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Home My WebLink AboutREP PC 048 09/18/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: September 18, 2007 Re: Comm. No. 666Bi11 No. 176 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIlVIE: 1:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 176, reports as follows: Bill No. 176, transmitted via Communication No. 666 from Emily Naeole, Council Member, dated September 6, 2007, transmitting an Ordinance establishing a Hawaii County Cultural Resources Commission. Communication No. 666 reports that a Cultural Resources Commission would provide protection and preservation of historic properties and artifacts in the County. Bill No. 176 would amend Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as amended), by adding a new article designated as "Hawai`i County Cultural Resources Commission." The ordinance would take effect July 1, 2008. At the September 18, 2007 Committee on Planning meeting, the following people presented oral testimony at the Sheraton Keauhou Resort and Spa: Tomoe Nimori (in support) and Marnie Herkes (opposed). At the Hilo Council Room the following people presented oral testimony: Keola Downing, coordinator ofNa Pua Ho`omalu (in support with reservations); Judith Kerkendahl (in support); Dollie Stratzer (in support); Laura Schuster (in support, and read by Dollie Stratzer); and Lewis Duty (in support). Committee Chair Pilago noted the following written testimonies received in support of Bill 176: Marge Elwell, President, Na`alehu Main Street; Kirsten Faulkner, Executive Director of Historic Hawaii Foundation; Kim Tavares; and Shipman House Bed & Breakfast Inn. Maui Senator Kalani English presented a brief presentation in support of Bill 176 and also noted that the three planning commissions on Maui works very well, is constitutional and that he believes this council is heading down the right path. Senator English urged the council to move forward with this measure and make the cultural resources commission a reality for Hawaii County especially in light of the fact that the State Historic Preservation office is currently dysfunctional, not operating as it should and in fact has been in a crisis since many of the archaeologists have quit. PC Report No. 48 Communication 666 Bill 176 Page 2 of 3 Council Member Ikeda's concern was that of duplication of because he felt that indirectly Senator English was saying the commission would be taking over a state function. Senator English stated that a locally established cultural resource commission is very important and that the State will continue to function (hoping that the current deficiencies would be corrected soon) but in the meantime if the cultural resource commission is estab]ished here and when the State system is reestablished, it will work in conjunction with the commission. Council Chair Hoffmann made note of the fact that all of the Powers and Duties subsection provides language that the commission shall do certain things but that in subsection "i" it states "may" and noted his support if Council Member Naeole would amend it to read "shall" before the next meeting. Council Member Ford noted her support stating that there have there have been temble problems with destruction of archaeological sites, not to mention burials being experienced in West Hawaii. Planning Director Yuen stated the proposal has an impact upon the Planning Department and could not support a bill that would significantly increase the responsibility of the department without having the resources to do what's going to be expected as a result of this bill. Mr. Yuen noted that the difficulty is not so much setting up the cultural preservation commission itself, but the required staffing to handle meetings, agendas and materials distribution. Council Member Jacobson stated it was clear these responsibilities have to be executed by someone whether it be the State or the County and even if it fails as the executive branch the responsibility remains at the County level. PC Report No. 4S Communication 666 , Bill 176 Page 3 of 3 Your Committee on Planning is in accord with the purpose and intent of Bill No. 176 and recommends it pass first reading. and nrES NOES A&E Ex Respectfully submitted, FORD X HIGA X COMIvIITTEE ON PLANNING HOFFMANN X ~ ' JACOBSON X NAEOLE X K. ANGEL PILA ,CHAIR PII,AGO X YAGONG X PC REPORT NO. 48 YOSTIIMOTO X ADOPTED: