2017-06-06 Kailua Village Design Commission Minutes

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the Commissioners could make their point with the Director that they needed his help to make the Kailua Village beautiful. Commissioner Roth said that according to the Director’s letter, someone had to file a complaint in order to start the enforcement process, and therefore would basically be confronting the particular business owner. Chair Dahlberg noted that complaints could be filed anonymously, but that the complainant would not be informed of the enforcement progress. Commissioner Van Pernis said that the ordinance did not provide that enforcement was to take place upon a complaint, and that if the Commissioners were to ignore this issue, there was no reason for the Commission to exist. Chair Dahlberg pointed out that there was also a fairness issue where some business owners were following the required process to obtain permits, as exampled by the earlier agenda item, yet there were others who put up any signs anywhere without permits. Commissioners Roth and Sullenberger agreed that if the Commissioners were to take on the complainant’s role, they would have to be very careful to be fair, which would basically require them to turn in all businesses that were in violation. Commissioner Sullenberger further said he did not think that that would be the right path for the Commission. Commissioner Andreae suggested that a committee be formed together with public members who might be better suited for forewarning businesses. Commissioner Van Pernis said that he did not think it was the Commission’s job to warn the businesses, and that at present the Commission should write back to the Director, asking him to attend a meeting and be ready to present the data of sign permits in the area. He then offered to prepare a draft letter for the Commission to review. Commissioner Roth commented that rather than make work for the Director to prepare a list of the existing permits, which itself would not provide a solution, a better way might be to have a business organization, such as the Chamber of Commerce and the Kailua Village Business Improvement District (“KVBID”), talk with the businesses to create an environment where they would work with each other to get in compliance together. Mr. Dunlap reminded the Commissioners that the DPW had not accomplished the Sign Code amendment as directed by the County Council. He opined that it would be reasonable to invite the applicable councilmembers to a meeting and find out if they would support enforcing the Sign Code within the KVSD, if not county-wide. Chair Dahlberg commented that since the councilmembers were to support what their constituency supported, there was merit in Commissioner Roth’s point about involving the grass roots. Commissioner Kern said that the KVBID would be a good organization to involve since their interest was focused on the center of the Kailua Village and they had already done a lot to improve the appearance of the district. Commissioner Andreae mentioned that she had a friend in the KVBID whom she could speak to. She opined that regardless of the DPW’s current practice, the Commission should hold the Director to the ordinance, and that the Commission could assist him by enticing the KVBID or another private group to initiate the enforcement process. Commissioner Roth commented that if he were a business owner, he would rather be approached by the KVBID in a collaborative manner. Chair Dahlberg noted that the Commission should keep in mind that the KVBID might not share the Commission’s concern and/or might not be supportive of this effort. Commissioner Van Pernis said that as long as the current ordinance was in place, it should be enforced, and that it was a duty of the Commission to make sure that 4