(APPROVED: 10/01/09) CULTURAL RESOURCES COMMISSION REGULAR MEETING AUGUST 6, 2009 ** All documents, including written testimony, that was submitted for or at this meeting are filed in the minutes file and are available for public viewing at the Maui County Department of Planning, 250 S. High St., Wailuku, Maui, Hawai`i. ** ******************************************************************************************** Due to Mechanical Difficulty in the Recording of this Meeting, Portions throughout these Minutes are Deemed Inaudible As Noted ****************************************************************************** A. CALL TO ORDER The regular meeting of the Cultural Resources Commission (Commission) was called to order by Chairperson Erik Fredericksen, at approximately 10:10 a.m., Thursday, August 6, 2009, in the Lahaina Civic Center, Social Hall, 1840 Honoapi`ilani Highway, Lahaina, Maui, Hawai`i. A quorum of the Commission was present. (See Record of Attendance.) Mr. Erik Fredericksen: Good morning, everybody. Thanks for coming. Let’s go ahead and get the -- let’s see, what is today’s date? The 6th of August 2009 Cultural Resources Commission meeting called to order. The first item is we have a new Commission Member, and I believe we are now fully commissioned, which is good. B. INTRODUCTION OF NEW COMMISSION MEMBER - DORADEEN MAKALAPUA KANUHA Mr. Fredericksen: Let’s see, Makalapua Kanuha, and welcome. Ms. Doradeen Makalapua Kanuha: Thank you. Thank you very much. Mr. Fredericksen: There we go. One more time. Third time’s a charm. Ms. Kanuha: I just wanna say aloha kakahiaka kakou. Aloha to all of our kama`aina and to our Commissioners. It certainly is a pleasure being here to participate and having the opportunity to be in the know of what’s going on in our community especially our Hawaiian community. So mahalo nui. Mr. Fredericksen: Okay. And once again, we do have a full Commission now, and it’s been a while coming, but I’m glad that we are full at this point. Let’s go to Item C, Approval Cultural Resources Commission DRAFT Minutes - 08/06/09 Page 2 of Minutes of the May 7th 2009 Meeting. Commission Members have any additions, deletions that they’d like to make? And if not, do we have a motion to approve? C. APPROVAL OF MINUTES OF THE MAY 7, 2009 MEETING Mr. Raymond Hutaff: I move to approve the minutes as is. Mr. Fredericksen: Okay, it’s approved. Ms. Veronica Marquez: Second. Mr. Fredericksen: And seconded. So we have the May 7th 2009 minutes have been approved. Before we get into the Item D, the Historic District Applications, the Vice-Chair asked to say something. Mr. Hutaff: I’d like to do a pule. Please stand. The pule was more for me. I’m a little nervous about what we’re about to do. Our Father in heaven, we thank you for this opportunity and this day. And because of the immensity of what we’re about to discuss and decide, I believe all of us here need a little bit of divine intervention. We need your help for us to hear and see and feel correctly. We need our ancestors to be here close to us so that we hear, see correctly. It is most important that whatever decisions are made today are made from heaven down to the `aina, and it be proper and pono. And so our Father in heaven, I ask you to allow us to have your will with us and our ancestors’ will with us. Amen. Mr. Kalei Moikeha: Mr. Chair? Mr. Fredericksen: Yes, Kalei? Mr. Moikeha: We didn’t vote on the approval of the minutes. Mr. Fredericksen: Yeah. It has been moved by Mr. Hutaff, seconded by Ms. Marquez, then unanimously VOTED: to approve the May 7, 2009 minutes. Mr. Fredericksen: Okay, minutes have been approved. Thanks, Kalei. It’s been a couple months, so a little bit rusty. Oh, okay. Let’s move to Item D. And thank you, Ray, for giving everything right perspective. Historic District Applications, Stanley? Cultural Resources Commission DRAFT Minutes - 08/06/09 Page 3 Mr. Stanley Solamillo read the following agenda item into the record. D. HISTORIC DISTRICT APPLICATIONS 1. MS. JESSICA THOMPSON, on behalf of THE FRIENDS OF MOKU'ULA INC. requesting review and approval for the three-year, annual archaeological and educational program, Ka 'I'imi 'Ike located at Malu- ulu-o-lele Park, on Front Street in the Lahaina National Historic Landmark (NHL) District, TMK (2) 4-6-007: 002 (Por.), Lahaina, Maui. (This item was deferred from the May 7, 2009 meeting.) The CRC may comment and provide recommendations. Public testimony will be accepted. (E. Wade) Ms. Erin Wade: Aloha and good morning. My name’s Erin Wade. I’m the Small Town Planner for the County of Maui. Today, the project of Moku`ula arises and is in front of the Cultural Resources Commission for four reasons: it is in the National Landmark Historic District, it is in Historic District 1, it is part of the special management area, and it is County-owned property. So those four issues are triggers for the Cultural Resources Commission’s review. The matter was heard by the CRC on May 7th 2009 and the issue was deferred. The CRC heard significant public testimony relating to the cultural appropriateness of activities being proposed. The CRC voted to defer review of the Friends of Moku`ula’s Ka 'I'imi 'Ike Program until broader community input and kupuna cultural expert guidance could be sought. To ensure the project -- following the CRC’s review, the Planning Department sent a letter to the applicant requesting three things be provided. We requested consultation with the History and Cultural Branch of the State Historic Preservation Division and Cultural Historian Hinano Rodrigues. We requested consultation with the native-Hawaiian community, including kupuna and cultural experts, and the general Lahaina community. And, finally, a complete data recovery plan was requested to incorporate recommendations of the lineal ancestors, native-Hawaiian community, including kupuna and cultural experts, and broader Lahaina community. We asked that this product be delivered to the Department for advisement by the CRC, prior to being submitted to the SHPD Archaeological Cultural Branch -- Archaeological Branch, excuse me. It was submitted in conjunction, which staff determined to be adequate during the 30-day review period at SHPD. So at this time, the Planning Department believes that all three of those conditions have been met so the issue is back before the CRC for discussion. Jessica Thompson and the staff of the Friends of Moku`ula are here to present additional information to you, and to share with you the work that they have done over the past couple months. Cultural Resources Commission DRAFT Minutes - 08/06/09 Page 4 Mr. Fredericksen: Thanks, Erin. Does anyone have questions for staff at this point? We’ll catch’em later. You folks can come up, please. State your names. Thank you. Ms. Shirley Kahai: Good morning, Commissioners. My name is Shirley Kahai and I’m the -- I’m with Friends of Moku`ula. I’m the Acting Executive Director. And here with me is Jessica Thompson. She is our Program Coordinator. And she was the one that submitted our Ka 'I'imi 'Ike Grant to the Hawaii Tourism Authority. And Erin explained why we’re here today. And we’re, you know, happy to entertain any questions that you may have regarding our program. Mr. Fredericksen: Are you folks gonna discuss the preservation plan? Ms. Kahai: Well, we have the data recovery plan that we submitted. Mr. Fredericksen: Excuse me, the data recovery plan. I’m sorry. I’m thinking -- I’m thinking about all sorts of different aspects of the whole project. Yes, the data recovery plan? Ms. Kahai: Okay, we submitted the data recovery plan. And I checked with Patty Conte, who is the archaeologist, she has not had a chance to review the data recovery plan, but we have had it out in the community. We’ve had comments and feedback from kupuna and some other community members. Mr. Fredericksen: Yes, just something before we get in -- into this discussion anymore, I mean, I, you know, I support the concept and everything. There is a need to be real careful and make sure the process is inclusive. Just a concern that I have at this point is that the draft that I have does not appear to have incorporated or if it has incorporated comments -- the comments -- the incorporation is not, of the comments, is not clear. It’s not -- it doesn’t indicate, well, you know, these are some of the comments by the named people who have provided input and it doesn’t indicate how those comments have been incorporated or what the comments are. Ms. Kahai: Okay, I have Janet Six, who is our archaeologist, and she is here. She wrote the data recovery plan. And I’d like to call her up and perhaps she can answer those questions. Mr. Fredericksen: Okay, and before -- before she comes up, the -- another concern -- and as we go through this, I’ll -- and it’s more like fine-tuning, if you will, but the plan as it’s submitted to SHPD, assuming that it’s the one -- the version we have is they’re -- I believe there are comments that were gonna come out of today’s meeting that should be in the draft plan; that’s why it was recommended that it come back or to come here so those comments could be incorporated in the draft before it was even sent to SHPD. And I know Cultural Resources Commission DRAFT Minutes - 08/06/09 Page 5 staff has, you know, has gone and done this so it’s concurrent.