HomeMy WebLinkAboutREP PWC 011 03/25/1985 1984-1988 REPORT OF THE
COMMITTEE ON PUBLIC WORKS.
•
DATE : March 25 , 1985 RE: Corms . 9 . 3 , 9 . 4
and 9 . 5
PLACE: Councilroom
TIME : 10 : 30 a.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works, to which was referred
Communication 1720 relating to the Rules and Regulations of the
Department of Parks and Recreation, reports as follows.
Communication 1720 is a transmittal letter which submits to the County
Council for ratification, pursuant to Section 13-7 of the Hawaii
County Charter , amendments to Rule 6 of the Rules and Regulations of
the Department of Parks and Recreation. Rule 6 are the Department ' s
rules relating to user fees .
Your Committee has been advised that these proposed amendments to
Rule 6 were reviewed at public hearings on August 7 and August 8, 1984
in Hilo and Kona, respectively. Your Committee has also been advised
that all testimonies presented were reviewed and given due
consideration. The amendments, as submitted by the Department of
Parks and Recreation, are believed to be in the best interest of the
County.
Your Committee finds that the proposed amendments tailor Rule 6 to all
park facilities except the Hilo Municipal Golf Course , the Hoolulu
Complex, and County swimming pools. These amended rules establish
three categories of use :
( 1 ) "Free Public" which is open to the public without admission
charges and/or donations solicited;
( 2) "Non-Benefit" which includes uses limited to members and/or
invited guests where no admission charge and/or donation is
solicited for entry; and
( 3) "Financial Benefit" where entry is limited to admission
paying customers and/or where the sponsor or vendor uses
such facilities or property for the sale of real property ,
goods, products, services, or space at the facility.
PWC REPORT No, 11
(AMENDED)
ADOPTED: APR 3 1985
PWC-11 (Amended) Page 2 February 26 , 1985
The proposed rules also establish special provisions limiting
"Financial Benefit" uses to once per quarter per calendar year . The
rules also provide that each separate vendor pay a $25 fee and
eleemosynary organizations pay $10 fee .
The user fee schedule is also amended to reflect the three instead of
four categories of use. Zoo admission charges are being deleted as
are the golf user fees and the multi-purpose pavilion user fees. Golf
user fees and the multi-purpose pavilion fees are already part of the
Department ' s Rule Nos. 2 and 4.
Your Committee on Public Works is aware that there is much controversy
on Rule 6 . The Committee has taken special efforts in its
deliberations by participating in a public hearing on Rule 6 on
January 11 , 1985 in Kona . Your Committee also acknowledges the public
testimonies presented at its meeting of February 26 , 1985 .
Subsequent to that meeting , it has been brought to the attention of
the Committee that the Hale Halawai facility is zoned "open" . Under
this zoning , recurring commercial activities such as "flea markets" ,
"swap meets" , or "open markets" may appear to conflict with
Chapter 102, HRS, Concessions on Public Property .
Due to the appearance that the use of the Hale Halawai or any other
public property to conduct operations of this type are in direct
violation of the statute, your Committee on Public Works has amended
its report of February 26 , 1985 and now recommends that the proposed
amendments to Rule 6 of the Rules and Regulations of the Department of
Parks and Recreation be denied and that the Department be requested to
draft and submit new amendments prohibiting the use of public park
facilities zoned "open" in Hawaii County for recurring commercial
activities and that in compliance with the la , that such commercial
activities be prohibited pending the adoption • f new rules and
regulations. .�
id4 /Aro
M ' LE K. LAI, CHA *WOMAN
A/*_r C-4 r
t'—RUSSELL KOKUBUN, ICE CHAIRMAN FRANK DE LUZ , III, MEMBER
Et Wet e-CALCOA./
1,..)01R.Lux41/7-- - K..)
TAKASHI DOMINGO, M MBER ROBERT HERKES, MEMBER
LA/GM