MINUTES
O'AHU ISLAND BURIAL COUNCIL MEETING
MINUTES
O'AHU ISLAND BURIAL COUNCIL MEETING
DATE: WEDNESDAY, NOVEMBER 10, 2004
TIME: 10:00 A.M.
PLACE: STATE OF HAWAI'I
DEPARTMENT OF LAND AND NATURAL RESOURCES, 1151 PUNCHBOWL STREET, #132
HONOLULU, HAWAI'I 968138:00 &endash; 9:30 AM Closed Site Visit at Luana Hills Country Club as requested by the O`ahu Island Burial Council to gather more information on previously identified burial sites, Maunawili Valley, Kailua Ahupua`a, Ko`olaupoko District, O`ahu (TMK: 4-2-06:1, 4-2-08:1, 4-2-09:1)
ATTENDANCE:
Members:
Van Horn Diamond, Chair
Chuck Ehrhorn
Kehau Kruse
Analu Josephides
Jace McQuivey
Tom Shirai
Aaron Mahi
Kalei KiniAbsent:
Coochie Cayan
Cy Bridges
Nettie TiffanyStaff:
Melanie Chinen, SHPD Administrator
Mary Carney, SHPS Burial Sites Program
Vince Kanemoto, Deputy Attorney General
Sara Collins, SHPD Archaeology Branch ChiefGuests:
Sally Apgar
Trina Armstrong
David Shideler
Pua Aiu
Kawika McKeague
Ka`iulani Akamine
Laurie Lucking
David Grant
Jerry Matsuda
Aki Sinoto
Moana Lee
Miles Takaki
Donna Leong
Alex Luka
Amelia Gora
Richard Paglinawan
Kealoha Kuhea
William Lawson
Momi Keana`aina
Regina Rash
Vicky Keana`aina
Luther Keana`aina
Michelle Keana`aina
Stuart Lau
Henry Noa
Mina Ellison
I. CALL TO ORDER
Van Horn Diamond (Diamond), Chair calls meeting to order at 10:40 AM. Roll call of council. Pule wehe offered by Analu Josephides.
II. OPENING REMARKS
Diamond thanks past and present staff and council members. Diamond discusses protocol and the council's purpose.
III. APPROVAL OF OCTOBER 13, 2004 OIBC MEETING MINUTES
A motion is made to accept the October 13, 2004 OIBC meeting minutes. (McQuivey/Kruse)
VOTE: ALL IN FAVOR.
IV. BUSINESS
A. BURIAL TREATMENT PLAN FOR A PROPERTY LOCATED AT SUNSET BEACH COLONY SUBDIVISION, KAUNALA AHUPUA`A, KO`OLAULOA DISTRICT, ISLAND OF O`AHU (TMK:5-8-06:46)
Information/Determination/Recommendation: Determination to Preserve in Place or Relocate Previously Identified Human Remains at Site 50-80-01-5913, Identified during an Archaeological Inventory Survey and Recommendations to the Department on the Preservation Measures.
Mina Ellison (Ellison) of Archaeological Consultants of the Pacific reads into the record an email from Joe Lancor, architect, to Joe Kennedy, describing the building restrictions on the lot which site 5913 is located. The council has 45 days to make a formal council determination to preserve in place or relocate the burial remains.
Analu Josephides (Josephides) says that the email from Joe Lancor is insufficient and it does not answer all of the council's questions.
Diamond says the council last month requested a map showing the location of iwi in relation to other historic sites and a foot plan of the house.
Elison says there is no footprint yet, but the email provides restrictions on the development of that property.
Diamond reads portion of October 2004 meeting minutes.
Elison says the area for development is limited.
Diamond says the owner knew about the burial.
Kalei Kini (Kini) asks for an overlay of the infrastructure and the overall impact on the subdivision.
Josephides wants the reinterment in the roundabout option discussed further. The council made it clear that it does not want cars driving around the iwi. The architects and lot owners should be at the next council meeting.
Diamond says the burial site may overlap the railroad bed site.
Kehau Kruse (Kruse) says the iwi were there first and has concerns for the safety of the property owner.
Chuck Ehrhorn (Ehrhorn) asks if the house plan has been designed. Ellison says as far as she knows it has not. Ehrhorn says the email that Ellison distributed says that the sewage system can only go in the area of the iwi and there re no other options to the parking area.
Tom Shirai (Shirai) says that he has mixed emotions. The whole coastline there has flooding. The proposed area for reinterment, the cul-de-sac, is not a peaceful place. The monkey pod tree is an insult. The root system is too destructive and the burial should be in the Ka`ena Point alignment.
Aaron Mahi (Mahi) says much of the requested information is still missing. Work needs to be done expediently.
Diamond says an article in the Honolulu Weekly, October-November edition, in the Honolulu Diary section, has an article about Andy Anderson's questionable permitting for this subdivision.
Ehrhorn says all of the questions need to be answered next month by the architect or property owner.
Josephides says the 45 day clock has begun today and the council needs to make a decision in case there is no quorum at the December meeting.
A motion is made that Burial Site 50-80-01-5913 be preserved in place, as is, in Lot 16 of the Sunset Colony subdivision. (Ehrhorn/Kruse)
VOTE: ALL IN FAVOR.
A motion is made to reject the submitted burial treatment plan pending receiving more information as previously requested by the council regarding the probability of other iwi being found and proposed reinterment sites for other possible iwi. (Ehrhorn/Kruse)
VOTE: ALL IN FAVOR
Ehrhorn says the round about should not be used as a reinterment site.
Shirai says a site visit would be helpful for the council.
B. BURIAL TREATMENT PLAN FOR A PROPERTY LOCATED AT LUANA HILLS COUNTRY CLUB, INC., MAUNAWILI VALLEY, KAILUA AHUPUA`A, KO`OLAUPOKO DISTRICT, ISLAND OF O`AHU (TMK: 4-2-06:1, 4-2-08:1, 4-2-09:1)
Information/Determination/Recommendation: Discussion of 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, and Recommendations to the Department on Preservation Measures.
Mina Ellison (Ellison) presents written testimony from the sole recognized cultural descendent, Ilima Morrison. Ellison gives an overview of this morning's council site visit.
Tape 1, Side B
Kalei Kini (Kini) describes the site visit and the overgrown heiau and burial sites. The iwi shall be preserved in place. Kini suggests that a Hawaiian civic group work to restore and preserve the site.
Shirai says we decided two months ago to preserve the burials in place.
Kini suggests enlarging the proposed buffer from 5 meters to 10 meters.
A motion is made to preserve in place the burials at the two locations at sites 374 and 2130. (Kini/McQuivey)
VOTE: ALL IN FAVOR.
A motion is made to accept the burial treatment plan with the amendment that both burial sites 374 and 2130 have a permanent buffer zone of 10 meters. (Kini/McQuivey)
VOTE: ALL IN FAVOR.
Sara Collins (Collins) says that the Irwin Boyd and Queens Bath Site are also in the preservation plan with a possible controlled program of visitation in the future.
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 Burial Sites Program Staff.
Mary Carney (Carney) reads into the record a November 9, 2004 memorandum from Kanai Kapeliela to the Oahu Island Burial Council recommending cultural descendency for E. Halealoha Ayau and Bruce Pascua.
Josephides recommends that the council treat the claims separately.
Kruse asks who Halealoha is related to?
Shirai asks who are Halealoha's ancestors?
A motion is made to accept the Department's recommendation to recognize Bruce H. Pascua as a cultural descendent. (McQuivey/Josephides)
VOTE: ALL IN FAVOR.
A motion is made to defer Halealoha Ayau's claim until further information is provided to the Council. (Josephides/Shirai)
VOTE: ALL IN FAVOR.
Kealoha Kuhea (Kuhea) says he is claiming lineal descendency.
Melanie Chinen (Chinen) says Historic Preservation Division just received Kuhea's information yesterday and we will have a meeting with Kuhea, Vince Kanemoto and Kana`i Kapeliela.
Miles Takaki (Takaki) introduces himself, Regina Rash and Vicky Keana`aina. Takaki shows the council historic maps and photographs of the project area.
Vicky Keana`aina (Keana`aina) reads her written testimony into the record. Keana`aina presents her lineal descent claim to the council. Keana`aina says her family has loved on that land from the 1700s to the early 1900s. Maps and 1941 aerial photographs are shown to the council. Keana`aina identifies Burial Z as Jonah Puamana.
Tape 2, Side A
Regina Rash (Rash) reads a portion of a November 3, 2004 letter from Melanie Chinen to Donna Leong. Rash requests that Chinen step aside from this process.
Iwalani Keana`aina says that Chinen's letter gives no consideration to the family of the burials and the rules have been changed. The Keana`aina family just wants to clean the bones and put them back, it has been too long. She says she is not here for money, she is just trying to take care of the kupuna.
Vicky Keana`aina says she is a licensed instructor of massage therapy and her family has been helping Aki Sinoto and saving him 1 month's work.
Moana Lee (Lee) says she is the archaeologist on site and shows the council the aerial photographs and maps already shown by Takaki. Find Spot 1 has traditional Hawaiian artifacts, kitchen midden and historic artifacts. Find Spot 3 has commingle remains above a privy. This is the Kekaula houselot.
Shirai says I support you guys.
Henry Noa (Noa) says from his outsider's point of view, the definition of cultural descendents is new. Hui Malama helped a lot in the beginning, but there is family here now.
Josephides says there needs to be more discussions on lineal, cultural and collateral lineal descendency. Eddie Ayau did a great job in writing the laws and he is a good guy, but it is our responsibility to redo the laws and make them better.
Noa says the council should make a recommendation to amend the rules to have the lineal descendents control the archaeology.
Josephides says in the Kingman case on Hawai`i Island, all family was lineal to the Kipapa burials.
A motion is made to acknowledge every Keana`aina each as a cultural descendent as a lineal descendent based on the facts provided. (Josephides/Kruse)
Chinen asks the council to defer this until Kana`i has a chance to review this new information. As stated in HAR 13-300-35, the Department shall review all submitted information. There has been no identification of remains yet. Chinen says she has been trying to reach consensus among the descendents. The Department has the jurisdiction and we should have acted more timely in the past, but we are trying to work with everyone involved. Chinen says her letter request information from Aki Sinoto that should have been received months ago.
Josephides says the iwi are in a truck underneath a driveway. Kana`i should quickly answer the Keana`aina claim.
Tape 2, Side B
Chinen says we will work with all of the families.
Diamond says we shall defer this motion and refer this to Kana`i.
Josephides withdraws his motion.
Chinen and Donna Leong (Leong) present the burial treatment plan.
Chinen says the Department needs burial location information so the burials can be put back in the ground appropriately. Osteological analysis work should stop because ethnicity can be determined in other ways. We need to work out the details of the ceremony and wrappers of the iwi. The Department just received information this morning that was requested in the letter. A time-frame will be worked out.
Leong says there will be a revised final burial treatment plan. The Historic Preservation Division has jurisdiction on the burial treatment plan. All of the descendents will be brought together again to work out the final details. Aki Sinoto is here to address the concerns in the letter. The iwi are secure in a shaded area close to where they shall be reburied.
Josephides says his mother and wife felt spiritual chaos at Wal-Mart on the opening day.
Aaron Mahi leaves meeting at 1:35 PM. Quorum is maintained.
Diamond says he has been there many times and each time there was a spiritual ness to it. Some people may have created unnecessary drama. He has made a point to not go there until this is all pau. Diamond says he spent 20 years in the trade union and he cannot go there.
Josephides says to Mrs. Leong that we are able to disagree and it is good to hear your side.
Chinen says the iwi are secured and we have made the best of what we have.
Kruse says she was asked to help with the blessing at the grand opening of Wal-Mart. Four of us went. I was a student of Kumu John Lake and so I was asked to help with the blessing. I hemmed and hawed many days over this and then we came together with my fellow kahunas. There are feelings there that it is okay or not okay to be there. I was there when the iwi first came out. Our intention for the blessing was so clear, we are appreciative of Wal-Mart. We went to pray and see the kupuna before the opening of the store. The area where the iwi will be reburied was blessed. The back part where the trailer was before was also blessed. The trailer is perfectly secured under the ramp. Butchie was still there working. We all felt good and did prayers there and then went into the store and did a blessing for the people who work at Wal-Mart. I am proud of the Keana`aina family.
Diamond says we will go through the rest of the agenda, go into executive session and come back to Wal-Mart.
Tape 3, Side A
D. 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 (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 Previously Identified Burial Site Found During an Archaeological Inventory Survey and Recommendations to the Department on Preservation Measures.
Amelia Gora (Gora) says she is not okay with relocation.
David Shideler (Shideler), of Cultural Surveys Hawaii, says there is one recognized descendent, Kenneth Brown, and he supports relocation. Queen Emma Foundation shall be the kahu for the remains in perpetuity.
Richard Paglinawan (Paglinawan) says Kalama contacted him yesterday seeking guidance. Paglinawan says told Kalama to follow up with Nathan, but Kalama admitted that his family is from the Big Island.
Diamond says the clock is ticking.
Gora says that Queen Emma Trust is a fraud and the burials should be left in place.
Stuart Lau (Lau) gives a brief summary of the project and says they plan to sell the property.
Josephides says Queen Emma will get more money for selling the land and the money will go to Queen's Hospital. What LCA were the burials from? The parcel of Peke?
Shideler says they were close, but if you overlay pages 10 and 12 of the burial treatment plan, they appear closer to the Nahua award.
A motion is made to accept and approve the burial treatment plan and relocate the iwi to South Halawa. (Josephides/McQuivey)
Chuch Ehrhorn (Ehrhorn) says it bothers me that Queen Emma is trying to clean their property of iwi to get more money and the iwi are being moved so far away.
ROLL CALL VOTE:
Kini &endash; Yea
Shirai &endash; Yea
McQuivey &endash; Yea
Kruse &endash; Yea
Josephides &endash; Yea
Ehrhorn &endash; Nay
Diamond &endash; Nay
5 YEAS; 2 NAYS, Motion Passes.
E. VARIOUS ELECTRICAL IMPROVEMENTS PROJECT AT FORT DERUSSEY, WAIKIKI AHUPUA`A, KONA DISTRICT, O`AHU (TMK: 2-6-5:001)
Information/Recommendation: Informational Presentation by Army Corps of Engineers on Upcoming Electrical Cable Replacement Project.
David Grant (Grant) of the Army Corps of Engineers introduces project. A burial treatment plan will be prepared for the January meeting.
Lori Lucking (Lucking) says the project is an upgrade of electrical systems. Some new trenching will occur and the existing lines shall be examined. Many iwi have been found at Ft. DeRussey before.
Grant says that only 10% of the new electrical lines will be in new territory.
Josephides recommends that they contact the Victoria Ward, Robinson, Allen and Foster families. The Kipapa family had a summer home adjacent to Ft. DeRussey and we will submit information to SHPD.
Other possible family names mentioned include: Paoa, Fong, Wiederman and all Wal-Mart descendents. Army Corps of Engineers should contact the Board of Water Supply (BWS) and Communications Pacific, Inc.
Sara Collins (Collins) says this project falls under NAGPRA law and Section 106.
Pua Aiu (Aiu) says that BWS has a list of cultural monitors.
Tom Shirai leaves meeting at 2:35 PM. Quorum is maintained.
Continuation of agenda item C:
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 Burial Sites Program Staff.
Chair entertains a motion to go into executive session pursuant to HRS 92-5 (A) subsection 4. (Josephides/Kini)
VOTE: ALL IN FAVOR.
A motion is made to go into open session. (Ehrhorn/McQuivey)
VOTE: ALL IN FAVOR.
A motion is made to defer lineal descendency recognition claim of Keana`aina's to the Department for review and recommendations to the Council. (Ehrhorn/Kruse)
VOTE: ALL IN FAVOR.
F. CASE UPDATES/INADVERTENT DISCOVERIES
Information/Status Updates/Recommendation: Status Update on Ulehawa Beach Park Inadvertent Burials and Reinterment, Ma`ili, Waianae (TMK: 8-7-005:001); Status Update on Tusitala, Waikiki Investigation (TMKs: 2-6-024:034-040, 042-045); Status Update on Tusitala Vista Elderly Apartments Project, Aina Hau, Waikiki, (TMK: 2-6-24:70, 71); Status Update and Chronology for Sunset Beach Colony Subdivision, Kaunala, (TMK:5-8-06:46); Inadvertent Burial Find at Kaiona Beach Park, DHHL, Waimanalo (TMK: 4-1-:03:16); and Status Update on Mokapu Peninsula Repatriation, Marine Corps Base, Kaneohe.
Ulehawa Beach Park Inadvertent Burials and Reinterment, Ma`ili, Waianae
(TMK: 8-7-005:001)
Josephides says that Kana`i Kapeliela called him 3 times regarding this burial. Kapeliela visited the site with Muffet. Josephides went on his own, but did not see anything and tried to reach Kana`i.
Tusitala, Waikiki Investigation (TMKs: 2-6-024:034-040, 042-045)
Carney says the Department recently received a reply from Okada Trucking and they are working on a response to a previous letter from the Department.
Tusitala Vista Elderly Apartments Project, Aina Hau, Waikiki, (TMK: 2-6-24:70, 71)
Council recommends soil analysis to determine original location of iwi.
Inadvertent Burial Find at Kaiona Beach Park, DHHL, Waimanalo (TMK: 4-1-:03:16)
There have been three inadvertent burials found. They fall under NAGPRA jurisdiction because on DHHL land.
Status Update on Mokapu Peninsula Repatriation, Marine Corps Base, Kaneohe
Kalei Kini says he has no update.
V. ANNOUNCEMENTS
NAGPRA Workshop November 11, 2004; 9:00-12:30
Diamond reads email announcement from Pat Zell, Senate Committee on Indian Affairs.
VI. ADJOURNMENT
Meeting is adjourned at 3:20 PM.
Respectfully submitted,
Mary Carney
Burials Facilitator
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