COM 0183.002 2002-2004 - Laserfiche WebLink

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Pamela Mizuno, Deputy Director Page -3- May 5, 2003 should be read consistently with the policy of the ordinance. Hawaii County Code Sections 8-6 HCC3 and 8-2(a)(3)4 should then be interpreted as limiting the "area" of fund expenditure to within the judicial district of the contributing subdivision. Within that judicial district, funds should be expended where the facility is in "reasonable proximity" or "serves" the contributing subdivision. What is within "reasonable proximity" or "serves" the contributing subdivision are policy questions dependant upon numerous other considerations, such as available transportation, physical distance, past practice, other similar facilities, etc. Conclusion. As it appears that the new Keaukaha Gym is an improvement to this park's facility, replacing the old Keaukaha Gym, use of the Park Dedication Fund is prohibited by the enabling statute, HRS Section 46-6. Should the new Keaukaha Gym be deemed not an "improvement," and it is in the judicial district that also encompasses Waiakea, Kukiaau, and Kaumana, the Director of Parks and Recreation could then establish the "area" for park funding purposes to include Keaukaha and the contributing subdivisions. However, it is not readily apparent to this writer how the new gym is to be deemed anything but an "improvement." The Director of Parks and Recreation should proceed with caution when establishing broad "areas" for funding purposes and what is to be considered to be within "reasonable proximity" to or "serving" the contributing subdivisions as it may have unanticipated side-affects. Sincerely, C IG T. MASUDA eputy Corporation Counsel CTM:ch/de S:dept\park\Itr pam mizuno re park dedication fee\5-03\CTMchde `~cc: Councilwoman Bobby Jean Leithead-Todd 3 Section 8-6(a). In the public interest, convenience, health, welfaze and safety, there shall be a minimum ratio of five acres of land for park and playground purposes for each one thousand persons in every district. a Section 8-2(a)(3). "District" means [he judicial districts of Puna, South Hilo, North Hilo, Hamakua, North Kohala, South Kohala, North Kona, South Kona or Ka'u, as defined by the departrnent of research and development.