HomeMy WebLinkAboutREP PWIRC 036 09/18/2007 2006-2008 .
REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE: September 18, 2007 Re: Comm. No. 658/Res. 329-07
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIME: 3:40 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred
Resolution No. 329-07, reports as follows:
Resolution No. 329-07, transmitted by Council Member K. Angel Pilago, dated September 4,
2007, requests the Department of Public Works to consistently enforce the regulations within
Chapter 3, the Hawaii County Code 1983 (2005 Edition, as amended), relating to signs.
The purpose of this resolution is to protect the natural beauty of Hawaii Island; ensure public
safety, health and welfare; give fair and equal opportunity to all; reduce visual clutter; and
encourage and promote the visitor industry; and for the Director of the Department of Public
Works, or designated assistant, to consistently enforce any and all violations of section 3-7(a) of
the Code and that fines for violations be aggressively pursued in accordance with section 3-
38(c), of the Code (Administrative enforcement); and that Council recognizes and supports the
ongoing efforts of the Department of Public Works and will strongly consider the appropriations
of additional funding, if required, to carry out a more aggressive campaign to enforce the
regulations within Chapter 3 of the Code.
Your Committee heard testimony from four members of the public. The first testifier,
Sandra Scarr, President of Kona Outdoor Circle is in support of this resolution. The old and
Kaloko industrial areas is filled with sandwich board and signs in violation of the Sign Code.
They received many complaints from the public on these illegal signs in their office. It is the
Department of Public Work's, Building Division under the County Code that needs to enforce
the Sign Code. It was understandable with the October, 2006 earthquake disaster and the
unavailable building inspectors to follow up on the complaints. We do not need to be reminded
of our court case against the County several years ago, which Judge Ibarra ruled the County to
enforce its Sign Code. We are still waiting for the County to enforce its Sign Code. Would like
to thank the Council on bringing this before the public and to the attention of its Administration.
We ask that you have the building department enforce the Sign Code and help keep Kona and
Hawaii County clean, green and beautiful.
Theresa Andreae and Sally Marone, committee members of the Kailua Village Design
Committee are in support of this resolution. They are also active members of the Kona Outdoor
Circle.
The last testifier, Elizabeth Meyerson, helped author the Sign Code. The Sign Code should be
enforced proactively, equally, and in a timely manner. Many law abiding business owners are
upset that others are getting away with there illegal signs. As a Former tour operator and owner,
she has heard many negative comments on the unsightly appearance of the real estate signs,
banners and sandwich boards from the tourists they serviced. She is in full support of this
resolution and perhaps will provide the teeth needed to enforce the Sign Code.
Council Member Bob Jacobson thanked Ms. Meyerson for her dedication and hard work. He
would also hope that action will be taken on the enforcement by the administration as he shared
the public is disgusted and frustrated with these illegal signs and may take matters in their own a
hands.
Council Member Angel Pilago stated such use of tone earlier from Administration, and
expressed the need to follow the rules. He insists that the Public Works Director Bruce McClure,
or a designated assistant, consistently enforce any and all violations of section 3-7(a) of the Code
and that fines for violations be aggressively pursued in accordance with section 3-38(c), of the
Code (Administrative enforcement). This resolution simply calls on the director to do the job he
is supposed to do under the Sign Code.
Public Works Director Bruce McClure welcomes and is grateful the strong policy statement by
the Council. He believes they started down this road and obviously have not done enough.
Council Member Bob Jacobson asked Director McClure if there is anything the Council could do
to help. As in the past, he discourages passage because enforcement is an issue. He's glad
Director McClure accepted this statement. This is not a matter of criticism, it's the Council
trying to help support you.
Council Member Dominic Yagong fully supports the Sign Code and businesses. His businesses
are fortunate that they are in key, visible locations. Some of the businesses along Ali`i drive and
their locations are examples. Due to the nooks and crannies of where some of these businesses
are, it is virtually impossible for smaller businesses to be seen from the street or store front. He
brought this forward as an awareness that how the Sign Code is written, it will affect small
businesses. He supports Council Member Pilago and this resolution, for the record I am stating
that there will be businesses who will suffer from this. When the enforcement is done by DPW
in Hilo or Kona, I believe there will be casualties. He would like to support with strong
reservations.
Council Chair Pete Hoffman shares the same concerns as Council Member Dominic Yagong;
please enforce this.
Council Member Stacy Higa questioned Director Bruce McClure on sandwich boards. He is
aware that these do create traffic and safety hazards as seen in the industrial area in Hilo.
W _ _
Committee Chair Brenda Ford commented on the pictures of several illegal signs taken in Kona.
She addressed Director McClure and suggest he check with Chief Mahuna on having the reserve
police officers help with this problem. She truly understands our police are overworked and
understaffed, and offered this suggestion to the department.
Council Member Angel Pilago shared photos which were taken by a constituent. These photos
covered the most abusive areas in the Old Industrial and on Ali`i Drive. His recommendations to
the Department of Public Works are to concentrate and prioritize the enforcement efforts in this
area.
For informational purposes, Council Member Dominic Yagong voted "kanalua twice."
Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose
and intent of Resolution 329-07, and recommends its adoption.
dkr
AYES NOES A&E EX Respectfully submitted,
FORD X
HIGA X COMMITTEE ON PUBLIC WORKS AND
HOFFMANN X INTERGOVERNMENTAL RELATIONS
IKEDA X ~G~r~
JACOBSON X
NAEOLE X BRENDA J. FORD, CHAIR
PILAGO X
YAGONG X PWIRCREPORTN0.36
YOSHIMOTO X ADOPTED: OCT O 3 2001