Loading...
HomeMy WebLinkAboutJanuary26,2017KHPRCAgendaPacket2MEETING OF THE KAUA'I COUNTY HISTORIC PRESERVATION REVIEW COMMISSION THURSDAY, JANUARY 26, 2017 RECEIVED 3:00 p.m. (or soon thereafter) L-ihu'e Civic Center, Moikeha Building Meeting Room 2A/2B 4444 Rice Street, Llhu'e, Kaua'i 17 A 20 A10 31 AOF.NDA OFFICE nE THE CO WNTY C ERK COU'l# Y OF 901"1 A. CALL TO ORDER B. ROLL CALL C. 90 DAY EXTENSION - PAT GRIFFIN D. SELECTION OF CHAIRPERSON AND VICE CHAIRPERSON E. APPROVAL OF THE AGENDA F. APPROVAL OF THE NOVEMBER 17, 2016 MEETING MINUTES G. PUBLIC COMMENT - Individuals may orally testify on items on this agenda during the Public Comment Period. Please call the Planning Department prior to the meeting or notify Commission Staff at the meeting site. Testimony shall also be accepted when the agenda item is taken up by the Commission. However if an individual has already testified during this period, additional testimony at the agenda item testimony may be allowed at the discretion of the Chair. Testifiers shall limit their testimony to three (3) minutes, but may be extended longer at the discretion of the Chair. Written testimony is also accepted. An original and twelve (12) copies of written testimony can be hand delivered to the Planning Department or submitted to Commission Staff at the meeting site. H. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS I. COMMUNICATIONS J. UNFINISHED BUSINESS 1. Proposed draft Rules of Practice and Procedure of the County of Kauai Historic Preservation Review Commission. 2. Discussion on the status of the Certified Local Government. January 26, 2017 K.H.P.R.C. Meeting Agenda Page 2 K. NEW BUSINESS 1. Garden Island Service Station (Aloha Petroleum. Ltd.) TMK: 3-6-006:089 3-3178 Kuhio Highway, Lihue, Kauai Proposed demolition of Gas Station Built in 1930. 2. Mrs. Mary S. Rice Beach House TMK: 3-1-001:003 Kipu Road, Kipu Kai, Kauai Proposed nomination to the Hawaii Register of Historic Places and the National Register of Historic Places. 3. Old Kealia School (Alakai O Kauai Public Charter School) TMK: 4-7-03 :06 Kealia, Kauai Proposed Reconstruction of the Former Island School Building. L. COMMISSION EDUCATION COMMITTEE M. KAUAI HISTORIC RESOURCE INVENTORY UPDATE COMMITTEE Update on the permitted interaction group (PIG) for updating the Kauai Historic Resource Inventory. N. HISTORIC PRESERVATION PUBLICITY COMMITTEE 1. Update on the permitted interaction group (PIG) for publicizing historic preservation efforts. O. DATE AND AGENDA TOPICS (February 23, 2017) P. ADJOURNMENT EXECUTIVE SESSION: The Commission may go into an executive session on an agenda item for one of the permitted purposes listed in Section 92-5(a) Hawaii Revised Statutes ("H.R.S."), without noticing the executive session on the agenda where the executive session was not anticipated in advance. HRS Section 92-7(a). The executive session may only be held, however, upon an affirmative vote of two-thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 92-4. The reason for holding the executive session shall be publicly announced. Note: Special accommodations and sign language interpreters are available upon request five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Suite 473, Lihue, Hawaii 96766. Telephone: 241-4050. KAUA`I COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihu`e Civic Center, Mo`ikeha Building, Meeting Room 2A/213 MINT TTFR A regular meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on November 17, 2016 in the Lihu`e Civic Center, Mo`ikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Chairperson Anne Schneider, Vice Chair Victoria Wichinan, Althea Arinaga, Larry Chaffin Jr., Pat Griffin, Charlotte Hoomanawanui, Stephen Long, and Deatri Nakea. The following Commissioner was absent: David Helder The following staff members were present: Plaiuling Department — Michael Dahilig, Myles Hironaka, Kaaina Hull, Shanlee Jimenez, Leanora Kaiaokamalie, Marisa Valenciano; Office of the County Attorney — Deputy County Attorney Jodi Higuchi Sayegusa; Office of Boards and Commissions — Administrator Jay Furfaro (entered at 3: 03 p.m., left at 4:21 p.m.), Commission Support Clerk Darcie Agaran. CALL TO ORDER The meeting was called to order at 3:01 p.m. Deputy Planning Director Kaaina Hull: Good morning [sic], Chair and members of the Commission. The first agenda item is Roll Call. Commissioner Arinaga? Ms. Arinaga: Here. Mr. Hull: Commissioner Chaffin? Mr. Chaffin Jr.: Here. Mr. Hull: Commissioner Griffin? Ms. Griffin: Here. Mr. Hull: Commissioner Hoomanawanui? Hoomanawanui: Here. Mr. Hull: Commissioner Long? Mr. Long: Here. November 17, 2016 KHPRC Meeting Minutes Page 2 Mr. Hull: Commissioner Nakea? Ms. Nakea: Here. Mr. Hull: Commissioner Schneider? Ms. Schneider: Here. Mr. Hull: Commissioner Wichman? Ms. Wiclunan: Here. Mr. Hull: We have a quorum, Madam Chair. APPROVAL OF THE AGENDA Mr. Hull: The next agenda item is Approval of the Agenda. The Department would recommend, given some staffing resources, that Agenda Item H.2., concerning the TIGER Grant, be moved just before G.1. and after F, Communications. Ms. Schneider: Do we have a motion? Ms. Griffin: I move that we move H.2. before G.1. Ms. Schneider: Do we have a second? Ms. Arinaga: Second. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Motion passes 8:0. Mr. Chaffin Jr.: Before which item? Mr. Hull: Before G.1. APPROVAL OF THE OCTOBER 27, 2016 MEETING MINUTES Mr. Hull: Next is Approval of the October 27, 2016 Meeting Minutes. Ms. Schneider: Do we have a motion? Ms. Griffin: I move to approve the minutes of the last meeting, October 27t1i Ms. Schneider: Any second? November 17, 2016 KHPRC Meeting Minutes Page 3 Mr. Chaffin Jr.: I have a question. Ms. Schneider: Sure. Mr. Chaffin Jr.: On Page 3, it says that the bridge has been identified as structurally deficient, and I'm wondering what the deficient means. Is that the County... Deputy Attorney Jodi Higuchi Sayegusa: I'm sorry. Which matter are we talking about? Mr. Chaffin Jr.: H... let's see. It's on Page 3. Ms. Higuchi Sayegusa: Okay. Mr. Chaffin Jr.: Under "Mr. Parker". The bridge has been identified as structurally deficient. Does that put the County in a precarious legal position if something happens? Ms. Higuchi Sayegusa: I would suggest that if there's any substantive questions on the project itself, we wait `til the matter is called up, but otherwise, we're just talking about the ... if there's any corrections to the minutes. Mr. Chaffin Jr.: Okay. Ms. Wichman: I have one (1) correction, please. On Page 34, where I'm speaking, it's like the 3rd down. It says "until our last meeting or until Pat Griffin returns", and it is "until our next meeting"; it wouldn't be our last. Thank you. Ms. Schneider: Any other corrections? Do we have a second? Ms. Wichman: I second. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Motion carries 8:0. PUBLIC COMMENT Mr. Hull: The next agenda item is D, Public Comment. Ms. Schneider: Is there anyone from the public that would like to speak on any issue? Seeing no one, we'll go on. , ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS Mr. Hull: The next agenda item would be H.2., National Historic Preservation Action Section 106 Consultation for the Lihu`e Town Core Mobility and Revitalization, District of Lihu`e, Island of November 17, 2016 KHPRC Meeting Minutes Page 4 Kauai, Ahupua`a of Kalapaki, Federal -Aid Project No. TGR 0700, project involving right of ways of Eiwa Street, Rice Street, Hoala Street, Puaole Street, Malae Street, and the Shared Use Path from the Dihu`e Civic Center to the War Memorial Convention Hall. And we have our Director and Marisa Valenciano here to make a presentation. Ms. Griffin: Madam Chair, did we decide to omit Announcements and Business Matters? Mr. Hull: Oh, excuse me. Sorry. Correct, the next agenda item would be Announcements and General Business Matters, if there are any announcements. Ms. Schneider: Pat. Ms. Griffin: Yeah, as a matter of fact, I do have two (2) announcements. (Laughter in background) The first is that Historic Hawaii Foundation has, for many years, given awards for preservation projects and activities and so forth, and just to let you all know, nominations can be submitted by anybody. This will ... their form and infonnation will be coming out in the next month, and there's not that long a period to write them. I know that Staff here will get a notice of that, but I wanted to be able to alert the Commission individually to think about preservation projects, books, media, whatever. My second announcement is Happy Birthday Mike Dahilig. (Laughter in background) You historic thing. (Laughter in background) Mr. Chaffin Jr.: You're not going to lead us in a song? (Laughter in background) Ms. Schneider: Mr. Furfaro. Administrator Furfaro: Yes. I spoke to Kaaina earlier today and under the area of General Business and Announcements, I have something to share with you folks. I'll be going through the details with the Planning Director tomorrow when he visits our office. We thought we'd give him the day off for his birthday, but he still showed up. (Laughter in background) We have two (2) issues under procedure and protocol that I would like to point out to you. First of all, amongst you as nine (9) members, four (4) of you are Commission appointees from the Mayor, four (4) of you get nominations through the Council, and then, as a body, you select or anoint the 9t1i person and that person is Pat Griffin. So it has been traditional, looking back on some of the history here, that you folks have not usually met in December, but if you do meet and it is planned (inaudible), you can put a December agenda item on for the body to ask Pat to be extended for 90 days, but it has to be voted on by you folks as a group and it has to be an agenda item, if Pat so desires to carry on `til the end of March. Ms. Schneider: So it has to be noticed at the next meeting? Administrator Furfaro: Yes, yes. Because that appointment is yours. After that is recognized in the vote of the body, I can simply issue the 90-day notice, but it has to come from you folks. Then, also, I'm going to pass something out. If you could just pass one out there. Last year, my office ... we attempt to coordinate training for all of the Boards and Commissions. Even though November 17, 2016 KHPRC Meeting Minutes Page 5 Historic Preservation and the Open Space are kind of semi -connected to us, most of this comes through the Planning Department. I have been working with the Native Hawaiian Legal Corporation, as well as OHA, on possibly getting some participation on agenda items that deal with water, kuleana rights, and so forth as you can see from this draft agenda. I was pot able to rally enough money to participate on the original date which was identified here as July 16"i, but subsequently, we have been able to identify a date for the 11 t" of January. This is going to be a mix group including about 35 seats for the State of Hawaii and about 35 seats for the County of Kauai which will have to cover all Commissions, and the most important, obviously, is Historic Preservation, Open Space, Planning; I think Police and Parks with the Rangers regarding land usage and so forth. So we probably will have between four (4) and six (6) seats, but, you know, these are not seats that you can come for one (1) class and depart. It has to be a commitment for the whole day. We, in return for the Native Hawaiian Legal Corporation and OHA, are providing a light breakfast. They are doing the lunch and they are bringing in the speakers. We are hosting the space, so from an economic standpoint, it's quite well-balanced. Ms. Schneider: And it's here in Lihu`e? Administrator Furfaro: It's here in Lihu`e. What I want to make sure we understand is because we're doing this jointly, we'll have a restricted amount of seats and it will be a full -day session, and then we'll go on to do other protocol and commission training in February, March, and April. But I wanted to get this announcement out to you and I'll be going through the details with the Planning Director tomorrow when we meet. But you can see who the instructors are here — a pretty nice group — and probably items that you should be aware of as possible. I'm sorry it's taking such a long time, but we just couldn't make it work in July, but we do have a new date to make it work in January. Ms. Schneider: Thank you. Administrator Furfaro: Chairwoman, thank you very much. Ms. Schneider: Thank you. Ms. Wiclunan: May I ... Jay, please. Administrator Furfaro: Yes. Ms. Wiclunan: Since we only have a limited number of seats, how can we sign up? Or how does that ... or do you choose who? Administrator Furfaro: I'm going to go through those details with the Planning Director tomorrow when we meet. I just wanted to plant the seed — `ano`ano — this one the first time around, you know, so the idea is there, but I want to also point out that this is not like oh I can come for the morning class. We only have "x" amount of seats. It's a full day's commitment as you can see from the draft agenda. November 17, 2016 KHPRC Meeting Minutes Page 6 Ms. Wichman: Great. Thank you. Administrator Furfaro: Okay. Ms. Schneider: Thank you, Jay. Administrator Furfaro: And about your commission selection, if you have the time to decide to put something_on the December again, you vote on it as an agenda.item, and we can get her extended for 90 days. Ms. Schneider: And if we don't have the December meeting? Administrator Furfaro: Well, I can do an extension letter, but it would have to be on your January meeting, posted at the very beginning of the meeting; at the very beginning. Ms. Schneider: Thank you. Ms. Wichman: May I ask another question, please? Ms. Schneider: Sure. Administrator Furfaro: Of me? Ms. Wichman: Yes, yes, Mr. Furfaro. What about the rest of us here? I'm not quite sure when my tenn ends because I took over Jane Gray's place, so that's something maybe some of us ... maybe other people here don't know when their teen ends. Administrator Furfaro: Sure. There is a roster listing that we submit to Planning. If you'd like, I can bring it at our next scheduled meeting, review it with you. Ms. Wichman: Okay. Administrator Furfaro: There are a couple things that are very obvious that we have to know about. The rules are two (2) terms; two (2) full tenns unless you replace somebody who is ... still got at least two (2) years left on their tenn, so then you could serve eight (8) years, okay? Oh, I'm sorry, less than two (2) years. Okay? You have a scattering of tennination dates; usually in pairs. I can share that with all of you. The two (2) that ... in this commission and Open Space that we're getting ready to close, I already sent them letters and extended them. If you didn't get a letter, then you know this wasn't your tenn. But I can bring the whole roster for all 168 commissioners at the next meeting. Ms. Wichman: Okay. I was just asking because I started almost two (2) years ago and I was replacing Jane, so I'm really not quite sure. November 17, 2016 KHPRC Meeting Minutes Page 7 Administrator Furfaro: Well, if you served at least two (2) years, you can only be reappointed for one (1) more tenn. Ms. Wichman: But I took her place. Administrator Furfaro: But if it was more than two (2) years, they consider that a full term. Ms. Wiclunan: Okay. Administrator Furfaro: So each term is three (3) years. If you replace somebody that is one (1) year, one (1) year left, you can serve two (2) more. Ms. Wichman: Right. Got it. Administrator Furfaro: But if you replace somebody and filled it out for more than two (2) years that is counted as a tenn. Ms. Wichman: Okay. Alright, thank you. Administrator Furfaro: So you get one (1) more. Ms. Wichman: Great. Thank you. Administrator Furfaro: Okay. Ms. Schneider: Thank you. Administrator Furfaro: I'll have the details and the roster available to you. Planning will also have one. Ms. Schneider: Thank you, Jay. Administrator Furfaro: Happy Turkey Day to everybody. Gobble, gobble. (Laughter in background) Mr. Hull: Any further announcements? Seeing none. COMMUNICATIONS Mr. Hull: The next agenda item is F, Communications, which there are none. NEW BUSINESS November 17, 2016 KFIPRC Meeting Minutes Page 8 Re: National Historic Preservation Action Section 106 Consultation Lihu`e Town Core Mobility and Revitalization District of Lihu`e, Island of Kauai, Ahupua`a of KalapakY Federal -Aid Project No. TGR 0700 (073) Project involving Right of Ways of Eiwa Street, Rice Street, Hoala Street, Pualole and Malae Streets, and the Shared Use Path from the Lihu`e Civic Center to the War Memorial Convention Hall. Mr. Hull: So back to H.2., concerning the TIGER Grant. Again, we have the Director, Michael Dahilig, and Marisa Valenciano here on behalf of the Department. Planning Director Michael Dahilig: Good afternoon, Commissioners and Chairperson Schneider. Thank you for having us this afternoon, and thank you for accommodating the schedule and moving us up on the agenda this afternoon as well. We are here ... and Marisa is passing out ... I'm sure a lot of you have heard in the news over the past year about the County obtaining a $13.8 million grant to revitalize Rice Street and surrounding areas as part of the Transportation Investment Generating Economic Recovery Program that is sponsored by the U.S. Department of Transportation. Every funding cycle, the Secretary of Transportation is authorized to grant a certain amount of discretionary funds to jurisdictions across the United States that are promoting projects that do more than just transportation; they promote economic recovery. Our County was 1 of, I think, 60 something jurisdictions out of 500 that was awarded $13.8 million. Proportionally, this project is — aside from one other project in northern Alaska, I think it's in (inaudible) — this project is the highest proportional Federally funded project out of that round of TIGER funds that were given out last year. So to put that in perspective, 85% of this project that is being proposed to revitalize Rice Street is funded directly from the Secretary of Transportation. So it's a pretty monumental accomplishment and I'd like to acknowledge Lee Steinmetz and Michael Moule and the Department of Public Works for taking and carrying a lot of water in trying to move forward with this application. We got a lot of support from our Congressional Delegation. Senator Schatz and Senator Hirono were pivotal in trying to convince the Secretary that our project was worthy. To give one other metric, for every $20 that was applied for across the nation, only $1 was awarded. So if you put it into college application likelihood of being admitted, you know, this project was like getting admitted to UPenn or getting admitted to UCLA. I mean, it was a pretty selective group of applications that were given. It's been about a year since the process has started and we are now at the phase of meeting the environmental entitlements as required by Federal law. Under the National Environmental Protection Act, we are required to submit a categorical exclusion. But as part of that process, we first must go through — and that's why we're here — the Section 106 Consultation process. That process was authorized to be initiated on November 7t1i by a delegated authority from the Director of Transportation at the State, and we are now going through that round of consulting with our stakeholders in the historic preservation community and asking and inquiring whether there are potential areas of concern or areas that need to be mitigated as a consequence of the TIGER Project. We have circulated to all of you a resolution. What the resolution is, is this is the approved resolution that was given to the Council — and there were a few amendments — but this was November 17, 2016 KHPRC Meeting Minutes Page 9 approved by the Council last month. Essentially, it authorizes the changes to Rice Street; moving Rice Street from a 4-lane project to a 3-lane project. It also takes info account changes to portions of Eiwa Street where we are now accommodating a larger transit (inaudible) area. We are also looking at Hoolako Street as well as areas behind Kalena Park where you have the senior housing area. So all of these elements are part of the overall Lihu`e Town Core Revitalization Project, but a large amount of the focus is on Rice Street. As part of this area, what we've done is we've already received approval from the State Historic Preservation Division. They have approved our Area of Potential Effect, APE, and that map has been, I guess, also circulated to all of you via the letter that was authorized by the State Department of Transportation. Given our analysis of what's been going on with what the scope of the project entails and what's going on, most of the project entails curb and gutter work, restriping, some minor signage as well as sub -vertical strictures along the transit (inaudible). There will be some medians that are put in for safety and so those were highlighted in the resolution, and there are plans to also integrate... and Kaaina is very active in looking at opportunities for integrating markers or historic signage in some of the areas as part of the project. I think that's important both because we are trying to create a sense of place for Uhu`e, as well as trying to provide people the opportunity to learn about this area that we hope will become revitalized with economic activity, as well as a vibrant commercial center for people to snake investments in. So one particular thing that Kaaina does have in mind is looking at highlighting and defending our assertion that we created the ice cream cone, so that is something that we want to integrate as part of the TIGER Project. But the project in and of itself does not impact, directly, any structures that are historic as far as we know. We are not removing any type of curbs that were ... like lava curbs that you see behind the museum. So most of the streetscape is going to be alterations of structures that are less than 50 years old. We are not looking at altering any buildings. And in terns of any, 1 guess, digging or trenching, we are not anticipating anything that is in an area that has not already been disturbed by previous construction activities, and at the depth that we are looking at digging, it, at most, will be 3 feet as we've disclosed in the APE. So again, this consultation is meant for us to talk story with you and snake you aware that the process is ongoing in terms of 106 Consultation and that we would appreciate your assistance in providing us any inforination or any other type of concerns that can help us put together a mitigation... proper mitigation measures in order to meet the compliance standards pursuant to the National Enviromnental Protection Act as well as the Section 106 requirements. So with that, Madam Chairperson, if you have any questions. Ms. Schneider: Commissioners, any questions? Stephen. Mr. Long: Madam Chair, on this topic, I'm recusing myself from discussion and voting, and you have a quorum. Ms. Schneider: Are there any other questions? Mr. Hull: Ultimately, because the 106 Process was initially brought to you folks about two, maybe three months ago with Lee Steinmetz, so Mike and Marisa are just here to follow up with you guys again. If there is ... I know there was discussion back when originally presented by Lee about whether or not the Commission as a whole wanted to draft comments to the 106 Process, or just to ... so those comments can be supportive, those comments can be critical or criticizing, they can November 17, 2016 KFIPRC Meeting Minutes Page 10 also be in opposition, say, if there are issues at band, or if there is no objection, you could essentially just receive it for the record. Ms. Schneider: Commissioners? Staff Planner Marisa Valenciano: I just also wanted to share that Lee reminded me to talk about the comments that you submitted back in April and May, and I think the comments relating to the listing of historic properties including the Civic Center. That was incorporated into the consultation letter. And then also the comment relating to xeriscaping. I think that's going to be incorporated in the design process. So just wanted to make sure that we acknowledged your comments and that we shared an update on that, so thank you. Ms. Schneider: Commissioners, no further comments? No recommendation? Mr. Hull: So, again, it would be a motion ... you have a motion in support of, or a motion with objections, or, again, a motion to receive. Ms. Schneider: Commissioners, do we have a motion? Ms. Nakea: I move that we support the resolution. Ms. Schneider: Do we have a second? Ms. Wichman: 1 second. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Any opposition? (None) Motion carries 7:0 (1 recused). Thank you. Mr. Dahilig: Thank you for your time. Mr. Hull: And I'll reiterate the other claims of Happy Birthday to the Director. I'm sure you'll be enjoying those drinks bigly tonight. (Laughter in background) Administrator Furfaro: Madam Chair, since you had a recusal, can I ask you to just state it was a 7:0 vote for the record? Ms. Schneider: 7 approval and 1 recused himself from voting. Thank you. Administrator Furfaro: Thank you. UNFINISHED BUSINESS Re: National Historic Preservation Act, Section 106 and Hawaii Revised Statutes, Chapter 6E, Memorandum of Agreement Discussion November 17, 2016 KHPRC Meeting Minutes Page I I Hanapepe Bridge Replacement Project, Project No. HI STP SR50(1) Waimea District, Kauai Island, K61oa Ahupua`a TMK: [4] 1-9-007: 001 Hanapepe Canal, [4] 1-9-007:013, [4] 1-9-007:034, [4] 1-9-007 Kaumuali`i Highway Right -of -Way, [4] 1-9-010:015, [4] 1-9-010:014, [4] 1-9-010:046, [4] 1-9-010:050, [4] 1-9-010 Kaumuali`i Highway Right-of-way Mr. Hull: The next agenda item is Agenda Item G.1., the National Historic Preservation Act, Section 106 and Hawaii Revised Statutes, Chapter 6E, Memorandum of Agreement Discussion, Hanapepe Bridge Replacement Project, Project No. HI STP SR50(1), Waimea District, Kauai Island, K61oa Ahupua`a, TMK: 1-9-007:001 Hanapepe Canal, 1-9-007:013, 1-9-007:034, 1-9-007 Kaumuali`i Highway Right -of -Way, 1-9-010:015, 1-9-010:014, 1-9-010:046, and 1-9-010:050. So the applicant for this agenda item has infonned us that they would not be able to attend. To refresh you folks' memory, this is the Hanapepe Bridge on the State Highway side that came before you folks at the last Kauai Historic Preservation Commission meeting, and there was a discussion or a request that this body sign on to a Memorandum of Agreement to the proceedings. One, there was ... for you folks to kind of think it over on your own and come back as to whether or not you would be interested in signing onto that Memorandum of Agreement, as well as Jodi was going to do some legal research as to if there are any legal concerns over it. So I'll turn it over to Jodi first. Ms. Higuchi Save tg lsa: Okay. So as you folks all know, Section 106 of the National Historic Preservation Act requires the Federal agencies to take into account the historic... well, their effect on historic properties on any particular undertaking or project, and then to allow an opportunity for the public as well as consulting parties to weigh in to that, and to weigh in how they should avoid and minimize or mitigate any impacts to those historic properties. So, really, the Memorandum of Agreement is sort of a means to memorialize the agreement of what exactly they are going to do to avoid and mitigate and minimize any impacts to those types of historic properties, so that's what the request is. It's a mechanism also specified within the Code of Federal Regulations, and so it's sort of...it's within the procedure delineated by the CFR. So as far as you folks are concerned, I think it is just a mechanism for you to formally weigh in and to evidence your agreement to their proposed mitigation by signing on to that Memorandum of Agreement. Within the MOA, there were a lot of details on the exact mitigation that they proposed and it details the project itself; the bridge replacement. So I read through theirs, and I hope that you folks read through them because, really, that's what you guys are agreeing to. For instance, they talked about their commitment to salvage the character -defining features of the Hanapepe River Bridge, and so they named out the Greek cross rail with lights and the bridge end post/monument. They are going to preserve, as best they can, the bridge name and date feature on the bridge, reduce the number of saw cuts through the construction, and stockpile and protect salvaged material throughout the construction with the intent to reincorporate those as part of the interpretive signage or kiosk area. They are proposing to provide... should you folks agree to be a party to the MOA, they will provide you folks a set of as -built drawings at the completion of the project and you folks will have thirty (30) days to comment and formally... formally comment on the proposed closeout memo, so it's sort of like a chance to comment on ... you know, did they do everything that they promised to do? Did they do things according to the design plans that were submitted? Those types of things. Ms. Schneider: So you would recommend us... November 17, 2016 KHPRC Meeting Minutes Page 12 Ms. Higuchi Sayegusa: So in general, I think it is a good mechanigm for you folks to weigh in on the process, and you folks will be wrapped in through the process going forward and given another opportunity to comment at the construction closeout. Mr. Hull: Jodi, for the Commission's clarification, would it be prudent to appoint a representative? Or ... because if it's the Commission as a whole, that would mean that they would have to hold all their meetings here per se, right? Ms. Higuchi Sayegusa: isa: So that part ... well, it ... yes, that's true. So I mean, it might be prudent for you folks to, maybe ... maybe that could be through a Pennitted Interaction Group or just to ... yeah. Ms. Schneider: Yeah, because it might be beyond all of our terns. Ms. Higuchi Sayegusa: Yeah. Ms. Schneider: When this takes place. Ms. Higuchi Sayegusa: Right. So maybe that's something we can do. We would have to agenda the fonning of a Permitted Interaction Group, but aside from that, I would say you folks should discuss whether you want to sign on to the agreement and perhaps Anne, as the Chair currently, you would be the person to actually sign off, but then we can, at a future date, discuss how we are going to start engaging with the Federal agency. Ms. Schneider: Larry. Mr. Chaffin Jr.: What liability are we accepting by doing this? Ms. Higuchi Sayegusa: By signing on to the agreement? Mr. Chaffin Jr.: Yes. Ms. Higuchi Sayegusa: None. It's really their project. It's a Federal project, State-owned Bridge, and they are approaching this body for our comments and suggestions on how to minimize, again, and any impacts to a historic property, and that's in pursuant to the purpose of this Commission. Really, the authority here is just to advise and to help the Federal agency in fiilfilling their historic preservation duties. Ms. Schneider: Commissioners, do I have a ... any discussion or a motion for this? Pat. Ms. Griffin: I was going to snake a motion. Do you want to discuss it after? Or do you want to have a comment or question? Mr. Long: (Inaudible) because I'm really unclear as to what we're signing on to or discussing. So last time, the engineers were here and they presented Hanapepe Bridge, and I went like this and talked a lot, and so I had a lot of comments. So I don't see them here today. They said they were November 17, 2016 KHPRC Meeting Minutes Page 13 going to come back at some other meeting and talk to us about those design issues, which I provided them a sketch of upon their leaving the meeting. So do we have any more opportunity to input into the design of those end caps and the bridge? And what are we signing on to today? Mr. Hull: Well, the ... when the applicant was here, they did attest to the fact that they could come back. Excuse me. When the applicant was here at the last meeting, they did attest to the fact that they could come back. I don't think they realized the meeting would be this soon and that was adjusted because, essentially, the next meeting falls on Thanksgiving. So they informed us that they could not come back. Now, as far as opportunity to discuss with them at a later date is kind of incumbent upon them whether or not they want to return because they have presented it before you folks. It seems like they do want to return though. They sincerely appeared to want to return. What they are also submitting to you folks is to also say throughout the entire process, you are essentially... there's a Memorandum of Agreement that either this body as a whole or a representative or a group of representatives will be engaging in the process as they finalize their designs. So it's kind of like they do seem like they want to come back, but also what's on the table is for this body to be a part of those discussions even after they're done presenting here. Ms. Higuchi Sayefusa: And again, under the MOA, the wording is that the Federal Highways Administration will salvage the character -defining features of the bridge including... and it named the items that I mentioned, but I think, as a whole, that's the commitment. So to an extent, they have come here, they received your comments, you know, it's up to them to incorporate that, and by being a party to the agreement, you know, that ensures that they will wrap you in in the process going forward. Ms. Arinaga: I have a question. Is there a timeline? Are they asking to sign on by a specific date? Ms. Higuchi Save usa: I'm not sure. I'm not sure the exact timeline. It just note that, you know, Federal Highways, State Historic Preservation Officer, State DOT, Historic Hawaii Foundation are all signed off. The last one was on October 01i, so we have yet to sign. Ms. Wichman: Excuse me. In my notes I see that they are going to start with the temporary bridge in late January. So it might be ... and since we're not going to have a meeting... Ms. Schneider: Yeah, we might need to act on it. Mr. Hull: Yeah, and I think ... excuse me. (Inaudible) If I recall, when the applicant was here before you folks at the last meeting, was that they hoped that you guys could sign on as soon as possible. They still have to keep the project moving, and if you guys sign on at a later date, then you would just be folded into the project. But they seem to attest to the fact that the sooner the better because they have to keep the project moving. Ms. Schneider: Pat, did you want to speak? Stephen. Mr. Long: I make a motion that we accept the MOA and sign on to cooperating and working with the governmental agency with the PIG that we establish today. November 17, 2016 KHPRC Meeting Minutes Page 14 Ms. Wiclunan: I second. Ms. Higuchi Sayegusa: Sorry, just to amend that, or to clarify. We would have to agenda ... put on the agenda in a fiiture meeting the formation of it. Mr. Long: Excuse me. Thank you. With the selection of a PIG placed on the agenda for our next meeting. Ms. Higuchi Sayegusa: Okay. So can we ... maybe we can just clarify in two (2)...one (1) first and then we can follow up later with another motion; just to clarify. Mr. Long: Okay. I'd like to make two (2) motions. One... Ms. Higuchi Sayegusa: Or maybe one at a time. Sorry to interject. (Laughter) Mr. Long: I move that we accept the MOA as requested and that we continue to interface with the governmental agency with a selected PIG from this Commission. Ms. Schneider: The PIG has to be (inaudible). Ms. Higuchi Sayegusa: isa: Yeah, so maybe ... I apologize. Maybe we can just take it in two (2) actions; first, let's focus on whether or not we want to sign on to the MOA, and then once that's completed, then we can talk about putting on the next agenda the formation of the PIG. Ms. Schneider: Pat. Ms. Griffin: I would like to rescue. (Laughter in background) I move that the KHPRC does sign the MOA to become a party to this process. Ms. Arinaga: I second. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Anybody opposed? (None) Motion passes 8:0. Now we can have the second... Ms. Griffin: I move that how we contribute in the discussions ongoing, whether it's a PIG or one (1) person, be agendized for the next meeting. Ms. Schneider: Do we have a second? Ms. Wichman: Second. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Anybody opposed? (None) Motion passes 8:0. November 17, 2016 KHPRC Meeting Minutes Page 15 Ms. Higuchi Sayegusa: isa: Sorry, one more clarification. (Laughter) So sorry. We just need to clarify who's going to be signing on behalf of the Commission, the MOA. Mr. Hull: Wouldn't it be the Chair? Ms. Griffin: Does that need a motion? Because normally the Chair... Ms. Higuchi Sayegusa: Okay. Ms. Schneider: I'll sign. Ms. Higuchi Sayegusa: Okay. Re: Presentation by the Planning Department Regarding Overview of the General Plan Process and Schedule Moving Forward, and a Review of the Draft Heritage Resources Map. Mr. Hull: The next agenda item is G.2., presentation by the Planning Department regarding overview of the General Plan process and schedule moving forward, and a review of the Draft Heritage Resources Map. And our planner today is Lea. (Laughter) Mr. Chaffin Jr.: Is this in reference to this General... Mr. Hull: No, those are the rules; that's the next one. So this presentation ... Lea came to you folks at the last Kauai Historic Preservation Commission to present on the ongoing process that the Department is doing to update the General Plan. She presented a fairly thorough slideshow to you folks concerning the policies and the vision statement and the approaches that the General Plan was taking, and I know that some of you guys wanted to have some time to digest those policies. Since that time, we have also gone public with the first discussion draft for the General Plan. It is online at kauaiplan.com. Is that right? Kauaiplan? Ms. Schneider: Yes. Mr. Hull: Kauaiplan.com, and you can download all 300 and some odd pages of it in its entirety. There is a CliffsNotes version, so to speak, that kind of condenses it down for you folks. But there was discussion ... the policies were presented to you at the last meeting, so I think Lea's just coming back here to see if you folks have any input on the plan. She has a brief presentation, I believe. Staff Planner Leanora Kaiaokamalie: Good afternoon. Thank you for having me back. Lea Kaiaokamalie for the record. Actually, Kaaina gave, like, half the presentation I was going to give to you guys this afternoon. (Laughter in background) Thank you so much. I was here at your October 28t1i meeting. As Kaaina said, I provided an overview of, not just what the General Plan is about, but what we've done to date. Just wanted to let you know, in your packet, the presentation from the last meeting is part of that; just so that you can refer back to it or refresh yourself on what we spoke about. Also provided for you the last time, just a brief handout on the draft policies that November 17, 2016 KHPRC Meeting Minutes Page 16 we are reviewing right now. What you have today actually is ... not ... slightly updated. The last time I was here there was some discussion on strengthening the policies and the actions, and I had mentioned that, you know, there were comments; just, you know, beyond Commissioner Griffin's, even, that historic preservation is not ... doesn't really have a strong presence in the policy portion of the General Plan as -is. So what -I have provided for you today, it says Version 2 November 16°i where that pretty red star is ... lined with green — it's almost Christmas — is. I just provided some suggested language in red for consideration. I did not try to delete anything; just, you know, some ideas on where you could potentially stick historic preservation, protection, and such in there. There may be a need to add policy; I'm not sure. I didn't want to go that far with it, but leave it in your capable hands as you guys are the experts in this. Also, you have another handout. It's Version 2 of the handout I provided on the 28t1i, and these are the actions that were pulled out of the draft plan relating to your role; historic preservation. So what I did in red under there is suggest some additions as well, and this is in reference to, again, having been lucky to attend the CAMP Workshop and understanding that developing guidelines, maintaining inventories, and seeking funding was something that was suggested and something I believe this group wanted to move forward. So the language I provided ... or the additional actions are relating to that. Just real briefly, under Historic Buildings and Structures for Plans and Studies, allocate funding to update and expand inventory of historic properties and resources. Ms. Nakea left the meeting at 3:43 p.m. Ms. Kaiaokainalie: Also, adding one (1) more, develop historic preservation guidelines for town centers as part of community plans or town center plans, and that came about because this General Plan is really looking at form -based code and forin-based code — we can get into this, of course, later on — but it looks at design and trying to keep within the character of the town, of course, but there might be other specifications for density or allowances of the building that may be above what currently is allowed in those areas. So maybe Kaaina can explain this better, but, you know, I believe that some of...or that historic preservation guidelines should really be embedded into the review process for the structures themselves versus maybe being separate, and the Community Plan process or Town Center Update process might be a good opportunity to do that for each of the towns since they have their own characters. The next one, under Partnerships and Programs, support the Historic Preservation Commission's efforts to actively seek funding through grants and other sources for preservation, restoration, and revitalization purposes. Again, these are just suggestions; just trying to look at places where we could put that language in. On the next page there's nothing, but I just wanted to highlight in green that there was a direct reference to this Commission to educate landowners about historic preservation and review. The next handout, and this is the last handout, so I was encouraged by Myles at the last meeting and I can't remember whether or not he brought it up on the floor or whispered in my ear, but he had said that the 1984 General Plan — and this is this handout I'm referring to — which, basically, was repealed when the 2000 General Plan was adopted, did make some references to things that might be of historic preservation that we might look to including in this General Plan Update in some fashion. I just didn't know whether or not it fits or not right now. So, you know, Kaaina might have to ... and Jodi might have to look at this, but this is from Page 74-75 in the '84 Plan. It actually says '82 on the cover, and I was a little confused about that. It talks about inventory of resources and inventory classifications to basically develop a County Register of Significant Historic, Archaeologic, and November 17, 2016 KHPRC Meeting Minutes Page 17 Cultural Resources Inventory. Right now I think the Heritage Map within the General Plan plays that role, somewhat, but this could be something that is referred to in the General Plan or something even separately that the preservation might want to snake a little bit more pa`a; codified in some way or another. Ms. Nakea returned to the meeting at 3:47 p.m. Ms. Kaiaokamalie: That's what I have today for you, and as Kaaina said, we did go through four (4) of our open house meetings with the public. Those were well -attended and we have oodles of comments now to organize and incorporate into the draft. Thank you. Ms. Scluleider: Thank you very much. Any questions, Commissioners? Mr. Hull: And I'll just clarify for that last handout that Lea provided. So this was a stated policy in the '84 General Plan, and when the 2000 General Plan was adopted, it was actually... removed this statement essentially. Now, the County does maintain an inventory, but as far as like, say, the Heritage Resource Map, which is currently in the 2000 General Plan, it identifies only, say, the State and Nationally registered sites. It doesn't go further into the inventory that we have. So by bringing this back, it doesn't guarantee, but it allows for a possible venue of having more of the resources listed in the General Plan Resource Map. Ms. Kaiaokamalie: Some direction and maybe some way to also say it's in here, so go seek funding for those specific purposes. Ms. Schneider: Commissioners, any questions? Ms. Griffin: Can we have discussion? Ms. Schneider: Any discussion? Ms. Griffin: I'm so sorry I missed your presentation last month. I know it was excellent. So a result is I'm talking a little bit blind. I do appreciate the... on the draft policies, some of the changes you've made. I am a Social Historian and so when I read this in No. 3, "Kaua`i's towns and planning districts are distinct, each with its own history, character, opportunities..." That's great that you put in "history", but from my perspective, it's ... like I think in terms of Hanapepe was ... there was a major development, first, by the Chinese on one side of the river and then by the Japanese over time, and those distinctions are still today and these were what they were growing. It doesn't speak to me of property, structure, historic preservation. Ms. Kaiaokamalie: I think this is a great time to respond. These are only suggestions. They have not been incorporated anywhere else. We, basically, are looking to you for the language. Ms. Griffin: Right. November 17, 2016 KHPRC Meeting Minutes Page 18 Ms. Kaiaokamalie: We want the ... I don't know what that language is going to look like. I could be very fluffy about it because that's not my expertise, nor probably my team's, so anything that strengthens it would be very appreciated. Ms. Griffin: Understood. And I think that's an excellent addition, but within the policies somewhere. And (No.) 10 is good, too, on revitalization of our historic towns because they are different and Kaua`i... going back to the 1960, sort of, General Plan they did in three (3) pieces, Kauai has always talked in terms of towns with their unique character separated by open space, so talking about the historic town is good. Where I would suggest adding "structures" is under (No.) 17 where it's possible to ... where ... as treasured places to be able to talk about access to shoreline... that may not be the place. Somewhere being able to put "and preservation of our historic structures"; not simply "historic character". Ms. Kaiaokamalie: I see where you're looking at. I had a hard time, too, finding, with the policies that we currently have, where "structures" would fit. I don't know if that warrants another policy in here, or maybe it fits under housing, which is why, you know, I was like okay, I'm going to go to the Commission and ask them where it might be appropriate. Ms. Griffin: Yeah. I think it's possible under (No.) 3. You have history, character, opportunities, and needs, but somewhere in there being able to add "structures", you know, which isn't limited to residence, commercial, industrial, but includes things like roads and bridges, and ... you know, I think in terns of Haleko Road, which is very historic, and we tend to overlook those byways. So historic structures somewhere in here where it best fits talking about our unique identity. It should include the actual things that ... if we lose them. Because you have in here under, I think, (No.) 16 and 17, and you talk about our really treasured cultural sites, and the historic sites should also be there; somewhere. Ms. Schneider: Thank you, Pat. Ms. Kaiaokamalie: Thank you. Ms. Schneider: Anybody else? Stephen. Mr. Long: Just picking up on what Pat said, I think her concerns could be included in Item 3 if it were expanded. And, again, following up on (No.) 17, "places" as a word to me seems a little shy because we're talking about something that's the most important thing about Kauai, and that was social, cultural, archaeological, architectural, heritage... Ms. Kaiaokamalie: 17? Mr. Long: Huh? Ms. Kaiaokamalie: On No. 17? November 17, 2016 KHPRC Meeting Minutes Page 19 Mr. Long: 17, yes. So "places" is a really light word, so there might be, like, at least three (3) or four (4) other words that could just be strung on there that would incorporate... - - Ms. Kaiaokamalie: I think the hesitation here for us at this point is that the word "access" is the most important part of this, and so when I first looked at it, I was adding to this one, too, and then I deleted it thinking whoa, do we really want all these places to be easily accessed? But there might be other words like you said that would follow "places". Mr. Long: Thank you for clarifying that. I see that "access" is the primary component of (No.) 17. So maybe ... I hate to disrupt your ... even (No.) 20, but maybe there'd be another Item 21 that specifically covers that. Ms. Kaiaokamalie: Its catchy, 21, right? Ms. Griffin: Yeah. (Laughter) Mr. Long: 21's a good number. (Laughter in background) Ms. Kaiaokamalie: P21, 2035. Mr. Long: Because it's really not approached in a comprehensive way. Ms. Nakea: Another way to go about it — I'm not sure — is when ... like, for example, No. 5 or other items where you're talking about building things, you know, add in a line; something like "while protecting and preserving historic sites or buildings." I mean, that's always like a tag that goes in along with any suggestion of building or growing; just always add that in — "while protecting historic buildings." Ms. Kaiaokamalie: Thank you. I was looking at that one, too. It's almost a line that you could add to, like, all of the policies in a way, huh? Ms. Schneider: Kalei. Ms. Arinaga: Hi. Thank you. I'd like to piggyback on you, Detri, because when you look at (No.) 16 and you speak of Native Hawaiian rights and wahi papa, wahi pana is a sense of place or special places, so I would like to see that as a category by itself. Because if you look at ... I think you just...we looked at (No.) 3 and somehow you can look at wahi pana as being integrated with the identity of Kaua`i's towns and districts, so in every town and every district, there is wahi pana. So a suggestion may be to add "wahi pana" to No. 3. Ms. Kaiaokamalie: Thank you. Ms. Arinaga: So if you're going to talk about individual towns/commmunities, individual towns and communities have their own wahi pana. November 17, 2016 KHPRC Meeting Minutes Page 20 Ms. Kaiaokamalie: Right. Ms. Arinaga: Okay. Ms. Kaiaokamalie: Thank you. Ms. Arinaga: Thanks. Ms. Schneider: Anything else, Commissioners? Thank you, Lea. Ms. Kaiaokamalie: Thank you. Ms. Arinaga: Thank you. Mr. Hull: For agenda keeping, (inaudible), so to speak, you have to take some sort of action on the agenda item. Now, I think the comments that you folks just gave were absolutely exactly what the Department was looking for, and we can take that and wholeheartedly and sincerely look at where we can make those amendments. I think there was agreement, at least coming out of the discussion draft, that it was a little weak on the historic preservation side, so I think those comments will be definitely taken to heart. Now concerning the agenda item, if you want to officially take action with those statements that can be done. It can be fairly confusing. I don't think...quite frankly I'll say I don't think it's necessary for our department to incorporate them, but if you want to, you can do that. The other option is just a motion to receive the agenda item and move on to the next agenda item. Ms. Schneider: Commissioners? Ms. Griffin: I have a question. Ms. Schneider: Go ahead, Pat. Ms. Griffin: Are we not looking, also, at the Section VII, the draft actions of the Heritage Resources? Mr. Hull: Yeah, definitely. Ms. Griffin: That's part of this discussion? Mr. Hull: That's also part of the ... yes, definitely. Ms. Griffin: Do you want one (1) final motion? Or will we take them separately? Mr. Hull: I think it's at the discretion of the Commission. Like I was saying, if you guys want to go and further discuss with Lea the other ... the action items as well as that final attachment, by all means, we'd like that discussion to happen. It ultimately depends on how you folks intend to make November 17, 2016 KHPRC Meeting Minutes Page 21 the motion. If you intend to make a motion that encompasses all the statements that were just stated, you can and then we'll take that officially in a letter fonnat. Or I said again ... or you can, in all honesty, make a motion to receive and it will have the same effect that your comments are having to our department right now quite honestly. Ms. Griffin: Madam Chair, may we ask Lea to come back and talk about these other actions because I do have a question? Ms. Schneider: Sure. Lea. Ms. Griffin: Again, I do miss that I missed your presentation. I had a question on this when I was reading through it; on A., Historic Buildings and Structures. B, underneath that, says "support renovation of historic structures through building code amendments" and I'm not sure what the Planning Department is looking to do there. Ms. Kaiaokamalie: So the actions are a culmination of input, raw, from the community and other places. So this is really, truly a public draft and not the Department's draft at this point. So if it does not snake sense to you, it cannot possibly snake sense to anybody else. Support renovation of historic structures (through) building code amendments could be, maybe, looking at the current rules relating to it. Mr. Hull: I can actually (inaudible). I was (inaudible) remember having this discussion when the draft was coming out. Some of that can be seen, like, if...like the Open Space Commission. The Open Space Commission is a Commission that has been deeded a certain amount of ... or allocated a certain amount of funds for the purposes of acquisition for open space and recreation purposes. The ability to, say, go after monies or look at the possibility of having allocation of monies from Council that are specifically for preservation purposes... Ms. Kaiaokamalie: You said "b", right? Ms. Griffin: B. Ms. Kaiaokamalie: Yeah. Ms. Griffin: A.l.b. Ms. Kaiaokamalie: Not C. Mr. Hull: Oh, sorry. Ms. Kaiaokamalie: That's why. Mr. Hull: Sorry. I was on 3.b. Oh, sorry. A. Lb. Oh, I see. November 17, 2016 KHPRC Meeting Minutes Page 22 Ms. Griffin: My confusion in building code amendments..."renovation" is not a preservation term. "Renovation" means, you know, I'm renovating my house and these old windows, these double - hung things, are really getting (inaudible), so I am going to change them all out for picture, you know, plate glass. So if you're looking for that, if the County and whatever is looking to just revitalize in many ways, then "renovation" might work. But if we're looking at preservation, we need to look at the three (3) terns that are most used — preservation, rehabilitation, restoration. Ms. Kaiaokamalie: Thank you. You speaking ... my mind started spinning. I remember where these conversations came up was in regard to interior upgrades of historic homes. So I think, as you're pointing out, this is a little general because it could also mean the building itself, so perhaps we can look to incorporating rehabilitation and being more specific with ... on ... I don't know because this is a General Plan and we don't want to get so specific. Mr. Hull: I think what Commissioner Griffin is getting at is that the term "renovation" is often used to go over preservation or rehabilitation, and the whole purpose of this section is for the preservation of structures, so in order to make clarity, we can incorporate those very specific terns instead of "renovation". Ms. Kaiaokamalie: Preservation, rehabilitation, and restoration. Ms. Griffin: Yes. That would be helpful because even on the interior, you know, one can be more forgiving in a historic structure of a kitchen redo than a cathedral ceiling or something. Ms. Kaiaokamalie: Right. Okay. Ms. Griffin: So that would ... if that's what was meant, that would be helpful. Mr. Hull: That was the intent. Ms. Kaiaokamalie: Okay, thank you. That's great. Is there anymore? Ms. Arinaga: I have a question. So based on the suggestions that we're giving today, what's your next steps? Ms. Kaiaokamalie: Well, we definitely need to bring this together as a group with all the different comments, but this is so helpfiil because it's corning from the Commission. So how we do it is identify the page, put it in a matrix basically, and provide the rationale for it, and that stands, really, with things that are coming from the other commissions and the agencies, and make those changes accordingly for the Planning Department draft. Mr. Hull: Yeah, I can say ... we can't guarantee that every single comment that's stated here today is going to be incorporated into it. I can say, of the comments that I've heard, there's nothing glaring that we would have any objections to. Ultimately, we have to meet as a group. There are a lot of people involved in this process, just within the Department, and to try and massage the language. I can say we're going to massage this language as much as we can to get your comments November 17, 2016 KHPRC Meeting Minutes Page 23 incorporated and I'm fairly certain much of these comments are going to be incorporated in. Ultimately, this is considered the comment period on the discussion draft. Our final departmental draft, we anticipate having complete in January and moving it to the Planning Commission at which time I think this body still has additional time to further comment on it if you want us to come back as a department to kind of have this somewhat discussion atmosphere or if you want to specifically issue a letter to the Planning Commission and/or the County Council referring to further changes that need to be made. Ms. Kaiaokamalie: Yes. It's not over yet. Thank you. Ms. Wichman: Can I ask a question, please? Ms. Schneider: Sure. Ms. Wichman: What is the last date for comments for the public? Mr. Hull: Officially, for this discussion draft, is December 2"d, but that's not to say that comments from this body or the public can't be incorporated at a fixture date. We're setting that frrrn deadline to keep the process moving. Like I said, if your folks' desire is to come back after December 2"d or, say, after our final ... our departmental draft is done and submitted to the Planning Commission, we definitely can. And at that time, like I said, we can have this discussion fonnat, as well as you can have an official letter of recommendations above and beyond what is taken into account today. Ms. Kaiaokamalie: One of the challenges with such a large document that has so many different cross -sector topics is for Staff to be able to ensure that what was put forward to be changed in the draft actually happens in the next draft. So that's something that, you know, your comments and the way that we're trying to present it to the folks that are actually editing it is helpful; matrix, page number, go through with the Department, go through with the agencies, and then send it forward and ensuring that that is captured in the next draft. That's the process that we're using right now. Mr. Hull: And above and beyond that, as Lea mentioned, we did do the community outreach with the four (4) different... which this body was looking at being a part of. There was a robust arnount of comments that were received and we're still going through those, as well as comments are still being submitted online, and I can guarantee that there were some historic preservation corn ments submitted at those outreach meetings; in particular because at least two (2) people vocalized them to me before writing them in the comment box. (Laughter in background) So we'll be going through those comments as well and seeing where we need to make other tweaks and adjustments in addition to the comments that have been stated here. Ms. Kaiaokamalie: And then we're also inviting our agency partners that have been participating through this process to individual meetings to go over their sections, and we have a special open house for them coming up on the 23rd so that they can talk to each other and talk to us and submit comments. November 17, 2016 KHPRC Meeting Minutes Page 24 Mr. Hull: I didn't mean to cut you guys off. I don't know if you guys are still discussing the Heritage Resource section. By all means, we still want your comments if you have more. Ms. Schneider: Anybody else? So do we have a motion? Mr. Hull: So to go back to the motion, like I said, if you folks want to make a motion to all the comments that were said, that can be done; I know that can be a little confusing. The Department, if you trust us enough, we're fine with a motion to receive and to take these comments you've said in much more of a discussion format and looking at incorporating what we can into the departmental draft. Ms. Griffin: I move to receive this document understanding that the Department will be reviewing and hopefiilly incorporating our comments today. Ms. Arinaga: Second. Ms. Schneider: Any discussion? Mr. Hull: Thank you, Pat. I know those motions to receive aren't easy for you. (Laughter in background) Ms. Schneider: All in favor? (Unanimous voice vote) Anybody opposed? (None) Motion passes 8:0. Thank you, Lea. Re: Proposed draft Rules of Practice and Procedure of the County of Kauai Historic Preservation Review Commission. Mr. Hull: The next agenda item is G.3., proposed draft Rules of Practice and Procedure of the County of Kauai Historic Preservation Review Commission. So as previously discussed, this is one of the few — maybe only — commissions that actually doesn't have administrative rules on how meetings are conducted. We have used, somewhat in a de facto sense, the Robert's Rules of Order, but you folks don't have actual rules. So you received a draft set of rules at the last commission meeting, which are wholly parliamentary in nature; just over the conduct of how meetings are conducted. So we're here to see if you guys have any additional comments on these. We are ultimately hoping to get ... after you guys have approved it, move it up to the Small Business Regulatory Review Board, which is a requirement for any adoption of administrative rules. So not until you guys are fully okay with the draft, will Jodi and I submit it to that State Board for their review and action. Ms. Schneider: Commissioners, any discussion? Questions? Pat. Ms. Griffin: I have a couple of questions on Page 2, Chapter 2, 1-2-1. It says that at the September meeting, the Commission shall elect a Chairperson and a Vice -Chair, and that hasn't been our standard. Is that a change? November 17, 2016 KHPRC Meeting Minutes Page 25 Mr. Hull: Actually, that's a good catch. Thank you, Commissioner. That is because I believe this was drafted off of Open Space's regulatory rules which originally had it in September, but they have since been amended to January. Ms. Griffin: Okay. May I go on, Chair? Ms. Schneider: Go ahead. Ms. Griffin: 1-2-9 on the two (2) kinds of Committees. Are we not including PIGS because that is in the Charter or in some other place that it doesn't need to be part of our rules? Because we've been PIG'ing out. (Laughter in background) Ms. Higuchi Sam usa: Right. I don't think this would foreclose the PIG though. I mean, that's provided for under HRS 92. But, I mean, I guess it might not ... it wouldn't hurt to maybe amend this section, also, to snake that clear so it's not ambiguous between the two. Ms. Griffin: Okay, because we really haven't had Select Committees, you know? Also, on ... you know, I know somebody will go through with the fine-tooth comb on the few misspellings or things, but one that jumped out to me was under 1-2-14; viva voce instead of "voca". (Laughter in background) Just a comment. And there was one that I just did not understand exactly and that was 1-2-20(e). I just didn't understand that as I was reading it, so I was hoping you could clarify it for me. Is the person and the member the same? On the first line. Ms. Higuchi Sayegusa: I would interpret the member to be the person who's calling to order another person. So, whenever a person shall be called to order while speaking, the member ... I would say that's the person calling to order that other person. (Laughter) It sounds very confusing. So that member should be in possession of the floor when discussing the call to order. (Laughter) Does that make sense? So if somebody is calling to order somebody else, then that person should be able to have the floor while discussing whether or not... Mr. Hull: I think it's in reference, also, to ... it's in conjunction with 1-2-20(d) above where it's referring to the Chair calling a member into order. So then it's...off of that, it's referencing should the Chair call a person to order, whenever that person is called to order while speaking, the member shall be deemed ... that person shall be deemed in possession of the floor. It's a very rare occasion. (Laughter) Ms. Schneider: Any other questions? Mr. Hull: We're so lucky we don't have those types of partisanships that require... (Laughter) Ms. Griffin: That's why there are so many jokes about lawyers. (Laughter in background) Mr. Chaffin Jr.: I have two (2) questions. Should it define who is on the Commission? Number of people and the length of time on the Commission? November 17, 2016 KHPRC Meeting Minutes Page 26 Mr. Hull: That's actually by ordinance. So under the Historic Preservation Ordinance Kauai adopted, it sets out the number sitting on the Commission as well as their tern limits. So in -order to alter that, we'd actually have to do a legislative amendment at the County Council. Now, if that's something that this body wants to entertain, we can definitely take that up at a later meeting, but it's just ... we just can't go above and beyond what the ordinance allows. Ms. Schneider: Does that answer your question, Larry? Mr. Chaffin Jr.: No. (Laughter) Ms. Higuchi Sayegusa: It's already governed by way of...it's already specified and governed by ordinance. So these rules are kind of more meant to govern the procedures of the meetings; how we engage in discussion and... Mr. Hull: So to be clear, the way it's set up is that the Comprehensive Zoning Ordinance and the Kauai Historic Preservation Ordinance sets the parameters under once this Commission is formed; nine (9) members, it's teens of service — each member — and then the priorities and goals that this Commission serves, i.e. historic preservation. And then it just sets that and this body was fonned and we interact for historic preservation purposes. What you have before you are administrative riles on the conduct of this Commission during its meetings, essentially, which is not adopted by legislation. You folks just adopt it yourselves and it becomes the rules on how meetings are essentially conducted. But it cannot ... an administrative rule cannot amend or go above and beyond or change a legislative requirement. Right now, a legislative requirement is the tenn of service and the fact that this Board has nine (9) members. And like I said, if it's your interest in amending that ordinance so that it's less or more members or the terns of service are changed, the Department can initiate that type of amendment, but that just ultimately goes before you folks and then ultimately up to the County Council. Mr. Chaffin Jr.: I'm not interested in amending it. I'm just saying that when this talks about the provisions, it would be helpful — in my opinion — to put it who is on the Commission and the length of time. Mr. Hull: Oh, just to have it (inaudible)? Okay. Mr. Chaffin Jr.: Restating what's already in some other document. Mr. Hull: Okay. I don't think that's a bad idea. We can include that. Mr. Chaffin Jr.: Thank you. Ms. Higuchi Sayegusa: I guess the only concern may be, like, if there's... well, we'd have to amend both, you know, so I mean, maybe we could refer to the ordinance? And, you know, if there's an ordinance change at the Council level, we wouldn't have to go through another rule - making amendment process to snake it consistent with the ordinance. November 17, 2016 KHPRC Meeting Minutes Page 27 Mr. Chaffin Jr.: I still stand on my comment. Ms. Higuchi Sayegusa: Okay. Mr. Chaffin Jr.: It's not clear how many Commission members and the length of time, and I think it could be stated that refers to that document. Administrator Furfaro: Mr. Chaffin, if you have other questions in particular with that, I'll be glad to spend some one-on-one time with you. Mr. Chaffin Jr.: Yeah. Ms. Schneider: Thank you. So Commissioners, do we have a motion? Mr. Hull: If there's no other further comments, the Department would actually request a motion to defer so that we can get those amendments that were discussed here on the floor to you folks, and then you guys can take action on those amendments, and ultimately, we can, thereafter, take it to the Small Business Regulatory Review Board. Ms. Schneider: Commissioners, do we have a motion? Ms. Wichman: I move that we defer the proposed draft Rules of Practice and Procedure for the Kauai Historic Preservation Review Commission until our next meeting so the County Planning Department can make the adjustments or include our comments from this meeting. Ms. Schneider: Do we have a second? Ms. Nakea: Second. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Anybody opposed? (None) Motion passes 8:0. Re: Discussion on the status of the Certified Local Government. Mr. Hull: The next agenda item is discussion on the status of the Certified Local Government. SHPD is not here today. The only update that I have from them concerning CLG is that the National Park Service has approved the 2016 funding, so now we can actually go through the process of whether or not our application that is currently before them is going to be approved or not. So they had ... I think previously Anna folks had stated that the application did meet the standards of acceptance, but whether or not it would be reviewed against the monies was going to be determined on when the National Park Service approved the monies. So the monies have been approved and we are officially being reviewed for our application for the nomination of the Hanapepe Bridge papers. Ms. Schneider: That's wonderful. November 17, 2016 KHPRC Mecting Minutes Page 28 Ms. Arinaga: That's great. Mr. Hull: And there's no other discussion on that agenda item. NEW BUSINESS (Continued) Re: Kilauea Elementary School TMK: 5-2-009:006 2440 Kolo Road, Kilauea, Kauai Renovation of Building B. Mr. Hull: The next agenda item is H.1., the Kilauea Elementary School, TMK: 5-2-009:006, 2440 Kolo Road, Kilauea, Kauai, renovation of Building B. I believe we have a PowerPoint presentation. Administrator Furfaro left the meeting at 4:21 p.m. Glenn Mason: Hi. Thanks for letting me come here today. Ms. Griffin: Glenn, can you identify yourself? Mr. Mason: Yeah. I'm Glenn Mason. I'm with Mason Architects, and we are the architects on this particular project. I'm going to give you a little bit of background on the project. We started working on this over two (2) years ago and we started with an initial study. We did meet on a very preliminary basis with SHPD just to kind of talk to them about approach. They have not ... they actually just got, I think last week, a submittal to review, so they are seeing it about the same time you guys are seeing it, and we've never made a presentation to theirs. We've just given them the drawings and explained a few things, so you're seeing it at about the same time they are. We have not, until now, fonnally had any review of the project, and part of that reason is that we were concerned that ... or I should say DOE was concerned that it would not get funded because our initial studies indicated that it was going to cost significantly more money to rehabilitate the building than they had budgeted. And, in fact, they bid it and it came in about 80% higher than they had originally estimated, but they found the money to do what we are talking about doing. So at that point, a decision was made to apply for a pennit, so that's why this is coming in kind of at the tail end of the two-year process. So, I'll give you a brief overview. The building that we're talking about is the smaller, red -roofed building toward the bottom of the picture; that's Building B. The U-shaped building just above it is Building A. Building A was the original building on this site in 1922. The cafeteria building, which is Building B, was built in 1940. Now, it's going to be hard for me to describe this without getting up, but that big rectangular building to the left of Building A, the U-shaped building, is their new cafeteria building, okay? When they built that building, they moved the cafeteria building; Building B that is currently there. Now, they also ... they moved it and they flipped it 180 degrees. So you see where that little white car is there and there's that roof, that roof used to November 17, 2016 KHPRC Meeting Minutes Page 29 be connected to where that little thing comes out of Building A. So just imagine the whole thing being flipped over and moved over, and they did that because they wanted to create a driveway through to get to the cafeteria building. I don't know why they flipped it. I wish they hadn't, but they did. I'm going to show you a couple of pictures, but this gives you kind of the overall background of how we got where we are. This move occurred in ... around 2004, and as a precondition to the move, I think there were two (2) things that happened. One is that there was a requirement from the County that there be HABS documentation, Historic American Building Survey documentation, done of the building that consisted of photos only, and that was done. I didn't actually discover this until very late in the project, and the County is the one that reminded me of that. The photos are actually very interesting and they're good to have. The second thing is that, you know, most times when you, you know, move a building, it loses its historic register importance, but everyone has acknowledged that this building needs to be saved and it needs to be rehabilitated. So that's kind of the background. This is a photo of the building before it was moved; one of the photos. And Building A is immediately to the right of this photo. So that connecting roof that you see that's lower still exists; that's that little tongue that comes off of Building A. But you can see there was a ramp that was constructed, there was ... you know, all sorts of other stuff that was constructed off the side. This is the back of the building. This was the side that faced away from Building A, so it was actually near the property line. And then the last photo ... no, well, I have one more historic photo which I'll get to. This is what the building looks like today. When they moved it, you can actually see the remnant of the old ramp on the left with the handrail, but they built an entirely new ramp and there was obviously no longer any reason to connect directly into that original roofed section. It's unfortunate because it's really close to the road at the corner, but we just have to deal with that. This is the current backside of the building. When this was moved, essentially all new ... a lot of new horizontal construction, all new posts, all new footings, you know, so that actually is in pretty good condition. This we're going to ... remember this picture because we're going to talk about this elevation a lot because this one is one that we're going to be ... we are changing some things on, and I'll get to that when we get there. So we did a pretty ... okay, this is a photo of that side of the building before it was moved; this is one of the other historic photos. And you can see they have concrete steps going to two (2) doors that actually led to toilet rooms, and those toilet rooms doubled as changing rooms when they had plays in there. This is a little washed out. I don't know why it's so washed out. This is the current plan of the building and ... man, I don't know why it's not that visible, but just to make ... I'm going to kind of orient you a little bit. On the left-hand end is the kitchen and it's separated from what used to be the cafeteria area by a set of windows and a serving counter. There's a storage area wing off of that and then at the other end was a stage raised 18 inches with toilet rooms that also functioned as changing rooms, and then that other addition on the upper right was a couple of steps down. It matched the floor level of the rest of the building. So that's essentially what's there now. Now, I'm showing this because this actually shows what is going to be demolished as part of this building. The goal is to have the exterior look, as much as possible, like the original, but we needed to eliminate the raised section of the building because of handicapped accessibility. This building is going to be converted to be used as the Administration headquarters. They are going to move out of Building A and they are going to use the spaces that the Principal's office and the November 17, 2016 KHPRC Mecting Minutes Pagc 30 Administrative office is in for other classrooms as opposed to building another classroom building, so this needed to be an accessible stricture. And this was an early scheme; we more or less followed this scheme, proposing what we wanted to do with the structure, okay? So the toilet rooms are still where they are now, but they are going to be 18 inches lower, and the ... so let me explain a couple of things about what we're doing. It's hard to point things out, but I will do them by direction. The main idea here is to try to maintain as much of the interior open space as possible and not close off very much, so what you see is a set of open desks. The Principal's office, which is that larger office, is enclosed, as well as the office adjacent to it. The other space is the printing area, snail room, etc. That is actually a low partition. And all of the walls that separate the main space from those two (2) private offices have windows at the top and that's partially because of cross - ventilation. There are only two (2) spaces in the building that are air-conditioned; one is the Principal's office and the other is that room that has the conference table in it. Everything else is naturally ventilated. And those two (2) rooms are done that way more for privacy reasons when they need to have a conservation that nobody else is supposed to be hearing. They needed those rooms to be able to be shutoff. So that's the basic concept. It moved the ramp from the front of the building — the public front of the building — to the backside of the building, but there are some other little changes. We'll get into that. I'll show you the drawings that we are currently working on later. This was the very first approach. This is the ... the old building is basically used as a giant storage room, or I would actually say junk room because half the stuff in it is garbage and they know that it's garbage, but this shows you the stage. This is the raised portion that we need to lower. Also, you can see on the right, this is actually ... I really think this is very cool. The window banks on both sides of the building have this sort of built -out wooden structure that actually, I think at one point, had shades ... they hung shades from it, but it's actually a very strong element in the room, so we really ... we are saving that. This is the cafeteria serving line, the former cafeteria serving line. This is another thing that we felt needed to be saved as much as possible. These windows and that door opening on the left are all being saved. We are snaking one of the windows into a door. And we are removing the counter, frankly, because it doesn't snake any sense, but we are keeping the wall where it is and preserving the windows. One thing that's wrong with the National Register form is it says this building is a double -wall building. It is not a double -wall building. It is a ... it's actually a modified single -wall building. It has posts at certain intervals; usually at the doors or the windows. But it's a single -wall building and that's actually very important in terns of, you know, having to deal with damage and other things. We wanted to ... we are turning much of the building into a double -wall building to hide all of the electrical and services, but this area here is actually going to be the entry to the building, and in this one, we are not double -walling. We wanted to show the stricture and show what ... you know, what the building looked like. So when people walk in, they'll be able to see the structure the way it was. There is damage that's going on in the ... one of the flatter roofed sections, and that's caused a lot of deterioration; rafters are bad. Otherwise, the roof structure is in, in my mind, remarkably good shape. There's ... you know, we've got a few things we need to repair, but it's in actually pretty good shape. What isn't in good shape is a lot of the siding. This is one of the things about this building, which actually is really not that uncommon on Kauai, but I think is relatively uncommon on the other islands, is all of these buildings are sand -finish painted. But they have — like here — patched in pieces and then repainted them. You can see the rot damage. The problem with a November 17, 2016 KHPRC Meeting Minutes Page 31 single -wall building is that when the boards are bad at the bottom, you basically don't have anything connecting the top and the bottom together. So this, even though it wasn't that, this is behind the new ramp. You can see the bottoms of all the boards are just completely rotted through. You can just push in ... actually, I must say I probably did that on some of these. You can just push in the bottoms of the boards, so we are having to replace a lot of boards and that means custom milling boards for thickness and custom milling all the battens because the battens are kind of an unusual shape. There's other deterioration, but by and large, the posts are pretty good. I mean, this one ... this is an old water heater closet that was appended to the building and, you know, we have to do some repairs there. But by and large, except for a couple of places where the rim beam is bad, the building's in pretty good shape. So this is a demolition drawing, okay? And what it's showing ... that darker part to the right — this is the front of the building — all of that siding needs to be replaced as well as the siding underneath the bank of windows that you see immediately to the left of it. All of that is completely shot. So the idea ... and this is one of the things that's kind of jacked up the price of the project is that we have to replace in kind and then they have to sand -finish to match the original. Anyway, so we've studied that, we dictated where they need to change things. The one area that we are snaking a significant change to is the bottom elevation on the left. We are removing those two (2) doors that went from the toilet rooms and we're just ... we are putting in ... we're just putting in siding. Originally, we put ... frankly, I put windows in there and they just looked dumb. You know, we put in 6-over-6 light, double -hung windows and they just looked ... they looked fake, and so we actually just eliminated those doors, but that was a significant internal debate about what to do about that. Mr. Chaffin Jr.: How is the cost figured on this? Mr. Mason: Well, it was actually bid. The actual.. -.you mean how was the cost originally figured? Or...? How did they come up with the current number? Mr. Chaffin Jr.: Yes. Mr. Mason: They bid it. They went out to bid because that was the only way that they could determine what the actual cost was going to be given the bidding climate. Mr. Chaffin Jr.: It seems like you're changing as you go along. Mr. Mason: No. No, I mean ... what do you mean? I'm not sure I know what you mean. Mr. Chaffin Jr.: When you've said you had some windows there and they didn't look right, so you... Mr. Mason: Oh, no. This is all part of the design process and trying to decide, you know, how do you handle that? I mean, those doors that you're looking at, at one point faced, literally, 180 degrees in the opposite direction and they weren't very visible to almost anyone. Now, they're essentially facing Kolo Road. So the question is what to do about them and we could've put November 17, 2016 KHPRC Meeting Minutes Page 32 windows in there to signify them. It made no sense to put those ... that concrete walkway into a toilet room, you know, at any rate. And it was at the ... the doors were at the wrong height, so there was a lot of things that didn't make sense, so one of the things that was decided was to eliminate them. They could be ... you know, one of the things that we like to do is signal what was there before, but it's hard to do in this particular case, and so we haven't really come up with the perfect solution. But the windows ... it seemed fake. It looked like that's the way it always was when it never was, so ... at any rate, you know; that's the debate. This is a civil engineering drawing, and I'm including that to give you a little bit better feeling for how this sort of fits with the site. You kind of have to ignore that dashed line that ... that's just the soil silt protection fence, but there's a couple of things that are very...that this kind of points out. One is that the primary entrance to the building, from the Principal's point of view, is not the front of the building. They're always going to be going to Building A, which is immediately across the street. So they're going to be entering from the playground side. There always was a door there on that side, but it was the backside of the building and never was developed to be a particularly important entrance. But that's where all the traffic comes from. When outsiders come to the site, they're going to probably come in the original entrance, and so we've eliminated the sort of circuitous walkway getting to the front and made a straight shot and added the stairs to be able to come in through the front doors. But we also had to add a covered entry off the backside, which is another change to the building. Ms. Hoomanawanui: Changing everything. Mr. Mason: And we moved the ramp to the backside because, again, that's where most of the activity is going to be. The other thing is ... and you won't see this, but that set of rectangular shapes near the ramp are a leech field because this site has ... none of the buildings have any ... there's no sewer system, so this had to have its own septic system. Okay, let's see here. Ms. Hoomanawanui: (Inaudible) Mr. Mason: Anyway, this is the current iteration of the plan. It's very similar to the original. One of the things that we did was we ... if anyone's familiar with Building A, when you walk into Building A, there are concrete steps with stone bulkheads on either side, and there used to be one similar to that off the front-end of this building, which shows in the HABS photography. We actually reconstructed that so that the steps would be concrete with stone because we're trying to recall and connect it better with Building A, and we needed to ... we didn't want to build wood steps because as their ramps currently prove, they just fall apart in no time. The ramp that they constructed when they moved this in 2004 is rotted to the point where it's starting to get dangerous and that's, you know, not very much time. So those are going to be concrete steps with stone bulkheads on either side. Otherwise, the plan is very similar to what was originally proposed. Ms. Hoomanawanui: No, it's not even similar. Mr. Mason: The air conditioning equipment is actually put in the attic and the condensers are being put underneath the building so that we can't see them and ... because quite honestly, what the November 17, 2016 KHPRC Meeting Minutes Page 33 DOE would've preferred was them outside with a chain -link fence around them, and we didn't want to do that with the building. It's kind of interesting that that addition on the upper right is very, very similar. It looks like an addition, it may be an addition, but it is built with the same siding and the same battens as the rest of the original building. The addition on the left is completely different. It's a tongue and groove single -wall building that, originally, that whole left side of that appendage just opened up as a set of big doors. I don't think it's operated like that for a long time. But it was definitely built at another time, but there's no record of when that was done. This is just indicating ... this is the existing roof plan. The only change is the addition of that small roof that is partly where the alarm is on the wall. Ms. Hoomanawanui: No look right. Mr. Mason: And the shaded area on the right is where we're having to replace rafters because they're rotted. Ms. Arinaga left the meeting at 4:47 p.m. Mr. Mason: Otherwise, the amount of change is very limited. There will be a new metal roof that matches the existing metal roof put on it, but I will say that the original building was probably wood shingle. And these are just elevations of what the building will end up looking like. We're saving as many windows as we can and those that we can't save are going to be duplicated exactly. I think with the exception of this south elevation and the addition of this roof over the...what's now going to be a primary entrance, we are preserving the building exactly as it was, or is. Ms. Arinaga returned to the meeting at 4:48 p.m. Mr. Mason: The addition on the left had awning windows in it. It now has jalousies in it. We are going to put awnings back in those windows, and we know that from looking very closely at the design. The windows...and you can barely see them, but the windows at the end of the right-hand addition are jalousies and they are going to stay jalousies because we have no evidence that they were anything but jalousies ever. The windows in that north elevation... you see the set of three (3) windows there, those are now jalousies and those are going to be awning window ... I mean, actually, hopper windows which match the original design of what used to be there, and we can tell that by looking at the details of the frame and whatnot. So we are going to take jalousies out in a couple of locations. We are leaving theirs in that one location because we don't have any evidence that there was anything else there. I think that's it. Now, the way the permitting process goes here, we submit everything electronically, but I brought a half-size set of drawings that I'm willing to leave if anybody wants them so that you can look at things over time. November 17, 2016 KHPRC Meeting Minutes Page 34 Ms. Hoomanawanui: No make sense to me. (Inaudible) Mr. Mason: But I brought a full set, including mechanical and electrical... yeah, but you probably only have a partial set because it doesn't look nearly thick enough. Ms. Wichman: There's a lot of pages in here. (Laughter in background) Mr. Hull: The mechanical and electrical wasn't included in the ... yeah. Mr. Mason: So with that, fire away. Ms. Schneider: Commissioners, any questions? Ms. Wichman: Madam Chair, I have a question, please, to Mr. Mason. Ms. Schneider: Sure. Ms. Wichman: Aloha. Mr. Mason: Hi. Ms. Wichman: I'm just wondering if you're considering this a restoration or a rebuild because most of the original materials are going to be taken away and replaced, right? Mr. Mason: No, actually not. Ms. Wichman: Well, all the siding because it's all rotted away. You're changing... Mr. Mason: Well, no, probably about 20% of the siding, I think, is going to be replaced. The roof stricture is in remarkably good shape. The floor structure, except for a couple of beams, is in really good shape. The flooring is not bad. We are going to save the one (1) interior wall, and all of the windows that are ... well, except for the ones that were converted to jalousies, are going to be either saved or duplicated exactly. So, no, I )Wean, this building is going to be ... it's going to look as original as it can look with the exception of the things that I was specifically pointing out that were the changes on the exterior, and that's that new entry. Ms. Wichman: Right. Mr. Mason: And what we're doing at that south end. I mean, the building had a ramp even when it was connected to Building A because it ... I mean, it has to. It has to be accessible. So it was really a question of do you put it on the backside of the building or (do) you put it on the front side of the building, and we put it on the backside of the building. It's actually... we're saving a lot of the building, but it's ... it needs a lot of stuff replaced and repaired; there's no question about that. Ms. Hoomanawanui: Kilauea School? November 17, 2016 KHPRC Meeting Minutes Page 35 Mr. Mason: Yes. Ms. Wiclunan: I know you've been restorations for a long time, and I know your company has been doing restorations for a very, very long time and so you're familiar with what it takes to keep the integrity for the register as well. Mr. Mason: Right. Ms. Wiclunan: So do you see this in any kind of conflict with being on the register for all the different changes that are being made? Mr. Mason: No, I mean, quite honestly, the biggest change — to me — is having to eliminate the stage, and that's an interior change, granted. And that's something that we discussed with SHPD because, you know, it needed to happen. We know that we can't snake the building accessible without doing that. And so the question is, then, how do we do ... can we do that and make it invisible on the exterior? And the answer is yeah, we can. So the siding, actually, comes down consistently all around the building, so we are essentially dropping that floor within the shell of the building. It means that we have to restructure that portion of the floor, which is about 20% of the building, but, I mean, it was the only way to accomplish that, and we are trying to accomplish that —well, we are accomplishing that without affecting the exterior appearance of the building. So I think that's really the key. I think it was moved kind of in an unfortunate way. It's a little too close to the road. I don't know why the orientation is the way it is. But, you know, it is what it is at this point, so the goal of our job is really to preserve it to the maximum extent possible and still make it a fiilly usable building. I mean, right now, the building is falling apart because it has no real use other than being a kind of a rough storage building, you know. Ms. Hoomanawanui: Not really. Mr. Mason: They just dump old furniture there that they no longer have any use for and, you know, there's stuff like that and it just ... it's not connected, it has no power, it has no water, no sewer, or anything, so it needs to be used. It needs to have a life. Ms. Wichman: Thank you. Ms. Schneider: Commissioners, anybody else? Mr. Long: I have two (2) questions. Are you keeping the arched opening over the stage? Mr. Mason: Nope. Mr. Long: I mean, you're moving the stage, but there's that nice arched opening there. Mr. Mason: Right. You know, one of our walls on the interior ... let me go back to the plan. Oh, no I can't. One of the ... one side we could do that because one of our walls is aligning almost perfectly with that and it would be possible to do that, but the other part goes right into the middle November 17, 2016 KHPRC Meeting Minutes Page 36 of the Principal's office, and so it would be really awkward to do that. And the floor would then be dropped and I would have to fake in, you know, a lower part of the wall where there wasn't a wall. So yeah, that's ... no, I mean, it just became really, really hard to do. Mr. Long: And my second question is could you tell us a little bit more about the unusual battens? Where the shape came from? A little bit of the history on that. Mr. Mason: I don't know the... I. actually have a piece in my office about that long that was ... it's mostly hollow actually because the tenninates have done a number on it, but the batten's about that wide and it is kind of a double -ogee shape. I don't know ... I mean, I have not ... you can't go to Home Depot and buy it; let's just put it that way. (Laughter in background) It might have been a very common shape at one point, but right now, it's ... you know, I don't think anybody makes something like that. In order to make it, they are going to have to strip the paint off and then get down to the wood and actually mill new wood, but I haven't seen it before. But there's a lot of them because this isn't a 1 by 12 T&G. It's a tongue and groove T&G with a V-Joint on the interior. Ms. Schneider: Do we have a motion? Ms. Griffin: I have a small question. I don't remember you mentioning the floors. It looked like, from one picture, that they're wood floors. Mr. Mason: They are currently wood tongue and groove floors, and we are going to save all of that, but we're not leaving it as a bare wood floor. It's going to get the sort of typical vinyl tile flooring that is in all of their administrative areas. It would be possible, actually, to refinish the floor in that lobby area. The lobby area is the one area where we're trying to kind of keep that older look, but I must say, at this point, I haven't done that. It )might be something to rethink; I'm not sure. One of the main things that we're trying to do is to maintain the volume of the space. We want people to be able to walk into the space ... into that room and feel like they could be walking into a large open area, which is what the cafeteria was. So we managed to accomplish that. We're not dropping the ceilings or anything like that. Ms. Griffin: And the interior where you said you're going to double -wall it for all of your wiring and so forth, what will that look like? Mr. Mason: It's going to be tongue and groove, and that's primarily limited to the offices; the Principal offices. Ms. Schneider: Stephen. Mr. Long: What material was the wood floor? What kind of tree? Mr. Mason: It's all...the whole building is Douglas fir; every bit of it. November 17, 2016 KHPRC Meeting Minutes Page 37 - Mr. Long: So, personally, I would be in favor of exposing that clearer. It's probably VG Doug fir if it's that old, and that's got a nice rich, orange ish color to it, and I'd like the sort of definition of defining the entry with something that's maybe a little bit different if left over from the past. Mr. Mason: I can definitely look at that, and that's a relatively ... I don't remember exactly what kind of condition that part of the floor is in, but it wouldn't... there's one little corner near that back entry, which is now going to be the front entry, where they need to replace some flooring. But other than that, I think the flooring is in pretty good shape and could probably be sanded, you know, just lightly to get it to come back. Mr. Long: Right. Mr. Mason: That's a good ... I think that's a worthwhile suggestion. Ms. Schneider: Anything else, Commissioners? Mr. Mason: I hadn't thought about it until we were talking just now actually. Mr. Long: And lightly is really nice because then, you know, it's still bruised and has a little bit of the age left in it, and not sanded all the way down to the... Mr. Mason: Yeah. I wouldn't want to lose the strength actually. Mr. Long: Oh. Ms. Schneider: Do we need a motion? Mr. Hull: Yeah, you are going to have to take some sort of action on this agenda item. Ms. Schneider: Do we have a motion from anybody? Mr. Hull: Again, to reiterate, the potential is a motion to support, a motion to request alterations, a motion in opposition, or a motion to receive, essentially. Ms. Schneider: Commissioners? Ms. Griffin: I move to accept this project as presented with the inclusion of the recommendation that the entry area retain its original wood flooring and that the work ... that photos be taken of the work before, during, and after and archived with the Planning Department. Ms. Schneider: Do we have a second? Ms. Wichman: Second. Ms. Schneider: Any discussion? November 17, 2016 KHPRC Meeting Minutes Page 38 Mr. Mason: As one who's done a lot of this, it might be good to be clear about what kinds of photos you want taken. Ms. Griffin: We used to say HABS photos, but we have ... on this kind of project, we haven't been that rigorous. Can the Staff assist us on that? Mr. Hull: It has either been HABS or just detailed at the Department's discretion. Mr. Mason: Let me suggest that we submit photos that meet the Staff's approval at the onset so that you think that they are adequate, and then from then on, they can be a template for what we would be photographing as we go through. Ms. Schneider: We know that Mason Architects will do the right thing. Mr. Mason: Well, you know, not to get too far off, but the joke in my office is that I come back and nobody knows what the building looks like because I've taken photos of doorknobs and thresholds and ... you know, light fixtures, and ... not of the building. So we do need to be ... you know, I want to make sure that we get you what you want. Ms. Griffin: May I suggest that the motion can stand and that you all can discuss it and make a determination outside of this body? Mr. Hull: That's fine. Yeah. Ms. Scluzeider: So we had a second. Ms. Wichinan: Yes. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Anybody opposed? No? Motion passes 8:0. Mr. Hull: Thank you. Ms. Wichman: Thank you. Mr. Mason: And if anybody's got any thoughts or suggestions, don't be afraid of shooting them to me or, you know, getting them to the Planning Department. You know, I mean, I literally never thought about the floor until we had this meeting, so you know, good ideas can come up anywhere. Ms. Schneider: That's why we have the meeting. Ms. Arinaga: Thank you. Mr. Mason: Okay, thank you. November 17, 2016 KHPRC Meeting Minutes Page 39 Ms. Schneider: Thank you. COMMISSION EDUCATION COMMITTEE Mr. Hull: The next agenda item is ... well, there is no agenda item concerning Commission Education Committee. KAUAI HISTORIC RESOURCE INVENTORY UPDATE COMMITTEE Mr. Hull: The Kauai Historic Resource Inventory Update Committee has not met since the last meeting. HISTORIC PRESERVATION PUBLICITY COMMITTEE Re: Update on the permitted interaction group (PIG) for publicizing historic preservation efforts. Mr. Hull: So the next agenda item is Agenda Item K, Historic Preservation Publicity Committee. 1, an update on the Permitted Interaction Group for publicizing historic preservation efforts. This is a PIG that was fonned about a year or two ago, but has not met since then. So it was essentially placed on the agenda to discuss whether or not there are members of this body that would be interested in being a member on that PIG. Ms. Griffin: I have a comment about that since I sat on the PIG. It wasn't simply historic preservation efforts, but enlarging on education and publicity to increase the breadth of understanding about preservation. Some months ago the PIG did give a report and talked about PR activities, and I did see in the paper the comment of the 30-year. Ms. Arinaga left the meeting at 5:05 p.m. Ms. Griffin: But there hasn't been anything on the fact that this is the 50t1i anniversary of the National Preservation Act and the PIG that ... that was within the concept of the PIG. So I just want to bring that back up because the year is very quickly drawing to an end. (Laughter) I know I gave you an article some months ago. Mr. Hull: Yeah, I didn't actually get to see the ... I know it was published in the Garden Island. Ms. Schneider: It was in the paper. Mr. Hull: But in the original one that we sent, it also discussed the 50 years. But did the Garden Island not pick up on the 50 years? November 17, 2016 KHPRC Meeting Minutes Page 40 Ms. Schneider: I think it did. But (inaudible). Ms. Griffin: There was not an article about it. There was a short mention of it, but, you know, especially because the Preservation Act ... bringing monies in are in jeopardy; they are about to expire. And it would not hurt to have those of us who have worked so hard on this Commission to give that nudge to make awareness of this tremendously important act. Mr. Hull: We'll work with the Mayor's Office on that again. Ms. Schneider: Also, we have that December 22nd meeting (inaudible). Mr. Hull: Yeah, we'll go into that on the next agenda item. Ms. Nakea: Who is presently on that PIG? Ms. Griffin: (Inaudible) Ms. Nakea: And so you're talking about maybe more ads in the paper? Ms. Schneider: More publicity. Ms. Nakea: Just more publicity. And monies for those types of things come from...? Mr. Hull: No, so the ... so this Commission doesn't really have much fielding; really, any fiinding. Ms. Nakea: Could CLG money be used for that? Mr. Hull: There's a potential for CLG applications for that. So the advertisement that was ... excuse me. The article that was written was drafted by the Mayor's Office as just a press release to recognize, so it wasn't specifically an advertisement. But yeah, to do actual advertisements, we'd have to expend monies, which we don't have, but it is a potential CLG application should the PIG and this body want to go down that path. Ms. Griffin: May I suggest that ... you know, we did come out ... and it's in the minutes. It was from, I think, early this year or maybe last year, but there were suggestions. There were several suggestions that were made and perhaps for next month with it on the agenda ongoing, those can be reviewed to see if that remains, in 2017, an important effort because it is part of our ordinance; education is part of our ordinance. Mr. Hull: Yeah, we can pull those minutes and see because I don't recall myself, quite frankly, but we can pull those minutes. Ms. Wichinan: I have a comment, please. I also know that it's very important to educate the public here on this 50 years of the National Preservation Act and especially with the new Administration that has come in in the United States. I've been getting a lot of emails... I'm on a November 17, 2016 KHPRC Meeting Minutes Page 41 lot of different (inaudible) and everybody is very... extremely worried about fiinding and there's a lot of petitions going around right now in order to save certain agencies from being chopped. So I really believe that the more we educate public, especially on Kauai because we're all ... Kaua`i is known as being very proactive. If they knew that this historic preservation act was in jeopardy, then I think people would be ... I think they would speak out. I think it would be important for people to know that. That's why I think more education about these different acts and what's out there with historic preservation is really important. I don't think the general population really understands all the different agencies that are involved with restoring or rehabilitating or preserving our history, and Kauai, Hawaii especially, we're just... everything is history. It would be a shame, you know, to lose some of this just because people don't know. So I agree with Pat that we really do need to do something further than just a mention, and just to go into some of the background of what and why that was created. Ms. Griffin: Right. Just in case not everybody has read our ordinance in the last couple of months, part of the preservation funds we're talking about include CLG funds; that preservation ordinance. And we exist ... if you look at the very last part of our only 3-page ordinance, it says that this Commission... that there's the option of having it disbanded if we lose those funds. So I'm not suggesting that the County would do that at this point, but at the same time, that is what our law says at the moment. And State Historic Preservation Offices, you know, those funds are expiring and they have to be re -upped either for another 7 years or potentially — please, God — indefinitely, but there is pushback on a lot of that. And because it's this 50"' anniversary, we have an opportunity to use that as a hook. Ms. Schneider: Thanks, Pat. Anything else? Mr. Hull: So given that, the Department would request that K.1. be deferred, in particular, not only to look at the 50-year NPA publication going to the newspapers, but more particularly to look at the previous minutes to see specific priorities and strategies that were addressed at a previous meeting. So we would request a deferral on it. Ms. Schneider: Do we need a motion? Mr. Hull: Yeah, you need a motion. Ms. Schneider: So we need a motion to defer. Mr. Hull: We're fine with a deferral to the next available meeting if that's the prerogative of this body. Ms. Griffin: I move that we retain that particular PIG on the agenda and use it to discuss previous recommendations and the potential publicity on the 50t" anniversary. Ms. Schneider: At the next meeting. Ms. Griffin: At the next meeting. (Laughter in background) November 17, 2016 KHPRC Meeting Minutes Page 42 Ms. Schneider: Is there a... Ms. Nakea: I second. Ms. Schneider: Any discussion? All in favor? (Unanimous voice vote) Anybody opposed? (None) Motion carried 8:0. DATE AND AGENDA TOPICS (December 22, 2016) Mr. Hull: And then the next and last agenda item is Date and Agenda Topics. So concerning... the next meeting is scheduled for December 22nd. Now, a lot of times commissions that are scheduled that close to Christmas often... Mr. Long: Did we miss J? Mr. Hull: Did I miss J? Mr. Long: And K? Mr. Hull: No, well, I went through those, but being that the Commission Education Committee didn't have a report that was placed on the agenda and because the Kauai Historic Resource Inventory Update Committee hasn't met since the previous meeting. So a report was given at the previous meeting. Mr. Long: Okay. Mr. Hull: Yeah. Mr. Chaffin Jr.: I had original questions. Who's on the Commission Education Committee and who's on the Resource Inventory? Mr. Hull: The Education Committee is Commissioner Nakea, Commissioner Griffin, and Commissioner Wichman. The... Ms. Wichman: And Kalei. Mr. Hull: And Commissioner Arinaga. And on the Inventory Update Committee is Commissioner Griffin, Commissioner Long, and Chair Schneider, and Commissioner Wichman. Ms. Schneider: And the question is December 22nd. Everybody (inaudible). Mr. Hull: Wait, so I think Stephen had one more (inaudible). Mr. Chaffin Jr.: I will not be here for that. November 17, 2016 KHPPC Meeting Minutes Page 43 Ms. Scluleider: And Stephen? Mr. Long: Yeah, just as a housekeeping matter, the Resoufce Inventory Update Committee would like to schedule another session ASAP before our next meeting. Ms. Schneider: When is good for you guys? Myles? Mr. Long: Can we get ... you know... (Inaudible). Mr. Hull: I think you guys can work with email. It doesn't have to be discussed on the... Ms. Schneider: Yeah. Mr. Hull: Yeah. So they'll discuss (inaudible). So returning back to Agenda Item L, Date and Agenda Topics. Like I was saying, often ... not always, but often when commissions meet that close to the holidays, often those commissions elect to not meet at all. So it's really the prerogative of this Commission if it wants to meet on December 22nd, or we can see if there are dates available before the 22"d. I'll be quite frank, there aren't many concerning getting this room; the Department has looked. But if you want to hold the December 22"d, if you want to hold off. There are no applications at this point for the 22"d meeting. It would just be deferred items off of this agenda. I can say that for agenda topics, our friends at the Shell Gas Station have re -upped their demolition pennit, so it will be coming before this body. The representative is, I believe, not able to attend the December 22" d meeting though, so that is a future agenda topic and one that I'm sure we'll have robust discussion, but that's the only... Ms. Schneider: So can we poll the Commission to see who's going to be here on December ... who could be here on December 22"d. Ms. Nakea: I can be here. Ms. Schneider: You can? Ms. Nakea: I can. Ms. Wichman: I can be here. Mr. Chaffin Jr.: Negative. Mr. Long: No. Ms. Schneider: It's going to be hard for me, too, so maybe we'll hold off if we have nothing, if that works for everybody. (Inaudible) January meeting. November 17, 2016 KHPRC Meeting Minutes Page 44 Mr. Hull: So as far as now, there will not be a December 22nd meeting, so the upcoming January meeting, which is where...as previously discussed by Mr. Furfaro, one of the agenda items would have to be Commissioner Griffin's... the issue of whether or not she would be extended another 90 days. So the way that generally works is when a commissioner's teen expires, the Mayor or the appointing authority may request that member if they are willing to hold on with their position for an additional 90 days. Because Commissioner Griffin is appointed - not by the Mayor, not by Council, but by this body as a Commissioner of the whole - the only authority that can look at entertaining that extension is this body, so we'll place that on the upcoming agenda. Ms. Schneider: If that's okay with Commissioner Griffin. (Laughter in background) Ms. Griffin: No, I'm telling Historic Hawaii Foundation that the Shell has resubmitted its demolition pen -nit. This is important. (Laughter in background) I will think about it. Although I do encourage the search for a replacement and somebody who will fiilfill all of the duties that a commission like this deserves. Ms. Schneider: Nobody will be you, Pat. (Laughter) Ms. Wichman: Can we refer to you for bridges? (Laughter in background) Ms. Schneider: Yes. We need to have you (inaudible). Mr. Hull: And then also with that, Shan will be circulating an email to you as we move into the new year as far as potential meeting dates in the discussions with the Chair because 1 know Commissioner Arinaga is having a lot of problems with this last Thursday. Ms. Schneider: Yeah because we changed when we were meeting in order for the SHPD guys to come and they haven't been coming. Mr. Hull: So tentatively, you guys all have ... if we still keep it at the 4t1i meeting in December. Oh, excuse me. 4t1i Thursday of the month, or the final Thursday of the month, so that's where these tentative dates are; that's what has been set as we move into the new year. If there are ... because other Commission members have expressed that that Thursday in particular is hard to meet, so having quorum is the only way we can conduct business so we'll be submitting an email to see if there are any specific dates that just cannot be done for individual Commissioners, so look on the horizon for that. Ms. Schneider: At this point... Stephen. Mr. Long: I have a follow-up question. At our last meeting, the Planning Department made a presentation about seeking a position for historic preservation, and we discussed and suggested that the Planning Department communicate with the architecture and planning schools on the west coast. I'd like to just have a little follow-up data on your efforts to do that. November 17, 2016 KHPRC Meeting Minutes Page 45 Mr. Hull: Yeah. Actually, we came into discussions with HR and there actually may be viable candidates out there that we're having Human Resource issues with, so we're having discussions with that agency right now. I can say, officially, we have not received — the Planning Department side — applications, but there may have been numerous applications that were submitted; it just didn't ultimately meet the MQ's. So we're having the discussion with the Human Resources folks right now on that. Mr. Long: And my question is what efforts have gone forward in communicating with architecture and plamling schools and departments on the west coast? Mr. Hull: At this point... Mr. Long: (Inaudible) part of it. Can that be part of the efforts of the HR group? Mr. Hull: It can, and can also be part of the efforts by the Planning Department. And just to that point, Commissioner Long, I think your point was well -taken at the last meeting, and since that time, in particular, the Director met with SHPD and infonned them that we are coming close (inaudible) can fill this position, and it was SHPD that made us aware that there had actually been applicants; we just hadn't necessarily received them. So it's at discussion with the Human Resources because there are certain standards that applications have to meet before they even forward to the Planning Department, so we're kind of vetting it through that process right now. Mr. Long: Thank you. Ms. Schneider: Thank you. At this point, we are adjourned. ADJOURNMENT The meeting was adjourned at 5:20 p.m. Respectfully Submitted, earcie Agaran Commission Support Clerk Date: i f oa iw Chapter 1.. General Provisions 1-1-1 Pgp?ose. The intent and purpose of the rules of practice and procedure of the Kauai Historic Preservation Review Commission is to provide a systematic and democratic method of conducting meetings and hearings in order to insure that all persons and parties will have an opportunity to participate in an open., productive, and orderly manner. 1-1-2 Definitions. As used i11 these Rules, except as otherwise required by context: (1) "Agency" means the Planning Department of the County of Kauai or its authorized representative. r. (2) "Commission," "Chairperson" and the "Commissioner" means the Kauai Historic Preservation Review Commission of the County of Kauai, State of Hawaii, its Chairperson, and a member thereof, respectively. (3) "Director" means the Planning Director of the County of Kauai. (4) "Ex parte coixununication" means private communication or arguments with members of the commission or its hearing officer as to the merits of a proceeding with a view towards inrfluencung the outcome of a proceeding. (5) "HRS" means Hawaii Revised Statutes (6) "Meetings" means the convening of.the Commission for which a quorum is required u-i order to inake a decision or to deliberate toward a decision upon a matter over which the Commission had advisory power.. (7) "Person" means when appropriate to the context, not only individuals, but corporations,.filins, associations, societies, and federal, state and county departments of agencies. (S) "Presiding Officer" means and shall include any member of the Commission or Bearing a hearing officer duly designated as such. Unless otherwise designated, the Chairperson shall be the presiding officer. (9) "Proceeding" means any matter that is brought before the Commission in which it has advisory authority. (10) "Public Record" means the sanne-as defined in Chapter 92, HRS, and shall include neaps, rules and regulations, written- statements of policy or interpretation fon�inulated, adopted or used by the commission meetings and records of any docket on file with the Commission but shall not include records which invades the right of privacy of an individual. 'JAN26 2017 (11) "Rules" means the Rules of Practice and Procedure before the Commission. Chapter 11. Organization & Parliamentary Rules 1-2-1 Organization. At the regular September meeting of each year, the Commission shall elect a chairperson and Vice --Chairperson from among its members. They shall serve for a term of one year or until their successors are duly elected. No member shall succeed himself or herself as chairperson. In the event the Commission is not able to elect a regular Chairperson or Vice - Chairperson from among its members at its first September meeting, the incumbent chair may serve on a hold -over basis for a teiin not to exceed -ninety (90) days. 1-2-2 Meetings (a) Regular meetings of the Commission shall be held every fourth Thursday of the month or on such day as the Commission may designate. The Place of meeting shall be the Lihue Civic Center, or such other place as may be designated by the Commission. (b) Subject to the conditions prescribed by these rules, special -meetings may be called at any time by the chairperson, director, or a majority of the commission, who shall state the subject thereof, and the acts and business of the corru-mission at such special meeting shall be confined to such matters. (c) Each member shall be given oral or written notice at least (5) worldng days prior to a special meeting, unless waived by such member. (d) The Commission shall prepare and post an agenda for all meetings of the commission and its colmnittee's identifying the date, time, place, and subjects to be considered in compliance with the provisions of Chapter 91 and 92, LIRS. 1-2-3 Adjournment. Meetings may be adjourned at any time by vote, and unless otherwise specified hi the motion, every adjournment shall be deemed to be the next meeting of the Commission. 1-2-4 Quorum and Number of Votes Necessary for a Decision. Unless otherwise provided by law, a majority of all the members to which the Commission is entitled shall constitute a quorum to transact business, and the concurrence of a majority of Commission members present shall be necessary to make a Commission decision valid, failing which there shall have been no valid action taken. 1-2-5 Continuation of Decision Making. Any matter which fails to be validated by majority concurrence of Commission members present may be continued to any subsequent regular meeting, 1-2-6 Effective Date of Conunission Decision. Unless a specific effective date is set forth, the effective date of a decision rendered by the Commission shall be the date of the meeting at which such valid decision was made. 1-2-7 Minutes and Transcri is (a) Meetings. In accordance to HRS 92-9, the commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcripts nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the members, (b) Copies of Recordings. In cases where copies of prerecorded tapes are requested, a fee $5,00 per hour (rounded off to the nearest half hour) of recording time shall be assessed in addition to the costs of the tapes used (rounded off to the nearest $.50). Charges may be waived or modified when the requesting person provides the recording equipment, tapes, and performs the recording subject to conditions and supervision by the planning department. 1-2-5 Officers and their Duties. (a) Presiding Officer. The Chairperson shall be the presiding officer of the Corarnission and the Vice -Chairperson shall be the presiding officer in the absence of the chairperson. The presiding officer shall: (1) Open all meeting of the Commission at the appointed hour by taking the chair and calling the meeting to order; (2) Call for the approval of the minutes of any preceding meetings when a quorum is present; (3) Maintain order and proper decorum; (4) Announce the business before the Commission in the order prescribed by the rules; (5) Review all matters properly brought before the Commission, call for votes upon the same and announce the results; (6) Appoint all committees unless otherwise ordered by the Commission, (7) Authenticate by signature all acts of the Commission as may be required by law, unless delegated to the Plamung Director; (8) Do and perform such other duties as may be required by law, or such as may be properly appertain to such office; (9) Make known all rules of order when so requested, and to decide all questions or order, subject to an appeal to the Commission; (10) Take into consideration such matters as shall not be within the scope of the duties of powers of any standing conunittee of the Commission; or as may be referred by the Commission, and to report thereon, together with such recommendations relative thereto as deemed advisable; and (11) Represent the Commission in all functions, not otherwise directed by the Conunission as the titular head of the Commission. (b) Clerk. The Planning Director shall serve as Clerk of the Commission and shall be directly responsible, or through staff members, to provide the following services; (1) To receive, submit, and coordinate all matters properly brought before the Conunission in consultation with the chairperson; (2) To provide the agenda support materials for all meetings. (3) To read bills, resolutions, and other matters to the Commission, as so required;. (4) To forward at once to the proper parties all communications and other matters, either directly or through a committee, as the case -may be; (5) To deliver irnu-nediately to the chairperson of the appropriate committee all petitions, resolutions, bills or other matters as may be duly referred to such committee; (b) To serve in all matters as ex -off cio clerk of the Corn mission and to do and perfohn all clerical duties and services pertaining to such position as the Commission shall fiom time to time direct, and such as shall by law or the rules, or rules hereafter adopted, be assigned or such as properly pertain to such position; (7) To have charge of all records of the Commission and be responsible for the same. 1-2-9 Committees. There shall be two binds of committee: (1) Standing Cornnnittees, which shall not exceed five members each. (2) Select Cormnunities, which shall not exceed five members each. 1-2-10 Cormznittee Organization. (a) All committees of the Commission, contemplated under these rules, shall be appointed by the Chairperson subject to confirmation by a majority vote of the members oFthe Comnussion. (b) The first person named on a committee shall be the chairperson unless otherwise designated. The Committee Chairperson shall call and preside over committee meetings, and may designate temporary alternate members in order to achieve a quorum and to take action in cases where members are absent. (c) No member shall serve as chairperson of more than one Standing Committee of the Commission, (d) No committee shall meet while the Commission is in session. (e) Committees shall be under the control and subject to the orders and appropriate rules of the Commission, and shall faithfully carry out such orders. (f) Vacancies on the standing committees shall be filled by the Chairperson of the Commission unless otherwise designated in subsection (b) above and no member of the standing committee shall resign therefrom without the consent and approval of the Comm,nission. (g) A majority of the entire membership to which the committee is entitled shall constitute a quorum and the majority vote of the membership present shall be necessary to take any action. 1-2-11 Standing Committees. The Commission may establish the necessary standing conmnittees to further the responsibilities and functions of the Kauai Historic Preservation Review Commission. 1-2-12 Select Committees. A Select Committee shall consist of up to five (S) members, unless otherwise ordered by the Commission and shall be appointed from time to time as the occasion requires, serving until discharged after finally reporting on the special matter referred to it. 1-2-13 Committee Reports. (a) Every conunittee shall be responsible for writing and submitting a meeting summary to include a list of attendees, topics covered, decisions and/or recommendations to the Commission as whole. , (b) Committee chairperson or other committee members shall report to the whole Commission at its meetings about the Committee's work on matters referred to them. (c) Select Committees shall report as required by the Corntnission upon all matters referred to diem, unless further time is allowed by vote of the Commission. (d) Whenever any matter is referred to a committee, it shall be the duty of such committee to make diligent inquiry into all of the facts and circumstances connected with such matter. If necessary, the County Attorney may be consulted, documents and records searched, and everything done to bring all facts pertaining to such matter before the Commission. (e) The report of the committee on any matter shall provide an evaluation and recormnendation as to the disposal of such matter. 1-2-14 Voting. (a) There shall be three methods of ascertaining the decision of the Con-unissior7 upon any platter: I ", by call of the members and a record made by the Clerk of the vote of each member; 2" d, by viva voca vote; P by unanimous consent. (b) Whenever the Commission is ready to vote on any questions, tine Chairperson after stating the question, shall put such question to a vote, then announce the result of the vote to the commission. Upon the request if any member of the Commission, the Cleric shall call the role. Unless a member is excused from voting, his silence shall be recorded as an affirmative vote. (c) No member shall refi-ain from voting unless excused by the Com n-iission, (d) Whenever the ayes and noes are called, no one, without the unanimous consent, shall be permitted to explain his vote; and after the annnounceinent of the result, no one shall be pernnitted to vote or to change his vote. 1-2-15 Standards of Conduct. (a) Disclosure of interest. Whenever a possible direct personal financial interest on any matter pending before the Commission or any of its committees becomes apparent, the affected mernber shall promptly make a disclosure to tine Commission. When a member had made a disclosure of interest and is deemed by the Commission to have as conflict of interest, such conflict shall apply to all Subsequent actions relating to said matter. A member with conflict of interest shall refrain from voting except where the member's vote is required to constitute a quorum to act in Which event he shall be permitted to vote. (b) Code of Ethics. All Commission members and officers and employees of the Agency shall be subject and comply with the provision of Chapter 3, Article I, of the Kauai County Code, as amended. 1-2-16 Petitions and Submittals to the Commission. Any person may petition the Commission.. Petitions and other submittals shall be in writing, signed by the petitioners or persons presenting them. 1-2-17 Motions and Amendments. Motions and amendments may be verbal, but shall be reduced to writing if requested by the chair, and shall be read from the Clerk's desk, if so desired. 1-2-18 Motions and Priorities. (a) No motion shall be received and considered by the Commission until the same has been seconded. (b) After a motion is stated or read by the chair, it shall be deemed in the possession of, and shall be disposed of by vote of the Conunission. However, it may be withdrawn by the mover with the consent of the second at any time before a vote or amendment. (c) Whenever any question shall be under discussion, the motions in order relative thereto prior to a vote shall be: first, to table; second, to previous question; thud, to modify debate; forth, to postpone definitely; fifth, to commit or recommit; and sixth, to ainend; which motions shall have precedence in the order named. The first four motions shall be decided without debate, acid shall be put as soon as made. (d) "AThen any of said motions shall be decided in the negative, the same shall not be revived at the same meeting relative to the main question under discussion. If all are negative as aforementioned, the only remaining question shall be as to the passage or adoption of the application or any other main question. (e) No member shall speak longer than five (5) minutes, nor more than twice on the saine question without leave of the Commission, unless the member is the mover of the question pending, in which case the member shall be permitted to speak in reply, but not until every member choosing to speak shall have had the opportunity to'speak. 1-2-19 Reconsideration. When a motion has been once made and carried in the affirmative or negative, only a member who voted with the prevaililag side may move, at the same meeting, or at the next meeting, to reconsider it, and such motion shall tape precedence over all other questions except a motion to adj ours. 1-2-20 Order and Decoruin (a) No person shall sit at the desk of the presiding officer or cleric except by permission of the Chairperson, or at the desk of any commissioner, except by permission of that commissioner. (b) While the Chair is putting any question or addressing the Commission, no one shall walls out of the meeting room or across the floor; nor shall anyone entertain a private discourse, or pass between the member and Chair while the member is speaking. (c) When member are about to speak, they shall address themselves to the Chair, and shall confine their comments to the question under discussion, avoiding personalities. (d) If any member, in speaking or otherwise, transgresses these rules of procedure, the chair, or any member, may call him to order, and when so called to order, he shall immediately quiet down. The Chair shall then decide the question or order without debate, subject to an appeal to the Conunission. In addition, the Chair may call for the sense of the Commission on any question of order. (e) Whenever any person shall be called to order while speaking, the member shall be deemed to be in possession of the floor when the question of orders is decided, and may proceed with the matter under discussion within the ruling made on the question of order. (f) No unauthorized person shall enter the floor of commission except by permission of the presiding officer. The term "floor of Commission shall mean that portion of the meeting room general occupied by the Commission and as may be specifically designated by the presiding officer. The presiding officer shall determine, with concurrence of Commissioners, when members of the public may spear on topics being discussed and whether any time limitations per speaker will be set. (g) Any person or persons who willfully disrupt a meeting or hearing to prevent and compromise the conduct of the meeting may be removed from the room. 1-2-21 Order of Business. (a) After roll -call and the approval of the agenda and minutes, the Presiding Officer shall call for business in the following order: 1. General business matters before the commission and amiouncements 2. Cor ununications 3. Committee Reports 4. Unfinished Business or Old Business 5. New Business (b) The Commission may, by previous motion, direct that any matter be made a special order of business, which shall take precedence as indicated in the order. (c) The unfinished business or old business in which the Connnission was engaged at the time of the last adjournment shall have the preference in the order of the day except for general business and announcements, communications, and cozrninittee reports, and invited speakers, and no other business shall be received until such unfinished business is disposed of, unless by special leave of the Commission. (d) All questions relating to priority of business to be acted upon by the Commission shall be decided without debate. 1-2-22 Question or Order. A question of order may be raised at any stage of the proceedings, except during a calling of the roll when the ayes aid noes are called for. Such questions shall be decided by the Chair, without debate, subject to an appeal to the Commission. 1-2-23 Computation of Time. In computing any period of time under the rules herein, by notice, or by any order or regulation of the Conu-nission, the time begins with the day following that act, event, or default, and 'includes the last say of the period unless it is a Saturday, Sunday, or legal holiday in which event the period runs until the close of the business of the next day which Is not a Saturday, Sunday, or holiday. 1-2-24 Attendance. No member shall be absent from the service of the Commission, unless the member has so advised the Chair prior to the meeting or be sick and unable to attend. 1-2-25 News Reporters. News reporters wishing to take notes of the business of the Commission may be assigned such places by the Chair without interfering with the convenience of the Commission. 1-2-26 New Rules and Amendments, No rule of the Commission shall be altered or rescinded, nor shall any new rules be adopted without the affirmative vote of at least five (5) members of the Commission. 1-2-27 When Rules are Silent. For good cause, the Commission may vote to suspend the rules. 1-2-28 Severability. If any provision of these Rules and Practice and Procedures or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of these Rules of Practice and Procedures which can be given effect without the invalid provision or application, and to this end the provisions of these Rules of Practice and Procedures are severable. Chapter 111. Public Records, Inspection and Availability 1-3-l' Inspection of Public Records. All public records shall be available for inspection and copying by any person during established office hours and within reasonable timelines unless public inspection of such records is in violation of any other state or federal law. 1-3-2 Where Available. (a) The Public may obtain information on rn.atters within the jurisdiction of the Planning Department and Commission for the County of Kauai, by inquiring at the principle place of business of the Planning Department. All rules, orders or opinions of the agency are on file and available for public inspection at this office during business 4444 Rice Street, Suite A473, Lihue, Kauai 96766-1326. (b) Inquiry may be made in person at the agency during business hours or submitting a request for information in writing to the Planning Director, Planning Department, Kapule Building, 4444 Rice Street, Suite A473, Lihue, Hawaii 96766-1326 1-3-3 Copies of Public Records. Copies of public records printed or reproduced for persons other than governmental agencies shall be given to any person provided the applicable fees or costs for publication, research, and postage are paid. 1-3-4 Denial of Inspection. Any person aggrieved by the denialby the officer having custody of any public record of the right to inspect the record or to obtain copies of extracts thereof may seek enforcement action pursuant to IRS Chapter 92. Chapter IV Rule Adoption, Amendment, or Repeal Procedures 1-4-1 Initiation of Rule -Making Proceedings (a) Motion by Coinmi�ssion. The Commission may, at time oft its own motion, initiate proceeding for the adoption, amendment, or repeal of any rule or regulation of the Commission. (b) Petition by person or Agency. Any interested person may petition the Commission for the adoption, amendment, or repeal of any rule or regulation of the Connnussion. Petitions for rule making filed with the Commission will become matters of public record. 1-4-2 Form and Contents. Petitions for rule malting shall contain the name, address, and telephone number of each petitioner; the signature of each petitioner; a draft of the substance of the proposed rule or a designation of the provisions the repeal of which is desired; a statement of the petitioner's interest in the subject matter; a statement of the reasons in support of the proposed rule, amendment, or repeal and shall deposit with the County fluids sufficient to cover appropriate ineetirag publication costs. 1-4-3 Action on Petition. The Commission -shall, within thirty (30) days after the filing of a petition for rule making, either deny the petition in writing, stating its reasons for denial or initiate proceedings in accordance with Section 91-3 HRS. (a) Denial of Petition. Any petition that fails in material respect to comply with the requirements herein of that fails to disclose sufficient reasons to justify the institution of public rule -snaking proceedings will not be considered by the Commission. The Commission shall notify the petitioner in writing of such -denial, stating the reasons thereto. Denial of a petition shall not operate to prevent the Commission from acting, on its own motion, on any matter disclosed in the petition. (b) Acceptance of Petition. If the Conunission determines that the petition is in order U-id that it discloses sufficient reasons in support of the proposed rule -making to justify the institution of rule -making proceedings, the following procedure set forth and applicable statutes and law shall apply. 1-4-4 Notice of public Hearing to discuss Rule Adoption, Amendment or Repeal. (a) Publication and mailing. When, pursuant to a petition therefore or upon its own motion, the Commission proposes to adopt, amend, or repeal a rule or regulation, a notice or proposed rulemaking shall be published at least once in a newspaper of general - circulation which is published and issued within the County of Kauai; and such notice shall also be mailed to all persons or agencies who have made timely written requests for advance notice of the Commission's rulemaking proceedings at their last recorded address. The notices shall be published at least thirty (30) days prior to the date set for public hearing. (b) Form. A notice of the proposed adoption, amendment, or repeal of a rule or regulation shall include the regL. irennents set forth in HRS Chapter 91-3. 1-4-5 Commission Action. The Commission shall consider all relevant testimony and documents of record before talking final action in a rule -making proceeding. Final action should be taken within forty-five (45) days after the end of period for submission of writterl coluinents or recommendations. 1-4-6 Effective Date. All rules shall be filed and take effect pursuant to HRS 91-4 1-4-7 Emergency Rule Making. Notwithstanding the foregoing rules, the Commission may adopt emergency rules in accordance to the provision of HRS 91-3 and 4 if the Commission funds that an imminent peril to public health or safety requires adoption, amendment, or repeal of a rule or regulation upon less than thirty (30) days' notice of hearing, and states in writing its reasons for such finding, it may proceed without prior notice or hearing or upon such abbreviated notice and hearing as it finds practicable to adopt an emergency rule or regulation to be effective for a period not longer than one hundred twenty (120) days without renewal. The emergency rule shall become effective upon filing with the County Clerk. Name: Location: Owner: Original Use: Present Use: Condition: Integrity: KAUAI HISTORIC RESOURCE PROFILE Garden Island Service Station Kuhio Highway, Lihue Service Station Gas Station & Restaurant Good Doors & windows changed, garage bay enclosed Historical Information: Contractor was Shizuka Kuracka, built for Charles E. Rice. Distinguishing Features: One-story, T-plan building. High-pitched hip roof in concrete, but designed to look like thatch, with slight curve at bottom edges. Lava rock pillars support roof. Leg of the T covers two gas pump lanes, while other portion of the building is enclosed with new horizontal wood siding & windows. Large chimney with modern exhaust added for restaurant tenant. Major Sources: Spencer Mason Architects, Kauai Album, & KHS files. Tax Map Key : 3-6-06: 89 State Site No.: SLU District: Urban County G P: County Zoning: Date -Original: c. 1930 Date(s)-Altered: ti. I • 'JAN 2 6 2017 DEPARTMENT OF PLANNING STANDARD ZONING PERMIT APPLICATION one (1) original; If providing plans, five (5) sets, including original, required_ Fees vary based on permits required and range from $30 to over $1000. Proof of 75% fee ownership rights or authorized agent must be attached. • a P Pl MP lectronic Plans DEPARTMENT USE ONLY Zoning slake Ey: Use Variance intake Date. SMA PDU Acceptance Datc/a TOTAL FEE: Check Olae, aper ans This application shall be filled out by all seeking Zoning, Use, Variance, SMA Use or PDU permits pursuant to the Kauai County Code, Hawaii Revised Statutes Chapter 205A and all relevant rules and. regulations of the Planning Commission and Department. Supplemental infon-nation may be attached to fonn. SMA,appiications may also require additional SMA assessment forms. Tax- Map Key Number ' (4) 3-6-006:089 Applicant Name ALOHA PETROLEUM LTD. Property Address 3178 KUHIO HIGHWAY, LIHUE, KAUAI 96766 Mailing Address 1132 BISHOP STREET, SUITE 1700, HONOLULU HI 96813 Parcel Size 30,000 SQ.FT.. Zoning MU-C Contact Phone 808-246-0676 Designation Applicant Declairatioas (incorrect responses may slow your permit review) A. Please place an "X" under Yes or No under the following: I Is this property located in the Special Management Area (SMA)? Yes No X Staff Verification 2 Is this properly part of a Condominium Property Regime (CPR)? X 3 Is this property within 550 feet of the shoreline? X 4 Is this property within the Agriculture Zoning District? X 5 Is there a structure on the property, that is 50 years old or older? X 6 Do you have an Additional Dwelling Unit Certificate? X 7 Is this a pormit for an after -the -fact construction or activity? 8 I hold at least a 75% property interest in the property. X 9 Are you an agent for the property owner? X 10 Has a similar application been previously denied? I X 11 Is this art application for an agriculture structure under 200 sq. ft. I X B. Please fill in a response to the following: 1. If you have previous zoning pennits, please state the permit number(s): --K.10 'JAN 2 6 2017 2. If this is not the first dwelling unit on the subject property identified on this application, please state how many dwelling units presently exist: 3. What is the proposed construction and/or intended use of the structure or parcel (may attach additional ilxfo)? Submittal Checklist Please initial under "Yes" or not applicable "N/A" regarding each of the statements: "1AII plot,plans I have submitted are drawn to scale. Yes X. NIA Staff Verification 2 1 have ensured all TMK numbers are visible on all plan sheets. X 3 Any plans I have submitted clearly show all structures and setback dimensions, X 4 My plans provide lot coverage calculations. X 5 I have ensured kitchens are marked with the S' radii required by Planning Dept. Administrative Rules X Because this application involves a CPR, the plot plan shows all existing structures. X Acknowledtements - Please initial Text to each of the statements: I understand: Initial Here Additional fees and/or the submittal of other application forms may be necessary to complete this application for acceptance and processing. Tender of fees by the County does not imply acceptance of this a lication. Errors in self -declaration or missing or incomplete information will delay acceptance and processing of your application. Any purposeful misrepresentations in this application may result in delay, denial, pennit revocation, violations, fines and even criminal prosecution. The owner and/or authorized representative is hereby made aware that the construction, work, use or activity approved in this permit shall be subject to inspection by Planning Department personnel. The applicant is advised that inspection may occur prior to or during construction and use to ascertain the activity is conducted in compliance with the law. Further, I am a duly authorized agent or have 75% ownership rights. OWNER/AGENT SIGNATURE: DATE: FOR PLANNING DEPARTMENT USE ONLY (THIS CONSTITUTES PERMIT IF FILLED OUT BY DEPT.)- APPROVED DENIED BY: DATE: s DIRECTOR'S CONDITIONS OF APPROVAL fstafftn initial next to armlienhle rnnrlit;nnQV This perinit shall expire if no building pennit is issued within one (1) year following approval date and/or if construction does not start within one (1) year of building ermit issuance. Director's standard conditions for non-residential agricultural structures (attach) Additional Conditions (State): DAVD) V. IG6 GOVOUMQFNAWAD STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAP01a HAWAII 96707 September 16, 2015 Palmer W. Hafdahl, AIA Palms Hawaii Architecture LLC 2970 Kele Street, Suite 115 Lihue Hawaii 96766 Email: palmet@palmshawaii.com SUBJECT: Chapter 6E-42 Historic Preservation Review Kauai County Zoning Permit 3178 Kuhio HWY — Demo of Kihue Shell Kalspald Ahupuaa, Puna District, Island of Kauai TMK: (4) 3.6-006:089 Owner: Aloha Petroleum SUZAMUB D. cus CNAMPEMM BOARD M LANC ANC MURAL RESOURM CONlgFboN ON'aA7WlR®0[IRCE JW4C E0 UK" MUHMA FW DEPM W. koY HAYDY wATM AWOMM MMBAI1U1 6DRBAD CFCCFIVBYM$= COMIi6 =ONWATft NANAGMCWr C0M1RVA7= ANb COAiALLM= CMMV,%TW AND RMOURM PonURFRarr mmmfamm IGRffMYANDVMMLW HWM=PREMWA7M KAAOOI VEMANDMOVECOLOMM LAM mYSFARK! LOG NO: 2015.02747 DOC NO:1508MB02 More Information Required Do Not Issue Permit On July 15, 2015, the State Historic Preservation Division (SHPD) received the submittal for Section 6E-42 Historic Preservation Review. The Area of Potential Effect (APE) is TMK (4) 3-6-006:089 which is located along Kuhio Highway in Lihue. The project scope of work includes demolition of the gas station built in 1930. The submittal included photographs, historic photographs, and historic context regarding the gas station. Based on this submittal, the gas station, formerly Garden Island Service, is eligible for the State and National Register of Historic Places. A demolition plan and information regarding the depth of required excavation associated with underground tanks is not provided in the submittal packet. The Kauai Historic Preservation Commission must review this project; their recommendation will inform our review. Our records indicate that we do not have an Archaeological Inventory Survey on file for the subject property. In order to determine the need for archaeological monitoring, please provide information regarding the depth and extent of ground disturbance. *SHPD requests the following actions to be completed before permit issuance: ® Other: Reccommendation from the Kauai Historical Prevation Commission and Demolition Plans including Underground Tanks SHPD looks forward to receiving the recommendation from the Kauai Historic Preservation Commission and demolition plans indicating the depth of excavation for the demolition. SHPD will notify you when the requested material has been reviewed, accepted, and SHPD's part of the review process is complete. SHPD acceptance of requested material is required prior to issuance of the permit. Any future work outside of the proposed scope identified in this review may be subject to additional SHPD review. Lihue Shell 9/21/2015 Page 2 of 2 For Architecture questions, please contact Anna Brovertnan at (808) 692-8028 or at anna.e.broveTaian@hawaii.gov. For Archaeology questions, please contact Mary lane Naone at (808) 271-4940 or at nwyjane.naone@hawaii.gov. Mahalo, Alan S.Downer, PhD Administrator, Deputy State Historic Preservation Officer cc: County of Kauai Planning Department 4444 Rice St A 473 Lihue, HI 96766 In the event that historic resources, including human skeletal remains, cultural layers, cultural deposits, features, artifacts, or sinkholes, lava tubes or lava blisters/bubbles are identified during construction and/or other activities, cease all work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division (SHPD) immediately at (808) 271-4940 (Kauai) EXISTING PALM S - i�a a, a• B OFFICE TO REMAIN I' - EXISTING RETAIL TO REMAIN ' III —I I C I —Ill— I I —III —I l� I I H I Ll l l=III=' I —I I III=I I' - I' I I I III I a l F1 A W A II n VUSs, 3ry6°=,'ir ARCHITECTURE �'Nu'e Plentu6on Bullang 2875 Kek Street S�a4KM 115 �r-r 1]Aue, Ilewei�, ®G766 T1F (S06j i9SJ1]96 F ipdmor®palm3hex.11.wm - 4 000 a a SERVICE nwxm ernes eri� � STATION � aouuo�xrrelsexeua - - _ --- r--- CONVENIENCE--a—--��� � e `--- STORE TO m .III —I II F7 �11)-IrIII-III-L-I-In n l irin III-li III-IIrl-nrllnll-I n--Ili-I:` l® _ -DEMOLISHRr SAWN u 3I1B•�tnU' e fF-" I I EXISTING I I I I r�awm - - - - - - RETAIL REMAIN TO I Aloha PeVoleum _ I o• I I AP—L.Ihue I I I TMK (4)3-M6:069 freer eaaree. tree I Ion 8 -- l=n _T— I_ 1= I-_-1 =1 �- .=1 u- I� - �T—I I— I —1—II 1-T—I 1 ll r�I ITS ITS First FloorPlan a Imo` I — _ _ — J _-' — — �I -- — — -. — 1L�IIIIIITIIJIIJI I�I�IT�111� T ITS o.e�w wma a.�m ce.��r r� tape senran Al ed. .tilnal��a PALMS EXISTING SERVICE STATION ROOF AND PUMP STATIONS TO BE DEMOLISHED 't`NA E= o ' HAWAII - ARGHITECTIIRE Y� � — x _ �i Fr rm�e HJ� p®;w-.e 29]9 Kele 54aet SUReA 1i5 Lmue Havrel .>�/ss Emall palmav®ualmshawall.wm A Nall II Ixv�J6rY�a�errc 6fY6l�i M„wp6xY�fl i, gn�aeum ,NV =may Aloha Petroleum Cam•, AP Lihue ti TMK (4)3-6-08:089 En4¢i adtlross han '' '�`��� w4 Roof Demo ! jr Dual T w „<•_,•-� ��a-. II Plan �. o6�srx6,s -� f Checker `; A2 EXISTING TO REMAIN STRUCTURE TO RE REMOVED Llh�a Plantation F!ulHing 99]0 Kab short sulmp 155 Llhwa. Mavw3'I. 98168 TIF (d08)1464TBB Ema11 palmac�almahatwG.com �rl Aloha Petroleum AP Lihue TMK (4)5-606-089 Enmratldruss horn Cover Sheet n oarzsrzou awn aY AtNhot _ .ey checkx OCS 1 ems — ..� 06; Ii Q From the Collection of Kauai GUY ROTHWELL ARCHITECT (was 1944 President of AIA Honolulu) opened Oahu office 1922. File contributed for use in USGenweb Archives by: J. Orr jessicanorr@gmail.com December 21, 2011, 3:37 pm Source: The Story of Hawaii and Its Builders, Honolulu Star Bulletin, Ltd. Territory of Hawaii, 1925 Author: Edited by George F. Nellist GUY NELSON ROTHWELL, Architect and Consulting Engineer. After spending six years on the mainland at the completion of his course in architecture and engineering, Guy N. Rothwell in 1915 returned to Honolulu, the city of his birth, and is now one of the most active builders and consulting engineers in the territory. Mr. Rothwell has served variously as engineer and designer with the Honolulu Iron Works, the Pacific Engineering Co., the Hawaiian Electric Co., Bowler and Ingvorsen, as consulting engineer for the City and County of Honolulu and is now handling the designs of several projected bridges for the city and county. Among the local buildings which Mr. Rothwell has designed are the Griffiths, J. B. Castle and Boys' Athletic halls at Punahou, the new Palama Settlement and the new Oahu Railway and Land Co. depot. He also supervised the building of the First National Bank building, Harris Memorial Church and many other public and commercial buildings and private residences, and the King St., Moanalua, Haleiwa and Wahiawa bridges. During the World War Mr. Rothwell served 17 months in the Construction Corps of the Navy and one year with the overseas transport and cruiser farce. He is a member of the American Legion, a past commander of the veterans of Foreign wars, and holds memberships in the Commercial and Myrtle Boat clubs. Born in Honolulu, Nov. 9, 1890, Mr. Rothwell is the son of John George and May (Haley) Rothwell. His education was received in the public schools of Honolulu, followed by a two-year collegiate course. In 1917 he married Mary Louise McCarthy, daughter of former Governor C. J. McCarthy, and they have three children, Frank Nelson, Robert McCarthy and Mary Louise Rothwell. File at: http://files.usgwarchives.net/hi/statewide/bios/rothwell524bs.txt This file has been created by a form at http://www.poppet.org/hitiles/ File size: 2.4 Kb This is a summary of his life from -the Rothwell genealogy. 1911: Assistant Draftsman, Navy Yard, Puget Sound, Washington July 11, 1911 to October 26, 1912. Letter of reference in family file. 1912: Draftsman in Public Works Department from November 1912 to January 1914. Letter of reference in family file. 1914: In charge of the structural steel and reinforced department of Honolulu Iron works from August 1914 to May 1917. Letter of reference in family file. 1915: Serial No. 42181, File No. L.910, Issue Number 1.1., Department of Commerce and Labor, Steamboat Inspection Service License to operate/navigate vessels not exceeding 65' in length or 15 gross tons, motorized carrying passengers for hire. Valid for 5 years in Steamboat Inspection District of Honolulu, Hawaii. Dated August 12, 1915. License in family file. 1917: Ship draftsman at Navy Yard, Pearl Harbor. Furloughed without pay from December 26, 1917 for duration of war. Letter of reference in family file. Appointed Carpenter (Temporary) U.S.N., Assigned to United States Navy Yard, Norfolk, VA. Orders in family file. 1918: Orders to Carpenter Guy N. Rothwell, U.S.N. from Commandant's Office, United States Navy Yard, Norfolk, VA, April 22, 1918. Detached from Navy Yard, assigned to U.S.S. Hancock to relieve Assistant Naval Constructor E.L. Bass, U.S.N. Orders in family file. 1924: Registered Professional Engineer & Architect by Territorial Board of Registration for Professional Engineers Architects and Surveyors within the Territory of Hawaii May 13, 1924. Registration No. 109 in family file. 1967 renewal in family file. 1933: Appointed Lieutenant Commander in United States Naval Reserve January 31, 1933. Appointment paper in family file. 1932: Elected to 'Member' of the American Institute of Architects, Hawaii Chapter letter dated January 23, 1968, signed Howard M.Y. Wong, Secretary, Hawaii Chapter, A.I.A. Letter in family file. 1968: Appointed OMember EmeritusO of the American Institute of Architects, Hawaii Chapter letter dated 23 January 1968, signed Howard M. Y. Wong, Secretary, Hawaii Chapter, AIA. Letter in family file. Misc: Attended Oahu College (Punahou College, not to be confused with Punahou Preparatory). Graduated University of Washington, architectural engineering. Major buildings: Our Lady of Mystical Rose Chapel, Chaminade College; Damien High School; Roosevelt High School; ARMCO, first all metal pleasure craft made in Hawaii, 35' loa; Honolulu Hale (City Hall); Honolulu Stadium; King Street, Moanalua, and Wahiawa Bridges; Oahu Railway and Land Depot; Harris Memorial Church; Boys Athletic Hall at Palama; Hilo Armory; First National Bank Building; Charles H. Atherton House (dormitory) University of Hawaii; original gymnasium at U. of H.; Beretania, Kalihi and Kaimuki pumping plants for Sewer and Water Commission. Appointed Board of Hospitals and Settlement (Kalaupapa Leper Colony) 1931. Was present for disinterment of Fr. Damien De Veuster. Life member of the Honolulu Elks Lodge 616. Charter member of Waikiki Yacht Club, commodore 1958. Member Waikiki Beach Improvement Panel. Member Board of Harbor Commissioners 1957-1963. First captain of the Outrigger Canoe Club, 2nd dues paying member (1908). Ethnicity/Relig.: Roman Catholic Personality/Intrst: Fishing, boating (above from Eileen Richardson) Notes on Guy Nelson Rothwell--Source FWB 3rd I've put a few remarks here that weren't brought out in his obituary . The first thing one would notice about Guy Rothwell would be that he was short but feisty. From about the beginning of the war until he retired, I don't think there is any doubt that he was the most successful architect in the islands. However, I think what he would like to be remembered as is a man of the sea. He loved his boat, fishing, taking charter parties --just being on the water. He was a good instructor.1 didn't know much about running boats when I went to live with him, but he changed that quickly. His philosophy of life was tied closely to his seamanship. One of his themes was that there are some things that you have to avoid because if you fowl up, you don't get a second chance. His first example was falling overboard at night. You avoided that by giving one hand to the boat and one to yourself--- always hang on. Another was that if the boat broke down in the Molokai channel and you couldn't fix it you might never be heard from again. So he taught me to fix anything that might break down even before I could properly steer the boat. As soon as I could dock the boat and pull out of the dock without causing damage, I was in charge of running it. From then on he entertained the fishing parties or his friends and I was the designated driver. On the boat or anything else in life he believed in letting a person make mistakes -- and paying the penalty (except in the things you don't get a second chance on). One of his ancestors was Lord Nelson (what they said at the time but may not be true) and his grandfather was a sea Captain who settled in the islands. One of his duties as the Naval Aid to the Governor was to participate in the Navy's 'attack' on Hawaii during the maneuvers that took place every few years. In these maneuvers the Navy tried to capture the islands, and the Army defended the islands. The army was judged to win in all but one of the maneuvers. The navy's only victory came on an attack that he helped plan, and it was executed exactly like the attack that the Japanese made on December 7, 1941. The navy had waited for a cloudy day (the Japanese were just lucky that it was cloudy), it was a surprise, the planes attacked from the windward side of the island and hit the same targets He visited us in Seattle on his way to a meeting back east for Chaminade College. He was 80 years old and acting like he was 20. Dorothy, Gail and I went up lake Chilan to Staheken with him and had a really good time. Gail was 9 or 10 years old. Louis died of a long term illness within a year. He was his usual self at her funeral, then died of a heart attack about a week later. The following obituary from the Honolulu Advertiser does a good job of describing him and his life. Kamaaina Guy Rothwell dies; was 80 Guy N. Rothwell, kamaaina architect, businessman and public servant, died Friday. He was 80. Services for Mr. Rothwell are pending. Burial will be at National Memorial Cemetery of the Pacific. Mr. Rothwelll is survived three sons, Frank N. , Robert M. and Guy N. Jr., all of Honolulu; a daughter, Mrs. Mary Louise Lloyd of Pitsfield , Mass,: a sister Mrs. Thelma Rogers of Berkeley, Calif.; 19 grandchildren and one great-gandchild. Mrs. Mary Louise Rothwell, Mr. Rothwell's wife of 53 years, died March 2. WITH MR. ROTHWELL'S death, Hawaii lost another of its "true" Hawaiians. Or as Mr. Rothwell said in an interview early this month with Advertiser columnist Sammy Amalu: 'I was born in 1890 when Hawaii was still a monarchy. I was born a Hawaiian...... 'My family were imprisoned and exiled because we supported Queen Liliuokalani. We were royalists. We fought for Hawaii's last Queen. 'We were indeed truly Hawaiian, and without a drop of that blood in our veins.' SAID AMALU of Rothwell's comments: OAnd of course, Guy Rothwell was telling the truth. He told the stories of that band of haoles who were loyal to the Hawaiian Kingdom, the royalists. And who else is left to tell their story, one that has never yet been told? 'When Guy is gone, how bare indeed will be the marketplace.' MR.. ROTHWELL was born in Honolulu on Nov. 9, 1890, the son of John George and May Haley Rothwell. His maternal grandmother was Charlotte Brown Haley, daughter of the English seaman, Capt. Robert Brown, who once owned Kahuku ranch in Kau, Hawaii, and came to the Islands in 1838. He attended Punahou School here during 1899-1900 and 1904-1909, then went to high school in Seattle, where he also continued his education at the University of Washington. AFTER GRADUATION from the University of Washington in 1911 with a degree in architectural engineering. Mr. Rothwell returned to Hawaii to do engineering with the United States Navy at Pearl Harbor. From 1915-1917, he worked with the Honolulu Iron Works Co. Also in 1917 on May 7, he married the former Mary Louise McCarthy, the daughter of Charles W. McCarthy, the governor of Hawaii from 1918-1923. From 1920 to 1923, he worked as an engineer with various construction contractors here, but in 1923 he went into private practice. IN 1925 HE formed a partnership with John H. Kangeter and Marcus Lester and designed and constructed some of the major buildings in Honolulu. Mr. Rothwell is credited with the construction of many buildings built during the time Hawaii was still a territory. He was one of the group of architects that designed Honolulu's City Hall, Honolulu Hale. Among other buildings planned by him were the Palama Settlement, Oahu Railway Passenger station and office, several buildings at Punahou School, the Hilo Armory building and the Kin Street, Moanalua, Haleiwa and Wahiawa bridges. He also supervised construction of the Bishop Trust building, Harris Memorial Church, the original gymnasium and Atherton House at the University of Hawaii, Roosevelt High School and the Beretania, Kalihi and Kaimuki pumping plants for the Sewer and Water Commission. IN ALL, Mr. Rothwell designed more than 1,000 structures on Oahu. In a newspaper interview in February, 1960, Mr. Rothwell said of Honolulu's turn -of - the century days: 'I first lived in Waikiki where the Moana Hotel now stands. The area as we know it today did not exist at the turn of the century. 'There were fish ponds, duck ponds and rice fields. Kalakaua Avenue was a winding road through the soggy ponds. They used to call Kalakaua 'Waikiki Road' then. It was an easier time to live. 'It used to take two hours by horse and buggy to get from Waikiki to downtown Honolulu, so only the wealthier people lived there' IN THOSE EARLY days, Mr. Rothwell was close to Hawaii's royalty. 'Queen Liliuokalani's mansion was downtown at Washington Place. I remember her well. She was a gracious lady, the best of her race. She had a beach house at what is now Kuhio Beach. It was a great place for the gang. She was a fine woman. Of course, there were those against her, but that was for political reasons' Of Prince Kuhio Kalanianaole, he said: 'Prince Kuhio--his nickname was Prince Cupid --was a fat, brown, jolly fellow --a very friendly man who typified the very finest. He was greatly interested in fishing. But he was a fantastic politician. He made a wonderful delegate congress. He was a fine gentleman. He always paid his bills. Prince Cupid was something of a poker player, but not much: his uncle, King Kalakaua, was the real poker player.' AND OF THE FIRST days of the Outrigger Canoe Club, a club which he helped found: OIn the midst of all this the Outrigger Canoe Club was built by Alexander Hume Ford. He was an author --and I guess something of a crackpot. The club was originally organized for the boys of Honolulu. But that didn't last long. Their mothers and fathers took over and I guess never let go. I was the first captain of the Outrigger in 1948, and its second dues -paying member in history. The first, of course, was Alex Ford.' DURING THE FIRST World War, Mr. Rothwell served 17 months in the U.S. Navy as an officer and one year with the Overseas Transport and Cruiser force. In 1930 he was appointed by Gov. L. M. Judd as special naval aide with the rank of Lieutenant, Naval Militia, Territory of Hawaii. He served in the capacity though JuddOs gubernatorial term, and later, on the staff of Gov. J. B. Poindester, served as an aide with the rank of Commander. Mr. Rothwell, as a reporter once commented was 'never ..... a man to suppress his gripes.' IN 1932 HE WENT on public record as saying that the City-County's handling of building projects was 'hideous and bungling.' In 1934 he 'pot-shotted at the theater code' here, and in 1945 he called the Territorial Building Code 'outmoded, ineffective and contradictory.' And in 1953 when he challenged a sweeping theory of city master planning, he was, according to a news report, 'believed to be the first private citizen ever do so.' OTHER POSTS held by Mr. Rothwell over the years included a four-year term (from May, 1935) of the Territorial Board of Hospitals and Settlements, membership in the American Institute of Architects and the Engineering Association of Hawaii and a regentship at Chaminade College. He was also a life member of the Honolulu Elks Lodge 616; a charter member and former commodore (1956) of the Waikiki Yacht Club; a member of the Waikiki Beach Improvement Panel; a member of the Harbor Commissioners Board (1957- 1958); and a past president of the Hawaii Chapter, AIA. Arrangements for Mr. Rothwell's funeral services are being handled by Borthwick Mortuary. This is an article that was in one of the Honolulu newspapers when Guy died. It is about Guy and Flora Rice who died on the same day. they lived lives of grace By Sammy Amalu (He wrote 'the world of sammy amalu') Chill winds blow across the bay, and the night birds cry along the cliffs. The night is dark tonight, and there are clouds over the face of the moon. There are no more dreams to be dreamed, for the hour of dreaming is done. There are no songs to be sung, for the time of singing is no more. Death has walked upon the shore tonight, and he walked not alone. IT IS NOT ENOUGH merely to live. One must do more. A man must walk tall over all the land. A woman must walk with grace. A man must erect monuments, that the earth will remember him after he has departed. A woman must walk with tenderness and gently, that the earth caress her feet and flowers blossom where once she trod. So did they walk, they who are dead this hour. So did they live their days. Nor did they take from earth more than they gave. They replenished the deserts and fashioned gardens out of the wilderness. They planted green trees where no trees had grown before. They brought forth new blossoms out of an and soil. They left the earth a better place. Better because they had lived here. Better because of them. They brought forth new blossoms out of an and soil. They left the earth a better place. Better because they had lived here. Better because of them. THEY BOTH LOVED Hawaii. They loved her mountains and her seas, her skies and her rainbows. They loved the people, the simple people, the gentle people, the kindly people. And because they were simple themselves, gentle and kindly, the people loved them too. Perhaps this is after all the true measure of greatness. The only scale to weigh the worth of a life. They each walked their own way, but they both walked with a grace unmatched. He was a gentleman. She was a lady. Perhaps these two words describe them best.... HIS WAS A FAMILY that never failed in its loyal support of the Hawaiian throne. They had been ministers to the Crown. They had long served the sovereigns of Hawaii. And when there was rebellion over the land, their allegiance never wavered. They stood beside their monarchs. They were royalists, among that brave band of haole families who chose not to rebel against Hawaii's Queen. He was born on the very lands where 80 years later he was to die. He grew up in the days of the Monarchy, of the Provisional government, of the Republic of Hawaii, and the first years of American rule. HONOLULU THEN was a sleep town but a gracious one. And I think he loved it better the way it used to be even though he did as much as any to build a new city on these shores. For he was a builder. He reared mansions where there had been naught but wilderness. He was a native-born Hawaiian, a true Hawaiian. And I doubt that anyone ever loved Hawaii more than he. He was a Kamaaina, a child of the soil indeed. I have often wondered what were the elements necessary to fashion an Hawaiian. What ever they be, I think he had them. SHE CAME TO the Islands near 60 years ago and married a boy from Kauai. She never left. Instead, she weaved her own pattern into the fabric of her husband's family, one that had given to these Islands, and especially to Kauai, 150 years of devoted service. She was one of those women, peculiar to her own generation and perhaps peculiar also to these Islands, one of those women who knew how to be gracious.... THEY LIVED their days through and hour of great miracles. Born into the age of the carriage and the buggy, they lived to see man walk the face of the Moon. What more can anyone ask?.... Guy Rothwell was a gentleman, Flora Rice was a lady. No epitaph can better describe them. No words can tell more than these what they were. Ua like no a Ike me ka mele a ka makeke. O yes indeed, the marketplace is made more bare. And they who were lovely in their day are no more. THE CHURCH The church building was designed by Honolulu architect Guy H. Rothwell, who also designed the Gym (orignally also used as the Parish Mall) and Memorial Church School Building. It was completed on December 6, 1926, and contains many items of historical interest. The building utilizes the native lava rack stone in its structure, and features magnificent stained glass windows. Click MERE to read about the different stained glass windows, altar and other historical features of the church. APPLICANT: PALM5 HAWAII ARCHITECTURE PROPOSED DEMOLITION OF LIHUE SHELL ALOHA PETROLEUM 3-3178 KUHIO HWY LIHUE, HI 96766 AUTHORIZED AGENT: PALM'S HAWAII ARCHITECTURE 2970 KELE STREET #115 LIHUE HI 96766 SCOPE OF WORK: Demolition of existing roof canopy and convenience store. PROJECT DESCRIPTION: A. Historical Background: The Highway vicinity in Lihue is home of the historic Garden Island Service station. It is positioned at the Poinciana street access to Kuhio Highway. Adjacent to the north is the historic Lihue Theater which has been repurposed as Senior Housing with the historic highway facade maintained. On the other side of the Service Station is a Not Chinese Restaurant (previously Wendy's Circ.'84 Jack in the Box Circ.'85) and "7-11" on the same parcel. Further South along the Highway is the Garden Island Publishing and Garden Island Motors (1923) buildings. Across the highway are additional roadside services including a "Mc Donald's" and 76" station, Directly across the Highway on the Poinciana corners are "Pizza Hut" and the Chevron service station followed by a warehouse facility converted to various retail enterprises. On the subject parcel in addition to this service station are offices and retail enterprise located in the remodeled previous lube and paint facilities once associated with the service station? The complex was developed in the early 1930's by then reigning business interest as an extension of "Garden Island Motors". Record (see accompanying) shows the facilities were designed by arch itectlengineer Rothwell & Lester with the service Station and its unique roofing and rock work as the roadside feature in front of the garage area. The structure was completed in 1930. It featured a waiting room and thematic landscaping to compliment the rock work and fauve thatch roofing. That roof once colored tan has since returned to its original cement grey before being painted green more recently. The rock -work once natural with green tinted mortar has also been painted apparently to cover damage and increase waterproofing. B. Description of Proposed Addition and surrounding areas: As graphically represented on Sheet SP1- Site Plan, the existing Service Station is placed front center on the lot. It involves approximately one third of the property with another third parking and the remaining third retail/office facilities to remain. The parking area is paved and will remain as such. Minor landscape area exists adjacent to the "theater" property on the north. The current facility serves this busy intersection as a Shell gas outlet and associated convenience store. Its immediate neighbors across the Highway and to the north are also transit oriented businesses, serving the Highway. The operator, Aloha Petroleum as joint Owner with the Weinberg Foundation proposes an updated facility to continue the long tradition of Shell gasoline in this location. New facilities will include a steel flat roof canopy over new pump positions. The COK planning department has encouraged a canopy supported by rock veneer columns with mansard style roof edge. The convenience store facilities will be excluded. The applicant will work with the COK Planning Department to accomplish street front and pedestrian access in keeping with the intent of the Lihue Town Core Urban Design Plan. All functions will be located on one level and will be fully handicapped accessible. Following, please find a few photos of the existing property. w � I - - If - ��z ph w 29, � --s I S li� R _-et 1 •: -.9 Zt x 4 ` , _ r ' ,� .. .'� '� •* ids .aM ,. 3Vi� A*_ 100",. Present soffit condition at Rock wall veneer Signed: Palmer W. Hafdahl, AIA AUTHORIZED AGENT 41101.2015 Date X 101 191 HAWAII STATE HISTORIC PRESERVATION DIVISION Chapter 6E Historic Preservation Review Submittal Form For projects affecting buildings more than 50 years old. TMK: (4) 3-6-006:089 YEAR BUILT: 1930 STREETAODRESS: 3-3178 Kuhio HWY Island: TOWNIAREA: Lihue ZIP CODE: 96766 PROPERTY NAME: Lihue Shell HISTORIC NAME: Garden Island Service OWNER: Aloha Petroleum ARCHITECT (if known); Guy Rothwell OWNERTYPE: )I PRIVATE ❑ PUBLIC CONTACT # : (808) 246 - 4796 EMAIL @ Submittal Checklist: All submittals must include the following PLANS Plans must illustrate the building before and after the proposed work. Avery detailed project description will suffice for small projects. Anyplans larger than lIX17 must be submitted in a digital format. PLAN$ WELL L NOT BE RETURNEDI Share your knowledge (optional) Is the property associated with: XT. significant historical events; Examples: A buildingthat once housed an early school. - An old commercial district that represents a town's growth over time. - A building that once housed an important social organization. ❑ an exemplary design or construc- tion method; Examples: A representative work of a master architect. - The oldest brick building in the state. - A small farm house with exceptional examples of Japanese carpentry. -A military facility that illustrates cold war technology, lescribe this association: PHOTOS Include clear photos of each elevation as well as photos of the specific locations of the proposed work. Digital photos are ac- cepted and encouraged. ❑aprominenthistoricalfigure; Examples: The office of an important labor leader. - The halau of a prominent kumu hula. - The boyhood home of a president or world leader_ The studio of a locally significant artist, Elan archaeological site Examples: An important pre -contact habitation site. - The site of an important battle. - A plane crash site. any other important historical information you may know. Feel free to use multiplepages The service station is part of a robust development of early Lihue along then "government road" , now Kuhio Highway. It is adjunct to Garden Island Motors and representative of the growing commitment to automobile transportation and service to private vehicle ownership on Kauai. The station is unique for its "hawaiian" theme including imitation thatch roofing. Rev. 3/13 MKE ASSOCIATES LLC Structural Engineers ,Aiea Commercial Center Suite 205 99-205 Moonalua Road Aiea, HI 96701 • Phone: (808) 488 7579 Fax: i808) 488-7818 E-Mail: mke@mkellc.com May 14, 2015 Mr. Dan Lyman Aloha Petroleum P.O. Box 500 Honolulu, Hl 96809 Subject: Structural Assessment of Aloha Petroleum Lihue Station 33178 Kuhio Highway, Lihue, Kauai Dear Mr. Lyman: At your request, we had the opportunity on May 7, 2015 to review the condition of the Lihue Aloha Petroleum Station located on 33178 Kuhio Highway, Uhue, Kauai, This review was requested to assess the structural integrity of the station with regard to deterioration of the structural framing. This letter reports our findings. The station is a one-story structure, T-shaped in plan, with a steeply sloped (approximately 12:12) hip roof (Photo 1). The structure is constructed of a wire mesh reinforced mortar topping roof cast on wood plank roof sheathing that is supported on 2x6 rough framed rafters spaced at 17 in. The rafters span to 2x8 ridge, hip and valley framing. Ceiling joists spaced at 17 in, support a metal lath and plaster ceiling. The front portion of the structure over the pumps is supported on wood beams spanning to stone masonry posts while the rear portion of the structure is supported on stone masonry walls. Our scope of work consisted of a visual observation of the structure as could be viewed from the exterior and interior ground Ievel and from the attic space. Hidden conditions such as those covered by roof, ceiling, wall and floor coverings were not reviewed during our visit. From our review, we have the following observations: • Extensively termite and dryrot deteriorated roof plank sheathing (Photo 2), roof rafters (Photos 3 and 4) and valleys (Photo 5) were observed over large portions of the roof. It is estimated that 50% of the roof sheathing and framing is deteriorated, with the deterioration located primarily at the bottom half of the roof and at the valleys. The presence of a bent vertical brace indicates that the roof may also be sagging (Photo 6). • At some areas, the roof plank sheathing was deteriorated to the degree that it had fallen away, exposing the mortar topping above (Photo 7). Exposed wire mesh reinforcing at the bottom of the topping was observed to be severely corroded and the mortar was observed to be cracked. Daylight was visible through some of the cracks. • It is estimated that 25 to 50% of the ceiling joists are termite deteriorated with much of the deterioration located at the ceiling perimeter (Photo 8). • The majority of the eave soffit plaster around the perimeter of the building is cracked and delaminated (Photos 9 and 10). This deterioration coincides with the deterioration in the supporting eave framing above. From our observations, it appears that water has been infiltrating through the mortar topping, resulting in corrosion of the embedded wire mesh reinforcing and cracking of the mortar, although some cracks and joints may have already been present in the topping from the initial construction. This water infiltration has likely resulted in the extensive termite and dryrot deterioration in the roof and ceiling framing as well as the cracks. delaminations and corroded lath at the perimeter lath and plaster ceiling. May 14, 2015 Structural Assessment of Aloha Petroleum Lihue Station Aloha Petroleum 33178 Kuhio Highway, Lihue, Hawaii Page 2 of 2 Repairs to the structure will require replacement of the majority, if not all of the roof and ceiling framing. This will also require replacement of the roof topping mortar and lath and plaster ceiling that is supported on the roof framing. In addition, large portions of the roof topping mortar and lath and plaster ceiling may require replacement due to the cracking, delamination and reinforcing corrosion observed in these elements. If the entire roof coverings and framing are to be removed and replaced, the supporting stone masonry columns and walls below which appear to be unreinforced should also be retrofitted or replaced, as this type of unreinforced construction does not meet current construction standards. Due to these conditions, repair and retrofit of the structure is not feasible and the entire structure should be removed and replaced. The opinions and comments formulated during this work are based on observations made at the time of the investigation. No guarantee or warranty as to future life, performance, or need for repair of any reviewed conditions will be expressed or implied. This work does not include an assessment of mechanical, electrical, geotechnical, hazardous materials or other nonstructural conditions. Compliance with any specifications and legal or code requirements, except as expressly noted, is specifically excluded from this work. Please call us should you have further questions on this matter. Sincerely, MKE Associates LLC Glenn H. Miyasato, P.E. Its Member Enclosures: Photos 1 through 10 May 14, 2015 Structural Assessment of Aloha Petroleum Lihue Station Aloha Petroleum 33178 Kuhio Highway, Lihue, Kauai Photos Photo 1. Photo 2. May 14, 2015 Structural Assessment of Aloha Petroleum Lihue Station Aloha Petroleum 33178 Kuhio Highway, Lihue, Kauai Photos Photo 3. Photo 4. May 14, 2015 Structural Assessment of Aloha Petroleum Lihue Station Aloha Petroleum 33178 Kuhio Highway, Lihue, Kauai Photos Photo 5. Photo 6. May 14, 2015 Structural Assessment of Aloha Petroleum Lihue Station AIoha Petroleum 33178 Kuhio Highway, Lihue,.Kauai Photos Photo 7. Photo 8. May 14, 2015 Structural Assessment of Aloha Petroleum Lihue Station Aloha Petroleum 33178 Kuhio Highway, Lihue, Kauai Photos Photo 9. Photo 10. 04 David Y. Ige GOVERNOR. OF HAWAII DATE TO: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 K.AMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 November 30, 2016 LAG: 2016.02602 DOC: 1611AB 13 Don Hibbard 45-287 Kokokahi Place Kaneohe, Hawaii 96744 SUBJECT: Mrs. Mary S. Rice Beach House Kipu Road Kipp Kai, Hawaii 96756 (4) 3-1-001:003 Kipp Kai Ahupua`a, Puna Moku, Island of Kauai Aloha, SUZAN14E D. CASE CIIAMPERSON BOARD OF LAND AND NATURAL RESOURCES OCMU➢SSION ON WATER RESOURCE MANAQEMENT KEKOA KALUHIWA FIRST DEPUTY JEFFREY T. PEARSON ❑EPUTYDRECRIR - WAl}=R AQUATIC RESOURCES BOATING AM OCFIsNRECREATION BUREAU OF CONVFYANC73.5 COMMISSION ON WATER RBSOURCEMANAGEN EITT CONSERVATION AND COASTAL LANDS CONSERVATIONAND RESOURCES ENFORCEMENT 1IDIGINrX%1NO POR&STRY AND WiLDLYL HISTORIC PRESERVATION KAHOOLAWE ISLAND MERVE COMA BSION LAM STATEPARKS The State Historic Preservation Division (SHPD) was pleased to receive your nomination for the Mrs. Mary S. Rice Beach House. SHPD would like to place this nomination on the agenda for the March 3, 2016 Hawaii Historic Places Review Board (HHPRB) Meeting. The board will render a decision on the placement of the nomination on the Hawaii Register of Historic Places and make a recommendation for consideration to the National Register of Historic Places. The HHPRB may ask for additional information. The State Historic Preservation Division offers the following comments: Section 7 Architectural Classification: Based on the description of the property, SHPD recommends classifying the house as other: plantation. The description of the property illustrates that the house has a number of features common to the plantation style, such as its form, single wall construction, double pitched gable roof, post and pier foundation, and the use of tongue and groove boards. Section S Justification of Significance: Please remove the section of the period of significance justification stating that "The period of significance is based upon the time when the property made the contributions or achieved the character on which significance is based" and "Fifty years ago is used as the closing date for periods of significance where activities begun historically continued to have importance and no more specific date can be defined to end the historic period". Narrative Statement of Significance: Expand your argument for significance under Criterion A. Please explain why beach retreats are significant to Hawaii's history and who generally utilized these properties. Expand on the importance of Kzpu Kai ranch in Kaua`i's ranching history. "Cattle Ranching is a Cherished Way of Life" states that all of Kaua`i's bulls were obtained from Kipu Kai Ranch in 2001, Please corroborate that Kipu Kai Ranch provided bulls for all ranchers on island during the property's period of significance. TAN 2 6 2017 SHPD would like to receive these revisions by Monday, January 2, 2017 in order to be placed on the March 3, 2017 agenda. Please provide the revisions in Microsoft Word format to Megan.Borthwick@hawaii.gov. SHPD requests that you present this nomination to the Kauai Historic Places Review Commission (KHPRQ for comment. The commission meets the last Thursday of every month. Contact Myles Hironaka or Ka'aina Hull at the Kauai Planning Department for placement on an agenda. Comments from the KHPRC trust be given to SHPD by Friday, February 17, 2017. Please contact Anna Broverman at (808) 692-8028 or at anna.e.broverman@hawaii.gov for any questions regarding this letter. M� ahalo�,/ Kaiwi Nui Yoon Architecture Branch Chief CC: Ms. Jen-L W. Lyman, Owner Ka'aina Hull First Hawaiian Bank Deputy Planning Director Personal Trust Division Planning Department P.O. Box 3708 County of Kauai Honolulu, Hawaii 96811 khull@Kaua`i.gov Historic Photograph Circa 1895, ostrich in foreground, house behind ostrich Sections 9-end page 1 USGS Map Sections 9-end page 3 NPS Form 10-900 United States Department of the Interior National Park Service OMB No. 1024-0018 National Register of Historic Places Registration Form This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented, enter "NIA" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. 1. Name of Property Historic name: Mrs. Mary S. Rice Beach House Other names/site number: Jack Waterhouse Weekend House, Kipu Kai Ranch Name of related multiple property listing: NIA (Enter "NIA" if property is not part of a multiple property listing 2. Location Street & number: Kipu Road City or town: _ Kipu KaiState: Hawaii County: Kauai Not For Publication: F-1 Vicinity: I I 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this — nomination request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property meets does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: _national _statewide X local Applicable National Register Criteria: X A _B _C _D Signature of certifying official/Title: Date State or Federal agency/bureau or Tribal Government 1 National Park Service I National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-001 B Mrs. Mary S. Rice Beach House Name of Property In my opinion, the property _ meets Signature of commenting official: Title . Kauai Hawaii County and State does not meet the National Register criteria. 4. National Park Service Certification I hereby certify that this property is: entered in the National Register _ determined eligible for the National Register determined not eligible for the National Register removed from the National Register other (explain:) Signature of the Keeper 5. Classification Ownership of Property (Check as many boxes as apply.) Private: FX1 Public — Local F I Public — State F-1 Public — Federal F I Category of Property (Check only one box.) Building(s) FX1 District F I Site F-1 Structure F I F-1 Date State or Federal agency/bureau or Tribal Government Date of Action Sections 1-6 page 2 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Name of Property Object Number of Resources within Property (Do not include previously listed resources in the count) Contributing Noncontributing 6 1 10 16 2 Kauai Hawaii County and State buildings sites structures objects 3 Total Number of contributing resources previously listed in the National Register None 6. Function or Use Historic Functions (Enter categories from instructions.) Domestic/Single Dwelling Current Functions (Enter categories from instructions.) Domestic/Single Dwelling__ Sections 1-6 page 3 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Name of Property 7. Description Architectural Classification (Enter categories from instructions.) Other_ Plantation Kauai Hawaii County and State Materials: (enter categories from instructions.) Principal exterior materials of the property: _ wood tongue and groove walls, standing seam metal roof, wood post and pier foundation., concrete slab foundations Narrative Description (Describe the historic and current physical appearance and condition of the property. Describe contributing and noncontributing resources if applicable. Begin with a summary paragraph that briefly describes the general characteristics of the property, such as its location, type, style, method of construction, setting, size, and significant features. Indicate whether the property has historic integrity.) Summary Paragraph Kipu Kai is the makai (ocean) most part of the ahupua`a of Kipu in the Lihue district on the island of Kauai. The isolated, 1,096 acre valley is separated from the rest of the island by the Haupu mountain range and includes approximately two miles of shoreline flanked at either end by sea cliffs. Serving originally as a retreat, and later as a cattle ranch, the original 1880s Mrs. Rice beach house still stands. The single story residence follows a southern cabin form, and has had several additions made to it. One, a large gable roofed lanai, extends off the front, while shed roofed lanai extend off the rear. A kitchen and dining room, as well as a bedroom wing run off the left side. All of these additions are over fifty years of age and considered historic. In addition to the main house, three ancillary dwellings, three outbuildings, and twelve support structures are associated with the house. Mount Haupu, which rises to 2,297 feet, towers over the valley. In total the house and grounds with which it is associated comprise approximately thirty (30) acres. The house has 3,196 square feet of living area, it is in good condition and retains its historic integrity of design, materials, workmanship, setting, location, feeling and associations. Section 8 page 4 United States Department of the Interior National Park Service I National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Name of Property Narrative Description Hawaii County and State Kipu Kai is accessed via a single lane, paved road that winds through a gap in the mountain range and down to the main house. The road was constructed in 1951, following the route of an earlier foot and horse trail. From the 834' high gap the road winds down the mountain side for approximately a mile before entering a wood gate, beyond which is the Mrs. Mary S. Rice beach house. An unpaved driveway accesses the house and the buildings beyond. The Mrs. Mary Rice beach house (Building Key Building 11) sits on a high dune and faces south, overlooking a crescent bay and the approximately half mile long, white sand Bath Tub Beach. The house is surrounded by a lawn, while naupaka (Scaevola sericca) and low trimmed iron wood (Casuarine equisefifolia) grow between the house and beach. The rectangular shaped, 37' x 40' main body of the house has a high pitched, lateral running gable roof with shed roofs to the front and rear. The house sits on a post and pier foundation with a lava rock periphery. Its roof is standing seam metal, and much of its original single walls have been clad in T-111. The west gable end retains its board and batten wall. On the south side of the house a historic, but not original, enclosed lanai with a front facing gable roof runs across the original fagade. The rectangular lanai measures approximately 17' x 40", and appears to date from the opening decades of the twentieth century. It has in its front wall three pairs of large, sliding windows, with two pair of small sliding windows beneath the middle large window. To the right of the large windows are two pairs of smaller sliding windows, and four similar smaller sliding windows on the right side of the lanai. On the left side is a hinged, aluminum framed, single pane, entry door flanked on either side by large sliding windows similar to those on the front. All the windows are single pane and vinyl, having replaced earlier windows which deteriorated in the salt air. The lanai has a concrete floor and an open beam ceiling. In the northeast corner of the room is a rustic stone fireplace, which was built in the immediate post-war period. The porch of the original house overlooks the lanai from its rear, mauka, side. Standing above the lanai, the porch is accessed by three wood steps which run the length of the porch. The porch retains its historic tongue and groove floor and four chamfered columns and is sheltered by the original shed roof. At the rear of the porch is the main house's historic tongue and groove walls. Three doors, each with a screen door, lead off the porch's rear wall and into the house. Each door accesses a separate room, with the narrow, middle room most likely originally serving as an entry hall, but now is utilized as a library. To either side of the library is a bedroom. These rooms do not connect and their front doors serve as their only access. The rear of the library opens on a lateral running hall which accesses a back bedroom at either of its ends. Both these bedrooms have panel doors with a glass upper panel. All five rooms retain their original floors and tongue and groove walls. The walls feature internal girts and in some instances also have cross bracing. The ceilings Section 8 page 5 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State are of brown masonite and pre -date World War II. Each bedroom has a bath, all of which are updated and have doors to the outside. The two rear bedrooms' baths have doors opening onto a rear, covered lanai which is a non -historic addition. A door to the left of the front porch opens on an exterior porch/passageway, which serves to connect the main house to the dining room/kitchen wing. This wing appears to have been built contemporaneously with the main body of the house. The kitchen/dining wing has a standing seam metal, lateral running gable roof and sits on a post and pier foundation. The porch/passageway has a lateral running gable roof and a concrete floor. Two concrete steps lead up to the porch from the front yard. A door at the rear of the porch leads into west front bedroom's bathroom. A screen transom is over the door, and the rear, mauka wall of the bathroom has a pair of six pane, wood sliding windows. A historic, five panel door at the west end of the porch leads into the dining room. The dining room has tongue and groove walls with a girt, which serves as a plate rail. Its ceiling is also of tongue and groove and follows the slope of the gable roof. A picture window, flanked by a pair of single pane sliding windows on each side, provide a panoramic view of the bay in front of the house. A set of glass sliding doors in wood frames are in the rear wall of the dining room and lead out to a lanai, which is sheltered by a shed roof. A historic, four panel door in the west wall of the dining room leads into a passageway and pantry and then another four panel door opens on the kitchen. The passageway's mauka wall is made of diamond shaped lattice. Its makai wall is of tongue and groove, with a lattice covered opening between the partition wall and the ceiling. A door in this wall opens on the pantry with its cabinets lining the west wall. A single pane, fixed window is in the pantry's makai wall. The kitchen has a linoleum floor and a v-joint canec ceiling, which conforms to the slope of the gable roof. Its cabinets and wood counter top appear to date from the 1930s- 1950s period. The upper cabinets on the east wall open into the pantry cabinets. The sink and its adjoining counter are of stainless steel. Two pairs of single pane sliding windows are in the south wall and look out on the beach and ocean. Outside this window is a round, concrete cistern, which is approximately 7' in diameter and no longer in use. A wood, 1 x 1 double hung window is in the kitchen's north wall, to the left of a hinged two panel door with an upper window. This door has a sliding screen door and exits the kitchen onto the rear lanai. The rear lanai is sheltered by a shed roof and runs across the rear of the dining/kitchen wing. The longer, east part of the lanai has a wood, tongue and groove floor, which is one step above a sandstone paved west end. The former fronts on the dining room and pantry area, while the latter fronts on the kitchen. A fireplace/cooking grill, made of firebrick, is in the inside, west corner of the lanai. A cmu wall wraps around the corner behind the fire place and a metal hood is above it. The west end of the lanai is enclosed by a tongue and groove wall with a pair of wood, single pane, sliding windows. The lanai's sandstone paving is level with the lawn with lava rock pavers extending the Section 8 page 6 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State lanai floor beyond the roofline and out into the lawn. The wood floored portion of the lanai has a wood railing with 2" x 2" balusters and a set of two wood steps leading down to the lawn. The east wall of the lanai is sheathed in corrugated metal. The lanai has a masonite ceiling. Beyond the kitchen/dining room wing is a guest bedroom wing, which appears to date from the twentieth century, most likely prior to World War II. This wing steps down from the dining/kitchen wing and also has a lateral running gable roof. It too sits on a post and pier foundation with a lava rock periphery, and contains three bedrooms. The bedrooms are entered on the mauka side off a Ianailwalkway which is recessed under the roof of the wing. Three 4" x 4" columns support the roofline at the outer edge of the lanai. The wall on the mauka side of the wing is of board and batten. Each room is entered from its own door. These doors are all two panel, with the upper panel being a window. The eastern most room has a jalousie window in its north wall and the middle room simply has a screened opening in that wall. All three rooms have vinyl sliding windows in their south wall, with the middle room having two sets. The eastern most room has tongue and groove interior walls and floors, while the other two rooms have board and batten walls on the interior. The middle room has a plywood floor and a built- in desk in the corner, while the western -most room has a linoleum floor and built-in shelving. Two jalousie windows are in the western -most room's west wall. All the rooms have masonite ceilings which follow the slope of the roof. Across from the western -most room, to the north, is a bathroom. It has a pair of jalousie windows in its north wall, which feature fluted glass. On the east side of the bathroom an L-shaped concrete ramp with a turn to the west goes down to an addition, which contains a bedroom, garage and laundry room. This addition sits on a poured in place concrete slab foundation and has tongue and groove walls which rise from two courses of cmu block. It too has a gable roof, although the bedroom in the northeast corner is covered by a shed roof which slopes down to the east. The bedroom has a pair of jalousie windows in its north and east walls and a 8.5' high canec ceiling. It is in the corner of the garage, which is open on its west end. A flat arched opening in the garage's south wall opens on a storage/work room, which has a pair of jalousie windows in its west wall. In the southeast corner of the garage three concrete steps lead up to a laundry room, which has an exterior door in its south wall and a window opening with no window in its west wall. The laundry room is finished with plywood walls. In addition to the main house, there are three other houses on the property. These are all sited to the west of the main house, and include a former bunk house, a guest house, and a caretaker's cottage. These are all aligned along the entry drive, which runs past the Mother Rice beach house and continues in a westerly direction serving the buildings adjoining the beach cottage. The former bunk house, or "cowboy east," (Building Key 10) is the closest building to the beach cottage. According to the tax records it was constructed in 1894 and remodeled in 1970. It is presently vacant, but remains in good Section 8 page 7 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State condition. The house has a 24' x 32' rectangular footprint, to which a 10' x 16' carport was added to its left side. The carport's concrete floor has "1986" imprinted in it. The house faces south, away from the drive, although its carport opens on the north, entry drive side. A lateral running, corrugated metal, gable roof covers the house, while a similarly clad shed roof shelters the carport. Almost all the windows are more recent vinyl clad, single pane sliding windows, although the bathroom retains a pair of jalousie windows. The original board and batten walls are now clad in T-111. The house sits on a post and pier foundation with a horizontal 1" x 6" slat apron. Two concrete steps lead up to a non -historic, front door at the east end of the facade. The door opens on a living room which has 8' high canec ceilings and board and batten walls. The latter is a common late nineteenth -early twentieth century mode of construction. This wall and ceiling treatment runs throughout the house. To the west of the living room is the kitchen. A door in the kitchen's west wall opens on four concrete steps which go down into the carport. Behind the carport is a laundry room. A flat arched opening in the living room's north wall opens on a lateral running hallway. Two bedrooms and a bath are off the hallway, with the bedrooms at the ends of the hallway and the bath and a linen closet in the middle. The bathroom retains a historic five panel door and its original knob and hardware, which most likely dates from the late nineteenth -early twentieth century. The jalousie windows are in the bath's mauka wall. The house retains its integrity of design, workmanship, setting, location, feelings and associations, although its integrity of materials has been compromised on the exterior. It is in fair condition and is a contributing element. 2. The caretaker's cottage (Building Key Building 8) is to the west of cowboy east. According to the tax records it was constructed in 1970 and is a non-contributing element. This single story dwelling remains in good condition. 3. The guest cottage, or "Cowboy West," (Building Key Building 4) is to the west of the caretaker's cottage. According to the tax records it was constructed in 1951. At the present it is vacant, but remains in good condition. The house has a 31' x 40' rectangular footprint, to which a 16' x 19' carport was added to its west side. The house faces north, and has a lateral running, standing seam metal, gable roof. A shed roofed addition runs across its south side. The two bedroom dwelling sits on a post and pier foundation, while its addition has a concrete slab foundation. The house retains its redwood tongue and groove walls. A set of nine wood steps run parallel to the facade to a landing which serves as an entry porch, The steps and landing, while projecting from the facade, remain under the roofline of the house, and feature a railing with 2" x 2" balusters. 'A picture window, with a pair of jalousies with wood slats beneath it, looks out on the steps. To the left of the steps and picture window is a pair of jalousie windows. The interior of this house remains very much intact It retains its canec ceilings and its v-joint tongue and groove walls. The kitchen retains its original cabinets as well as stainless steel sink and adjoining countertop. The original jalousie windows remain in place, as does the living room's two picture windows. The rear addition is four steps below the main body of the house and served as a Section 8 page 8 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NP5 Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State recreation room. A set of aluminum sliding doors lead from this room to the carport. The house remains in good condition and is a contributing element. Between Cowboy West and the Caretaker's cottage are two structures. The larger one is a 12' x 24' storage shed (Building Key Building 7). It faces north and one concrete step leads up to its nearly centered door. The building has a standing seam metal, lateral running, gable roof and sits on a concrete slab foundation. Its tongue and groove walls are sheathed in T-111. A picture window is to the right of the door. On the interior there are two rooms, with the smaller one to the east. The larger room, in addition to the picture window, has a jalousie window in its west and south walls. It once functioned as the ranch office. The smaller room has a side entry in its east wall and is used for storage. The structure is in good condition and is a contributing element. The second structure measures 8' x 12', and has a concrete floor. It is enclosed on three sides by chain link fencing and is divided into four pens. The rear, south, part of the structure is enclosed by metal walls that rise from a cmu base. The rear has an elevated area and is sheltered by a standing seam metal, shed roof. The structure appears to have been used to house animals, most likely birds, as peacocks, pheasant and nene were all raised on the property. This structure is in fair condition and is a contributing element. Between the beach cottage and Cowboy East is another structure (Building Key Building 9), which is modern and holds solar panels to generate power for the entire property. It is in excellent condition, and is non-contributing. Beyond the houses, the entry drive passes by three utilitarian buildings used by the former ranching operations. These are: A single story garage and warehouse (Building Key Building 6), which measures approximately 23' x 32', is constructed of cmu and has a corrugated metal, shallow pitched, shed roof. The roof structure is comprised of 4" x 4" angle iron beams and columns and 2" x 4" channels as perlins. It is on the mauka side of the drive and faces south onto the drive. It sits on a poured in place concrete slab foundation. It is three bays wide. The eastern -most bay is a garage. It is open on the south and there are two sets of three jalousie windows in its east wall. A set of four jalousie windows is in its north wall. The middle bay has a set of tongue and groove double doors in its south wall. This space is presently used to store pesticides and has two jalousie windows in its north wall. Its side partition walls each have three high window openings. The west bay is open on its west end. While it is under roof, its cmu wall is only 56" high, with the upper portion of the wall enclosed with T-111. The tax office places the date of construction of this building at 1918; however many of its elements appear to date from the post -World War 11 period. It is in good condition and is a contributing element. Section 8 page 9 United States Department of the Interior National Park Service I National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State 2. To the south of the garage -warehouse, across the driveway is another single story garage, which includes a tool room and a tack room (Building Key Building 5). Formerly it also functioned as a milk barn. This 26'-6" x 65' rectangular building faces north, and has 6'-4" high cmu walls with T-111 above. It has a standing seam metal, lateral running gable roof. The roof is supported by seven wood king post trusses constructed of 4" x 6" timbers with 2" x 6" web members. The building is five bays wide. The eastern -most bay is open to the driveway and serves as a garage. It has a bank of eight jalousie windows along its east side and another set of four jalousies in the rear wall. Throughout the building the windows' sill line is the top of the cmu wall. The three middle bays are each accessed by a hinged door, each of which has a concrete ramp leading up to it. In addition to the doors, the north wall of these bays has jalousie windows in it, with three in the center bay and two in each of the bays to either side. The bay next to the garage is a tool room, with a cmu wall separating it from the garage. The wall originally had four screen openings, but the screening has rusted out. The middle bay has saddles in it as well as other equestrian materials, and the last two bays are now devoted to a garage and storage, with the garage open on the west side. Between the west garage and the tack room is a cmu wall with screening along the top half. A hitching rail is in front of the tack room. The tax office places the date of construction of this building at 1938. It is in good condition and is a contributing element. 3. To the west of the first two buildings is a third maintenance building (Building Key Building 3). Between this building and the garage -tack room building is a seven sided corral with a wood, post and rail fence. This large building follows a U- shaped plan and has a corrugated metal shed roof and similar siding. The building was resided during the past fifteen years. It measures approximately 38' x 108'- 6". The building is three bays wide and faces west. The bays are comprised of the central main body and wings to either side which project out from the rear of the main body. The northern most bay is the largest and measures approximately 46' across its front. Two 20' wide sliding doors dominate the front wall, and an 11'-10" sliding door is also on its north side. The doors throughout the building are also of corrugated metal. Also on the north side are two empty window openings. In the east wall there is two sets of three windows with the center window being a single fixed pane and the two flanking windows being single pane sliders. The floor is dirt, and the roof is carried by three front -to -rear running 4" x 12" 1 beam rafters which are supported by four 4" diameter pipe columns. The purlins are 2" x 8" 1 beams. The walls are framed using wood 4" x 4" lumber. The main body of the building is 22'-6" wide and has one 9'-8" sliding door. It also has a dirt floor and a roof and wall framing system similar to the two wings. The south wing is 40' wide and has a pair of 20' wide sliding doors on its west front and another 20' wide sliding door in its south wall. Also in the south wall is a bank of four clerestory height jalousie windows. In its north wall there is also a bank of six clerestory level jalousie windows. There is no wall between this wing and the main body of the building. It has a concrete floor and the fenestration in its rear wall is similar to that of the north wing. A Section 8 page 10 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No, 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State shed roofed addition is off the north wall of this wing, running the depth of the courtyard. It is accessed from the interior of the wing and is for storage. A cement cistern is in the courtyard area, but is no longer in use. A concrete water trough on the north side of this building bears the date "1924." The tax office places the date of construction of this building at 1950. It is in'good condition and is a contributing element. To the southwest of the maintenance building are two structures (Building Key Building 2). The one is a single story, 8' x 18' outbuilding with a corrugated metal shed roof. It has a concrete slab foundation with its walls rising from a 39" high cmu base. The walls are of tongue and groove and T-111. Its north side has a niche, in which there is a no longer operable gasoline pump. A hinged door in the west wall provides access to the shed, which appears to have been used for storage. The second structure, a former chicken coop, has a rectangular plan with tongue and groove walls, and a corrugated transite, shed roof. It faces east and has three parallel rooms. On both the east and west sides there is a screened clerestory immediately below the eave line. A hinged door in the northern -most room's east wall provides access. Doors in the partition walls allow access into the other rooms. The southern -most room has a wire mesh screen floor and west wall. A feeding trough is also in this wall. A hinged door in its south wall allows exterior access to this room. Both of these structures are in poor condition, but are contributing elements. Seven support structures are to the east of the beach house, on the east side of the road just before it enters the main gate. These provided the beach house and other facilities with electricity and water. These structures include: 1. The fuel tank storage shed (Building Key Building 14). This is one of four structures sited along the road and is the most makai. It is an approximately 22' x 27' cmu structure with no windows and a composition shingle, gable roof. It sits on a concrete slab foundation. This structure dates is in good condition and is a contributing element. 2. Immediately mauka of the fuel tank storage shed, along the road, is the diesel tank pavilion (Building Key Building 13). This 9' x 19'-6" structure faces the road (to the west) and is open on its front and rear sides. It has a concrete slab foundation and its two side walls and shed roof are of corrugated metal. Both the walls and roof have wood frames and are supported by six 4" x 4" metal I-beam columns. One flange on the I-beam is narrower than the other. Three pipe railings run across the front, and the rear is partially enclosed by an approximately 5' high cmu wall. The two diesel tanks sit on cmu bases. This structure dates from circa 1960, is in good condition, and is a contributing element. 3. Immediately to the east of the diesel tank pavilion is the generator shed (Building Key Building 13), which dates from circa 1960. This is a single story, 12'-5" x 18' — 5" structure. Its roof and walls are of corrugated transite. It faces north and is approached up a short gravel driveway which terminates at a concrete pad in Section 8 page 11 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-DO1 B Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State front of the structure. A sliding door is in the north wall and there are two jalousie windows in both the east and west walls. The building sits on a concrete slab foundation with an 8" wide, 11" high curb. There are three generators inside, two of which remain operational. This structure is in good condition and is a contributing element. 4. The well pump house (Building Key Building 12) is mauka of the generator building, and dates from circa 1950. It sits on a stone foundation and measures approximately 11'-2" x 12'. Its walls and front facing gable roof are of corrugated transite. It faces west and has a hinged door, also of corrugated transite. It houses the well's water pump. A gap exists between the walls and roof to allow ventilation. It addition a square opening in both the north and south walls with fixed awning windows of corrugated transite, provide additional ventilation. Towering over the well pump house is an I-beam framework, which originally supported the drill which sunk the well. This structure is in fair condition and is a contributing element. 5. A redwood water tank (Building Key Building 16) is makai of the structures along the road and uphill, to the southeast of them. The tank is abandoned and leaning. It is approximately 12' high and 16' in diameter. It is in poor condition and a contributing element. 6. A covered 125,000 gallon reservoir (Building Key Building 15) is uphill of the water tank. It measures approximately 54' x 87', and has an elliptical shape. The reservoir is dug into the earth and is lined with heavy plastic. It is enclosed by a 3'-6" high cmu wall and has a corrugated transite roof, which is supported by 6" x 9" 1 beams.. A hatch in the southeast corner provides access to the interior of the reservoir. Also in this corner is a concrete cistern which is approximately 6' in diameter and 69" high. It too is covered by corrugated transite. The reservoir is presently not in use, is in good condition, and is a contributing element. 7. A pair of more recent metal water tanks (Building Key Building 17) is uphill from the reservoir. These are in good condition, but are too new and therefore not a contributing element. The Mrs. Mary Sophia Rice beach house retains its historic integrity. The additions made to the house are over fifty years of age and have acquired significance in their own right. On the interior, the house retains its original porch, walls and some of its doors. Going inside the house is like stepping back in time as its historic materials, workmanship, and construction methods are readily evident. In addition, the pristine setting of Kipu Kai remains very much intact giving the house an extremely strong integrity of location, setting, feeling and association. The exterior walls and roof, as well as most of the windows, do not reflect the original materials; however, the historic design of the house is readily apparent. Compared to the overall integrity of the design and interior materials, as well as its setting, feelings and associations, the compromised use of exterior materials does not detract from the historic character of the house in any significant manner. Section 8 page 12 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Name of Property 8. Statement of Significance Kauai Hawaii County and State Applicable National Register Criteria (Mark "x" in one or more boxes for the criteria qualifying the property for National Register listing.) A. Property is associated with events that have made a significant contribution to the broad patterns of our history. F-1 B. Property is associated with the lives of persons significant in our past. F-1 C. Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. F-1 D. Property has yielded, or is likely to yield, information important in prehistory or history. Criteria Considerations (Mark "x" in all the boxes that apply.) F-1 A. Owned by a religious institution or used for religious purposes F-1 B. Removed from its original location F-1 C. A birthplace or grave F-1 D. A cemetery F-1 E. A reconstructed building, object, or structure F-1 F. A commemorative property F-1 G. Less than 50 years old or achieving significance within the past 50 years Areas of Significance (Enter categories from instructions.) Recreation Agriculture Section 8 page 13 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form ' 0-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House_ Name of Property Period of Significance 1886-1967 Significant Dates 1886 Significant Person (Complete only if Criterion B is marked above.) NIA Cultural Affiliation NIA Architect/Builder unknown Kauai Hawaii County and State Statement of Significance Summary Paragraph (Provide a summary paragraph that includes level of significance, applicable criteria, justification for the period of significance, and any applicable criteria considerations.) The Mrs. Mary S. Rice beach house at Kipu Kai is significant on the local level under criterion A, for its associations with the use of Kipu Kai as a vacation retreat and also for its associations with Kipu Kai Ranch. The 1886-1967 period of significance was chosen in accordance with the instructions on how to complete a national register nomination form provided in National Register Bulletin 16A: The start date is the year the house was constructed. The end date was set at 1967, to comport with National Register guidelines, From the time of its construction in 1886 to the present, Mrs. Rice's beach house at Kipu Kai has gained a reputation for being an isolated vacation enclave unto itself. In addition the ranching Section 8 page 14 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State operations at Kipu Kai Ranch contributed to the ranching industry of Kauai from the 1920s to 2005, when ranching operations ceased. Narrative Statement of Significance (Provide at least one paragraph for each area of significance.) At the time of the Great Mahele, the ahupua`a of Haiku and Kipu on the island of Kauai were awarded to Princess Victoria Kamamalu. In time, Princess Ruth Keelikalani inherited these lands. On April 1, 1881, she sold the two ahupuala to William Hyde Rice and George N. Wilcox, and three days later the two men divided the property, with Rice retaining Kipu. On April 21, 1886, Rice sold Kipu Kai to his mother, Mrs. Mary Sophia Rice. Mrs. Mary Sophia Rice (1816-1911), whose maiden name was Hyde, was born and raised on the Seneca Indian reservation near Buffalo, New York, where her parents served as missionaries. In 1840 she married William Harrison Rice, a teacher in Oswego, New York. Prior to their marriage the couple had decided to be a park of the endeavors of the American Board of Foreign Missions, and became members of the ninth missionary company to Hawaii, arriving on May 21, 1841. The young couple was initially assigned to Hana, Maui, and then, in 1844, to the faculty at Punahou School. In 1854, as a result of reduced fiscal support for Punahou School and Mr. Rice having a throat ailment, the family moved to Kauai, where Mr. Rice managed Lihue Plantation. The nascent plantation company was at times strapped for funds and on occasion paid Mr. Rice with shares in the enterprise in lieu of salary. In 1862 Mr. Rice passed away, leaving his widow and five children. William Hyde Rice was the couple's only son. In addition they had four daughters, Hannah Maria (Mrs. Paul Isenberg), Emily (Mrs. Paul De La Vergne), Mary Sophia, and Anna (Mrs. C. M. Cooke). William Hyde Rice married Mary Waterhouse. Upon obtaining Kipu Kai from her son, Mrs. Mary S. Rice had a modest beach house erected there, the subject of this nomination. In an April 10, 1886 letter to one of her granddaughters she wrote, "I feel now that I have a home to invite you to, Dora, at Kipukai, & as I am now 70, nearly, if you ever expect to come & spend a winter while I remain, may be this is the year. . . . We do not keep up great style there, but are surrounded with great natural beauty, the best of sea -bathing, much of interest and amusement." [Damon, pages 810-813]. In another letter, of April 22, 1887, she reiterates, "Kipukai house is nowhere, but I shall never attempt to make it the perfection of a seaside house." [Kraut, page 99] Indeed, up to the present day the house maintains an air of rustic simplicity. It possesses an unpretentious, understated character subservient to the natural beauty surrounding it, which the original owner appears to have intended. Section 8 page 15 United States Department of the Interior National Park Service I National Register of Historic Places Registration Form NPS Form 10-900 OMB No, 1024.0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State The beach and its adjoining ocean has functioned as a recreational resource in Hawaii from prior to contact with the western world. Lt. James King, Commander of the Discovery, recorded sighting surfers in Hawaii in 1779, and throughout the 1820s and 1830s missionaries bemoaned the Hawaiians' naked cavorting in the ocean waves. In Europe sea bathing started to become popular with aristocrats in the early eighteenth century with Scarborough in Yorkshire and Brighton Beach emerging as two of the earliest fashionable locations for sea bathing in England. The restorative health benefits of ocean salt water, as well as mineral hot springs, were emphasized as were social amenities associated with leisure. Throughout the nineteenth century the mountains with their rarified air were the favorite places to rusticate and commune with nature. However, during the opening decades of the nineteenth century hot springs emerged as popular health resort locations in the United States, as exemplified by Saratoga, New York and White Sulphur Springs in West Virginia, but it was not until the second half of the century that such bathing resorts as Cape May, Long Branch, Newport, and later Atlantic City, became popular venues. It is also at this time that the French Riviera gained public attention. In Hawaii, a/0, including Kings Kamehameha IV, Kamehameha V, and Lunalilio, as well as Kalakaua and Queen Liliuokalani, all maintained beach houses in Waikiki. Neighbor Island retreats such as Queen Emma's house at Lawai, Princess Ruth's house in Kailua-Kona, and Kamehameha V's cottage at Kaunakakai further attest to the lure of ocean front escape and relaxation. By mid-century, affluent foreigners also began to view second homes on the beach as get-aways from the normal routine of living, and the heat of summer. Prince Lot as head of the Department of Interior, in his 1860 report to the legislature noted that Waikiki was becoming, "a considerable place of resort," frequented by Honolulu's merchants, "as a bathing place in the summer." [Hibbard, The View from Diamond Head, p. 21] Waikiki, because of its easy accessibility, remained the primary ocean front retreat during the nineteenth century for people of means in Hawaii. In addition to Waikiki, a few other beach cottages were built during the nineteenth century in isolated, ocean front locations such as at Kipu Kai or Hanalei on the island of Kauai. In addition, Benjamin Dillingham started a beach colony on Pearl Peninsula which was serviced by his railroad (1891). Aside from Mrs. Rice's beach house, the A. S. Wilcox beach house in Hanalei (1896), and Queen Emma's cottage at Lawai, no other nineteenth century beach houses remain standing in the Islands. The Mrs. Mary S. Rice beach cottage is significant for its associations as a neighbor island beach retreat dating from the nineteenth century. Separated from the remainder of the island of Kauai by the Haupu mountain range, the beach house and surrounding valley was only accessible by sea or by traversing an ancient footpath through a gap in the mountains. The unimproved trail was too narrow to accommodate a carriage, so land access was on foot or by horse or donkey. To enter by land, the frail, seventy year old, Mrs. Rice was carried over the mountain by four men in a chair on poles. Thus from the start, this beach house, nestled in a 1,000+ acre valley, gained a reputation for isolation, and not being readily accessible. It was a special, hidden, private enclave, not Section 8 page 16 United States Department of the Interior National Paris Service I National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State easily visited, but once a person arrived, they found a place of peace and relaxation, free of the intrusions from the outside world. The guest book again and again echoes the praises of those who visited: "two delightful weeks in July, 1889 in Kipu Kai, full of rest, surrounded by enjoyment." [Guest Book, July 1889]; "With memories of such a week of rest and life-giving rides and breezes as I have nowhere else found, and in addition, the never to be forgotten hospitalities of the Kipu Kai house." [Guest Book, February 20, 1888]; and "I came, stayed as long as I could, Alas, Alas, not as long as I would" [Guest Book, September 9, 19011 Family, friends, honeymooners, weary teachers from Punahou and Kawaiahao Seminary, and a myriad of persons from throughout the Islands and beyond, came to visit. In addition to extolling the great natural beauty and the best sea bathing, the hunting and fishing opportunities from the plentiful land and ocean were countlessly acclaimed. Thus from its beginnings as a haven for rest, the house and its surrounding valley have developed a mystique as a special place, inaccessible to the majority of the population. To this day it retains its reputation as an extraordinary retreat, on account of its limited accessibility, hidden character and unspoiled surroundings. As one blogger in 2010 noted, "The combination of remoteness, seclusion, and sandy beach makes it one of those mythic `forbidden' places, coveted by modern-day explorers. Needless to say, I've always wanted to go there." [A Kauai Blog] As such the Mrs. Mary S. Rice beach house stands as an incomparably rare example of a nineteenth century vacation home on Kauai, a retreat from civilization sited on a remote and isolated beach. Indeed, it is a rare example of a nineteenth century building to remain standing on Kauai, as the number of nineteenth century buildings to survive on the island may be counted on two hands: the Russian Fort Elizabeth, Waioli Mission and Mission House, the Foreign Church, the Gulick -Rowell House, the Robinson homestead, the Gay -Robinson house, the A. S. Wilcox beach house, and Grove Farm Homestead. The house stands as a reminder of a way of life of a by -gone world. The house is also significant for its associations with the history of ranching on Kauai, specifically the William Hyde Rice Ranch and then Kipu Kai Ranch. Mrs. Mary S. Rice died on May 25, 1911. In her will of February 28, 1910, she left Kipu Kai to William Hyde Rice's five sons: Arthur, William, Charles, Phillip and Harold. William Hyde Rice (1846-1924) managed and then owned Lihue Ranch, expanding its operations into Kipu following the acquisition of that ahupua`a from Princess Ruth in 1881. At some point following Mrs. Rice's death cattle started to be raised at Kipu Kai, as part of the William Hyde Rice's 3,000 acre ranch, which had pasture lands at various locations on Kauai. In 1929 the William Hyde Rice ranch was one of eight ranches located on Kauai, and one of thirty nine in operation in the Territory of Hawaii. The Section 8 page 17 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State other seven Kauai ranches were: Grove Farm Company Cattle Ranch, Kekaha Sugar Company Ranch, Kilauea Ranch, Koloa Sugar Company Ranch, Lihue Plantation Ranch, the Hawaiian Sugar Company's Makaweli Ranch, and Princeville Plantation Ranch. Many of the cattle ranches in Hawaii were operated by sugar plantations desiring to place in production lands less suited for cane, selling much of the beef produced in their plantation stores. The William Hyde Rice Ranch was the only cattle operation on Kauai which was not associated with a sugar plantation. In 1929, William Hyde Rice's son, Charles, managed the ranch. At that time it included a herd of 900 Herefords and 80 Anshires. The Anshires were dairy cattle which William Hyde Rice had introduced to Kauai in the 1880s, importing the animals from England. The Herefords were the most popular cattle in Hawaii by 1929, having first appeared in substantial numbers in the islands during the 1890s. In 1929 the Rice herd contained only purebred Hereford bulls, as well as 26 purebred Hereford cows. The ranch also maintained 200 additional breeding cows. The ranch operated a highly successful breeding operation, with an approximately 90% calf crop secured each year. The ranch butchered around 200 head a year, with all the beef sold on Kauai. Kipu Kai primarily served as one of the William Hyde Rice Ranch's pasturelands, and it was not until after Jack Waterhouse (1906-1984) purchased the valley that substantial ranching improvements were made at Kipu Kai. Waterhouse had visited the house in 1931 with Mrs. Ralph Wilcox and wrote in the guest book, almost prophetically, "A dream come true." He later acquired the property from his distant cousins during the period 1947-1951. Fifty cows and four bulls came with the land purchase, as well as the house and several outbuildings. Waterhouse expanded the ranching operations and in 1951 developed and paved the single lane access road. The road not only improved human access to the valley, but also facilitated the transportation of cattle out of Kipu Kai. Prior to the road's allowing transport by truck, the cattle had to be herded by cowboys over the mountain pass, Other improvements included the drilling of wells and installation of a water system, the introduction of electricity, and the construction of new support facilities. By 1978 the Kipu Kai herd included over 350 beef and breeding stock. Thus the ranch is also significant for its associations with cattle production on the island of Kauai, The ranching operation came to a halt in 2005. John T. (Jack) Waterhouse was born and raised in Honolulu. He started working for Alexander & Baldwin in 1930, following his graduation from Princeton. In 1936 he became secretary of the company, and in 1952 vice president and treasurer. In 1977, Waterhouse agreed to deed Kipu Kai to the State of Hawaii. A trust was set up which provides the property be used as a nature preserve in perpetuity. Waterhouse's nieces and nephews have use rights to the property, but with their passing the land will be transferred to the State. Section 8 page 18 United States Department of the Interior National Park Service I National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State 9. Major Bibliographical References Bibliography (Cite the books, articles, and other sources used in preparing this form.) County of Kauai Tax Office records. Bureau of Conveyances: book 67, page 357; book 69, page 440; book 100, page 148; book 2066, pages 313-319 and 414, 479, and 482; book 2072, page 91; book 2095, page 258, book 2320, page 55; and book 2453, page 301. Probate Case 667, June 30, 1911 LCA 7713; RP 4482 Kipu Kai Guest Books, 1888-1908. Damon, Ethel, Koamalu, Honolulu: privately printed, 1931 Krout, Mary H., Reminiscences of Mrs. Mary S. Rice, Honolulu: Hawaiian Gazette, 1908 Misionary Album, Portraits and Biographical Sketches of the American Protestant Misionaries in the Hawaian Islands, Honolulu: Hawaian Mision Children's Society, 1969 "Mary Sophia Hyde Rice," The Friend, June 1911, page 7 "'Mother Rice Peacefully Succumbs to Her Master's Will, Hundreds of Floral Offerings Tenderly Placed," The Garden Island, May 30, 1911. A Kauai Blog, "Kipu Kai, Finally," March 10, 2008, viewed on October 2, 2016 at: hftp:t/great-hikes.com/blo-q/kipu-kai-finally/ "Jack Waterhouse at Kipukai," Ampersand, volume Xil, Spring 1978, pp. 11-17 "John T. Waterhouse and Kipu Kai," The Garden Island, September 11, 2016, viewed on October 2, 2016 at http://thegardenisland.com/lifestyles/iohn-t-waterhouse-and-kipu-kai/article 6cb2d7b5-b691- 5d29-a3b5-b276638b95e5.htm1 Chang, Lester, "Cattle Ranching is a Cherished Way of Life," The Garden Island, September 20, 2001, viewed on October 2, 2016 at http://thegardenisland.com/news/cattle-ranchinq-is-cherished-way-of-life/article ff48c66d- 2822-5593-84af-c 1 f760a4c7f8. html Sobolesky, Hank, "Island History", The Garden Island, July 23, 2010, viewed on October 2, 2016 at: http://thegardenisland.com/news/local/island-history-for-friday-iulv/article cc24b156-962b- 11 df-8a79-001 cc4c03286. html Sections 9-end page 19 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State Goodale, Holbrook Wich man, Hobey, Honolulu: Bess Press, 2011 Henke, Louis Albert, University of Hawaii Research Publication No. 5, A Survey of Livestock in Hawaii, Honolulu: University of Hawaii, 1929 Hibbard, Don, The View from Diamond Head, Honolulu: Editions Limited, 1986 Hibbard, Don, Designing Paradise, New York: Princeton Architectural Press, 2006. Nellist, George F., 'Rice, William Hyde," The Story of Hawaii and Its Builders, Honolulu: Honolulu Star Bulletin, 1925. Yamanaka, William, Kipu-Huleia, The Social History of a Plantation Community, 1910-1950, Seattle: privately published, 1996 Previous documentation on file (NPS): preliminary determination of individual listing (36 CFR 67) has been requested previously listed in the National Register !previously determined eligible by the National Register designated a National Historic Landmark recorded by Historic American Buildings Survey #_ _recorded by Historic American Engineering Record # recorded by Historic American Landscape Survey # _ Primary location of additional data: X State Historic Preservation Office Other State agency Federal agency Local government University Other Name of repository: Historic Resources Survey Number (if assigned): 10. Geographical Data Acreage of Property approximately thirty acres Use either the UTM system or latitude/longitude coordinates Sections 9-end page 20 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Name of Property Latitude/Longitude Coordinates Datum if other than. WGS84: (enter coordinates to 6 decimal places) Latitude: Longitude: Point A: 21.921542 159.383893 Point B: 21.918795 159.384086 Point C: 21,918994 159.386296 Point D: 21.921024 159.386210 Or UTM References Datum (indicated on USGS map): F-1 NAD 1927 or 1-1 NAD 1983 Kauai Hawaii 1. Zone: Easting: Northing: 2. Zone: Easting: Northing: 3. Zone: Easting: Northing: 4, Zone: Easting : Northing: Verbal Boundary Description (Describe the boundaries of the property.) County and State The property being nominated includes a portion of the property owned by the Jack Waterhouse Trust in 2017 as described by Tax Map Key 3-1-001:003, as indicated by the black lines, infilled with black hatching, on the attached map labeled "Boundary". Boundary Justification (Explain why the boundaries were selected.) This is the portion of the property directly associated with this residence and its functions, and provides water and electrical support to the house. Sections 9-end page 21 United States Department of the Interior National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Mrs. Mary S. Rice Beach House Kauai Hawaii Name of Property County and State 11. Form Prepared By name/title: Don Hibbard organization: self street & number: 45-287 Kokokahi Place city or town: Kaneohe state: Hawaii zip code: 96744 e-mail telephone:_(808)-542-6230 date: September 21, 2016 Additional Documentation Submit the following items with the completed form: • Maps: A USGS map or equivalent (7.5 or 15 minute series) indicating the property's location. Sketch map for historic districts and properties having large acreage or numerous resources. Boundary Map • Additional items: sketch of floor plan Building key • Owner: Ms. Jen-L W. Lyman First Hawaiian Bank Personal Trust Division P.O. Box 3708 Honolulu, Hawaii 96811 Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 100 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Office of Planning and Performance Management. U.S. Dept. of the Interior, 1849 C. Street, NW, Washington, DC. Sections 9-end page 22 Photo Log Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 12, 2016 Overview of Kipu Kai from the gap in the mountain, house to the left, view from the north 1 of 15 Sections 9-end page 1 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 13, 2016 View of the beach house from the south 2of15 Sections 9-end page 2 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 12, 2016 View of the house from the southeast 3of15 Sections 9-end page 3 Photo Log Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 13, 2016 View of the enclosed lanai, original beach house porch, fagade in background, from the southeast 4of15 Sections 9-end page 1 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Matt Moy Date Photographed: August 13, 2016 View of the original porch with chamferred columns from the west 5of15 Sections 9-end page 2 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 12, 2016 View of the dining room from the rear lanai from the northwest 6of15 Sections 9-end page 3 Photo Log Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Mat Moy Date Photographed: August 13, 2016 View of the library from the northeast 7of15 Sections 9-end page 1 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Matt Moy Date Photographed: August 13, 2016 View of the front west bedroom from the west 8of15 Sections 9-end page 2 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Matt Moy Date Photographed: August 13, 2016 View of the rear east bedroom from the north 9of15 Sections 9-end page 3 Photo Log Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 12, 2016 View of the fagade of guest house from the north 10 of 15 Sections 9-end page 1 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 13, 2016 View of the garage -warehouse from the southeast 11 of 15 Sections 9-end page 2 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 12, 2016 View of the maintenance barn from the north 12 of 15 Sections 9-end page 3 Photo Log Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed; August 12, 2016 View of the well pump house from the west 13of15 Sections 9-end page 1 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 12, 2016 View of the interior of the generator shed from the north 14 of 15 Sections 4-end page 2 Name of Property: Mrs. Rice Beach House City or Vicinity: Kipu Kai County: Kauai State: Hawaii Photographer: Don Hibbard Date Photographed: August 12, 2016 View of the diesel tank pavilion from the northwest 15 of 15 Sections 9-end page 3 Building Key w LCCEND 1. Storage 2. Storage 3. Maintenance Bldg. 4. Guest House S. Storage 6. Warehouse Storage 7. Tool Storage 8. Manager's House 9. PV Battery House _ - - v 1a, Vacant Bunk House 11. Trustees House - .- 12. Water Well Pump Bldg. - - - - ' rv. 13. Generator Bldg. s 14, Fuel Tank Bldg. '.� 15. Unused Water Reservoir 16. Unused Water Tank 17. Water Tanks "-42 - �- ^�43 _ �-.`, - — - swrcc Piaameey neri.l lslttR�1 .. IXHIBITC Current Building Uses KIND KAI (TMK3-1-1.03) �(� PE �HASs'Aff 514f2012 uirda—rnb Graok ha, haw few,A i , g—I Pl—i,g pry .. �Iy x d,k..Id—be —df.. bw.6q mvaretitlom m -.W.. Sections 9-end page 1 Floor Plan: Original House and Lanai K ptNlM wltJ6 OoKAI SIN t�a wr TO ext I,-[jen Sections 9-end page 2 Floor Plan: Kitchen and Dining IMM wig& MIN -->taw K41UKA� 60" KAI N OAI- Y4TM!F p1P1W& Mob NaT -W &AW Sections 9-end page 3 Floor Plan: Bedroom Wing K+M)KA M�d N *use 907 TO 5r�tf, uP 61�4[ri` ITC.kl w 41,11146, 4 iu6 Sections 9-end page 4 KAUAI HISTORIC RESOURCE PROFILE Name: Old Kealia School Location: Kealia Road, Kealia Owner: island School Original Use: School Present Use: Commercial/Vacant Condition: Fair Integrity Asphalt roll roofing; mostly jalousie windows; new doors Historical Information: Observations: Two buildings on lot, both . with hip roofs and tongue & groove siding. Larger building has shed - roof addition. Smaller building, now Kealia Store, has 2/2 double -hung windows. Sources: Spencer Mason Architects and MLS Tax Map Key: State Site No.: SLU District: County G P: County Zoning: Date -Original: Date(s)-Altered: 4-7-03: 06 1919 K • 1994 Reconnaissance Survey y rJAN 2 6 2017 TMK 470030060000 Former Island School Building Kauai Historic Preservation Commission clo County of Kauai Planning Department 4444 Rice Street, Suite A473 Lihue, Kauai 96766 RE: Kealia Kauai; Former Island School Dear Commission, Alakai O Kaua'i Public Charter School and Nolan Capitol are proposing reconstruction of the former Island School Building — TMK (4)7-003- 006-0000 We intend to build a facility for a State approved Public Charter School serving 165 students grades K-4 in the first year and expanding enrollment as permitted in the facility. This much anticipated tuition -free school has support from has the support from Kauai County, State and Parents. The site was chosen due to the need in Kapaa for an additional school and the fact that the use of the land has already been established as a school. The building has been sitting vacant for over 20 years and has decayed past the point of restoration. We are in the process of acquiring a Bid Proposal for the work from a Licensed General Contractor. The building will be reconstructed with a design that complements the historical aspects of the site but allows for greater versatility and use of space. Restoring the building will not only allow a school to serve our community, but it will increase the property values surrounding the site, thereby increasing property tax revenue. The conceptual plans will be redrawn to meet all Historical, State and County requirements. A private civil engineer will determine ground elevation, finished floor elevation and ground elevation will be brought to the review on January 26th. Mahalo, Kristin Hoshino President, Ho' okala Non -Profit for Alaka' i O Kaua' i Public Charter School 808.647.4082 Moana Kinimaka Palama Owners Representative, Kealia Properties, LLC 808.742.9784 rN,0;),0 'JAN 26 2017 County of Kauai Historical Review Proposal for TMK Former Island School Building - 470030060000 _�_: � 9i�"� it �.....�_ � �. `e — — • � �— -- — VL. 'p ':`, iap... Mtn i`•a° w�4 ri":i:� 7(st �-.'.K �1rzf�"+1 .-�,�y"�u�i �,�+: 2 1 f. S Ni t County of Kauai Historical Review Proposal for TMK Former Island School Building - 470030060000 3 iM W sun County of Kauai Historical Review Proposal for TMK Former Island School Building - 470030060000 asax;e 4!! 'P_, - 12' 0' RDOD ELEVATION SCALE: 1jW - I' O F HD='M TAL LAP*MON CMIE O W LF kT.,ApT PAWL F.- PI,Y1NrM SIDING ),ELEVATIDN dal run -gym �,ELEVA7![11J - am�`YFw g Q,EVATION - HOUSE G VERTICAL SIDING 0 IM' GAP [IM RLACW MF-%Mp LIVE ON WLp BIM 0 POW(EYT PLYWWO 3 _,-, MUS1VME1AI_ E County of Kauai Historical Review Proposal for TMK Former Island School Building - 470030060000 hL1LS'. I. Sb4ing abp rs b.ed ee Eed6e.aylkp+lpmeihdbr Title Gevaem enaai. r+'. a,a.�e. wa•umtl dnl.aa.<nee.IF. eou �a ��umaua in Itir hud n,ue•p ao.xer. 3, Coudim�v Nxec fiorcmmeu �ryTKaowlaee¢iutlm'I�CM s_ _1 fFs-]eve�Km ^1^fr iv�rmeei.] T.rk erwmsv ne..nb.d in I>rlimi^u!" Aryoi e. 8.,.]Lormro�Y'f�R1uM.lril'fe.e*mmsepa texnde�npteLmuma.poi 5. a•..mrna ez tlzzrnbM m GRMT OP EASCAIE+'15 W i.d Sene In, Nul rcm„d, an.w.eea,ue f7' iluewl,rnt,u er Much >4, EWo M,�ti.r wrn,vem�o_ aofrtof5tl¢,.3eve. l abm the hed .b�•e en Ika im4. and m 14�d b� r�. rcrneeeee,�i_ � euy_ .\. S.iimrnl Alare.awnone P.semeol I r�2�ac ferimr.ewp�spwel. B, 5eameel A rnrnev�u�� Fuenenl 1-A lrerineption empo.n) !:. 5gnal � terMruemn Evrere a-8 ffn'vdPrtoe ruTe'++1- °snEmerAd�e.muenoe4sem. �Rmirr4rvli.e pnefee.er. . �iplwpn r,ne�nn�>1..,mnl`i-ua in,wioe rvea...,i. E. se�,wAw wn�r�e�n,�acmn Md. lie impd��„p�b,en. �.I�lr unm�arr .�uiWr srwern .ipueex t n us �. eowe rar,nn, r�l..u=; i. x.vee.rs a,n m. urn a` e`�ansa.loru+sn• &I—.>e nor m* d.Iiewha Relmpie Aeael r :rrnrni c ils n. nide ­e, ITV sPA6n89unpF mmIl130 n. vride [eeiuiheem PeM.n}, M_ uppn spue[P, smp aPel;ee per rro<�peoe ru.pomn Kwl.ala ekenmle lr,�m=m lrnr �mpea pn,peeeel. yam�aasmow..F..m�lbn.ma me ._ ..e ulmll�d��e m>o�, w. mr�nw�w<aa>ap,epe rniP�, m,.elme dt.,;ktl,._id r�l ve ew. ;� orlhebW �[iaall. sle<.es ., eeembee a yieel.m. Fbet 351i C®nex Tepweuvl II Sheep ISWP alne Is.oa Feel lwn d eneledlpe PoW 35E'. Caenepe Mpepepem II 9taopu 39WV qr Is oa Fen l.n nr['sue.epe £eLp 35)' Cpprnu Mpepenm a Aee®WWII 15 papeelp.nprceele�pe CLS HAWAR LAND SURVEYING AND Mi STAKING MAP LOT A PORTION OF ROYAL PATENT No. LAND COMMISSION AWARD 11, APANA 6 TO M. KEKAUONOH KEALIA, KAWAIHAU, KAUAI, YM1C (4) 4-1-D03: DOB Area= 3 _192 Acres E a't" ❑W_ber 30, 2015 M surbwnu Ni9 aueppra kelaieo.Kwa. Newel 06i11 razoo I� Wrv.wn®c�nawee<.m c bipn:aa rns i County of Kauai Historical Review Proposal for TMK Former Island School Building - 470030060000 04 n � .x � i �r 1■ .A[ �� t��ar�u�@r ��{�!a _ u9 K�l6�l eat{�tn1 'i 1�[7;.'+r'-`111'S/�: 0P°`f'urs�, w N. ^ r a r SY Qx - , � is • �� .. �r wuia um.�y�ux �aunxnuc.mn.nrr a LANDSCAPE PLAN - 917E 2 w — 7 STATE REGISTER OF HISTORIC PLACES SUMMARY State Historic Preservation Division is the official keeper of the Hawai'i Register of Historic Places. The list formally recognizes districts, sites, structures, buildings and objects and their significance in Hawai'i's history, architecture, archaeology, engineering and culture. Some of the other criteria considered by the board include association with events that have made a significant contribution to broad patterns of our history; association with the lives of persons significant in our past; possession of high artistic value; designs and techniques typical of a time period; or potential to yield information important in prehistory or history. HAWAN REGISTER OF HISTORIC PLACES WHY The Hawaii State Register formally recognizes properties possessing a documented level of significance and that contribute to the understanding and appreciation of the history or prehistory of a community, the state, or the nation. Listing in the State Register has the following results for historic properties; • Formal recognition of a property's importance to the history of the community and the state of Hawaii. • A body of information for local community planning, tourist promotion, neighborhood revitalization. • A sense of community history and local pride. IJAN 26 2017 • Eligibility to apply for state tax credits for restoration, rehabilitation, or preservation of Hawaii State Register properties. There are no restrictions imposed by SHPD as to what private property owners may or may not do with their property. Private property owners may alter or demolish a listed property subject only to applicable local government regulations and permitting procedures. In some communities, properties listed in the State Register may be automatically designated as local landmarks. Such landmark status may include the local review of proposed changes to the property through the application of design guidelines. I. C�]►rtl You can nominate a property for listing on the Hawaii and/or National Register of Historic Places. (Both Registers use the same form.) NATIONAL REGISTER OF HISTORIC PLACES SUMMARY he National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources. The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources. NATIONAL REGISTER OF HISTORIC PLACES WHY In addition to honorific recognition, listing in the National Register has the following results for historic properties: • Consideration in planning for Federal, Federally licensed, and Federally assisted projects: — Section 106 of the National Historic Preservation Act of 1966 requires that Federal agencies allow the Advisory Council on Historic Preservation an opportunity to comment on all projects affecting historic properties either listed in or determined eligible for listing in the National Register. The Advisory Council oversees and ensures the consideration of historic properties in the Federal Planning process. • Eligibility for certain tax provisions — Owners of properties listed in the National Register may be eligible for a 20% investment tax credit for the certified rehabilitation of income -producing certified historic structures such as commercial, industrial, or rental residential buildings. This credit can be combined with a straight-line depreciation period of 27.5 years for residential property and 31.5 years for nonresidential property for the depreciable basis of the rehabilitated building reduced by the amount of the tax credit claimed. Federal tax deductions are also available for charitable contributions for conservation purposes of partial interests in historically important land areas or structures. Y Consideration of historic values in the decision to issue a surface mining permit where coal is located in accordance with the Surface Mining Control Act of 1977; and 6 Qualification for Federal grants for historic preservation, when funds are available. Owners of private property listed in the National Register are free to maintain, manage, or dispose of their property as they choose provided that no Federal monies are involved. State Historic Preservation Officers (SHPO) play a critical role carrying out many responsibilities in historic preservation. Surveying, evaluating and nominating significant historic buildings, sites, structures, districts and objects to the National Register is one such key activity. The way a property gets listed in the National Register of Historic Places is that the forms and documentation go to the State historic preservation office (SHPO) of the state where the property is located. The SHPO can take one of several options: reject the property, ask for more information, list the property just with the state, or send the forms to us for listing in the National Register of Historic Places. Once we receive the forms, we conduct a similar review process. You can nominate a property for listing on the Hawai'i and/or National Register of Historic Places. (Both Registers use the same form.) EXHIBIT A County Tax Incentives 10/16/2016 Sec. 5A 11.22 Historic Resfdential Peal Property Dedicatedfor Preservation, Exemption. a . Title III TAXATION AND FINANCIAL ADMINISTRATION Chapter 5A REAL PROPERTY TAX Article 11. Exemotians Sec. SA-11.22 Historic Residential Real Property Dedicated for Preservation, Exemption. (a) Portions of residential real property which are dedicated and approved by the Director of Finance as provided for by this Section, shall be exempt from real property taxation to the following extent: (1) Those residential properties qualifying for a home exemption under Section 5A-11.4 and those residential properties owned by a nonprofit organization as defined in Section 5A-1.1.10(c) shall be exempt to the extent of one hundred percent (100%) of the assessed value of real property as determined by the Director of Finance pursuant to Subsection (c) of this Section, except that the minimum tax provision of Sec. 5A-6.3(g) shall apply; and (2) All other properties shall be exempt to the extent of seventy-five percent (75%) of the assessed value of the real property as determined by the Director of Finance pursuant to Subsection (c). "Residential" as used in this Subsection shall mean improved with a building designed for or adapted to residential use and currently used solely as a dwelling, (b) An owner of taxable real property that is the site of an historic residential property that has been individually placed on the Hawaii Register of Historic Places after January 1, 1977, desiring to dedicate the property or a portion thereof for historic preservation, may petition the Director of Finance by July 1st of any year, provided that in cases of leasehold property the petition shall be signed by both the lessor and the lessee. The form of the petition shall be determined by the Director of Finance and shall include: (1) A copy of the registration form for the Hawaii Register of Historic Places, certified by the Historic Preservations Office, Department of Land and Natural Resources, State of Hawaii, including all attachments; (2) A map showing the area to be dedicated and the location of the historic buildings, structures and sites as set forth on the registration form, provided the Director may require a map drawn to scale by a licensed surveyor if it is necessary in order to make a determination of the land area to be exempted; (3) A certification by the owner that the property is visually accessible to the public or that the public shall be allowed visual access at least twelve (12) days per year, the specific dates of which shall be set forth in the petition; and (4) The owner's authorization for members of the assessment staff to visit and inspect the property as necessary to conduct a finding of fact as set forth in Subsection (c) of this Section. (c) Upon receipt of a completed petition as set forth in Subsection (b) of this Section, the Director of Finance shall prepare findings of fact as to whether the property has been placed on the Hawaii Register of Historic Places after January 1, 1977 and whether the building is residential as defined in this Section, If the findings of fact are favorable, the Director shall approve the petition and determine what portion or portions of the real property shall be exempted. The exempt area shall be limited to the area surrounding the historic residence traditionally and currently maintained as its grounds, including the lawn, landscaped areas and other areas directly associated with the residential use of the historic dwelling, and such historic sites as designated on the registration form for the Hawaii Register of Historic Places; provided the exempt area shall not include any area not on the Hawaii Register of Historic Places nor any lots of record which are not improved with a historic residence meeting the requirements of this Section. The Director shall notify the owner of the approval or disapproval of the petition by September 15th of the year of application. if the petition is approved, the Director shall prepare a notice of dedication and deliver it to the owner along with the notice of approval. The owner shall execute and record the notice of dedication with the Bureau of Conveyances of the Department of Land and Natural Resources so that prospective buyers will be put on notice as to the restrictions on the property. The exemption shall take effect on October Ist; provided that if the Director does not receive a recorded copy of the http://qcode.us/codesfkauaicounty/ 1 /2 10/18/2016 Sec. 5A-11.22 Historic Residential Real Property Dedicated for Preservation, Exemption. notice of dedication within forty-five (45) days of the date of approval, the exemption shall be canceled and the dedication approval shall be rescinded. (d) Upon approval of the petition, the owner shall enter into an agreement with the Director of Finance to maintain the historic residence in structurally sound and weathertight condition free from decay, or to perform such repairs as necessary for the dwelling to be in structurally sound and weathertight condition free from decay by the fifth (5th) year following the effective date of the exemption. Such condition shall be certified in writing by a licensed architect or general contractor and submitted to the Director of Finance by July 1st of the fifth (5th) and tenth (10th) years of the first ten (10) year exempt period and every tenth (loth) year after that as long as the property remains dedicated to historic preservation under this Section. The approval of the petition by the Director shall constitute a forfeiture on the part of the owner of any right: (1) To subdivide or to register tinder the Condominium Property Regime any portion of the exempt area. (2) To change the use of the exempt property to other than residential use, provided that if the new use meets the requirements for exemption under Sec. 5A-11.10, the provisions of Subsection (f) of this Section shall not apply. (3) To construct or cause to be constructed any additions or new buildings in the exempt area without approval by the State Historic Preservation Office, provided that no new dwelling units or guest houses may be built in the exempt area. The additions and buildings as approved and constructed and the land they occupy shall be fully taxable. The approval of the petition shall also constitute a commitment on the part of the owner to maintain the visual accessibility of the building to the public, to maintain the exempt land area and to continue to be listed on the Hawaii Register of Historic Places. These restrictions and the exemption shall be in effect for a period of ten (10) years. (e) The owner may renew the exemption for additional ten (10) year periods by applying for such renewal according to the same timetable as a new petition subject to the Director's certification that the property continues to meet the requirements set forth in Subsection (c) of this Section. (f) Failure of the owner to provide the certification of structural soundness and weather -tightness as provided in Subsection (d) of this Section or to observe the other restrictions of Subsection (d) shall cancel the tax exemption and subject the owner to a retroactive tax and interest which shall be due and payable within thirty (30) days following the mailing of the notice of retroactive assessment to the owner. The retroactive tax and interest shall be computed from the beginning of the tax year for which the application was originally approved to the end of the tax year that the cancellation occurred. The retroactive tax for each tax year shall be based on the difference in the amount of taxes that were paid and those that would have been due but for the exemption allowed by this Section. The retroactive tax shall be payable together with interest at twelve percent (12%) per annum from the respective dates that these payments would have been due provided the provision in this Subsection shall not preclude the County from pursuing any other remedy to enforce the covenant on the use of the land. The retroactive taxes and interest due and owing as a result of a cancellation of the dedication shall be a paramount lien upon the property pursuant to Sec. 5A-5.1. (g) Any person who becomes an owner of real property that is permitted an exemption under this Section shall be subject to the restrictions and duties imposed under this Section. (h) An owner applicant may appeal any deter-nination as in the case of an appeal from an assessment. (i) Subject to Chapter 91, Hawai`i Revised Statutes, the Director shall adopt rules and regulations deemed necessary to accomplish the foregoing. (Ord. No. 434, September 16, 1982; Ord, No. 467, September 13, 1984; Ord. No. 564, January 22, 1990; Ord, No. 637, October 14, 1993; Ord. No. 920, December 14, 2011) View the mobile version. httpalgcode.uslcodes/kauai county) 2/2 EXHIBIT B County TVR Potential Sec, 8-17.8 Single Family Transient Vacation Rentals. (a) Notwithstanding any underlying zoning designation and with the exception of properties on the National or State Register of Historic Places, single family transient vacation rentals are prohibited in all areas not designated as Visitor Destination Areas. (b) Development Standards for Single Family Vacation Rentals Permitted Within Visitor Destination Areas and Holders of Nonconforming Use Certificates. Development standards shall be the same as those for single family detached dwellings in Secs. 5-4.5 through 5-4.8, inclusive, with the following additions: (1) Applicant for a single family transient vacation rental shall designate a contact person or owner's representative who shall be available on a twenty-four (24) hour, seven (7) days -per - week basis. Applicant shall provide the name and contact information to neighbors adjacent to and directly across subject vacation rental, the Planning Department, the Kauai Police Department, the Kauai Civil Defense Agency, and the Kana`i Visitors Bureau upon issuance of a nonconforming use certificate or registration number. Owner is responsible for keeping information updated with all agencies. (2) One (1) outdoor sign no larger than one (1) square foot shall be posted in a visible place on a wall, fence, or post immediately inside or on the front boundary of the property where it is easy to see, for the purpose of providing the current Nonconforming Use Certificate number or the Registration Number and the 24/7 phone number. No other signs shall be allowed and there shall be no direct illumination of the required sign. The numbers on the sign shall be no smaller than two (2) inches in height. (3) The applicant shall provide a list of requirements and information entitled "For the Safety and Comfort of You and Your Neighbors." This shall provide essentialniforination to the visitor and shall seek to reduce negative impacts on the surrounding neighborhood. This information piece shall be provided to the Planning Department at time of application and shall be posted in a conspicuous place in the guest's sleeping quarters along with a copy of the Nonconforming Use Certificate or the Registration Number, whichever the case may be and if required. The list shall include, but not be limited to, suggested curfews, guidance with respect to the character of the neighborhood and gatherings and noise, and what to do in cases of emergency and natural disaster. (4) All print and internet advertising for single family vacation rentals, including listings with a rental service or real estate firm, shall include the Nonconforming Use Certificate or the Registration Number. (5) A copy of the Nonconforming Use Certificate or the Registration Number, where required, shall be displayed in the back of the front door of the sleeping quarters. (6) A site and floor plan shall be filed with the application. (Ord. No. 935, November 14, 2012) EXHIBIT C Federal Tax Incentives Historic Preservation Tax Incentives 111 ff'%11 11 n National Park Service U.S. Department of the Interior Technical Preservation Services his booklet describes the Federal Historic Preservation Tax Incentives in general terms only. Every effort has been made to present current information as of the date given below However, the Internal Revenue Code is complex and changes frequently. Furthermore, the provisions of the tax code regarding at -risk rules, passive activity limitation, and alternative minimum tax can affect a taxpayer's ability to use these tax credits. Readers are strongly advised to consult an accountant, tax attorney, or other professional tax advisor, legal counsel, or the Internal Revenue Service for help in determining whether these incentives apply to their own situations. For more detailed information, including copies of application forms, regulations, and other program information, contact one of the offices listed on pages 26-29. Department of the Interior regulations governing the procedures for obtaining historic preservation certifications are more fully explained in Title 36 of the Code of Federal Regulations, Part 67. The Internal Revenue Service regulations governing the tax credits for rehabilitation are contained in Treasury Regulation Section 1.48-12. These sets of regulations take precedence in the event of any inconsistency with this bo oklet. Technical Preservation Services National Park Service 2012 C@Ver German Bank, Oi.rtniclue, loran i1901). Afr2r rehabilitation for continued commercial and residential use. Courtesy State hlistoric_l Society of Iowa. Photograph: John Zeller. Quick Reference Preservation Tax Incentives ... .............. ............ 2 What Is a Tax Credit? .................................. .... 3 20% Rehabilitation Tax Credit 4 Rehabilitation Tax Credits: Who Does What? 14 10% Rehabilitation Tax Credit 16 The 10% or .20% Credit: Which One Applies? ...... 17 Other Tax Provisions Affecting Use of Preservation Tax Incentives . 17 Rehabilitations Involving Governments and Other Tax -Exempt Entities 21 Other Tax Incentives for Historic Preservation 21 The Secretary of the Interior's Standards for Evaluating Significance Within Registered Historic Districts .................. .......... _ 23 The Secretary of the Interior's Standards for Rehabilitation ,,,...,,,,...... .................... 24 For More Information National Park Service, Internal Revenue Service and State Historic Preservation Offices 26 Preservation Tax Incentives Historic buildings are tangible links with the past. They help give a community a sense of identity, stability and orientation. The Federal government encourages the preservation of historic buildings through various means.. One of these is the program of Federal tax incentives to support the rehabilitation of historic and older buildings. The Federal Historic Preservation Tax Incentives program is one of the Federal government's most successful and cost-effective community revitalization programs. The National Park Service administers the program with the Internal Revenue Service in partnership with State Historic Preservation Offices. The tax incentives promote the rehabilitation of historic structures of every period, size, style and type. They are instrumental in preserving the historic places that give cities, towns and rural areas their special character. The tax incentives for preservation attract private investment to the historic cores of cities and towns. They also generate jobs, enhance property values, and augment revenues for State and local governments through increased property, business and income taxes. The Preservation Tax Incentives also help create moderate and low-income housing in historic buildings. Through this program, abandoned or underused schools, warehouses, factories, churches, retail stores, apartments, hotels, houses, and offices throughout the country have been restored to life in a manner that maintains their historic character. no Current tax incentives for preservation, established by the Tax ReformAct of 1986 (PL 99-514; Internal Revenue Code Section 47 [formerly Section 48(g)]) include: » a 20% tax credit for the certified rehabilitation of certified historic structures. » a 10% tax credit for the rehabilitation of non - historic, non-residential buildings built before 1936. From time to time, Congress has increased these credits for limited periods for the rehabilitation of buildings located in areas affected by natural disasters. For more information, see the instructions on IRS Form 3468, Investment Credit, or contact your State Historic Preservation Office. In all cases the rehabilitation must be a substantial one and must involve a depreciable building. (These terms will be explained later.) What Is a Tax Credit? A tax credit differs from an income tax deduction. An income tax deduction lowers the amount of income subj ect to taxation. A tax credit, however, lowers the amount of tax owed. In general, a dollar of tax credit reduces the amount of income tax owed by one dollar. » The 20% rehabilitation tax credit equals 20% of the amount spent in a certified rehabilitation of n certified historic structure. » The 10% rehabilitation tax credit equals 10°% of the amount spent to rehabilitate a non -historic building built before 1936, Armstrong Cork Company Plant, Pittsburgh. Pennsylvania (1901-1913). AfterrehanilitaOan for retail and housing Fhotograph: Chadrs Uhl. 707 20% Rehabilitation Tax Credit The Federal historic preservation tax incentives program (the 20% credit) is jointly administered by the U.S. Department of the Interior and the Department of the Treasury. The National Park Service (NPS) acts on behalf of the Secretary of the Interior, in partnership with the State Historic Preservation Officer (SHPO) in each State. The Internal Revenue Service (IRS) acts on behalf of the Secretary of the Treasury. Certification requests (requests for approval for a taxpayer to receive these benefits) are made to the NPS through the appropriate SHPO. Comments by the SHPO on certification requests are fully considered by the NPS. However, approval of projects undertaken for the 20% tax credit is conveyed only in writing by duly authorized officials of the National Park Service. For a description of the roles of the NPS, the IRS and the SHPO, see "Tax Credits; Who Does What?" on pages 14 -15. The 20% rehabilitation tax credit applies to any project that the Secretary of the Interior designates a certified rehabilitation of a certified historic structure. The 20% credit is available for properties rehabilitated for commercial, industrial, agricultural, or rental residential purposes, but it is not available for properties used exclusively as the owner's private residence. What is a "certified historic structure?" A certified historic structure is a building that is listed individually in the National Register of Historic Places —OR— a building that is located in a registered historic districtand certified by the National Park Service as contributing to the historic significance of that district, The "structure" must be a building —not a bridge, ship, railroad car, or dam. (A registered historic district is any district listed in the National Register of Historic Places, Hanny's Building, Phoenix, Arizona ('1947). Atler riehabilitatinn of this high -fa5hinn ciotning stare for nestai irant and other cornmeroal use_ Photograph. Ryden Architects, Inc. C A State or local historic district may also qualify as a registered historic district if the district and the enabling statute are certified by the Secretary of the Interior.) ... ................... ............. ..... I. ............... ....... ....... Obtaining Certified Historic Structure Status Owners of buildings within historic districts must complete Part 1 of the Historic Preservation Certification Application —Evaluation of Significance. The owner submits this application to the SHPO. The SHPO reviews the application and forwards it to the NPS with a recommendation for approving or denying the request, The NPS then determines whether the building contributes to the historic district. If so, the building then becomes a certified historic structure. The NPS bases its decision on the Secretary of the Interior's "Standards for Evaluating Significance within Registered Historic Districts" (see page 23), Buildings individually listed in the National Register of Historic Places are already certified historic structures. Owners of these buildings need not complete the Part 1 application (unless the listed property has more than one building). Property owners unsure if their building is listed in the National Register or if it is located in a National Register or certified State or local historic district should contact their SHPO. What if my building is not yet listed in the National Register? Owners of buildings that are not yet listed individually in the National Register of Historic Places or located in districts that are not yet registered historic districts may use the Historic Preservation Certification Application, Part 1, to request a preliminary determination of significance from the National Park Service. Such a determination may also be obtained for a building located in a registered historic district but that is outside the period or area of significance of the district. A preliminary determination of significance allows NPS to review Part 2 of the application describing the proposed rehabilitation. Preliminary determinations, however, are not binding. They become final only when the building or the historic district is listed in the National Register or when the district documentation is amended to include additional periods or areas of significance. It is the owner's responsibility to obtain such listing through the State Historic -Preservation Office in a timely manner. What is a "certified rehabilitation?" The National Park Service must approve, or "certify," all rehabilitation projects seeking the 20% rehabilitation tax credit. A certified rehabilitation is a rehabilitation of a certified historic structure that is approved by the NPS as being consistent with the historic character of the property and, where applicable, the district in which it is located. The NPS assumes that some alteration of the historic building will occur to provide for an efficient use. However, the project must not damage, destroy, or cover materials or features, whether interior or exterior, that help define the building's historic character. Application Process Owners seeking certification of rehabilitation work must complete Part 2 of the Historic Preservation Certification Application —Description of Rehabilitation. Long-term lessees may also apply if their remaining lease period is at least 27.5 years for residential property or 39 77 years for nonresidential property. The owner submits the application to the SHPO. The SHPO provides technical assistance and literature on appropriate rehabilitation treatments, advises owners on their applications, makes site visits when possible, and forwards the application to the NPS, with a recommendation. The NPS reviews the rehabilitation project for conformance with the "Secretary of the Interior's Standards for Rehabilitation," and issues a certification decision. The entire project is reviewed, including related demolition and new construction, and is certified, or approved, only if the overall rehabilitation project meets the Standards. These Standards appear on pages 24-25. Both the NPS and the IRS strongly encourage owners to apply before they start work. 58 B Street, Virginia City, Nevada (1875). Rehabilitated as a Led and breakfast. Courtesy Chris Eichln. E After the rehabilitation work is completed, the owner submits Part 3 of the Historic Preservation Certification Application Request for Certification of Completed Work to the SHPO. The SHPO forwards the application to the NPS, with a recommendation as to certification. The NPS then evaluates the completed project against the work proposed in the Part 2—Description of Rehabilitation. Only completed projects that meet the Standards for Rehabilitation are approved as "certified rehabilitations" for purposes of the 20% rehabilitation tax credit. Carleton Place {historic name: Summons Manufacturing Company?, St. Paul, Minnesota (1909). Before and after rehabilitation for residential use. Courtesy Hess, Roise and Company. Processing Fees The NPS charges a fee for reviewing applications. Fees are charged for the review of proposed work (Part 2) and for review of completed projects (Part 3). The fees are based on the rehabilitation costs. Payment should not be sent until requested by NPS. The NPS will not issue a certification decision until payment has been received. See the NPS website on page 26 for the fee schedule. Hollywood Bungalow Courts, Los Angeles, California (1921-1925), ffehabilitdied as housing for special -needs and low-income residenLs. Phatograph: NPS Files. IRS Requirements To be eligible for the 20% rehabilitation tax credit, a project must also meet basic IRS requirements: » The building must be depreciable. That is, it must be used in a trade or business or held for the production of income. It may be used for offices, for commercial, industrial or agricultural enterprises, or for rental housing. It may not serve exclusively as the owner's private residence. » The rehabilitation must be substantial. That is, during a 24-month period selected by the taxpayer, rehabilitation expenditures must exceed the greater of $5,000 or the adjusted basis of the building and its structural components. The adjusted basis is generally the purchase price, minus the cost of land, Plus improvements already made, minus depreciation already taken. Once the substantial rehabilitation test is met, the credit may be claimed for all qualified expenditures incurred before the measuring period, during the measuring period and after the measuring period through the end of the taxable year that the building is placed in service. » Phased rehabilitations —that is, rehabilitations expected to be completed in two or more distinct stages of development —must also meet the "substantial rehabilitation test." However, for phased rehabilitations, the measuring period is 60 months rather than 24 months. This phase rule is available only if. (1) a set of architectural plans and specifications outlines and describes all rehabilitation phases; (2) the plans are completed before the physical rehabilitation work begins, and (3) it can reasonably he expected that all phases will be completed. s> The property must be placed in service (that is, returned to use). The rehabilitation tax credit is generally allowed in the taxable. year the rehabilitated property is placed in service. » The building must be a certified historic structure when placed in service, with the following exception. If the building or the historic district is not listed in the National Register, the owner must have requested that the SHPO nominate the building or the district to the National Register before the building is placed in service. If the building is in a historic district that is listed or may be listed in the National Register, the owner must submit Part 1 of the application before the building is placed in service. Qualified rehabilitation expenditures include costs of the work on the historic building, as well as architectural and engineering fees, site survey fees, legal expenses, development fees, and other construction -related costs, if such costs are added to the property basis and are reasonable and related to the services performed. They do not include acquisition or furnishing costs, new additions that expand the building, new building construction, or parking lots, sidewalks, landscaping, or other related facilities. L - a r 114 NW Main Street, Rocky Mount, North Carolina (1928). Photograph; William Ferguson. Getting your project approved, or "certified" Tens of thousands of projects have been approved for the historic preservation tax credit. Observing the following points will make approval of your project easier: v Apply as soon as possible preferably before beginning work. Consult with the SHPO as soon as you can. Read carefully the program application, regulations, and any other information the SHPO supplies. Submit your application early in the project planning. Wait until the praj ect is approved in writing by the NPS before beginning work. Work undertaken prior to approval by the NPS may jeopardize certification. In the case of properties not yet designated certified historic structures, apply before the work is completed and the building is placed in service. 12. >7 Photograph the building inside and outside —before and after the project. "Before" photographs are especially important. Without them, it maybe impossible for the NPS to approve a project. » Read and follow the "Secretary of the Interior's Standards for Rehabilitation" and the "Guidelines for Rehabilitating Historic Buildings." If you are unsure how they apply to your building, consult with the SHPO or the NPS. » Once you have applied, alert the SHPO and the NPS to any changes in the project. Claiming the 20% Rehabilitation Tax Credit Generally, the tax credit is claimed on IRS form 3468 for the tax year in which the rehabilitated building is placed in service. For phased projects, the tax credit may be claimed before completion of the entire project provided that the substantial rehabilitation test has been met. If a building remains in service throughout the rehabilitation, then the credit may be claimed when the substantial rehabilitation test has been met. In general, unused tax credit can be "carried back" one year and "carried forward" 20 years. The IRS requires that the NPS certification of completed work (Application Part 3) be filed with the tax return claiming the tax credit. If final certification has not yet 13 been received when the taxpayer files the tax return claiming the credit, a copy of the first page of the Historic Preservation Certification Application —Part 2 must be filed with the tax return, with proof that the building is a certified historic structure or that such status has been requested. The copy of the application filed must show evidence that it has been received by either the SHPO or the NPS (date stamped receipt or other notice is sufficient). If the taxpayer then fails to receive final certification within 30 months after claiming the credit, the taxpayer must agree to extend the period of assessment. If the NPS denies certification to a rehabilitation project, the credit will be disallowed. Recapture of the Credit The owner must hold the building for five full years after completing the rehabilitation, or pay back the credit. If the owner disposes of the building within a year after it is placed in service,100% of the credit is recaptured. For properties held between one and five years, the tax credit recapture amount is reduced by 20% per year. The NPS or the SHPO may inspect a rehabilitated property at any time during the five-year period. The NPS may revoke certification if work was not done as described in the Historic Preservation Certification Application, or if unapproved alterations were made for up to five years after certification of the rehabilitation. The NPS will notify the IRS of such revocations. Prizery/i Reynolds Tobacco Warehouse, South Boston, Virginia (1900). Rehabilitated for commercial use. Photographs: Ian Bradshaw. Depreciation Rehabilitated property is depreciated using the straight- line method over 27.5 years for residential property and over 39 years for nonresidential property. The depreciable basis of the rehabilitated building must be reduced by the full amount of the tax credit claimed. Rehabilitation Tax Credits: Who Does What? The Federal historic preservation tax incentives program is a partnership among the National Park Service (NPS), the State Historic Preservation Officer (SETO), and the Internal Revenue Service (IRS), Each plays an important role. SHPO » Serves as first point of contact for property owners. » Provides application forms, regulations, and other program information. » Maintains complete records of the State's buildings and districts listed in the National Register of Historic Places, as well as State and local districts that may qualify as registered historic districts. » Assists anyone wishing to list a building or a district in the National Register of Historic Places. » Provides technical assistance and literature on appropriate rehabilitation treatments. » Advises owners on their applications and makes site visits on occasion to assist owners. » Makes certification recommendations to the NPS. NPS » Reviews all applications for conformance to the Secretary of the Interior's Standards for Rehabilitation. » Issues all certification decisions (approvals or denials) in writing, Transmits copies of all decisions to the IRS. u Develops and publishes program regulations, the Secretary of the Interior's Standards for Rehabilitation, the Historic Preservation Certification Application, and information on rehabilitation treatments. IRS >) Publishes regulations governing which rehabilitation expenses qualify, the time periods for incurring expenses, the tax consequences of certification decisions by NPS, and all other procedural and legal matters concerning both the 20% and the 10%v rehabilitation tax credits. » Answers public inquiries concerning legal and financial aspects of the Historic Preservation Tax Incentives, and publishes the audit guide, Market Segment Specialization Program: Rehabilitation Tax Credit, to assist owners. » Insures that only parties eligible for the rehabilitation tax credits utilize them. Odd Fellows Building, Raleigh, North Carallna (c. 1880). Rehal} kated for continued corrlmerdal use. Courtesy Empire Properties. 10% Rehabilitation Tax Credit The 10% rehabilitation tax credit is available for the rehabilitation of non -historic buildings placed in service before 1936. As with the 20% rehabilitation tax credit, the 10% credit applies only to building not to ships, bridges or other structures. The rehabilitation must be substantial, exceeding either $5,000 or the adjusted basis of the property, whichever is greater. And the property must be depreciable. The 10% credit applies only to buildings rehabilitated for non-residential uses. Rental housing would thus not qualify. Hotels, however, would qualify. They are considered to be in commercial use, not residential. A building that was moved after 1935 is ineligible for the 10%o rehabilitation credit. (A moved certified historic structure, however, can still be eligible for the 20% credit) Furthermore, projects undertaken for the 10% credit must meet a specific physical test for retention of external walls and internal structural framework: » at least50%o of the building's external walls existing at the time the rehabilitation began must remain in place as external walls at the wows conclusion, and » at least 75 %q of the building's existing external walls must remain in place as either external or internal walls, and at least 75 % of the building's internal structural framework must remain in place. Claiming the 10% Rehabilitation Tax Credit The tax credit must be claimed on IRS form 3468 for the tax year in which the rehabilitated building is placed in service. There. is no formal review process for rehabilitations of non -historic buildings. The 10% or 20% Credit: Which One Applies? The 10% rehabilitation tax credit applies only to non - historic buildings first placed in service before 1936 and rehabilitated for non-residential uses. The 20% rehabilitation tax credit applies only to certified historic structures, and may include buildings built after 1.936. The two credits are mutually exclusive. Buildings listed in the National Register of Historic PIaces are not eligible for the 10% credit. Buildings located in National Register listed historic districts or certified State or local historic districts are presumed to be historic and are therefore not eligible for the 10% credit. In general, owners of buildings in these historic districts may claim the 10% credit only if they file Part 1 of the Historic Preservation Certification Application with the National Park Service before the physical work begins and receive a determination that the building does not contribute to the district and is not a certified historic structure. Other Tax Provisions Affecting Use of Preservation Tax Incentives A number of provisions in the Internal Revenue Code affect the way in which real estate investments are treated generally. These provisions include the "at -risk" rules, the passive activity limitation, and the alternative minimum tax. What these provisions mean, in practice, is that many taxpayers may not be able to use tax credits earned in a certified rehabilitation project. A brief discussion of these matters follows. Applicants should seek professional advice concerning the personal financial implications of these provisions. At -Risk Rules Under internal Revenue Code Section 465, a taxpayer may deduct losses and obtain credits from a real estate investment only to the extent that the taxpayer is "at - risk" for the investment. The amount that a taxpayer is "at -risk" is generally the sum of cash or property contributions to the project plus any borrowed money for which the taxpayer is personally liable, including certain borrowed amounts secured by the property used in the project. In addition, in the case of the activity of holding real property, the amount "at -risk" includes qualified non -recourse financing borrowed from certain financial institutions or government entities. Passive Activity Limitation The passive activity limitation provides that losses and credits from "passive" income sources, such as real estate E John Harvey House, Detroit, Michigan (1 B75). {opposite) Before rehabilitation; (above) After rehabiffation as a bed and breakfast. Courtesy: Marlyn Nash-Yazbeck. Photograph: Steven C. Hum, Inc. limited partnerships, cannot be used to offset tax liability from "active" sources such as salaries. This passive activity limitation does not apply to: Most regular corporations. >> Real estate professionals who materially participate in a real property trade or business an d who satisfy eligibility requirements regarding the proportion and amount of time spent in such businesses. For other taxpayers, two exceptions apply: a general exception and a specific exception for certified rehabilitations. Fal General Passive Loss Rules Taxpayers with incomes less than $100,000 (generally, adjusted gross income with certain modifications) may take up to $25,000 in losses annually from rental properties. This $25,000 annual limit on losses is reduced for individuals with incomes between $100,000 and $150,000 and eliminated for individuals with incomes over $150,000. Passive Credit Exemption Individuals; including limited partners, with modified adjusted gross incomes of less than $200,000 (and, subject to phase out, up to $250,000) investing in a rehabilitation credit project may use the tax credit to offset the tax owed on up to $25,000 of income. Thus, a taxpayer in the 33 % tax bracket could use $8,250 of tax credits per year (33% x $25,000 = $8,250). This $25,000 amount is first reduced by losses allowed under the general "passive loss" rule above for taxpayers with incomes less than $150,000. Alternative Minimum Tax For purposes of the rehabilitation tax credit, the alternative minimum tax does not apply to qualified rehabilitation expenditures "properly taken into account for periods after December 31, 200T" However, for qualified rehabilitation expenditures taken into account for periods before January 1, 2009, taxpayers who are not required to pay tax under the regular tax system may still be liable for tax under the alternative minimum tax laws. Alternative minimum taxable income is computed from regular taxable income with certain adjustments and the addition of all appropriate tax preference items. Nonrefundable credits, such as the rehabilitation tax credit, may not be used to reduce the alternative miinimurn tax. If a taxpayer cannot use the tax credit because of the alternative minimum tax, the credit can be carried back or forward. ehabilitations Involving Governments and Other Tax -Exempt Entities Property used by governmental bodies, nonprofit organizations, or other tax-exempt entities is not eligible for the rehabilitation tax credit if the tax-exempt entity enters into a disqualified lease (as the lessee) for more than. 50% of the property. A disqualified lease occurs when: Part or all of the property was financed directly or indirectly by an obligation in which the interest is tax-exempt under Internal Revenue Code Section 103 (a) and such entity (or related entity) participated in such financing; or, Under the lease there is a fixed or determinable price for purchase or an option to buy which involves such entity (or related entity); or, » The lease term is in excess of 20 years; or, The lease occurs after a sale or lease of the property and the lessee used the property before the sale or lease. Other Tax Incentives for Historic Preservation Other Federal and State tax incentives exist for historic preservation. They may be combined with the rehabilitation tax credit. Charitable Contributions for Historic Preservation Purposes Internal Revenue Code Section 170(h) and Department of the Treasury Regulation Section 1170A-14 provide for income and estate tax deductions for charitable contributions of partial interests in historic property (principally easements). Generally, the IRS considers that a donation of a qualified real property interest to preserve a historically important land area or a certified historic structure meets the test of a charitable contribution for conservation purposes. For purposes of the charitable contribution provisions only, a certified historic structureneed not be depreciable to qualify, and may include the land area on which it is located. A facade easement on a building in a registered historic district must preserve the entire exterior of the building (including its front, sides, rear, and height) and must prohibit any change to the exterior of the building that is inconsistent with its historic character. The easement donor must enter into a written agreement with the organization receiving the easement contribution, and must provide additional substantiation requirements. If the deduction claimed is over 810,000, the taxpayer must pay a $500 filing fee. For additional information, see IRS publication 526. State Tax Incentives A number of States offer tax incentives for historic preservation- They include tax credits for rehabilitation, tax deductions for easement donations, and property tax abatements or moratoriums. The SHPO will have information on current State programs. Requirements. for State incentives may differ from those outlined here. Tax Credit for Low -Income Housing The Tax Reform Act of 1986 (IRC Section 42) also established a tax credit for the acquisition and rehabilitation, or new construction of low-income housing. The credit is approximately 9% per year for 10 years for projects not receiving certain Federal subsidies and approximately 4% for 10 years for projects subsidized by tax-exempt bonds or below market Federal loans. The units must be rent restricted and occupied by individuals with incomes below the area median gross income. The law sets a 15-year compliance period, Credits are allocated by State housing credit agencies. The tax credit for low-income housing can be combined with the tax credit for the rehabilitation of certified historic structures. 0 The Secretary of the Interior's Standards for Evaluating Significance Within Registered Historic Districts The following Standards govern whether buildings within a historic district contribute to the significance of the district. Owners of buildings that meet these Standards may apply for the 20 % rehabilitation tax credit, Buildings within historic districts that meet these Standards cannot qualify for the 10% credit. 1. A building contributing to the historic significance of a district is one which by location, design, setting, materials, workmanship, feeling and association adds to the district's sense of time and place and historical development. 2. A building not contributing to the historic significance of a district is one which does not add to the district's sense of time and place and historical development; or one where the location, design, setting, materials, workmanship, feeling and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost. 3. Ordinarily buildings that have been built within the past 50 years shall not be considered to contribute to the significance of a district unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the district are considered to be less than 50 years old. 979 The Secretary of the Interior's Standards for Rehabilitation Rehabilitation projects must meet the following Standards, as interpreted by the National Park Service, to qualify as "certified rehabilitations" eligible for the 20% rehabilitation tax credit. The Standards are applied to projects in a reasonable manner, taking into consideration economic and technical feasibility. The Standards (36 CPR Part 67) apply to historic buildings of all periods, styles, types, materials, and sizes. They apply to both the exterior and the interior of historic buildings. The Standards also encompass related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of aproperty shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties changeover time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7_ Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment, 10. New additions and adjacent or, related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Van Allen and Son Department Store, Clinton, Inwa Og13- 1915). Courtesy Ccmmunity Housing Initiatives, Inc. Fix For More Information For more information on tax incentives for historic preservation, contact the NPS, the IRS, or one of the SHPOs listed below. Available information includes: » NPS publications on appropriate methods to preserve historic buildings. These include Guidelines for Rehabilitating Historic Buildings, Preservation Briefs, and many others. » The Historic Preservation Certification Application (a 3-partform: Part 1—Evaluation of Significance; Part 2—Description of Rehabilitation; Part 3—Request for Certification of Completed Work). » Department of the Interior, National Park Service, regulations on "Historic Preservation Certifications." P 6 CFR Part 671. » Department of the Treasury, Internal Revenue Service, regulations on "Investment Tax Credit for Qualified Rehabilitation Expenditures." [Treasury Regulation Section 1.48-121. » Market.SegmentSpecializationProgram: Rehabilitation Tax Credit (available only from the IRS). National Park Service Preservation Tax Incentives Technical Preservation Services National Park Service 1849 C Street, NW Washington, DC 20240 tel: 202-513-7270 email• nps-jps@nps.gov main web: www.nps.gov/tps tax web: www.nps.gov/tps/tax-incentives.htin Internal Revenue Service web: www.nps.govttps/tax-ince-ntives/before-apply/irs. htm Additional IRS website: http://www.irs,gov/Businesses/ Small-Businesses,-&-Self-Employed/Reb abilitation -Tax- Credit—Real-Estate-Tax-Tips State Historic Preservation Offices Websites for the State Historic Preservation Offices listed below can befound at: www.ncshpo,org ALABAMA, Alabama Historical Commission, 468 South Perry Street, Montgomery, AL 36130-0900, 334-242-3184. ALASKA, History andArcheology,Department ofNatural Resources, Division of Parks and Outdoor Recreation, 550 W 7th Avenue, Suite 1310, Anchorage, AK 99501-3565, 907-269- 8721. ARIZONA, Office of Historic Preservation, Arizona State Parks, 1300 W. Washington, Phoenix, AZ 85007, 602-542-4009. ARKANSAS, Arkansas Historic Preservation Program,1500 Tower Building, 323 Center Street, Little Rock, AR 72201, 501-324-9880. CALIFORNIA, Office of Historic Preservation, Department of Parks and Recreation, 1725 23rd Street, Suite 100, Sacramento, CA 95816-7100, 916-445-7000. COLORADO, Colorado Historical Society, Colorado History Museum,1200 Broadway, Denver, CO 80201-2109, 303-447-8679. CONNECTICUT, Connecticut Commission on Culture and Tourism, History and Museums Division, One Constitution Plaza, 2nd Floor, Hartford, CT 06103, 860-256-2800. DELAWARE, Division of Historical and Cultural Affairs, 21 The Green, Dove, DE 19901, 302- 736-7400. DISTRICT OF COLUMBIA, Historic Preservation Office, D.C. Office of Planning, 1100 4th Street, SW, Suite E650, Washington, DC 20024, 202-442-7600. FLORIDA, Division of Historical Resources, Department of State, R.A. Gray Building, 500 S. Brotiough Street, Tallahassee, FL 32399-0250, 850-245- 6333. GEORGIA, Department of NaturalResources, Historic Preservation Division, 254 Washington Street, SW, Ground Level, Atlanta, GA 30334, 404-656-2840. H AWAII, Hawaii Historic Preservation Office, Kakuhihewa Building, 601 Kamokila Boulevard, Kapolic, HI 96707, 808-587-0401. IDAHO, Idaho State Historic Preservation Office, 210 Main St., Boise, ID 83702-7264, 208-334-3947, ILLINOIS, Illinois Historic Preservation Agency, Preservation Services Division, One Old State Capitol Plaza, Springfield, IL 62701, 217-782-4836. INDIANA, Department of Natural Resources, 402 West Washington Street, Room W 274, Indianapolis, IN 46204, 317-232-0693. I OWA, State Historical Society of Iowa, 600 East Locust Street, Des Moines,1A 50319- 0290, 515-281-4137. KANSAS, Kansas State Historical Society, Cultural Resources Division, 6425 SW 6th Avenue, Topeka, KS 66615-1099, 785 272-8681. KENTUCKY, Kentucky Heritage Council, 300 Washington Street, Frankfort, KY 40601, 502-564- 7005. LOUISIANA, Office of Cultural Development, PO Box 44247, Baton Rouge, LA 70804, 225-342-8160. MAIN E, Maine Historic Preservation Commission, 55 Capitol Street, Station 65, Augusta, ME 04333-0065, 207-287-2132. MARYLAND, Maryland Historical Trust,100 Community Place, Crownsville, MD 21032-2023, 410-514-7600. MASSACHUSL=S, Massachusetts Historical Commission, Massachusetts Archives Facility, 220 Morrissey Boulevard, Boston, MA 02125, 617- 727-8470, MICHIGAN, State Historic Preservation Office, Michigan Historical Center, Department of History, Arts and Libraries, PO Box 30740, 702 W. Kalamazoo Street, Lansing, MI 49909-8240, 517-373-1630. MINNESOTA, Minnesota Historical Society, State Historic Preservation Office, 345 Kellogg Boulevard West, St. Paul, MN 55102-1906, 651-259- 3000 MISSISSIPPI, Department of Archives and History, PO Box 571, Jackson, MS 39205-0571, 601-576-6850. MISSOURI, Department of Natural Resources, PO Box 176, Jefferson City, MO 65102, 573-751-7858. MONTANA, Montana Historical Society,1410 8th Avenue, PO Box 201202, Helena, MT 59620- 1202, 406-444-7715, NEBRASKA, Nebraska State Historical Society 1500 R Street, PO Box 82554, Lincoln, NE 68501-1651, 402-471-3270, NEVADA, State Historic Preservation Office, 901 S. Stewart Street, Suite 5004, Carson City, NV 89701, 775-684- 3448, NEW HAMPSHIRE, Division of Historical Resources,19 Pillsbury Street, 2nd Floor, Concord, NH 03301-3570, 603- 271-3483. NEW JERSEY, Mail Code 501-04B, Department of Environmental Protection, Historic Preservation Office, PO Box 420, Trenton, NJ 08625-0240, 609-984-0176. NEW MEXICO, State Historic Preservation Division, Office of Cultural Affairs, Bataan Memorial Building, 407 Galisteo Street, Suite 236, Santa Fe, NM 97501, 505-827-6320. NEW YORK, Office of Parks, Recreation and Historic Preservation, Bureau of Historic Preservation, Peebles Island, PO Box 189, Waterford, NY 12188- 0189, 518-237-8643. NORTH CAROLINA, Office of Archives and History, 4617 Mail Service Center, Raleigh, NC 27699-4617, 919-807-6570, NORTH DAKOTA, State Historical Society of North Dakota, ND Heritage Center, 612 East Boulevard Ave., Bismarck, ND 58505, 701-328-2666. OHIO, Historic Preservation Office, Ohio Historical Society, 800 East 17th Avenue, Columbus, OH 43211-2474, 614-297- 2300. OKLAHOMA, State Historic Preservation Office, Oklahoma History Center, 900 Nazih Zuhdi Drive, Oklahoma City, OK 73105-7917, 405-521-6249.ORECON, Oregon Historic Preservation Office, 725 Summer St. NE, Suite C, Salem OR 97301, 503-986-0690. PENNSYI VANTA, Pennsylvania Historicatand.Museum Commission, Bureau for Historic Preservation, Commonwealth Keystone Building, 400 North Street, 2nd Boor, Harrisburg, PA 17120-0202, 717-783-8946, COMMONWBAI TH OF PUF.RTO RICO, State Historic Preservation Office, PO Box 9023935, San Juan, PR 00902-3935, 787-721-3737. RHODE ISLAN D, Rhode Island Historical. Preservation and Heritage Commission, Old State House,150 Benefit Street, Providence, RI 02903, 401-277-2678. SO UTH CAROLINA, Department of Archives and History, 8301 Parklane Road, Columbia, SC 29223-4905, 803-896-6196, SOUTH DAKOTA, South Dakota State Historical Society, 900 Governors Drive, Pierre, SD 57501-2217, 605-773-3458. TENNESSEE, Tennessee Historical Commission, 2941 Lebanon Road, Nashville, TN 37243-0442, 615-532-1550. TEXAS, Texas Historical Commission, PO Box 12276, Austin, TX 78711-2276, 512-463-6100. UTAH, Utah State Historical Society, 300 S. Rio Grande, Salt Lake City, UT 84101-1106, 901-533-3500, VERMONT, Vermont Division for Historic Preservation, National Life Building, Drawer 20, Montpelier VT 05620-0501, 802-828.3047. VIRGIN ISLANDS, Virgin Islands State Historic Preservation Office, Drormingens Grade 71&72A, Kongens Quarter, Charlott Amalie, St. Thomas, VI 00802, 340-776-8605. VIRGINIA, Department of Historic Resources, 2901 Kensington Avenue, Richmond, VA 23221, 804-367-2323. WASHINGTON, Department of Archaeology andastoric Preservation, PO Box 48343, Olympia, Washington 99504-8343, 360-586-3065. WF,ST VIRGINIA, Division of Culture and History,1900 Kanawha Boulevard East, Capitol Complex, Cbarleston, WV 25305-0300, 304-55.8-0220. WISCONSIN, Division of Historic Preservation- Public History, Wisconsin Historical Society, 816 State Street Madison, WI 53706, 608-264-6491. WYOMING, State Historic Preservation Office, Division of Cultural Resources, Wyoming State Parks and Cultural Resources, Barrett Building, 3rd Floor, 2301 Central Avenue, Cheyenne, WY 82002, 307-777-7697.