Island Burial Council Document Page
MINUTES
HAWAI'I ISLAND BURIAL COUNCIL MEETING
DATE: THURSDAY, FEBRUARY 19, 2004
TIME: 10:30 AM – 4:00 PM
PLACE: Na`alehu Community Center
Na`alehu, HI
ATTENDANCE:
Members: Geri Bell, Chair
Ruby McDonald, Vice-Chair
Ulu Sherlock
Keolalani Hanoa
Ulu Garmon
Charles Young
Roger Harris
John Ray
Staff: Kai Markell, Director of Burial Sites Program
Mary Carney, Historic Preservation Specialist
James Paige, Deputy Attorney General
Mary Anne Maigret, Assistant Hawaii Island Archaeologist
Keola Lindsey, Historic Preservation Specialist
Jeanne Knapp, Historic Preservation Specialist
Guests: Alan Haun Bruce McClure
Alan Fujimori Chester Koga
Pele Hanoa Nani Langridge
Jack Kelly Arthur Mahi
Anthony Ching Ako Anjo V. Leihulu Mamac
Jim Medeiros, Sr. Roland Medeiros
Lorna Ann Takizawa David Medeiros
Kahili Kawainui Norman Eddie Navas
Bobbie Navas James Moore
Mina Elison Boone Morrison
Ka`iulani Akamine
Absent: Nalei Pate-Kahakalau (excused)
Eli Nahulu (excused)
I. OPENING REMARKS
Meeting called to order at 10:35 AM by Chairperson Geri Bell (Bell). Pule wehe is offered by Ulu Garmon (Garmon).
II. APPROVAL OF NOVEMBER 11, 2003 MINUTES
Approval of November 11, 2003 meeting minutes deferred because of the lengthy business agenda.
Councilmembers John Ray and Roger Harris arrive at 10:38 AM.
III. BUSINESS
A. REISH OHANA PROJECT, LANDS OF LAMALOLOA, KAIPUHA`A, AND KOAEAE, NORTH KOHALA, ISLAND OF HAWAII (TMK: 5-7-01:11)
Information/Recommendation: Recognition of Lineal and/or Cultural Descendents.
Kai Markell (Markell) reads a February 18, 2004 memorandum from Kana`i Kapeliela for the staff recommendation to recognize Valerie (Luhia) Ako as a cultural descendent for the purpose of protecting unidentified ancestral Native Hawaiian remains located on the lands of Lamaloloa, Kaipuha`a and Koaeae, North Kohala District, Island of Hawai`i (TMK: (3) 5-7-001:011).
A motion is made to accept staff's recommendation to accept Valerie Ako as a cultural descendent. (McDonald/Hanoa)
VOTE: ALL IN FAVOR.
Charles Young (Young) asks if this item has been on the agenda before.
Markell says the burial treatment plan will likely be brought before the Council soon and this is the first descendent to be recognized for this project.
Keola Lindsey (Lindsey) says the former landowner's name is Gordyn and this has not been before the council before.
Markell says they will send a letter notifying Ms. Ako of the Council's motion today and the burial treatment plan when it is prepared.
Anthony Ching Ako Anjo (Anjo) says that her full name is Valerie Luihau Ako Anjo, his wife, and she could not attend today.
Arthur Mahi (Mahi) describes his family and says he is pure Hawaiian. Everyone living in Hawaii should respect the Hawaiians that were here before. Any land with burials should not be used.
Keolalani Hanoa (Hanoa) explains the role of the burial council to represent families and to protect burials.
Markell says he will make sure that the recognized descendents will receive the burial treatment plan.
B. KINGMAN TRUST PARCEL, PAHOEHOE, KONA, ISLAND OF HAWAII (TMK: (3) 7-7-08:20, 31, 100)
Information/Recommendation: Recognition of Lineal and/or Cultural Descendents.
Bell asks the status of this project.
Markell says there were previously known burials on the parcel and the Burial Council voted to preserve them in place. The landowners requested a contested case hearing; it was held in Honolulu with Burial Council chairs and land board members. The panel upheld the decision by the Hawaii Island Burial Council to preserve the burials in place. Since then there has been no development on the parcel. The landowner may want to confirm some of the possible burial sites on the parcel. We will mail out the final decision and order from the contested case hearing.
Markell reads a February 18, 2004 memorandum from Kana`i Kapeliela for the staff recommendation to recognize Sunday -`Anela Alohalani (Kuhia) Josephides as a lineal descendent in the matter of protecting known family graves associated with Kipapa (k) and his wife Kekapahaukea (w), the locations of which are noted within the boundaries of the Kingman family trust property comprised of TMKs (3) 7-7-008, parcels 20, 31, and 100, in the `ahupua`a of Pahoehoe 3, North Kona, Island of Hawaii.
A motion is made to accept Kana`i's recommendation for Sunday -`Anela Alohalani (Kuhia) Josephides. (Hanoa/McDonald)
Ruby McDonald (McDonald) says that all of the other descendents are cultural. McDonald asks if Sunday Josephides knows the exact location of the burials.
The motion is amended to add contingency on getting confirmation from Kana`i Kapeliela on lineal and/or cultural descendency. (Hanoa/McDonald)
Roger Harris (Harris) says this item should be deferred.
The motion is rescinded.
Markell says an option is to give her cultural descent status today so she can begin to receive case information.
A motion is made to recognize Sunday -`Anela Alohalani (Kuhia) Josephides as a cultural descendent until we get clarification on lineal status. (Hanoa/McDonald)
VOTE: ALL IN FAVOR.
C. PU`ULANI RANCH, PU`UANAHULU, KONA, HAWAI`I (TMK: 7-1-06)
Information/Recommendation: Recognition of Lineal and/or Cultural Descendents.
Markell reads a February 18, 2004 memorandum from Kana`i Kapeliela for the staff recommendation to recognize Sunday-`Anela Alohalani (Kuhia) Josephides and Joy Medeiros as cultural descendents in the matter of protecting unidentified Native Hawaiian ancestral remains found on the lands of Pu`ulani Ranch, Phase II, Pu`uanahulu, North Kona, Island of Hawai`i.
Tape 1, Side B
A motion is made to accept Sunday-`Anela Alohalani (Kuhia) Josephides and Joy Medeiros as cultural descendents for Pu`ulani Ranch, Phase II, Pu`uanahulu. (McDonald/Harris)
VOTE: ALL IN FAVOR.
D. LANIHAU PROPERTIES, LLC, PROPERTY, HONOKOHAU NUI AND HONOKOHAU IKI, NORTH KONA, ISLAND OF HAWAII (TMK: 7-4-08:13 and 7-4-08:30)
Information/Recommendation: Recognition of Lineal and/or Cultural Descendents.
Arthur Mahi (Mahi) says he is a descendent also.
Bell says he should contact Kana`i Kapeliela.
Markell says he will contact Mahi.
Markell reads a February 18, 2004 memorandum from Kana`i Kapeliela for the staff recommendation to recognize the following 58 applicants as cultural descendents for the purpose of protecting ancestral Native Hawaiian remains located on the parcels identified as TMKs: (3) 7-4-008:013 and (3) 7-4-008:030 in the ahupua`a of Honokohau Nui and Honokohau Iki, North Kona District, Island of Hawaii:
1) Marie `Aulani (Cruze) Josephides
2) `Analu Kame`eiamoku Josephides
3) `Elena M. (Josephides) Danao
4) `Aliki Leinani Laura (Josephides) Labrador
5) Frank Cruze, Jr.
6) Veronica Ann (Cruze) Terukina
7) William Hopkins
8) Dottie-Mae Halani (Hopkins) Shirley
9) Kelly Amaral
10) Antoinette (Amaral) Wilson
11) Darryl Terukina
12) Benjamin Terukina, Jr.
13) Reanette (Terukina) Laquesta
14) Ronnette (Terukina) Lankford
15) Evelyn Kekulani Cruze
16) Thomas Ahlo Keli`i
17) Brandy Kanoelehua Enos
18) Nalei Kealoha
19) Sally (Kealoha) Tanigawa
20) Mark Tanigawa
21) Tau`a Pahukoa
22) Mildred (Aiu) Rasmussen
23) Jeff Rasmussen
24) Patrick Kanehiwa
25) Pele Hanoa
26) Keolalani Hanoa
27) Palikapu Dedman
28) Rev. Cecilia Keoho Kuahiwinui
29) Adrian Ho`opai
30) Louis Ho`opai
31) Elizabeth Leimomi Kuahiwinui
32) Marie Ann (Rin) Murphy
33) George Makamaka Ki`ili, III
34) Quentin Kila Ki`ili
35) David Ki`ili
36) Molly-Ann Leimomi (Ki`ili) Cummings
37) Anamalialeialohakapalama Cummings-Ki`ili
38) Quentin Keoki Cummings-Ki`ili
39) Joey Cummings
40) Rebecca Cummings
41) Whitney Oceana Kamailelauli`i Cummings
42) Kauhi Ki`ili
43) Pauline Alohalani Ki`ili
44) Sharlette Analani Kuhia
45) Sunday-`Anela Alohalani (Kuhia) Josephides
46) Sharlan Nohealani Kuhia, Jr.
47) Miriam Wailana Kuhia
48) Clarence Medeiros, Jr.
49) Hannah Reeves
50) Vicky (Kunewa) Medeiros
51) Jesse Kunewa
52) Aileen (Kunewa) Amoy
53) Lillian (Kunewa) Matsumoto
54) Moses Kunewa
55) Dean Kunewa
56) Joannavi (Kunewa) Medieros
57) Mary (Kunewa) Kekai
58) Jesse Kunewa II
Violet Leihulu Mamac (Mamac) says she is a descendent also.
A motion is made to accept the above 58 names as recommended by staff. (McDonald/ Sherlock)
VOTE: ALL IN FAVOR. (Hanoa recused)
E. KOHALA BAY ESTATES, SITES 50-10-05-2401 (Feature B) and 50-10-05-16130 (Features A and B), LAND OF KAHUA 1 AND 2, NORTH KOHALA DISTRICT, ISLAND OF HAWAII (TMK: 5-9-01:7)
Information/Recommendation/Determination: Formal Council Determination to Preserve in Place or Relocate Affected Burials Identified in Burial Treatment Plan.
Paul Rosendahl (Rosendahl) says the inventory survey was done in 1991 and 1992. Testing was done later to confirm burial features. There are 3 burials at 3 features at 2 sites. There was no response to the published advertisements, but 10 known persons from prior projects were contacted. None claimed descendency to the specific burials. They did request that the burials be preserved in place which is what the landowner is also requesting. For short term preservation measures, restoration of burial features is proposed and for long term preservation measures, a 25 foot buffer is proposed for each burial feature. A development subdivision is being considered with smaller lots such as 1 acre instead of 5 acres. The burials will be preserved in place within the individual parcels and the parcel owner will be notified of the preservation requirements of the burial sites. A low wall and/or plantings have been proposed to define the buffers. Suggested signage is in the burial treatment plan. Access by recognized descendents would be granted by mutual agreement for timing between the parcel owner and descendents. The interim preservation measures will be implemented for any grading or construction activities. The long term preservation measures will be implemented at the point of construction.
Charles Young (Young) would like to see the subdivision plans.
Rosendahl says the subdivision plans have not yet been finalized. The whole project area is about 60 acres.
Bell says the development plans should be reviewed by the Council.
Hanoa says there should be a preconstruction buffer.
Rosendahl says the interim preservation measures on page 13 describe a construction fence at 25 feet.
Hanoa says the Council has recommended in the past that permanent buffer zones be at 25 feet and preconstruction buffers be at 75 feet.
Rosendahl says that 25 feet is sufficient, but it is the Department's call.
Bell says the development plans needs to be reviewed by the Council.
Harris says we should vote to preserve in place, but Rosendahl should ask the developer to put in a demarcation buffer within 6 months of the Council's determination. The restoration of burial features should also be completed within 6 months.
Rosendahl says that could be done.
Hanoa says that perpetual access should be for recognized lineal and cultural descendents.
McDonald says her name should be removed from page 12 under potential lineal or cultural descendent claimant because she never claimed to be a descendent of this area.
Rosendahl says that list is of people that were contacted.
Bell says the table needs to be relabeled as a contact list.
Tape 2, Side A
A motion is made that a formal council determination to preserve in place 3 burial features at Kohala Bay Estates, sites 50-10-05-2401 (Feature B) and 50-10-05-16130 (Features A and B), at North Kohala, TMK: 5-9-01:7 and the recommendation is based on landowner agreeing to preservation in place. (Harris/Ray)
VOTE: ALL IN FAVOR.
Rosendahl says he will recommend that the owners return to the burial council for implementation details and to give the Council proposed development plans when they are prepared.
Markell says the Department has 90 days to approve the burial treatment plan.
A motion is made to recommend to the applicant to bring the Council subdivision plans to the Council for further discussion on the proposed burial treatment plan with the land development plan and to accept the recommendation to extend the 90 day notice. (Young/Sherlock)
VOTE: ALL IN FAVOR.
Break for lunch for 45 minutes at 12:22 PM.
F. BURIAL TREATMENT PLAN, PUALANI MAKAI PROJECT, LANDS OF PUAPUA`A 1ST AND 2ND, NORTH KONA DISTRICT, ISLAND OF HAWAII
Information/Recommendation: Informational Presentation Regarding Proposed Burial Treatment Plan by PHRI Archaeology.
Markell says with the new rules, we have 30 days to comment on the burial treatment plans and then when they are complete they will be on the next agenda. For this case, the inventory survey has not yet been accepted.
Rosendahl says the inventory survey was originally done in 1990, but the report was never submitted for review until recently. There are 12 minimum individual burials.
Harris requests that the list of potential descendents be relabeled as "contact list to determine potential descendents."
Young asks about the large lava tube complex and wants to see a subdivision plan.
Hanoa says the preconstruction buffers should be 75 feet.
G. BURIAL TREATMENT PLAN FOR SITE 20447 CONCRETE CRYPT, LOCATED IN KAILUA-KONA, HONUA`ULA AHUPUA`A, NORTH KONA DISTRICT, ISLAND OF HAWAI`I (TMK: 7-5-07:9)
Information/Recommendation/Determination: Formal Council Determination to the Department of Land and Natural Resources Regarding Proposed Burial Treatment. Recognition of Lineal/Cultural Descendents.
James Moore (Moore) of Archaeological Consultants of the Pacific, says this property is just mauka of Uncle Billy's.
McDonald says on page 10, it was her uncle, not her father, that saw the lauhala in the lava tube.
Boon Morrison (Morrison), architect, says the crypt will be preserved and incorporated into a garden area and will not be fenced off.
Bob Saunders (Saunders) says he probed the area, but did not find any lava tube pockets under the surface.
Tape 2, Side B
Moore says there is just one circular shaped blister cave under the crypt which has an 18 foot diameter.
Bell says that Curtis Tyler submitted his cultural descendency documentation to Kana`i for this project.
Saunders says he spoke to Tyler.
Markell requests a site visit by the Burial Sites Program and a deferment to the next meeting.
Saunders clarifies that the decision will be made at the March HIBC meeting.
Young requests the plot plan of the proposed development.
H. PROPOSAL TO AMEND BURIAL TREATMENT FOR BURIAL SITES ALONG THE PROPOSED KAHULUI TO KEAUHOU PARKWAY (ALI`I HIGHWAY), NORTH KONA, ISLAND OF HAWAI`I (TMK: various).
Information/Recommendation: Presentation Regarding Status of Inadvertently Discovered Burial Sites in Roadway Corridor. Discussion of Pending Request for Reconsideration of Prior Council Decision to Preserve in Place a Previously Identified Unmarked Burial Site. Recognition of lineal and/or cultural descendents.
Markell makes a staff recommendation to recognize the following applicants as cultural descendents for the purpose of protecting unidentified ancestral native Hawaiian remains discovered within or adjacent to the road alignment corridor of the proposed Ali`i Highway project (`ahupua`a between and including the land of Kahului 1st in the north to Keauhou in the south):
1) Analu Josephides
2) Sunday-`Anela Josephides
3) Eileen Norman
4) Debbie (Norman) Kini
5) Puahone Kini-Lopes
6) Kamaha`o lopes
7) Nalani Kini
8) Carolyn Norman
9) Justin Keli`ipa`akaua
10) Chase Keli`ipa`akaua
11) Theodore Norman
12) Kaleo Norman
13) Keli`inue Norman
14) Kimberly Suzuki
15) Nicole Gulia-Theone
16) Ashley Suzuki
17) Cara Arcalas
18) Chelsea Abordo
19) Paulette Kaleikini
20) Moani (Kaleikini) Keli`inoi
21) Kalahikiola Keli`inoi
22) Kilinahe Keli`inoi
23) Tuahine Kaleikini
24) Ali`ikaua Kaleikini
25) Kala Kaleikini
26) No`eau Kaleikini
A motion is made to accept staff's recommendation. (Young/McDonald)
VOTE: ALL IN FAVOR.
Markell says the council was involved in the early 1990s. The burial treatment plan came before the council and out of the 21 previously identified burial features, 19 were preserved in place and 2 were relocated. Data recovery work has uncovered 7 inadvertent discoveries to date. One of the original 19 previously identified burials was originally outside of the alignment and was preserved in place, but is actually within the alignment. The County is requesting the Council to revisit their prior decision based on more accurate information.
Bruce McClure (McClure), Director of County Department of Public Works, says the burial was mismapped. A letter was sent to the descendents. There was a meeting in January. Nine people came. There was another meeting the following Saturday and a site visit last Sunday, February 15th. The general consensus is to preserve the burial in place.
Chester Koga (Koga) says the burial is within a lava tube on former Kamehameha Investment Company land. If preserved in place, the burial will be impacted. (inaudible)
Relocation of the burial is requested.
John Ray (Ray) asks what preservation in place would mean to the project.
McClure says the there is nothing that can be constructed from Lako to the south to Keauhou Shopping Center. I don't know if it is possible to build a street from Lako street north. I'm not sure we would drop everything, we may still be able to construct viable portions.
Markell says he doesn't know if the is a reconsideration or a new plan coming before the council.
Rosendahl says we have a situation that the rules and law don't directly address. We have some new information so we are asking that we amend the burial treatment plan.
Bell says we need to gather all the information and put our mana`o together.
Tape 3, Side A
Bell says we are told that if we don't revisit our decision it may stop the project. We are trying to clarify our options.
Young says the mauka route would impact 3 heiau along the proposed roadway. Young asks when they realized that the burial was mismapped.
Alan Haun (Haun) says they suspected something was wrong at the end of June and the project was suspended. Towill resurveyed the area in November and In December, they confirmed the mistake.
McDonald says site 2079 was an identified burial, not inadvertent.
Ray says 2 burials were relocated out of the 21 previously identified burials.
Rosendahl says their request is to relocate Site 2079, Feature B. The County looked for other ways to realign highway after the realization that Site 2079 was mismapped. If it is not relocated, the highway, as it is currently designed, cannot be built.
Mikahala Roy (Roy) says she faxed a letter to State Historic Preservation Division dated February 9th for all burial councils. The letter states that all burials should be previously identified, not inadvertent, all data recovery work should stop immediately, there should be 4 cultural monitors, and all documents be made available to cultural group. Roy wants a response from Holly McEldowney. The Burial Council should not allow the burial to be moved. Roy reads a letter from her sister who is also opposed to the relocation of the burial.
Arthur Mahi (Mahi) says he is against the road and construction.
Leihulu Mamac (Mamac) says the burial should be preserved in place with temporary and permanent buffers. Data recovery is desecration. We need new laws to protect the burials, they should rest in peace not in pieces. All burial areas should become sovereign lands.
Jack Kelly (Kelly) says the road is about bringing traffic to Keauhou and Kamehameha Schools. The burial should be preserved in place.
Tape 3, Side B
Ka`iulani Akamine (Akamine) says she is not a descendent, but the burial should be preserved in place.
Jim Medeiros (Medeiros) says the Council needs to fight hard for the iwi. The inadvertent burials should be previously identified and the burials should remain in place.
Eileen Norman (Norman) says the burial should be preserved in place and there should be no data recovery.
Keola Hanoa (Hanoa) says the road is for buses and the tourism industry, not for the local community.
James Paige (Paige) says he will find out how the Council can revisit its past decision.
Harris says the Council is concerned about the iwi. When this was discussed before, the Council realized that there would be more burials found. This is a very important vote and it will be in the headlines.
Bell says she would like a site visit of the inadvertent burials and Site 2079 before the next meeting in Kona.
I. OKOE BAY, SOUTH KONA
Information/Recommendation: Presentation Regarding Ohana Concerns about Unmarked Burial Sites.
Darryl De Silva (De Silva) says this area is rich in historic sites.
A motion is made to have a site visit to Okoe Bay at the April HIBC meeting (Hanoa/McDonald)
VOTE: ALL IN FAVOR.
J. STATUS OF HAWAII ISLAND BURIAL COUNCIL MEMBERSHIP
Information/Recommendation: Status Update, Discussion and Recommendations Regarding Burial Council Membership.
A motion is made that the Hawaii Island Burial Council write a letter to the governor recommending Charlie Young for reappointment (Hanoa/Sherlock).
VOTE: ALL IN FAVOR.
K. BURIAL COUNCIL CHAIRS PLANNING SESSION
Information/Recommendation: Overview of November 6th and December 11th Meetings of Burial Council Chairs and DLNR/SHPD Staff.
This item is deferred due to time constraints.
IV. CASE UPDATES/INADVERTENT DISCOVERIES
Information/Recommendation: Inadvertent Discovery of Human Remains at: NEHLA Host Park, O`oma, North Kona, Hawaii Island (TMK: (3) 7-3-09:4); Kahalu`u, North Kona, Hawaii Island (TMK: (3) 7-7-10:93); Kuki'o, North Kona, Hawaii Island (TMK: (3) 7-2-4:18); Kekaha State Park, Mahai'ula, North Kona, Hawaii Island (TMK: (3) 7-02-05: ?); Waimea, Kohala, Hawaii Island (TMK: (3) 6-5-09:63 lot #2).
Hanoa says the military Stryker Brigade project is being addressed by the O`ahu Island Burial Council.
V. ANNOUNCEMENTS
VI. ADJOURNMENT
Meeting is adjourned at 3:54 PM.
Respectfully submitted,
Mary Carney
Burials Facilitator
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