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HomeMy WebLinkAboutKHPRC010716MINUTESKAUA`I COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihu`e Civic Center, Mo`ikeha Building, Meeting Room 2A/2B MINUTES A regular meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on January 7, 2016 in the Lihu`e Civic Center, Mo`ikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Chairperson Pat Griffin, Anne Schneider, David Helder, Althea Arinaga, Charlotte Hoomanawanui, and Deatri Nakea. The following Commissioners were absent: Stephen Long, Victoria Wichman, and Larry Chaffin Jr. The following staff members were present: Planning Department — Kaaina Hull, Shanlee Jimenez, Myles Hironaka, Leslie Takasaki; Deputy County Attorney Jodi Higuchi-Sayegusa; Office of Boards and Commissions — Administrator Jay Furfaro (left at 4:1 s p.m.), Commission Support Clerk Darcie Agaran, CALL TO ORDER The meeting was called to order at 3:02 p.m. APPROVAL OF THE AGENDA Ms. Griffin: With the Approval of the Agenda, if it is acceptable with the Commission, we will move the swearing in until our County Clerk comes. Is there no objection? Then may I have a motion to approve the agenda? Mr. Helder: So moved. Ms. Griffin: Thank you. Ms. Arinaga: Second. Ms. Griffin: All in favor? (Unanimous voice vote) Opposed? None. Motion carries 5:0. APPROVAL OF THE DECEMBER 3, 2015 MEETING MINUTES Ms. Griffin: The Approval of the December 3, 2015 Meeting Minutes. Ms. Schneider: I make a motion that we approve the minutes as stated. January 7, 2016 KHPRC Meeting Minutes Page 2 Ms, Arinaga: I second. Ms. Griffin: Thank you. I appreciate the motion. I do have a couple of...and they are in spellings of names. On Page 3, the second speaker down should say "Ms. Griffin" rather than "Chair Anderson". And on Page 21, I will bring to you the...but it's Ross Cordy, C-0-R-D-Y, rather than K-O-E-R-T-E, and that's just a small... And also on Page 27, Canen Hookano is actually C-A-N- E-N rather than it is printed. So would you withdraw your motion and redo it with...? Ms. Schneider: I withdraw the motion. Ms. Griffin: You can move to make it with corrections. Ms. Schneider: I make a motion that we accept the corrections and minutes as stated. Mr. Helder: Second. Ms. Griffin: Thank you. A11 in favor? (Unanimous voice vote) Opposed? (None) Motion carries 5:0. The minutes stand as corrected. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS Ms. Griffin: Moving onto Announcements. I spoke this morning with Anna Broverman from the State Historic Preservation Division, and they are actually going to come over here and do the survey of the historic districts that they have been talking about with the funding from the legislature last year. They are going to be doing Hanapepe; the Uhu`e Town Track, Akahi and Elua; Waipouli, the Baby Beach, the old Pineapple Manager's area makai of the highway; and Hanalei. She called to ask what community groups or other groups in each of these areas would be good for her to contact. So I would like to open it to your opinion. Ms. Schneider: Well, the Hanalei group is the (inaudible). Ms. Armaga: Can you clarify what they will be doing when they get here, please? Ms. Griffin: They will be surveying these different areas, and I don't know, for instance, how much of Hanapepe, or what the parameters of each of the sites are, trying to identify whether the body of the structures still has historical integrity. They were given $100,000 for each of two (2) years to do this survey. I am going to call a recess on this ... Item F, and go back to the swearing in of the new and reappointed members. SWEARING IN OF NEW AND REAPPOINTED COMMISSION MEMBERS January 7, 2016 KHPRC Meeting Minutes Page 3 County Clerk Jade Tanigawa gave the Oath of Office to new Commission Member Deatri Nakea. County Clerk Jade Tanigawa gave the Will of Office to reappointed Commission Members Anne Schneider and Althea Arinaga. Ms. Griffin: And for our new member, perhaps each of us can say our name and introduce ourselves. Ms. Hoomanawanui: Yeah, I did. I'm Honey Girl. Mr. Helder: David Helder. Ms. Griffin: And... Deputy County Attomey Jodi Hietxchi-Saye¢rrsa: Hi, I'm Jodi Higuchi-Sayegusa, Deputy County Attorney, here just to assist with the procedural... and anything else that comes up during the meeting. Ms. Griffin: Pat Griffin. Ms. Schneider: Anne Schneider. Ms. Arinaga: Althea, but Kalei sounds nicer, Arinaga. (Laughter in background) Ms. Grifftn: Thank you, and... Deputy Planning Director Kaaina Hull: Kaaina Hull, Deputy for the Planning Department. Ms. Griffin: Great. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS (Continued) Ms. Griffin: Moving back to the Announcements. We were talking about the surveying that SHPD has been given funds from the Legislature to do. The Legislature passed a law last year saying that any individual homes did not have to go ... when they were making changes on their property, they did not have to go before the State Historic Preservation Division for approval and talk about impact and whatever, unless they are on the State or National Register. So these funds, they are coming to each of our Counties to identify four (4) or five (5) neighborhoods that may be eligible to become historic districts, and that is what they are going to do with these four (4) different places on Kauai. They would like, from us, community groups, people that they can talk to at the end of this month about the process and the National Register and so forth. So Hanapepe, do we have a group in Hanapepe that...? West Kauai Business Association? Or...? Llhu`e? Mr. Helder: I'm sorry. Say it again. January 7, 2016 KHPRC Meeting Minutes Page 4 Ms. Griffin: They'd like to let people know what's going on in each of the communities. Mr. Helder: Oh yeah, no, no. I got all of that part. The last word you said I didn't understand. Ms. Griffin: Our County seat, Lihu`e, the Akahi and Elua Streets are where they are looking at. Mr. Helder: Okay, okay. Is this to ... because Hanalei is already a historic village, is this to take it beyond that? Ms. Griffin: Yes. It's actually to assess the possibility of putting it as a historic district on the State or National Register. Mr. Helder: Okay. Ms. Griffin: And now it has special treatment overlays, but it's not actually formally on the register. Ms. Schneider: There is a group in Hanalei that's called... (Inaudible), I think, is the head. I can get the numbers. Ms. Griffin: Okay. Ms. Arinaga: So you are looking for contacts within the communities? Ms. Schneider: Within the community that are involved in community outreach. Ms. Griffin: How about the Hanalei Roads Committee? Mr. Helder: Hanalei Roads is one to talk to with Barbara. Ms. Griffin: Okay. The Waipouli, Kapa`a... it's really the Kapa`a area. Mr. Helder: That would be... Ms. A inaga: The Kapa`a Business people. Mr. Helder: The Waipa Foundation up there is in that same area. Ms. Griffin: In Hanalei? Mr. Helder: Yes. Ms. Arinaga: Kapa`a? Mr. Helder: No, sorry. January 7, 2016 KHPRC Meeting Minutes Page 5 Ms. Arinaga: Okay. Ms, Griffin: That's alright. Kapa`a has a neighborhood association? S. Arinaga: Yes. Ms. Schneider: And a business association as well. Ms. Griffin: Okay. Any other groups that you think that would be helpful or should know that could enlarge the conversation? Mr. Helder: Are you going to do Anahola? Ms. Griffin: What she told me they are looking at right now is Hanapepe, the Lihu`e Town Track, the Baby Beach area of Kapa`a, and Hanalei. Mr. Helder: Okay. Ms. Griffin: If something comes to mind, I don't think it would be outside of our rules to email me, and I'll send it to her. Any other General Business Matters? Mr. Hull: Yes, I have one (1), Chair. It might have been listed as a communication, but we were a little late in setting up for the agenda, so it should be done during Announcements. Hawaii State Department of Transportation has transmitted a memorandum requesting the presence of this body at their forum to discuss the rehabilitation of historic bridges and the way in which DOT processes historic bridges in their reconstruction or repair. That was part of a memorandum of understanding that DOT executed with State Historic Preservation Division that they include this body in that forum. So how this body participates in it, ..ultimately, it can be, in our estimation, relatively loose in that if Commission members want to attend individually, or if they want to attend as a body, or another route would be to appoint a specific spokesperson for this body at that forum. Ms. Griffin: And from the letter it looks like February Mr. Hull: Sorry. Yes, so it's for February 251h. Ms. Schneider: And where is it? Ms. Arinaga: Highways Kauai District Office. Mr. Hull: Yeah, so that's over in Puhi. Ms. Schneider: I would suggest that Pat go since she's the bridge person. (Laughter in background) Mr. Helder: Yes, I vote for Pat, also, to represent all of us. (Laughter in background) January 7, 2016 KHPRC Meeting Minutes Page 6 Ms. Griffin: That's really sweet of you all, but I actually believe that the more of us who are able to go, the more impact we will have with the DOT, which is really ... has made great strides in the last couple of years. Ms. Schneider: And when is it? Ms. Griffin: It's February 25 b. Ms. Arinaga: Do we know the time? Ms. Griffin: Not yet. Mr. Hull: It hasn't set the time. They'll get back to us on that. Ms. Griffin: So I would suggest that we make a motion to add this to next month's agenda when we know everything, but yeah, and consider looking as a group or a partial group. Ms. Arinaga: I agree. Ms. Griffin: Would we need to sunshine...? Mr. Helder: You're suggesting the next ... oh. Yeah, you're suggesting. ..the next meeting is on the 25a'. Ms. Griffin: Well, that's if we change our Mr. Helder: Okay. Mr. Hull: Well, we'll get ... yeah, Ms Higuchi-Sayegusa: I mean, it's just an invitation and kind of a...you're spreading the information of another event that's going to take place. It's not, essentially, exactly the business of this body, but if you, personally, are interested in attending, I don't see a problem with that. Mr. Hull: Well, there's a couple of things to take into consideration when participating in this forum. If you individuals go as Commission members individually, your input will essentially be as an individual and as a Commission member; however, it will not be the voice of this Commission because you are speaking individually. The only way that the ... in the forum that the voice of this Commission can be established is two (2) routes. After the forum is done and say there are topics of discussion, this body comes back and discusses it and votes on a resolution, or a statement of sorts, to give to what happened at the forum. Or you can authorize a single individual to speak on behalf of this Commission at that forum specifically. There's essentially three (3) different routes that you guys can go. Each three (3) have different effects, or I would say, authority ... or have different levels of authority when speaking before the forum, and it just depends on what level of authority or participation you want going in there. Ianuary 7, 2016 KHPRC Meeting Minutes Page 7 Ms. Hi uchi-Save sa: Right. Mr. Hull: There's different things to weigh, essentially. Ms. Higuchi-Save usa: And if it's the latter, then I would say we should probably have this as an agenda item, so we can decide on what form of support or representation you want at this... But at this point, you know, it's an announcement, and we are now aware that there is such an event, and if you folks are personally interested in participating, then I don't see a problem with that. Ms. Griffin: Is there a problem with five (5) of us going personally? Ms. Higuchi-Savegusa: I mean, in your individual capacity and not making any representations on behalf of the Commission, I don't think that runs afoul of anything. Ms. Schneider: We go and absorb what they have to say and come back to the Commission and explain it. Ms. Higuchi-SaveeusaYeah, I mean again, if, as a body, you want to contribute in a certain official way, then I would say put it on the agenda and you can then discuss it publicly. But if it just so happens that most of you end up going on a personal basis, then, I mean, that's on a personal basis. Ms. Griffin: What's your pleasure? Mr. Helder: You're the one on bridges. (Laughter in background) No, really. The question is what kind of impact do we need to have out there on what's going on with the bridges because it looks to me like we haven't been considered very often. Do we need to send a representative there to say that? Or do we want to go, kind of, helter skelter and then come back here and send a letter? Which would have more impact on what we want? And what do we want? That's a question and you'll have to answer it here today because this meeting is going to be fairly ... if you change the agenda, it won't come up again before this happens. Ms. Griffin: Right. Unless if we change the monthly meeting date, potentially we could meet at the fourth Thursday of this month, which is the 28a , and then move to the 25th of February, etc. Other ideas? Ms. Arina>za: I'm not sure because I'm looking at the possible changes in dates, and these dates all fall on the same day? Ms. Griffin: It would change ... this is a different agenda item, but it relates to this February 251h but last month, there was the discussion of SHPD folks have trouble...both the Maui Cultural Resources Commission and the Historic Preservation Review Commission meet the first Thursdays afternoon at the same time. So we discussed moving one or the other meetings so that there would be more availability, and that's actually at the end of the agenda on if we want to do that or not. I guess another option is to ... because what they are wanting to do is develop a Ianuary 7, 2016 KHPRC Meeting Minutes Page 8 consultation protocol on how to mitigate the adverse effect of the Lihot e Mill Bridge. I suppose it's possible to put it after the February 25th agenda and come back if there has been, you know, if any of us have gone as individuals, to be able to discuss what recommendations we have as a body. So that's a possibility. Perhaps I can have a motion, and we can discuss it further. Mr. Helder: I move that we move this discussion until after we have a discussion about the change of dates. Mr. Hull: I think you would just request a table, I believe. Jodi? Ms Higuchi-Sa egusa: To table the discussion... perhaps you can bring it up during the next meeting topics. Yeah, so it would be a motion to table the discussion, and then possibly you can bring it up at a later ... let's see, selection of commission dates. Ms. Griffin: Okay. So this part of the Announcements and General Business Matters we will defer until after the selection of meeting dates. PUBLIC COMMENT Ms. Griffin; And while I am still so close to Item E, is there anyone who has public comment on any of these items before we go further? Thank you. UNFINISHED BUSINESS Re: Report from investigative committee (Permitted Interaction Group) to discuss and explore draft update of the Kauai Historic Resource Inventory. Once formed and the task completed, the investigative committee will present its findings to the Commission in a duly noticed meeting for decision -making. Ms. Griffin: So, Unfinished Business. The first item is the report from the investigative committee, the Permitted Interaction Group that we call a PIG, to discuss and explore draft update of the Kauai Historic Resource Inventory. Mr. Hull. Mr. Hull: For those of you who haven't been at the past few KHPRC meetings, just to give some background, the inventory that the Department executed with a consultant a year or a year and a half ago, the inventory update of the historic resources for Kauai, ultimately, the Department, in consultation with SHPD, has determined that the list is too robust. There are too many properties and it does not take into full account the historic significance of those that should be appropriately labeled within the survey. So the Department, with SHPD, has worked to get additional criteria that this working group, the PIG, the Permitted Interactive Group, can utilize to pare down this list to a much more appropriate historic resource inventory. We just received the additional criteria from SHPD a few weeks ago. I know the Chair has it, but I don't believe the other members of the PIG have that criteria yet, so we will be submitting that to those members at the conclusion of January 7, 2016 KHPRC Meeting Minutes Page 9 this meeting, and essentially setting up a time in which the members of the PIG can come into the County at a meeting room and just work through the list because it is a fairly large and comprehensive survey in which you are going to want to sit together as a group and go through the slides and go through the various criteria and checklist that the consultant did in his evaluation and determine, through this additional criteria, whether or not a respective property should remain on the list. At the conclusion of this meeting, we will be ... I believe there are only two (2) members of the PIG here today, but we will be meeting, Anne and Pat, with you folks after to set up a possible time, at hat Schneider: Will we get a copy of that disc with all of the properties on it7 Or we just got hat... Mr. Hull: I think we can distribute the digital copy if you want it. Like I said, it is fairly large. Ms. Schneider: It might be better to look through... Mr. Hull: To begin. If you want to begin looking at it, yeah, we can work that. Ms. Schneider: Yeah, rather than waiting to come... Mr. Hull: And then we can set up the time in which you folks can all meet at one time and come in, and see if we can secure a location. Ms. Griffin: Great. That would be helpful. And for anybody who is not aware of the County requirements, because of the Sunshine Law, we cannot have meetings that haven't been posted and advertised according to rules, unless we set up a smaller group that can go through information. The smaller group has to be less than a quorum of our body, so it can be up to four (4) people in this Commission who can discuss a particular issue or question, bring it back to the body for voting, but that keeps us in a way to get this things done officially without having to keep bringing all nine (9) of us together. So when we talk about a PIG, a Permitted Interaction Group, that's why we are doing it; to comply with the legal requirements of our County. And yes, I think that a disc or something to just...even though I'm sure that we won't go through every one, but just get a sense of what's (inaudible) would be helpful. Any other questions? Discussion about the PIG? Ms. Schneider: Yes, I do have a question. Could we get a copy of the plat maps to go with this, so that we could plot the map on the plat maps? Mr. Hull: You can. Ms. Schneider: You know, like realty atlas, or... Mr. Hull: No, we can get you the plat maps, definitely. The issue at hand is what size would you want those? January 7, 2016 KHPRC Meeting Minutes Page 10 Ms. Schneider: Like the realty atlas size rather than the big... Mr. Hull: Okay. Ms. Schneider: I have them on ... the old inventory, all on an old realty atlas from ... I don't think the historic properties have probably changed. Mr. Hull: You want that in physical paper format? Or digital? Ms. Schneider: Yes, paper form would be great. Mr. Hull: We can. And just so you are aware, the inventory... well yeah, we can provide those. Ms. Schneider: Yeah, because it might be easier to see the districts once they are plotted out. Ms. Griffin: Other discussion? Re: Discussion on the status of the Certified Local Government. Ms. Griffin: Number 2, the discussion on the status of the Certified Local Government. Again, last month when representatives from the State Historic Preservation Division were here, we talked about the possibility of receiving funding and talked a little bit about the ideas that we had. They are both short-term, the 2015 funds and 2016 fiords, and I think you have a report for us. Mr. Hull: Yes. Just real briefly, as some of you have become aware, the way that the CLG funds work is they're done at a dual -year process. The first year that it opens, the first set of funds often... in the way in which the Department of Interior has set up their budgeting processes means we have a very limited window to utilize those funds for a project, and more often than not, results in the fact we cannot look at brick and mortar projects. So for the funds that are available for immediate use, quite frankly, the Department is hesitant to go after brick and mortar projects and recommend them to this body. We're recommending ... and we have been in discussions with SHPD that the possibility of having training for you folks, which those funds can be expended. SHPD has essentially stated that type of training and the use of CLG funds needs to be initiated by this body, so we are here to ask you guys, what type of training do you want us to potentially go after? There's training for specifically 106 review, there's training for overall National Historic Preservation Act, there's also training for the specific State of Hawaii Preservation Program. What kind of...? Ms. Schneider: I think what the Historic Hawaii Foundation did, I guess it was last year, with the Commissioners was very informational; how to put a building on the register, you know. Mr. Hull: Okay. As. Schneider: I think it was Historic Hawaii and the State who did it Ianuary 7, 2016 KAPRC Meeting Minutes Page 11 Mr. Helder: We are almost at the point with so many new people that we need some training on just historic preservation and the responsibilities of the members of this Board, also. I almost think that should come first, and then 106, and the National Preservation Act after that. Mr. Hull: We are going to go into... and Commissioner, we recognize that, too. We've been in discussions with Chair about that issue, so at the end of this, what's agendized is to go over a brief discussion in a brief educational format and somewhat of a reminder for some of those who have been reappointed of the duties and powers of this body, as well as the enabling legislation, Federal, State, and County, and the corresponding duties and responsibilities, as well as the various programs that you folks are responsible for administering. So we'll be doing that towards the end of the agenda. Ms. Schneider: And was there a possibility of adding a new Historic Planner and using some of that CLG money for that? Ms. Griffin: We'll talk about that with the resolution, right? Mr. Hull: Yeah. I think what Commissioner Schneider was getting at was the CLG funds, as far as the CLG funds ... and we'll get into the resolution after, but the CLG funds ... we've been in discussion with SHPD and they are looking into it. They haven't gotten back to us on that one. Ms. Griffin: Okay. Anything else on the funding? Do you want a formal motion on the training? Or can we finish this discussion when we are near the end of the...? Mr. Hull: It's at your discretion. Ms. Griffin: Let's finish the discussion near the end of the agenda, and move to I, New Business. NEW BUSINESS Re: Letter of Support for Kauai Nui Kuapapa Program. Ms. Griffin: The letter of support for Kauai Nui Kuapapa. And we have somebody who can talk about it. Kanoe Ahuna: Hi. Aloha, Commissioners. Thank you for having us [sic]. I'm Kanoe Ahuna and I'm a representative...Project Manager, actually, for the Kauai Nui Kuapapa Project I believe my colleagues came about two (2) weeks ago or prior to the holidays, Randy Wichman and Canen Hookano, and did a presentation for you guys. Unfortunately, Keao and myself and Dave weren't able to be here; however, I wanted to respond and answer any questions that you guys may have regarding the project as we'd love to have your support and I know that we've requested a letter of support in regards to our project. We're having some challenges with Department of Transportation; however, nothing that we can't get through. It's just taking a while regarding the roadway signage. It has to do with kind of our uniqueness of the signs; however, we're following January 7, 2016 KHPRC Meeting Minutes Page 12 DOT MUTCD, their huge like 700-page guidelines, but still having a little bit of some challenges. We're hoping to get through that soon and your letter of support would be greatly appreciated for Council, as well as State and Federal. Ms. Griffin: Thank you. Because of the excellence of our Kauai Planning Department Staff, I have a draft of a memo that they have done. What it says is "This is to inform you..." This is to Randy Wichman and the Kauai Nui Kuapapa Program. This is to inform you that the Kauai Historic Preservation Review Commission, the KHPRC, at this meeting held on January 71h received your request of support for the Kauai Nui Kuapapa Program under the County of Kauai, Office of Economic Development. Based on the presentation submitted at the KHPRC meeting on December 3, 2015 and additional information provided at this meeting, KHPRC supports the program and its efforts in moving forward with the ahupua`a and moku signage program with all of the appropriate government agencies at the State of Hawaii and County of Kauai. Is there a response? And I believe you have seen this. Ms. Ahuna: Yes. I've briefly seen it. I guess Kaaina is going to get me a copy now. Ms. Griffin: Okay. Ms. Ahuna: We really, really appreciate all of your support, and hoping to be able to move the project forward, and soon you'll be able to see the ahupua`a signage all over Kauai in addition to the moku signs that are already up, followed by some curriculum for schools and so forth. We are very excited. Ms. Griffin: And Commissioners, is this memorandum agreeable to you as written? Or would you suggest changes? May I have a motion? Ms. Schneider: I make a motion to accept as stated Ms. Arinaga: I second. Ms. Griffin: Thank you. It's been moved by Ms. Schneider and seconded by Ms. Arinaga to accept and distribute this memorandum as written. Further discussion? Mr. Hull: A question I might have for Ms. Ahuna would be... Ms. Griffin: Yes, Mr. Hull. Mr. Hull: The first draft we came out with was just really something to work with; we're not holding hard and fast to that recommendation to this body. One question I have is that the letter is addressed to Randy himself because he requested it, and would you prefer that it actually be an open addressment to ... like "To Whom It May Concern"? Or "To Department of Transportation"? Ms. Ahuna: I like that it says all State agencies. That's kind of nice because we do deal with other State agencies; however, maybe you can just address it to Kauai Nui Kuapapa Project. The Project January 7, 2016 KHPRC Meeting Minutes Page 13 is run under our consulting group, Na Hoku Welo, so I don't know what would be the legal terms for doing that versus just Randy Wichman, you know. Mr. Hull: Right. Okay. Ms. Ahuna: It's kind of a little awkward for... Ms. Griffin: Perhaps... Ms. Ahuna: But Randy is a part of that consulting group. Ms. Griffin: Perhaps we can also cc the Department of Transportation. Ms. Ahuna: That would be great. Ms. Griffin: And ... that doesn't need an amendment, does it? Ms. Higuchi-Save usa: No, I mean, it's just ... you're figuring out the mechanics of the letter. Ms. Griffin: Okay. So unless there is objection, we will add that cc to the appropriate personnel at the DOT. So other discussion? Ms. Ahuna: Chair, I can give Kaaina our information, and then however you guys want to reword the language to make it fit more appropriately. Ms. Griffin: Thank you. All in favor? (Unanimous voice vote) Opposed? Hearing none the motion carries 6:0. Myles Hironaka distributed copies of the memorandum to the Commissioners. Ms. Higuchi-Sayegusa• So that was the corrections? Mr. Hull: No, that's not the corrections. That was the original letter as drafted. Ms. Hi chi -Sae usa: Oh, okay. Ms. Griffin: Thank you, Ms. Ahuna. Ms. Ahuna: Thank you very much. Re: Resolution on Preservation/Historic Planner for FY 2017 Budget. Ms. Griffin: The next item on New Business is the Resolution on a Preservation/Historic Planner for Fiscal Year 2017 Budget. I think you've all received a draft resolution, and I'll take just a minute to let you review that. January 77 2016 KHPRC Meeting Minutes Page 14 I think those of you who have recently read our ordinance will recognize much of the language in this resolution, and those of you who have been on the Commission for a while know that we have been advocating for a paid Preservation Planner in the Planning Department, as Maui has, and that will make life easier for both our residents and the Planning Department Staff. Having said that, are there comments about the resolution as a way to let the Mayor know how important we think it is? Are there changes that you see? May I have a motion? Ms. Schneider: I make a motion that we accept this resolution as stated. Ms. Arinaga: Second. Ms. Griffin: It's been moved by Ms. Schneider and seconded by Ms. Arinaga that we accept this resolution as stated. Is there further discussion? Hearing none. All in favor? (Unanimous voice vote) Opposed? (None) The motion carries 6:0. This is great and may we have success in 2016. 1 confess I did not mention why I rushed through H.2., but it was because Kanoe Ahuna had to go pick up her children. So with your indulgence, I'd like to go back and finish Item H.2., the discussion of the CLG education training that we were talking about for the soon -to -be expired funds, and then talk a little bit about the 2016 funds. Thank you. UNFINISHED BUSINESS (Continued) Re: Discussion on the status of the Certified Local Government. Ms. Griffin: Anne, you were saying about education, and David, too. Ms. Schneider: Well, the one that we went to was very good from Historic Hawaii. There was discussion about the vernacular architecture and some educational materials, and how to go about putting a building on the register. For all the Commissioners, it would be great to have that again. Ms. Griffin: And David, you were... Mr. Helder: Yeah, I think a lot of it had to ... when we first started ... had to do with finding out what the responsibilities that being on a commission like this were. And when you looked at a project that came in, you had a set of rules and guidelines that aided you in making a decision about whether something was replaced or readapted or ... you knew all of the definitions and what you were responsible to look at. I would like to see that training; that's a real good core for doing this job. Before you start thinking about putting stuff on the register or not, you need to know what your relationship is to a particular new structure or culture or whatever. So I'd like to see the core education be brought out again. I just think that that's really an underpinning for this Commission. Ms. Griffin: Ms. Nakea, without totally putting you on the spot as our newest newbie, is there something you feel would really help get you up to speed? January 7, 2016 KHPRC Meeting Minutes Page 15 Ms. Nakea: I believe what David just mentioned would be really, really useful for me, but I'm concerned that it would be redundant for everyone else; I'm not sure. And even what Commissioner Schneider was talking about sounds very, very useful, also, and I would appreciate it. Ms. Griffin: Honey Girl, do you have comments? Ms. Hoomanawanui: No, not really. Ms. Griffin: Okay. Ms. Hoomanawanui: Not on that. Ms. Griffin: Kalei? Ms. Arinaea: I think it would be a great idea Mr. Helder: Does Historic Hawaii have a double package that does historic preservation responsibilities, as well as opportunities to install buildings on the list? Ms. Schneider: Yeah, they were terrific. The one that we ... you went as well, and it was here in Lr"hu`e, and we got to work in groups. Ms. Griffin: When David and I first joined the KHPRC in 2001, the Planning Department was members of a group called the National Alliance of Preservation Commissions, NAPC, and I don't think I'm overstepping my bounds to say that he and I were very vocal that if we were going to do the job that we had just sworn to do, we needed specific training. The Department brought in a man from the NAPC called Jack Williams, and he was very ... first of all, how to deal with the questions in the meetings, and then the Secretary of Interior's standards, and how to judge it. And we saw much the same last year, Kaaina, Ian Jung, Danita Aiu, a few... Victoria Wichman went to Kona last year, and he, again, was there with two (2) others; it was a 2-day thing. So I think there are people around who can help make that training. Depending on how long everybody has, what kind of monies there are, it could be one (1) day or two (2) days and have both components, but I appreciate your, Deatri, making a statement about what would help you get up to speed as quickly as possible. Mr. Helder: So was that a possibility we could explore of having something done here? Or if there is something being given elsewhere, take the people who really need it and get them there. Ms. Griffin: Let's make a motion on what the ideal training is, and then the mechanics can get figured out by what the money is, and what we can do. Mr. Helder: Okay. I move that we advocate fora 2-part training for individuals joining this Board that includes responsibilities for members of Historic Preservation Review Commissions, as well January 7, 2016 KHPRC Meeting Minutes Page 16 as activities that those Commissioners can involve themselves in, and putting historic buildings and neighborhoods on the register, as a 2-part thing. Ms. Griffin: Is there a second? Ms. Schneider: I second the motion. Ms. Griffin: Thank you. It's been moved by Mr. Helder and seconded by Ms. Schneider, and ... I'm going to need help with that motion ... that we have a 2-part program for those who need it discussing what preservation is and how to approach it, and the second partbeing actually putting structures on the National Register, Mr. Helder: Yes. Ms. Griffin: Further discussion? Hearing none. All in favor? (Unanimous voice vote) Opposed? (None) The motion carries 6:0. And I am assuming that will give you enough to work with and massage, and I'm also assuming that when David Helder said in the motion that all who needed it, he meant all nine (9) of us. Mr. Hull: I think everybody in the room. (Laughter in background) Mr. Helder: It's true. (Laughter in background) Because you forget. You do. You learn it, and then you forget and you start to relax. Ms. Griffin: That's right. Don't hesitate to open it up to the Department of Public Works and other County personnel. And Julian Helder. We can open it up to him; although David Helder's son just graduated with his Master's Degree in Planning with a component in Historic Preservation. Live long and propser. Okay, and thank you, again, for letting me move around just a little on this. The 2016 funding. Do you want to talk about that today? Mr. Hull: The 2016 funding... we're still working because there was a proposal that was given to this body by somebody from the Department of Parks in a potential project, so we want to get a little bit more details from them. It preliminary sounded like a good project, and we right now have as much information as they gave at the stand during that Commission meeting, so we'll get some more information from them. If it looks like there may be partnership that can be done with the Department of Parks, we'll be moving forward in recommending that. If not, then looking at other projects, but we do realize that the timeline is very tight for the 2016 projects as well. So we hope to be coming back to you at the next meeting with a proposal. Ms. Griffin: Thank you so much COMMISSION EDUCATION January 7, 2016 KHPRC Meeting Minutes Page 17 Re: Review of Article 14 of Chapter 8 of the Kauai County Code 1987, as amended, (Comprehensive Zoning Ordinance) regarding the Kauai Historic Preservation Review Commission and its Interaction in the Historic Preservation Review Process Pursuant to Hawaii Revised Statutes Chapter 6E. Ms. Griffin: Commission Education. The review of our ordinance. Mr. Hull: We are going to set up the projector to do that right now. Ms. Griffin: Thank you. So we'll take a brief recess. The Commission recessed at 3:54 p.m. The Commission reconvened at 3:59 p.m. Ms. Griffin I'll call the meefing back to order Mr. Hull: Thanks, Chair. We'll try not to keep you folks too much longer, but somewhat to what Commissioner Helder was discussing, the need to kind of...for some of the newer Commissioners...90 over some of the basic fundamentals of the duties, responsibilities, and background of this body, and then for some of the senior Commissioners to kind of primer on returning to the basic fundamentals. So the role of the Kauai Historic Preservation Review Commission. We'll be going over the purpose, the framework of local preservation, and ultimately the historic preservation review process. And then after going through those, which was kind of the background for preservation as a whole in the Country and then here in Hawaii, then we'll actually get into the bit more of the nitty-gritty of the actual ordinance that you folks are tasked with handling, and the roles of Commissioners individually. So the purpose. Starting off first with the ordinance, under Article 14 of the Comprehensive Zoning Ordinance, the KHPRC is convened with nine (9) members; four (4) of those members are appointed by the Mayor, four (4) are appointed by Council, and one (1) is appointed by this body itself. We lay out, kind of, four (4) specific purposes that this Commission has. The first one is really the overarching mission of this Commission, which is to protect, preserve, perpetuate, promote, enhance, and develop historic resources of the County of Kauai. The following three (3) are essentially the ways in which we do that. The first one is maintaining... or first creating and then maintaining that historic inventory survey that we have, which identifies historic properties/historic structures. The ultimate criteria... and you guys will be getting into more as we discuss the upcoming inventory... the ultimate criteria for this survey is whether or not it is eria for ligible and ready to be nominated for the State and National Historic Preservation lists. The crite those are essentially established by the Secretary of the Interior who has specific standards for historic' structures. We'll get into Secretary of the Interior Act soonand the National Historic Preservation . The third one is in conjunction with maintaining the inventory system; actually taking properties from the inventory list and this body itself recommending them for nomination to those January 7, 2016 KHPRC Meeting Minutes Page18 two (2) registers. We haven't done one in a while. We have come close a few times within the past few years, but those have kind of fallen by the wayside.' The Department is working with another agency to potentially get one of their buildings. We went through, as a body, this past year at looking at four (4) or five (5) structures here in L11hu`e that we could possibly look at recommending to be nominated to the State and National Register. We are working with the property owners on those potential nominations. As you folks know, sometimes property owners are a little bit averse to allowing their properties to be placed upon that list because of some leeriness on the additional regulations that may be required. But, we are working with them for them to understand the importance, the significance, as well as the benefits, particularly for, say, taxation purposes that they can have from being on those registers. And the final one, which this body is fairly well tuned and efficient at is assuring that new development and structures and their alterations are compatible with the historic character of the respective structure or site. So that's something, I think, everybody's gotten used to is that properties or structures that attempt to get building permits for changes or demolition, if they are found to be either on our inventory or over fifty (50) years old, our Department forwards them over to you folks to review and mitigate those potential impacts. In that responsibility, this body is advisory to the acting agency or authority. So for the smaller level permits, the single-family dwellings' alterations or demolitions, the acting agency is the Planning Department, and so this body advises the Planning Department on possible mitigation measures that they will have should structural changes be proposed for a historic structure. If the permit is of a much higher intense use and requires things like use permits or special management area permits, the Planning Commission has the authority on those permits, and you folks, essentially, review in an advisory capacity to advise the Planning Commission [sic] on potential mitigation measures that they should place on the proposal in order to ensure that the historic character is maintained or kept. And those are the four (4) primary duties or purposes of the Commission. Jodi's chomping at the bit to...� (L ughter in background) She thought there was another one. Yeah. Jodi's going to go over the specific duties that are laid out in the ordinance, which is actually at the end of the slideshow. (Laughter in background) So the framework for local preservation. You folks have an array of different resources at your disposal when revealing projects, when looking at various programs to institute. The first one would be the Advisory Council on Historic Preservation. Before I get into the advisory council, I want to take a step back. If we look at preservation here in this Country, the overriding legislation that kind of dictates or runs the day is the National Historic Preservation Act, which was passed back in the 60's in which an array of ... well, it was recognized that America needed to preserve many of its cultural sites, its structural sites, its archaeological sites, and in that Act, essentially, the United States Congress gave the Department of Interior, particularly undo the Parks Department, to run a historic preservation program in which the Secretary an array of different things were happening, but one of the primary things that was established was to allow the Secretary of Interior to establish a register list, that National Historic Register list, and the standards upon which a structure or site or place could be nominated to that list, as well as a framework under which States themselves could initiate preservation programs and be a part of to what -we've become known as funds to aid particular areas the Federal program, and then ultimately coming down t Certified Local Governments to allow for the distribution of Federal January 7, 2016 KHPRC Meeting Minutes Page 19 that have adopted historic programs in their preservation causes. So under this framework is where we get the funds when we talk about funds to dispense to create an inventory list, funds to have training for you folks, funds for potential brick and mortar restoration projects. The reason you folks have access to it is because the County of Kauai has adopted a certified preservation program that adheres to the standards of the National Historic Preservation Act and therefore allows us access to these funds. We still have to qualify for them. Another part of that Act is actually it established this Advisory Council on Historic Preservation that advises both the United States Congress and the President on preservation tactics, preservation strategies, and potential programs to institute to aid in the preservation process. They have various resources, as far as contacting, outreaching to them, as far as educational potentials and partnerships. That is one resource that we, as a Department, and you folks, as Commissioners, have at your disposal. The second one is the National Park Service, which, like I said, going into the discussion of the Historic Preservation Act, is the agency installed with (1) divvying out those CLG funds for us to implement our preservation program, as well as maintaining the register list, the Historic Preservation Register list, and the standards under which properties or structures are nominated to that list. Sounder the Historic Preservation Act, as I said, it laid out a process under which States themselves could adopt Preservation programs. Here in Hawaii we have our State Historic Preservation Office under the Department of Land and Natural Resources, and they are specifically tasked with preservation under Hawaii Revised Statutes Section 6E, which lays out their duties and responsibilities, as far as providing assistance to the Counties in our preservation programs, as well as maintaining a State Historic Register list much in the same way that the National Historic Register list is maintained. So, often you folks see the SHPD folks here, that's Anna Broverman and Kaimi folks, who will sit in the back and sometimes testify on the various resources and partnerships that they can do with us to promote our preservation program. And the last is the National Trust for Historic Preservation, which is actually a private entity that was created by Congress in order to acquire and maintain historic sites. I don't ... Pat, do you know if we have any National Trust sites here in Hawai `i? I don't know if we... Ms. Griffin I can't think of one. Mr. Hull: They are prominent throughout the east coast, given much of the east coast historic lineage in American History, but they are ... like I said, I don't think they have done any projects here in Hawaii, but there is a potential for this private entity to come in if a particular site, structure, area is deemed of national significance, and for them to expend funds to acquire it, and then, later on, to maintain it in its historic form. Oh, sorry. This goes through everything that I just kind of talked about. (Laughter in background) Our former attorney, Ian Jung, actually came up with this, so this is kind of all that I was talking about. And Ian, somewhat strangely, being the attorney, decided to talk about the resources available before talking about law, which is kind of strange for an attorney. background) But this all stems from the National Historic Preservation Act. (Laughter in Ms. Griffin: May I just add something here? This year, the National Historic Preservation Act turns fifty (50) years old. It was put into law by Congress in 1966, and I'm hoping the State ...were You just going to say that? Oh, good. I'm hoping that SHPD will write articles or somebody will January 7, 2016 KHPRC Meeting Minutes Page 20 get that word out, and this body turns thirty (30) years old this year. That's also, I believe, worth some celebration and dissemination. Thanks. Mr, Hull: And to add to that ... and Jodi was tapping on me because I was giving a little history lesson earlier before... actually, the National Historic Preservation Act was passed in 1966 under the Johnson Administration, but it was actually initiated under the Kennedy Administration. And much in part of the preservation efforts of our Country were initiated under the Kennedy Administration because of the works of the First Lady who, upon coming into the White House, saw some of the furniture and art and whatnot in disrepair, and started looking at the preservation of it, and it would go on later to expand beyond the White House to Lafayette Square, which is around the White House area, to preserve and renew that area. The individual, if you've read Ms. Griffin's recent book, the individual architect was actually tasked with redesigning Lafayette Square and looked at was one of the primers of preservation here in America. That individual, the same year that this Act was passed, actually drafted and was completed the 111hu`e Plantation Master Plan, so our connection to Preservation America is just ... it's a three -degree separation; it was very close though. It's a neat thing. Ms. Griffin: Just on the State Capitol. Mr. Hull: Correct, correct. So it's something... FYI... a fun fact. (Laughter in background) So both the State Constitution and State Plan recognize and encourage the preservation of historic and cultural resources, which is why, essentially, the State Historic Preservation Division of DLNR was created. And that goes into 6E, which I was kind of explaining earlier. Sorry. I wasn't too aware of how Ian laid this out. But yeah, again, just to reiterate, 6E... so if you look at the framework ... I'm going to go a little bit pass this and we can do this a little bit more colloquially. So if you look at the framework in which, legally, preservation has been set up, the National Historic Preservation Act was passed in Congress in 1966, and it ultimately sets those Federal standards. The Park Service is the primary agency for administering that program. Second to that is the State process, which is set up under 6E, and the preservation efforts and regulations were established in 6E and they are maintained by State Historic Preservation Division. And then when we follow suit, the ... like I said, it looks at historic properties, as Ian is pointing out in this, burial sites, aviation artifacts are particularly important under 6E. It lays out very specific standards under which they should be reviewed. Under 6E, any building or structure that is over fifty (50) years old is technically historic and requires historic review. When Ian created this PowerPoint, it was a little bit before recent State legislative action in which the State Legislature in the past session actually amended this rule to state that it's only applicable to non-residential structures that are fifty (50) years or older, so it essentially allows residential structures older than fifty (50) years old to bypass your review now; that's under State law. There are certain ways in which in reviewing these structures, the Department has the discretion, still, to forward them to you, and we are working on ways that we can do that, the County, as well as that new inventory list that is being drafted up will help to somewhat mitigate this bypass that was done by the Leg. in the sense that if it's on the inventory list in particular, regardless if its fifty (50) years or not under the Leg.'s new rule, if it's on the inventory, it would be required to come to you folks for your review and input onto it. That's why, in particular, the inventory list is so important. It is seen as one way in January 7, 2016 KHPRC Meeting Minutes Page 21 which structures or sites can be nominated, and that's the primary intent of that list, but secondary to that is to ensure that this body, should any changes be made to that property or structure, can review these sites. DLNR has Administrative Rules that lay out specific steps in which you identify a historic property, identify what changes are being made, what type of mitigative acts can be done to ensure that the historic integrity is maintained, and then executing that, essentially, and so this body has gotten used to it. Administrator Furfaro left the meeting at 4:18 p.m. Mr. Hull Commissioner Nakea, the way that it often plays out is if a historic structure is proposed to be altered; it comes before this body, we'll look at it to see whether or not it is of historical significance. If it's on the inventory list, more than likely we can automatically say it has historical significance. We identify what changes are being proposed to that structure, and if they are going to impact the historical significance of the structure. If there is going to be an impact, what type of mitigative measures can be done in order to ensure that the historic integrity is maintained. Somewhat controversially at times, if the applicant comes before this body, and I know youys have gotten used to it, is that they say there is no way it can be maintainedgu, and so the recommendation has been, from SHPD, to photograph and catalog, essentially, that site, but there are some situations in which it is established that while there will be historical significant impacts by demolition or removal, that in some situations it cannot be saved. So the 6E process also creates the Hawaii Historic Places Review Board, which functions in the same manner that ... the Department of the Interior has a Board that reviews the potential properties for the National Register. This Board will ... it reviews those properties for the State Register, and like I said, we hope to have one in the next year or two. It would be nice for this body to send one up and we are working as hard as we can to find a willing landowner because I think as we all have gotten used to the idea that the register lists are, in fact, wonderful things that function to preserve our built environment, the reality is that if you have an unwilling landowner, often times the end result of that is that it cannot ... I'll just say legal concerns arise as to whether or not you can put it on the list. And more often than not, we've been met with unwilling landowners, but hopefully we'll work to change the tide of that. We're about to get into Article 14, so I'll turn it over to Jodi. Ms. Hieuchi-Saveeusao Okay, so Article 14 under the Comprehensive Zoning Ordinance contains five (5) sections. IS is the purpose that Kaaina went over in the first slide; overarching purpose. Two, Kauai Historic Preservation Review Commission. This section kind of goes into the mechanics of how you folks are here, and how to conduct meetings, etc. I'm sorry, the composition. This section is related to the composition of this Committee. Three, powers and duties of the Commission , which I'll go over in detail on the next slide. Four, talks about how often you folks must meet, or the minimum amount of meetings you must meet, and that you folks have to conduct and hold hearings in accordance with Chapter 91 or rule -making, which as Kaaina mentioned earlier in the meeting, we are working on some rules to kind of give an overarching guidance in how to conduct meetings, and clarify how many votes are required for a certain action, etc. And the fifth section just talks about, basically, the funding sources that being the Federal January 7, 2016 KHPRC Meeting Minutes Page 22 Historic Preservation Grant. We also talked a little bit earlier about the CLG. Okay, we'll move onI So powers and duties. I'm just going to put them all up for now. There are quite a number of enumerated duties and powers of this body. First is to adopt criteria, standards, and procedures for the identification of historic resources, and to prepare a countywide inventory of such. Second, to maintain a system for the survey and inventory of historic resources within the County. Thirdly, to review and recommend to the State Historic Preservation officer those historic resources which should be for submittal to the keeper of the National Register. So, again, the first two (2) is identification and a system for inventory for the countywide list. Also, the function is obviously to make recommendations for the National Register. The fourth bullet point, to administer the Local Certified Government program of Federal Assistance for historic preservation within the County of Kauai. The last bullet, to prepare and implement a comprehensive Countywide Historic Preservation Planning Process consistent and coordinated with the Statewide Comprehensive Historic Preservation Planning Process. Another duty of this body is to advise and assist Federal, State, and County government agencies in carrying out their historic preservation responsibilities. I think this one is pretty key and generates a lot of agenda items when... for instance, State, with their big projects, bridges for instance, comes and seeks the advice and recommendations of this body. So Federal projects, State and County agencies seek your advice on how to carry out the responsibilities. The next bullet point, to provide public information and education relating to National, State, and County historic preservation programs. Again, this is a forum where a lot of this education to the public ... it's an interface with the public and a key opportunity resource for the public on education. Third bullet, to assist the Planning Commission to develop standards and guidelines applicable to uses of historic resources and uses proposed within historic districts or neighborhoods, and to otherwise advise the Planning Commission in all matters affecting historic resources. Again, another key role where Planning Commission and the various projects that they oversee seek advice of this body. For instance, most recently was the clock tower. The nextbullet, to obtain, within limits of funds appropriated, the services of qualified persons and organizations to direct, advise, and assist the Commission and to obtain the equipment, supplies, and other materials necessary to its effective operation. And the last is to promulgate rules and regulations pursuant to 91 to carry out the functions in accordance with this article. So again, as we mentioned, we've been working on rules to kind of help assist in the functioning of the business with this body, and you will get a chance to review that shortly. So the overarching obligations of this body is at least once quarterly, you folks must meet, and within fifteen (15) days of such meetings, if there is an item that the Planning Commission specifically referred to this body for consideration, you folks must forward any comments or recommendations within fifteen (15) days after this meeting. The only other thing that I wanted to kind of mention, it's not a bullet point here, but because this is a State... considered a Board and Commission, we must abide by HRS Chapter 92, Sunshine Law. So anything related to Board business or a function of the Commission has to be engaged in an open meeting setting; that's basically the overarching purpose of Chapter 92, Sunshine Law, is to require that meetings of the County or other government entities are open to the public, accountability and the opportunity for the public to weigh in, also. Generally, any Board business January 7, 2016 KRPRC Meeting Minutes Page23 must be reserved... discussions must be reserved for our meetings. There are certain exceptions. There's three (3) of which I think are most applicable to this body. They are referred to as permitted interactions, and so two (2) Board members can talk about Board business outside of a scheduled meeting; however, no commitments of how to vote or, you know, should be promised. I think, in general, you should probably just reserve discussion for the meetings. The other two (2) are in the cases of if you folks form a PIG, the Permitted Interaction Group, where you were given the responsibility to go out and conduct an investigation within a scope determined by you folks during an open meeting, and then to come back and report back to the Committee. And the third is just presentations and discussions... I'm sorry ... for the PIG and also for this, for the presentations and discussions, two (2) or more, but less than the quorum, which is, in this case, four (4) because we have nine (9) members; up to four (4) can be convened to (1) do an investigation, or (2) to attend presentations or give presentations or discuss any matter, and then report back to the body. But that's basically all of it. Ms. Nakea I have a question. So if the Commission proposes to form a PIG and it's in front of the open forum, can they object? Can the public object in the... They could object to a PIG, basically, is what I'm asking. Ms. Hi chi -Sam usa Yeah. All of these actions occur in public, and the public can testify and weigh in, and you folks can consider that in the forming of such groups. Mr. Hull I'll just say in closing, I think that Commissioner Helder's comments concerning, you know, what are the duties and what's the core function of this body, and overall it is ultimately preservation. It is laid out in those eight (8) or nine (9) points of Section 14 of the Comprehensive Zoning Ordinance. In having discussions with Commissioner Nakea yesterday and briefing her before she starts on this body, it appears in my assessment that we've kind of gotten very efficient at some things, and we are kind of trying to figure out our place in other areas. I think, to a certain degree, when we look at our review of historic properties and potential changes to them, the body seems to pretty well know, and the Department knows, how to handle these reviews and these applications. I think, to a certain degree, we could apply more standards and clearer standards. Perhaps even wrapping in the Secretary of Interior standards in our own assessment of whether or not these modifications should be made might be appropriate. But that seems to be fairly clear, as far as our obligations and duties ... or your obligations and duties, and our staffing responsibilities to you for that. I will also be upfront in that we are noticing that in the other program management of preservation here on Kauai, we've gotten new and much more active direction and roles bySHPD, which is wonderful to have, but we are all kind of right now trying to figure out where we move forward with the rest of the program aside from just reviewing properties. We want to do these nominations, we want to do brick and mortar projects, we want to do promotion of getting properties on the list or promotion of preservation programs, but how do we move forward? And I think we are still all working through with that and I just want to convey a gratitude and thanks for participating in this process, but also just to bear with us as we begin to navigate. What does seem to be a bit more newer territory with some of the resources available and some of the staffing and insight that we are getting from SHPD, and don't get me wrong, it's wonderful insight that they are taking a much more active role, but I think we are all trying to figure out our (inaudible), too, Commissioner Helder. In that sense, we are working forward, but it's going to be ... I think ]anuary 7, 2016 KHPRC Meeting Minutes Page 24 Commissioner Nakea put it the best when her response was it sounds frustrating and exciting at the same time. (Laughter in background) Are there any other questions? Ms Higuchi-Sayegusa: Or anything we missed? Mr. Hull: Pat can correct us on anything we missed. (Laughter in background) Ms. Griffin: There's a summary page at the end. Mr. Hull: Yeah, this is what we covered. Ms. Griffin: Well, thank you two very, very much. We can't hear that often enough and go through. When you really read the ordinance and see what our duties are, it's intimidating actually when you see the breath of expectation as written in our ordinance. So I appreciate you all helping us out on that overview. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS Re: Selection of 2016 meeting dates. Ms. Griffin: We have come down to K, Selection of Next Meeting Date and Agenda Topics. As I a little with the SHPD folks about separating the date mentioned before, last month we talked and time of our ... their or our meetings, but we only have control over our meeting. So we do not have to change, we can remain the first Thursday of the month. The Staff had found that the only other date that we have a room available is the fourth Thursday. So what is this body's pleasure in terms of sticking with the way we are doing it now, first Thursday of the month? Or changing our meeting days? Ms. Hoomanawanui: Change it. Yeah, first of the month. Change it. Mr. Helder: I didn't hear. Ms. Schneider: Change it? Mr. Helder: Change it? Ms. Hoomanawanui: Yeah, Ms Arinaga: I would say keep it to what we have now, but I can go anyway. Ms. Schneider: Keeping the one we have now works for me, but that's up to you. If it has to change, it has to change. January 7, 2016 KHPRC Meeting Minutes Page 25 Mr. Hull: Let me just interject and to get to the bottom of it. Like the Chair pointed out, it was to accommodate SHPD being that they have the same meeting to attend on Maui, and they have to split resources or split times when they come here. So being that they want to take, as previously discussed, the much more active role with our various Commissions on the islands, we wanted to see if we could accommodate them coming. At the end of the day though, the most important thing is that you folks are able to attend the meeting, so that's the first priority. If you folks aren't able to the meeting, that's when I'll make sure that you are all able to attend, and then secondary to that is having the SHPD Staff attend. Ms. Griffin And one of the things that SHPD, the State Historic Preservation Division, has set up ... the Architecture Branch, Kaimi Yoon and Anna, but Mary Jane Naone, our Kauai Archaeologist, has also been sitting in, is they are establishing monthly conference calls with our Staff, the Chair, whoever it's about to be for 2016, and folks from the Maui and Hawaii Island Commissions. So they are reaching out in other ways besides having their physical bodies here, so there are other ways that they are communicating as well. I think at this point, maybe we can get a motion for one or the other, and then talk it out and go to a vote. Mr. Helder: I move that we change the dates to accommodate State participation over here. Ms. Griffin: Is there a second? Ms. Schneider• I'll second. Ms. Griffin It's been moved by Mr. Helder and seconded by Ms. Schneider to move our meeting dates to the fourth Thursday of the month to accommodate the State personnel in attending our meetings. Okay. Further discussion on...? Mr. Helder: Yes. One of the things that we've had difficulty with all these years is the interaction between State and the County. The communication has often gotten astray. Whenever we had stuff that we wanted to bring up, especially about funding, it was difficult to interact with them, and I think anything that we can do to tighten that up so that they have more opportunity to come and participate in our actions, I think, is a beneficial thing. I'm able to make these dates. If you can, that would be great. Ms. Griffin: Further discussion? Yes, Kalei, Ms. Arinaea• My only concern would be, are they committed to all of these dates? Say we switched it and went by these dates, will they be here? Mr. Helder: That's always a good question. (Laughter in background) I don't know. But if this is what they are proposing would solve some of the problems, then I'd be willing to try it. Ms. Schneider: Me too. ]anuary 7, 2016 KHPRC Meeting Minutes Page 26 Ms. Griffin: Funding will have to,. maybe Hawaiian Air can help them out. Other discussion? Hearing none. All in favor? (Unanimous voice vote) Opposed? (None) The motion carries 6:0. So now the question is, do we want to meet again at the end of this month? The 281h of January is when it would be. Or do we want to wait until February" I suggest that in part because of the.. ayes? Mr. Hull: To interject, the room isn't available on that Thursday. S. Griffin: The room is not available? Mr. Hull: Yes. The schedule we're giving you is with the anticipation that the next meeting will be in February. But if you guys wanted to have another meeting in January, you could essentially... Jodi, I'm going to ask for your legal opinion on this. Could they defer it to a later January meeting without setting a specific date? And then we get a room or the time when this is available. Or you have to set the specific date on the deferral? Ms Higuchi-Savegusa: I'm sorry. Deferral on the very next date? Mr. Hull: Well, no, yeah. If there's the ... well, not a deferral. It's not a deferral. It's just a... Ms Hi guchi-Savegusa: No, I mean, that's just... Mr. Hull: We would just be calling a meeting... Ms Higuchi-Sa eegusa: Yeah. As long as we have the agenda... Mr. Hull: Posted, yeah. Ms Higuchi-Savegusa: Posted seven (7) days prior to the meeting. Mr. Helder: Do we need a meeting on the 28th? And if it's only about this thing that the State is proposing on the bridges that would be the only reason we would hold a meeting, then we might as well address that now, and just go with the later meeting. Ms. Griffin: no you know, Myles or Kaaina, of any permit request or other businesses of that nature coming up? Staff Planner Myles Hironaka: As of this date, we don't have any other applications waiting. However, from now until say in a couple of weeks, we could have an application and we could also put that on the agenda for this Commission to review. Ms. Griffin: Okay, because that would be seven (7) weeks and sometimes we end up not having that much time. Mr. Hironaka: Right. Jan u ry 7, 2016 KHPRC Meeting Minutes Page 27 Ms. Griffin: Then, possibly, if something comes up, would it be possible to notify the Commission and ask for a meeting prior to February 25th without having to deal with it now? Mr. Hull: Yes. The Department can do that Ms. Griffin Okay. So as it stands, we will move to the fourth Thursdays of the month beginning February 25th, 3 o'clock, here. Mr. Helder: No, no. That's what I'm trying to say we can avoid. Because if that coincides with this other meeting with the State on the bridges... Ms. Griffin: Right, Mr. Helder: We are trying to rearrange that particular meeting. We were suggesting moving it to January 28, so we wouldn't have to have the conflict. If we don't have to have the meeting on the 28th, perhaps we can eliminate the one on February 25th, attend the bridges meeting, and meet the next meeting on March 24th. However, if something comes up that needs to be dealt with, we can schedule another meeting; it doesn't have to be within January. It could be within February. Can we do it that way? Ms. Griffin: Let's assume right now that the DOT meeting won't be at 3 o'clock, and move on, and that will be subject to change if we get some (inaudible) message from Puhi, Department of Transportation Office. If that's acceptable to everybody, we will keep the status quo, which is February 25th at 3 (o'clock), unless other business requires us to meet before that. Mr. Hull: So to be clear, Chair, then for the upcoming agenda, be a sooner one or the February 25th one, we'll be agendizing the letter from DOT requesting representation from KHPRC, and at that time, this body can discern whether or not they will appoint an official or attend as individual Commissioners. Just for clarification. Mr. Helder: Yes. Mr. Hull: That's the plan? Okay. Ms. Griffin: Okay. We were going to go back and discuss that after we got the meeting dates settled, but that sounds acceptable. Is everyone totally confused? (Laughter in background) Ms. Nakea: Could you say that one (1) more time? Mr. Hull: Okay, so the problem that was coming into play with setting a later meeting date is that the DOT request was for KHPRC to participate in their forum. Their date for that meeting is February 25th; we don't have a time. If this body ... and there are two (2) different options, essentially, for individual members to attend in their individual capacity, which would require no action from this body and that's fine going out from here today. But if this body wished to appoint January 7, 2016 KRPRC Meeting Minutes Page 28 a specific representative to speak on behalf of this body, it can't take that action today because it hasn't been agendized. Ms. Nakea: Oh, okay. Mr. Hull: So in order for an appointment of an official spokesperson, we would have to wait until the next meeting where its agendized, and you guys could take a vote on appointing that spokesperson. As I get right now, the hope is that the DOT time will come out around 5/5:30 for their meeting; at 3 o'clock you folks will have your meeting, and decide whether or not you are going to appoint a person to speak on your behalf. Ms. Griffin: Regardless, would Staff please take it upon themselves to nofify us of the time once it becomes available? And I really hope that several fellow Commissioners will be able to attend it. SELECTION OF 2016 CHAIRPERSON AND VICE CHAIRPERSON Ms. Griffin: We have one (1) more item of business, and that is the selection of the 2016 Chair and Vice Chair of this Commission. I will entertain nominations at this time. Ms. Schneider: I nominate Pat to stay as Chair. (Laughter in background) Ms. Arinaga: I'll second that nomination. Ms. Griffin: Aren't you all sweet, but I think that our County Charter would not let that happen. Ms Arinaga: I nominate Anne. Mr. Helder: I second it. Ms. Griffin: Are there other nominations? It's been moved and seconded that Anne Schneider be our KHPRC Chairperson for 2016. All in favor? (Unanimous voice vote) Opposed? Hearing none. Motion carries 6:0. Madam. (Laughter in background) Ms. Schneider: Well, I nominate Pat to be Vice Chair. I'm sure I can't do as good a job as she did. Ms. Griffin: You know, I think there are other people sitting around this table who deserve the opportunity to have that role, and I thank you. I'm very honored by your show of trust for what I've done this year. Ms. Schneider: Well, I nominate David Helder for Vice Chair. Ms Arinaga: I second. January 7, 2016 KRPRC Meeting Minutes Page 29 Mr. Helder: I have only one (1) comment. I will be gone for three (3) months beginning April 111 and then I will be gone again in the fall for three (3) months, so six (6) months, so you'll have half a year without a Vice Chair. If you're happy with that, okay, but I would rather see somebody with, you know, the Chair with more support. Ms. Griffin: I would like to make another nomination and that is for Kalei Arinaga. Ms. Schneider: I second the motion. Ms. Griffin: You can't. (Laughter in background) We're not quite used to yet to our changed roles here. (Laughter in background) Ms. Arinaga: Can I think about this? Because I reshuffled my schedule, and now I have to go back and un-reshuffle that schedule to meet the new schedule. Mr. Helder: Sounds like historic preservation to me. (Laughter in background) Ms. Higuchi-Sa egusa We still haven't received a second though. Mr. Helder: I second it. Ms. Arinaga' What was...? Ms. Higuchi-SayegusaWe just needed a second, and then we can move into discussion. Mr. Hull: I think to interject, Jodi, and maybe you can weigh in, Commissioner Arinaga is asking, essentially, can they defer this action? Ms. Arinaga• Yeah. Ms. Higuchi-Savegusa• So perhaps maybe a motion to...you would like to receive a motion to defer this item. Ms. Griffin: I move that we defer the election of our Vice Chair to the February 25th meeting. Mr. Helder: Second. Ms. Schneider: All in favor? (Unanimous voice vote) (Laughter in background) Ms. Hi chi-Sa e usa7 It doesn't seem like there are any objections. As. Schneider: No objections. So we will (inaudible). Motion carries 6:0. We will see you all on February 25th at 3 o'clock. January 7, 2016 KHPRC Meeting Minutes Page 30 ADJOURNMENT The meeting was adjourned at 4:47 p.m. Respectfully SubmitCed, arcie Agaran Commission Support Clerk Date: