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Home My WebLink AboutCOM 0042.012 2002-2004 JUN-04-2004 10:37 AM BEACHES 1 806 323 0230 P. 01 I, _ . %~Oll JU~~I A(~ 10 12 Terri Ribordy ~,.~~n""~ P,O.BOx4637 C;OUI~ i Kailua Kone, HI 98745 Ph/FAX (808) 323-8238 June 4, 2004 TO' Mr. James Arekakl, Council Chairmen Mr, Gery Safarik A^r, Leningrad Elarionoff Mr, Aaron Chung Dr. Fred Holschuh Mr. Mike Tulang Mr. Robert Jacobean FAX 881-8812 Mr. J. Curtis Tyler Mr. Joe Reynolds FAX 326.569y RE: Bill 280, Draft 4 - An Ordinance Amending Chapter 3, of the Hawaii County Coda, By Repealing Article 1 -Relating to Signs, Adding a New ArtiGe 1 -Relating to Slgns, and Amending Article 2 - Relating to Kallua Village Signs Aloha, I am sharing the following personal background hoping to catch your interest in some of my views regarding the Bill 280, Draft 4 which fallow. I have a background in public aerviee in Hawaii. I worked over 10 years for the Department of Health, flue years providing nutrition education services for the Maui County District sad flue as an program administrator at Kinau Hele on Oehu. Each year while on Oahu, I was a designated 'legislative Ilaison' and spent a considerable amount of time working on legislative efforts within the Department, with the community and at the State Capital. I have a background in literaturo and sclentiflc research having earned a master of science degree from the University of California, Berkeley where I attended as a Regent's Fellow. I have worked in the Kailua Village Design district for the peat seven years, three years as the general manager of a tour operetion, followed by four years as a business owner-operator. And, even attar many hours of study, I still do not fully understand Bill 280, Draft 4 My intention is to positively participate in the process; and again, I apologize for my late-coming. I am writing with hope that the folowing will give more cause for thought and poshive action. CO~!CERN #1 Although there was a decision at the June 1d meeting to examine the wording within the parentheses of the following section due to it being content-based, I am concerned that would be too narrow. Comm. hlo. ~ ~ Z --r "ef. To: wf. Uate 4 JUN-04-2004 10:37 RM BERCNES 1 000 323 B23B P. 02 Coda based on whether the sign advertises a meeting,,.. versus advertising any regular or ongoing course of commercial antarprise appaan to be content-based...am I wrong? Section 3-8 (1) (A): 'when such signs relate to or advertise a meatinu, soedal vent. of temoorarv status or condition fah ac adverti~~g the sak. rontal. or lasso of said proDiflyl on which the sign is located, as long as such a sign is~ot related to or adverticina env rooular or onaoinst course of commeroial gnter4dse conducted on the property.' CONCERN M2 The definition of'Kailua Village core' (Section 3-3-19) with a specific sign code further restrictir>q small businesses within this area (Section 3-58-b) appears to be unfelt and discriminatory between businesses without Gear masoning. The Hawaii County Zoning Code, Article 7, Division 1, defines the Kailua Village Design district . significantly larger than the arcs defined within the definiton found in this sign code. I continue to assert that this apparent, arbitrary boundary of Huelalei Road is not appropriate and should be striGcen from this bill and replaced with a definition for the whole of the 'Keilua Village Oeslgn district' es defined in the County Zoning Codes. CONCRRN M3 Concerned with the use of 'Authorized personnel' in Section 3-38 (d), (e), (f), Section 3-40, Section 3-41 without a roferencs definition within Section 3.3. For Garlty, why not adtl a definition to Section 3.3, ac follows? 'Authorized personnel' means the director, or whenever necessary, any official of another department of the County assisting the director at his request, consistent with the usual duties of the official's office. FYI: I nave a business neighbor who believes that their ground sign placed in the front of the mall is pK because it was verbally approved by the Kona Outdoor Circle. Let's avoid the confusion of who and who fa not an authorized person. CONCERN S4 This bill is like changing the speed Ilmit from 40 to 15 mph on a main road, pooling no signs in clear view while Immediately issuing citations with significant flnec to violators. Ths omission of a 'waminq step' coupled with immediate, significant fines is anti-business and overly punitive; particularly in view of the 1) complicated nature of this bill, 2) the significant changes that are proposed for some districts, and 3) the Inadequate public education plan. While at the hearing, I listened to and spoke with individuals from the community that support the change to an immediate cummona~eitation because of the back log on the court system. This reasoning DOES NOT preclude diamiaeing the waminq step in the enforcement process. 2 JUN-04-2004 10:37 qM BEACHES 1 B06 323 8230 P. 03 As written, this bill will most likely cause punishment and, in soma cases, undue financial hardship to well-meaning, 'uninformed' small-business persons, These rules era complicated, and those familiar wkh them have not even produce summary sheets that are without errors (to be discussed later). I have spent hours trying to understand these rules, I still have many queationa about whet is end what Is not allowed. I amwell-trained and experienced in public mesa media education campaigns. In my professional opinion, the preparation of a pamphlet (Section 448) is not an adequate aubHc Qduca6on clan, particularly in view of the proposed enforcement process. Please support your local businesses; and at minimum, reinstate the warning step and view it as a step in the educational process. IF the business fails to eorrect the violation, THEN i:sue e citation or summons with immediate fines. CONCERN #5 The summary shoats disseminated with the bill contain erroneous Information and should be wrrected or clarified prior to additional distribution. The following 'may' be errors in the tables: Prohibited Sions (all districts) 'Proposed Code' heading appears to belong in the second column replacing the 'Current Code' heeding. Exempsyians (allowed without a permit in all districts) I cannot find the following listed exemptions within the current code; Single temporary unUghted signs in wmmeroial/Industrial dlatrlas - 8 sq. ft., or Single temporary unlighted signs In resitlantial/agriculture tlistncta - 8 sq. ft. Sjg~~ With Permits fall Districts) Current code for a subdivision identification sign is 'one sign, a sq. ft.' (Section 3-30). The Ilated'32 sq. ft. exempt' appears to refer to exemption (a) (1) (A) which is for a sign 'announcing' the names of the architect, engineer and contractor of the building enterprise or purpose for which the building la intended. Signs Allowed With Permits - Commercialllndustrial Districts 'Ground sign' current code column does not indicate current 18' ht rostridiona, and I cannot And that'Window or painted window sign' is specifically prohlbked In the current cods as indicated on this chart. In addition, the summary sheets do not address many sign specifications which are In the bill. I suspect the individual(s) preparing this document had considerable difficulty trying to figure how to format and prosent the Information. CONCERN #8 In closing...) have left this one for last because I have no simple remedy to suggost...if t understand these rules, this bill is discriminatory between businesses located within the same -3- JUN-04-2004 10:38 AM BEACHES 1 800 323 0230 P. 04 dlatrict and restrictive of generally accepted, usual and customary bualnesa proctices...for example, IF 'Sign' means any...figuro...diaplay...used to communicate Inforrnation of any kind to the public (Section 3-3-34), AND The total aros allowed to be covered by one or moro window signs...15% or 22 sq. n. (Section 3-59-5A), AND In any case, the total area allowed shall not exceed twelve square feet for any sign not fronting a public atroet...within the Kailua Village Coro (Section 3-58b), AND Any sign for product advertising is prohibited within Kailua Village (Section 3-61), THEN I would be prohibited from using the 100+ aq. tt. window aroa of my storo for the very traditional business practice of window diapleying of my products (swim wear), AND My neighbor or competitor with an 'open aiP frontage, would be allowed to display the same type of products along their frontage. Mahalo nui loa for your attention to my concemsl ~PJ.r... -4-