MINUTES
O'AHU ISLAND BURIAL COUNCIL MEETINGDATE: WEDNESDAY, OCTOBER 13, 2004
TIME: 10:00 A.M.
PLACE: STATE OF HAWAI'I
DEPARTMENT OF LAND AND NATURAL RESOURCES, 1151 PUNCHBOWL STREET, #132
HONOLULU, HAWAI'I 96813ATTENDANCE:
Members: Van Horn Diamond, Chairman
Coochie Cayan, Vice-Chair
Kehau Kruse
Chuck Ehrhorn
Nettie Tiffany
Analu Josephides
Aaron Mahi
Kalei Kini
Jace McQuiveyAbsent:
Cy Bridges
Tom ShiraiStaff:
Mary Carney, Historic Preservation Specialist
Nathan Napoka, Branch Chief of History and Culture
Keola Lindsey, Historic Preservation Specialist
Muffet Jourdane, Assistant Oahu Archaeologist
Vince Kanemoto, Deputy Attorney GeneralGuests:
Kealoha Kuhea
Maria Orr
Tom Lenchanko
Kalama Maleaneila
Edith Kahn
Lani Kiesel
Wilsam Keanaaina
Shellone Akima-Keanaaina
Mina Elison
Ted Norman
William Lawson
Alice Greenwood
Stan Fonseca
Duncan Seto
Moni Keanaaina
Luther Keanaaina
Garrett Furukoto
Leihala Lopes
Miles Takaki
David Shideler
Poonui Lopes
Stuart Lau
Keith Kaleo
Anne Kusao
Glenn Kino
I. CALL TO ORDER
Chairperson Van Horn Diamond (Diamond) opens meeting at 10:15 AM. Roll call for councilmembers. Diamond says let the record show that Coochie Cayan will be arriving late.
II. OPENING REMARKS
Diamond recites the Serenity Prayer as a pule wehe. Diamond says the purpose of the meeting is for the council to receive information to make decisions. Diamond requests that all comments be directed to the council.
III. BUSINESS
A. THE QUEEN EMMA FOUNDATION BURIAL TREATMENT PLAN FOR SIHP 50-80-09-6673, HALAULANI, WAIPI`O PENINSULA, WAIPI`O AHUPUA`A, EWA DISTRICT, O`AHU WAIPI`O PENINSULA, WAIPAHU [TMK: 9-4-50:059]
Information/Determination/Recommendation: Recognition of Lineal and/or Cultural Descendents. Formal Burial Council Determination to Preserve in Place or Relocate of Previously Identified Burial Site Found During an Archaeological Inventory Survey.
Diamond says there has been a request to defer this item until Coochie Cayan arrives.
B. BURIAL TREATMENT PLAN FOR A PROPERTY LOCATED AT TMK: 4-2-06:1, 4-2-08:1, 4-2-09:1, MAUNAWILI VALLEY, KAILUA AHUPUA`A, KO`OLAUPOKO DISTRICT, ISLAND OF O`AHU (LUANA HILLS COUNTRY CLUB, INC.)
Information/Determination/Recommendation: Discussion of Proposed Site Visit. Formal Burial Council Determination to Preserve in Place or Relocate Previously Identified Burials and Probable Burials at Sites 50-80-15-374 and 50-80-15-2130, Identified During an Archaeological Inventory Survey.
Diamond says we have recognized Harriet Ilima Morrison as a cultural descendent for this project.
Mina Elison, of Archaeological Consultants of the Pacific, gives an overview of the burial treatment plan. Elison says they sent a letter to Ms. Morrison, but did not receive a reply. Preservation in place is requested for the previously identified burials. Elison says she is unaware of any planned construction in the area of the burials. A site visit had also been requested by the council, but it was unable to be scheduled before today's meeting.
Mary Carney (Carney) says that this is the first time this item is on the agenda for determination, therefore the council has 45 days to render a determination. A site visit could be scheduled before the next meeting.
Analu Josephides (Josephides) recommends a larger construction buffer zone. Replanting of the burial areas should include plants with minimal root growth to minimize damage to the sites.
Kalei Kini (Kini) says Ms. Elison needs to check out the construction plans or any intentions for construction.
Diamond says the recognized descendent should have input in the burial treatment plan.
Elison says she only has Ms. Morrison's address, not her phone number.
Nathan Napoka (Napoka) says Morrison's mother is Tita Morrison and Elison could call the University to find out her phone number.
Vince Kanemoto (Kanemoto) says the council could have a closed site visit pursuant to section 42.5 (d) and reads it into the record. A closed site visit would not require quorum.
Jace McQuivey (McQuivey) says the site visit would just be for information gathering and no action would be taken on site.
A motion is made with regard to Item II [B] on the agenda for Maunawili Valley pursuant to 6E section 43.5 (d), to have a closed site visit. (Tiffany/Kini).
VOTE: ALL IN FAVOR.
Diamond says Mary [Carney] will coordinate the site visit.
C. BURIAL TREATMENT PLAN FOR A PROPERTY LOCATED AT TMK:5-8-06:46, KAUNALA AHUPUA`A, KO`OLAULOA DISTRICT, ISLAND OF O`AHU (SUNSET BEACH COLONY SUBDIVISION)
Information/Recommendation: Update on Burial Council Site Visit on October 12, 2004. Discussion of Proposed Relocation of Previously Identified Human Remains at Site 50-80-01-5913, Identified during an Archaeological Inventory Survey.
Mina Elison (Elison) of Archaeological Consultants of the Pacific says an effort was made to have a site visit, but it was not successful. Elison that on behalf of the Lancor Architects and the Sunset Beach Colony Community Association, we wish to relocate the remains to a preservation area within the subdivision. An archaeological inventory survey was conducted in 2001, 4 sites were identified: railroad remnants, house feature, and 2 subsurface cultural deposits. Human remains are located at site 5903, a cultural deposit with disturbed human bone fragments and historic artifacts. The proposed reinterment site is within the circular structure in the cul-de-sac. There is a monkey pod tree in the proposed preservation area. Due to the high probability of finding more burials, it is proposed that they also be placed in the burial vault in the preservation area. It is requested that the council make a determination to not approve this plan so that a new plan can be presented.
Kanemoto says the council cannot make a determination because it is not agendized for determination.
Carney says you can revoke the burial treatment plan and revise it at any time to begin the process over again.
McQuivey asks if the historic railroad site or house foundation is on the parcel where the iwi was found. Elison says no, not on the parcel. McQuivey asks for a map showing the location of the iwi at present and the proposed reinterment site. Elison says that it is shown on two separate pages in the plan because it could not fit on a single page.
Diamond says isn't it a fact that the owner was informed that there was iwi on the parcel when he bought it? Elison says she is not certain.
Elison says a revised plan would propose relocating the burial to another area within the parcel.
Josephides says if there is no natural or imminent harm to the iwi then it should be preserved in place.
Kini says the plan is unacceptable. Kini suggests to Elison to take it back and rewrite it and present it at another time.
McQuivey says the following items should be addressed in the plan: 1) an overlay of the proposed structure and infrastructure on the property, a reason the property owner wants the burial moved, 2) it should be explained why there is a high probability of finding more burials and if the council allows this burial to be moved, that decision should not be interpreted as giving the green light allowing all future burials to be relocated, 3) a council site visit when the plan is better prepared and the landowner knows what he would like to do, and 4) input from cultural descendents.
Elison says the advertisements did not result in any descendents coming forward.
McQuivey suggests looking into any individuals or families that may have historical ties to the area.
Josephides says I want to speak with Muffet Jourdane regarding some people that live across the street who say that when they were children and played in the area, iwi were sometimes uncovered and were just covered back over and left in place. He still lives there across the street and does not want the iwi to be disturbed. He can point out some of the iwi.
Kealoha Kuhea (Kuhea) says that Kana`i Kapeliela is discriminating against his descendency claim.
Elison asks if action on this burial treatment plan is deferred, could there still be a site visit?
McQuivey says I would recommend we wait until the revised plan is presented.
A motion is made to defer this matter until further information is forthcoming by the applicant. (McQuivey/Kini)
Chuck Ehrhorn (Ehrhorn) says we have had people come forward before who have bought property knowing there is a burial on their lot and still cannot design a house that would avoid the burial. This concerns me as an architect that someone would at this late stage want to move the burial if they knew it was there. Have all the future landowners been told that there is a high probability that burials may be found on their property?
Napoka says all of this testing was done for the inventory survey and only one burial was found, so why is there a high probability of finding more burials?
Elison says the fact that the property is near the ocean and has sand.
Napoka says you should have a record of the consultation process that you have gone through so it is not repeated.
Diamond says there should be some sort of documentation notifying the buyer of the burial.
VOTE: ALL IN FAVOR.
D. NOTIFICATION OF DISCOVERY OF HUMAN REMAINS AT THE TUSITALA VISTA ELDERLY APARTMETNS PROJECT, AINA HAU, WAIKIKI, KONA DISTRICT, O`AHU (TMK: 2-6-24:70, 71)
Information/Recommendation: Presentation and Request for Consultation regarding Human Remains Documented During an Archaeological Inventory Survey.
Diamond says this is the one that the Advertiser reported on.
David Shideler (Shideler) of Cultural Surveys Hawaii (CSH) says that CSH has been conducting an inventory survey of certain parcels between Ala Wai Boulevard and Tusitala, between Kaiulani and Liluokalani. We believe we may be in the lawns of the lands of Aina Hau, associated with Princess Kaiulani. 14 trenches were excavated and 2 bone fragments were encountered. The bone fragments were found in a fill layer 15 cm below the present surface. The fill likely postdates 1940 because it overlays concrete slabs and was brought in from offsite. We seek guidance on the burial treatment plan and final disposition.
Tape 1, Side B
Shideler says based on the extensive testing and the fill layers there is no reason to believe there are any in situ remains on the property. Monitoring will occur during construction. Within consultation with SHPD, more testing was done in the vicinity of the iwi, about 10 feet in radius, and no other iwi were found.
Ehrhorn suggests sediment analysis to find out where the bones came from.
Shideler says that soil testing will be done before construction begins but may not be indicative of the original location of the sediment fill.
Napoka suggests researching Dillingham dredging record from the Waikiki Reclamation.
Shideler says that could be done, but the fill layer postdates the Waikiki Reclamation Project which occurred in the 1920s.
Napoka says the dredging records are at Bishop Museum.
Shideler says the iwi have been left on site and are protected by a fence and buried, but if the council believes that they should be curated elsewhere, that could be done.
Coochie Cayan arrives at 11:25 AM.
Shideler seeks guidance on preservation measures and consultation although the original location of the burial cannot be known.
Anne Kusao (Kusao) a land use planner says the draft environmental assessment has just been completed. The schematic drawings have been done and there will not be a basement.
Glenn Kino (Kino), an engineer, says the building does not encompass the entire site, but the building is designed in the approximate location of where the iwi are.
Diamond says there will be a 5 minute break.
E. DRAFT BURIAL TREATMENT PLAN FOR WAI`ANAE REGIONAL PARK, WAI`ANAE KAI, ISLAND OF O`AHU (TMK: 8-5-02:11)
Information/Recommendation: Presentation of Draft Burial Treatment Plan.
Carney says that item was presented at last month's meeting and then was deferred because of time restraints, but there is no one today to present this item.
F. STATUS UPDATE OF MAKALOA-SHERIDAN SAM'S CLUB/WAL-MART PROJECT, KALIA, MAKIKI AHUPUA`A, HONOLULU (TMK: 2-3-16; 9 &19)
Information/Recommendation: Recognition of Lineal and/or Cultural Descendents and Status Update by Burial Sites Program Staff.
Carney reads an October 12, 2004 memorandum from Kana`i Kapeliela to the Oahu Island Burial Council recommending Amelia Gora and Clarence Medeiros Jr. as cultural descendents for this case.
A motion is made to accept staff's recommendation. (Cayan/Ehrhorn)
VOTE: ALL IN FAVOR.
Carney reads an October 12, 2004 memorandum from Kana`i Kapeliela to the Oahu Island Burial Council recommending Lorelei Joto, Robert Gomes Jr., Celeste Gomes, Jeffrey Gomes, Jared Gomes, Lisa Gomes-Silva, Michael Polido, Matthew Polido, Melinda Polido, Mahealani Polido, Ke`ala Bates, Cline Bates, Rachel Del Toro, Samuel Del Toro, Benjamin Del Toro, and Daniel Del Toro as cultural descendents for this case.
A motion is made to accept staff's recommendation. (Cayan/McQuivey)
VOTE: ALL IN FAVOR.
Carney reads an October 12, 2004 memorandum from Kana`i Kapeliela to the Oahu Island Burial Council recommending deferral of G. Kealoha Kuhea's claim as a lineal descendent for this case.
A motion is made to defer Kuhea's lineal descendency claim. (Cayan/Tiffany)
VOTE: 8 IN FAVOR, 1 ABSTENTION (JOSEPHIDES)
Carney reads a memorandum from Kana`i Kapeliela to the Oahu Island Burial Council dated October 12, 2004 updating the council on the Makaloa-Sheridan Streets Wal-Mart reinterment effort.
Cayan says she is employed by Communications Pacific, the public relations firm representing Wal-Mart, but did not attend the Wal-Mart meetings in her capacity at Communications Pacific.
Napoka asks if Cayan should recuse herself from voting on descendency claims.
Kanemoto says it is a personal decision and whether she thinks she can be fair and impartial.
Cayan says she believes she can be fair on genealogy issues and has removed herself from burial cases on O`ahu.
Kini says he believes that Cayan can be fair.
Napoka recommends a need for caution and the legal ethical issues should be considered.
Kanemoto recommends that the council go into executive session to discuss the recusal issue further.
The council decides to continue the Wal-Mart discussion.
Tape 2, Side A
Melanie Chinen (Chinen) says she is currently at the Governor's office, but will be transferring to DLNR as the SHPD Administrator. Chinen says Kapeliela's report is accurate. Chinen says she has been working with the two main families to reach consensus on the burial treatment and reinterment of the iwi. An attempt was made to reinter the iwi before the Wal-Mart grand opening. If consensus is not feasible, DLNR will take the responsibility of reinterring the iwi. Aki Sinoto believes it will take him until March 2005 to separate the commingled remains. That is unacceptable. The timely reinterment of the iwi is a high priority for the Department.
McQuivey asks about the commingled remains.
Chuck Ehrhorn leaves meeting at 12:15 PM.
Chinen says there is a discrepancy in numbers of burials. There are 12 bones that are from various individuals that need to be reassociated. We are trying to have them done within the next two weeks.
Kealoha Kuhea (Kuhea) says he attended Sunday nights meeting and there were 3 families that want the inventory, the Kekaula family, the Keanaaina family and the Kuhea family. Site 3 was Kamakee Piikoi's award and was the cemetery hill. Kuhea says he is a lineal descendent to cemetery hill and will talk to Kana`i.
Diamond says Kuhea is a cultural descendent already. The two Kona representatives from the council met with administration on Thursday and with some descendents. Three things were discussed: 1) there should be one burial treatment plan by consensus, as close to 100% as possible, 2) the inventory needs to be completed, and 3) consultation should occur with the burial council.
Miles Takaki (Takaki) of the Keanaaina family, Kekaula line, gives a summary to the council of Sunday's meeting. A burial treatment plan by the Kekaula family line is presented to the council. A simple ceremony is to include Hawaiian, Christian and Oriental denominations. Wrappings will include muslin and tapa cloth and coconut fiber sinew. The head should face mauka, feet makai. Wrappers should include all recognized cultural descendents, about 6 descendents, depending on space available. Sand should be placed at the base of the crypt, then the iwi and then more sand. Hawaiian hibiscus, red and green ti, hau and kukui trees, and grass will cover the ground along with the burial marker stones that were found with the iwi. A plaque will be placed in the reinterment area. The location will be at the Makaloa and Sheridan Streets intersection. This process is taking too long. Our focus is to come together with the other family and present one burial treatment plan. My ohana will volunteer their time to take care of the iwi without profit. The reinterment shall not be underwritten by Wal-Mart.
Ted Norman (Norman) says he represents the Norman and Kaleikini family. March is too long, the iwi should be reinterred as soon as possible. Aki Sinoto had wanted the crushed coral to cover the iwi, even though our family requested sand. Sinoto though the coral would be easier to remove when excavating the iwi. On the commingled remains, the inventory of those remains should have been done immediately as they were taken out of the ground. None of our family has received any information on the other iwi that had been taken out of the ground. Our family will work with the Kekaula family on reaching consensus.
Kanemoto asks if the council would like to go into executive session.
Kini says it is not necessary to go into executive session.
Cayan says we can go into executive session later.
Kanemoto says it is up to the council.
G. WAIKIKI BEACHWALK PROJECT: REDEVELOPMENT OF OUTRIGGER ENTERPRISES, INC. PROPERTIES IN THE LEWERS-KALIA AREA, WAIKIKI, KONA DISTRICT, O`AHU
[TMKs: 2-6-002, 003, 004 (22 various parcels)] WAIKIKI BEACHWALK PROJECT
Information/Recommendation: Informational Presentation by Tom Dye and Associates on Upcoming Project and Search for Possible Descendents.
Diamond says Item G has been withdrawn by Outrigger.
A. THE QUEEN EMMA FOUNDATION BURIAL TREATMENT PLAN FOR SIHP 50-80-09-6673, HALAULANI, WAIPI`O PENINSULA, WAIPI`O AHUPUA`A, EWA DISTRICT, O`AHU WAIPI`O PENINSULA, WAIPAHU [TMK: 9-4-50:059]
Information/Determination/Recommendation: Recognition of Lineal and/or Cultural Descendents. Formal Burial Council Determination to Preserve in Place or Relocate of Previously Identified Burial Site Found During an Archaeological Inventory Survey.
Carney reads an October 12, 2004 memorandum from Kana`i Kapeliela to the Oahu Island Burial Council recommending that the council recognize Kenneth F. Brown as a cultural descendent for this case.
Councilmember Josephides leaves room.
A motion is made to accept staff's recommendation. (Cayan/Kruse)
VOTE: ALL IN FAVOR.
Councilmember Josephides returns to meeting.
McQuivey commends the Department and thanks the applicant for his patience.
Kuhea says he also put in a cultural descendency claim for this item. Kuhea requests that the council defer this item until he can meet with Kapeliela and be recognized.
Sunset Kalamama (Kalamama) says he is a descendent of Haalai family and is related to Brown. Many members of the family are still alive. My mother is Solomon Kauhane's daughter. We had kuleana lands there.
Jace McQuivey leaves meeting at 12:55 PM.
Cayan says he could put in a claim and be recognized.
Diamond explains that Mr. Brown has put in a claim to take care of the iwi found there, not to claim land.
Josephides says someone from staff should help him.
Napoka says just give us a call and we will help you.
David Shideler says we are requesting formal council determination to preserve in place or relocate two previously identified burials. We are requesting relocation for three reasons: 1) Kenneth Brown is the only recognized descendent and he supports relocation, which is in writing, 2) this supports the mission of the Ali`i Trust which supports the Queen's Medical Center, 3) the Ali`i Trust will remain as kahu in perpetuity for these iwi.
Diamond says at the last meeting the council supported relocation.
Tape 2, Side B
Carney says the 45 day clock begins today for formal council determination to preserve in place or relocate the two burials.
H. SURVEY OF LANDS OF LOALI`I, WAIALUA DISTRICT, CENTRAL OAHU
Information/Recommendation: Informational Presentation to Burial Council regarding Known Burial Sites by Hawaii Civic Club of Wahiawa. Discussion may be closed to Public due to Discussion of Sensitive Burial Site Locations.
Tom Lenchanko (Lenchanko) of the Hawaiian Civic Club of Wahiawa and Friends of Kukaniloko. Lenchanko reads his written testimony submitted to the council and DLNR/SHPD. Lenchanko requests to be consulted in determining actions to proposed effects to the land of Lo ali`i which includes Lihue, Wahiawa, and Halemano.
Alice Greenwood (Greenwood) of Kupa Ka `Aina, says that the Wahiawa Botanical Gardens meeting on August 19th was the beginning of the cultural monitoring program. Training for cultural monitors includes Hazwoper training, $10,000 has been issued for the cultural monitor program for this project. That includes the $500 for Hazmat and First Aide training. All cultural monitors are to sign up with Ganda.
The council thanks Greenwood and Lenchanko for their initiative in protecting native Hawaiian cultural resources and sites.
I. CASE UPDATES/INADVERTENT DISCOVERIES
Information/Status Updates/Recommendation: Status Update on Tusitala, Waikiki Investigation (TMKs: 2-6-024:034-040, 042-045).
Diamond reads a February 20, 2004 letter written to Okada Trucking by Kai Markell, the former director of the Burial Sites Program.
Carney says she believes there was no reply, but it was not followed through.
Diamond says it should go to DOCARE.
Carney says it has been forwarded to them by Kana`i Kapeliela.
Kanemoto asks if the council would like to go into executive session now to discuss the recusal issue for Cayan and Wal-Mart.
A motion is made to go into executive session to confer with counsel. (Diamond/Tiffany)
VOTE: ALL IN FAVOR.
A motion is made to come out of executive session. (Cayan/Kini)
VOTE: ALL IN FAVOR.
Aaron Mahi leaves meeting at 1:40 PM.
Diamond says this item will be looked into further.
IV. ANNOUNCEMENTS
V. ADJOURNMENT
Meeting is adjourned at 1:55 PM.
Respectfully submitted,
Mary Carney
Burials Facilitator
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