Island Burial Council Document Page
HAWAI'I ISLAND BURIAL COUNCIL
DATE: THURSDAY, JANUARY 20, 2005
TIME: 10:00 AM
PLACE: KONA OUTDOOR CIRCLE EDUCATION CENTER
76-6280 Kuakini Highway
Kailua-Kona, HI 96740
Geri Bell (Chair)
Ruby McDonald, Kona (Vice-Chair)
Kaleo Kuali'i, Kona
Dutchie Saffrey, Puna
Ulu Sherlock, Hilo
Anna Cariaga, Ka'u
Ron Dela Cruz, Kohala
Ku Kahakalau, Hamakua
Mary Carney, Burial Sites Program
Keola Lindsey, Burial Sites Program
Vince Kanemoto, Deputy Attorney General
I. 830a-930a- HAWAI'I ISLAND BURIAL COUNCIL SITE VISIT TO SITE 50-10-28-20448 LOCATED ON A PROPERTY AT THE INTERSECTION OF SARONA ROAD AND KUAKINI HIGHWAY, HONUA'ULA AHUPUA'A, NORTH KONA DISTRICT, HAWAI'I ISLAND [TMK (3) 7-5-07:28]
Information: Burial Council Site Visit to Site 50-10-28-20448 as Requested at the November 2004 HIBC Meeting to Gather More Information About the Burial Site.
II. OPENING REMARKS
*Recordation of the HIBC meeting does not begin until noted "Begin Tape 1 Side A"- minutes up to that point are taken from SHPD staff notes.
The HIBC Chair, Geri Bell calls the meeting to order at 1020a
Introduction of HIBC Members, and SHPD staff.
III. APPROVAL OF MINUTES
A motion is made to defer the minutes until after lunch. A longer lunch break will be taken to review the minutes. (Ray/McDonald)
Vote: All in Favor
A. BURIAL TREATMENT PLAN FOR SITE 50-10-28-20448 LOCATED ON A PROPERTY AT THE INTERSECTION OF SARONA ROAD AND KUAKINI HIGHWAY, HONUA'ULA AHUPUA'A, NORTH KONA DISTRICT, HAWAI'I ISLAND [TMK (3) 7-5-07:28]
Information/Determination/Recommendation: Discussion of the Council's Morning Site Visit. Council Determination to Preserve in Place or Relocate Previously Identified Burial Site. Council Recommendations to the Department on the Burial Treatment Plan.
Geri Bell (Bell) says there was a site visit this morning, but the Council did not have quorum, so nothing was discussed.
Mina Elison (Elison) says she is here today representing the applicant, Ali Ghalamfarsa. The proposal is to preserve in place. The property is about 4,789 square feet, and the site takes up about a third of the area. There are three features on the property- a rock wall around a burial platform, and the Joeseph Wahinekapu grave which was disinterred previously and relocated to a cemetery.
Burial testing was conducted in the platform in August of 2000. At least seven individuals were identified. The site had been identified in the 1999 archaeological inventory survey- two persons had been consulted, but they did not know anything about the burials in the platform.
The proposal is a buffer zone measuring 1 meter from the wall to the proposed house. It would be 3 meters from the platform to the edge of the house. The existing wall would be reinforced. The proposal is to build a three story house with parking on the bottom floor. There are two design plans based on the proposed buffer zone.
Ruby McDonald (McDonald) is concerned- she does not agree with the plan because there are not enough buffers. McDonald says she was told the eave of the house will hang over the site.
Begin Tape 1 Side A
Ali Ghalamfarsa (Ghalamfarsa) says no, they are going to design it so the eave of the house does not hang over the rock wall. In addition to that, gutters will be installed on the mauka side of the house to control the water when it rains.
Roger Harris (Harris) asks Ghalamfarsa the house will be moved away from the site an additional two feet?.
Ghalamfarsa says that is correct.
Dutchie Saffrey (Saffrey) says this is difficult for her because at the site visit, they (the HIBC) could not discuss this because there was not quorum- is it ok to talk about now?.
Bell says the HIBC could not hold the site visit because there was not a quorum, and no discussions took place. This is now a public meeting, and there is a quorum of HIBC Members present, so discussions can take place.
Saffrey says the proposed sidewalk is required at five feet, but in this case is going to be allowed at four feet. Saffrey asks Ghalamfarsa how thick the wall (around Site 20448) is?.
Ghalamfarsa says it varies from three to three and a half feet. If the proposed sidewalk is at five feet from the Kuakini (Highway) side, it would be into the rockwall. If the sidewalk is four feet, it will be outside of the site. Ghalamfarsa says the issue of the sidewalk is completely independent from his proposed Burial Treatment Plan- the issue came up when the hotel on the makai side of his property went for their approval. The County engineer asked them to put this sidewalk in. They asked him (Ghalamfarsa) to give up five feet of his property, in addition to other setbacks, to put the sidewalk in. Ghalamfarsa agreed to do it.
The only impact that the sidewalk is going to have on the rock wall is a few inches on the makai side. The rocks from the wall along the Sarona Road side (non-burial site) will be used to build the proposed four foot high rock wall around Site 20448. Ghlamfarsa requested that when they start building the sidewalk, that the rocks be saved, and stockpiled on his property to be used later.
John Ray (Ray) says it seems like some pretty reasonable accommodations have been made.
Harris says along with the proposal to move the house an additional two feet.
Elison says that would make the house about 12 feet away from the platform.
McDonald says she is confused between appendix D-2, D-3 and page 7 of the Burial Treatment Plan. D-3 has a shaded area- is that the preservation area?.
Ghlamfarsa says that is a no-build, no-improvement area, but basically the existing rock wall around the site is going to be built. The rock wall is not all of the shaded area- the shaded area is a no build area that will be landscaped.
McDonald asks Ghlamfarsa proposal D-2 is out?.
Ghlamfarsa agrees. Proposal D-3 shows a no build area, and the shape of the rock wall that is going to be restored. There will be a gate on the Sarona Road side, and opening within the site to allow access to the crypt- there will be no gate there, because it is within the overall site.
McDonald asks this includes the Wahinekapu Crypt?.
Ghlamfarsa says yes.
Ulu Sherlock (Sherlock) asks what is the distance between the proposed house pad and the no build area?.
Ghlamfarsa says right now it is right up against the site, but they are moving it back two feet.
McDonald says it will then increase to 3.9 feet, because now it is 1.9 feet, according to the maps provided.
Ghlamfarsa agrees, but the rock wall is not straight. The final result would be to maintain the footprint of the wall, restore it, and keep a minimum distance of two feet to the building pad. He would be tempted to make it a minimum three feet, so people could walk comfortably between the rock wall and the house.
Cutis Tyler (Tyler) thanks the landowner and the SHPD for arranging the site visit this morning- it is unfortunate that there was not a quorum.
Tyler wants to see the entire site treated with extreme sensitivity- those burials have been there a long time.
Bell asks Tyler if he is recommending preservation in place?.
Tyler says he is. That is the recommendation in the Burial Treatment Plan. Tyler has spoken with Ghalamfarsa, and told him that the burials should be left in place. Tyler wants to see the buffers as large as possible- he knows it is a small property, and there has to be some accommodation, so Tyler recognizes that.
Tyler does not want the overhang of the house to be over the wall (of Site 20448). The HIBC has never allowed that. Tyler understands that this will be a three story structure, and will have an impact on the site because of its height- this concerns him. The house will be shifted two more feet, so there will be about four feet between the makai side of the wall and the house. Tyler suggested to Ghalamfarsa that the walls around the site be rebuilt using stones from the area. It is important that these stones not be marked by bulldozing or heavy machinery- these are really nice stones. These are two or three person stones- maybe today five person (to carry them).
The Department of Public Works Engineer from Kona- Kai Emler was there this morning, speaking about the requirements of the hotel property to widen Sarona Road and make it a two way street between the hotel and Kuakini. The County wanted to put in a five foot wide sidewalk- that is a pretty wide sidewalk for such a narrow street. Tyler's concern is that there should eventually sidewalks on both sides of the street. Tyler suggested that the sidewalk not be wider than four feet. Emler told him the plan for Kuakini shows a five foot sidewalk there. Tyler thinks the sidewalk should be four feet wide because then it would have zero impact on that portion of the wall around the burial feature- Tyler told Emler that. Tyler is surprised the County did not have to come before the HIBC to put in the sidewalk.
Tyler spoke with Ghalamfarsa about a gate entry to the burial site on the north side. Tyler suggested the re-built wall should be four feet high, and filled with concrete- the concrete should not be visible, so the wall looks dry-stacked. Tyler also asked to clean up around the burial platforms, and to restore them- not rebuild them, we don't want the platforms looking like they came out of a museum all perfect- that is not the way they were constructed. Many of the rocks from the platform and wall have fallen down, making access difficult.
Alien plant species should be removed, except for the kiawe trees, most of which are outside of the feature. The plumeria which is growing up from one of the platforms needs to be handled carefully. Tyler understands that there will be no grading and grubbing on the property where the house will be built. This is a very significant area, and the burials are protected.
Tyler is concerned that the house is being designed so close to the burial feature, but also understands that there are some significant constraints here. Tyler's suggestion is that since the County is taking five feet of Ghalamfarsa's property for the sidewalk, that they allow him some flexibility on his setback on the west side of the property- this would allow him to move the house pad further makai, away from the burials.
When the walls are reconstructed, there should be an opening within the site between the north side (platform) and the south side where the Wahinekapu Crypt is. This would allow access, and it seems that this is what the kupuna had in mind when they originally built the feature.
Tyler wants to recommend to the HIBC, and Ghalamfarsa that the best thing that can be done is to put the permanent buffers up first. Do everything before they build the house- build the walls, etc. that way there isn't any pilikia. That way there aren't any interim buffers inhibiting pouring the concrete, etc. He suggested the same thing at the Kona Hawaiian Village and it seemed to work.
Tyler is here to make sure the kupuna are treated better than they have been in the past.
The other aspect of this is that there is a section of a raised area outside of the site, along Kuakini. It looks like it might have been planned as a utility box- but it is empty, the utilities are not underground. This would be a good area to landscape with la'i and other endemic plants.
It may be possible to use concrete and rebar to rebuild the walls a little more narrow. The walls are about four feet thick at the base that is the way the constructed them back then- the walls were dry stacked.
Lunakanawai Hauanio (Hauanio) says he is concerned about several things. The minutes that are created from this body may be subject to judicial scrutiny. Hauanio understands the (HIBC) Chair made a basic decision whether or not the question was posed. Council members saw the site on a site visit- there was no quorum. One Council member asked if they could speak on that issue. When the Chair said they could, Hauanio feels that it was questionable, because the minutes are subject to judicial scrutiny.
Hauanio is afraid if there is no consistency in the approval process that the HIBC reviews applicants, that it is a one foot in kind of process. If one person is allowed to do it, everyone else is allowed to do it. If you allow someone to build within a meter of a burial feature, you have a Hokuli'a situation that they have 20 foot buffers.
Bell says the HIBC determines only preservation in place or relocation. Any other business that is conducted is only recommendations to the Department. The HIBC is not approving any setbacks.
Hauanio says once the HIBC is thrown into the judicial system, everything you do and did and said is examined. Hauanio is coming in on both sides in bringing forth concerns that will benefit the HIBC, and the petitioner. The idea is so that they are aware of pattern and practices that are conducted by a government body. That government body cannot obstruct constitutional provisions. When you make recommendations, that recommendation as far as the courts are concerned, Hauanio has had the opportunity to sit in on almost every hearing that was held here regarding the Hokuli'a Project, that the one meter from the face of the wall, the 9.8 foot from the house to the burial feature, the overhang of the house having an impact, by moving the building.
Bell says the HIBC knows what their responsibilities are.
Hauanio says to allow this kind of petition to come before the HIBC can lead to hardships on the site itself, on the developer, and the many years the HIBC has put into it.
Article 12 Section 7 of the State Constitution says that the State shall protect traditional and customary rights. The question is when burials that are mandated to adhere to traditional and customary practices, how does building the rock wall with concrete adhere to traditional and customary practices?. Hauanio's understanding is that rock walls were used as a healing practice.. The reason why they are loose stacked, is that it can collapse. The healing practice is when you get kolohe like Hauanio- no more nothing for do, and plenty time- it gives a tool to rebuild the wall, and it helps to heal, because it gives structure. If you build with concrete, you take that away. Does that mean it violates Article 12, Section 7?- Hauanio says could be. If you build a three story building that close to a site that is mandated to be protected, is that a take?- could be.
Hauanio wants to know in 2005, who is going to care for the site after it has been agreed upon, and built. Is there a trust fund to maintain it's annual payment to the insurance if someone goes on the site and gets hurt?. Is there someone that is going to care for the site?, if there is and they get hurt, is there something that will compensate them for their hurt?. These things need to be taken into consideration- the liability factor. Who is going to pull the weeds?. If there are lineal descendants saying it is their kuleana, where is the palapala that deeds the interest to that 'ohana. If they are the lineal descendants to those burial sites, then who is the proper person to care for those burials?. Is it the State?, the State has no jurisdiction- it violates the separation of church and state doctrine.
The 'ohana should be given that. If there isn't 'ohana, it should be the one who put in the commitment to care for that site. Will the landowner provide that?.
Bell says there are recognized cultural descendants, and Tyler is one of them.
Tyler says he was advised by the representative of the Attorney General's Office this morning that he could not discuss what was going on with the HIBC members, because there was no quorum, and it would be a violation of the Sunshine Law. Tyler's discussions were with SHPD staff, Ghalamfarsa, and the County.
Page 13 of the Burial Treatment Plan does not show the wall exactly how it is- it is not an accurate depiction. Tyler wants to make sure another wall is not being built here. It should be restoration of the existing wall. Tyler wants to make sure that the protection and maintenance of this area is the responsibility of the landowner. Tyler is not asking for Ghalamfarsa to take on the kuleana of bringing people to take care of it. Tyler is more than happy to work with Ghalamfarsa. When the covenant is recorded, it needs to be clear the kuleana for that is with the landowner.
Mikahala Roy (Roy) says she is at least a cultural descendant of this land, maybe a lineal. Roy is happy Tyler, and Aunty 'Iwalani Arakaki are here today. Roy wants to know how developed the descendant list is, and were they notified of the agenda item at today's meeting.
Roy also represents Kulani Huli Honua, a 501(3)(c) entity that is concerned for the life and care of Hawaiian history and heritage. She is also a member of the Kailua-Kona community, who cares for this place.
Liholiho had a house near this area. Honua'ula is vitally important to the history of Hawai'i. Roy is concerned, and wants to know if the State has done a survey of the historic sites in this place?, has the State surveyed the original heiau of this area?. There has not been enough research of this area, and the lineal and cultural descendants have not been adequately advised and involved, and Aunty 'Iwalani Arakaki has not received any follow up on this matter- she has some questions on the maps in the plan.
Bell asks Arakaki if she has questions on the maps?.
'Iwalani Arakaki (Arakaki) says this has been going for a long time. The family that is there is the Wahinekapu Family- they go way back.
Arakaki asked them to keep the burials in place, and nobody got back to her- she didn't even get a map or anything. She does not even know what is going on. Kana'i has her genealogy information.
Bell asks Ghalamfarsa and Elison if they got copies of the Burial Treatment Plan to the recognized descendants of the area?.
Elison says they never got a list of descendants from the State.
Keola Lindsey (Lindsey) says at the last meeting when this item was discussed, Aunty 'Iwalani was identified as a potential descendant- Elison said they had her address, and said it would not be a problem to get a copy of the plan to her.
Arakaki says she does not want them to hana'ino- they should leave the burials in place- leave them alone.
Bell says the landowner has proposed preservation in place.
End Tape 1 Side A
Begin Side B
McDonald says considering all the burials her uncle saw right there, less then a hundred yards away, in the cave, all wrapped in lauhala. These burials are also wrapped in lauhala- someone said tapa, but it is lauhala. McDonald has seen walls that the rocks are falling down, and the cement is visible- it is ugly. Who ever maintains the site has to do constant maintenance. McDonald does not like the word rebuild, because it means to build it again, something else- it is better to restore it to it's original condition- how it is supposed to be.
McDonald realizes the property is really small, and really feels for a homeowner who wants to make his parents life comfortable, but she cannot agree with the buffer zones- only because she really knows this area, and it is very special.
Saffrey has a question about the insurance, and asks Ghalamfarsa if someone is injured in the area, does it become his responsibility?.
Ghalamfarsa asks within the site?.
Safrrey says yes, within the site.
Ghalamfarsa says it would be like any guest that comes to your home. The descendants that come to visit the site would be guests of the homeowner- they would be covered. It says in the plan that descendants will have the right to visit.
Roy says what about the desire to study heiau in that area?. We are all related as one 'ohana. What about students who want to learn about Honua'ula, and the vital role it has played in history?. Roy does not speak against the desire to build a home, she speaks in favor, or support, or concern of preserving the history of a place- the access.
Ua hau umu pohaku (?) is the term we use, instead of dry stacked. These customs of why things are built a certain way are important. Her question is will they be able to come to these lands?. Only the people who lived there, the kupa, can speak on these lands, and they are not here- the Wahinekapu, and others.
Bell says those questions are something for the landowner to think about for the future- it requires a lot of thought and involvement. It is not something to say yes or no to today.
Harris asks Ghalamfarsa about the need for excavations on the site, to prepare for the house foundation?.
Ghalamfarsa says there will be a need for excavations to prepare the house foundation, the area is all blue rock.
Harris thinks that the HIBC should preserve in place. Proposal D-3 puts the house three feet from the wall, and the roof and gutter will not hang over the site. Harris thinks consideration needs to be given to usability of the property. The owner will be responsible for maintaining access and everything. The HIBC should vote to preserve in place for sure. The only question he would pose to McDonald and Tyler is what kind of buffer should there be?.
McDonald says personally, no build- period. A minimum buffer has usually been ten feet.
Harris asks McDonald ten feet from the burial feature, or the wall?.
McDonald says the wall- the wall is part of the burial feature.
Harris says the HIBC will vote on preserve in place, and the department will make a decision on the buffer, and of course listen to all the descendant's testimony, and the recommendations of the HIBC. We are somewhere between 3 and 10 feet. The HIBC has the ability to make any recommendation we want, or no recommendation at all.
Bell says the HIBC should entertain a motion to preserve in place or relocate, according the SHPD staff, the 45 day clock started today.
Keola Lindsey (Lindsey) confirms that the 45 day clock for the HIBC to make a determination to preserve ion place or relocate starts today.
Tyler says it has become apparent, that at least one recognized descendant has not received the information. There is no indication that he has found, according to the November 2004 plan that any descendants have responded. He knows that he responded over four years ago. Tyler cannot speak for Arakaki, but she indicated this morning that she responded as well, and really has not been informed what is going on. If the Council does not have to make a decision today, perhaps it should be deferred, so that the recognized descendants can be given the opportunity to give comments- Tyler is not pretending to be the be all and end all.
With all respect to Ghalamfarsa, Tyler is disturbed that the descendants did not get the plan, and that there is no mention of people who responded. There are conversations with John Wahinekapu- he has children who have families that lived here. They did speak with Lucy Makuakane-Tripp, who passed away, so it is fortunate that they spoke with her.
If the process is to be fair, if people have been recognized, but the don't have the plan, and there is an opportunity to afford them the chance to review the plan, he would suggest doing so.
Elison says to make it clear, it is mentioned that Tyler contacted them, and she sent him a draft copy, but Elison did not get a formal list of recognized descendants from Kana'i Kapeliela. Tyler made the effort to contact them, and Elison appreciates that.
Bell says once again the system is broken. We have come across this issue time and time again- where descendants are recognized but not notified. Earlier Bell had asked for a determination to preserve in place or relocate, there was a caveat that she was going to add to that- the State should not take any action on this Burial Treatment Plan until the owner and the owners representative gets the list of recognized descendants from the State, send them the Burial Treatment Plan, and give them 30 days to review it. This disturbs her.
If the Council decides not to take any action today, we can wait. Bell asks Lindsey if the HIBC has 45 days from today to make a determination?.
Lindsey says yes.
Bell says we better have a meeting in February, and we can take this item up again. Bell is hopeful that recognized cultural descendants will have been sent the November 2004 plan.
Saffrey says she would like to defer.
Mary Carney (Carney) says there is a possibility all February 2005 Burial Council Meetings may be cancelled due to staff shortages.
Bell asks if we make a formal determination today, what is the time frame for the department to approve the plan?- is there another 45 day period?.
Lindsey says the department has a 90 day period to approve the plan, after the HIBC makes a decision.
Saffrey would like to defer.
Bell says the 45 day clock starts today- if the February meeting is cancelled, the department will make a decision on preserve in place or relocate.
Carney says it is not definite that the February meeting will be cancelled.
A motion is made to preserve in place site 20448, located on a property on Sarona Road, TMK (3) 7-5-07:28 (Harris/Sherlock)
Vote: All in Favor
Harris says after this determination, the 90 day clock will start, and it will give the applicant the opportunity to consult with the descendants, and make sure everyone is notified.
Bell says we can hold of on recommendations until the next meeting, because we will still be within the 90 day time period at the next meeting.
B. BURIAL TREATMENT PLAN FOR THE NICHOLS PROPERTY, PU'ULANI RANCH SUBDIVISION, PU'UANAHULU AHUPUA'A, NORTH KONA DISTRICT, HAWAI'I ISLAND [TMK (3) 7-1-05:12 AND 7-1-06:129]
Information/Determination/Recommendation: Council Determination to Preserve in Place or Relocate Previously Identified Burials. Council Recommendations to the Department on the Burial Treatment Plan.
Keola Lindsey (Lindsey) says this item was on the November HIBC agenda for a determination and was deferred. The December meeting was cancelled. The Department began reviewing procedures for a default determination because the 45 day clock for the HIBC to make a decision had expired.
The Department was then contacted by the landowners of this parcel Craig and Kay Nichols, who agreed to extend the deadline until this meeting so they would have the opportunity to come before the HIBC, and to have the HIBC make a decision, and make recommendations to the Department. This way, there would not be a default determination by the Department.
Mina Elison (Elison) says the Burial Treatment Plan proposes preservation in place for two identified burial sites, and a probable burial site at Pu'ulani Ranch in Pu'uanahulu. The total land area of the property is 6.6 acres, and it includes a portion of the entrance road that goes into the Ranch. The property is bordered by the North Kona Belt Highway on the north, and house lots on the east and the west.
Elison says she has submitted a revised TMK map- it shows the burials for this parcel and the burials on the adjacent lot formally owned by Dave Owens.
Geri Bell (Bell) asks Elison if this is a revised map?.
Elison says it is a recent TMK map, and it has the site locations and permanent and temporary buffer zones for the Nichols property and the adjacent property.
Bell asks Elison if this is the project where buffer zones overlap onto other properties?.
Elison says yes. On the Nichols property there are two identified burial sites, and a probable burial site. The map (figure 5) shows that on the northern portion of the parcel is site 18488. It was described in the 1997 archaeological inventory survey as an irregular mound measuring 5 by seven feet, with a height of about 2.6 feet. It is constructed of basalt and cobble boulders. It is located in a flat, grassy area.
The second site which is described in the inventory survey is site 20381. It is a single grave encountered in the Ha'o-Ka'iliwai garden. There are no surface features present, and an informant Charles 'Aipia remembers multiple graves in the area.
The probable burial area was identified and delineated during a site visit with the landowners, Elison, John and Debbie Ka'iliwai- who came out and plotted the area. The site measures 41 feet by 20.5 feet, and is located approximately 19 feet away from site 20381. There are no surface features present, and no sub-surface testing was conducted.
The proposed preservations measures would be establishing a 32.8 foot temporary buffer zone during operation of heavy machinery, which would be marked by orange construction fencing. A qualified archaeologist would conduct a pre-construction briefing with the construction crew to make the burials known to them. The permanent buffer zone would be 16.4 feet or 5 meters established around the preserved sites. Non-indigenous vegetation would be removed by hand, and the area landscaped with indigenous flora.
The buffer zones do overlap with the adjacent parcel, that portion not on the Nichols property would also be included in another buffer zone.
The HIBC is confused by this statement.
Elison says the property line is in yellow. The buffer zones of the probable burial and site 20381 overlap with another site addressed in a separate burial treatment plan- this entire area will be preserved.
Ruby McDonald (McDonald) asks Elison who is the adjacent property owner?.
Elison says it used to be Dave Owens, but is now owned by Thomas and Rene Morton.
The landowner is proposing to build a house where "77" is on the map provided to the HIBC. The area around any of the sites will not have construction taking place near them.
Kay Dixon-Nichols (Nichols) says she lives in Pu'uanahulu Ahupua'a. She and her husband are planning to build a house on a third of an acre close to the road that attaches the one acre parcel that previously belonged to Ms. Rapoza. The whole area of the piece of land that the third of an acre is being sub-divided out of is never going to be built on. It is just the third of an acre- shaped like a boot, at the end of the long piece of land that is going to be built on.
The area at the other end of the property, near what she believes is site 18488- there is a natural incline with rocks and shrubs and trees, that is an area where there will places to sit under the trees or just be there quietly.
Roger Harris (Harris) asks Nichols if she has no plans to develop near any of the burials sites?.
Nichols says she does not.
Bell asks if the adjacent property owner is here?.
Elison says he is not.
Bell asks Elison to go over the buffer zones again.
Elison says the temporary buffer zone would be 32.8 feet, and the permanent buffer would be 16.4 feet.
John Ray (Ray) says these are rather odd measurements- does this reflect the lay of the land?.
Elison says no, it is a result of the conversion of feet to meters.
Bell asks Elison if she has been in contact with Debbie Ka'iliwai-Ray?.
Elison says yes, there were site visits with Debbie and her father (John), and Charlie 'Aipia. Cetified letters were mailed to all of the recognized descendants. Shirley Keakealani responded, and agreed to the buffer zone.
Bell asks Elison if she responded in writing?.
Elison says no, she called.
Harris asks Elison what is the buffer zone measurement on the Nichols property?.
Elison says 16.4 feet.
Harris asks and on the adjacent property?.
Elison says the same- 16.4 feet.
Harris asks Elison if there is a reason the buffer is not 20 feet?.
Elison says no. If that is a recommendation the Council makes, it would not be a problem.
Nichols agrees it would not be a problem.
Bell says there would need to be confirmation from the adjacent landowner.
Dutchie Saffrey (Saffrey) says there should be a policy that responses from descendants should be in writing, and not just telephone calls.
Elison says each descendant of Pu'uanahulu was sent a certified letter.
Bell asks if there were any comments on buffer zones?.
Elison says those that responded agreed with the proposed buffers, and suggested that the burial areas be kept maintained.
Mikahala Roy (Roy) says she questions if a sufficient number of descendants have been advised on the matter- this is directed to the State. Have notices to the families been efficient and comprehensive enough to help keep the idea of pono to the land- advising the people is paramount to this.
These notices list it as Nichols property- a descendant would not know this is their property. Roy says this is offensive to her- she does not mean to disrespect the Nichols or any landowner, but when it pertains to the 'ohana, this is Pu'uanahulu. Roy's concern is for any part of Hawai'i that comes before the Council- we must maintain the idea of pono for the land and the people. As a person, as a descendant, as member of a business that supports heritage keeping this is very important.
Nichols says they have stayed in contact with John and Debbie Ka'iliwai, and kept them informed as to what is going on.
Bell says the descendants of Pu'uanahulu have been involved with caring for burial sites for a long time. Bell can see Roy's point in that she (Bell) is from Maui, and she would know different places by their traditional names- not by who owns the property.
Elison says the letters that were sent to the descendants included not only the current landowner's name, but also the TMK and that the property was in Pu'uanahulu.
Ray thanks Nichols for voluntarily extending the deadline for a determination.
A motion is made to preserve in place site 20381 located in Pu'uanahulu Ahupua'a, North Kona District, Hawai'i Island, TMK (3) 7-1-05:12, and (3) 7-1-06:129. (Ray/Saffrey)
Vote: All in favor
A motion is made to recommend to the Department to establish a 20 foot permanent buffer zone around the burial sites. (Ray/McDonald)
Vote: All in favor
Lindsey says there are actually a total of three sites the HIBC needs to make a determination on- the first motion only preserved in place site 20381- there is still site 18488 and the probable burial.
Bell asks Kanemoto what the correct way to do it is- withdraw the first motion, or make a second motion?.
Vince Kanemoto (Kanemoto) says the Council can address the other two sites with a second motion.
A motion is made to preserve in place site 18488 and the probable burial site located in Pu'uanahulu Ahupua'a, North Kona District, Hawai'i Island, TMK (3) 7-1-5:12 and (3) 7-1-06:129 (Ray/Kuali'i)
Vote: All in favor
C. BURIAL TREATMENT PLAN FOR A PORTION OF SITE 20380 AND A PROBABLE BURIAL SITE LOCATED AT PU'ULANI RANCH SUBDIVISION, PU'UANAHULU AHUPUA'A, NORTH KONA DISTRICT, HAWAI'I ISLAND [TMK (3) 7-1-06:58]
Information/Determination/Recommendation: Council Determination to Preserve in Place or Relocate Previously Identified Burials. Council Recommendations to the Department on the Burial Treatment Plan.
Keola Lindsey (Lindsey) says this agenda item was also on the November HIBC agenda under a different landowner. There was some discussion if the property has been sold. The property has been sold. This Burial Treatment Plan is now coming before the HIBC under the current landowner- who concurred with the details of the plan via a letter that was included in the mail out for this month's meeting. The 45 day clock for a determination starts today.
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Begin Tape 2 Side A
Geri Bell (Bell) asks if the landowner is here?.
Lindsey says no, but he believes Mina Elison is here as a representative.
Bell is concerned about the landowners letter. It just says they agree with preservation in place- it does not talk about buffer zones.
Mina Elison (Elison) says she is presenting the Burial Treatment Plan on behalf of the current landowners, Thomas and Rene Morton. She left the previous landowners name on the cover, because he is the one who paid for the plan.
The parcel is in Pu'ulani Ranch, adjacent to the Nichols parcel. Site 20380 is described as two graves along the boundary wall behind the Ka'iliwai-Ray residence. There are surface depressions visible. A site visit was conducted with Elison, John and Debbie Ka'iliwai, and DLNR staff.
Examination of the site revealed two features make up the site. The first feature, 20380 feature A consists of an approximately 10 by 10 foot alignment of water worn and angular basalt cobbles (detailed map on page 7). The wall which is also part of the site, extends north. John and Debbie Ka'iliwai delineated the site.
The probable burial site was not identified in the inventory survey, and was delineated during the June site visit with the descendants and DLNR staff. The area measures approximately 10 feet in diameter- there are no surface features. There is a depression, where John Ka'iliwai said his father in-law, Nelson Ha'o might have been digging a cesspool in the mid to late 60's. Ha'o had told Ka'iliwai to stay away from the area. This site has been included in the burial treatment plan as a probable burial.
The temporary buffer zone would be 32.8 feet, and the permanent would be 16.4 feet. Non-indigenous vegetation would be cleared by hand, and indigenous flora would be planted. A pre-construction briefing would be held prior to any construction or grading activities by a qualified archaeologist.
Ruby McDonald (McDonald) says it looks like the site and buffers overlap onto TMK parcel 57 as well- who are the landowners?.
Elison says she does not know who the landowners of that parcel are.
Bell asks Lindsey if the 45 day clock for a determination starts today?.
John Ray (Ray) says it seems there has been an effort to consult with the families, and they have been involved with identifying the sites. It would be good if the landowner of parcel 57 was at the meeting.
Bell says she does not know what the status of a burial treatment plan is for parcel 57.
Lindsey says a lot of the lots in Pu'ulani Ranch have been developed- people have built their homes, and it is unclear if those landowners like the ones on parcel 57 will ever have come in with a burial treatment plan. There is no "hook" that will force them to come in- no permit or anything, unless they subdivide or something.
A motion is made to preserve in place in accordance with the burial treatment plan a portion of site 20380 and a probable burial site located in Pu'uanahulu Ahupua'a, North Kona District, Hawai'i Island, TMK (3) 7-1-6:58. (Ray/Saffrey)
Vote: All in favor
A motion is made to recommend to the Department that the permanent buffer zone around the sites be increased to 20 feet. (Saffrey/Harris)
Vote: All in favor
A motion is made to have the Department contact the owner of parcel 57 to implement preservation measures consistent with those on the Nichols and Morton parcel. (McDonald/Saffrey)
Vote: All in favor
Lunch Break at 1230p
Meeting is reconvened at 200p
HIBC Meeting Minutes Corrections
March 18, 2004 HIBC Meeting Minutes
Page 8- fourth paragraph, second line- night blooming cereus is misspelled
Page 9- fifth paragraph from the top- a cave was not exposed when they built the McDonalds, it was when they built Kuakini Highway in 1954.
A motion is made to approve the March 18, 2004 HIBC meeting minutes with corrections and additions. (Ray/Harris)
Vote: All in favor
April 15, 2004 HIBC Meeting Minutes
Page 6- the role call count is 7 ayes and one nay.
Page 6- last paragraph, sixth sentence down- Kahikina Lane is misspelled.
Page 9- under item 3, corrections- William Akau is misspelled.
A motion is made to approve the April 15, 2004 HIBC meeting minutes as corrected. (Ray/Saffrey)
Vote: All in favor
May 20, 2004 HIBC Meeting Minutes
Page 2, and Page 4- second to the last paragraph, Hanalei Fergerstrom is misspelled.
Page 2- Abraham Kamakawiwo'ole is misspelled.
Page 8- sixth paragraph, statutes is misspelled.
Page 8- Pisciotta is misspelled.
Page 8- Lawton Kipapa is misspelled.
Page 8- third paragraph from the bottom, Mauna Roy is misspelled.
A motion is made to approve the May 20, 2004 HIBC meeting minutes as corrected. (Harris/Saffrey)
Vote: All in favor
June 2004 HIBC Meeting Minutes
A motion is made to defer approval of the June 2004 HIBC meeting minutes because they are still in rough draft form. (Ray/Harris)
Vote: All in favor
D. BURIAL TREATMENT PLAN FOR SITE 24150, PAHOEHOE 1ST,AHUPUA'A, SOUTH KONA DISTRICT, HAWAI'I ISLAND [TMK (3) 8-7-007:008]
Information/Determination/Recommendation: Recognition of Descendants. Council Determination to Preserve in Place or Relocate Previously Identified Burials. Council Recommendations to the Department on the Burial Treatment Plan.
Keola Lindsey (Lindsey) says this is the first time on the agenda for this item. The 45 day clock started today.
Lindsey reads a memorandum dated January 19, 2004 from Kana'i Kapeliela, Cultural Specialist with the State Historic Preservation Division to Memebers of the Hawai'i Island Burial Council recommending recognition of Clarence Medeiros Jr. and his listed family members as Cultural Descendants for the purposes of this agenda item.
A motion is made to accept SHPD staff recommendation to recognize Clarence Medeiros Jr. and his listed family members as cultural descendants to the subject project area. (Sherlock/McDonald)
Vote: All in Favor
Alan Haun (Haun) says his consulting firm has prepared the burial treatment plan for the applicant, Mr. Peter Dungate who is also here. Two burials are within the 94 acre parcel, which is located between the Mamalahoa Highway and the ocean, and a half mile north of Kona Paradise Subdivision. The burials were identified during an inventory survey conducted by Haun and Associates. The burials consist of features A and B of site 24150. This site also contains 9 habitation features which will be preserved in accordance with a site preservation plan which is currently under review with the SHPD. Feature A is a oval platform, and feature B is a terrace.
The applicant is planning to build a home for his family, and proposing preservation in place. During the preparation of the burial treatment plan notices seeking lineal and cultural descendants were published in the West Hawai'i Today and Honolulu Advertiser between November 19th and 24th 2004.
Mr. Clarence Medeiros Jr. responded to these notices, and provided documentation supporting his descendant claim, and his children and grandchildren. Mr. Medeiros is a descendant of the 1856 grantee of the parcel that includes the subject TMK.
Mr. Medeiros reviewed a draft of the burial treatment plan, and approved it subject to incorporating a paragraph listing individuals he had identified as potentially being associated with this Ahupua'a. That paragraph is included in the plan before the HIBC. Mr. Medeiros reviewed the plan when he was here earlier and approved it.
The long term in place preservation of the identified burials would be achieved by establishing a permanent buffer zone of 20 feet surrounding the burial features on all sides. With the exception of appropriate cultural activities and periodic maintenance, no land modification or activities of any kind will take place within the preservation buffer. The interior surface area will be left in a natural state. The buffer zones will not be physically delineated, because they are within a larger preservation area.
During construction a temporary buffer of 50 feet will be marked around the site perimeters. Responsibility for maintenance and security of the sites will be with the landowner. Permanent in place preservation will be achieved by a restrictive covenant which will be incorporated into the deed of the property. The covenant will include the appropriate requirements and restrictions related to physical improvements, maintenance, security, and access for recognized lineal and or cultural descendants.
Haun has prepared a map showing the sites that are to be preserved including the buffer area. The map also shows the area Mr. Dungate is proposing to build his house.
Geri Bell (Bell) asks what the permanent buffer is?.
Haun says 20 feet. All of this land is conservation, and is currently undeveloped, and in its natural state. Page 4 of the burial treatment plan shows the entire site 24150. Features A and B are the two burial features within the larger site area. Haun wanted show all the other sites that are being preserved in the vicinity- basically the entire coastal portion of the property will be preserved.
Ruby McDonald (McDonald) asks how many acres will the site 24150 preserve be?.
Haun says it will be a fraction of an acre.
End Tape 2 Side A
Begin Side B
Mikahala Roy (Roy) wants to know if any additional outreach efforts have been made by the applicant to find additional lineal and or cultural descendants- outside of the publication of legal notices.
Roy suggests working with Mr. Medeiros to develop a pool of descendants to be notified and consulted.
Roger Harris (Harris) says for the record he has a small interest in a property three lots down from this one, and knows Peter Dungate.
A motion is made to preserve in place site 24150 features A and B located in Pahoehoe 1st Ahupua'a, South Kona District, Hawai'i Island, TMK (3) 8-7-007:008, as agreed to by the applicant. (Ray/Saffrey)
Vote: 5 ayes and 1 abstention (McDonald)
E. BURIAL TREATMENT PLAN FOR SITE 2009- HAUKALUA HEIAU, LA'ALOA AHUPUA'A, NORTH KONA DISTRICT, HAWAI'I ISLAND [TMK (3) 7-7-10:36]
Information/Recommendation: Informational Presentation by Rechtman Consulting. Council Recommendations to the Archaeological Consultant regarding the development of the Burial Treatment Plan.
Keola Lindsey (Lindsey) says Bob Rechtman is here to do an informational presentation and to consult with the Council as to the details of his yet to be written burial treatment plan that is being developed for the site.
Geri Bell (Bell) asks who is the property owner?.
Bob Rechtman (Rechtman) says the County of Hawai'i- they have a representative here as well. It was his intention to come to the Council before having a written plan to share the process of how consultation has it has occurred so far, and to seek further guidance or discussions on the treatment recommendations for this particular site. Everyone so far is in agreement that it will be a preserve in place situation, which Rechtman understands is the legal responsibility of the Council, but the Council also makes recommendations to the Department.
In this particular case, this is a burial site that is also a heiau at La'aloa Beach Park, also known as Magic Sands Beach, or White Sands Beach. It is on a parcel that was acquired by the County for the purpose of expanding the beach park area to the south, for essentially the construction of a parking lot.
There was a requirement by the DLNR on the County to prepare a preservation plan for the archaeological sites on the property. A draft of that plan was submitted somewhere around 1995 or 1996- it was prepared by Kepa Maly, and included a substantial amount of oral history and archival research relative to the area, and consultation. The DLNR reviewed that plan, and required some modifications to it, particularly they wanted more of a discussion on the archaeological sites that were there, and recorded as a result of a survey that had not taken place when Kepa submitted his plan- it took place in the interim. That survey was done by Marc Smith, Carol Kawachi, and Virginia Goldstein. The DLNR wanted that information incorporated into Kepa's plan, and they wanted a burial treatment plan prepared for Haukalua Heiau, which has iwi in it which washed out, and were reinterred- there is a whole history with the DLNR regarding interment at this heiau as well.
The interesting, and perhaps difficult part about preparing this burial treatment plan is that the heiau is currently also used for on going religious practices. The descendants that were consulted as a part of Maly's study, or the conclusion that came out of Maly's study suggested that the heiau be restored to the condition it was in prior to 1996 when it was modified- coral was added, other features were built, a lele was put on top of the heiau. There was also discussion on the on going practices that were there.
Following advertisement (newspaper publications) for descendants on this project, Rechtman received two responses- Thomas Hau'una from O'ahu, and the Luhiau Family through a branch named Opunui- Rechtman thinks there are also other Opunui Descendants as well- there may be some here today. The mana'o from those folks was please remove the stuff off the heiau, and not have people walking on the bones of their ancestors. Rechtman entered into a larger community consultation project- there were several meetings with County people present to discuss the overall treatment of all the sites in this area- those meetings were not very productive. Rechtman and Mikahala Roy co-sponsored a day long session to discuss the issues on this property. The result of all that was perhaps removing the lele, and telling people they can't practice their cultural practices they are practicing today on the heiau because they (the cultural practices) are offensive and inappropriate.
Rechtman says consistency is something people are striving for in terms of buffers and everything like that. Rechtman says he could come to the Council with a burial treatment plan that has one of two alternatives. The heiau could be restored to an earlier condition, remove the lele and put it nearby somewhere else, allow people to do their practices near there, make it kapu to anyone other than lineal and cultural descendants, and set a buffer.
An alternative would leave the heiau the way it is, let the people caring for the heiau now continue to care for it, and allow activities to occur there. This choice is not necessarily consistent with other treatment plans that have come before this Council.
Rechtman says the SHPD archaeologists have said they do not want to see a preservation plan for other sites until a burial treatment plan is approved by the Council. Rechtman has also spoken with Burial Sites Program staff as to what is the appropriate treatment for the site.
Bell says it seems that there is the burial issue, which is the Council's kuleana and also the issue of the use of the heiau as a cultural site. This property is County owned, so there is an issue of allowing Native Hawaiians access. When a property is government owned, it belongs to the people- that is an issue for the County to deal with.
Rechtman distributes a map showing La'aloa Beach Park- the existing parking lot, the location of the heiau, and the rest of the sites in the park.
Bell asks if the lele is the only issue?.
Rechtman says it is not necessarily the lele, it is use and access of the site, and the on going modifications that have taken place- that is the issue that will be in the burial treatment plan. Rechtman considers the Council an important body to consult on these issues during the preparation of a burial treatment plan. He would not consult on preserve in place or relocate- that is the Council's determination. The Council does make recommendations to the Department. Rechtman says he is trying to consult regarding those recommendations- what would be precedent setting, what is appropriate, etc.
John Ray (Ray) asks Rechtman to describe the map he distributed.
Rechtman describes the sand area for the beach, the ocean, and Ali'i Drive, the existing parking lot, and the restroom locations. There are other archaeological features on the property- a wall, and habitation platforms. Kepa Maly identified areas that were canoe landings.
There were negotiations that have not completely fallen apart, but are evidently breaking down. There was an attempt by a group called La'aloa 'Ohana to take on stewardship responsibilities- they were working with the County to do that, but it has not happened. The County is still responsible for preparing some sort of preservation plan. There was talk of improving the area with interpretive signs and a walk way that would control access to the sites, and also a large buffer.
Mikahala Roy (Roy) says there was also the issue of removing a parking lot. This was also something Rechtman talked to the community about.
Rechtman says the interpretive aspect was developed in Kepa's study, so it is all there. The burial treatment plan will enhance on that issue a little. The negotiations that took place over the last few years between the County, and La'aloa 'Ohana involved removing part of the existing parking lot- at least the area in front of the heiau. That has not happened. Rechtman does not know if the County has plans to remove it or not- that is an on going issue.
The issue that will come before the Council will be preservation in place of the remains in the heiau, and to make recommendations to the Department on appropriate treatment. Rechtman says the mana'o he has received so far varies, and he would appreciate any input the Council might have regarding the details of the burial treatment plan- he is not sure what it will say about buffers and use and access. It will recommend preserve in place.
Ruby McDonald (McDonald) asks Lindsey if the 45 day clock starts today?.
Lindsey says no, this is just for information.
Mary Carney (Carney) asks Rechtman when he expects to submit a burial treatment plan.
Rechtman says hopefully by the next meeting.
Roy says in an effort to help answer questions, to be fair, to get the full representation of testimony that has been given, we must invite people who have been at this issue with Rechtman to help the County come up with a plan. There might be room for making sure what has actually happened is represented. Roy says it was her non-profit that hosted a meeting- Pat Englehart was there, and we spent the day (January 3rd) with a panel of all people representing sites here. Roy feels it was highly successful in bringing forth information, and establishing a point to continue from.
Her father is kahu for Ku'emanu Heiau, which is a County owned property. This is why she is saying we should all get together. Truly the issue is the heiau, iwi in the heiau, care of religious practices, and access- those are big concerns.
There were discussions about helping the understanding process. The parking lot was put in place in 2000, without the input of descendants- it is grievous. That totally interferes with La'aloa. For the record, Roy says she called the SHPD, and was referred to Nathan Napoka on this issue. Roy was concerned for the upper portion of La'aloa- how could development be happening at such a rapid pace with out cultural monitors?. Roy was told there is no such thing as a cultural monitor- that makes people uneasy.
Bell suggests getting the word out to people who have been involved- make them aware that this item is on the Council's agenda.
Ulu Sherlock (Sherlock) says she remembers seeing an article in one of the newspapers, and a television show on public access regarding this issue. These are some ways the word is getting out.
Roy says members of the La'aloa 'Ohana can answer any questions on this issue- they are the ones that have been involved from the beginning.
Ray asks if the County has any stance on the input from the public, and the development plans for the park?.
Diane Noda (Noda) says she is a Deputy Corporation Counsel, representing the Department of Parks and Recreation. She is here mainly to get information on what the concerns of the Council and the community are. She was assigned this case several months ago, so she has been involved since then. The County's discussions with Ron Cawthon and Lunakanawai Hauanio have come to a standstill at this point, Mayor Harry Kim made a commitment to the people regarding the concerns around parking lot. It is her understanding that Parks and Recreation is in the process of obtaining a design contract, at which time they will be doing a survey, and then addressing the parking spaces and redesigning the rock wall, and the driveway- which are all issues the County has spoken with La'aloa 'Ohana about.
HIBC Member Kaleo Kuali'i leaves at 305p quorum is maintained.
As far as community views, and future plans, it is all in limbo at this point. La'aloa 'Ohana has expressed an interest in stewardship here, but there has not been anything formalized.
Dutchie Saffrey (Saffrey) says she is concerned about the placement of the parking lot without the community input- is that the normal process?, are there guidelines?.
Noda says she does not know the complete history- there have been concerns regarding the lack of community input, and the County is trying to address that.
Lindsey reads a letter from Valerie Luhiau to the Hawai'i Island Burial Council regarding Haukalua Heiau.
Ron Cawthon (Cawthon) says this is a unique situation. Most people come in prior to development to get the Council's approval. The development here has taken place without a burial treatment plan, or preservation plan approval. The County is here backtracking to cover themselves.
Cawthon wants to know what the Council's duty to NAGPRA is, and if they are familiar with it.
Bell says she is familiar with the law.
Cawthon wants to know if the Council has the ability to incorporate NAGPRA into the administrative rules.
Bell wants to know how NAGPRA relates to the Council's decision to preserve in place or relocate the iwi in the subject site.
Cawthon says if NAGPRA applies, it has a lot more in the consultation process.
Vince Kanemoto (Kanemoto) says NAGPRA deals with the repatriation of cultural items.
Cawthon says he noticed in the administrative rules that there are penalties- when there is injury or damage to sites who does that- the Council?.
Bell says that responsibility is with the DLNR. The Council deals only with the iwi.
Cawthon says he wants to discuss the applicants credibility- what they have been actually doing at La'aloa. In 1994, the Royal Order of Kamehameha, Kona Hawaiian Civic Club, Daughters of Hawai'i, Office of Hawaiian Affairs- the most respected kupuna in the community got together and decided the best thing for La'aloa was to malama the iwi and malama the religious sites. In 1995 the County agreed with all the cultural support, that a hawaiian cultural center would be built.
Haukalua Heiau is on the State Register of Historic Places since 1973, and was identified by William Stokes. Cawthon says he and others have endured a lot of things. One thing he endured was that there was an agreement in January 1995 to build a cultural center, they moved forward. A County Council person then raised his concerns about having Hawaiians in the park. The problem this person had was that Hawaiians would be sitting in the shade, strumming their ukuleles, looking at the ocean from early in the morning until the park closed. Some Hawaiians expressed their political beliefs about the Hawaiian Kingdom, some provided security. Cawthon says they caught someone robbing the Heiau- people were going there at night and mining it underneath. Cawthon says they reported it to DOCARE, and DOCARE found the iwi- there is a whole story behind that.
This County Council person wrote a letter to the mayor, and four days later, twelve Hawaiians and Cawthon were arrested and taken to jail- handcuffed and placed in the paddy wagon for illegal camping. Cawthon says he was two blocks from his house. Cawthon feels that this gives background on the credibility of the County. Cawthon says they were prosecuted for nine months aggressively- five days before trial, the charges were dismissed without any resolution to the issue. Robert Kim was their pro bono attorney, and the issues that were brought out at Hokuli'a were the same issues that were going to come up at La'aloa.
Cawthon says the Council, and the County are constitutionally mandated to protect the people's rights. The State Constitution should be the driving force behind this process.- protecting all rights customarily and traditionally practiced for subsistence. Cawthon wants to make sure that other rights are protected- freedom of religion- they talk about restoring parts of the heiau, the work being done on the heiau. In 1997 the Heiau was rededicated by kahuna from all over with proper protocols, and in consultation with Hawaiian organizations. That is what they want to remove.
In 1995 they started an archaeological survey, and it was not completed until 2000. Rechtman mentioned that the former planning director, which is highly unusual, was one of the persons that prepared the report. In May of 1996, the County officially reneged on the agreements to the kupuna. They found out later that on that same day, the County Council had on it's agenda to rezone the mauka lands in La'aloa. The effect was that the Hawaiians that would have ensured protection of the sites and iwi up mauka were removed.
The sad thing is that Uncle Leon Sterling, Auntie Lei Collins, Auntie Hattie &endash; a lot of kupuna have passed away. They were there- they brought gifts for the mala- the mala was once thriving. Cawthon urges the Council to go look at the site themselves- it is a horror. Someone has cleaned it up in the last few days. Typically what happens because of the parking lot, and because there are no protective measures, people throw their beer bottles, their trash, their 'opala out there.
Cawthon says the Kepa Maly report gave specific recommendations to protect all the archaeological sites and the heiau- buffers, everything was laid out. The County agreed in 1997 that they would implement the protective measures before construction. As of today, not one of the recommendations has been implemented. The horror of it is when the grubbed the aina, especially in front of Haukalua Heiau, there were no buffers, no delineation- they just brought in the bulldozers and did it- he has the pictures. Cawthon says the County are liars. The County told the SHPD in 2000 that they would implement all the preservation measures Kepa Maly recommended prior to construction- as of today, not one has been implemented. The SHPD is not capable of any enforcement with the County of Hawai'i. It seems the County can do whatever it wants.
In April 2004, the mayor agreed we would move forward, and develop a stewardship agreement, which was a intricate part of the Kepa Maly Report. As of today, nothing has been done. In June 2004, the County agreed to move part of the parking lot- not one thing has been done. Kupuna have identified specific graves on the site that the County has bulldozed and run over. People tromp on them.
End Tape 2 Side B
Begin Tape 3 Side A
People have been arrested and have died, and we are still waiting for La'aloa to be properly taken care of. Most people know what the literal interpretation of La'aloa is- very sacred. Cawthon wants to make sure the County does not railroad the Council. Cawthon says they are heading to court- it is unfortunate because, personally Cawthon has spent 11 years of his life trying to get the County of Hawai'i to follow the law, and they refuse to follow the law at this moment.
Lunakanawai Hauanio (Hauanio) wants three things. He wants a determination from the Council whether or not they recognize the La'aloa 'Ohana as a Hawaiian organization to protect this site. Hauanio wants a written apology from the County for all of the desecration they have committed on this property against two burials he knows personally- they were there, and now they are gone. Hauanio wants the map Rechtman showed the Council, so Hauanio can show where the burials used to be.
Rechtman agrees to let Hauanio use the map, but says Hauanio has seen this map many times before, and never mentioned these two burials.
Hauanio says they are in Kepa Maly's report. These were not for the haole.
Rechtman says Kepa Maly's report talks about possible burial features near the hau (?).
Bell says it is not in the Council's purview to recognize Hawaiian organizations- Bell suggests writing a letter to the Department and get a response from them. There is a County representative here today, and she can take Hauanio's request, and take it from there.
Hauanio uses Rechtman's map to point out where he knew there were burials. There is a wall- one burial was in the wall. The other was right where the entrance way is. It is gone, that is where the parking lot is.
Saffrey asks Hauanio if he has anything that documents the locations of these burials?. Hauanio made a comment earlier that these were not for the haole- if that is the case, how would they know?.
Hauanio says haole means when they look at it, they don't see it because they want to put in their parking lots- that is the haole he is referring to.
Cawthon says these were identified by the kupuna, and brought to the County's attention, and they did not do anything about it.
Hauanio says he is not sure what the date of the Valerie Luhiau letter is. There was a meeting with the Mayor, and he met the Luhiau Family for the first time. The County made representation to the Luhiau 'Ohana that the lele was no good. Hauanio is curious about the letter. When they were at the meeting, and started to talk, we found out that the County told people different things.
The County has a pattern and practice of finding other 'ohana that conflict with the proposal. They find other families, and bring them in to cause hukihuki with the other 'ohana. Hauanio says he just spoke to the girl last week.
Hauanio says no it is his turn to talk- he has a big problem with the County's pattern of practice- they bring in somebody new, they just got in. The burials- the iwi are still not being protected. Ten years- when is the County going to say hey you know what Hawaiians, you guys right, let us help you take care of this place.
Hauanio says he does not get it- it is a constitutional mandate. La'aloa 'Ohana is a Hawaiian organization, and they want to take care of their iwi. The County is bringing in families from the outside, and tell them what they want to tell them. They come before this forum to read it onto the record that is judicially scrutinized. We never had any minutes to judicially scrutinize, but when we come here it is.
When this burial treatment plan happens, he wants the Council to make a decision to keep the La'aloa 'Ohana notified, that they are a part in the preservation and protection of the site. Knock off the bulls**t- you guys as Council members should not stand for that kind of bureaucratic bulls**t that goes on.
Ruby McDonald (McDonald) says the Council really does not need to hear that kind of language.
Hauanio says you don't. What he is saying is Hawaiians don't know they are being dissed.
McDonald asks if Hauanio is talking about himself?.
Haunaio says no, he is talking about the Opunui 'Ohana when they put that letter together. They did not have all the information.
McDonald says we should not judge other people.
Sherlock agrees that this is not about judging other families.
Hauanio says he is talking about the time element- what was the date of the letter?.
Bell says the date of the letter is January 19th, 2005.
Hauanio says see- they bring them in after all of the agreements were made. Hauanio does not get it, he does not understand. Maybe he is emotional, but he cannot see how someone can come before the Council, representing the County when there is a statute that says that the Corporation Counsel represents the County. He remembers when the bid went out for this company to take on the task of providing this information to this body- Hauanio thinks that should be questioned. There are a lot of things that are going around the loops- he does not know how to express it- he is trying to keep the emotions in.
When a meeting is held, there are minutes that are put out. Members who were present at the meeting are not here to review the minutes, and put in their best recollection of the time of the meeting, and then have it approved. Hauanio is very concerned about that, and thinks the Council should be concerned about that, because there is a lot of things that happen that 'a'ole pono.
Curtis Tyler (Tyler) says when Uncle Leon Sterling was alive, he and Tyler were called down on a number of occasions to meet with the 'ohana and others who were a concern to the County. Henry Cho was involved, and we had a number of meetings, so Tyler has some knowledge from the last ten years or so.
Tyler realizes it has been a really long time, and there are people who are frustrated because they have worked really hard, and are trying to move forward on this- and Tyler would say it is true on both sides. The County did not understand or realize at the time what they were buying- through no fault of their own. Tyler read the record, and knows what the appraisers said. Things have come to light since then, and we have new information about an area that is of great significance to the Hawaiian people, and therefore all of us as citizens and residents.
Tyler looks at this as an opportunity- what is passed is passed, we can't turn back the clock, the hands of time. Tyler told Hauanio this morning that maybe we should use this as an example for a new paradigm. This is a property that was purchased for augmentation, to enhance White Sands Beach Park, now known as La'aloa, also known as Disappearing Sands. There is enough blame to go all the way around. Tyler looks at this as a new paradigm. When the County purchased this, the County Council authorized it to enhance the park. The initial thoughts were on parking, because of the difficulty down there. When the surf is up, the parking lot is closed, so everyone parks on the side of the road anyway.
We have here a facility- a property that was obtained to be used as a recreational resource- it turns out that a portion of the property is a significant cultural resource. This may be one of the first areas where the County can look at this not as a recreational facility, at least the portions of concern that have been mentioned. Tyler cannot speak as to what is under the parking lot- he does not have first hand knowledge of that- he is going to confine his comments makai, on the hema side.
Tyler read in the paper this morning that Ms. Mizuno, the Deputy Director of Parks and Recreation is concerned about the La'aloa 'Ohana- what kind of organization they are- Tyler told Hauanio that there are ordinances that are very clear- Tyler was on the committee that passed the ordinances. For certain types of leases, for grants and things, you need to be a 501(3)(c). Hauanio or Cawthon asked him what about their constitutional protections?. That caused Tyler to think about it- no law supersedes the Constituiton.
It seems that since this is one of the first times the County is looking at this, that maybe the County, and the community needs to set the new paradigm. We have the friends of the park program which has been highly successful- but this is different. This is not a recreational facility, it is an important and valuable cultural resource. The Council can help the County, and the community- in particular descendants who have strong feelings about this to see what we can do to come up with a new paradigm. Perhaps a site visit at some point may be in order. That way those who are not familiar with the site can see what Hauanio and Cawthon are talking about. Maybe we can all get a better understanding. If we stop pointing fingers at one another, and figure out how we are going to come together to honor this place.
If the La'aloa 'Ohana wants to be recognized as a Hawaiian organization, they need to go to the Department. It is frustrating sometimes when you get pointed here or there- Tyler understands how frustrating that can be.
Tyler strongly believes how he did ten years ago when he and Uncle Leon sat down in a very contentious atmosphere, that hope springs eternal. Mana'o i'o, mana'o lana a me ke aloha pau'ole. As Hawaiians we believe this. If we go into this believing we can have an agreement, despite the past pilikia we have had, maybe with akua's help we will, and we can use this as a model for the future. As development occurs in areas, it is going to happen. Tyler is grateful that Cawthon and Hauanio and others have been diligent- as we know sometimes things don't happen because people just give up- they get tired, the bureaucracy is too great. Maybe we can find a way, and find a new model for cultural resources.
Tyler wanted to present this today- it is very important we come to an agreement. He has ten years of background on this, and is a lineal descendant to the ahupua'a immediately adjacent and he will be happy to assist all sides.
Kathleen Abood (Abood) wants to ask why a private landowner needs to prepare a burial treatment plan in advance of development, and the County did not. Is the County excluded from the process?.
Bell says the County is not exempt from the law. We need to move forward on this. This was an issue that got on the agenda without even a draft burial treatment plan- this is highly unusual. The next time this project comes before the Council, Bell hopes to have a burial treatment plan that includes whatever the County is recommending, and the Council will make comments on the plan.
Abood says she understands the need to move forward, but wants to know how in the future the County will be included in the law when it comes to burials. How as a taxpayer can she assure that her government is going through the same process that would be expected of her- she wants to know. She has seen it before, where government entities are excluded from the process.
Bell says the County is not being excluded from the law.
Abood says as a citizen how does she get the laws to be enforced across the board?.
Tyler says call your councilman or woman- that is how you start. It is extremely important that whatever plan is developed, the descendants are included not at the tail end, but up front.
Roger Harris (Harris) says we have one descendant letter. There is a heiau with iwi- is that common?.
Tyler says he has seen heiau where iwi have been exposed during restoration. He certainly would not be the one to dig in heiau to look for iwi. He knows there was a great difference of opinion between the people that were hired to do the work for the County, and what some members of the community felt- that was the difficulty. He can't claim first hand knowledge about some of these issues- there are others who know more- if there are descendants, by all means they should be consulted. All the people need to be involved.
Hauanio says he met with Marni Herkes. She told him about Betty Myerson- she is the president of the Kona Outdoor Circle. Hauanio spoke with Myerson- they are a part of the La'aloa 'Ohana. They are more than happy to work with us to get the agreed upon plans done. They got money for it.
Hauanio also spoke with this guy- Lau- he is with SBA. There is a State agency that supports their efforts- all part of the La'aloa 'Ohana. Everyone supports protection of the iwi. Cawthon says he is going to sue. Hauanio is trying to avoid the lawsuit at all costs, because it is not going to protect the iwi tomorrow- the idea is to protect them. Hauanio is repeating what the County already has on record. He does not understand this delay and stall tactic. He has been waiting here since 730a to say this, he has more. He just wants closure. He is a Hawaiian National- according to the State Constitution, Article 12. Section 7, the State Agency is required to protect his rights, whatever those rights are.
A motion is made to adjourn the meeting (Sherlock/Ray)
Vote: All in favor
The meeting is adjourned at 355p
Burial Sites Program