Emotions unleashed

LIHU‘E — Members of the Kaua‘i-Ni‘ihau Islands Burial Council on Thursday unanimously voted to defer action on a controversial burial treatment plan for Joseph Brescia’s Ha‘ena property.

This was after deadlocking 3-3 on a motion to reject the 11th version of the plan.

The council heard several hours of emotional testimony on why they should reject the most recent burial treatment plan, the only item on its agenda at its meeting at the Queen Lili‘uokalani Children’s Center.

Cal Chipchase, Brescia’s attorney, declined to comment on the deferral.

Brescia has an under-construction home near the YMCA Camp Naue area in Ha‘ena, the subject parcel of the burial treatment plan.

On the motion to reject the plan, Council members Keith Yap, Barbara Say and Dee Crowell voted for it. New Chair Clisson Kunane Aipoalani and members Michael Loo and John Kruse voted against. Members Leiana Robinson, Sandra Quinsaat and Presley Wann were excused and absent.

Aipoalani said he voted against the rejection because the most recent plan, and other information about the plan, came to light just last week, so there was not enough time for members of the public to form opinions about the plan.

Further, he said he wants all nine board members to be present when a decision is made, and to allow more time for the public to submit comments on the revised plan.

The public has until June 15 to make comments on the plan, either in writing or via e-mail. The e-mail address for comments is dlnr@hawaii.gov, and the regular mailing address is State Historic Preservation Division, 601 Kamokila Blvd., Suite 555, Kapolei, HI 96707.

The 11th draft of the plan is available at the state Department of Land and Natural Resources State Historic Preservation Division Web site at www.hawaii.gov/dlnr/hpd.

Aipoalani, who has been involved with the burial treatment plan for the Brescia property since 2007, said the council earlier decided to preserve in place the Native Hawaiian remains (iwi) found on the property.

Say said she is concerned about the iwi, not the house under construction on the property.

Several members of the public expressed concern that burial council meeting minutes are not posted on the DLNR Web site. Around 30 people were in attendance at the meeting.

“This is an unusual case. There’s a lot of interest in this case,” said Randy Ishikawa, state deputy attorney general.

There have been numerous re-designs of the Brescia house, due to shoreline-setback issues and other concerns, and every time the house is re-designed, a new survey of confirmed or suspected burial sites had to be done, said Nancy McMahon, state archaeologist.

Louise Sausen, of the North Shore, said she saw workers on the property removing stakes marking remains sites while removing weeds, and asked them, “How are you going to know where my kupunas are? It is sickening. It is hurtful.”

Wilma Holi, speaking for Edward Halealoha Ayau of Hui Malama I Na Kupuna ‘O Hawai‘i Nei, said the most recent burial treatment plan is “so inappropriate as to border on offensive,” and violates Native Hawaiian values of malama, aloha and pono.

It is inappropriate to allow buildings and a driveway over in-place graves, she said, a sentiment echoed by nearly every other speaker to follow her.

Apparently, the property owner, builder and consultants have no problem with the heavy burden (kaumaha) this is placing on the Native Hawaiian community, she said.

“Having a house over iwi is culturally inappropriate.” Whenever a decision is made whether or not to build over a burial site, the decision should be made by the ‘ohana of those buried, not by a non-relative, she said.

The landowner is not showing proper stewardship of his land, she said.

“Simply put, it lacks aloha. Proper treatment does not mean building over iwi.”

Reading from a letter written by Ayau, Holi concluded by saying he hopes and prays that a resolution is reached so that the iwi, families of the iwi, and those who will own and occupy the house will find peace.

Kruse called the current state of affairs regarding the Brescia property “irresponsible stupidity” on many parts, including the council. “We are all responsible for the mess we’re in.

“We have a hard position. We have a hard time doing this,” said Kruse, adding that, sometimes, western law and Native Hawaiian traditions don’t mesh. There are no winners and no losers.

“Bones is what we take care of,” said James Alalem of Wailua.

Nani Rogers, reading a letter from Ku Kahakalau, voiced “strong opposition” to approval of the burial treatment plan, saying preservation in place is “desecration in place” and “absolutely unacceptable.”

The space above and below the iwi belongs to the iwi, not the landowner, she said. “Preserve in place means no disturbance” for 20 feet in all directions around each identified burial site, she said.

“You don’t build on our iwi kupuna, period,” said James Huff in a letter read by Louie Cabebe. You can’t build on any cemetery, so why can you build on a Hawaiian cemetery? Huff asked in his letter.

“Listen to the people,” he said.

Testifying for himself, Cabebe asked how a landowner could subject his family and friends to something so many people are against.

“We’re going to find iwis all along the coastline,” said Noelani Josselin. “We’re looking for harmony.” When someone like Brescia can push people around, “it’s going to keep happening,” Josselin said.

“We’re just trying to take care of what’s left, what’s there, the iwi,” said Say, saying the situation is the county Planning Department’s fault for issuing permits.

There are many problems with the burial treatment plan on a number of levels, said Dana Naone Hall of Maui, who was given additional time to speak by other registered speakers who wanted to give her their three minutes.

There are problems with recorded depths of the locations of the remains, failure to follow state rules to stop construction and hand-excavate when remains are found, and more, she said.

“The burials have their own inherent sovereignty. It’s the burials first,” she said. “They belong there,” and the council has an obligation to protect the burials first.

“We’re not proposing to take the property away,” just move structures away from the bones, she said. “They reside there. They belong there.”

The council has an obligation to take care of the iwi, and the council’s recommendation is important, said Camille Kalama of the Native Hawaiian Legal Corporation.

Mahealani Silva said a complete chronological documentation of the property should be compiled before the council even considers the latest version of the burial treatment plan.

She said the county Planning Commission’s approval of permits necessary to build on Brescia’s property contains a condition agreed to by Brescia that he wouldn’t seek a building permit until a burial treatment plan is approved.

“Why is there 11 revised burial treatment (plans)?” asked Sausen, who said she has been fighting against the Ha‘ena subdivision development for 13 years. “This is not his (Brescia’s) first” development.

All are in this predicament “because government failed us,” she said.

“It is not culturally appropriate in any way,” Rogers said of the burial treatment plan. “You gotta move the driveway. You gotta uncover that iwi,” she said.

“You guys are here today to help the people,” said Robert Pa. “The house shouldn’t be permitted above the burial sites.”

There were also concerns about a planned septic tank and leech field on the property, which an archaeological consultant for Brescia said has been surveyed and trenched without any discovery of further remains.

Deborah Ward, DLNR spokesperson, said she has gotten several e-mails from Native Hawaiian scholars across the country, also objecting to the current burial treatment plan and offering suggestions for changes.

Another meeting of the burial council on the Brescia burial treatment plan will likely be scheduled for Kaua‘i next month, Yap said.