HomeMy WebLinkAboutORD 2013-009 2012-2014 <PJN��or N,.
COUNTY OF HAWAII - •���' %�• STATE OF HAWAII
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ILL NO. 333
ORDINANCE NO. (DRAFr 2)
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 [some or al of] 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 review and comment on archaeological reports submitted as part of
development proposals to various County agencies.
(j) The commission may 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.
[Ej-}](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.
INTRODUCED BY:
41■ ii
COUNC . ►A EMBER, COUNTY OF HAWAI`I
Kona , Hawai`i
Date of Introduction: November 21, 2013
Date of 1st Reading: November 21, 2013
Date of 2nd Reading: January 23, 2013
Effective Date: February 13, 2013
REFERENCE Comm. 42.3
3
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona , Hawai`i ; ' )
Introduced By: J Yoshimoto ROLL CALL VOTE
Date Introduced: November 21, 2012 AYES NOES ABS EX
First Reading: November 21, 2012 Blas X
Published: December 15, 2012 Ford X
Hoffmann X
REMARKS: Postponed-December 19, 2012 ; Ikeda X
Amended to Draft 2 and Held over pursuant Onishi X
to Council Rule 24 (e) - January 9, 2013 Pilago X
Smart X
Yagong X
Yoshimoto X
Second Reading: January 23, 2013 8 0 1 0
To Mayor: January 31, 2 013
Returned: February 14, 2013 ROLL CALL VOTE
Effective: F-brua • - AYES NOES ABS EX
Published: February 21, 2013 Eoff X
Ford X
REMARKS: Ragan X
Kanuha X
Kern X
Onishi X
Poindexter X
W ille X
Yoshimoto X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND
COU■ IL CHAIRPER4IN
DEPUTY C•""-ORATION COUNSEL /
COUNTY OF HAWAII
Cf,UNTY CLERK
Date
333 (Draft 2) (2010-2012)
Bill No.:
I � C-42 . 3/Waived - GRC
Reference:
- >>roved%D 'proved this day /3
(il. , 20 .
VIMPW1,11P°
MAYOR, COUNTY OF HAWAII