DATE: THURSDAY, APRIL 21, 2005
TIME: 9:00 AM
PLACE: KONA OUTDOOR CIRCLE EDUCATIONAL CENTER
76-6280 Kuakini Hwy.
KAILUA-KONA, HI 96740
ATTENDANCE:
HIBC MEMBERS:
Geri Bell (Chair)
Ruby McDonald, Kona (Vice-Chair)
Ron Dela Cruz, Kohala
Roger Harris
Ku Kahakalau, Hamakua
Ulu Sherlock, Hilo
Absent:
Anna Cariaga, Ka'u
Kaleo Kuali'i, Kona
John Ray
Dutchie Saffrey, Puna
Staff:
Keola Lindsey, Burial Sites Program
Vince Kanemoto, Deputy Attorney General
Mary Anne Maigret, Hawai'i Island Assistant Archaeologist
Guests:
Jean Rasor
Tom Dye
Curtis Tyler
Pam Mizuno
Keone Lopaka
Lunakanawai Hauanio
Ke'onipa'a Choy
Bob Rechtman
Kalei Victor
Hannah Reeves
Ron Cawthon
Curt DeWeeseByron Moku
Alan Hau
I. Opening Remarks
Begin Tape 1 Side A
HIBC Chair Geri Bell (Bell) calls the meeting to order at
930a.
Ku Kahakalau (Kahakalau) offers a pule.
II. Approval of March 17, 2005 HIBC Meeting Minutes
page 2- under Opening Remarks the parcel being referred to
down by Sarona Road and Kuakini Highway is TMK (3)
7-5-7:28.
page 18- (Thomas) Hanuna is misspelled
Page 22, third paragraph- it is unclear if the Family name
being referred to is Pihana or Pihaina.
A motion is made to approve the March 17, 2005 HIBC Meeting
Minutes as amended
(Sherlock/Kahakalau)
Vote: All in Favor
III. BUSINESS
A. BURIAL TREATMENT PLAN FOR SITE 2009- HAUKALUA HEIAU,
LOCATED IN LA'ALOA BEACH PARK, LA'ALOA AHUPUA'A, NORTH KONA
DISTRICT, HAWAI'I ISLAND [TMK (3) 7-7-10:36]
Information/Determination/Recommendation: Presentation by
Rechtman Consulting. Council determination to preserve in place
or relocate previously identified burials. Council
recommendations to the Department on the short and long term
preservation measures detailed in the burial treatment plan.
Recognition of Descendants.
Keola Lindsey (Lindsey) says the Department is aware this
agenda item has a long history, and a lot of people have been
involved. On the issue of cultural descendants, and cultural or
community groups- if the HIBC makes a determination today, the
Department will keep trying to move forward working with all
interested parties- there is still a lot of work to be done,
and the Department is not going to take one group or person's
ideas and force them onto the others. The Department looks at a
determination by the HIBC today as one small step forward in a
long process.
Ron Cawthon (Cawthon) says he represents the La'aloa 'Ohana,
and they have several concerns regarding the proposed burial
treatment plan at La'aloa. The plan indicates that the County
had a blanket approval to put in the parking lot. In fact, the
SHPD approval was conditional- the County was supposed to
implement the recommendations made in Kepa Maly's report. The
County has shown a pattern of twisting the truth, and
committing fraud in the process. As of the date of this
meeting, 98% of Kepa Maly's recommendations have not been
implemented.
During development of the parking lot, no protective
measures were in place for the Heiau and other historic sites.
Cawthon says he has pictures showing no protective fencing in
place for any phase of the parking lot construction. Cawthon
wants to know why SHPD has not taken any actions against the
County- why are they above the law?.
Only one kupuna has made statements relative to the
modifications on Haukalua Heiau. It has taken the County 12
years to find one family that wants to destroy the religious
features on the Heiau. If the County removes the lele, and
destroys the religious features associated with the Heiau, it
would greatly benefit them. They would not have to deal with
the sites, and the Hawaiians that come with them.
The County has proposed restoring the Heiau to a condition
the kupuna remember prior to the recent modifications. Cawthon
wants to know how government can dictate religious practice?-
the answer is simple- no can- it would be a violation of the
constitution. The County has twisted the truth in their own
evil scheme to destroy the Hawaiian people and culture. Neither
the County nor their hired gun provided the La'aloa 'Ohana with
a copy of this plan. It has been over a year since the mayor
promised to remove the portion of the parking lot encroaching
on the heiau, and nothing has been done.
Cawthon demands the HIBC reject the plan- the County will
use the HIBC's approval to finalize the rape of this most
scared place. As a direct result of the County's illegal
development at La'aloa, beer bottles and trash are thrown on
the heiau and historic sites on a daily basis.
Cawthon apologizes if he sounds bitter, because he is.
Cawthon is bitter that public servants are paid to do a job,
and do not follow the law. Cawthon is bitter that public
servants did not give the 'Ohana a copy of the plan. Cawthon is
bitter that La'aloa is the epicenter of the current ice
epidemic because the servants chased the kupuna and Hawaiians
away with guns. Cawthon is bitter that the public servants are
out of control.
Lunakanawai Hauanio (Hauanio) thanks Lindsey for giving him
a copy of the burial treatment plan.
Lindsey says he is welcome, and it was with the County's
permission that the plan was given to him.
Hauanio says he wants to emphasize the amount of people that
are involved with this site- they have all been a part of
sharing the diverse concerns regarding the site. In recent
times there have been communications that went back and forth
regarding the sites. The map he has shows three sites- he
mentioned that last meeting. The plan addresses only one site.
Hauanio would like to have the HIBC consider the other sites be
identified in the plan, and those sites be preserved in
place.
They met with Pam Mizuno and Jim (?) and went down to the
site. The West Hawai'i Today covered a story on that day. It
was Hauanio's understanding at the time that these issues were
going to be resolved so we can move forward. Hauanio thought
they had an agreement in June 2004. He has a copy of the lease
that he submitted.
Bell asks Hauanio the lease is between who?.
Hauanio says the lease is between the La'aloa 'Ohana and the
County Department of Parks and Recreation.
Bell asks Hauanio is it a draft?.
Hauanio says yes. They wanted to discuss the language that
was going to be proposed, and everyone agreed with the language
to date. He is not sure if it is final, because it was broken
up in different communications via email. With all of these
communications prior to the development of the final plan that
is before the HIBC today, Hauanio is not sure. There were
representations from the Opunui 'Ohana and they are not here
today. Hauanio is concerned about that. Hauanio is concerned
about any 'ohana that is concerned about their kupuna iwi- and
they are not here. Hauanio wants the HIBC to take that into
consideration.
Hauanio says he is in support of the County's efforts to
approve a burial treatment plan yesterday, it is just this plan
is incomplete. Until it is complete-
Bell asks Hauanio what makes the plan incomplete?.
Hauanio says page 8 does not identify on the wall where the
iwi are. The plan does not identify the mauka portion of the
parking lot where the arrow is- that is interesting.
Kahakalau asks Hauanio the resolution he passed out has not
been approved, but that is what the 'Ohana submitted?.
Hauanio says that is the communication that was going out.
He just wanted to say he does not know why these other things
have not been taken into consideration.
Roger Harris (Harris) asks what the status of the master
plan?.
Hauanio says the master plan had identified several concerns
the 'Ohana had expressed that the County agreed. One of them
was to modify the parking lot, and hopefully they put back the
wall and the iwi- that would be maika'i.
Kahakalau says the proposed buffers are 50 feet in all
directions, and the plan refers to figure 3. Figure 3 does not
show the proposed buffer.
Bob Rechtman says there is a figure missing in the plan. At
the last meeting there was a request to see the overall Park.
Figure 8 in the plan only shows the burial site. There are
other sites in the Park- a ku'ula, wall, punawai, papamu, poho-
baitcups in some places, and other platforms, and through oral
testimony- a canoe landing.
Rechtman has prepared a map showing the overall Park and the
sites (shows map to HIBC).
Kahakalau asks Rechtman where are the iwi in the Heiau?.
Rechtman says according to the information in the reports,
they are in an area around here (points to map).
Harris says the shaded area around the Heiau on the map is
the proposed buffer- a restricted area- what happens in the
area that is not shaded?.
Rechtman says he is not sure what the plan is relative to
the overall Park improvements. There will be trail and signage
relative to historic preservation requirements.
Harris asks the makai side of the Heiau is fairly
inaccessible?- rocky coastline?.
Rechtman says it is flat coastline, and the County would
probably get in trouble if they told people not to walk along
the shoreline. The 50 foot buffer extends to a point where
people can still walk around.
Bell asks a portion of the parking lot will be removed?.
Pam Mizuno (Mizuno) says yes, the portion indicated on the
map.
Kahakalau asks what happens where the parking lot is to be
removed?.
Mizuno says the pavement will stay, but the existing rock
wall will be relocated to block off that potion of the parking
lot.
Ron Dela Cruz (Dela Cruz) asks that portion of the parking
lot will be left alone?.
Mizuno says except for foot traffic. It would be blocked to
vehicular access. Hopefully this area will be used for
something in the future that won't impact the sites.
Rechtman says some of the earlier conversations discussed
using this area as the cultural center. If people want to
develop this area into a cultural center, Rechtman thinks the
County may be ok with that. He is just trying to explain what
is going on here. There is no deceptive manipulation going on
in any of this. He did not seek out anybody- they put ads in
the paper, and people responded. Rechtman ask them what they
wanted to see, and they told him, and that is what has been
reported. There have been years of consultations prior to his
involvement, and years of consultations with his involvement.
It is at face value.
Mizuno says they will be working with the SHPD in terms of
coming up with a preservation plan for the rest of the
park.
Rechtman says the earlier preservation plan submitted by
Kepa to the SHPD was sent back to have some minor alterations
made. One alteration was inclusion of a burial treatment plan.
Prior to resubmitting the plan, the SHPD said to get the burial
treatment plan done first.
Kahakalau says she strongly feels the relocation of the lele
should not be a part of this proposed burial treatment plan,
because it should not be the prerogative of the County to tell
Hawaiian practitioners where we can practice, and how we can
practice. Kahakalau is not sure how to deal with this.
Bell says it can be dealt with when the HIBC makes
recommendations to the Department.
Kahakalau wants to clarify that the Opunui 'Ohana are the
only recognized descendants.
Rechtman says the Opunui 'Ohana have not submitted their
paperwork, so they have not been officially recognized.
Kahakalau says that is a problem because the plan calls for
archaeological monitors working with recognized descendants or
descendant approved community groups. The terminology she is
hearing is exclusive- she would rather it be opened up to use
inclusive terminology.
Rechtman says the reason that language was used was to keep
consistent with the HIBC rules that give a lot of rights to
descendants.
Bell says the difference here is that this is a County park,
open to all residents.
Kahakalau says it is a heiau- if it is a private burial site
that is a totally different story. There are no lineal
descendants- this could be anyone's family.
Curtis Tyler (Tyler) says he has not seen or read the burial
treatment plan. He has some substantial dealings with La'aloa
for over 10 years including some with Uncle Leon when he was
alive. Tyler says his lineal connections are to the adjacent
ahupua'a of Pahoehoe.
End Tape 1 Side A
Begin Tape 1 Side B
It is his understanding that the proposed buffer is 50 feet
in all directions from the Heiau. The map Tyler saw looked like
there was less than 50 feet on the north side, but he spoke
with Pam Mizuno, and she confirmed the portion of the parking
lot within the proposed buffer area will be removed. In the
past, a 100 foot buffer has been approved around other heiau
because of traditional customary practices related to heiau. In
this case, because of the size of the property, 50 feet is very
generous. Tyler was surprised to hear this morning that there
have been no descendants formally recognized. There should be
people connected to that land- after Tyler heard that, he
thought maybe he should submit a claim to that land- he has
connections to the adjacent ahupua'a on both sides of
La'aloa.
The old trail goes directly through this area- Tyler spoke
with Pam Mizuno about this. Part of the parking lot- the
ingress- is right on top of this trail. If you look on the
maps, you will see where it keeps going south. It is very
important that if the area outside of the wall (that separates
the parking lot and Heiau area) is going to be preserved and
protected for cultural use, there needs to be some kind of
pedestrian access area. That way if you are coming from the
Pahoehoe Ahupua'a (north) side heading south, you can walk on
the trail- that is the original trail over there.
Preserving these iwi in place is the pono thing to do.
Hauanio refers to the map that Rechtman showed earlier, and
Valerie Luhiau's January 19, 2005 letter. Haunaio says Luhiau's
concerns were that the location of the lele causes people to
walk on top of the burials. According to the location of the
burial shown by Rechtman, Hauanio feels it is very unlikely the
iwi will be walked on.
Hauanio would like the HIBC to consider the PASH decision.
If the County keeps treating this property like it is private,
they should be denied.
Cawthon says promises are cheap. The County has made a lot
of promises over the last 12 years, and they have never
delivered once. The County is promising the HIBC that they will
remove the parking lot, and put the buffers in. Cawthon thinks
it would be more fitting to have a formal written agreement,
because after the determination is made, what can the HIBC do
if the County does not do what they are supposed to do?.
Hannah Reeves (Reeves) says she is one of the living
descendants of the area. She was there when they made the
parking lot and the wall. She did notify them that they were
not supposed to come close to the Heiau. Reeves still lives in
the area, and has her whole life. This is a very important
area, and it is time to protect old Hawai'i.
The recently constructed wall should come down. Reeves told
them they should not have built the wall in the first place,
but they did not listen to her. Now, the County is going to
have to spend money to take the wall down. She is not sure how
close they are going to get to the Heiau- Reeves is not sure,
but there might be caves- there is a lot of bones, and they
cannot disturb them. Reeves wants to be there when they start
work. She agrees with the wall coming down.
Someone needs to be there to watch over the place. Reeves
wants to bring her family there to help beautify the area.
Reeves feels in her heart that now is the time for the people
to rise up and protect all of the cultural places. It is time
government supports the Hawaiians- we cannot be held back any
more. Reeves hopes her family- the Kane Family, the Kunewa
Family- they are still around today- will be a part of it. The
family will take the position to come there and volunteer and
clean up and take care of the Heiau. Reeves is not saying they
will be there 24 hours a day- but will do anything to protect
old Hawai'i.
Jean Rasor (Rasor) says he does not like the iwi moved or
disturbed. Now we are talking about a heiau in La'aloa. What
does La'aloa mean?- very sacred. The Heiau was placed there for
a reason- any change disturbs the mana. The recently
constructed wall is intrusive- it takes away from the
surrounding area, the view plane- everything- you may as well
bulldoze half the heiau. Physically you are not doing anything
to the heiau, but spiritually you are.
A motion is made to preserve in place the known burial in
Site 2009- Haukalua Heiau.
(Harris/McDonald)
Vote: All in Favor
Bell says now the HIBC will make recommendations to the DLNR
regarding the burial treatment plan.
Tyler says there has been a considerable amount of testimony
for years regarding the existence of additional burials. Any
additional burials found during work implementing protective
measures for the Heiau should be treated as previously known.
It sounds like some people don't want any wall separating the
preserve area from the parking lot- there needs to be a
pathway, and Tyler wanted to make sure the alanui there is
protected.
Ruby McDonald (McDonald) says she is very disappointed with
the Department for not identifying any cultural or lineal
descendants. McDonald says she submitted her paperwork two
years ago when the notices first came out, and she is sure
other people did to.
Bell asks Lindsey if the issue is that nobody came forward
or that there is paperwork within the Department that has not
been reviewed?. Bell understands that Lindsey is not the one
that reviews genealogy, but this is an important issue because
descendants will always have the opportunity to be
recognized.
Lindsey agrees that it is important because there is still
the larger preservation plan for the park, which will need to
have descendant input.
McDonald says there was another person who came to her
office, and McDonald helped her fax her genealogy to the
Department- this was about six months ago.
Kahakalau says she has several recommendations. The
Department should expedite it's review of descendant claims.
Cultural practitioners and community groups should have a role
throughout the process. Relocation of the lele should not occur
without approval by everyone involved. The proposed signage is
written in the past tense and diminishes the importance of the
area- the signage should be modified to reflect the ongoing
importance of the area. The landscaping should be low- this is
a heiau, and we need a view plane. Any additional findings of
iwi should be treated as previously known. Access to the alanui
should be preserved.
McDonald asks which alanui we are talking about?.
Kahakalau says the one Tyler mentioned. It should be
preserved.
McDonald asks Rechtman about the proposed signage- are the
two names used for the Heiau going to be used?- Haukalua and
Haukaloa.
Rechtman says Haukalua will be used.
Kahakalau says the signage only refers to the past. She
feels it would be appropriate to have a sentence or two about
the present use.
McDonald says people should have an idea of what was there,
but the present day should also be incorporated.
Dela Cruz says the more he thinks about it, the more he
feels the signage needs to be worked on.
Kahakalau says access to the site should not be limited to
lineal and cultural descendants who have been formally
recognized. Access should be permitted to any cultural
practitioner.
Harris says he hopes everyone can agree to start looking
toward the future. He was at the Park this morning, and there
is a lot of work to do. It seems that there is a lot of
interest from community groups, and Hawaiian groups. There
should be some creative thinking about what happens to the
portion of the parking lot that will be removed. There are ways
that this could work out for everybody- but there is a danger
for negative fallout from this- it is a public park. We should
be sensitive, and try and preserve as much parking as possible.
The main thing is to get someone back out there to malama the
place.
McDonald says she is concerned- the HIBC makes decisions on
the burial site- not cultural practices. It is unclear if the
HIBC can allow access to the burial site for cultural
practitioners as well as the lineal and cultural
descendants.
Lindsey says the HIBC as a body can make any recommendation
to the Department.
Dela Cruz says it is an issue of lineal and cultural
descendants versus cultural practitioners. If an American
Indian came by and wanted to honor the site because it is a
public park would that be considered an allowable treatment of
the site?, or are we really talking about cultural
practitioners within the realm of who we are as Hawaiians.
Kahakalau says if he is a true practitioner, the American
Indian is not going to go there without the Hawaiian. The idea
is to expand access from just recognized descendants to any
native practitioner.
McDonald says this will set a precedent for other burial
sites.
Bell says the HIBC is stuck because this is a burial site
that is also a heiau, and it is on public property. The signage
and wording will be the key- there are still going to be people
that climb on the heiau.
Bell asks Mizuno when the park is open?.
Mizuno says the Park is supposed to be closed from 11 pm to
6 am, but there is no physical barrier.
Bell says she has a problem with page 10 of the plan which
says the County will develop a formal access agreement. That
just covers lineal and cultural descendants. Cultural
practitioners practice 24 hours a day. Sometimes they need
access in the middle of the night.
A motion is made to make the following recommendations to
the Department:
- In addition to recognized descendants and descendant
approved community groups, cultural practitioners and other
community groups with an interest in La'aloa Beach Park should
assist a qualified archaeologist in supervising and/or
monitoring all work.
- Relocation of anything from the Heiau should not occur
unless there is approval from the recognized descendants,
cultural practitioners, and community groups with an interest
in La'aloa Beach Park.
- Signage should be revised to not diminish the importance
of the area. The proposed signage is written in the past tense-
it should be brought into the present. Any signage should be
approved by the recognized descendants, cultural practitioners,
and community groups with an interest in La'aloa Beach
Park.
- Landscaping around the site should be as low as possible,
and approved by the recognized descendants, cultural
practitioners, and community groups with an interest in La'aloa
Beach Park.
- All findings of iwi shall be treated as previously
known
- Access to the alanui should be preserved.
- Access to the burial site for cultural activities will be
permitted to any recognized descendants and native cultural
practitioners. Access should not be limited to a certain time-
especially for cultural practitioner.
- The Department should expedite it's review of pending
descendant claims.
(Kahakalau/Sherlock)
Vote: All in Favor
Bell says the draft overall preservation plan should be
brought back to the HIBC for review. Curtis Tyler has also
offered to kokua on this issue in the past- he is respected by
both sides, and he should be a part of trying to keep this
issue moving forward.
Tyler says his offer still stands.
Mary Anne Maigret says there will be an opportunity for the
public to comment on the overall preservation plan for the park
when it is submitted to the Department.
End Tape 1 Side B
Begin Tape 2 Side A
Ron Cawthon says he wants to make it clear that people will
be arrested if they are in the Park after 11 pm.
Bell says there is a difference between practicing religion
and culture and being kolohe.
B. BURIAL TREATMENT PLAN FOR SITES LOCATED ON A PROPERTY IN
KAIHOLENA AHUPUA'A, NORTH KOHALA DISTRICT, HAWAI;I ISLAND
[TMK (3) 5-8-001:11]
Information/Determination/Recommendation: Presentation by
Tom Dye & Colleagues. Council Determination to preserve in
place or relocate previously identified burials found during an
archaeological inventory survey. Council recommendations to the
Department on the short and long term preservation measures
detailed in the burial treatment plan. Recognition of
Descendants.
Lindsey says there is a member of the HIBC that needs to be
excused from this matter, and if that happens the HIBC will
loose quorum. The statutory 45 day time frame for the HIBC to
make a determination will expire. Tom Dye is here today. Dye
has submitted a revised burial treatment plan that incorporates
all of the recommendations the HIBC made last month.
Bell says there was a cover letter with the revised plan
that lists the changes to the burial treatment plan.
Lindsey says Dye will inform his client of the situation,
and his client will review his options. The Department has
requested an extension of the time period- hopefully we can
come back in May to have the HIBC make a determination.
Dye says he is in a position now where he needs to make a
recommendation to his client on what he should do with respect
to this plan. Any advice the HIBC can give him will be
appreciated. Dye's sense is that last month, everyone was in
agreement with the substance of the plan, and had some
clarifications they wanted made- they took that to heart and
made those changes. Dye feels it is a good plan. His client has
some time pressures, because he is selling portions of the
land. His client has been pushing him quite a bit.
Bell says we did take the time last meeting to go over the
HIBC's concerns. It would be nice if the landowner does extend
the time period so the HIBC can make a formal determination and
recommendation on the plan. Unfortunately, we will loose
quorum.
Lindsey says the descendants did get the revised plan.
C. BURIAL TREATMENT PLAN FOR SITE 6332 FEATURE B, AND SITE
23915
KAHULUI 2ND AHUPUA'A, NORTH KONA DISTRICT, HAWAI'I
ISLAND
[TMK (3) 7-5-19:01]
Information/Determination/Recommendation: Presentation by
Alan Haun & Associates. Council Determination to Preserve
in Place or Relocate Previously Identified Burials. Council
Recommendations to the Department on the short and long term
Preservation Measures detailed in the burial treatment plan.
Recognition of Descendants.
Lindsey says this is the first time this item is on the HIBC
agenda, so the 45 day clock starts today. The Department does
have record of recognized descendants in Kahului Ahupua'a- some
were involved with the Kona Hawaiian Village project which is
nearby- Hannah Reeves, Curtis Tyler, and some of the HIBC
members are the recognized descendants. The plan has gone out
to everyone who responded.
Alan Haun (Haun) says he prepared the burial treatment plan.
The property is situated between Ali'i Drive and the Kuakini
Wall, and borders the east and west sides of the Kona Sea Ridge
development. The burials were identified during an inventory
survey conducted by Haun and Associates. Both features are
stone platforms. Newspaper notices were published during
preparation of the plan- at least four individuals responded,
and copies of the plan circulated to them.
The proposal is to preserve in place. Long term preservation
would be achieved through establishment of a 20 foot permanent
buffer around each site on all sides. With the exception of
appropriate cultural activities and periodic maintenance, no
land modifications or other activities would be permitted
within the buffer. The surface area within the buffer will be
left in it's natural state. The buffer boundaries would be
delineated by a low stone wall.
During construction, a temporary buffer of 50 feet will be
established around the site until the permanent buffer is
erected. Responsibility for security and maintenance of the
site will be with the landowner. Long term in place
preservation will established through a restrictive covenant
that will be incorporated into the property deed. Access to the
burial site will be permitted to any descendant formally
recognized by the HIBC.
There are other non-burial sites in the vicinity that are
slated for preservation- an example is Site 6332 Feature A.
McDonald asks Haun what the significance of that site
is.
Haun says it is a very large enclosure- probably a high
status residence, or maybe even a men's house.
Dela Cruz says he is concerned because it appears from the
map on page 3 of the plan that the proposed Ali'i Highway
Corridor goes through the project area, and the map shows sites
in the corridor.
Haun says those are habitation sites, and that really has to
do with the mitigation for the highway project. In the survey
for that highway, all of the sites are individually assessed
for significance.
Dela Cruz asks Haun if there are any restrictions on the
development because of the proposed corridor.
Haun says Curt DeWeese, the landowner representative is
here.
Curt DeWeese (DeWeese) says they have to dedicate the
proposed corridor to the County as part of their zoning- they
have no involvement in that (the corridor) portion of land.
Dela Cruz asks about the Kona Sea Ridge development-
DeWeese says that is an existing project.
Kahakalau says she is not clear on where and what is going
to be built. The map on page 3 of the plan shows a lot of
features other than the preservation sites.
Haun says those are all agricultural features.
Kahakalau says those are all going to be eliminated then,
right?.
Haun says there are three plans currently under review- the
burial treatment plan, the preservation plan for certain
non-burial sites, and a data recovery plan which addresses all
of the other sites, except for those identified on the map (on
page 3) by letter. The letter features for the most part are
outcrops or low piles of stone.
Bell asks DeWeese what the plan is for the property?.
DeWeese says they don't have a definitive plan yet. The
upper property is zoned for low density, multi-family RM-7,
which equates to six units per acre which means a single family
project. The lower side, like most properties close to Ali'i
Drive is zoned for higher density use RM-4 which is 10 units
per acre which is more like a apartment condominium
project.
Kahakalau says if the HIBC does not know what is going to be
done, it is hard to know how the buffers in particular, are
going to fit. Is the house going to be built right at the 20
foot buffer?, how do the sites fit into the development plan?.
That has been one of the ongoing questions- when developers
come to the HIBC, and there is no plan, it makes it really
difficult. Later people will ask HIBC members how they could
have allowed this or that to happen, and the HIBC response will
be, well we never saw the plan.
Lindsey says in general, Developers usually try and get
through the SHPD review process before starting plans for the
actual layout of the development- that way if unexpected things
come up- i.e. inadvertent discoveries, the developer still has
some flexibility. If plans are on file with the County, etc.
and things come up, it is a lot harder to make changes- that is
just a general reason why sometimes there are no development
plans at this stage. There are arguments on both sides why
there should or should not be development plans.
Dela Cruz says when there is no development plans, sometimes
that is how problems start- an architect draws this on paper.
The other problem is that the Ali'i Highway splits the
property.
DeWeese says they have access from the Kuakini Highway
above, and access from Ali'i Highway down below.
Dela Cruz asks access from above will be through Site 6302-
the Kuakini Wall?.
Deweese says there are several previously existing breeches
in the wall.
McDonald asks DeWeese if they own the entire L-shaped parcel
depicted on the map?.
DeWeese says they do, and are in the process of dedicating
the portion identified on the map as the Ali'i Highway Corridor
to Hawai'i County.
Ulu Sherlock (Sherlock) asks how far Site 6332B is from the
proposed Ali'i Highway Corridor?.
Haun says approximately 50-60 feet.
Bell says it looks like on the map, there is a road near
Site 23915- if that road is going to stay, Bell is concerned
because it is really close to that site- maybe closer than 20
feet. Without the development plans, it is difficult to imagine
what is going to be built on the property, and how it will
affect the burials.
DeWeese says three years ago, when they bought the property,
there were a lot of homeless people squatting on the property.
The police came in and ran them out. The road was already there
then, and was used by four wheel drive vehicles. There are
existing sewer lines that run up the adjacent property on the
north all the way up to Kuakini Highway.
Curtis Tyler (Tyler) says he is already a recognized
descendant of Kahului 1 and 2 and in Puapua'a 1 and 2. In
Kahului 1st he was recognized as a lineal descendant for sites
at Kona Hawaiian Village. In Kahului 2nd he was recognized for
a site on the boundary between Ali'i Park Place and Kona Sea
Ridge. Haun did send him a copy of the burial treatment plan,
and archaeological inventory survey.
There was a big landing at Kahului- you may have seen
pictures of the boats anchored off shore.. The Makuakane Family
lived on a kuleana lot that became part of the Kona Hawaiian
Village.
The mauka boundary of this project is the Pa Kuakini. There
are six breeches in the Pa Kuakini. A number of those breeches
occurred when there were large fires in there. Tyler thinks
some of the push piles identified on the map are a result of
those fires.
The 20 foot buffers are fairly appropriate given the size of
the property. Tyler is glad to hear that the proposal is to
preserve in place, and strongly urges the HIBC to concur. There
is also a proposal to builds a dry stacked appearance rock wall
with reinforcement. Tyler suggests collecting the stones before
the bulldozer gets in there and marks them up. Tyler would
recommend putting the permanent buffer up as soon as possible.
The wall should have an access gate for descendants- made of
ohi'a perhaps. There should also be an additional 10 foot no
build set back from the 20 foot buffer.
On an adjacent property to the north there is a very
significant heiau right below the Pa Kuakini. There is also a
burial feature in the Pa Kuakini in that area. If you went to
the heiau, it looks down over this entire area, so you can see
why they built it there.
Tyler says Aunty Luciana Makuakane-Tripp and her brother
told him on separate occasions about a large cave- a burial
cave that their father had pointed out to them.
Makuakane-Tripp's son, Tyler thinks his name is Richard- told
Tyler that he had went up there with his uncle. They had wanted
to show Tyler the cave, but Tyler told them no. They had
pointed in the direction. Tyler's recollection is that it is in
this area. Tyler has spoken to Haun about this on at least two
occasions- maybe more- about if Haun had found any caves. This
cave was large enough that you could go down inside- it was
quite large. Haun has told Tyler that no caves have been found.
All Tyler knows is that this cave was significant enough for
the Makuakane Family to all remember it. It may be on this
property, it may be on the Kona Hawaiian Village.
Tyler agrees that there should be a conceptual development
plan- at least something to look at. The reason this is
important is that there are plans to connect the existing
development mauka of the Pa Kuakini and the proposed
development makai of the Pa Kuakini. This will provide another
mauka-makai connector road. Between Kahului and Holualoa 1st,
people can't get out- when the tsunami comes it will inundate
these areas.
If the SHPD concurs, Tyler recommends reconstructing the
breeched portions of the Pa Kuakini, and leave only two
openings. This then preserves the integrity of the wall. Tyler
realizes that this does not pertain directly to the burials,
but he is trying to give the Council and overview of the
cultural landscape of the area.
If they do find this cave, and there are a significant
amount of burials, they should be determined to be previously
identified.
McDonald says page 4 of the plan mentions two caves- is that
what Tyler is talking about?.
Tyler says he better ask Haun about those.
Haun says those are very small caves- more like blisters,
definitely not big lava tubes. It sounds like the cave Tyler is
talking about is substantial.
Tyler says it is a big cave, a bunch of the family went down
into it.
Haun says these blisters were fully mapped and documented,
they do not extend farther.
McDonald says she has heard the same story Tyler is telling,
but has never been to the cave.
Hannah Reeves (Reeves) says she is for old Hawai'i.
Everything should be moved away from the burials. Reeves does
not want to see any of the sites damaged. We need to see the
sites with our own eyes before we make a decision. This is a
very sacred area. We need to know we did the right thing.
Kahakalau says that Lindsey had mentioned there were
cultural descendants to Kahului, but did not say what they
thought about the proposal- Kahakalau asks Lindsey if any of
the descendants got back to him?.
Lindsey says Tyler and Reeves were two of the descendants,
and are here today. There were one or two others who responded,
and were sent the plan, but Lindsey has not heard anything back
from them.
IV. CASE UPDATES
SITE 5608 FEATURE U- 'AUHAUKEA'E 1ST AHUPUA'A, NORTH KONA
DISTRICT, HAWAI'I ISLAND [TMK (3) 7-5-09:54 POR.]
Update on the implementation of short and long term
preservation measures to protect the site as recommended at the
March 2005 Hawai'i Island Burial Council Meeting. Discussion of
correspondence sent from the Department to the landowner's
representative reflecting the Council's determination and
recommendations.
Lindsey says a copy of the 'Auhaukea'e correspondence made
it into the HIBC's packet this month. Lindsey's understanding
is that the landowner is trying to coordinate with the proper
authorities to get the people living on his property out- but
it has not happened yet.
McDonald asks Lindsey why was there such a big rush last
month then?.
Lindsey says from what he understands it is not that easy of
a process to get those people off the property.
Dela Cruz asks what the problem is.
Lindsey says this is one of the last undeveloped parcels
near the heart of Kailua town, and there are people living in
the immediate vicinity of this site. One of the recommendations
the HIBC made last month was to implement immediate protective
measures around the site. Bob Rechtman's crew is still
monitoring the site on a fairly regular basis.
End Tape 2 Side B
Begin Tape 3 Side A
Kahakalau says it seems that it is kind of ridiculous that
we are protecting these small sites in the development area,
but there are major sites on the lower portion of the property,
outside of the development that have absolutely no over sight.
We need to do whatever we can to protect those other sites-
Kahakalau wants to make sure the SHPD is on it and working with
the landowner.
McDonald asks if there has been a survey of the area?.
Maigret says there was an earlier survey by Paul Rosendahl
which generated maps and feature descriptions- the issue is if
it is up to current standards. We know where the major feature
complexes are and have tentative feature descriptions.
Tyler says he was at the recent Hawai'i County Council
meeting. A draft of this project's proposed ordinance has been
generated in part as a result of comments made by Tyler, and
the HIBC among others. The applicant is being required to
identify a community group that will take care of that lower
portion of the property that will be preserved- it is
approximately 2.89 acres. Once a group is identified the
preserved area will be leased to them for one dollar.
Tyler understands Kahakalau's concerns about protecting the
makai portion of the property while the formal details are
being worked out. Tyler has spoken to the landowner about this
issue, and will speak with him again.
The HIBC and other Councils have made recommendations that
landowners have accepted- the goal is to protect sites. The
sites may be protected from the bulldozers, but there is nobody
there to protect the sites. A recent example is at Keolanahihi,
where certain members of the community said we aren't going to
wait for this to happen anymore, and they just went in and did
it. On private property it is a different story- we don't want
the police coming in, and arresting people, and people going to
jail. That is why people need to step up to the plate and
figure out how we are going to do this.
Maigret thanks Tyler for taking the concerns expressed at
these meetings to the County Council.
V. ANNOUNCEMENTS
Bell says the Department was sent a letter from Hawai'i
Volcanoes National Park (HAVO) in regards to the items they
have in their collections which fall under the NAGPRA process.
This all relates back to the Forbes Cave. Part of the
collection- 5 items were a gift to the Park by the daughter of
Mr. Forbes. A letter was sent to the Department asking whether
or not the HIBC was a claimant in the process, and there are
several questions one being why these items fall under NAGPRA,
and what category the items fit into, and qualifications of the
HIBC as a Native Hawaiian Organization.
The letter was dated March 2, 2005, and it came to her
attention in casual conversation with the superintendent of
HAVO. There is a reply due by May 1st. Bell had asked Lindsey
if he knew if the Department had responded on behalf of the
HIBC- Lindsey does not think so. Bell is willing to draft a
response, and forward it to the SHPD, so we meet the
deadline.
The HIBC has entered the NAGPRA process as a claimant for
those items that are at the Bishop Museum, and also reaffirmed
via a motion back in 1999 that the HIBC had an interest in the
items at HAVO.
HAVO is going out to Native Hawaiian Organizations that were
claimants to the Forbes Cave items.
A motion is made to draft a letter to reaffirm the Hawai'i
Island Burial Council's status as a claimant in the Hawai'i
Volcanoes Nation Park's Forbes Cave items.
(McDonald/Kahakalau)
Vote: All in Favor
Sherlock asks about the workshop for HIBC's members that was
proposed at the last meeting in regards to reviewing the
applicable laws related the HIBC.
Lindsey says he has been assured that a workshop is in the
works.
VI. ADJOURNMENT
The meeting is adjourned at 325 p
Return
to Island Burial Council document directory