2019-10-23 Meeting Minutes (EMC)

Home

Jerome Warren: On agenda item 5a, more effective public participation, people cannot hear what the commissioners are talking about, which is why he has been leaving meetings after he testifies. The Commission doesn’t have the courtesy to hook up a PA system. He can hear council meetings even though he sits in the back. The key word is user friendly, and this Commission is not user friendly. The meetings could be videotaped—they could request Nā Leo TV to come and videotape the meetings so they could be broadcast on the public access TV station. Regarding item 6b, the Nāālehu sewer, it is confusing because the ʻdirector’s report says there is no final land selection, but the public is being told there is one. Ironically, the wastewater will need to be pumped uphill, which takes electricity. He wonders what the electric bill is every month to pump the wastewater for the boondoggle in Kealakehe. In Nāālehu, it’ll be put next to the water well and will leak into the aquifer. If anyone wants him ʻ to extrapolate or has any questions, now is the time to ask him to stay. 4. UNFINISHED BUSINESS a. Clarification of the historic review process and timelines, including Section 106 of the National Historic Preservation Act, for the Kealakehe Wastewater Treatment Plant R-1 Upgrade Project. Chair Bennett asked Director Kucharski to speak on this. The director handed out a flow chart showing the processes of Chapter 6E of the Hawaiʻi Revised Statutes (Historic Preservation) and Section 106 of the National Historic Preservation Act as they relate to the Nāālehu, Pāhala, and Kealakehe Rʻ-1 projects. He explained that the 6E process is state and the 106 process is federal. The chart shows the steps required and what can happen after the historical review. The reviews take time, and he wanted to make it clear for the record that he does not want to do anything that is going to harm any cultural resources. The process and the laws need to be followed. However, there are ripple effects. In Pāhala, for example, they cannot finalize the design of the collection system because they cannot do any borings until the 106 final determination is made. The ripple effect causes multiple delays, which add up. He is not an archeologist and does not fully understand all the nuances. The flow chart was put together by Cultural Services Hawaiʻi and Brown and Caldwell to help explain why it takes a long time. The state has also been more involved lately in the process, following through on what they believe is their statutory duty. The commissioners asked several questions regarding the historical review requirements, timelines, and causes of delays. To summarize the Director’s responses: • The 106 requirement is federal but is delegated to the State Historic Preservation Division (SHPD). His understanding is that there is both a federal review and then specialized requirements the state has. • SHPD is responsible for making sure the federal and state requirements are followed.