Newyork | Parks, Recreation co" | and Historic Preservation ANDREW ML CUOMO ROSE HARVEY Governor Commissioner May 22, 2018 Hon. Steven T. Noble, Mayor City Hall 420 Broadway Kingston, NY 12401 Re: Merging HLPC and HAC Draft Legislation ‘The Honorable, Mr. Steven Noble: 11am writing regarding the proposed legislation for the merging of the Historic Landmarks Preservation Commission (HLPC) and the Heritage Area Commission (HAC). The proposed amendments to the City Code would combine the provisions of Article IV of Chapter 22, "Heritage Area Commission,” Article Il of Chapter 398, ‘Waterfront Consistency Review,” and Article IX of Chapter 405, "Historic Landmarks Preservation Commission." Itis our understanding that the objective is to establish one body to handle the related but diverse functions of the two existing commissions and to remove duplication and. inconsistencies. ‘As you know, Kingston has been a member of New York State's Certified Local Government (CLG) program since 1986, and at that time the city and our office entered into a reciprocal agreement binding both parties to a set of responsibilities in regards to the program, Chief among these responsibilities was that the city of Kingston maintains a qualified historic preservation review commission, and that the city enforces the local historic preservation legislation for the designation and protection of historic properties. Staff reviewed draft legislation dated April 2018, and while there is precedent to combine municipal boards, our office is concemed that not only has the proposed legislation weakened the powers of the HLPC, but the changes would place the city out of compliance with the regulations of the CLG program, and therefore may lead to decertiication. If this were to occur, the city would no longer be eligible to apply for federal grants through the CLG program, and the HLPC would no longer receive technical assistance from SHPO staff that may include commission training on various topics, and advice on procedures or particular local issues. Our office is now in receipt of the May 16, 2018 draft of the proposed legisiation and will provide detailed comments in a follow-up letter. ‘The CLG program is a federal program administered at the state level by our office, The intent of the program is to encourage, enable and support local historic preservation efforts, using “best practice” models in both legislation and process, Chief among these goals is to enable local governments to understand and protect historic resources as a part of their unique sense of piace, ‘These proposed changes place the CLG status in jeopardy for two primary reasons: 1, Per the CLG agreement and CLG rules and regulations under to enforce the local historic preservation legislation, i) Before amending the local legislation or implementing regulations, the local government shall consult with the SHPO. New York State Office of Parks, Recreation and Historic Preservation ‘Any, New York 12238 » (518) 474.0455 - maw aysparks comiii) Any amendments to the legislation enacted by the local government and any rules or related administration procedures shail be consistent with the requirements and intent of the CLG program. We have email correspondence indicating that Corporation Counsel has said there is no need to submit the proposed legislation to SHPO for review. Additional email correspondence from Corporation Counsel also indicates that they will not be seeking our comments at this time, 2. Per the CLG agreement and CLG rules and regulations under to maintain a qualified historic preservation review commission, ii) The local government shall make maximum effort to obtain professionals who meet the qualification standards set forth in 36 CFR 61.6 and the Secretary's Professional Qualifications Standards to fill any vacancies on the commission. At a minimum, commission members must demonstrate interest, competence or knowledge of historic preservation, The local government Shall maintain records of the appointment process and shall submit a description of the recruitment process and qualifications of any newly appointed members to the SHPO. While not all CLGs have a licensed architect, historian, preservation planner, etc., all members should have a demonstrated interest and commitment to historic preservation, Alternate commission members must meet the qualifications as well. When compared to the model law, the qualifications as outlined in the proposed legislation appear to ‘water down’ the level of available local preservation expertise as well as put historic preservation on a larger agenda in which it may not be given proper attention; the larger agenda being economic development. Historic properties are adaptable, renewable resources that offer cost effective, environment friendly community revitalization options. Historic preservation is Not about stopping any changes, or placing buildings “under glass’. It can rejuvenate neighborhoods, stimulate economic development, create jobs, and increase property values. While the language is in the existing ordinance, it should be revised to be more in line with the model law. If reviewed as part of an audit, our office would advise revising the qualifications section. Sections of the code related to HLPC and HAC have not simply been merged. New sections have been introduced in the proposed legislation, as well as modifications to language from the existing preservation ordinance. Given that the charges of the HLPC and HAC are very different, utilizing different skills and education, and that they have very different guidelines and standards, itis important to provide clarity regarding their respective powers and duties, criteria, and process. Enumeration ‘would benefit not only the HLPC and HAC, but also to municipal officials and the general public. The goal is to ensure that Kingston's local and unique historic character is protected while providing for economic growth, the realities of modem living, and the concerns of property owners We would appreciate the opportunity to work together and look for ways to amend the proposed legislation to ensure Kingston remains in good standing with the CLG program. Sing mh a li Kart Ue R, Daniel Mackay Deputy Commissioner for Hist reservation Deputy State Historic Preservation Officer Ce: Mark Grunblatt, Chairman, Historic Landmarks Preservation Commission Marissa Marvelli, Vice-Chairman, Historic Landmarks Preservation Commission Daniel Gartenstein, Assistant Corporation Counsel