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Home My WebLink AboutCOM 0042.001 2012-2014 DRU MAMO KANUHA �°'�W . • PHONE: (808)323-4267 vd,k FAX: (808)323-4786 •: Council Member •f;��j ��•�� EMAIL:dkanuha @co.hawaii.hi.us District7, Central Kona -tsar • HAWAII COUNTY COUNCIL West Hawai`I Civic Center 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii 96740 TO: J Yoshimoto, Chair and Members of the Hawai`i County Council FROM: Mamo Kanuha, Council Member Date: December 28, 2012 Subject: Proposed Amendments to Bill No. 333; Relating to the Hawai`i County Cultural Resources Commission Please find attached proposed amendments to Bill No. 333. The proposed amendments are illustrated below by Ramseyer format with respect to the contents of Bill No. 333 (material to be deleted is bracketed and stricken; material to be added is underscored). A draft copy of Bill No. 333, Draft 2, is attached with these amendments incorporated therein. Bill No. 333 is amended by amending subsection (b) of Section 2-226 to read as follows: "(b) The commission shall consist of nine appointed members. The members shall be appointed by the mayor with the approval of the Council, with representation from the following professionals and persons with special interest in: architecture, history, archaeology, planning, architectural history, Hawaiian culture, traditional Native Hawaiian burial practices as practiced prior to foreign contact, and ethnic history and culture of Hawai`i County. The mayor shall solicit lists of two or more persons, recommended by community and professionals, such as 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. The commission shall [include] be comprised of members from different areas of the County[;] who possess a knowledge and interest in local area history[..-], and shall include at least one representative selected on the basis of that person's understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians." DMK:jc att. Comm. No. 9 a. 1 Ref.To: -4 4� I/awai`i County is an Equal Opportunity Provider and Employer. Ref. Date_ AN 4)2 20 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 44, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE HAWAII COUNTY CULTURAL RESOURCES COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 44, section 2-226, Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-226. 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, with representation from [same-or-all-4] the following professionals and persons with special interest in: architecture, history, archaeology, planning, architectural history, Hawaiian culture, traditional Native Hawaiian burial practices as practiced prior to foreign contact, and ethnic history and culture of Hawai`i 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. The commission shall [include] be comprised of members from different areas of the County[;] who possess a knowledge and interest in local area history[..-], and shall include at least one representative selected on the basis of that person's understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians. (c) Commission members shall serve staggered five-year terms. Upon the initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. Members initially appointed for a term of one or two years shall be eligible to succeed themselves for an additional full term. (d) A member may be removed upon recommendation by the mayor and the approval of the council. (e) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (f) Any vacancy occurring in the commission shall be filled for the unexpired term. (g) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance. (h) The affirmative vote of a majority of those present shall be sufficient to make any action valid." SECTION 2. Chapter 2, article 44, section 2-229 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-229. 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 Hawai`i and National registers. (c) The commission shall maintain a system for the survey, inventory 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) 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 projects affecting any building or structure, site or district eligible for listing on the National or Hawai`i 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 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. (h) The commission shall adopt rules and regulations of procedure and conduct, pursuant to chapter 91, Hawai`i Revised Statutes. (i) The commission [may] shall review and comment on archaeological reports submitted as part of development proposals to various County agencies. (j) The commission shall make recommendations to the State historic preservation officer and the Hawai`i island burial council on the appropriate management, treatment, and protection of Native Hawaiian burial sites, which are customary with traditional Native Hawaiian burial practices. [(})](k) 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; 2 (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." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. 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 5. This ordinance shall take effect upon approval. 3