HomeMy WebLinkAboutREP PWPC 026 03/18/1997 1996-1998 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND PARKS
DATE: March 18, 1997 RE: COMM. NO. 1407
PLACE: Councilroom
TIME: 1:36 p_m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Parks, to which was referred Communication No. 1407,
reports as follows:
Communication No. 1407 is an information sheet for sidewalk use permits submitted by the
Hilo Woman's Club in support of their request for a sidewalk use permit. The sidewalk use
permit requested is for the purpose of allowing the placement of a 24" x 30" sandwich board
sign on the sidewalk in front of their "Pink Elephant Thrift Shop." The Shop is located at
216 Kamehameha Avenue.
Your Committee on Human Services and Public Works first considered this matter at its
October 17, 1996 meeting when it elected to defer discussion because the applicant was not
present.
Communication 1407 was again discussed at Your Committee's November 13, 1996 meeting.
During this meeting, Mrs. Marlene Lundquist, of the Hilo Woman's Club, clarified that the sign
would be located off the pedestrian sidewalk, upon a graveled area in front of the Shop that was
intended for landscaping purposes. Your Committee recommended approval of this sidewalk
permit application in Committee Report No. 157, subject to the condition that comments from
the Downtown Improvement Association (DIA) be received by the Council prior to granting
final Council approval.
Mrs. Lundquist subsequently submitted a letter to Your Committee, Communication No. 25,
received on December 1Q 1996, which enclosed photographs of the gravel area next to the
sidewalk where the applicant planned to place the sandwich boazd sign.
During its meeting on December 18, 1996, the Council reiterated its desire for input by the DIA
and referred this matter back to Committee for further discussion.
Public Works and Parks Committee Report
March ] 8, 1997
Page Two
The DIA's written comments, Communication No. 25.01, dated January 2l, 1997, were
submitted to Your Committee, now known as, the Public Works and Parks Committee. In these
comments, the DIA stated that its first concern was that the proposed sign complied with the
County's rules and regulations. The DIA further expressed concern that pedestrian safety should
neither be compromised by the placement of this sign nor by the proliferation of sandwich
board signs that might result from granting this application.
In preparation for further discussion on this matter, Committee Chair Dominic Yagong,
requested an opinion from the Corporation Counsel's office regarding the following two
questions:
1. Does Chapter 22, Division 5 of the Hawaii County Code regulate the placing of
sandwich board signs on County property?
2. If Chapter 22, Division 5, does not apply to this situation, please inform us
whether the proposed use is otherwise regulated by County law and identify such
laws.
In this written request, Communication No. 25.03, Mr. Yagong noted that, Committee staff have
been advised by the Department of Public Works that the sidewalk area fronting the Pink
Elephant Thrift Shop is located within the County right-of--way and that this right-of-way also
includes the landscaped gravel area where the Applicant proposes placing the sign.
Mr. Richard Wurdeman, Corporation Counsel, replied in a written opinion, dated
February 27, 1997. In this opinion, Communication No. 25.04, Mr. Wurdeman confirmed that
the gravel area where the applicant proposes placement of their sign is County property and
considered to be part of the right-of-way.
He further advised Your Committee that the gravel area in question, is a part of the public street
pursuant to sec. 22-1(3), Hawaii County Code and that consequently, "Not only does the
sidewalk use ordinance, HCC Sec 22-20 et seq., not provide for the placement of signs on
sidewalk areas, but the sign ordinance referred to above, [HCC sec. 3-21] evidences a firm
policy against advertising within the boundaries of a street or highway."
He concludes that, "The granting of a sidewalk use permit for this use is thus, not provided for
under the ordinance."
public Works and Parks Committee Report
March 18, 1997
Page Three
Discussion on this application was resumed during Your Committee's meeting of
March 18, 1997. Mrs. Lundquist and two other members of the Hilo Woman's Club spoke in
favor of the application.
Your Committee expressed concern about individuals who do not comply with County law
relating to placing sandwich board signs on sidewalks.
After consideration of all of the above, Your Committee reports that it recommends denial and
filing of the Hilo Woman's Club's application for a sidewalk use permit contained in
Communication No. 1407. Your Committee also recommends filing of HSPWC Report
No. 157, Comm. 25, Comm. 25.01, Comm. 25.02, Comm. 25.03, and Comm. 25.04.
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AYES NOES A&E EX Respectfully submitted
YAGONG X C MMTTTEE ON PUBLIC WORKS & PARKS
REYNOLDS X
CI IUNG X
LEITHEAD-'TODD X ~ t~ti~,.-~ \ ~
RAY X DOMIIVIC YAGQ 4 H~ 1R
SANTANGELO X PW&PC RE R N~. ~ 6
SMITH X
ARAKAKI E.O.M X ADOPTED: AFR i) 2 1987