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HomeMy WebLinkAbout2017_0223 KHPRC_Minutes.SignedKAUA'I COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihu'e Civic Center, Mo'ikeha Building, Meeting Room 2A/2B MINT JTF S A regular meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on February 23, 2017 in the Lihu'e Civic Center, Mo'ikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Chairperson Victoria Wichman, Vice -Chair Deatri Nakea, Anne Schneider, Larry Chaffin Jr., and Charlotte Hoomanawanui. The following commissioners were absent: Althea Arinaga, Patricia Griffin -excused, and Stephen Long -excused. The following staff members were present: Planning Department — Myles Hironaka, Ka'aina Hull, Shanlee Jimenez; Office of the County Attorney — Deputy County Attorney Jodi Higuchi Sayegusa (entered at 3:1 S p.m); Office of Boards and Commissions — Administrator Jay Furfaro, Commission Support Clerk Sandra Muragin. CALL TO ORDER The meeting was called to order at 3:13 p.m. ROLL CALL Deputy Planning Director Ka'aina Hull: Good afternoon members of the Commission. The first item of business is roll call. Commissioner Arinanga? (not here) Mr. Chaffin Jr.: Here Mr. Hull: Commissioner Griffin? (excused) Mr. Hull: Commissioner Hoomanawanui? Commissioner Hoomanawanui: Here. Mr. Hull: Commissioner Long? (excused) Mr. Hull: Commissioner Nakea? Commissioner Nakea: Here. Mr. Hull: Commissioner Schneider? Commissioner Schneider: Here. Mr. Hull: Chair Wichman? Chair Wichman: Here. Mr. Hull: Madame Chair we have a quorum. SELECTION OF COMMISSION APPOINTED POSITION Mr. Hull: The next agenda item is the selection of the commission appointed position. At this point the nominations can be made on the floor for the commission appointed member, essentially Pat's position. Pat still is sitting on the commission her last meeting is the upcoming meeting in March and ultimately after that then it needs to be filled. If there are any nominations we can begin the nomination process right now. Mr. Chaffin Jr.: I think we have someone here? Mr. Hull: There was a statement made at the last commission meeting, I believe it was Commissioner Long. Long's intent for Mr. Gerber, who is sitting with us today, to be nominated, but there was no official nomination process on the agenda that day. There was an intent to do that in order for his name to be nominated it needs to be done today. Mr. Chaffin Jr.: I snake that nomination for Mr. Gerber to be a member of the commission. Chair Wichman: So, we have a nomination for Mr. Gerber to be a part of the commission. Ms. Schneider: I second that nomination. Chair Wichman: Do we have a discussion? Ms. Nakea: I think Jim Gerber will be an excellent addition to the Kauai Historical Preservation Review Commission. Administrator Furfaro: Excuse, may I ask for a second. We did not get a second. Going forward just because she's (Sandra) new could you kindly read out first names so Sandra can identify what commissioner has made the motion just for a little while. I appreciate it, thank you. And this is Sandra, our new staff member. Chair Wichman: OK we have a motion on the floor to nominate Mr. Gerber for the Kauai Historical Preservation Review Commission appointed seat by us. Motion made by Larry and seconded by Anne. I asked for discussion and Deatri recommended Mr. Gerber for this position, is there any more discussion? February 23, 2017 KHPRC Meeting Minutes Page 2 of 17 Mr. Chaffin Jr.: Yes, can we get a brief history of Mr. Gerber, I know he's in the beer business but I don't know what else, how long he's been here and so forth. Mr. Hull: It would be at your discretion (Madame Chair) if want to allow any further discussion on this. I'm not sure if Jim is ready to speak. Chair Wichman: Mr. Gerber would you like to speak a little bit tell us about yourself? Come up to the table, please, thank you. Mr. Gerber: Can you hear me? First it's Jim Gerber, like the baby food, just think of baby food and you've got it. I first moved here in 1995, bought a condo here was back in the mainland where we had a place in California and then bought a house here in '98, been here since '98. Both of my kids graduated from Island School, went to college. I'm on the Board of Island School, for too many years. I'm on the Board of the Kauai Robotics Alliance, it's another joy of mine is the robotics team that's composed of High School kids from all over Kauai , it's wonderful they are great kids. I was a home brewer for many years as a hobby, made beer in my garage. And gave out to fund raisers and encouraged my beer was good, but you never know. In 2012 I purchased those two buildings on Rice Street and decided to go into business for real and do a brewery. Was first just a brewery not a restaurant, but it morphed into its own thing and it is a brew pub now and its doing really well. We took a historic building, I think its historic maybe? Probably built in 1938 or 9 something like that maybe 1930. The building next door was the Filipino newspaper the building the brewery is in right now was a dress maker, forgot her name. I don't know what else you want to know about me? My profession is computer software, I was computer software company, but that's not my joy these days. Ms. Nakea: Aren't you also on the rice street planning? Mr. Gerber: Yes volunteered on the rice street committee to do the Rice street logo. I was on the planning department to do the committee we did planning of the rice street district, like 3-4 years ago. Ms. Nakea: I know you've been very, very active in the community. Mr. Gerber: I think all small business becomes part of the community and we should act like part of the community and not just whine about the county and do what we can to make everything much better. So yes I am kind of active in those things, Ka'aina knows. Chair Wichman: So Commissioner Chaffin is there any other questions. Mr. Chaffin Jr.: No that's fine I appreciate it. Chair Wichman: Anyone else? Ms. Schneider: Where are we in the process on what has to happen after this? February 23, 2017 KHPRC Meeting Minutes Tage 3 of 17 Mr. Hull: So it's open for nominations or just a single nomination. But other nominations can be made. And then ultimately future agenda would look at closing the nominations and having that position filled. Chair Wichman: Thank you Mr. Gerber. So now we vote? Mr. Hull: No the vote wouldn't be today and the department would recommend deferral of this action because we know there are some commissioners not present. I believe there was interest of additional nomination being made. We would recommend the agenda item be deferred. Chair Wichman: So the nomination on the floor needs to be retracted? Mr. Hull: No, it still maintain. Chair Wichman: Thank you. Mr. Hull: I will also add to not speak of any particular nomination but Jodi and I recently visited the Small Business Regulatory Review Board. And one of the comments made, to enter the public hearing phase for the administrative rules for this body, and one of the comments they did want for us to pass on was they felt appropriate to have a specific small business seat on this commission to represent small businesses before the proceeding of this body. Mr. Chaffin Jr.: Jim's a small business. APPROVAL OF THE AGENDA Mr. Hull: The next agenda item would be approval of the following agenda which the department would recommended moving items H. and I. to the end of the agenda. Chair Wichman: Do I have a motion? Ms. Schneider: I move to approve the agenda with these ... where were we going to move H. and I.? Mr. Hull: Just to the end of the agenda. And the reason being we have other members of the public, applicants here and this simply moves their items up sooner so they can testify. Ms. Schneider: I make a motion that we move items H. and I. on the agenda to the end. Mr. Chaffin Jr.: I second the motion. Chair Wichman: Anne moved that we move the agenda items H. and I. to the end of our agenda and Larry seconded. Any discussion? May I have a vote? (Unanimous voice vote.) So moved. Motion approved 5:0 February23,2017 KHPRC Meeting Minutes Page 4 of17 NEW BUSINESS Re: Historic Lihu`e Post Office TMK: 3-6-05:10 4441 Rice Street, Lihu`e, Kauai Disposal Action. Mr. Hull: The next agenda item would be New Business J.1. Historic Lihue Post Office TMK: 3- 6-005: 010, 4441 Rice Street, Lihu`e, Kauai a disposal action. You have in your receipt a letter from planning department as well as from the Mayor to the United States Postal Service in opposition of the disposal action they are proposing. Many of you know about the current Lihu`e Post Office proposal to dispose of the site here and consolidated to the site near the airport. And so there was some discussion briefly what could be had at the last commission meeting concerning having this on the agenda. So since it was placed on the agenda, both the department and the Mayor have taken opposition stances. Ms. Schneider: And you get the historic thing to actually email every person that would be affected with this? Chair Wichman: Did you get this? If the Commissioners could mention their name before they speak that would be really helpful. So there is a lot of support for maintaining the existing building and not moving it. It's actually become a large campaign. Any discussion about this with the Commission? Mr. Chaffin Jr.: Well yes. You mention maintaining the building but I think it's the use of the building. Chair Wichman: Yes Mr. Chaffin Jr.: If the post office moves the building will still be there. But we don't know what it might be. Maybe it's going to be another brew pub? Chair Wichman: I think what the planning department, what they are wanting form us is a letter of either supporting or not supporting this action this disposal action by the post office. Ms. Schneider: I make a motion that we write a letter supporting keeping this postal in Uihu`e as an active thing. I don't want to lose it. Essential part of town. Chair Wichman: Anyone else? Mr. Chaffin Jr.: I believe that the letter should include a number of points why we're in support of keeping the post office there. One within reasonable walking distance for the community. It's a historical thing. Chair Wichman: Perhaps we should have a second first before we discuss the details? February 23, 2017 KHPRC Meeting Minutes 'Page 5 of 17 Ms. Nakea: I second the motion to draft a letter on behalf of the KHPRC in support of keeping the post office a functioning post office and not demolishing or changing its purpose. Chair Wichman: So we have a motion and a second. Ms. Nakea: I'm sorry. I'm Commissioner Nakea Chair Wichman: And now more discussion Mr. Chaffin Jr.: Who owns the building? Do we know? Mr. Hull: The U.S. Postal Service owns it. But there is a discussion the U.S. Postal would put the building for sale. Mr. Chaffin Jr.: Does many post office are independently owned and leased back Mr. Hull: Yes many are and this is one of those situations. Mr. Chaffin Jr.: So one of the alternatives would be if someone or organization willing to buy and lease back to the post office? Mr. Hull: Yes the department and Mayor met with the representative from the U.S. Post Office yesterday and their primary concern is parking. That was the number one concern that came up they don't have parking facilities for staff or patrons of the post office. Constant amount of complaints about not having adequate parking. They park along the sidewalk, there are three on street stalls open to the parking but ultimately they use the adjacent bank parking lot to access the site that has some issues. The department is receptive to that need and in fact some of the TIGER grant improvements have been presented before this body address on street parking for the revitalization of Rice Street. So currently it's not slated to have parking over there but given the postal services comments about parking right now the department is looking to see if it can adjust some of the design elements for Rice street to have on street parking available in that area. Ms. Nakea: I have a question, Commissioner Nakea. Status or being on the State or National Register of Historic Places does not protect you I mean it's still touchable because who? Yes that is my question. How much protection does a building get once it's on the register? Mr. Hull: Much of the protection will say once you're on the state or national register it has to do with the design of the building not the use. However 106N, it's the department's position that sale of a historic structure can constitute an essentially negative impact on the historical integrity, 106 clearly states that. The position the U.S. Post Office is that it doesn't clearly state that so we had that discussion yesterday. As a federal agency they have to go through the 106 process in particular because it is a nationally registered site. Most of the focus is on the design element. February 23, 2017 KHM Meeftig-Minutes Page 6 of 17 Chair Wichman: Our motion still stands, we have a second and discussion. Any more discussion? Shall I call for a vote? Excuse me, sorry. Are there any members of the public that would like to speak on this issue? If so please come up? Seeing none we will go for a vote. All those in favor (Unanimous voice vote.) Any opposed? Motion passes. Thank you very much. Motion approved 5:0 Re: All Saints Episcopal Church TMK: 4-5-04:18 4-1065 Kuhi6 Highway, Kapa`a, Kauai Reconstruction and Enlargement of Kauai's Only True Pipe Organ and Corresponding Sub Projects. Mr. Hull: Next agenda item is J.2. All Saints Episcopal Church TMK 4-5-004018, 4-1065 Kuhi6 Highway, Kapa'a, Kauai. Reconstruction and enlargement of Kaua'i's only true pipe organ and corresponding sub projects. And I believe the applicants are here. Chair Wichman: The applicants please step up. Thank you. Mr. Murray: Aloha. Let me introduce myself, David Murray, I'm the senior warden at All Saints Church and accompanied by Father Ryan Newman, Minister at All Saints. Morris Wise the one I would defer to on any questions regarding on the organ specifically and David Nakamura who is also member of our vestry. Chair Wichman: Commissioners has had the chance to read through all the very detailed history of the pipe organ and the proposals for the chamber room as well. Commissioners do you have any questions to for the applicants? Ms. Nakea: I don't necessarily have any question but I have comments and it was really interesting and I was unaware of the history of the church and I appreciated that background information. I think the new organ looks beautiful. The pictures of the chamber room with the before and after thanks to photo shop they look nicer with the windows and doors but as the report shows from the road you rarely, don't see it. Mr. Murray: Yes you don't see it. No. Ms. Nakea: You don't see those features so much anyway and I think that the value and the organ and improving the organ and expanding it is really valuable for what the church and what it can do for the community. Mr. Murray: Yes. Thank you. Chair Wichman: Any other questions for them? Ms. Schneider: Are you going to recycle the doors and windows? As these are antiques and might be valuable to somebody. February 23, 2017 KHPRC Meeting Minutes Page 7 of 17 Mr. Murray: If somebody wants them they can have them. Ms. Schneider: Mike Faye might want them? Chair Wichman: Any more questions. Mr. Chaffin Jr.: I don't have a question I have a comment. I was involved in St. James Episcopal Church in Los Angeles and they had an organ remodeled and they had a company they were dealing with in New York and they found out that they were un-reputable company and they lost quite a bit of money on the down payment. Mr. Murray: So we're working with Manuel Rosales. Mr. Wise who is seated in the audience begins to speak out of turn. (not audible) Mr. Chaffin Jr.: The one that lost all the money? Mr. Wise who is seated in the audience continues to speak out of turn. (not audible) Chair Wichman: Yes please come up. Mr. Hull: For the record I know there are a lot of interesting facets that come out of applicants but I just want to remind the Commission that this is the KHPRC try to keep discussion focused on the historic preservation aspect. Chair Wichman: Please state your name. Mr. Wise: My name is Morris Wise. So Manuel was the one who saved that project he got the historic organ saved and installed at St. James. So he's the one he's my former boss and he's the one who is helping me with this project. Chair Wichman: Any other questions for the applicants? You can go back. Mr. Wise: Thank you Chair Wichman: Thank you, unless you have other things to say? Mr. Wise: No Chair Wichman: So I open it up for discussion with the Commissioners? To entertain a motion? Ms. Schneider: I make a motion that we approve the project as stated. Chair Wichman: Commissioner Schneider motioned that we accept the project as stated, do I have a second? T4%nmy23, 2017 KHPRC Meeting Minutes Tage- e# 17 Mr. Chaffin Jr.: Second by Larry Chaffin. Chair Wichman: Second by Larry Chaffin. Do we have any discussion on the motion? Ms. Schneider: The only thing I ask is you keep a photographic record of what you are doing. Mr. Murray: Oh absolutely Chair Wichman: Thank you. Any other discussion? I call for a vote on this motion? All those in favor? (Unanimous voice vote.) Any opposed? Motion passes, thank you very much. Motion approved 5:0 Re: Ma's Kitchen (Umakoshi Enterprises, LLC) TMK: 3-6-009:016 4277 Halenani Street, Lihu`e, Kauai Replacement of Front and Rear Doors Mr. Hull: Next agenda item is J.3. Ma's Kitchen TMK 4-3-6-009016, 4277 Halenani Street, Lihu`e, Kauai. Replacement of front and rear doors. Chair Wichman: I see the applicant is here. Please state your name for the record. Mr. Gear: My name is James Gear. First I want to say Mahalo to the Commission for this opportunity to speak to you about the upcoming project at Ma's family kitchen. I have a brief narrative if I may share with you. Chair Wichman: Please Mr. Hironaka left the meeting at 3:33 p.m. Mr. Gear: Ma's Family Kitchen, LLC was formed this past summer in September. The commercial building located at 4277 Halenani Street was built in 1953. And in 1962 it became known as Ma's place or Ma's kitchen which was owned by the Umakoshi family. Ma's place catered to local families and began serving delicious meals from 5:30am to 2:00am for decades here in Lihue. On October 7, 2016 Ma's Family Kitchen, LLC which I am an managing member of, purchased this vacant building and subsequently applied for a permit #16-1634 to renovate the structure into a mixed used commercial facility which would consist of four office spaces and two apartments for lease to local businesses. The zoning use application has been approved by the planning department and we are now seeking review of this application from this historic preservation commission here today. Due to the lack of maintenance of the exterior features of this building we are proposing to repair and replace the sixteen elements of this building some of which are no longer functional and deteriorated beyond repair. We will of course bring this building up to current uniform building codes as required by the county and will subsequently need to install some 2 1 " century building products where they are indeed needed at this time. OurytWs are to be one of the leader of the February 23, 2017 KHPRC Meeting Minutes Page 9 of 17 down town redevelopment efforts being done now and to provide local businesses with a fresh new location in the heart of Uhu`e. So by restoring this location into a useful place to operate a business from we will be following the various other locations on Halenani street who have previously renovated their store fronts with 2 1 " century building products so that the entire street will become in near uniformity when it comes to appearance and function of every business location there. We intend to follow the directives as listed into article 14 of the CZO (County Zoning Ordinance) which are to enhance those unique quality of the Historic district to preserve property values, attract visitors and provide new businesses and commercial opportunities. We intend to assure that the alterations and improvements to this location remain compatible with the existing character and style, to create harmony, form, color, proportion, and materials between buildings of design and those of modern design as well. And finally we feel very proud to be one of the leaders in the downtown Lihu`e redevelopment process and are looking forward to much success beginning with this particular location which has been in need of tender loving care for decades now. Mahalo for your consideration and I'm open to any questions or concerns you may have. Chair Wichman: Thank you. Commissioners any questions for the applicant? Comments? Mr. Chaffin Jr.: The existing use now is residential? Mr. Gear: No. It was a restaurant up until 13 years ago. Mr. Chaffin Jr.: And after the restaurant closed, what has it been? Mr. Gear: It's been abandoned. It's been a blight on the neighborhood to be honest with you they were some homeless people found a place inside and behind of the alley. So it's been abandoned since it closed. Ms. Schneider: And you've already been through planning commission? Mr. Gear: Yes Mr. Hull: This permit isn't required through planning, Commissioner. Ms. Schneider: Oh. He said the zoning was approved. Mr. Gear: Yes the use I think was Ka'aina. Mr. Hull: The use is essentially permitted; the zoning permit itself has not been approved. In discussion with the group we have stated that what was proposed is an outright permitted use. A class 1 zoning permit so over the counter. Ms. Schneider: Well I think any improvements you make to these buildings will be appreciated. February 23, 2017 KHPRC Meeting Minutes Page 10 of 17 Mr. Gear: We agree and looking forward to offering new business space. In fact I got three of the units pre -leased to some attorneys in the area. Which I'm looking forward to collecting money from attorneys as opposed to giving to them all the time. No offense against attorneys. Chair Wichman: I have a little comment. When I saw Ma's Kitchen on the agenda I was hoping they were going to reopen. We've eaten there, I'm sure most of us ate there for many, many years. We miss it. Are there any other questions or comments for the applicant? Ms. Nakea: Are we being asked to say which option we like better? Is that part of this presentation? Mr. Hull: Yes in the application the department uses zoning permits given the two options. We would like for the KHPRC to give a preference or if there is no preference there be a motion to receive. Ms. Nakea: It's just personal taste really at this time right? Because we're not dealing with any historical features like the doors. We're talking about replacing the doors. Mr. Hull: Yes Ms. Nakea: Option 2 I think is more along the line of what the original. All the doors are different. But Option 2 at least has something that looks similar from the original doors. Ms. Schneider: Too bad they couldn't get the doors from the church. Mr. Hull: Yes ultimately the building is not a nationally or state registered structure but it is a commercial building over 50 years of age. Under HRS (Hawaii Revised Statutes) constitutes a historic structure. So the proposal before you, are there any necessary steps or recommended steps for the applicant to take that would maintain the historic integrity of the structure. If the commission feels that there is historic integrity to maintain as such. Ms. Schneider: I agree with Commissioner Nakea. Option 2 is better. So I don't think there's much historic to maintain. Ms. Nakea: I have a question. The building permits application so that includes redoing the roof. Mr. Gear: We are going to redo the roof because it's in need of repair. And it's basically retrofitting the interior walls to separate the six units. And with respect to Option 2 we included since the center door which is what the other two is used as a service door only or emergency exit. And its 4 feet wide by 74 feet tall service door. It wasn't ever used for entry and exit to the restaurant. And it is just not functional for the type of use we are retrofitting the building to. Ms. Nakea: I think that practicality and functionality in this case is important. Mr. Gear: That's what we're trying to do and because of uniformity along the street. The small salon to the right of us as you look at the building and the other four store fronts to the left of us February 23, 2017 KHPRC MeehngMinutes Page 1 l of 17 including KONG radio. They all replaced their front doors with these modern insulated and more secure doors. Ms. Nakea: So they chose Option 2? Mr. Gear: No they had the doors like Option 1. I think there's a photo of them in there. One has a different shape window within it that brown one, the neighbors on Halenani Street. This one here. Ms. Nakea: Right. Mr. Gear: The only other one that has a commercial store front door is at the far west east end, the electrician's office. For the uses we're propose office and also for apartment these are typical doors used in the industry. That's why we wanted to share them with you. Chair Wichman: So in light of that is there any other discussion? So do I have a motion? Ms. Schneider: I make the motion that we approve this project. Chair Wichman: But they have two different options on here? Ms. Schneider: Option 1, I guess seems to be the one. Mr. Chaffin Jr.: Which option does the applicant want? Ms. Nakea: I think what you stated Option 1 is more practical and more functional. Mr. Gear: That is what I did state and also matches the doors on the street that are existing and the door to three units to the rear of the alley will be the same so there will be uniformity throughout. Ms. Schneider: So I make a motion to approve Option 1. Chair Wichman: We have a motion from Commissioner Schneider to approve Option 1. Commissioner Nakea: I second the motion. Madame Chair Wichman: Second by Commissioner Nakea. Are there any other discussion on the motion? We'll do a vote? All those in favor? (Unanimous voice vote.) Any opposed? This motion passes. Thank you very much. Motion approved 5:0 Mr. Gear: Thank you very much I appreciate it. Chair Wichman: All the best. Mr. Gear: Mahalo. February23,2017 KHPRC Meeting Minutes Page 12 of 17 KAUA'I HISTORICAL RESOURCE INVENTORY UPDATE COMMITTEE Re: Update on the Permitted Interaction Group (PIG) for updating the Kauai Historical Inventory. Mr. Hull: Next agenda item is item number L.1., update on the permitted interaction group for updating the Kauai Historical Resource Inventory. Ms. Schneider: I would say we went out the four of us with Myles. I think we have one more visit to complete. Chair Wichman: Commissioner Schneider, myself, Stephen Long and Pat Griffin are on this committee along with Myles and we have done all of Hanama`ulu and Lihu`e for the inventory and just last week we did Koloa and Oma`o. And so now we are on our way to the West to complete inventory. Basically just an update as to where we stand with that. It is moving, it's moving well. And we have added buildings onto the inventory and taken some off. Ms. Schneider: And I would like to thank the planning department for Myles, terrific help. Chair Wichman: Myles has been amazing help. It's good that we're going out and doing the field work because before we were using the old photographs and google earth. And it was real difficult to see. Going out obviously see more and get out of the car and peek around. It's really good way to do this inventory out on the field. So that's all we have for that. We'll be getting together soon to go towards the west. Mr. Hull: Do you want to entertain a motion to receive this committee update? Chair Wichman: Do I have motion to receive this committee update? Mr. Chaffin Jr.: I make the motion to receive the committee report. Chair Wichman: The motion was made to receive by Commissioner Chaffin Ms. Schneider: I second. Chair Wichman: Commissioner Schneider seconded. Any discussion? No? All in favor? (Unanimous voice vote.) Any opposed? This update is accepted. Thank you. Motion approved 5:0 COMMUNICATIONS Re: Letter (2/3/17) to the Planning Department from Lloyd T. Sueda, Principal, Sueda & Associates, Inc. Regarding the Proposed New Roofing Material for the Existing Restaurant Building, Honolulu Ltd., TMK: 3-8-04:14, 4479 Rice Street, Lihu`e, Kauai . Tcbnmy 23. 2017 KHPRC Meeting Minutes -Page 13 of 17 Mr. Hull: And moving back to agenda item H now as the agenda was amended. H.1. is a letter from Sueda & Associates regarding proposed new roofing material for the existing restaurant building Honolulu, Ltd. TMK 3-8-04: 14, 4479 Rice Street, Lihu`e, Kauai. So this is on the communications section of the agenda it's not an actual business item that's being reviewed. You review that proposal several months ago to refresh your memory the commission ultimately drafted a recommendation that stated that the proposed metal roof not be used that it be a cedar shake should be used. That was how the application closed. The reason we put this on the agenda or requested to have on the agenda because generally this commissions function as advisory to the applicants. When applicants come as they have before you today. Comments are drafted by motions you made and those comments are sent to the applicants for their consideration in whatever projects they are doing. They ultimately decide whether or not they will incorporate your comments. Sometimes the comments from this commission can have additional financial implications when doing their designs so there are many cases where you see applicants just take the advisory comments of this body and move on and don't actually institute them. Ms. Schneider: It's nice to see that they actually respond Mr. Hull: What the department has been gearing up to do is we're taking your comments and using them as conditions of approval in the zoning permits. We ultimately denied their zoning application, based on your comments. And the reason I want to say how we're as a department transitioning into that role of now utilizing your comments as an actual mechanism of approval or denial for applications or design or what have you. Which to a certain degree and I know there have been some frustrations on all our part with the new kind of administrative rules and very parliamentarian manner in which quorum we've been asking this body to adopt. But ultimately it goes into effect why we're asking you to have a much more parliamentary type of procedure so that the record is clean and can be reflective should we essentially be sued or taken legal action against any of our actions on the zoning permit side. Because like I said we're intending to use this body as an approval or denial mechanism. Before it had a little function much more of a weaker role and we intend to beef that up. Do you have any comments? Ms. Schneider: I think it's great to see that they responded back in the manner that reflects the historic nature of the building. Chair Wichman: Any other discussion on this? I need a motion to receive. Ms. Schneider: I make a motion that we receive this information. Chair Wichman: I have a motion from Commissioner Schneider to receive this letter and improvements from the applicant. Ms. Nakea: I second Chair Wichman: Second by Commissioner Nakea any discussion? We need to vote now. Those in favor (Unanimous voice vote.) Any nays? Motion passes thank you. Motion approved 5:0 February 23, 2017 KHPRC MeetiggWmutes Page 14 of 17 UNFINISHED BUSINESS Re: Garden Island Service Station (Aloha Petroleum, Ltd.) TMK: 3-6-006:089 3-3178 Kuhio Highway, LYhu`e, Kauai Proposed demolition of Gas Station Built in 1930 Mr. Hull: The next agenda item is unfinished business I.1. Garden Island Service Station Aloha Petroleum Unlimited TMK 3-6-0006: 089, 3-3178 Kuhi6 Highway, Lihu`e, Kauai proposed demolition of the gas station built in 1930. This was on the last commission agenda because the demolition permit has been on hold. There was a request at that meeting for representation from Aloha Petroleum to appear before this body. I did speak with their on island representative he basically stated they are unable to show up with their plans here today. The department is recommending a deferral on this discussion in view of this. Ultimately the department is recommending a deferral until the next meeting. A motion to deferral is what we're recommending. Ms. Schneider: I make a motion to defer so they can show up and talk to us. Mr. Hull: The department we recommend a motion to defer until the next March 23 meeting. Ms. Schneider: I make a motion to defer to the March 23 meeting the Garden Island Service Station Aloha Petroleum. Chair Wichman: There's a motion on the floor from Commissioner Schneider to defer item I.1. The Garden Island Service Station until our next meeting next month. A second? Mr. Chaffin Jr.: I'll second Chair Wichman: Second by Commissioner Chaffin. Any discussion? No discussion? Those in favor (Unanimous voice vote.) Any nays? Then this motion passes. Thank you very much. Motion approved 5:0 Mr. Chaffin Jr.: I have a general question. What if they just abandon the station and let it go to pox so to speak. What enforcement is there? Mr. Hull: As far as just abandoning the building and not using it. There wouldn't be any enforcement on it per say for an abandoned use. The only time you get into enforcement issues is when there is a safety issue when the structure has potential for falling down and harming somebody. There are measures for that. But outside of that there's no prohibition for having an abandoned building structure. Mr. Chaffin Jr.: Thank you. February 23, 2017 KHPRC Meeting Minutes Page 15 of 17 Re: Discussion on the status of the Certified Local Government Chair Wichman: Item I.2. Mr. Hull: So the next item is I.2. Discussion on the CLG (Certified Local Government). Chair Wichman: Since there's no one here from the SHPD (State Historic Preservation Division) we defer this. Mr. Hull: We received this. Generally Anna would attend and she's not here to give that update. The brief update that our department has on the CLG is like I said earlier Jodi and I went to the Small Business Review Board this past week to present administrator rules. And so now it is we were given the approval to move forward with holding the official public hearings. They'll be scheduled at the next March 23 meeting. And the other update that we have is that CLG grant awarded our application for the nomination of the Historic Hanapepe Bridge to the State and National Register was awarded to the county of Kauai . We just received that information today. And we'll be going out for procurement shortly on that. And that concludes our report on the CLG. Chair Wichman: Great thank you. Mr. Hull: Ask for a motion to receive the CLG report. Chair Wichman: I'm asking for a motion to receive the report on the Certified Local Government. Ms. Schneider: I make the motion to receive the report of the CLG Chair Wichman: A motion has been made by Commissioner Schneider to receive Ms. Nakea: I second Chair Wichman: Second by Commissioner Nakea, any discussion,vote, aye's. (Unanimous voice vote.) Any Nay's? This motion is received. Thank you. Motion approved 5:0 HISTORIC PRESERVATION PUBLICITY COMMITTEE Chair Wichman: The Historic Preservation Publicity Committee has not met for a very, very long time. At this time? Mr. Hull: There is nothing on it. There's actually not an agenda item on this. Chair Wichman: Ok there's nothing on it then we don't need to talk about it? Sorry. February23, 2017 KHPRC Meeting Minutes Page 16,of 37 DATE AND AGENDA TOPICS Chair Wichman: The date and agenda for next month March 23. ADJOURNMENT Chair Wichman: We adjourn. Thank you very much. The meeting adjourned at 3:56 p.m. Respectfully Submitted, Sandra M. Muragin CommissionSupportClerk Date: Q?)` U Oc f I7 February 23, 2017 KHPRC Meeting Minutes Page 17 of 17