transmitting a proposed bill in title the bill for an ordinance repealing chapter thirteen point zero four maui county code and establishing a new chapter thirteen point zero for a of the most any code relating to parks and recreational facilit and amending section six point zero four point zero nine zero of the maui county code relating to animal control officers the purpose of the proposed bill is to repeal chapter thirteen zero four relating to recreational area regulations establishing a new chapter thirteen point zero four a in the maui county code relating to parks and recreational facilities and amending section six point zero four point zero nine zero  county code relating to animal control officers members we are continuing our consideration of the department of parks and recreation is proposal to overhaul the chapter thirteen o four and also in your revisions regarding the horsemen powers of animal control officers at our last meeting the deputy director walked us through article two the pope proposed a bill in title prohibitions members we have of just to give you a little procedural background we've every time we finish a review of the of the of an article the department   the document that is before you article one and article two the changes that we were talking about on the floor are printed in green and so right now we have finished that section article two and will go over the specific changes at the very end of all of the review process we will go back to the changes go ahead and vote on those and then at that point we will have a draft and we will go ahead and no vote on that at the final and so i'm going to turn the floor over to miss savidge for the review of the changes on article updated revisions from article two if i may ask what is that twelve one fifteen sitting in front of us is th seventeen just to review through real briefly the comments that were added in from the discussion last time we had him number five hundred thirteen zero four zero seven zero there is a discussion about recreational facilities and if that included outdoor pavilion areas and the implications that that would have on animals specifically dogs on leashes being allowed in the outdoor pavilions and so this notation was included here as well as the definition of recreational facilities so it's just a note that if that's something that we're wanting to change that will need to make sure those definitions are in alignment with where dogs should and should not be allowed  was item number six there had been an inclusion to add a prohibition of feeding animals or staging any food or water and again this was just an item we had discussed in a little bit more detail w society and so there's a no place here as well that we may want to look at that a bit further following on page eighteen one of the prohibitions unless authorized by a permit  is intoxicating liquor and so there had been some concerns raised that there's some youth centers or even youth based activities that run on weekends or holidays the difference between public and private schools acknowledging different holidays federal state and county and so the thought had been again that perhaps there is a little bit more that needs to be looked at with this burbage following on page  nineteen the top of the page under item two identifying that the director may designate by posting signs areas where the following activities are not permitted with any park or recreational facility there was a number two writing on roller skates skate boards bicycles or similar devices with wheels you'll see in the changes section that there is a desire to include mopeds in scooters in this section as well down a bit further again on the page under animal prohibition section item number seven and eight which pertains to again not feeding or watering animals or animals and then also not allowing feral animal colonies to be established or maintained there was again comments placed in this section based on the discussion on the floor and as it was discussed with the humane society that perhaps there are just a little bit further that we want to look into those and perhaps a different language that may want to be proposed in that area following on page twenty those those nice scooters i broke my ankle right so i'd like a picture again point of being oh it would be appropriate to motorized scooters of people need to get around they're not toys they're actually at need mobility device would be probably what that would fall under and we can verify that might be something we neither need to add in as a definition so that distinguishes the difference where it is on pay each page thirteen the idea is that certainly you centers i think most of them are open on federal holidays especially on federal holidays and any of other holidays because the kids aren't in school so they go to the you center so i would think that the prohibition on alcohol would be not you know they couldn't drink within fifteen hundred feet where it says state and  county set down we can state and county holidays it's actually on page nineteen or at the very top that's the exemption on weekends and can because you lumps you centers in with schools which is understandable you may want to you know call that even state or county holidays at least no drinking within fifteen hundred feet this to mean sure we get specific specific dates in all our holidays and i know that's why i brought up the federal and outside of the state and county holidays because there are many now i can tell you that many youth centers do not open on christmas or new year's and those kinds of holidays but i guess what i'd like us to do is make sure that whatever holidays we were referring to there specified maybe even by naming the specific holidays that might even be more specified so that there's no question on what holidays referred because holidays fall during the week like he would be coming home added i mean state holidays fall sometimes right smack in the middle of the week and you sinners are open i agree it's not always weekends that were referring to so that would be my suggestion and i don't know what the other members feel but really i think this one has to be really specified i want to make sure that there is no loophole that anybody can use as far as done is when we go through the first time we're identifying the issues and then we're going forward with the next article but reviewing all of the issues that were brought forward on the floor to make sure that the issues were stated correctly and green when we finish with all the articles we will have a proposal of these type of issues of built will have been proposed in language that will be drafted by the department and various options that we can pick and choose from and that will be the final draft we can all vote on at the ferry and so on it's good to know that there's more to i know it's a it really is because when i got somos when we were discussing it i believe that most of the members agree that there shouldn't be feeding should be a ban right and i believe that i was talking you know i was on the position of feeding birds but yes i think i think i think that will let me ask the department what's the position and did you have any further discussion with the humane society about this particular issue thank you chair so our plan kind of moving forward with this is that we were going to work up a couple of additional options and then talk through those a humane society so that by the time we came back to this body we would be able to have again some maybe different language different drafts of options that were maybe a little bit more in alignment with the recommendations from the value means it's eighty or so at least you know you the page twenty one last just minor change more for document consistency there was of maui left after county in the alcohol prohibition is item number six so that would just maui would be deleted just for consistency throughout the rest of the document known and other than that that completes the article two changes that we discussed from last meeting so there any other questions we can move into article three on page twenty two see no go ahead and proceed with article three members age twenty one so just a little bit of explanation before we get to details this is going to be the section that you're going to see the most changes the most underlining in the most deletions in read from the existing primarily because this was the driving force behind why we started the whole process was dealing with the permits how can we make the process a little more transparent how can we put things in a little bit more of a logical progression so that members of the public  staff within our department the administration council everybody can pick up this document and understand what the rules on the process are when trying to obtain permitted use of the public facilities in this column the middle column that identifies changes you're not going to see anything in green yet because we haven't discussed it however there's a lot of language that you'll see in red and black type in the reason for this is just to provide a little bit more reference in the existing code column that is shown in exactly the order that the code is currently written so we didn't move it around  different sections with language so that means it always doesn't line up page by page right next to each other so we use this center column so that it'll be easier to refer to  existing code language versus the proposed so that they're right next to each other so hopefully that won't be it can get a little confusing in some spots but hopefully it'll it'll end up being something that's more beneficial rather than not so if we start off on page twenty two again we have art three title permits we started off and you'll see that article three will go what we tried to do is a very logical but logical order that if you wanted to get a permit what would be the things you would need to do or need to know and so we started off with when a permit is required and you'll see certain use or reserved use of a park or a facility is subject to the issuance of a permit any individual entity or organization wishing to conduct any activity event community costs or program within any park or recreational facility shall obtain a permit from the department prior to conducting the activity event demonstration class or program  so just a very generic permit requirement policy statement following this you'll see priority of permanence so generally if more than one individual or organization applies for the exclusive use of the same park or recreational facility or the same portion thereof for the same time period the director will determine priority pursuant to administrative rules adopt intersection thirteen zero four eight two four zero and the following priority  and so priority number one you'll see department sponsored annual special events two partnership leagues three department sponsored special events for department sponsor general use five as special event and six is general use and this is an a in addition this would be something additionally that's added partially because there is a lot of questions and concerns that come about that who has priority use of the facilities  multiple requests are made and so we wanted to not just have this be guidelines that the director is using but it actually be codified in the code and they would be able to go into more detail on this in the administrative rule rules process to be able to give exams polls and to talk through you know how do you go about becoming a department sponsored annual event or how do you become a partnership league what's the difference between a department sponsored special events and a generic special event so this would just provide again a general a general priority for use of the facilities after this you'll see a section authorisation which just identifies the director's shall ensure the appropriate permit is issued to fees and deposits are collected and the use of parks and recreational facilities comply with this chapter and additional language instruction that we added next you'll see  rescheduling so in the event of inclement weather and unforseen safety hazards permits will be accommodated through rescheduling to the extent possible permit holders must notify the department within twenty four hours of these circumstances for rescheduling to occur with no additional fees and again this is something that for the most part usually takes place the department tries to reschedule if there's issues based on weather as much as possible but we wanted again this facility are what are you ready for so recreational facility we defined on pa page thirteen so it's in the building or other physical structure located on and operated by the county including but not limited to swimming pools gymnasiums community centers and or pavilions used for recreational purposes und er the control management and operation of the department so thank you so for for me i have concerns about all the costs to utilize i think it's you know again as we went through this review we there are no changes to any of the fees so it wasn't something that we were specifically addressing with these proposals but i mean it is it is something that we deal with in a lot of the different districts because right now with the community centers for any of those general usage there's there's that one fee structure it doesn't matter if like what the purpose of the gathering is if it's a private or if it's a public meeting if it's if it's not being put on by the government entity then there's some sort of a fee that's involved in that and there has been struggles in many of the districts with people trying to have a free there is a big drug epidemic on a particular idea and then having community meetings be have of trying to do get your community healthier or trying to participate in all that so i am just hoping we don't lose sight that it's part of our public service and that's my concern  mr couch thank you researcher on the number d word says rescheduling in the event of inclement weather and unforseen safety hazards so as permit holders must notify the department in twenty four hours of the circumstances for rescheduling to occur with no additional fees generally some inclement weather you can tell within twenty four hours some we can but also unforeseen safety hazards if something comes up inside twenty four hours  going to be charged with an additional three department thank you chair i think the intent for this that it would be like if if someone were to be using a community center  on that day within twenty four hours of when that you know let's say the roof blows off or something so they're not able to go in and use the community center but they would notify us of that within twenty four hours of that incident happening i think the i can give the reasoning behind this languages we've had examples in the past where someone will come in two weeks later and i was unable to play my softball game because it was raining two weeks ago and so i wan reschedule it now so that's that's too late we need that communication to come in to us within forty eight hours of when the activity was scheduled so that we can make that accommodation out ok so this isn't before this is after the event occurs correct ok twenty four hours might be a little to strangers are you suggesting forty maybe forty eight only you know if it's a week and what happens if it is a friday night so it's actually got to be at least forty nine hours or something like that because if it's a friday night you can't notify anybody till monday morning that's true and what if there's a mentions the state executive orders in those i guess the chain of ownership for these particular parks mullewa lay is one of those also it was state iau to us maui county for management  so it starts with application and again you'll see that this isn't necessarily new language it's just being moved it's a different location from where it was in the on the following page you'll see it includes the following name of the individual organization if the activity is to be pretty both the proposed to be conducted for on behalf of or by an organization the name address email address telephone number of headquarters of the organization and of the authorized agent of such organization name address and the e mail address and telephone number of the individual who will organize such activity and whole be responsible for its conduct the name address e mail address and telephone number of the individual or organization to whom the permit is to be issued the nature of the activity to be engaged in by the individual or organization the date when such activity is to be conducted the hours when such activity will start and terminate the parker recreational facility or portion thereof for which the permit is requested an estimate of the anticipated attendance a statement of equipment and facilities to be used in connection with the activity certification of payment in full of all required fees and deposits by the due date as set forth in subsection thirteen zero for a one hundred c c table one and any other information which the director may require in making the determination as to whether the permit should be granted following this you'll see the application review which upon submission the permit application should be reviewed in and he had just should be obtained from the applicants contact applicants contact listed on the application and so currently the way that this is executed within the department is there is a one page application request that is a fillable documents that just asks all of these specific information on the back page of that is an optional checklist so depending upon the type in the nature of the activity those items on the back may be required for certain types of activities and then if the event is determined to be a special events where there's there is an additional checklist that the department has that's issued what if that determination i made of the permit type and that's what would take place in that application and review process so soon move on to fees and deposits you'll see the schedules for fees and deposits for permits are set forth in the annual budget ordinance and should be paid prior to any permit being issued on the following page we have payment required so fees in deposits must be paid within the time frame identified in table one failure to pay fees and deposits will result in the removal of the application request from the reservation system and so this this table is an additional table that's being proposed the justification for this type of a proposal is there are sometimes requests that come in and when the request comes in that it will get put into the reservation system and so once it's put into the reservation system it's not going to allow anyone else to put in a request on that date on that facility sometimes application requests need to be reviewed before they can be approved to make sure that the activity is appropriate for the space that if someone's requesting a ball field that it's for the type of activity that's appropriate for a ball field right now there isn't any time frame from once someone makes  the request or there becomes a difficult time for the department for months that reservation request is made for when the fees are actually paid and so this would be dates for each of the different facility types that once  activity is approved for that location and that's communicated to the applicant then this is the number of the number of days or the time frame they would then have to come and pay the fees in order to maintain that reservation for that specific facility or park so for government see that that's not up to it was there are no fees for the government permits community classes it would be within fifteen date is fifteen days from notice of the approved application general use permits this would be at the time of permit issuance and for special events for all of the special events department sponsored department sponsored with revenue  deal deposits and the key deposits so we start with the posit so shall serve a security for cleaning and restoring the permanent property key deposit service security to ensure all keys are accounted for when provided in conjunction with the permit deposits will be re funded provided the permit holder fully complies with the deposit requirements and within the posits it shall be forfeited to the department of cleaning and restoration is not completed within the time provided by the permit if the permit holder does not satisfactorily clean and restore the recreational facility or park the department shall perform the necessary cleaning and restoration with hold the customer will deposit and recover by any legal means necessary any cost in excess of said deposit within key deposit on page twenty five key deposits shall be forfeited to the department in the event that any key is not returned to the department within forty eight hours or the next business day after terminations of the activity if it is necessary for a recreational facility to be and that caustic the key deposit any excess amount should be recovered from the permit holder by any legal means necessary including for any questions mr couch thank you mr chair there's that i lied like the next business day which is fine but you also have within forty eight hours i think that's unnecessary  then within forty eight hours because you have the next business day and that that should take care of almost every event right  i don't see any problem with that was there gives an option within forty eight hours because sometimes i've heard events where the next day back in there cleaning up i know what mr savage will tell you that sometimes events and very late and they wait mr chair this then if that's the case then you need something that says you whichever is later yes yes that i can have one or the other right so you're giving them options so it was basically whichever's longer or later with into business period on the other provision while i was looking for consistency so that people will say one human one thing here and then something else there so i mean that starts to create its own challenges so why don't why don't we have  day have a new party sign up so if it's with been too busy you know i mean is there going to be some kind of backlog and process over if we see it that way what happens when you have a party on friday a party on saturday  issued that we do go through that on the weekends where you issue sometimes there's three keys out for one facility either way if we said forty eight hours two business days as long as we just have some time frame that's relatively close to when the event is actually taking place for us to just be able to make sure that we have the keys accounted for back within the offices and then if we don't have them by that date that we're then you know moving forward into kind of the next step you know just i think the language whichever is the longer whichever's leader because it kind of gives them flexibility for the chair i give him consistency then you're going to put that in the same one and  know mr copas is mr chair yeah well consistency is good those are two separate issues one is you know notification of we had to counsel which isn't as urgent as getting the keys back so  i i'm fine with it as you know whichever is later yeah it's good to be consistent but these are two completely different issues i think one of them is the you know just what was inside the department work with that you're you're very aware of what moving on and the other questions ok ok so picking back up on page twenty five item d duration and this would be one change that we're looking at making so other than lea permits shall not exceed five consecutive days unless authorized by counsel as it currently reads anything that's more than three consecutive days if it's put on by a nonprofit the director can authorize the usage and then that gets communicated to council through an annual reporting if it's for profits and to tear individual that's requesting more than three consecutive days than that comes to council for aleutian and so what we're requesting is to move from three consecutive days to five consecutive days and then treat all of the activities the same after that now the reason for this being is the majority of the special events that take place within the county usually need a permit for four or five days because it's either a two or three day event there's a set up day in a break down day so the majority of those permits that are issued to most of those non profits currently are for four or five consecutive days so this we would just be looking to have consistently the director can authorize permits for up to five consecutive days anything that we would come back to council for a resolution  of any questions so you know next to me you'll see display of permit permit holder shall upon request show the permit to any law enforcement officer part caretaker any department personnel f denial director may deny the issuance of a permit upon determination that one the requested parker recreational facility is not suitable for the proposed use to the proposed use for the requested park recreational facility is not in the best interest of the general public three a scheduling conflict exists for him previously using any of the park or recreational facility that applicant has a received a park citation within the previous year which citation was related to or associated with the use of any park or recreational facility be used to park or recreational facility in a manner inconsistent with any of the information provided in the application or permit c conducted an event requiring a permit without properly obtaining a permit d violated any applicable federal state or county vas or regulations including but not limited to the prohibitions listed in section thirteen zero four zero seven zero or thirteen zero four eight zero eight zero p failed to satisfactorily clean or restore any park or recreational facility and failed to pay any cost in excess of the custodial deposit or key deposit if the department had to clean and re store the premises or reeky the premises studio said permit is failure of questions or c of mr couch two requests to park a recreational facilities not suitable for the proposed use that generally is you know common sense if you don't want to play baseball on a football field or something like that  but we got in when i was working in one point zero we got into an issue where the director says i don't think that's suitable for the use for that facility and so tried to deny an event that had to go up further to the mayor to say no you got to let that one go so i'm a little concerned about that one when it gets into the gray area and that that goes with number two as well not in the best interest of the general public sometimes you know people want to have their we're always or whatever free speech that kind of thing  we may not think it's in the best interest of the general public but they have the right to do that so where do we draw that line as well our department thank you chair so these two items these would be ones that in the administrative rules process we would want to expand a lot further on categorizing what are the facility types that we issue permits for and then being able to identify what are the appropriate usages of those and by having that type of language in administrative rules that gives more flexibility that as the way we recreate changes we can adapt those administrative rules to that because there's i mean as many of you know the types of sports and recreational activities that we participate in today you know some of them were non existent in communities fifteen years ago and what we may be doing in the next two weeks could be same thing something that's very different from how we normally use the facilities so we would want those administrative roles those would need to go through an annual review process with the public and the department to be able to identify are there changes socially that need to be incorporated into the permit in process so that we're appropriately using the public facilities so i know that's i mean it doesn't guarantee that there isn't at some point going to be a decision made about maybe what is or isn't allowed but that's the intent of the department is to have this more clearly described in the administrative rules process and then have that be built into an annual allowed just about anything and everything and we found some real challenges with that all publicly right now in issue and a public situation not so much a public facility but a public thoroughfare for which religious groups are coming in and being very disruptive to the event itself and so now we have to look at some alternatives because did ministry of rules do not cover this so yes you know i think some guidelines would be very very helpful and that way at least we would have a say in it and more importantly i want to see a scene at least review it with the department and more importantly at least the public would understand we are trying to keep our parks park usage and not always for special events and that's another thing i've heard a lot of people get very frustrated that our parks are being used for many special events and not for the public who really page to maintain it day in and day out so adding in any legal and then engage in illegal or disorderly behavior and then changing the code number references to align with the new numbering system under cancellation see a new language once permit fees and deposits have been paid noticed of cancellation must be received by the department in writing as listed in table two late notice of cancellation shall incur a cancellation fee equivalent to the custody of the posit failure to use the facility is permitted shall result in forfeiture of the custodial deposit and rental fee and on the next page will see another new  new table one of the language changes that i'll point out the last sentence says failure to use the facility as permit it shall result in forfeiture of the costo dual deposit and rental fee the reason this was added in is special during graduation season when the community centers are in really high use we had a few situations where people came in you know week or so before their permitted use and they said i want to cancel my event i'm not going to use the social halls and we you know let them know they're within the timeframe that we'll have to pay the cancellation fee and when they looked at it they said ok well never mind we're just going to have just we're going to keep the we're going to keep keep our permit but yet they didn't use the facility and there's multiple people that would have jumped at the opportunity to use the facility even a week out and move their party to be able to be accommodated in one of the facilities and so this was added in because it was kind of a loophole if people didn't use the hall they would get back their deposit and they were only being charged the rental fee so they would if they waited long enough to decide if they were going to use it they just wouldn't cancel and they wouldn't use the facility and it would therefore prevent other people from being able to use the facility and so this sentence was added in to try to tie up just tighten that up a little bit so as you can see and these cancellation dates are not different from the dates that are currently in the existing code so for government there are no there's no time frames for those permits to be canceled community classes is seven days of notification general use permits would be fourteen days of notification the special events the department sponsored special events is seven days department sponsored with revenue and special events or seven days a nonprofit or political fundraiser special events are twenty one days and commercial special events are thirty days al our community and all of that yeah ok ok then then i would i would research i'd like consideration of the general use one again things happen with families and i think if we give seven  community i would like to see to change to seven days to give those people an opportunity to merge issues that's in the family family emergencies and all of a sudden you know things do happen why why is there are a seven day a difference and i don't know that there's a specific answer to that question we didn't go too much into the different days in our review we just reflected what was currently in that the days we really don't have too many issues with this other than what i had mentioned with just some of the more recent graduates parties so we haven't gotten a lot of feedback really positive one way or the other that it's like this isn't enough time or you know if it would be better if it was you know five days prior for the most part when people pay their fees up front there they're told about what the cancellation policy is or you know a lot of times people will call you know a month prior and make sure you know if i if i cancel can i still get my you know can i still get my refunds back i would i know a lot of this has been around for a long time and we're in a different age now and so that's maybe want some consideration i would like them to look more into that in that particular area i mean i don't want the members to know members without any objections we conferred in the fourteen days for the  cancellation notice and the general use to seven is there any objections that are ok so the savage s ok so moving on you'll see the last item i in this section nontransferable unless specifically authorized by the director in writing all permits shall be used by the permit holder and shall be nontransferable i'm wondering if this one maybe got just written in a in correctly in here because i i think we want it to be that all permits are not transferable ok so i think i agree with what you're saying that we probably don't want that unless i can understand that there may be some reasons but just to be wide open like that i would think you'd be want to have a little bit more detail maybe in the in the ministry of rules which is a representative of a director work because you have your district supervisors and you don't always have your director there i hope there will be consideration that the discussion here now so the the definition for director on page eight does identify that director means the director of the department of parks and recreation of the county or an authorized representative so throughout the rest of the document it always refers to director but that could be an authorized representative for the director and that would also be something that in the administrative rules we would want to identify that further because we don't want every decision to rely on one person have to make it we want to a system that  can then train and empower people at different positions within the department to be able to have the authority to make those decisions right i think if you had to minister to it will help your a little bit adapted all permit is shall execute an indemnity agreement with the county the director shall determine whether the risk inherent to a particular activity requires the permit to secure insurance and the type and amount of insurance pursuant to administrative rules adopted under section thirteen zero four a two four zero indemnity agreement shall provide that the permit he shall defend indemnify and hold harmless the county its officers agents and employees against any and all damages claims actions demands and proceedings for property damage personal injury injury or wrongful death arising from negligent wrongful or unlawful conduct by the permit in the use of the county park or recreational facility for which the permit has been issued  this section again would be something that in the administrative rules we would expand upon in a little bit more detail with for the different types of permits what are the insurance requirements for each of those and that's a conversation that we've been actively having with risk management for a while to just kind of review you know what are the current requirements are those still sufficient are there may be different types of activities taking place now that are you know more have more risk involved than others and you know our insurance requirements appropriate for that so that would be a conversation that we would continue to have and then incorporate into the administrative r chair and by some of these questions that i have you can tell the issues with directors before this one was used at one time to say well no you need insurance for no i mean no apparent reason again it had to be appealed up to the top so is there can we say something in conjunction with risk manager better corporation counsel or something like that so that just not an arbitrary decision that the director can make i think we're going to be addressing those and then ministry of rules to ari can be much more specific this is a general guidance and then the rules will be specific guidance so that's a good question but if it's not addressed in the administrative roles it would be another issue i think will be addressing that at least in administrative rules you might be able to say in conjunction with risk management because they're the ones that are the one that handles what risks or the county is liable for that kind of thing so we'll kno section towards the bottom of that page thirteen zero four a one to zero the appeal section and there's really no substantial changes again consistent silly consistency wise we changed it by the word person to individual throughout the entire document so you'll see that change and then the addition of this code a little bit later on but no major changes in the appeal process the following section thirteen zero four a one three zero department equipment rental on page twenty nine so subject to the issuance of a permit pursuant to article three the director may read department equipment to the subject to payment of custodial defeat custodial deposits and fees as set forth in the annual budget ordinance any damage to rented equipment shall be paid for by the permit in an amount equal to replacement costs as determined by the director and  forfeit any deposit any excess amount should be recovered from the permit holder by any legal means necessary any questions members of mr coach you know this one as this one is kind of interesting because you know you this as you could rent equipment is that mean that those like the stages that we have at the parks if you want to use that at say a field or whatever in the park do you have to rent them or those part of the is that part of the park services miss if you don't have to rent the tables that community center right so if the equipment is part of the facilities such as the tables and chairs are part of the equipment of renting that facility there's not a separate rental fee for that there's also community centers that have stages like built into them there's not additional fees for that if you were doing an event it's an open grass just open park space where there wasn't any of that and you wanted  to utilize department stages then you would rent those they would be moved into that location and set up ok so there are and you have a list of those some words cure and they used to in the old  four one four as shown on the existing side but now you're going to have a list of those now so the annual budget ordinance identifies because there's a different fee for each of th so you have some pieces of equipment that go between parks for instance the event states the big guy if there is a county sponsored event that is held on private property would you be able to with this new change here would you be would you be able to say ok it's a county sponsored event or the county is is involved in the event somehow you can take that equipment there and they can rent that under department equipment rental it says subject to the issuance of a permit pursuant to article three so in order to get a permit through article three you're receiving a permit like a use permit on parks property  this this little section kind of ties into the discussion we were having early on about the co sponsorship and this section would have to be adapted to reflect because we had talked about a couple different options during that section where you know maybe there's if if the council decides that they want the policy to be that county property can be used on private property through a rental process then we just need to adapt the language to be able to allow for that and you know maybe it's that there's a separate fee for that you know for versus it being used on county property some of the concerns from a department standpoint that come up with that is a lot of our equipment already has high usage so there's certain pieces of equipment that there's not too many more things that they could go to the mobile stages one that there's there's a lot of usage for that the other issue just comes with when you're moving large pieces of equipment just the wear and tear of moving it further i think probably the biggest concern though becomes far larger piece of equipment like the mobile stage and the mobile bleachers those require us to physically set them up you know they have electronic components built into them we have to make sure that the the power hookup is correct that they're leveled off if there's going to be you know people on them in the activities or people sitting on them that it's in a location that it's their set and appropriate and so sometimes the concern with if they're not on our property we don't have site control of them and so then  again that's just one of the things that as a department we go through often the other piece of that becomes if they need to be moved during off hours the individuals within our department that would move in set up the larger pieces of equipment you know work from six to two thirty and so if we're setting up for events that are on the weekend or we need to move them out into the space in the later hours of the afternoon then that's just going to incur additional it'll just be over time so it's just those considerations that we ask if if the council chooses to go down the route that they want the policy to be that park's property can be used and can be rented on private property that there's consideration made on the budgeting side so that we right now are going to give the i think we should have a little bit of a discussion right now so i'm sure some some options for the department so that they kind of know where we stand on so i guess the our culture is is anything that is private private i mean something nice having a private event on it on our private piece of property and want to use our equipment i would then be concerned that if something did go wrong not only getting the right liability wice and i think that's what my concern becomes because the county requires insurance most of the time for most events but you go on a private piece of property maybe they don't have that same week wire me which i think would be foolish but that would be one of my concerns and then if you get on private property and they mishandle misuse it now what happens so that's my concern i guess you can only sponsored center maybe not as large as ours the grounds me and then they have county sponsored events there or a special event right  think sometimes we have to look at the discretion make it you know discretionary decision to haul we're going to determine if that particular entity can still country ag fair and we as a county do support it we funded it annually but they go out and rent tents i think in particular and i don't think we do tents that we're looking more at beecher's and stage and things of that nature so i don't think it applies but you know i was thinking of something like that which is up there by ascii racers so that's part of that but it's a county sponsored event i know they have bleachers in their little arena where they do the trophy  so that's been over the years the i guess it ministry of decisions have changed many times for a while the department would the issue out they wouldn't issue permits though they would just allow for those equipment to be used and then there was a period of time where the department didn't allow any of the equipment to be used and then it returned again where equipment could i mean so it's been pretty inconsistent over the years as far as when it has and has not been and so that's part of what we're trying to establish now is we want there to be i think kind of a policy direction set so that it can be applied consistently that either it can be used in the department to control comfortable in allowing for the usage and create a mechanism for it and make sure that it's being done in a in a responsible in a safe manner or it's not allowed at all and same thing we can move forward with i'm not sure if this is the county portable stage or not but the maori matsuri festival so that's a county sponsored that's and it's a state property and it looks like that's our portable stage i'm not sure the mobile stage but they have that i would like that to be able to happen but that should be if that's going to happen for that event it should happen for all any county sponsored event that would like to do that so what i'm hearing is that if it's a county if it's unavailable for that specific event or whatever it's sort of along the same rules of the discretion of the directors are a few of the other things so has to be sort some sort of administrative rules so you need to have consensus as we move forward is we'll try to draft some verbiage that would allow for county sponsored events which would be any of the county departments or funding from an if the county grants are departments that would constitute an event being considered county co sponsored and then identifying within the specific equipment rental if they're only renting equipment how the priority of that rental is determined in conjunction with events that are taking place on county property that would be requesting those same types of pieces of equipment for rental ok i think that's what she was talking about when she was talking about priority a guy should determine for me how do they set that sure and at the other one was when she talked about county sponsored what how do you define county sponsored i would think if they're allowed to from the department whoever is if i have that entity and i see it or i have been sponsored by housing and then you know i get a letter of confirmation i've got this ok the next section starts on the very bottom of page thirty just a few minor changes so thirteen zero for a one for zero refreshment concessions refreshment concessions in parks or recreational facilities shall be administered by the director of finance as follows and again you just see very few changes in this the majority of the changes in section c states temporary fresh make concessions may be  accordance with section three point four zero point one nine zero a for of this code by the director of finance in conjunction with a permit issued pursuant to this chapter for the use of parks and recreational facilities which are not designated y who who has it is that determined by the finance or is that something that we have in policy that we could see you know sit organization utilizing the baseball park has priority over the existing concession permit where to go from there to chair so the concession stands are at existing facilities when a permit is issued for that facility that concession stand goes with that so if you have a permit for the baseball fields and there's a concession stand that's a part of that facility then your permit would also extend to the use of that concession stand for the duration of your of your permit mr coach thank you mr chair along those lines this is this is an interesting one because in the park we have a temporary i guess one of the leagues i think was a little league put up a really nice little trailer that is permanent on the ground but i doubt it was allowed by the i'm not sure how that happened but it's there now so the question would be so little leagues done and then the next season is either the mustang or maybe the adult softball or situation that where in the middle of right now is the department because there are buildings on county property that have come to exist over the years and so it would well memorial we're trying we're trying to kind of reach out and touch base with some of the if it's a specific organization that was either you know responsible for or currently is responsible for those certain locations if it's on county property then unless there's a lie sir a lease agreement in place it's county property and so that would mean that if are permits issued for other groups to utilize those facilities that those facilities on county property would also be available as a part of that permit so that's kind of something we're we're trying to work through right now on their dear and how they are permanent structures i can show you right now you go down to well more right literally feet that's three concession stands along that road with all controlled by different entities and we're not allowed to use it unless we words being deleted just more for grammatical changes the next section thirteen zero four a two one zero camping permits again you'll see the item be any individual organization desiring to camp at a park must submit a written camping permit application available from the department and may not camp until such a permit is issued so that's additional language being added to the most significant change that we're proposing what the camping permits in item c all c it says permits shall be limited to a maximum four consecutive days for each camping site so currently this is listed as three consecutive days and we're proposing moving this to four primarily because of the holiday weekends and a lot of times there's families or family reunion type of events or activities that want to camp for four days because of those extra days off and so we are requesting for that adjustment to four consecutive days item d again just a few changes again we have consistency changing individual instead of the person in the individual or organization so shall have in its possession a copy of the permit while camping in a part on the following page number thirty three camping fees again just the change of changing person to read as individual and then at the end it says in the annual budget ordinance sorry any individual or organization applying for a camping permit shall at the time about placation pay a fee as set forth in the i know budget ordinance to the director of finance are there any questions for article four members so no other further questions so we move on to the next section so article five rules and regulations of the department you'll see no changes in this language as well  the language in this section a shopper ok so the first thing we did was we sort of reorganized this used to have the penalties in a separate section and it seemed like it made more sense to have the penalties go along with the enforcement provisions so we moved it coincide with the force make provision we changed it from disorderly conduct to trespass because that's really what we're concerned about we have state law that defines and controls disorderly conduct under as previously set forth in the code plus we're defining what is a trespass in a county park facility what we had previously was more like somebody issuing a restraining order a temporary restraining order pursuant to a domestic violence incident and that really wasn't what we wanted to focus on what we wanted to focus on was improper use of the park there is law and or why revised statutes section seven zero eight eight fourteen point five there is a a petty misdemeanor offense called criminal trespass on to parks in recreational grounds but that's only if they violate a posted steiner aborning what we wanted to do was talk about trespass that pertains to the use of county park against the rules and regulations that we have existing for county parks or in violation of a permit so that's why we've made kind of a few of the changes that you see there is not a lot of changes because as i said the previous section was kind of designed as a trespass section but it was sort of built on a domestic violence restraining order provision so what we've done is we've changed it to read as follows thirteen zero four eight two five citations police officers park security officers law enforcement officers and otherwise department other authorized department enforcement personnel may issue citations for violations of this chapter and violation of the rules adopted under our administrative rules thirteen zero four two four provided that park security officers and other authorized department personnel may issue citations for violations of this chapter and then that laundry list is all the same things that was previously listed and that includes things like proper parking smoking and restrooms liquor in parking lots all of those kinds of previously prohibited activities would go to be b it's very similar to what was previously issued in our previously provided in the code the content and form of summons or citation shall be as adopted a prescribed by the administrative judge or of the district courts of the second circuit and shall be so does designed to include all necessary information to make the same valid within the laws of the state in every case where a citation is issued that origen all of the state citation shall be given to the violator provided that in the case of an intended vehicle the individual authorized to issue the citation shall ponder ending in a vehicle offending vehicle shall record the vehicles registration number and other information displayed on the vehicle that my identify its registered owner and shall conspicuous live fix to the vehicle their original of the citation citation shall be addressed to the registered owner of the vehicle but need not identify the registered owner by name so long as the citation identifies the vehicle by its license plate number or vehicle identification number that really pertains to all of those vehicle offenses parking overnight parking and beach access to improper parking and parking stalls parking in disabled stalls all of those kinds of violations and every citation shall be consecutively numbered in each various criminal codes that deal with trespass and so this is the way we propose that it reads now police officers park security officers law enforcement officers and other authorized department enforcement personnel responding to a complaint a violation of the prohibitions may take the following course of action the officer may issue a reasonable warning to request to leave the park or recreational facility for the purposes of this section reasonable warning or request means a warning or request communicated in writing to an individual which may contain but is not limited to the following information and then it has all of the information that needs to be on that warning on that written warning so there has to be a written warning to an individual if the individual so ordered be on page thirty six now if the individual so ordered refuses to comply with the written warning or request to leave the park or recreational facility or they return to the park or recreational facility before the expiration of the twenty four hour period i police department shall be notified and an individual shall be subject to arrest and prosecution for trespass under this subsection or under the section any police officer who arrested person pursuant to this section shall not be subject to any civil or criminal liability provided the police officer acts in good faith upon reasonable belief and does not exercise unreasonable force in affecting their arrest that straight out of the previous code section this section shall not operate as a bar against prosecution under any other section of the hawaii revised statutes penalties are exactly the same as they were before and they are consistent with what the state law provides as a petty misdemeanor for trespass and public parks and recreational facilities members of any questions waiting the law under their why revised statutes they would go by whatever that statute is so disorderly conduct or criminal trespass on to public parks or recreational grounds under the state law have different penalties than what this has these penalties are the same as they've always been and they are equivalent to a petty misdemeanor is there any concern or desire by the department as is the five hundred hour limit been effective or do we need to go higher department i actually think i can maybe one of the sharper i think that the issue has been that this isn't forced in the district courts and so it doesn't really impact the parks department they don't know anything about the penalties or the fees they don't participate in dealing cases or addressing the court first sentencing or any of that so that's all handled by prosecutors we coordinated the changes here very closely with prosecutors they've often felt that they didn't have enough teeth in the law and this they feel will give them better teeth and they've also volunteered to work with the parks department rangers to make sure we have a consistent approach and how we're going to respond to incidents and complaints and how those can be prosecuted fruitfully article seven commercial ocean recreation activity as we go through this you're only going to see very minor and a few language changes just so that there's consistency throughout the rest of the document so the no substantial changes made to this section the one things that you will notice in the existing the ability and then the definitions those both are being removed from the kora article specifically because they were included up at the front for the entire code so that all of our definitions and apply ability are in one location so as you kind of flip through page thirty seven and then into thirty eight you'll just see some very minor language changes as we're removing the type five it now is replaced with commercial special events permits you'll see some of the reference numbers changes changes made based on the new numbering system with the proposed language and then consistently throughout the rest of this article you'll see everywhere it was showing a political rules it is now changed to administrative  es and you'll see that a few times on page thirty eight thirty nine s to hear before we get off a thirty eight of a couple questions sure enough mr couch thank you thirty eight zero three zero i'm sorry three point three zero zero d you changed from shell to may i'm fine with that just want to make sure that but you're saying that if the applicant doesn't have an email address which is unlikely but there are still people out there that don't then that they don't have a complete application yeah though the way it's written that would be accurate most of our communications at this point with the operators are all through email communication and mr fine without it just be aware that on page forty again the political will to administrative rules change you'll see one addition added in the insurance section so under section number one after name the county has an additional insured on the permit holders general liability insurance policy of a million dollars the addition is per currents and two million in the aggregate thank you very good change ok good change th and then again another administrative rules language added the nontransferable section so thirteen zero for a three four zero on page forty one in the center just change the language a little bit so instead of it reading permits shall be nontransferable it says permits shall not be transferable  then under the penalties section there was an addition at the end to just add and the penalty imposed pursuant to to hawaii revised statutes and then some again minor editing on the way that the fine amounts are listed  and then on page forty two the final with ocean corette creation activity fund you'll see again just the change based on the numerical reference at the front of that section the in the last second to last line you'll see it says chapter six point zero eight and then it lists section thirteen zero four or so because we are changing this numbering and this needed to be included  for the new numbering thirteen zero four zero seven zero d and then in this review there was a small changes while instead of it reading in carrying out this chapter we're proposing to change it to at beaches or if there's additional at one time it was proposed for additional manpower to be funded from this or if there's specific equipment there's been some of the vehicles have been purchased with these monies in the past  so every year in the budget there's a specifically identified items with what's going to be funded from this ocean recreation activity fund  following up on mr couch is that you that it seems the language seems very very very broad in general it's almost like a second general fund is that you can use any of the fees collected from the ocean activities for the maintenance of county property or the salaries or purchase of the equipment is that i mean just bringing that forward to do are the members ok with that having it such as your so broad that you know it's not specifically for the park rangers or any other activity that's i related to the ocean activity here aside from the you know  nature so maybe what what i'd like to see the department do is come up with some again administrative rules how this money is being used and the utilization of this fun i think it should be primarily towards the commercial and third block down thirteen nontransferable block and then you reworded it to say shall not be transferable rather than shall be so then because that word is being used on page twenty seven and under permits item i nontransferable so i just thought for consistency based scared i was tired of like a stunt double negative but it's kind of like shelby nontransferable mean sh transferrable and then that is also where we were this sentence has a little more added to specifically authorized by director we had comments about that and that this not transferrable does not share the same verbiage so n hope and we will have all the changes are printed out for you and will be also the department will provide language options for all issues that we brought forward and i will be