HomeMy WebLinkAboutCOM 0666.009 2006-2008 K. Angel Pilago Mts w Phone No.: (808) 327-3642
Council (/ice Ckair ~~~,C ' Fax No.: (808) 329-4786
Council Member, t7isrricr 8 E-Mail: kapilago@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i ,
Kailua Trade Center _
75-5706 Hanama Place, Suite l09 ~
Kailua-Kona, //awai'i 96740
r
DATE: September 24, 2007
TO: Pete Hoffmann, Council Chair
NNand Council Members
FROM: ~"K~Angel Pilago, Chair ~
Committee on Planning
RE: Proposed Amendment (Bill 176, Relating to an Ordinance Amending Chapter 2 of
the Hawaii County Code (2005 Edition, as amended), Establishing a New Article
Relating to a Hawaii County Cultural Resources Commission)
Introduced by: Council Member Emily Naeole
For your consideration, please find the following proposed amendment to Bill 176. This
proposed amendment is being introduced pursuant to the deliberative discussion Chat occurred
during the Committee on Planning meeting held on September 18, 2007 in Kailua-Kona.
The proposed amendment would delete the word "may" in subsection (i) of the "Powers and
duties" section of Bill 176 and insert the word "shall" in its place. The section of Bill 176, titled
"Powers and duties", would read as follows:
"Section .Powers and duties.
(a) The commission shall advise and assist Federal, State and County government agencies in
carrying out their historic preservation responsibilities. The commission shall provide
public information, education, training and technical assistance relating to the National,
State and County historic preservation programs.
(b) The commission shall initiate, accept, review and recommend to the State historic
preservation officer, historic properties nominations for inclusion on the Hawaii and
National registers.
(c) The commission shall maintain a system for the survey, inventory and nomination of
historic properties and azchaeological sites within the County, as well as a system of site
monitoring, that is compatible with that of the State historic preservation office.
(d) The commission shall administer the certified local government program of federal
assistance for historic preservation within the County.
Comm. No. I
Ref. To: ae~N~
Ref. Uate OCT 0 3 7[IN
Hawai `i County /s An Equal Opportunity Provider And Employer
Pete Hoffmann Chair, and Council Members
September 24, 2007
Page 2 of 2
(e) The commission shall provide design review for projects affecting any building or
structure, site or district eligible for listing on the National or Hawaii register of historic
places and shall request and consider the State historic preservation officer's review and
comment on all County undertakings, including the granting of permits. In its review, the
commission shall consider the cultural significance of the site and its surroundings along
with the secretary of the United States Department of the Interior's standards for
rehabilitation, as amended.
(f) The commission shall use the State Historic Preservation Plan to develop and implement a
comprehensive County-wide historic preservation planning process, which includes the
submitting of information pertaining to the State inventory of historic places to the State
historic preservation officer.
(g) The commission shall make recommendations to the Council for the expenditure of gifrs
and grants accepted by the Council for projects connected with the identification,
rehabilitation, restoration and reconstruction of historic properties, the historic preservation
planning process, and the promotion of exhibits and other information activities in
connection therewith.
(h) The commission shall adopt rules and regulations of procedure and conduct, pursuant to
chapter 91, Hawaii Revised Statutes.
(i) The commission [tnay~ shall review and comment on archaeological reports
submitted as part of development proposals to various County agencies.
(j) The commission may undertake any other action or activity necessary or appropriate
towards the implementation of its powers or duties or towards implantation of the purpose
of this article. More specifically these may include, but not be limited to, the following:
(1) Recommend new ordinances establishing special treatment districts and
archaeological districts;
(2) Review and recommend amendments to current policies and laws on the enforcement
of existing codes relating to historic sites;
(3) Continually reevaluate building code requirements and enact amendments that are
more sympathetic to preservation or provide exemptions for historic properties;
(4) Encourage the County, State, and Federal governments, and the private sector, to
implement appropriate management strategies, curatorships and meaningful
interpretive programs at significant historical and archaeological structures, sites, and
districts; and
(5) Assist in programs of historic preservation including presentations, films, exhibits,
conferences, publications and other educational means which increase public
awareness and participation in preserving the past."
The proposed amendment to subsection (i) of the "Powers and duties" section of Bill 176 as
exhibited in the attachment, is bolded for illustrative purposes.
KAP(mpd
Encl.
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE (2005
EDITION, AS AMENDED), ESTABLISHING A NEW ARTICLE RELATING TO A
HAWAII COUNTY CULTURAL RESOURCES COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and read as follows:
"Article
Hawaii Countv Cultural Resources Commission
Section .The Council finds that preservation of historic properties enhances the educational,
cultural, economic and general welfare of the Countv. It is deemed essential that the qualities
relating to the history and culture of Hawaii Countv be preserved through comprehensive
historic preservation planning. Implementation of chapter 6E, historic preservation, Hawaii
Revised Statutes, and the Hawaii Countv General Plan provide a means to pemetuate the value
of various cultures of which our community is comprised.
It is the intent of this article to provide for:
(1) Protecting and preserving historic properties and artifacts in the County and
encourage, where appropriate, their adoption for appropriate and feasible use;
Encouraging the restoration, rehabilitation and continued functional use of historic
properties;
(3) Encouraging the identification, preservation, promotion and enhancement of those
historic properties which represent or reflect distinctive elements of cultural, social,
economic, political and architectural history, and to encourage the designation of
historic properties, thereby ensuring that our cultural and historic heritage will be
imparted to present and future generations of residents and visitors; and
~4) Formulating Countv-wide comprehensive, historic preservation policies, programs
and plans.
Section .Definitions.
For purposes of this article, unless it is plainly evident from the context that a different
meaning is intended, certain terms and words are defined as follows:
"Council" means the council of the Countv.
"County" means the Countv of Hawaii, a political subdivision of the State.
"Historic properties" means any prehistoric or historic district, site, building, structure, area
or object significant in the history, architecture, archaeology, or culture of the Countv, State and
Nation, including those listed on the Hawaii or national registers.
"Department" means the planning department of the County.
"Director" means the planning director of the Countv.
"Historic preservation" means the research, protection, restoration, rehabilitation and
interpretation of districts, sites, buildings, structures, areas or objects, significant to the history,
architecture, archaeology or culture of the County, State or Nation.
"Mayor" means the mayor of the Countx
"Professional" means a person with those qualifications enumerated in the code of federal
regulations 36CFR61, appendix A.
"State" means the State of Hawaii.
Section .Commission established.
(a) There is established a commission to be known as the "Hawai`i County Cultural Resources
Commission", hereinafter referred to as the "commission."
(b) The commission shall consist of nine appointed members. The members shall be appointed
by the mayor with the approval of the Council and a portion of them shall be chosen from
professionals and persons with special interest in the following disciplines: architecture,
history, archaeology, planning, azchitectural history, Hawaiian culture, and ethnic history
and culture of Hawaii County. The mayor shall solicit lists of two or more persons,
recommended by community and professionals, such as the historic societies, architects,
and the state Office of Hawaiian affairs, for consideration in making commission
appointments. Commission members should have a demonstrated interest, competence
and/or knowledge in historic preservation.
(c) A portion of commission members shall be professionals in the disciplines of history,
Hawaiian culture or history, each havingprofessional representation on the commission to
the extent that such professionals are available in the community. The commission shall
also include members from different azeas of the County. who possess a knowledge and
interest in local area history.
Section .Officers and expenses.
(a) The commission shall annually elect from its membership a chairman and vice chairman
for terms of office beginning on April 1, until March 31, of the following yeaz.
(b) The commission may incur such expenses as may be necessary and proper and for which
appropriations have been made by the Council or any other appropriate person or agencx
Section Meetings and voting.
(a) The commission shall hold meetings at least monthly. All meetings shall be open to the
public, except as may be provided by law; and any person or a representative thereof shall
be entitled to appear and be heard on any matter before the commission.
(b) Special meetings may be called by the chairman, director, or by any three members of the
commission.
Section .Powers and duties.
(a) The commission shall advise and assist Federal, State and County government agencies in
carrying out their historic preservation responsibilities. The commission shall provide
public information, education, training and technical assistance relating to the National,
State and County historic preservation pro rgrams.
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(b) The commission shall initiate, accept, review and recommend to the State historic
preservation officer, historic properties nominations for inclusion on the Hawaii and
National resisters.
(c) The commission shall maintain a system for the survey, inventory and nomination of
historic properties and azchaeological sites within the County, as well as a system of site
monitoring, that is compatible with that of the State historic preservation office.
(d) The commission shall administer the certified local government program of federal
assistance for historic preservation within the County.
(e) The commission shall provide design review for proiects affectins any buildine or
structure, site or district elisible for listins on the National or Hawaii resister of historic
places and shall request and consider the State historic preservation officer's review and
comment on all County undertakings, includins the srantins of permits. In its review, the
commission shall consider the cultural significance of the site and its surroundinss along
with the secretary of the United States Department of the Interior's standards for
rehabilitation, as amended.
(f) The commission shall use the State Historic Preservation Plan to develop and implement a
comprehensive County-wide historic preservation planning process, which includes the
submitting of information pertainins to the State inventory of historic places to the State
historic preservation officer.
(gl The commission shall make recommendations to the Council for the expenditure of gigs
and grants accepted by the Council for proiects connected with the identification,
rehabilitation, restoration and reconstruction of historic properties, the historic preservation
plannins process, and the promotion of exhibits and other information activities in
connection therewith.
(h) The commission shall adopt rules and regulations of procedure and conduct, pursuant to
chapter 91, Hawaii Revised Statutes.
(i) The commission shall review and comment on archaeolosical reports submitted as
part of development proposals to vazious County a eg ncies.
(i) The commission may undertake any other action or activity necessary or appropriate
towards the implementation of its powers or duties or towards implantation of the purpose
of this article. More specifically these may include, but not be limited to, the followins:
(1) Recommend new ordinances establishing special treatment districts and
archaeolosical districts;
(2) Review and recommend amendments to current policies and laws on the enforcement
of existins codes relating to historic sites;
(3) Continually reevaluate building code requirements and enact amendments that are
more sympathetic to preservation or provide exemptions for historic properties;
(4) Encourase the County, State, and Federal governments, and the private sector, to
implement appropriate manasement stratesies, curatorships and meaningful
interpretive prosrams at significant historical and archaeolosical structures, sites and
districts; and
(5) Assist in programs of historic preservation includins presentations, films, exhibits,
conferences, publications and other educational means which increase public
awareness and participation in preservins the past.
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Section .Nominations to the Hawaii or national resister of historic maces.
(a) Anv person or organization includine the commission may submit nominations to the
Hawaii or National register by submittine a completed nomination form to the State
historic preservation officer.
(b) The commission shall hold a public hearing after receiving notification from the State
historic preservation officer of nominated historic properties with the County. At least ten
days prior to the hearing, notice of the date, time, place and pumose of such hearine shall
be published in a newspaper of general circulation in the Countv. Oral or written testimony
concernine the significance of the proposed nomination shall be taken at the public hearing
from anyperson.
(c) The commission shall forward its report to the mayor within forty-five davs after receiving
notice from the State historic preservation officer. The report shall include findings on
whether the property meets the criteria for nomination and a recommendation that the State
historic preservation officer either nominate or reject the proposed nomination.
(d) The mayor shall have fifteen davs afrer receiving the report of the commission to send this
report and a recommendation to the State historic preservation officer. The mayor's
recommendation may, but need not, concur with the recommendation contained in the
commission's report.
(el A determination by the commission and mayor that the application for nomination does not
meet nomination criteria is not a final administrative decision. Appeals must be filed with
the State historic preservation officer in writing, within thirty davs after the nomination has
been denied.
Section .Guidelines.
The following_documents on file in the planning department shall be used as a uig de in
matters pertaining to the review functions of the commission:
(1) "Hawai`i County General Plan" and an~pted community development plans for
the island.
(2) "State historic preservation plan" prepared by the State of Hawaii department of land
and natural resources.
(3) "Historic Preservation Program Guidelines" prepared by the National Park Service.
(4) "Office of Hawaiian Affairs Guidelines for the Consideration of Traditional Native
Hawaiian Values in Historic Preservation Review," dated 1988.
(5) Other reports, plans, studies, issue papers and memos as may be adopted by the
commission.
Section .Administration.
The director shall appoint a professional from the disciplines of archaeoloey, architecture,
architectural history, Hawaiian culture, history or historic preservation, to serve as the liaison
with the State historic preservation office pertainine to matters which deal with the pumose and
intent of this article. Said liaison may be an employee of the plannin¢ department or a member
of the commission. The director shall provide technical, clerical, administrative functions, and
any other duties delegated by the commission."
SECTION 2. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
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applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. This ordinance shall take effect July 1, 2008.
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