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<br /> --w? <br /> REPORT OF THE <br /> COMMITTEE ON PUBLIC WORKS AND PARKS <br /> DATE: December 2, 1997 RE: COMM. N0.229 <br /> PLACE: Council room <br /> TIME: 9:08 a.m. <br /> Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> Your Committee on Public Works and Parks, to which was referred Communication No. 229, <br /> and reports as follows: <br /> Communication No. 229 is a letter from Mr. Moustafa Mohammed, dated March 17, 1997, <br /> submitting a sidewalk use permit application for Basil's Restaurant for the purpose of allowing <br /> tables and chairs outside, off the sidewalk thoroughfaze, to accommodate the disabled patrons <br /> and families with baby strollers. He also submits a certificate of insurance naming the County of <br /> Hawaii as additional insured in accordance with the general liability policy provisions were also. <br /> Letters provided from Maung Thein Lwin, Ohana Aloha & Causual Weaz, and Barbaza Biddle, <br /> Marketing Administrator for Paniolo Greens, stating that they have no objections to this <br /> expansion. <br /> On April 15, 1997, Your Committee recommended deferral of this communication pending <br /> receipt of recommendations from Corporation Counsel, Department of Public Works, and the <br /> Kailua Village Design Committee. <br /> Communication No. 229.01 is a memorandum from Galen M. Kuba, Dept. Of Public Works <br /> Engineering Division, dated April 9, 1997, in response to the subject matter, states that the <br /> proposed outdoor seating area is within the County road right-of--way as shown in site plan from <br /> applicant. <br /> Communication No. 229.03 is a letter from Richard D. Wurdeman, Corporation Counsel, <br /> commenting on the application of Basil's Restaurant on Alii Drive, Kailua, for a sidewalk use <br /> permit to place tables on the public sidewalk fronting their establishment, to serve customers. <br /> The opinion of Corporation Counsel is that the applicant "would fall within the ordinance <br /> definition of "peddlers" and/or "canvassers" or "solicitors." "To find otherwise, would open the <br /> Alii Drive sidewalks to all varieties of commercial activity, as a result clearly not contemplated <br /> by the ordinance. Should the applicant wish to pursue his plan, therefore, he should submit a <br /> request not only for the placement of the desired street furniture, pursuant to Section 22-58, but <br /> for an exemption by Council resolution, pursuant to Section 22-31(b) for the activity which he <br /> proposes." <br /> <br />