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MINUTES
O'AHU ISLAND BURIAL COUNCIL MEETING

 

DATE: TUESDAY, JANUARY 20, 2005
TIME: 9:30 A.M. &endash; 1:00 P.M.
PLACE: STATE OF HAWAI'I
DEPARTMENT OF LAND AND NATURAL
RESOURCES, 1151 PUNCHBOWL STREET, #132
HONOLULU, HAWAI'I 96813

ATTENDANCE:

Members:

Van Horn Diamond, Chair
Coochie Cayan, Vice-Chair
Kalei Kini
Cy Bridges
Aaron Mahi
Kehaulani Kruse
Jace McQuivey
Analu Josephides
 

Absent:

Nettie Tiffany (Excused)
Chuck Ehrhorn (Excused)
Tom Shirai (Excused)

 

Staff:

Melanie Chinen, Administrator
Kana'i Kapeliela, Historic Sites Specialist
Mary Carney, Historic Sites Specialist
Muffet Jourdane, Assistant O'ahu Archaeologist
Nathan Napoka, History and Cultural Branch Chief
Jocelyn Nazareno, Historic Preservation Specialist
Vince Kanemoto, Deputy Attorney General

 

Guests:

Doug Borthwick
Alice Greenwood
Joseph Kennedy
Mina Ellison
Carolyn Norman
Ted Norman
Paulette Kaleikini
Warren Iwasa
Melva Aila
William Aila
Christine Ruotola
Eric Masutomi
Dawn Chang
Lani Maa Lapilio
Leilani Mahi
Wilsam Keanaaina
Pua Aiu
Rona Ikehara
Aki Sinoto
Vicki Viotti
Victoria Keanaaina

 

I. CALL TO ORDER 

Meeting called to order by Van Diamond, Chair, at 9:34 AM. Aaron Mahi opened meeting with a pule.

 

II. OPENING REMARKS

 

Introduction of Board Members. Chair wished everyone a Happy New Year.

 

Chair is looking forward for SHPD staff to distribute a copy of the final audit to council members sometime in early February or March. A discussion can be made relative to some of the findings of the audit with the council members.

 

Chair asked that the information should be provided in a respectful manner.

 

III. APPROVAL OF MEETING MINUTES FOR DECEMBER 20, 2004.

 

A motion is made to accept the minutes for December 20, 2004 meeting. (Cayan/McQuivey)

 

Corrections on page 2 the word Olelo is misspelled.

Corrections to be made on 9 for Rev. Kaupu. Correct spelling of last name.

Correction to add okina to the word Hawaiian. It should be to delete okina.

Correction on page 9 Kuhea's name is misspelled.

 

Chair raised the question of Olelo and whether they could videotape the meetings.

 

Vince Kanemoto (Kanemoto) says that the meetings are open to the public.

 

There are inconsistencies on the motions made in the minutes. One motion was verbatim and the rest of the motions were in summary form.

 

Three items were added to the minutes which were part of executive session. Should not be part of minutes.

 

Correction on page 7 need to add the word roll call.

 

Correction on page 8 the word achieves is supposed to be archives, and for the word canal insert Ala Wai Canal.

 

Corrections on page 9 for the word Pele Properties is supposed to be Kelley Properties. And also for the world Ehu Kai it is supposed to be Hale O Na Ali`i.

 

Corrections on page 5 on Carolyn Norman statement. This belongs to Item C. Make statement to reference item C in parentheses.

 

Kalei Kini entered meeting at 9:53 a.m.

 

VOTE: ALL IN FAVOR.

 

IV. BUSINESS

 

A. SUNSET BEACH COLONY SUBDIVISION, KAUNALA AHUPUA'A, KO'OLAULOA DISTRICT, ISLAND OF O'AHU (TMK:5-8-06:46)

Information/Recommendation: Status update and overview of project by Historic Preservation Division Staff and Burial Council discussion of request for reconsideration by Any Anderson regarding formal Council determination of preservation in place of previously identified human remains at Site-5913.

 

Mr. Andy Anderson presented testimony. Brought a map of proposed relocation place for burial.

 

For the record Coochie Cayan made a statement that Mr. Anderson and her were related as ohana but they don't socialize with each other that much.

 

In 2001, a Burial Treatment Plan was written agreeing that the previously identified burial would be kept in place and the property owner is the one responsible for the iwi.

 

Coochie Cayan asks Mr. Anderson why there is a request to relocate the burial.

 

Mr. Anderson says I don't think that understanding or that conclusion was ever put on the table or agreed to. I gave you a couple of letters from Mr. Hibbard. When we started the project, Mr. Kai Markell came out and reviewed the inventory survey. Mr. Hibbard gave us some construction conditions, which we have in the letter, which gave us the option to utilize the options provided in the law and that was agreed to. It was agreed to that the property owner would be responsible for the burial.

 

There were confusion between Mr. Hibbard and myself and between ourselves and the person we sold these lands to because we gave him a copy of Mr. Hibbard's letter. We told him what Mr. Hibbard's State position was and he bought the parcel believing that he had the option to relocate the burials.

 

Mary Carney presented testimony. She reviewed the files and couldn't find any written documentation that substantiate Mr. Anderson's claim that Don Hibbard made this agreement. All the documentation that I sent to the Burial Council states that the property owner is the one responsible to come up with a burial treatment plan and to present that plan to the council as required by law. For clarification, the letter that was written to the Attorney General's Office in 2002 was written by Holly McEldowney not Don Hibbard. Don Hibbard was no longer with the division at that time.

 

Mary Carney noted that if burials are found inadvertently after the Burial Treatment Plan is accepted, they would be the Department's responsibility.

 

Mr. Anderson asks the council to clarify the process of a Burial Treatment Plan.

 

Van Diamond explained to Mr. Anderson the process of Burial Treatment Plan. Mr. Anderson had the option to request any changes of the Burial Treatment Plan.

 

Mr. Anderson did not have a chance to give input on the Burial Treatment Plan.

 

Joe Kennedy was asked to explain the submittal of the Burial Treatment Plan. Kennedy says there were documents on the project that was submitted to OIBC before I came on board. I was asked to write up the Burial Treatment Plan with the petition to the Council to relocate the iwi.

 

Mr. Anderson did not hire Mr. Haun for the purpose of making any final decision. Mr. Haun did not consult with Mr. Anderson upon writing upthe report. Mr. Haun was hired to monitor the project and he kept an archaeologist on site everyday for a year.

 

Kehau Kruse expressed her concern regarding the proposed relocation for the iwi.

 

Mr. Anderson asks the Council to reconsider the request to relocation the iwi.

 

Mr. William Aila says I did not hear any valid reason to move the iwi. We do not move iwi just for convenience. Iwi was there first and for the property owner to say this is my property now so I can do whatever I want to, is not right.

 

Mary Carney read into the record the Council determination letter dated December 1, 2004 that was addressed to Mr. Lancor. SHPD did not receive any response from landowner.

 

A motion was made to go into closed session. (?/?)

 

Council is now going to vote on going into a closed meeting under HRS sec. 92-4 and 92-5 (4) to consult the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities and liabilities.

 

VOTE: ALL IN FAVOR.

 

Board enters closed session at 10:24 a.m.

 

Motion to get out of closed session (Cayan/Bridges)

 

VOTE: ALL IN FAVOR.

 

Board comes out of closed session at 10:44 a.m.

 

10 minutes break called at 10: 45 to 10:55 a.m. Meeting reconvened at 10:55 a.m.

 

Van Diamond reads the agenda description: The status update and overview of project by Historic Preservation Division Staff and Burial Council discussion of request for reconsideration by Andy Anderson regarding formal Council determination of preservation in place of previously identified human remains at Site-5913. We have received all the information and appreciate it. It has been adgendized pursuant to a motion that was made at the prior meeting where the Council requested additional direction, information and findings of fact from the Department relative to this issue on all points. Based on the forgoing and fact that no written response pursuant to the 10 day deadline has been received from the present day owner, the decision of keeping the burial remains in situ stands. We note the fact that there is no jurisdiction entertaining the request for reconsideration, the appeal process is available to the land owner. The 10 day deadline is pursuant to a letter that was sent by the Burial Council via the Department to Mr. Lancor dated December 1st , which detailed the Council's November decision.

 

B. WAIKIKI BEACH WALK 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)

Information/Recommendation: Informational presentation by Ku'iwalu and early consultation with the O'ahu Island Burial Council.

 

Dawn Chang for Kuiwalu presented testimony. She comes before the Council to engage in early consultation for the Waikiki Beach Walk Project. She gave a brief overview of the project and their coordination with cultural and historical groups.

 

Kehau Kruse stated that she was an employee for Outrigger Resorts and has retired.

 

Eric Masutome presented a summary of the project. The project is 7.9 acres of land in Kalia area in Waikiki. Project boundaries encompass Saratoga, Lewers and Kalakaua and runs down to Waikiki Beach. There are 12 hotels properties. Eight of the buildings are be demolished and seven are to be upgraded. There will be limited subsurface disturbance and some street work.

 

Dawn Chang said we will be doing cultural work on the project site. There will be minimal ground disturbances and we will work on identifying all potential resources for the project. We are trying to be proactive. Paul Rosendahl and Tom Dye will be the contracted archaeologists. Notice has been published requesting anyone to come forward who many have a cultural interest in the project sites. SHPD has been consulted. We will update the Council as necessary and come up with a timely Burial Treatment Plan.

 

Coochie Cayan and Aaron Mahi suggested families to contact.

 

Paulette Kaleikini says I was contacted by Cultural Survey Hawaii, Aulii Mitchell, and have given my family's mana'o. Dawn Chang will keep the Kaleikini's informed.

 

Kehau Kruse requested to keep kupuna in place as much as possible and try to incorporate them into the landscape.

 

Coochie Cayan requested Dawn Chang to provide a map of the project the next time this project is on the agenda.

 

C. 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 State Historic Preservation Division.

 

Kanai Kapeleila reads into the record his January 7, 2005 memo to Council to regarding Kealoha Kuhea's lineal descendant claim. The department recommendation to the OIBC is to defer Mr. Kuhea's claim. No verification was made to this claim.

 

Motion that OIBC defer lineal descendant claim of applicant G. Kealoha Kuhea as recommended by the Department (Cayan/McQuivey)

 

VOTE: ALL IN FAVOR.

 

Melanie Chinen reads her letter asking for clarification of the Council's motion made from last month's lineal descendant claim for the Keana`aina family. The Council needs to clarify which burials to which the Keana`aina family is claiming.

 

Motion is made for an executive session regarding the Council's duties and liabilities. (Cayan/Kruse)

 

VOTE: ALL IN FAVOR.

 

Council goes into executive session at 11:41 a.m.

 

Analu Josephides arrives at meeting at 12:25 p.m.

 

Motion to come out of executive session (McQuivey/Cayan)

 

VOTE: ALL IN FAVOR.

 

Council comes out of executive session at 12:52 p.m.

 

Van Diamond says the Council determined lineal status to the Keana`aina family at the December meeting. The law requires lineal descendant status to be connected to certain remains; upon review the Council needs to do so. Therefore we are agendizing the matter of lineal descendancy to certain remains for the February 2005 meeting.

 

Donna Leong, attorney for Wal-Mart, informed the Council that she responded to Melanie Chinen's 2 letters in regards to the skeletal inventory. She submitted copies of her letter to Melanie Chinen. The skeletal inventory will be completed in March. She will meet with SHPD and consultants when Burial Treatment Plan is written.

 

Aki Sinoto passed out summary of project history for Wal-Mart.

 

Wilsam Keana`aina has draft of a Burial Treatment Plan and asks to be on the agenda for next month to present his Burial Treatment Plan.

 

Diamond said the lineal status issue will not delay the reinterment.

 

D. RECOMMENDATIONS FOR KEALOHA KUHEA'S CULTURAL DESCENDENCY CLAIMS FOR MOKAPU PENINSULA, WAIPIO PENINSULA

[TMK: (1) 9-4-050:059 AND MAUNALAHILAHI BEACH PARK [TMK's 8-4-001:001, 8-5-017:001-007, 8-5-018:001-003] ISLAND OF O'AHU

Information/Recommendation: Historic Preservation Division Staff's review and recommendations for G. Kealoha Kuhea's cultural descent claim for Mokapu, Waipio and Maunalahilahi projects and Burial Council recognition of cultural descendancy for burials found at these particular locations.

 

Mr. Kanai Kapeliela reads his letter of lineal recognition for Mr. G. Kealoha Kuhea's claim to Waipio and recommends Council to defer Mr. G. Kealoha Kuhea lineal recognition claim to Waipio.

 

A motion is made that OIBC accepts the recommendation of the Department to defer Mr. G. Kealoha Kuhea's cultural descendance claim to this matter.(Cayan/McQuivey)

 

Vote: 7 Yeas ( McQuivey, Cayan, Bridges, Kruse, Kini, Mahi, and Diamond) (Josephides voted kanalua)

 

Mr. Kanai Kapeliela reads his letter of lineal recognition for Mr. G. Kealoha Kuhea's claim to Makapu and recommends Council to defer Mr. G. Kealoha Kuhea lineal recognition claim to Mokapu.

 

A motion is made that OIBC accepts the recommendation to the Department to defer Mr. G. Kealoha Kuhea's cultural descendance claim to this matter.(Cayan/McQuivey)

 

Van Diamond stated that his family is under NAGPRA claimant.

 

Vote: 7 Yes ( McQuivey, Cayan, Bridges, Kruse, Kini, Mahi, and Josephides) (Diamond Recused)

 

Maunalahilahi Beach Park was not presented.

 

E. SECTION 106 SUBCOMMITTEE

Information/Recommendation: Council members to select new sub-committee members and discussion of recent Section 106 correspondence to Council.

 

Nathan Napoka said Maui/Lanai Islands Burial Council only looks at Section 106 reviews that pertain to burials.

 

Van Diamond said we received correspondence for the Stryker Brigade and Makua and they ask for the Council's input on the project.

 

Item E is deferred for now.

 

F. CASE UPDATES/INDAVERTENT DISCOVERIES

Information/Status Updates/Recommendation: Status update on Tusitala, Waikiki

Investigation (TMKs: 2-6-024:034-040, 042-045).

 

Mary Carney presented update for Tusitala. An inventory survey in 1996 found 1 burial, which was preserved in place. In 2003, that burial and at least three more burials were disturbed while sand was being moved on the property. Carney, Chinen and landowner went out last Thursday, January 7, 2005, to visit the site. The inadvertent burials are to be preserved in place.

 

Diamond said we need to have a Burial Treatment Plan to be submitted by Okada.

 

Violation of 6-E is still being investigated by the Department.

 

V. ANNOUCEMENTS

 

January 13, 2005 celebrating the 3 years that the iwi kapuna were buried in Kapiolani Park.

 

Hale O Na Ali`i will be submitting letter requesting recognition as an appropriate Hawaiian organization at the next meeting.

 

Council thanked Attorney Generals Office and staff.

 

Chair express his concerns with the audit and the standardization of SHPD processes.

 

VI. ADJOURNMENT

 

Meeting adjourned at 1:25 p.m.

 

 

Respectfully submitted,

Mary Carney

Burials Facilitator

 

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