HomeMy WebLinkAboutREP PWC 066 01/13/1986 1984-1988 REPORT OF THE
COMMITTEE ON PUBLIC WORKS
DATE: January 13 , 1986
PLACE: Councilroom
TIME: 10 :00 a.m .
Chairman and Members
Hawaii County Council
Hilo, Hawaii
Your Committee on Public Works , to which was referred
Communication 381 , reports as follows :
Communication 381 is an application from Jeffrey and Sally Mermel to
use a portion of the County sidewalks to conduct business . The
applicants desire to place 3 compact tables with stools on the
sidwalks fronting "Bears ' Coffee" at 106 Keawe Street, Hilo .
In studying this request, your Comittee on Public Works has
solicited and reviewed the comments of the Corporation Counsel and
the Hawaii Redevelopment Agency (Comms . 381 .1 and 381 .2 ) . Your
Committee concurs with their findings that the Mermel ' s request does
not fall within the permitted uses of the County Code . These
permitted uses are for newspaper racks and temporary sidewalk sales .
Specifically, it is the opinion of our Corporation Counsel that an
amendment to our County Code is necessary before the proposed and
requested use can be permitted. Your Committee on Public Works
recognizes that a permit for the use of the sidewalk would expose
the County to more liability than it presently has . Even with
indemnification insurance , the County may not be fully released from
its exposure. Finally your Committee recognizes that the sidewalks
are public thoroughfares and that there exists a responsibility to
keep a portion of that thoroughfare available for its intended use .
Your Committee on Public Works presently is not receptive to
amending the County Code to permit such use .
PWC REPORT 66
iDOPTED : JAN 22 1986
(Opposed Report: Messrs . Dahlberg, Herkes &
ow
PWC-24 Page 2 January 13 , 1986
Your Committee on Public Works therefore finds that the Council of
the County of Hawaii cannot allow such a use of its sidewalks under
the provisions of the Hawaii County Code 1983 and accordingly
recommends that the application of Jeffrey and Sally Mermel to use a
portion of the sidewalk in conducting their business as
"Bears ' Coffee" at 106 Keawe Street, Hilo be received and filed by
the Committee on Public Works and that the applicants be notified of
this action .
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M LE K. LAI, CHA 'WOMAN
itlkial.-1.1
' SELL S. KOKUBU �, VICE CHAIRMAN FRANK DE LUZ III, MEMBER
44,4 (ABSENT AND EXCUSED)
TAKASHI DOMINGO, EMBER ROBERT N. HERKES, MEMBER
LA/GM