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HomeMy WebLinkAboutCOM 0666.024 2006-2008 ri~ w Barry Kim C6ristop6er J. Yueu Mayor Director ''+;y~;;•w~+` Brad Kurokawa, ASLA LEED®AP QL ~tt~~tt Depury Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawau 96720-0224 October 22, 2007 (808) 961-8288 • FAX (808)961-8742 Honorable Pete Hoffinann, Chair and Members of the County Council HAWAII COUNTY COUNCIL 333 Kilauea Avenue Hilo, HI 96720 Deaz Chair Hoffinann and Members of the County Council SUBJECT: BILL 176, ESTABLISHING CULTURAL RESOURCES COMMISSION I had written a letter dated October 3, 2007 to the council expressing concern about some provisions of this ordinance. Specifically, some of the duties of the proposed Cultural Resources Commission, and that it increased the duties of the Planning Department without adding necessary staff. I have enclosed a proposed draft 3 of Bill 176, in "redline" format, showing changes from Bill 176, draft 2 in red, and also a version showing the proposed Draft 3. Even if these changes aze made, I remain concerned about the Planning Deparhnent's ability to implement this initiative at the same time as a large number of other new planning projects that we are currently working on or planning to begin. Sincerely, (~22 CHRISTOPHER J. Eh~ Planning Director CJY:pak Wpwin60/Chris 07/Hoffmann -Bill 176 -Establishing Cultural Res Comm. Attachments cc: Ms. Casey Jarman Mr. Kenneth Goodenow Ms. Tiffany Edwards ~ Comm. Nc. Ref. To• r Ref. Date_pCT 3 007 Hawai `i Counry is an Equal Opportunity Provider and Employer. t~ Oi H pY ' •'ili~ COUNTY OF HAWAII ~ STATE OF HAWAII BILL NO. ORDINANCE NO. 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 I .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 County Cultural Resources Commission Section The Council finds that preservation of historic properties enhances the educational, cultural economic and general welfare of the County It is deemed essential that the qualities relating to the history and culture of Hawaii County be preserved through comprehensive historic preservation planning Implementation of chapter 6E historic preservation Hawaii Revised Statutes and the Hawaii Counri General Plau provide a means to pemetuate the value of vazious 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 Counri and encourage where appropriate their adoption for appropriate and feasible use: (2) Encouraging the restoration rehabilitation and continued functional use of historic properties; (3) Enwuraeine the identification preservation promotion and enhancement of those historic properties which represent or reflect distinctive elements of cultural social, economic political and azchitectural history and to encourage the designation of historic properties thereby ensuring that our cultural and historic heritage will be warted to present and future generations of residents and visitors: and (4) Formulating County wide comprehensive historic preservation policies programs and plans. Section .Definitions. Por 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 County. "County" means the Counri of Hawaii apolitical subdivision of [he 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 County State and Nation inclpding those listed on the Hawaii or national resisters. "Department' means the planning department of the County "llirector" means the planning director of the County. "Historic preservation" means the research protection restoration rehabilitation and interpretation of districts sites buildings structures areas or objects significant to dte history. archituWre archaeology or culture of the County State or Nation. "Mayor" means the mayor of the County. "Professional" means a person with those qualifications enumerated in dte 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 b_y 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: azehitec[ure. history archaeology planning architectural 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 having professional representation on the commission to the extent that such professionals are available in the community The commission shall also include members from different areas of the County who possess a knowledge and interest in local azea 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 Affil 1 until Mazch 31, of the following year./ - oeieced: (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 agency. Section .Meetings and voting. (a) The commission shall hold meetings at leas[ monthly All mee[in~s shall be open to the public except as may be provided by law' and any person or a representative thereof shall be entitled to anoeaz 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. 2 Section .Powers and duties. (a) 'fhe commission shall advise and assist Federal State and Cpwity government agencies in canning 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 inventorv and nomination of historic properties and archaeological sites within the County as well as a system of site monitoring that is compatible with that of the State historic preservation office. / /(d)](cl The commission shall administer the certified local government program of federal assistance for historic preservation within the Countv. /(e)1(dl 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 Countv /undertakings including the granting of permits/proiects 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)lle)The commission shall use the State Historic Preservation Plan to develop and implement a comprehensive Countv-wide historic preservation planning process which includes the submitting of information pertaining to the State inventorv of historic places to the State historic preservation officer. /(e)/lflThe commission shall make recommendations to the Council for the expenditure of gifts and grants accepted by the Council for proiects 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 [herewith. /(h)1(gl The commission shall adopt rules and regulations of procedure and conduct, pursuant to chapter 91 Hawaii Revised Statutes /(i)/(h)The commission shall review and comment on archaeological reports submitted as part of development proposals to vazious County agencies. (i)(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 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 Countv State and Federal governments, and the private sector, to implement appropriate management strategies, curatorships and meaningful in[emretive programs at significant historical and azchaeological structures, sites, and districts: and 3 (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 east Section Nominations to the Hawaii or national register of historic places. (a) Any person a' organization including the commission may submit nominations to the Hawaii or National register by submitting a completed nomination form to the State historic preservation officer. (b) The commission shall hold a public hearino 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 lime place and purpose of such hearing shall be published in a newspaper of general circulation in the County Oral or written testimony concerning the significance of [he proposed nomination shall be taken at the public heazing from any person. (c) The commission shall forward its report to the mayor within forty-five days 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 days after 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 eontamed m the commission's report. (e) 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 days after the nomination has been denied. Section .Guidelines. The following documents on file in the planning department shall be used as a guide in matters pertaining to the review functions of the commission: (l) "Hawai`i County General Plan" and any adopted community development plans for the island. (2) "State historic preservation plan" prepazed by the State of Hawaii department of land and na[uralresources. (3) "Historic Preservation Program Guidelines" prepazed by the National Park Service. (4) "Office of Hawaiian Affairs Guidelines foe 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 azchaeologv. azchitecture. architectural history Hawaiian culture history or historic preservation, to serve as the liaison with the State historic preservation office pertaining to matters which deal with the purpose and intent of this article Said liaison may be an employee of the planning department or a member 4 of the commission The director shall orovide technical, clerical, administrative functions and any other duties delesated by the commission." SECTION 2. Severabiliry. If auy provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or 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 no[ be included. SECTION 4. This ordinance shall take effect July 1, 2008(.], or upon t/te appropriation of fiords for oat Less Ntat one additions[ position in the planning department to take core of7he additional duties required by this ordinance, ndtichever occurs later. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of InUoduc[ion: Date of l st Reading: Date of 2nd Reading: Effective Date: 5 ~TV,ar x~y 3° ~ COUNTY OF HAWAII ~ • STATE OF HAWAII 'i:, BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OP 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 azticle to be appropriately designated and read as follows: "Article Hawaii County Cultural Resources Commission Section The Council finds that preservation of historic properties enhances the educational. cultural economic and General welfare of the County It is deemed essential that the qualities relatinG to the history and culture of Hawaii County be preserved thtouGh comprehensive historic preservation planning Implementation of chapter 6E historic preservation, Hawaii Revised Statutes and the Hawaii County General Plan provide a means to perpetuate the value of various cultures of which our community is comprised. It is the intent of this article to provide for: (1) Protecting and preaervinG historic properties and artifacts in the County and encoura a where a ro riate their ado tion fora ro riate and feasible use' (2) 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, sociah economic political and azchitectural 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 County wide comprehensive historic preservation policies programs and plans. Section .Definitions. For pumoses 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 Coun[y. "County" means the County of Hawaii apolitical subdivision of the State. "Historic properties" means any~rehistoric or historic district site building structure area or obieet si~niticant in the hismrv, architecture, archaeology or culture of the County, State and Nation including those listed on the Hawaii or national registers. `Depaz4ment" means the planning department of the County. "Director" means the pla~ming director of the County. "Historic preservation" means the research protection restoration rehabilitation and interpretation of districts sites buildings sn~uctures areas or objects significant to the history architecture azchaeoloey or culture of the County, State or Nation. "Mayor" means the mayor of the County. "Professional" means a person with those qualifications enumerated in the code of federal regulations 36CF1361, 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 Co 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 architectural history Hawaiian culture and ethnic htstory 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 having professional representation on the commission to the extent that such professionals aze available in [he community The commission shall also include members from different azeas of the County who possess a knowledge and interest in local area history. SeMion Of'f'icers and expenses. (a) The commission shall annually elect from its membership a chairman and vice chairman. _ - - (b) The commission may incur such expenses as may be necessazv and proper and for which appropriations have been made by the Council or env other appropriate person or agency 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 env person or a representative thereof shall be entitled to appeaz and be heazd on any matter before the commission. (b) Special meetings may be called by the chairman director or by env three members of the commission. 2 Sectiar .Powers and duties. (a) The a~mmission shall advise and assist Federal State and County govenunent agencies in carrying out their historic preservation responsibilities The commission shall provide public information education training and technical assistance relating to the Natioual State and Countv historic preservation programs. (b) The commission shall initiate accept review and recommend to [he State historic preservation officer historic properties nominations for inclusion on the Hawaii and National registers. (c) The commission shall administer the certified local government program of federal assistance for historic preservation within the County (d) 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 Countv projects 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. (e) The commission shall use the State Historic Preservation Plan to develop and implement a comprehensive Countv-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. (f) The commission shall make recommendations to [he Council for the expenditure of gifts 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. (g) The commission shall adopt roles and regulations of procedure and conduct pursuant to chapter 91 Hawaii Revised Statutes (h) The commission shall review and comment on archaeological reports submitted as pazt of development proposals to various County agencies (i) The commission may undertake any other action or activity necessary or appropriate towards the implementation of its powers or duties or towazds implantation of the purpose of this article More scecifically these may include but not be limited to, the following: (1) Recommend new ordinances establishing special treatment districts and azchaeoloeical districts; r2) 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 Countv State and Federal eovemments and the private sector, to implement appropriate management strategies curatorships and meaningful interore[ive nroerams at significant historical and archaeological structures, sites, and districts: and (5) Assist in proerams of historic preservation including presentations, films, exhibits, conferences publications and other educational means which increase public awareness and participation in preserving the past 3 Section Nominations to the Hawaii or national register of 6istorie places. (a) Any_person or organization including the commission may submit nominations to the Hawvi`i or National register by submitting a completed nomhration 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 ~s prior to the hearing notice of the date time place and purpose of such hearing shall be published in a newspaper of general circulation in the Coun[v Oral or written testimony concerning 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 days 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 days after receiving [he report of the commission to send this report and a recommendation to [he State historic preservation officer. The mayor's recommendation may but need not concur with the recommendation contained in the commission's report. (e) 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 [he State historic preservation officer in writing within thirty days after the nomination has been denied. Section .Guidelines. The following documents on file in the planning department shall be used as a guide in matters pertaining to the review functions of the commission: (1) "Hawai`i County General Plan" and any adopted 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 [he disciplines of archaeology azchitectur, architectural history Hawaiian culture history or historic preservation, to serve as the liaison with the State historic preservation office pertaining to matters which deal with the purpose and intent of this article Said liaison may be an employee of the planning 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 noC affect other provisions or 4 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 declued to be severable. SECTION 3. Material lobe 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 7uly I, 2008, or upon the appropriation of funds for not less than one additional position in the planning department to take care of the additional duties required by this ordinance, whichever occurs later. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of l st Reading: Date of 2nd Reading: Effective Date: 5 Pale 1 of ] Koga, Pat From: Yuen, Chris Sent: Monday, October 22, 2007 10:38 AM To: Koga, Pat Cc: Hoffmann, Pete; Goodenow, Kenneth; Edwards, Tiffany; Jarman, Casey Subject: Bill 176 Pat, please do attached letter to council chair, cc members, Re: Bill 176, Establishing Cultural Resources Commission, include the 2 attachments, color print the "redline" document. 10/22/2007