park lands for the desired development i This State statute also provides that the County, and not this fund, pay for improvements and maintenance. HRS Section 46-6, however, does not specifically resolve the question of expending funds gained from one subdivision approval in another subdivision. Relevant parts of Section 8-9, Use of fees, Hawaii County Code, states: (a) All moneys received pursuant to this article shall be used for the acquisition and development of park and recreational facilities to serve the area in which the subdivision is located. Moneys received may be expended on neighborhood or community facilities in a~ Gomm. No. ~ w'~ Ref. T . F.;f. Do"