Loading...
HomeMy WebLinkAboutCOM 0737.003 2010-2012BRITTANY SMART Councilmember Hawai`i County Council District 6 Upper Puna, Ka `u, South Kona Hawaii County Council County of Hawai`i 25 Aupuni Street Hilo, Hawai `i 96720 TO: Dominic Yagong, Chair and Members of the Hawai`i County Council FROM: Brittany Smart, Council Membe, DATE: August 1, 2012 Phone: (808) 961 -8263 Fax: (808) 961 -8912 bsmart@co.hawaii.hi.us SUBJECT: Proposed Amendment to Bill No. 263, Draft 2; Relating to The Scope and Duties of the Environmental Management Commission. Bill No. 263, Draft 2, is amended by adding the following sentence at the end of Section 2 -207 (material to be added is underscored): "Section 2 -207. Environmental management commission. There shall be an environmental management commission consisting of nine members who shall be appointed by the mayor and confirmed by the council. One member shall be a resident of each council district. The terms of the members shall be as prescribed in section 13 -4 of the Hawai`i County Charter. The environmental management commission shall advise the_department on solid waste and wastewater programs, waste reduction strategies, recycling, litter control, community involvement, and other issues, including any pilot project or program, related to the functions of the department, and shall exercise any other powers related to the functions of the department that may be delegated to it by ordinance. The commission shall also provide its comments and recommendations on these matters to the council. The commission shall hear and determine appeals from decisions of the director, including orders and denials of variances. The director and commission shall each submit comments and recommendations on all legislation relating to the functions and duties of the department, including any ordinance to amend chapter 20 or chapter 21 of this Code, to the council prior to council action. Comments and recommendations shall be provided to the council within forty five days of receipt. In the event that the commission fails to act within the forty - five -day review period, such inaction shall be considered as an unfavorable recommendation." A draft copy of Bill No. 263, Draft 3, with this amendment incorporated therein is attached. BS:nh Att. Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer Comm. No, 731.3 Ref. Crresented Co "Ka 1 Ref. Dots AUG 1 2012 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 40, SECTION 2 -207 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE SCOPE AND DUTIES OF THE ENVIRONMENTAL MANAGEMENT COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 40, section 2 -207, of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2 -207. Environmental management commission. There shall be an environmental management commission consisting of nine members who shall be appointed by the mayor and confirmed by the council. One member shall be a resident of each council district. The terms of the members shall be as prescribed in section 13 -4 of the Hawai`i County Charter. The environmental management commission shall advise the department on solid waste and wastewater programs, waste reduction strategies, recycling, litter control, community involvement, and other issues, including any pilot project or program, related to the functions of the department, and shall exercise any other powers related to the functions of the department that may be delegated to it by ordinance. The commission shall also provide its comments and recommendations on these matters to the council. The commission shall hear and determine appeals from decisions of the director, including orders and denials of variances. The director and commission shall each submit comments and recommendations on all legislation relating to the functions and duties of the department, including any ordinance to amend chapter 20 or chapter 21 of this Code, to the council prior to council action. Comments and recommendations shall be provided to the council within forty five days of receipt. In the event that the commission fails to act within the forty -five -day review period, such inaction shall be considered as an unfavorable recommendation." SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material and stricken material and underscoring need not be included. SECTION 3. 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 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 4. This ordinance shall take effect upon its approval.