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HomeMy WebLinkAboutMay252017KHPRCagendapacketreducedMEETING OF THE KAUA'I COUNTY HISTORIC PRESERVATION REVIEW COMMISSION THURSDAY, MAY 25, 2017 R E r*I V F 3:00 p.m. (or soon thereafter) Llhu'e Civic Center, Moikeha Building MEETING ROOM 93 4444 Rice Street, L-ihu'e, Kauai 17 MAY 19 p 2 *9 r,l AGENDA 1$1 '. A. CALL TO ORDER B. SWEARING IN OF NEW COMMISSION MEMBER C. ROLL CALL D. APPROVAL OF THE AGENDA E. APPROVAL OF THE APRIL 27, 2017 MINUTES F. HEARINGS AND 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. 1. HEARING a. Proposed Rules of Practice and Procedure of the County of Kauai Historic Preservation Review Commission. This Commission is proposing rules that will establish the following: "General Provisions"; "Organization & Parliamentary Rules"; "Public Records, Inspection, and Availability" Procedures; and "Rule Adoption, Amendment, or Repeal Procedures." May 25, 2017 K.H.P.R.C. Meeting Agenda Page 2 G. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS H. COMMUNICATIONS 1. Letter (4/89/17) to Michael A. Dahilig, Planning Director from Ford N. Fuchigami, Director of Transportation, State of Hawaii, Department of Transportation regarding the Potential Lease Renewal and Assignment of DOT- A-09-001; Smoky Mountain Helicopters, Inc., Port Allen Airport, Tax Map Key: (4) 1-8-08: Portion of 4. I. UNFINISHED BUSINESS 1. Discussion on the status of the Certified Local Government. J. NEW BUSINESS 1. Green Garden Hotel (Hanapepe Inn) TMK: 1-9-006:007, 4541 Hana Road, Hanapepe, Kauai Proposed renovations to the existing building to a suitable condition for transient accommodation once again. K. COMMISSION EDUCATION COMMITTEE 1. Grant Application for Certified Local Government Funds for National Preservation Institute training on Oahu. L. KAUAI HISTORIC RESOURCE INVENTORY UPDATE COMMITTEE M. HISTORIC PRESERVATION PUBLICITY COMMITTEE N. DATE AND AGENDA TOPICS (June 22, 2017) May 25, 2017 K.H.P.R.C. Meeting Agenda Page 3 �a 01 m N nolV,111im,11 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 Mo'ikeha Building, Liquor Control Meeting Room 3 MINUTES A regular meeting of the Kauai County Kauai Historic Preservation Commission (KHPRC) was held on April 27, 2017 in the Mo'ikeha Building, Liquor Control Meeting Room 3. The following Commissioners were present: Chair Victoria Wichman, Vice -Chair Deatri Nakea, Larry Chaffin Jr., James Guerber, Charlotte Hoomanawanui, Stephen Long, and Anne Schneider. The following Commissioner was absent: Althea Arinaga - excused. The following staff members were present: Planning Department — Myles Hironaka; Ka'aina Hull, Shanlee Jimenez; Office of the County Attorney — County Attorney Mauna Kea Trask; Office of Boards and Commissions — Commission Support Clerk Sandra Muragin. CALL TO ORDER The meeting was called to order at 3:13 p.m. SWEARING IN OF NEW COMMISSION MEMBER Mr. Eddie Topenio, Administrative Assistant to the County Clerk conducted the swearing in of new Commission member Mr. James Guerber. ROLL CALL Chair Wichman: We will now commence with roll call. Deputy Planning Director Ka'aina Hull: Commissioner Arinaga is excused. Commissioner Chaffin? Mr. Chaffin Jr.: Here Mr. Hull: Commissioner Guerber? Mr. Guerber: Here Mr. Hull: Commissioner Hoomanawanui? Ms. Hoomanawanui: Here Mr. Hull: Commissioner Long? Mr. Long: Present. Mr. Hull: Commissioner Nakea? Ms. Nakea: Here. Mr. Hull: Commissioner Schneider? Ms. Schneider: Here. Mr. Hull: Chair Wichman? Chair Wichman: Here. Mr. Hull: Chair, we have quorum. APPROVAL OF THE AGENDA Chair Wichman: I need an approval of the agenda. Mr. Hull: The department request, being the applicant is in house, that agenda J(a) move to right after G, Announcements and General Business Matters. Ms. Schneider: I make a motion to approve the amended agenda. Mr. Guerber: I second that. Chair Wichman: All those in favor? (Unanimous voice vote). Nays? Motion carried 7:0. APPROVAL OF THE MARCH 23, 2017 MINUTES Mr. Hull: Next on the agenda is approval of meeting minutes of March 23, 2017. Chair Wichman: Everyone had a chance to read the minutes? Ms. Schneider: I make a motion that we approve the March 23, 2017 meeting minutes. Ms. Nakea: I second. Mr. Chaffin Jr.: I have a question on page 10, first paragraph, about "Immediate repairs are going to be bid out within the next few weeks." What is the status? April 27, 2017 KHPRC Meeting Minutes Page 2 of 11 Mr. Hull: We did not get any updates from the applicant on this but we will follow up and transmit them to the Commission. Chair Wichman: Any discussion? All those in favor? (Unanimous voice vote) Any opposed? Motion carried 7:0. Thank you. PUBLIC COMMENT Mr. Hull: Next agenda item is F, Public Comment. Are there any members of the public here that would like to testify prior to the individual agenda item being discussed? That opportunity is afforded at this time. Seeing none, the next agenda item is G. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS Mr. Hull: There are no announcements and general business matters at this time. NEW BUSINESS Re: Duane A. Girard 3716 A Hanapepe Road TMK: 1-9-005:004 Hanapepe, Kauai Reconstruction of Existing Building and Storage Addition. Mr. Avery Youn: Good afternoon Commissioners my name is Avery Youn, I am an Architect, next to me is Duane Girard owner of Girard's Quality Cleaners. These plans started with a draftsman who had no idea that he would have to come before this Commission, so he brought this to me to do the big building in the back and the structural engineering. The first picture shows the building and what you see is not the original fagade and roof, PS&D was in there previously and they made renovations. The second picture shows demolition started and the contractor didn't think a permit was needed so they removed the canopy. The contractor stopped, got the permits in order and now we are here before you. The third picture shows the wood rot behind the fagade, so even if the canopy was still there the wood would eventually deteriorate. The fourth picture is a side view and the black line that I drew on there is where the hollow tile wall behind this building will protrude out from the side. These are the construction plans that we submitted for building permit. This is the view showing the existing fagade and as you can see in this picture there is an existing front lanai by the entry, but because the owners needed more room the existing lanai is now part of the office space. This view shows the west side fagade replaced to match what's there now. The height of the back building is about 40 feet but at street level you will not to see the back building part; this is just for building permit purposes. What you will see is the extension on the side which is made of hollow tile. The major difference from what you see today and what you will see in the new building is that the April 27, 2017 KHPRC Meeting Minutes Page 3 of 11 front lanai has been removed. We're here to see what your comments are and make any adjustments that we have to, if necessary. Mr. Girard: The front lanai railings were taken off during demolition for safety reasons because it started to collapse during demolition. The Fire Department required us to have so much space between the two buildings and because we needed the square footage we moved the wall forward. Chair Wichman: Are there any questions from the Commissioners? Mr. Hull: As a point of clarification, because it wasn't clear on the profile that was transmitted to the Commissioners, the structure before you was originally constructed in 1926 which puts it into the historical classification. It's non-residential, over 50 years old and it has that classification. I apologize I wasn't clear when we transmitted it but our historical inventory survey classified this property as lost integrity. That can be attributed to the fact that there were significant alterations made to the building in 1992, which for better or worse, didn't come before this body. It is historical because it's 50 years old and has lost integrity, so I hope I didn't confuse the situation. Mr. Girard: That's why we took off the roof line and put it back to the way it was. We want our building to still look like part of Hanapepe Town. Mr. Long: I understand the need to satisfy zoning requirements, spaces between buildings, and maximizing the square footage but you essentially took the front of the building and moved it out? Mr. Girard: Basically, right where the railings are is where the wall is. We left the original steps and it walks into the office foyer. We are not demolishing anything in the front, the cement lanai is still there. Mr. Long: Is your new building 30" above grade that is needed for a railing around the lanai? Mr. Girard: There is no lanai anymore. Mr. Youn: It's probably lower, there's only four risers so it will probably be closer to 30". Mr. Long: When was the original building built? Mr. Hull: 1926. Mr. Long: How similar is this building to the 1926 building? Mr. Girard: The only thing still there from 1926 is the front. Mr. Long: Any of the windows? April 27, 2017 KHPRC Meeting Minutes Page 4 of 11 Mr. Girard: The doors are remodeled and they added space to both sides of the building and covered it with vinyl siding. I'll give you a little history on that because I've been renting the back property now for over 23 years and every year the structural engineer reports the building has deteriorated and the walls are giving way. Ms. Nakea: Is there a specific purpose for the hollow tile wall extension? Mr. Girard: The back building is hollow tile. Mr. Youn: That's to meet Fire Code which requires a two hour fire wall and a parapet going 30 feet above the roof line. Mr. Hull: We've had discussions about the new rules with this body as far as recommendations and the Department is attempting to incorporate those as conditions of approval for building permits. The example is the former Oki Diner, a historic structure, and they wanted to change the roof type. The proposed roofing material was not consistent with the historic roofing material and this body took the position that original shingles or something similar should be used. That was the position of this body to the applicant as well as to the Planning Department. When the building permit came in with an old and different type of roofing material we denied that permit based on comments this body made. We held them to the standard of using original shingles or something similar in nature. When they came back with something similar in nature we approved it. That is how we intend to keep moving forward to maintain the historic preservation program. The only potential impact that one can see in this building is the projection of the hollow tile structure which does impact the fagade. Should this body take that position it would be an advisory remark made solely to the applicant and not something the Department would hold as a condition of approval because it has lost integrity. I wanted to make it clear in this situation we won't hold conditions here for historic preservation purposes, because it has lost integrity. We don't think it would be appropriate, but any comments on the historic nature that this body wants to make to the applicant would be appropriate. Mr. Long: I hear from you that the only original elements from the original 1926 building is the front lanai and railings. I just want to comment that for me, the railings on the lanai lends a sort of residential detailed articulation to the Hanapepe street scape. I would recommend that the railings be incorporated into the new building design around the lanai that existed in the original building. Mr. Youn: Can you clarify? Are you asking that it be along the entire frontage or just at the new entry? Mr. Girard: There is no lanai and we do not plan to replace the lanai. Mr. Long: I see, you are pushing the whole lanai front out. Mr. Girard: No, we are pushing the building to the front of the lanai. The windows in the drawing is the section where the railings were. April 27, 2017 KHPRC Meeting Minutes Page 5 of 11 Mr. Long: So there will be no lanai? Mr. Girard: Yes. We start at 6:00 a.m. in the morning and there are 57 employees. We have a lot of female workers and security is an issue because of the homeless. It's unpleasant and I don't mind them using the facility but we clean up their feces, laundry and everything else. I have 57 year old ladies walking to work at 5:30 to 6:00 a.m. in the morning and it's scary. At one time there were up to 19 homeless people sleeping on the lanai and that is another reason why we moved the wall further up. Chair Wichman: Any other questions? Mr. Long: Chair, I'd like to make a motion that we accept the proposal as presented to the Commission. Chair Wichman: We have a motion on the floor. Mr. Guerber: I second that. Chair Wichman: Seconded by Mr. Guerber. Any discussion? All those in favor? (Unanimous voice vote) Any opposed? Motion carried 7:0 COMMUNICATIONS a. Letter (4/5/17) from Michael A. Dahilig, Director, County of Kauai Planning Department to the Honorable Suzanne Case, Chair, Board of Land and Natural Resources, State of Hawaii and the Honorable Ford Fuchiguami, Director of Transportation, State of Hawaii Regarding the Potential Lease Renewal and Assignment of DOT-A-09-0001; Smoky Mountain Helicopters, Inc., Port Allen Airport, Tax Map Key (4) 1-8-08: Portion of 4. Chair Wichman: Next on the agenda, we have communications and there is a letter from the Planning Department. Mr. Hull: The letter you have is from the Planning Director to the Department of Transportation (DOT) regarding the potential renewal lease of the helicopter site out at the Hanapepe Airport. This body has been closely watching the on -goings of the DOT, Parks Department of the County, and Public Works grading improvements around the area and the impact it has on the salt beds. There have been numerous problems caused by intensified airport use and park use that have negatively impacted the salt bed production and cultural site. The Department got wind of the renewing lease and the possibility of further intensified helicopter use in that area and there may be issues. The Department has encouraged the DOT to adhere to the H.R.S. 6(e) policy and to present those potential improvements to this body. We haven't received an application or letter from them however I can announce that they have suspended the process of renewing the lease. We don't officially have an application but we wanted to transmit this letter for your receipt and discussion. April 27, 2017 KHPRC Meeting Minutes Page 6 of 11 Mr. Long: Will they be coming before this Commission? Mr. Hull: Our position is renewal of a lease which could intensify use does require your review under 6(e). The agency tasked with administrating 6(e) is the State Historic Preservation Division (SHPD) and we haven't gotten official word from them as to whether or not the proposal does in fact necessitate SHPD review, as well as KHPRC (Kaua`i Historical Preservation Review Commission) review. Mr. Long: I believe this Commission should review that. Mr. Hull: Yes, we are in agreement and that is why we wrote the letter. Mr. Guerber: It is my understanding they had troubles with Salt Pond and I don't recall when it started. When the Humane Society was back there was there trouble then? Mr. Hull: I believe so. Mr. Guerber: When did the trouble start? Someone said when the road was paved. County Attorney Mauna Kea Trask: It goes far back and there was even conflict within the salt farmers themselves. It's like an on -going issue and I don't know if you will ever be able to go back and identify the impetus for the beginning of the problem. But as far as problems with the Government it probably started when they made the road or the territory made the airport, but it could even be before that. Mr. Guerber: Well, we all want that facility to continue producing salt for those families. I think that's really important to Kauai and we don't know how to solve it. Obviously no one really knows. Mr. Trask: Yes, I don't know what the solution is or where to look. It's an issue to always be aware of and monitor and do everything we can in order to preserve it. Chair Wichman: So basically we're just accepting this letter in support. Mr. Trask: I think a motion to receive procedurally would be appropriate. I think we can all rest assured that Planning has identified this as an issue and will advocate exactly what the position of this body is and the community at large. Ms. Schneider: Chair, I make a motion that we receive this information. Chair Wichman: Ms. Schneider has made a motion to receive. Mr. Guerber: I second that motion. Chair Wicham: Mr. Guerber has seconded. Any discussion? All in favor. (Unanimous voice vote) Any opposed? Motion carried 7:0. April 27, 2017 KHPRC Meeting Minutes Page 7 of 11 Mr. Chaffin Jr.: Can you clarify the motion and exactly what we're saying? Chair Wicham: We moved to receive this from the Planning Department. Mr. Guerber: I got this explained to me a couple of days ago. All we do is acknowledge officially that we received this letter. We have to vote on it but for now we officially receive the letter and it's in the record. Mr. Chaffin Jr.: Have we taken a position on the motion? Mr. Guerber: No it's just to receive. Mr. Hull: For clarification, every time you have an agenda item there needs to be some action taken on it. If there's not enough information available and the Department needs additional time to provide it to you or the applicant needs additional time, there can be a motion to defer. If you have all the information and there's no objection and there's no official position being taken, it's standard to do a motion to receive. You're just receiving it for the record and in order to dispose of the agenda item. Now if this body wants to take an actual position, then a motion of some type of position in support of, opposition to, reasons why, that's the other type of motion that can be made and acted upon. UNFINISHED BUSINESS 1. Discussion on the status of the Certified Local Government Mr. Hull: As many of you know, SHPD recently lost one of their primary Historic Planners, Anna Broverman, who worked very closely with this body. We still have Kaiwi Yoon who is the Architecture Branch Chief. I'm not sure if their funding dried up but we haven't seen SHPD attend any of our meetings and in fact they haven't attended a single one since she left. They have some staffing issues and we are trudging along in the shadow of Ms. Broverman's absence. The only update I have is that Maui County, Hawaii County, and Kauai County just recently submitted a CLG grant application for additional training purposes for the Commissions. That was submitted for a preliminary review, not an Official wet copy document but a preliminary review to SHPD last week Friday. That's the only real move we've made in the CLG process. We still are awaiting word as to whether or not the CLG application for consultation purposes for the nomination of the Hanapepe Bridge to the State and National Registry has been acted upon. It was accepted as complete and deemed ready for review but we still haven't heard if it was approved or denied. Those are the two updates we have at this time. Mr. Long: Didn't we have another project slated for our CLG other than the Hanapepe Bridge? Mr. Hull: Excuse me, there is also the archeological curator in limbo with SHPD and the last we heard of that was when Ms. Broverman was still there. There was a concern over whether or not the Parks Department could accept funds when the Planning Department is the official agency tasked with running the CLG for Kauai. Ms. Broverman wasn't saying no, she said there is April 27, 2017 KHPRC Meeting Minutes Page 8 of 11 some concern and needed to check it out which is why that application was not accepted. We have two applications, one for the consultation purpose for Hanapepe, and one for consultation purposes for the curation site. They ultimately deemed the Hanapepe application complete and accepted it for review. They didn't kick the curation application out, they just said they have concerns and would get back to us. In Ms. Broverman's absence, I'm not sure how long it's going to take, because it's been over a year. Mr. Long: So this year are we going to take the total amount of funds and split it up equally amongst the three Counties? Mr. Hull: The last discussion I had with the CLG Coordinator is they are now looking at going back to the process where funds rotate from island to island evenly. In the past few years they reviewed each application and judged them on a competitive basis. The best one was going to get the funds. Just because you didn't get it last year, didn't mean you get a cut this year or that you're entitled to it. If Kauai submitted all the greatest applications then Maui and Hawaii didn't get any funds. Since that time there have been discussions on whether or not they should go back to the old system but I don't think they've made a decision on that yet. The Department in the absence of an actual planner, is a bit hesitant to go after the robust projects. The fact that we don't have a Historic Preservation Planner is why we tend to focus more on the applications and educational opportunities for both ourselves and the Commissioners. Maui and Hawaii County were somewhat in agreement. So over the past few months we've had discussions on the sideline and decided to pool our resources together and go after monies for educational opportunities. That's what is in the pipes. Mr. Long: My comments for this Commission would be it would be wonderful if we could participate with the Big Island and Maui on any educational advancement. Over the last 5 years I've been to a number of these with members of this Commission and it's been really outstanding and an excellent use of funds. Mr. Hull: Well taken Commissioner. That is exactly how the Department and the other counties discussions evolved around getting our Commissioners to training with Commissioners from the other counties together. It's about networking, being able to exchange ideas and things that you deal with or struggling with and how other Commissions are handling it. In particular, this Commission over the past several years and through its own ordinance is more heavily focused on the architecture side of historic preservation. Hawaii County is the opposite, they are much more archeological focused. They asked how they could make a more robust architectural program and my response was how can we get a more robust archeological program. It's in the best interest for all of us. Chair Wichman: The Hawaii Island CLG has (inaudible) on their board and she was the lead archeologist for SHPD. Any other questions or comments. COMMISSION EDUCATION COMMITTEE Mr. Hull: The Commission Education Committee hasn't met and the Resource Inventory Update Committee hasn't met. April 27, 2017 KHPRC Meeting Minutes Page 9 of 11 Mr. Long: The Resource Inventory would like to meet as soon as possible, we only have one more afternoon in the car. Chair Wichamn: Can Myles let us know if we can go by email? Ms. Nakea: Do you typically do those on weekends? Chair Wichman: Yes, it's on week days. KAUA'I HISTORICAL RESOURCE INVENTORY UPDATE COMMITTEE Re: Update on the Permitted Interaction Group (PIG) for updating the Kauai Historical Inventory. Mr. Hull: The Kauai Historical Resource Inventory Update Committee, there is no report HISTORIC PRESERVATION PUBLICITY COMMITTEE Chair Wichman: The Preservation Publicity Committee has had nothing on it ever, maybe once. I guess there is nothing to report? So how long do we keep committees on here that don't meet? How do we take them off the agenda if they are not active? Mr. Hull: These are permitted interactive groups. Mr. Trask: They were formed via Chapter 92 and created via motions so you could disband via motion. If you would like to cancel them you just move to terminate. Mr. Hull: Does that have to be on the agenda? Mr. Trask: The purpose of the Sunshine Law is to notify the public, it is important. I would encourage you to do it. Mr. Hull: We will work with the Chair to put it on the next meeting's agenda. The Publicity Committee was specifically left on there because Commissioner Griffin wanted to see if there was any potential further discussion. I think the discussion might not have happened at the last meeting she attended. The Publicity Committee has not met for a couple of years now so the Department would have no objection to disbanding it. Mr. Long: I believe that publicity and public relations is an on -going issue and things come up all the time. If we disband then what happens when we want to do something? Ms. Schneider: I think we should leave it on. Mr.Long: Marketing and PR should be on there all the time. April 27, 2017 KHPRC Meeting Minutes Page 10 of 11 Mr. Trask: I hate to stifle the discussion but before you debate the merits of getting it out you should agenda this. It is important that you have discussions but you should agenda that discussion not only for you but also for the members of the public. Mr. Hull: We'll work with the Chair to get the specific items on the agenda. The Inventory Committee is still on -going but the Education and Publicity Committee will be on the agenda. I believe the Publicity Committee doesn't have any members. Mr.Long: I'm still a member. Mr. Hull: Commissioner Long is the only one left, the other members of the committee are no longer on the Commission. Chair Wichman: We will leave that discussion for the next meeting. Ms. Nakea: Chair, in regards to the Education Committee, which Commissioner Schneider and myself are still on, may we request a current list of educational opportunities? Mr. Hull: We'll have that on the next meeting's agenda. DATE AND AGENDA TOPICS (May 25, 2017) Chair Wichman: The next meeting is May 25th. Mr. Hull: We don't have any current applications for the May 25th meeting however some may come in over the course of the next few weeks. The only thing for the May 25th agenda is the public hearing for the adoption of KHPRC Rules and Regulations. ADJOURNMENT Chair Wichman: Meeting adjourned. Thank you. The meeting adjourned at 3:46 p.m. Respectfully Submitted, Sandra M. Muragin Commission Support Clerk Date: () Approved as circulated. () Approved with amendments. See minutes of meeting. April 27, 2017 KHPRC Meeting Minutes Page 11 of 11 RULES OF PRACTICE AND PROCEDURE OF THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION Chapter I. General Provisions 1-1-1 Purpose. 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 Defmitions. As used in these Rules, except as otherwise required by context: (1) "Agency" means the Planning Department of the County of Kauai or its authorized representative. (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 communication" 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 influencing 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 in order to make 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, firms, associations, societies, and federal, state and county departments of agencies. (8) "Presiding Officer" means and shall include any member of the Commission or hearing 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 same as defined in Chapter 92, HRS, and shall include maps, rules and regulations, written statements of policy or interpretation formulated, adopted or used by the commission meetings and records of any docket on file with F 1,610 MAY 2 5 2017 the Commission but shall not include records which invades the right of privacy of an individual. (11) "Rules" means the Rules of Practice and Procedure before the Commission. Chapter II. Organization & Parliamentary Rules 1-2-1 Commission Members (a) The Historic Preservation Review (HPR) Commission shall consist of nine (9) members, eight (8) of whom shall be appointed by the Mayor and the Council as provided in Sec. 23.02(B)(2) of the County Charter, as amended. At least five (5) of the HPR Commissioners shall be professionals of special expertise or interest from five (5) of the following disciplines: architecture; architectural history; archaeology; history; planning; or Hawaiian culture. The Mayor shall appoint four (4) members, with at least one (1) being a professional in history, one (1) in Hawaiian culture, and one (1) in Planning. The Council shall appoint four (4) members with at least one (1) being a professional in archaeology and one (1) in architecture/architectural history. The disciplines of archaeology, architecture or architectural history, history and Hawaiian culture must have professional representation on the HPR Commission, to the extent that such professionals are available in the County. In the event such expertise is not available within the County of Kauai, experts from within the State may be contacted to service the HPR Commission. When one (1) of these six (6) disciplines is not represented in the HPR Commission membership, the HPR Commission shall seek through appropriate means to acquire expertise in such missing area when considering National Register nominations and other actions that will impact properties which are normally evaluated by a professional in such a discipline. In addition, to the extent possible, there shall be one (1) representative HPR Commissioner from each of the five (5) Planning Areas in the County of Kauai. (b) The terms of the HPR Commissioners shall be staggered, with the initial appointments as follows: (1) One (1) year term: two (2) Mayor -appointed HPR Commissioners and two (2) Council -appointed HPR Commissioners. (2) Two (2) year term: two (2) Mayor -appointed HPR Commissioners and two (2) Council -appointed HPR Commissioners. (3) Three (3) year term: the HPR Commissioner appointed by the eight (8) HPR Commissioners previously appointed by the Mayor and the Council. 0 (4) Thereafter, the term of the office of the HPR Commissioners shall be three (3) years. No HPR Commissioner shall serve more than two (2) successive three (3) year terms. Should a vacancy arise prior to completion of the term, an appointment to fill such vacancy shall be made by the respective appointing authority only for the unexpired portion of the term. 1-2-2 Organization. At the regular January 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 January meeting, the incumbent chair may serve on a hold -over basis for a term not to exceed -ninety (90) days. 1-2-3 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 commission at such special meeting shall be confined to such matters. (c) Each member shall be given oral or written notice at least (5) working 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 committee's identifying the date, time, place, and subjects to be considered in compliance with the provisions of Chapter 91 and 92, HRS. 1-2-4 Adirn oument. Meetings may be adjourned at any time by vote, and unless otherwise specified in the motion, every adjournment shall be deemed to be the next meeting of the Commission. 1-2-5 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. 1-2-6 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. 1-2-7 Effective Date of Commission 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. 1-2-8 Minutes and Transcripts (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. 1-2-9 Officers and their Duties. (a) Presiding Officer. The Chairperson shall be the presiding officer of the Commission 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 Planning Director; (8) Do and perform such other duties as may be required by law, or such as may be properly appertain to such office; E (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 committee 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 Commission 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 Commission 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 immediately to the chairperson of the appropriate committee all petitions, resolutions, bills or other matters as may be duly referred to such committee; (6) To serve in all matters as ex-officio clerk of the Commission and to do and perform all clerical duties and services pertaining to such position as the Commission shall from 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. 1-2-10 Committees. There shall be two kinds of committee: (1) Standing Committees, which shall not exceed five members each. (2) Select Committies, which shall not exceed five members each. 1-2-11 Committee 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 of the Commission. (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 Commission. (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. 1-2-12 Standing Committees. The Commission may establish the necessary standing committees to further the responsibilities and functions of the Kauai Historic Preservation Review Commission. 1-2-13 Select Committees, A Select Committee shall consist of up to five (5) 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. 1-2-14 Committee Reports. (a) Every committee 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 Commission upon all matters referred to them, 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 recommendation as to the disposal of such matter. 1-2-15 Permitted Interactive Group. Pursuant to the rules and regulations of Hawaii Revised Statutes, Section 92-2.5, as amended, interaction of members is permissible. 1-2-16 Votin . (a) There shall be three methods of ascertaining the decision of the Commission upon any matter: 1st, by call of the members and a record made by the Clerk of the vote of each member; 2"a, by viva voca vote; YO, by unanimous consent. (b) Whenever the Commission is ready to vote on any questions, the 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 Clerk shall call the role. Unless a member is excused from voting, his silence shall be recorded as an affirmative vote. (c) No member shall refrain from voting unless excused by the Commission. (d) Whenever the ayes and noes are called, no one, without the unanimous consent, shall be permitted to explain his vote; and after the announcement of the result, no one shall be permitted to vote or to change his vote. 1-2-17 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 member shall promptly make a disclosure to the 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 7 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. 1-2-18 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. 1-2-19 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. 1-2-20 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 Commission. 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; third, to modify debate; forth, to postpone definitely; fifth, to commit or recommit; and sixth, to amend; which motions shall have precedence in the order named. The first four motions shall be decided without debate, and shall be put as soon as made. (d) When 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 same 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. 1-2-21 Reconsideration. When a motion has been once made and carried in the affirmative or negative, only a member who voted with the prevailing side may move, at the same meeting, or at the next meeting, to reconsider it, and such motion shall take precedence over all other questions except a motion to adjourn. 1-2-22 Order and Decorum (a) No person shall sit at the desk of the presiding officer or clerk 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 walk 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 Commission. 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 speak 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. 1-2-23 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 announcements 2. Communications 0J 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 Commission 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 committee 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. 1-2-24 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 and noes are called for. Such questions shall be decided by the Chair, without debate, subject to an appeal to the Commission. 1-2-25 Computation of Time. In computing any period of time under the rules herein, by notice, or by any order or regulation of the Commission, 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. 1-2-26 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. 1-2-27 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. 1-2-28 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. 1-2-29 When Rules are Silent. For good cause, the Commission may vote to suspend the rules. 1-2-30 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 10 effect without the invalid provision or application, and to this end the provisions of these Rules of Practice and Procedures are severable. Chapter III. Public Records, Inspection and Availability 1-3-1 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 matters 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 Denialof Inspection. Any person aggrieved by the denial by 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 HRS Chapter 92. Chapter IV Rule Adoption, Amendment, or Repeal Procedures 1-4-1 Initiation of Rule -Makin Proceedin s. (a) Motion by Commission. The Commission may, at time on 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 Commission. Petitions for rule making filed with the Commission will become matters of public record. 1-4-2 Form and Contents. Petitions for rule making 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 11 proposed rule, amendment, or repeal and shall deposit with the County funds sufficient to cover appropriate meeting 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 FIRS. (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 -making 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 Commission determines that the petition is in order and 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 requirements set forth in HRS Chapter 91-3. 1-4-5 Commission Action. The Commission shall consider all relevant testimony and documents of record before taking 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 written comments 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 fords 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 12 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. 13 <E........ .ITN �j DAVID Y. IGE ar'', 959 ;��.; FORD N. FLICHIGAMI �, �• ., :. GOVERNOR ar �' � r. •. DIRECTOR Deputy Dlrsotors ;•rt JADET. BLITAY �r;� •......••• '' _ ROSS M. HIGASHI — EDWIN H. SWFFEN STATE OF HAWAII 4 ` DARRELL T. YOUNG DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET AIR-EP HONOLULU, HAWAII 96813-5097 17 MY `2 A 6 ;0' 17.0042 April 28, 2017 ^/ TO: THE HONORABLE MICHAEL DAHILIG PLANNING DIRECTOR COUNTY OF KAUAI PLANNING DEPARTMENT FROM: FORD N. FUCH=NI&ATION MI DIRECTOR OF SUBJECT: POTENTIAL LEASE RENEWAL AND ASSIGNMENT OF DOT-A-09-001; SMOKY MOUNTAIN HELICOPTERS, INC., PORT ALLEN AIRPORT, TAX MAP KEY: (4) 1-8-08: PORTION OF 4 The Department of Transportation (DOT) has received your letter of April 5, 2017, regarding a lease transfer for DOT property, and Kauai Planning Department's "concerns with operations at Port Allen Airport (PAK) negatively impacting Hawaiian cultural practitioners conducting pa'akai (salt) making activities" at the Hanapepe Salt Pans. The letter makes a broad statement about the "people of Kauai relying on the traditional gathering of pa`akai for their sustenance;" raises concerns about historic preservation and practices; asserts the need for Kauai Historic Preservation Review Commission to review any changes to airport operations at PAK; and alleges that any increase to airport activities due to the lease transfer could exacerbate deteriorating conditions at the Salt Pans. DOT is aware of the ongoing environmental, historical and social issues at the Salt Pans. These matters were the topics of a March 16, 2016, meeting between Honorable Kauai Mayor Barnard Carvalho, Kauai Office of Economic Development, Kauai Parks and Recreation, Governor Ige's Kauai Representative, State Department of Land & Natural Resources (DLNR) Kauai Lead Archaeologist, and DOT officials. In the meeting, DOT informed Mayor Carvalho and Kauai County officials that the airport and helicopter ground operations are located approximately a quarter of a mile away from the Salt Pans. The helicopter operation complies with the mandated United States Environmental Protection Agency (USEPA) Spill Prevention and Control Countermeasure (SPCC) Plan for the above ground storage tanks. In addition, the helicopter operator has permission from Hawaii 4A, 1- MAY' 2 5 2017 The Honorable Michael A. Da.hilig April 28, 2017 Page 2 AIR-EP 17.0042 Department of Health to irrigate its leased property with non -potable effluent wash water from their oil/water separator. DOT complies with all statutory environmental protection requirements at the federal, state and county levels. DOT asserts that environmental degradation to the Salt Pans is created by vehicles and tour buses traversing and parking on the sand beach dune; the dune slopes towards the Salt Pans and drip -fluids from parked vehicles eventually runoff into the Salt Pans. Moreover, the daily traffic on the beach compacts the sand, which contributes to allowing sea water to flood the Salt Pans at high tide. Fxhaust fiimes, fi<gitive deist from vehicles, and trash from homeless camps around the Salt Pans exacerbate the environmental conditions at the pa'akai site. We share your concerns with respect to adverse environmental and social impacts, water quality, and historical preservation. To address some of the above issues, DOT conducts regular trash removal and sweeps of illegal camps and homeless encampments around the airport perimeter fence. DOT is bound by state and federal regulations and abides with all necessary requirements before finalizing lease agreements with potential tenants. With regards to the Smoky Mountain Helicopters, Inc. lease transfer and lease extension at PAK, the potential new tenant must meet all statutory requirements at the federal, state, and county levels before conducting any land use improvements to the leased property. DOT will conduct due diligence pursuant to statutory requirements and assures you that the pa'akal practitioners will be consulted, if warranted, by the lease negotiation requirements. In the matter of helicopter flight operations and impacts to the Salt Pans, there are certain components of airport operations that fall under federal authority, and neither the state nor county has any control over; i.e. aircraft noise, flight emissions, air space regulation, etc. In this case, the Federal Aviation Administration (FAA) has jurisdiction over all of Hawaii's airspace; once an airplane or helicopter is in flight, DOT does not have any control over the aircraft flight and only FAA has authority to regulate and enforce air traffic. DOT hopes that the above information sufficiently explains our position and actions pertaining to the environmental and social concerns raised in your letter. Please feel free to contact Mr. Dennis L. Neves, Airports District Manager, at (808) 274-3805, for further questions. CERTIFIED MAIL — RETURN RECEIPT REQUESTED c: Mr. Gordon Wong, Federal Aviation Administration Dr. Kamanaopono Crabbe, Office of Hawaiian Affairs Dr. Alan Downer, State Historic Preservation Division Hui Hana Pa' akai Ms. Suzanne Case, Dept. of Land and Natural Resources Name: Location: Owner: Original Use: Present Use: Condition: Integrity: KAUAI HISTORIC RESOURCE PROFILE Green Garden Hotel Kaumualii Highway, Hanapepe Sue Hamabata Tax Map Key : State Site No.: SLU District: Commercial County G P: Residential County Zoning: Good Date -Original: Apartment created, new entrance added, relocated on lot Date(s)-Altered: Historical Information: Distinguishing Features: One-story, rectangular -plan, wood -frame building of vertical tongue and groove siding. Girt at mid level on siding, to strengthen single -wall construction. Hip roof of corrugated metal. Singles, pairs, and triplets of 2/2 double -hung windows. Wooden porch steps. Horizontal boards screen the past -on -block foundations. Extensive landscaping surrounding the building. Major Source: Spencer Mason Architects. 1-9-06: 7 Urban I MAY 2 5 2017 NOTES: DOOR SCHEDULE sY®oL m,: INESIR"m NI Y-W' x S'-r t Is usm PANEL C11[f 0R PAIEL, ,.. INIIA101 e3'-ID s fi-A' 2 SG RAM PAXE4 MINE EXTENT LGJ RDER TEE Q I1142 1 11 w S I. GDNM RN 91All WI 0090A OF AIL XONRS RIM M CORK GIMA� MUNON a—ETFJJ 9A'RY NIG FRAYING CCIIHALNRS FM A NW01 OPENINGS. I ALL EAIENIGR ODORS WI1H 4AZlN M LI11112E WAL-UU10 IILNI, "AND. WINDOW SCHEDULE men 92E ,>ff fE501PIlW I�as 1 1 SAL/l NING WENT MINE RI AlS'-0 2 5-P 2 SIGIAL NI DI WI EXAYE HSTRO e1w S-0 _ d NI NR14 TRPIE KAO EXILE IINMC eI-fi s 1-S A AMII WX0 WADE X WIPING MEN EN1YE km, I. CON1E To 91AJ NEAIH GIMEN9GN5 AND LOTAIN OWNER'S PPRWAI OF AIL WINDOWS PRIG[ 10 01LEJPING. 2. LL INA7E MR f CRETJWA5CNRY Ah] FG;.WN GGIINAC10RS FLY ALL 9WC11 �!NG5. 1 WINGOW 512E5 A5 LAIIE0 fDR CN n F ELM 11ANS ME NOMW 6iNING SIO UNLF55 01NERMV N01i0. SCALE: 1/8 - 17T Pwasa I UgA LER NOTES: DOOR SCHEDULE sun ffi 1 Tf4 VEMPIFIIN pRam Ham PNIEI EXNER➢R S G RAM PANL1, NrEIZDF 1-IP x fi-6 P S,G RAU PANEL ORIHLE EYIpMIrt i RAIN uNE .._.,_ . nffz IREI NOIEi 1. CON7ACNR RAIL "r ONENSCNS a uL UM Pall! i0 INDwnc 2 CMORDINATE WN CONC�TcAAYINRY AND FMAUNG LONIRACIDM fW ALt ROUW T MNGs. .i_ ALL EITFINmi )WRIS YA7 (LAZING 1a URLIY DUAL-MLF) Jrd r, MINIMUM. cling ENTRY Iz 9 g Ia r ENTRY-IAN A€ W sF EHE ROOM A�OU R00 WF.OiwoRR ]� ORSTME ZTCHIC RngG MFY mir 3 21®RESTORE NWCEn TAM a TAG TLRNLNPLi Ta le (DRESTRE m MVLnx MN hA onus O1 REsTME IN I§PLaE fPIPiNAL NNO]wG SFRRtk t<q 11L'Al QS IMGiNl NCM 1DRET WINDOW SCHEDULETV n D ©INsrN wA Nn Eva m twE Is a"m R UI F CDs' eANIn a NEW LAVATOY e f-1' . 5'-0- 1 SPA& HLRG. MDN FRNE Nslwoc 9 9 (DIN A L lIf k FEII LAVATORY � o/N O-° wsvLL ba e� �LnA[M�1 ne 5-0 e 5'-P i St'NN HLNq ORIRLL MIND FiGYf HSIgaL 5 Al7 19 5 fN 10 INS[NL WfIJVr ARA 4WM[R a P OI6 D 5 OnU 6-0 I ® 1T INSW. WN Ta PAwawGR h IHIY 7 J i5'-0 1 SVSIAL HX TRIPLE VVO ERA - HNTO[ 9 Z IZ IvG Nm GOm A.Z. Nam IAYE 13 INSFpL NEN 4A1 Ctt11MNs -- 11 11 1A INSIAIL NEW [MINI AlVN AN\ING, wcao I E lEs>cu Q YERIM Is .w' RAIAC s N OiAk s IRAs[ ry 5 1s �wmr sRPs 1w 01lo Ie v LAY wO uz RAMR { ra � k Owl Bc) GAIN11. RO 11 A llG OM 1 sr Ise sr 7 0.Ggr O RUM! NNL W IH ME4 1ME3 IttEz OWE an Q 1. WNIRACIDR 9IALL 4L sY DIMENSIWS AND oEfAlx oW4I APPROVAL OF ALL AINOOAS PRIOR PO 6 EIRHG 2, GMORDINAIE'Mrx OpNCRETE/MASWY ANO FRAYING CONIPACIORG FHA All BUKH WENINCS .i, NNOOM SUS AS GALIFD rN DN 1Rr FLGCR PLANS ARE NI WEMIK 512E5 LXE5O DTNFRn15E NRTEII ENTRY LANAI 16 116 5j ly NPNP — TT —RAP �, . : � %me�� � � LE Hawaii State Historic Preservation Division Architecture Branch CLG Grant Application CERTIFIED LOCAL GOVERNMENT FY16 GRANT APPLICATION I. APPLICANT A. Coun 1. Maui County, Hawaii Count & Kauai Count B. Address 2200 Main Street, Suite 601 CiitY State Zip code Wailuku HI 96793 C. Contact Person for Grant Annalise Kehler D. Telephone Number for Contact Person 808-270-7506 E. Email Address for Contact Person Da n:n:alise.kehier@mauicounty.gov F. Grant Amount Requested $22,810 H. Total Project Cost $38,488 II, PRO] ECT SUM MARY (Use only the space provided -- description section follows) The grant will fund a two day cultural landscape management seminar hosted by the National Preservation Institute. The National Preservation Institute (NPI) is a nonprofit organization that provides professional training seminars to those involved in the management, preservation, and stewardship of cultural heritage. One planner and one commission member from each of Hawaii's Certified Local Governments will attend the seminar on Oahu. The first day of the seminar will provide CLG staff and commissioners with basic information related to historic and cultural landscape identification and management. The second day will examine the challenges associated with the preservation and long term management of these landscapes. NPI will tailor the seminar to local CLG interests by working with CLG staff and using Hawaii -based examples. Created 212012 Hawaii State Historic Preservation Division Architecture Branch g1 p ❑ A. Survey & Inventory ❑ Reconnaissance Level ❑ Intensive Level ❑ B. National Register Nominations ❑ C. Preservation Planning ❑X D. Educational and Interpretive Programs ❑ E. Special Projects CLG Grant Application IV. PROJECT DESCRIPTION (Use only the space provided) Organize your description in the following order (see instructions for more info): a. Thtroduction (includes local government goals & objectives) b. Project Description c. Statement of Need d. Project Objectives Introduction The Hawaii State Historic Preservation Plan identified the preservation of historic landscapes and natural areas as a key issue. The plan calls for the addition of more historic/cultural landscapes to the state's inventory of historic places. This seminar will provide CLG staff with the tools to understand the process of identification, evaluation, and nomination of historic landscapes to the National Register of Historic Places. It will also provide staff with best practice approaches for the management of these resources. Project Description The seminar will follow the standard agenda for the two day Landscape Preservation course offered by NPI. NPI will work with Hawaii's CLGs to use Hawaii -based examples. The attached agendas describe the topics to be discussed during the two day seminar. Statement of Need There are not many historic or cultural landscapes in Hawaii that have been formally recognized in the National Register of Historic Places. As a result, many of the archaeological and historic sites listed in Hawaii are not examined in a larger context. The natural landscapes these sites exist within are equally as important as the sites themselves. This seminar will help CLGs evaluate and preserve sites in a larger cultural context. Hawaii is blessed with a number of significant cultural landscapes that need to be formally documented and managed for future generations. 2 Created 2/2012 Hawaii State Historic Preservation Division Architecture Branch CLG Grant Application IV. PROJECT.DESCRIPTION (continued) Objectives The primary goal of the Landscape Preservation seminar is to arm Hawaii's CLG planners with the tools necessary to nominate historic and cultural landscapes to the National Register of Historic Places. 3 Created 212012 Hawaii State Historic Preservation Division Architecture Branch CLG Grant Application V. SCHEDULE FOR PROJECT COMPLETION . List each proposed grant activity separately estimating the start and completion dates. This should be a complete listing of all potential activities associated with the grant. Final projects must be turned in by Thursday, September 30, 2016. A start date and completion date are not sufficient for the Schedule of Project Completion. WORK TO BE ACCOMPLISHED Estimated Starting Date Estimated Completion Date Seminar Day One -- Landscape Preservation: An Introduction 08/15/2017 08/01/2017 Seminar Day Two - Landscape Preservation; Advanced Tools for Managing Change 08/16/2017 08/02/2017 Seminar Day Three -Wrap up 1/2 day 8/17/2017 8/17/2017 4 Created 212012 Hawaii State Historic Preservation Division Architecture Branch VI. PROJECT BUDGET ELEMENT OBJECT CLG Grant Application Salaries (Include each position- volunteer or staff - and Federal DollarsbTrMat�1% (CLG grant z Low ggy�rp�tna�d Soft M', grin, Total hourly attach wage iustification if needeg2 requested) G hr> �fr)i�d 5�1r NPI staff time and fees Included in NPI training costs Indirect %��� *Include justification for indirect 06,T5$ 3 CLG Staff (32hr @ $35/hr)3;3�60�� $3,360 1 CLG Secretary (32hr @ $24/hr) $768 6 CLG Volunteers (32hr @ $30/hr) $5,760 3 SHPD Oahu Staff (32hr @ $35/hr) .__,.�. $3,360 Total Element/Object:7,4$_$s5,760% GOODS & SERVICES Contract Services Federal Dollars HairdMatC loft "tch Total (CLG grant re nested),cash rratcha.ndst*ifirice NPI Training Costs $13,000 $13 000 Materials/Supplies/Equipment r Training Room (3d @ $300/d) $900 00 Travel- w 1 NPI Trainer Flights Included 1 NpI Trainer Hotels IncludedMM �AWN M 1 NPI Trainer Per Diem Included 6 Commissioner + 3 Staff Flights $3oox9=$2,700 a W $2,700 6 Commissioner +3 Staff Hotels (3d) $2oax9x3d=$5,400 $5,400 6 Commissioner + 3 Staff Per Diem '5o�esxa $2,4t1 $2,430 Other 3 Rental Cars (3d @ $60/d) $isox3=$540�'�M y.... ,-. $540 3 Parking (3d @ $30/d) s9oxs=$270 ARM �� $270 IL - Total Goods & Services: $22,810 $2,430� f ,. $25,240 Federal Dollars Hard Match Soft Match 'Total Project Cost ram... Total Funding Request $22 810 J$57760j$ $38,488 *The local government share must equal at least. 40% of the total project cost, The 40% can be made up of a combination of hard and soft match. 5 Created 212012 f E, Hawaii State Historic Preservation Division Architecture Branch CLG Grant Application Aj U.S. DEPARTMENT OF THE INTERIOR ASSURANCE OF COMPLIANCE''"�'' (Title Vl, Civil Rights Act of 1964) Name of Application -Recipient (hereinafter called "Applicant -Recipient") HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights:Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to foe Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title -VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color or national origin be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the Applicant -Recipient receives financial assistance from Hawaii State Historic Preservation Division and Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant -Recipient by the Hawaii State historic Preservation Division. This assurance obligates the Applicant -Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provisions of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant -Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant -Recipient for the period during which the Federal financial assistance is extended to it by Hawaii State Historic Preservation Division. THIS ASSURANCE is given in condition of and for the purpose of obtaining any and ail Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant -Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant -Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant -Recipient, its successors, transferees and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant- Recipient. 8/10/16 -.-.County of Maui Department of Planning Dated Applicant -Recipient By 2200 Main St., Ste. 601 Wailuku HI 96793 Applicant -Recipient's Mailing Address County Mayor 6 Created 2/2012