HAWAI`I ISLAND BURIAL COUNCIL MEETING
DATE: THURSDAY, JUNE 19, 2003
TIME: 2:30 PM - 6:00 PM
PLACE: YANO MEMORIAL HALL
82-6156 MAMALAHOA HWY.
CAPT. COOK, HI 96704
Kamana`o Mills, Historic Preservation Specialist
Mary Carney Perzinski, Historic Preservation Specialist
James Paige, Deputy Attorney General
Mary Anne Maigret, Historic Preservation Specialist
Jeanne Knapp, Historic Preservation Specialist
Tim Lui Kwan
Jim Medeiros, Sr.
Clarence Medeiros, Jr.
John De Fries
Charles Young (excused)
Eli Nahulu (unexcused)
I. OPENING REMARKS
Chairperson Geri Bell (Bell) calls meeting to order at 2:40 PM. A pule is offered by kahu Kaina.
Kamana`o Mills (Mills) requests the Council to allow Lily Kong to speak.
Lily Kong (Kong) reads a letter dated June 19, 2003 to the Council in regards to the meeting minutes of October 17, 2002. Kong insists that the comments made by Jimmy Medeiros be corrected or deleted in the portion of the minutes dealing with Ka Ohana O Na Kupuna O Kona. Kong says she is the founder of Ka Ohana O Na Kupuna O Kona. She is the po`o and writes all of the letters. Ka Ohana O Na Kupuna is not paid by Hokuli`a and never has been. Kong requests letters of apology to Ka Ohana O Na Kupuna O Kona, Hokulia, Coline Aiu and Casey Ballao.
Bell says that instead of correcting the minutes that have already been approved, Kong's comments will be included in the June meeting minutes.
II. APPROVAL OF APRIL 17, 2003 MEETING MINUTES
This agenda item was not discussed.
A. HOLUALOA 2ND AND 3RD; NORTH KONA DISTRICT; ISLAND OF HAWAI`I (TMK: 3-7-7-4:22,47)
Determination/Recommendation: Formal council determination to preserve in place or relocate affected burials, and council recommendations to the Department of Land and Natural Resources regarding proposed burial treatment.
Kamana`o Mills (Mills) says that the burial treatment plan was given to the Council at last month's meeting. Paul Rosendahl presented the plan for Site 5600 Features F and O; two burials located in a terrace and a cave blister. The burial treatment plan is to preserve both burials in place with a 25 foot interim buffer and a 10 foot permanent buffer, landscaping, signage and access. The buffer areas would be demarcated by walls. A site visit was conducted today with Council members Ruby McDonald and Ulu Sherlock, Burial Sites Program staff, PHRI and the developer, and Curtis Tyler. Paul Rosendahl could not attend today's meeting, but a representative from PHRI is present.
Bell asks staff about maximum and minimum short term buffer zones. Mills says that there are no set buffer zone size. Mills says that Lako Road will be constructed adjacent to the site, which may be is a limiting factor of the buffer zone sizes.
Cory Foulk (Foulk), the architect for the project, shows a map of the project area to the Council. Feature F and Feature O are on the makai side of the project area. PHRI is proposing to preserve the burials in place and put the permanent 10 foot barricade in at the start of construction. Lako Street is about 50 feet from one of the burial features. The County is constructing Lako Street.
Council member Nalei Pate-Kahakalau (Kahakalau) asks why a 25 foot buffer has to been considered.
Foulk says there is room for a 25 foot permanent buffer.
Kahakalau says that 25 feet should be the minimum buffer size.
Council member Ulu Sherlock (Sherlock) says that the highway may be impacted by the development.
Council member Roger Harris (Harris) says that because the road is so close to the burials, the permanent wall should be constructed before any other work is done so the burials will be protected.
Foulk says that they he would be happy to amend the burial treatment plan to a 25 foot permanent buffer around each burial feature. Foulk says that they propose to construct the permanent buffers now, before construction begins. Three acres will be given to the County for an access; the development will be on the remaining five acres. The project is still in the draft environmental assessment phase.
Chairperson Geri Bell (Bell) requests that "access would be permitted" be changed to "access shall be permitted" for lineal and cultural descendents on page 11 of the burial treatment plan.
Mills says that publication for descendents resulted in no persons coming forward to claim descendency to the burials, but descendents could come forward at any time.
Curtis Tyler (Tyler) says he was contacted by Foulk a few months ago to share his mana`o on the project. Tyler says he has not seen the burial treatment plan, but recommended preservation in place of the burials. Tyler says he attended the site visit this morning and recommended that the permanent buffer be marked by a stone wall with a locked gate for access by descendents. Rosendahl contacted Tyler asking for a list of possible descendents. Tyler also recommended an additional 10 foot "no build" buffer around the permanent buffers. Tyler says there is a plan to deed over a substantial portion of the property to the County to protect the heiau and other sites to ensure their protection and preservation.
A motion is made to preserve in place the two burials (Site 5600 Features F & O) associated with this project Holualoa 2nd and 3rd, North Kona District, Island of Hawai`i (TMK: 3-7-7-4:22,47). (Kahakalau/Hanoa)
VOTE: ALL IN FAVOR.
A motion is made for the language in the burial treatment plan be rewritten to reflect the discussion today that the permanent buffer zone be a minimum of 25 feet and the buffers be put in place immediately prior to construction and that "shall" will replace "would" on page 11 of the burial treatment plan in regard to access for lineal and cultural descendents (Kahakalau/McDonald).
Tyler raises his concern that no descendents have come forward.
Mills says that no descendents have come forward to date even though the legal notice was published.
Bell reads a portion of the burial treatment plan. An attempt was made to identify possible lineal or cultural descendents through PHRI. All potential claimants are listed in a table. Numerous attempts were made to contact everyone on the list by telephone. Of the 41 people listed, 17 could not be reached. None of the others that were contacted had specific knowledge concerning the burials identified in the project area.
Foulk says that his office, in preparing the environmental assessment, has also sent out notices to over 300 people in 90 agencies in the surrounding area in December.
Leihulu Mamac (Mamac) says that she was contacted by Paul Rosendahl a month and a half ago. She says she did submit her name and her families names, but nothing came of it.
Mikahala Roy (Roy) says that the State was insufficient in ascertaining descendency for this area and the State should assign more resources to the program to fund better descendency searches.
Mills offers to pass around a sign-up list for families who may be descendents of this project.
Bell asks for the motion to be reread. Bell asks if the Council approves the motion, does that mean that the Council accepts the burial treatment plan. Mills says that the Department will take the Councils comments and the Department will accept the plan.
VOTE: ALL IN FAVOR.
A motion is made to defer further discussion on this burial treatment plan until face to face consultation has taken place with the lineal and cultural descendents that have come forward and have the chance to review the burial treatment plan. (Kahakalau/Hanoa).
VOTE: ALL IN FAVOR.
Tape 2, Side A
B. COASTAL PARCEL IN PAO`O AHUPUA`A; NORTH KOHALA DISTRICT; ISLAND OF HAWAI`I (TMK: 3-5-7-01:5)
Determination/Recommendation: Recognition of lineal/cultural descendents. Formal council determination to preserve in place or relocate affected burials, and council recommendations to the Department of Land and Natural Resources regarding proposed burial treatment.
Isabella Mahi Medeiros introduces herself to the Council and asks the Council to introduce themselves. Isabella Medeiros says that she does not want the burials to be disturbed and leave the burial area as is.
Bob Rechtman says that the property was originally surveyed by Hal Hammatt in 1980. It is a 10 acre property and is within the conservation district. The property owner plans to build a single family residence. The owner has a preliminary agreement with I Ke Aina who will work on a plan to preserve the non-burial features on the property. The property owner wants to preserve all the sites and features on the property. The burial treatment plan calls for preserving the burials in place with a 20 foot permanent buffer. Notices were sent out to newspapers for descendents Rechtman had no responses. Rechtman contacted OHA and the asked the community for possible descendents and the Luhiau ohana. Rechtman consulted with Isabella Medeiros for the burial treatment plan.
The conservation use district permit is between the landowner and the State.
Councilmember Hanoa suggests a site visit. Rechtman says that the area is very rough and difficult to walk through.
Councilmember Harris says that this is a popular surf spot, therefore attracting many people. The planned location of the house will have the least impact to the archaeological sites and features on the property.
Councilmember Garmon is concerned that the Council would be approving the entire plan, not just the preservation of the burials. Garmon would like to see the archaeological inventory survey report.
Councilmember Kahakalau notes that the original inventory survey was done 23 years ago and would be insufficient by today's standards. The burials in the burial treatment plan were identified in 1980 and some burials may have been overlooked.
Rechtman says that because there will be minimal impact to the parcel and the majority of features will be preserved, the State Historic Preservation Division only required testing in the footprint of where the house will be.
Hanoa requests that Mary Anne Maigret and Jeanne Knapp to walk over the entire parcel.
A motion is made that prior to any determination for this burial treatment plan, a site visit be conducted by the State archaeologists. (Hanoa/McDonald).
VOTE: ALL IN FAVOR.
Chairperson Bell requests a letter from I Ke Aina explaining the relationship between their group and the developer.
C. KUNEWA BURIAL (TMK: 372-006-006-000), NORTH KONA DISTRICT; ISLAND OF HAWAI`I
Information/Recommendation: Discussion of burial investigation, and information.
Kamana`o Mills introduces Lyle Hosoda and Aileen Enos to the Council. Mills says that the talks between the families have fallen through.
Councilmember Keikialoha Kekipi arrives 4:25 PM.
Mills says that a meeting was planned and Aileen Enos showed up but the other side of the family did not. Mills says that the State will pursue the violation. The burial is now in an active cemetery and is 6 months old so it is now under the jurisdiction of the Department of Health.
A representative from Christ Church cemetery introduces herself to the Council.
Lyle Hosoda asks the Council for their help. Hosoda has a letter signed by Holly McEldowney dated April 2003 which states that the burial is to be exhumed from the cemetery and reinterred to its original location.
Bell says that the Council is bound by the McEldowney letter. Mills reads the letter to the Council.
The representative from the church says that the church doesn't want to be caught in the middle of the two families.
A motion is made that the Hawaii Island Burial Council support McEldowney's letter and enforce the document as soon as possible. (Kahakalau/Hanoa)
VOTE: ALL IN FAVOR.
Bell calls for a 10 minute break.
Information/Recommendation: Discussion of burial finds, proposed treatment, descendency claims, status of investigation.
Kamana`o Mills says that Kai Markell requested this item to be on the agenda.
Tape 3, Side A
Mahina Pai presents videotape footage taken on November 21, 2002 showing an area that had been bulldozed and disturbed burials.
Before the video is shown, Kahakalau makes sure that the Pai family is okay with non-family members viewing the video.
Hanoa says that the property is owned by McCandless Ranch.
Clarence Medeiros and Jimmy Medeiros are offended that the Pai's are using the iwi and displaying them for show and tell.
Bell says this should not have been on the agenda because there is no burial treatment plan and no descendents to be recognized. Bell terminates the discussion.
Pai's uncle, Thompson (?), says he offered tapa to wrap the remains and helped with the burials. He went with his heart to take care of the iwi.
The Pai and Medeiros families agree that there should be an investigation.
Information/Recommendation: Presentation and discussion of January 16, 2003 Burial Treatment Plan.
John DeFries (DeFries) of Hokuli`a says that on December 26,, 2002, Judge Ibarra issued a ruling that 21 burial sites that were found in archaeological sweeps be reclassified as previously identified. Hokuli`a submitted a burial treatment plan on January 16, to comply with Ibarra's order. DeFries says that they were told that the Burial Sites Program sent out copies of this burial treatment plan to all of the recognized Hokuli`a descendents. DeFries introduces Tim Lui Kwan, an attorney for Hokuli`a, Amy Rice and Tom Wolforth.
Tim Lui Kwan (Kwan) says they are here today to ask the Council to consider approving the burial treatment plan to preserve the burials in place.
Jack Kelly says that Native Hawaiian Legal Corp isn't present because they just found out that this would be on the agenda yesterday.
James Paige, Deputy Attorney General, says that this issue can still be discussed because it is on the agenda for discussion and presentation, not a formal determination.
Kwan says that Judge Ibarra has clarified to the parties that Oceanside has complied with his order to submit the burial treatment plan.
DeFries says that of the 21 sites, 14 have already had preservation walls approved by the State Historic Preservation Division/DLNR.
Councilmember Kekipi says that the burials in lava tubes should have a buffer around the tube, not just the opening of the tube. Consultation with descendents should have occurred in the preparation of the burial treatment plan.
DeFries says they did not have time. Hokuli`a assumed that the Department would follow through with the consultation of the descendents.
Leihulu Mamac says that as a descendent, she needs to be involved in the process.
Mills says that the Department mailed out the burial treatment plan to all recognized descendents. Mills says that he was not under the impression that it was the Department's duty to consult with the descendents. The Department's role is to recognize descendents.
Hanoa reads a portion of a letter from Amy Rice that identifies the January burial treatment plan as an amendment to the original burial treatment plan. Hanoa says that the judge's order called for a complete burial treatment plan. Hanoa says the plan is incomplete; there are more recognized descendents that are not on the list.
Mills estimates that the burial treatment plan was sent out to approximately 92 descendents.
Hanoa says in 1999, she wrote a letter to the Department expressing her concerns about the desecration of inadvertent burials from the first site visit to Hokuli`a and she has not received a reply to date. There are audio tapes from 1999 have been missing which would answer many of today's questions.
Tape 4, Side A
Curtis Tyler gives an overview of his documentation.
DeFries says that the predetermined buffer size is not always possible because of the topography of the land. DeFries invites Tyler to the field to show him specific sites and various situations.
Jimmy Medeiros says that the burial treatment plan is unacceptable.
Bell recommends that Hokuli`a consult with the descendents.
IV. CASE UPDATES
Information/Recommendation: Status updates including, but not limited to Kohala Ranch Development Buffer.
Debbie Kailiwai-Ray (Ray) informs the Council that grading has occurred on 4 TMKs without the proper grading permits. The operator cut into a lot and the bones that were found and put in a plastic bag. Ray says there was an old house site where the grading occurred. The County inspector went out and issued two citations. This burial may be an inadvertent, but it is near a cemetery that was identified by an informant.
Curtis Tyler says that he was told that every permit application that came to the County for Pu`ulani Ranch was being flagged. The County is in the process of hiring a consultant to review this case.
Kamana`o Mills says that he was informed of this just yesterday. He has set up a meeting for Monday for Kai Markell, Kanai Kapeliela and himself with IARII (International Archaeological Institute) who are preparing the burial treatment plan. Mills is anticipating having a burial treatment plan to present to the Council next month. One of the property owners, Christine Shaw has a burial treatment plan already which will be presented next month.
Maryann Maigret will conduct a site visit tomorrow. Act 104, an amendment to the Chapter 6E law to protect sites, was just passed and gives the SHPD more power to enforce violations of the Chapter 6E law.
Ray asks if the Department could write a letter to Pu`ulani Ranch Homeowners Association to inform some of the new homeowners that are not aware of the burials.
Councilmember John Ray says that the homeowners may not realize that they are doing anything wrong and need to be informed.
Ruby McDonald suggests that DOCARE issue a cease and desist order as soon as possible.
Debbie Kailiwai-Ray says that the bulldozer is currently broken.
Kahakalau mentions a burial that was disturbed a while back and was housed at the Hilo SHPD office. Kahakalau worked with Marc Smith on this case. Keola Lindsey was to provide an update.
Keikialoha Kekipi says that his ohana is waiting for reinterment of remains that were disinterred in 1999. The iwi are in the possession of the SHPD. The Council gave their support for a preservation plan. Kekipi's concern is who owns the road to give them the key for the gate to monitor access. Kekipi is still waiting to bring the burials back for closure. Kekipi was there late the night before and saw tourists going through the area with no guidance. Guide books that tell tourists to go through the access road to get to Champagne Park. Topographic maps do not show the road. Kekipi has seen tourists disturb the burials and sites.
Mills says the Department just recently contacted the landowner. The landowner says he is not convinced that there are burials on his property.
Kekipi says he is not angry with the tourists; they don't know that what they are doing is against the law.
Mills says he needs to be in contact with the landowner. The preservation plan has already been approved by the Hawaii Island Burial Council.
Ulu Garmon says that they got a gate put up at another location after meeting with the County, the landowner, and the foundation. The County was the most difficult to convince.
Kamana`o Mills says that one burial was removed from the University of Hawaii land and the attorney is reviewing the lease to see who is responsible.
Kamana`o Mills says that the Council recommended a 200 foot buffer. The Department may not approve the large buffer size.
Bell says that the Council made their recommendation, but the Council realizes that it is up to the Department.
Bell thanks Kekipi for his eight years of service on the Council and looks forward to seeing him back on in a year. Bell recommends starting the HIBC meetings no later than 1:00 PM. Bell says that Waiea should not have been on the agenda; the Council has no burial treatment plan to discuss or descendents to recognize for that property.
The minutes are deferred until next meeting.
The meeting is adjourned at 7:05 PM.
Mary Carney Perzinski
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