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Na Hoapili o Kaloko Honokohau

Advisory Commission

# Minutes of the Meeting

April 28, 2006

King Kamehameha's Kona Beach Hotel

Kailua-Kona, Hawaii

Members present: Ruby Keanaaina McDonald, Chair; Kathleen Ahina, Chad
Baybayan, Ulalia Ka\`ai Berman, Dale Fergerstrom, Mikahala Roy, Nainoa
Perry, and JoAnne Kahanamoku- Sterling.

Members absent: Cynthia Nazara and Joseph Nahale.

National Park Service: Superintendent; Geraldine Bell, Chief Ranger, Les
Inafuku; Park Ranger Ida Hanohano; Ecologist Sallie Buchal; RCUH
Archeologist Rick Gmirkin; Chief of Maintenance Armando Ramos;
Administrative Officer, Linda Underwood; and Rita Pregana, Management
Assistant, Puuhonua o Honaunau NHP.

Guest Speakers: Dave Eadie, Rudder Development; David Tarnes, Jacoby
Development; and Dave Tuggle.

## Call to Order

##  

Chairperson Ruby Keanaaina McDonald called the meeting to order at 9:15
a.m.

Opening *pule* by Leilani Mahi.

[Opening Remarks and Announcements:]{.underline}

Bell welcomed the Commission members and announced how elated she was to
find an article in the West Hawaii paper by Caroline Lucas on
Kaloko-Honokohau National Historical Park. National Park Week is being
celebrated throughout the Nation.

[Minutes:]{.underline}

Add middle name "*Kahanamoku*" for JoAnne Sterling.

Page 4, fifth paragraph, first sentence, change *kau hale* to one word
"*kauhale".*

Motion to accept the minutes from February 10, 2006 with amendments
introduced by Commissioner Perry; seconded by Commissioner Ahina. Motion
unanimously carried.

[Statements from the Public:]{.underline}

On his own behalf, and who is a member of the Kona Community Development
Plan Steering Community, Curtis Tyler commented that from newspapers and
from attending public hearings that the DHHL is proposing to partner
with the University of Hawaii to have the West Hawaii Campus located at
Kealakehe. He said that he and thousands of others in the community
oppose this. The community has worked for 25 years to locate and obtain
a college campus for the residents of West Hawaii. The University Board
of Regents has set aside 500 acres north of Kona Palisades, and mauka of
the airport. As a person of native Hawaiian ancestry and a *kama'aina*
of Kona, he believes educational opportunities at the collegiate level
are critical for the well being of present and future generations not to
mention the job opportunities. He also strongly supports a campus in
West Hawaii but asks DHHL not to pursue the campus at Kealakehe.

Speaking on her own behalf, Virginia Isbell thanked the Commission
members for having this meeting. She said intentions were to have a
regional park at Kealakehe, where the golf course was going to be. They
have contacted the Governor's office to ask to keep that with the County
for that purpose. She has expressed her dismay to Mr. Micah Kane that
the park has shrunk to a smaller park with a hospital in one corner, and
the community college next to it. She assumes that if there is going to
be a college, that DHHL will build it because she doesn't see the State
putting college campuses in two places. Isabel wanted to make it clear
that they were not contacted when the plan was put out, nor did they
give permission to use the photos in the plan, and she had nothing to do
with the planning. She stated that DHHL needs to back off and take
another look at what they're doing.

Kupuna Hannah Reeves expressed her concern with what's happening in the
community and agrees with Mr. Tyler. She stated there are many things
that are happening in Kona that is not *pono*, not right, and we need to
fix that. She asks what is happening to our land, the *iwi*, the caves,
and the trails. There are many concerns from the mountain to the sea
which needs to be protected, everything in Hawaii will be destroyed once
they starting building. The Hawaiians will have no existence when they
start building, proof of our people who lived here for generations will
be gone. She is not against everybody; but expressed that her job is to
protect old Hawaii because in the future, the old Hawaii will be gone
once they keep building.

[Presentations:]{.underline}

Chair McDonald announced that the commission members of Kaloko Honokohau
National Historical Park are concerned with what's happening around the
park area and have invited the developers to do a presentation.

[Shores of Kohanaiki]{.underline}

Dave Eadie introduced himself as the CEO of Rutter Development
Corporation who is currently developing the Shores of Kohanaiki. He gave
a short history of Rutter Development which is a third generation home
builder based on the mainland who has been involved in many large
residential projects over the years and felt they've done a sensible job
in developing and working in communities. Rutter Development got
involved with Kohanaiki in late 2002. With the knowledge of a very
contiguous piece of property and with respect to NANSAY, they wanted to
find a way to informally work with the community before they got
involved in any applications, site designs or anything like that.
Through the Office of Mayor Kim, and the participation of community
members, and at the time it was Councilman Tyler and is now Councilman
Pilago, Councilwoman Isbell, who all got involved in an informal
committee arrangement with community members who have been with the
property for some time. People like Angel Pilago who was deeply involved
with the NANSAY litigation, Junior Kanuha who is here today, certainly
Geri Bell and Curtis Tyler who was also on this committee. Basically the
idea was to have an open discussion about the property and what the
expectations were. The property zoning allows for several thousands
homes or resort of hotels, not to say it would be approved, and it was
approved through the NANSAY plan and eventually that met it's end in the
courts as well as Native Hawaiian gathering rights being conferred by
the Supreme Court. The goal of Rutter Development is to find ways to
address community concerns; specifically, what parts of the property
were of most concern as well as to develop a project that would be
economical. This committee had about a total of seven meetings with the
idea that we would meet at the Mayor's Office in Kona. There would be a
dialog on each particular topic of discussion of the day. There were
discussions about how far access should be to the beach, whether it
should penetrate the beach front laterally or should it just end at the
beach, and through the process which took about six months. We had a
meeting of the minds where the major components of this property with
respect to what to do and what not to do were hammered out by this group
who represented the white fabric of Kona and Hawaii in general,
including the *kupuna* who were *kama'aina* to the land and they had a
very big say in the whole process. So before we even met and filed the
application, this all went out and we ended up revising the plan. The
applications were filed in the summer of 2003 and it was approved by the
Hawaii County Planning Commission in the fall of 2003. Since that time,
we've been involved in designs and the beginnings of development.

He said there are things out there that we are not happy to see, but you
apply water to it and do your best to try to minimize any kind of
associated impacts. We're going through the project now and the project
grading will probably take another four months, and then we will be
going down to putting in the pipes and the streets, and develop a public
park.

From the site plan there is a 92-acre parcel land between the highway
and the development. He explained that from the highway, roughly marker
#95 there is an access parcel where you would come in to an entry area
for the housing development. There will also be a public road that goes
all the way down to the beach and laterally to the middle of the
property. Basically the land size is 450 acres, what we're doing is
coming in with a project we feel that will be economical and no more
than 500 hundred homes. On the *makai* area, they're planning to have
approximately 86 custom lots. Pods will be situated within the golf
course which will have various residential areas that eventually have a
total of 500 units. They're maintaining a 50 foot set back from the
Mamalahoa trail of unimproved lava. The golf course is being developed
in a way that is going to engender the support and certification by
Audubon International to receive their silver certification. Basically
it's a methodology of developing, maintaining, and operating the golf
course in a way that is sensitive to the environment, mainly how to
apply fertilizers and .to design it in a way as not to do anything to
the anchialine ponds. The site itself has a number of preservation
sites, primarily on the edge of the property that have been integrated
into the project and all preservation sites will be preserved as well as
the 47 anchialine ponds. We've had some problems in trying to design the
golf course in the *makai* and have sought and received permission from
the Hawaii County Planning Commission to remove some of the anchialine
ponds but it wasn't our desire, and since that time we've been able to
redesign the course to not have to do anything like that.

Other ancillary features on the property as well as the residential
community, is a golf course with a club, and tennis facilities for the
community members. There's also a residential beach facility which is
basically an area of activities for the residents. Down in the park area
there will 121 parking spaces which are designated parking spaces
primary in the area of what is called Pine Trees because that's where
the main activity and beach is, camping facilities will be provided, and
the roadway will have a designed wall that will alternate on either
sides with openings to walk through. There will be restrooms with
showers and toilets, a canoe *halau* which will be maintained by
community members. The site line was established in the SMA permit,
we're very mindful of site lines particularly from the National Park,
and all of those sites lines will be maintained.

He continued to say there are conditions of approval where a Kohanaiki
cultural committee has been formed and in those conditions it talks
about how that committee will administer the gathering of additional
clans or visitation of these sites. The Kohanaiki cultural committee
will have a role in doing that. Presently the members of that committee
are George Kahananui, Chad Baybayan, and Hannah Springer has agreed to
take Angel Pilago's place. Mr. Pilago was rescinded from the committee
because he's now a Councilman.

Commissioner Sterling asked how many preservation sites is there, and
whom will they fall under. Eadie wasn't sure if there are eighteen
preservation sites or not. There's a site preservation and burial
treatment plan, a record that's been approved by various bodies, and the
implementation of other administered that goes with those agencies as he
understands, DLNR. Commissioner Sterling said she has concerns for the
future of the preservation that can be under EIS regulated under that
but who will continue based on the preservation plan. Eadie said that
the preservation plan itself talks about how it is to be preserved and
presumes the homeowner association would have to be involved in some
regard as with the County, and the Park where these preservation sites
are. Commissioner Sterling asked with whom? Eadie replied that he didn't
have an answer to that but it's in the documentation that's been put in
a safe place. Commissioner Sterling stated that the overall development
is under various groups, for example the golf course is separate, the
preservation, the shoreline, etc. Eadie replied yes, except the County
will have jurisdiction over the park. Approximately 109 acres will be
dedicated to the County of which a portion will come back to Rutter
Development by way of the golf course and resident facilities. The fee
title will be conveyed to the County, and that will probably happen.
They have their preliminary process right now together with the Planned
Unit Development application. The PUD basically is required to allow for
private type specs that are not typical for your grade system which is
the standard specs under the County.

Commissioner Roy asked if the 121 parking stalls are for the public,
Eadie replied yes. Commissioner Sterling asked if the golf course is
included with the 121 parking stalls. Eadie replied no, the golf course
will generate so many people, and it's just internal and the parking lot
will be within the so called campus area. Commissioner Ahina asked if
there will be guard shacks. Eadie replied that there will be a guard
shacks which they will probably work out with the County, and when you
have camping, there is a gate that will close a certain time.
Commissioner Ahina asked how they will assure parking spaces will be for
the public, and not for the guest or residents. Eadie replied that there
will be ample parking for the residents. Commissioner Berman asked how
many will be able to go in at a time to camp. Eadie replied that the
County will be administering that and is not sure if it's going to be
any different to what is already established.

Commissioner Fergerstrom asked how high the lots are being built off the
original ground level along the *makai* side of the road. Eadie replied
that the whole land plan was dedicated to following the existing
topography; it's not an AD elevation going down to sea level. Our
development with the grading concepts is higher here respecting
basically what it is in topography and then going lower as you get
towards the ocean. Probably around 35, and no higher than five feet
above the highest natural grade around the beach area.

There are two things Eadie stated that they've been trying to do that
are rather non standard. Typically what you do in a project that's
physically removed from facilities is to build a package plan for
sewage, a self contained waste water treatment plant. That's not highly
desired as Superintendent Bell can tell you as it has potential for bad
things to happen. We've been talking to the County about running our
sewer down to the Kealakehe Wastewater Treatment Plant, upgrading that
plant with respect to its water quality - - treated water coming out of
it. Right now it's our treated water that can't be used for anything.
Our purpose in trying to condense this plan is to take our sewage down
to the plant and have a line come back with treated wastewater to the
R01 level which is not really drinking water to be used to irrigate the
golf course. This is a tremendous pubic benefit because right now the
sewage plant takes its R2 and R3 treated water and dumps it into a sub
that goes into the ocean. Initially, we're talking about 1.3 million
gallons per day from the plant and using it for irrigation. It's a
tremendous cost to do that, certainly a lot more than a package
treatment plant and water development on-site. There were no takers for
the golf course in Kona as far as responding to the RFP. We've proposed
an alternate way to use the treated water which I've just described.

Commissioner Sterling asked if that sewage treatment will help supply
the surrounding areas. Eadie said it was a good question. He stated that
their proposal to do this program is predicated in getting the water
sooner rather than later because they need it eventually when the golf
course is developed. They're certainly amenable to talking with the
County and others who want to participate in upsizing so that there's
more water to share for others as growth occurs in the Kona area. We
need to be careful not to expand this program to where it's a major
public works project that will take ten years. The goal initially was to
have a program where we can alleviate the immediate concern of the 1.3
millions gallons a day and to the extent we can accommodate people's
request. We're kind of a short track because of the necessity to get
water here. Commissioner Sterling asked if it will extend across the
highway. Eadie said it will actually go down somewhere between the
highway right of way, 2 miles to the plant and back, a sewer pipe on the
lower part and the reclaim pipe coming back on the upper part.

Eadie continued about the traffic in Kona and the fact that when it goes
to a 4-lane divided highway in about ten years or less, the access will
no longer afford the left turn access out of the property. People coming
from the Shores of Kohanaiki wanting to go north would have to come down
to Hina Lani, make a U turn and go back. Similarly, the Kohanaiki
Business Park cannot turn left when the 4-lane divided highway goes in.
So we've gotten together with principals of the Kohanaiki Business Park
and we've approached the State of Hawaii who owns the Queen Kaahumanu
Highway to see if we might at our expense, put in a frontage to the
point that it will intersect with the Kohanaiki Business Park. This
improvement would basically allow us eventually to come down the
intersection, and go north which will allow Kohanaiki Business Park to
turn left. We have not received a favorable reaction from the State on
this. They have a 300 foot right-of-way with an 8-lane divided 3 way
which basically would still allow the frontage to be built within their
right-of-way. But they're resisted doing this because it's different,
it's not standard, it hasn't been done before. What it does is it
promotes traffic calming in it's own little way, and it seems to me
there's plenty of room on either side of Queen Kaahumanu highway to do
this in the future, and frontage roads have been proven to be great
devices so that's one of our objectives this year.

Eadie said the National Parks would be interested in what's happening in
the facility closest to them. The resident beach facilities which is
approximately little over 3-acres and what they've done is try to have
minimum buildings that provide amenities for the residence. Pedestrian
bridges over the anchialine ponds to get to various areas such as pool,
restroom, shade-house, refreshment area, and beach hut. Commissioner
Fergerstrom asked if the pool was man made, Eadie said it's man made and
explained that it will be a residential beach facility, it's a marketing
necessity, it's something from day one that was one of the provisions of
the plan and eventually supported by everyone through the process. The
whole 109-acres will get an easement back for the golf course holes and
that residence beach facility, so the easement goes back. Commissioner
Fergerstrom asked if that area is off limits to the public. Eadie said
yes, it is a private operation. Commissioner Fergerstrom said its County
land and asked why didn't they keep it in their own hands instead of
going to the County, and the County is giving Rutter Development
easement that says the public cannot go there. Eadie replied yes, he
said the public can go north to south. That question was debated at
length with the planning commission, and the mechanics of how the thing
worked and how they've got a map with one big lot area dedicated in
stages and have this come back at a later date because it wasn't
identifiable with the anchialine ponds. At the time with all the
vegetation all around, you couldn't identify particularly where it was
and make a lot out of it; we thought it was best to do a perpetual
easement. Commissioner McDonald asked what type of water will be used
for the pool, will it be part of the anchialine ponds, or will they use
salt water. Eadie said it will be freshwater that will be chlorinated.
Commissioner Sterling asked about the 18-acres of the parks boundary.
Eadie said it was a long story but during the process of going through
the project proposal with the community members and then with the
planning commission. There was a lot of dialogue as to whether the
National Park should be in the administration of it. Some community
members didn't' feel it made any sense, Superintendent Bell and I have
had long discussions about the ability to do this in the first place
because they had no funds to acquire it. To make a long story short, the
County basically said in the final analysis that they should be the ones
to have it all and that is what went down.

Eadie displayed a chart that he felt was important to show which
demonstrates the thinking that has evolved from the time they originally
had the project approved. We've had a large structure that was 8,000
square feet of 30-feet high in mind at the time, since then our thinking
is to minimize.

Commissioner Roy stated that as a community member and a group member of
an organization, they would have loved to have seen what Eadie is
presenting and that's why she appreciates it. Thanks to Junior Kanuha,
she was kept abreast but that was minimal. Roy said that between the
years 2000 when the project had been implemented to 2003 when it has
been approved, there are many people who would have loved to be part of
this plan. She for one is soaking up every word of information because
she has not been informed.

Commissioner Ahina quoted from the last advisory minutes which said that
there will be a ten foot buffer zone which is like a ten foot no build
set back between the National Park and the property but from what she
understands, that is no longer because they are grubbing right up to the
property line. I'll just say that when Superintendent Bell and I talked,
I had always said that 10-feet would be our construction limit and
housing vertical structures was a reference, and we've had discussion
about how poor it is sometimes with communication between people, but
basically it's a 10-foot setback to any structures. The grading limits
in some cases do get within 4 feet. He also mentioned that there are
special set-backs here that have been established through the SMA
permit. Where ever the property lots get a little close to the ocean,
there's a special 100 foot set-back from the edge of the lot to any
structures. Commissioner Ahina asked what types of structures are
planned at the edge of the National Park Service; she wouldn't want to
see a tall structure overlooking the Kaloko pond. Eadie stated that the
residential lots will be one story and one story theoretically 35 feet
high which is County standards, although it's a condition of approval
that they can't be more than 30. He doesn't see those structures being
35 feet high and feels it more a 22 or 23-feet high. The County
ordinance allows 35 feet high and they're conditioned to maintain no
more than 30. Commissioner Ahina asked how close to the line will the
structure be built. Eadie said it could be as close as 10-feet; we're
not down to that stage. Commissioner Fergerstrom asked if the lots in
the front will not be more than 5-feet high and the ones next to the
pond will not be higher than 5-feet from the ground. Eadie replied that
the lots in the front will be not be more than 5-feet high, and is not
sure how high the structures will be on the *mauka* side. Commissioner
Fergerstrom expressed his concern is that they're going to have a
20-foot structure on top of a 44 foot high embankment overlooking Kaloko
pond. Eadie was not sure exactly what the grading plan is and doesn't
think it's that high. Commissioner Fergerstrom stated you have already
agreed to the County and so we cannot change that, it's the law. Just
like how you got perpetual easement for County land so we cannot change
that but there is a real concern here that you're going to put a high
structure over Kaloko pond, a place that has extremely historical
significance. For the spirit of the community, Fergerstrom asked that
they keep the structures small. Eadie's answer to that was that he will
get together with Superintendent Bell to go over the grading plan and
see what it is. It may not be a problem, and we can certainly get an
answer.

Commissioner Ahina asked if Rutter Development has credits or have it in
their budget to help communities around the area. Eadie responded that
indirectly they do, in two ways. The first is that they have an
affordable housing department which is an on-site situation and we are
addressing that. The second is that everybody was concerned that the
park would be degraded just like some of our County parks. The
maintenance of the park will be one-third County, and one-third
community members who have been involved and taken care of Kohanaiki
over the years, and another one-third the homeowners association. From
the homeowners association, I assure you that the park will be
maintained at a higher standard of quality than most.

Commissioner McDonald asked if they are still working on preliminary
plans. Eadie said that when they get to the vertical part, the
buildings, and the answer is yes, it's still conceptual in evolution. As
far as the grading, plans and the operations, that is underway right now
in the field. Aside and apart from the certain adjustments where we can
make them, and maybe it's possible, he doesn't know Commissioner
McDonald said the housing is still conceptual, and asked when it will be
confirmed and stated that she has worked with many developers and have
never heard of that. Eadie replied that actually there are quite a bit
of that, like custom lots, for instance, where in five years somebody
will have a design and it will have to go through a certain set of
designs review and criteria that we've established.

Commissioner McDonald stated that earlier in the presentation Eadie
mentioned that they had permission from the County to destroy the five
to ten anchialine ponds and wanted to know how the County approved that
when it belongs to the State. Eadie replied that the County cannot, they
gave us the condition that says we could do it, and as he mentioned they
have no plans to destroy the anchialine ponds. If they wanted to destroy
it, they would have gone through the Corps of Engineers who has
jurisdiction over the water of the United States, and we would have to
apply for a permit.

Commissioner Roy asked why the Audubon is not gold level. Eadie said he
and Jerry Rothstein have had many discussions about this and he knows it
backwards and forwards. The gold level talks about having to adhere to
the standards for the whole community including some the residential
areas where it's so strident that it would be difficult, like if a
person wanted to have a flower that was sensitive or fragile; and well,
it all came down to our plant pallet that would allow the community to
build in their yards would be severely diminished by that and so the
silver standard does that.

Back to Kaloko pond, Commissioner Fergerstrom asked if the proximity of
the pond provides an increase value to the retail value to those lots.
Eadie said he didn't know, he thinks the notion of ocean view is what
drives those lots, not necessarily the pond.

Commissioner Roy stated that for the matter of the record, she would
like to say that it's always been a prime concern for the keeping of the
water, and that Superintendent Bell knows as she has been a part of the
strong defense of what the Commission stood for. So therefore, the
concern for the water is really high. Also, she appreciates all the
questions that have come up, and would like to say again that as a
community person, she has not been a part of this planning and is very
concerned with this planning system.

Commissioner Baybayan asked Eadie if he was going to get back to
Superintendent Bell regarding the height of the structures, Eadie said
he would.

Commissioner Roy addressed Eadie and asked if they could please refer to
the highway as the proper name as it is important and respect to these
lands that have names. The archeology was done long ago and is of
concern because we are obviously sister-brother to next door and the
members know what Kaloko is. This is not easy and it wasn't easy when we
had our site walk and saw what the public sees everyday as you grade. We
have strong concerns, not against Mr. Eadie personally but she wanted to
give feed back. There are a lot of people who have not given voice to
this, and then to have precious artifacts found. We know what this is
all about, you need to be respectful of the community to ask first
because we're not clear with the State Historic Preservation Office, and
they're not out of hot water with the people. Eadie replied that he was
glad that this was brought up because he hasn't mentioned about the
findings of the *ki'i* in his presentation. He stated that they are
"haoles" from the mainland and have no pretense about knowing anything
about that so at first they followed the protocol of consultation. The
Department of Land and Natural Resources, and the State Historic
Preservation Division was involved all the way along. We've had some
conflicting views on how to do the consulting. We have been approached
by a group of people who asked us to go into the cave and do further
documentation and to establish in their own view how they might be able
to determine the significance and how we might go about a consultation
process that is the right thing to do. We claim no ownership with the
*ki'i,* and want to deal with the community who knows what to do with
them. He recognized its diversion viewpoints on what to do with them.
But just to walk you through, they did allow a group twelve men, all
with some native Hawaiian blood, along with an archeologist who is a
native Hawaiian from a different archeological firm to enter the cave in
late January. It was done with the greatest respect and which all have
been documented in the paper which I'm sure you've read about it. If you
haven't, I'll be glad to furnish copies. The next step in that process
is to have a broader consultation which is not limited to the twelve
men; it has to recommend to us to deal with it. That broader
consultation is going to be in the form of the Kohanaiki Cultural
Committee serving as a sounding board for people in meetings like this,
where their viewpoints of what to do with dispositions of the site
itself and all that's associated with that findings are thoroughly
vented. Now that Hannah has been appointed to the Committee, it's our
obligation to set the meeting up in a month to six weeks, typically and
realistically it will probably take that long to have adequate notice.
Basically, that is the next step where they will entertain viewpoints
and will condense those and try to make sense of what to do with the
site, whether to stay or be taken out and have it curated if National
Park for instance, or whatever it might be. He wanted to make it clear
that they have no claim or interest in it and will not do anything with
it but abide by the wishes of the community. Commissioner Berman pointed
out that none of it is owned, we are all caretakers of this land and
because we deal with a lot of emotions because of what it is. Eadie
agreed.

Commissioner Sterling said that she would like to see the County's
proposal for the site and what is to be developed. She would like to
hear the interpretation from the County's side. Eadie stated that he is
sure the County would like to share their viewpoints.

Commissioner Perry stated he's upset particularly at the part of a 30
million dollar home overlooking at Kaloko pond. As a commission member,
one of his responsibilities is to build a cultural center for our people
to go and experience in the park. Our people would like to practice our
culture, our traditions in some degree of privacy, not with people in a
30 million dollar home looking down on us. He wanted Eadie to be aware
that if it means that they will have to plant huge trees for blockage,
that's too bad. Eadie replied that it was a good point, your planning
director recognizes that also, and there is a condition of approval.
There's vegetation along that is interrupted with just vacant areas, and
one of the condition requires additional vegetation, whatever that might
be, to effectuate to what Perry is asking for. There is that condition
of approval you can rely on, he wasn't sure what the vegetation will
look like, but that potential exist and that's in the conditions if you
look at the SMA's.

Questions opened to the public:

Junior Kanuha said he attended the KCC Construction meeting, and the
question of that meeting was what Commissioner Fergerstrom said earlier,
how high the berm is, and the reply was that it was up to the developer.
This year, the recommendation through the collaborating visions of the
community was open, and it was decided to put a canoe halau. Why?
Because the canoe landing is there, but that has been changed. Junior
pointed to the chart that was displayed to show which acres belongs to
him and asked what Rutter Development will give him for the land he
owns. Rutter Development is planning to construct a private residential
community and he asked if the homes could be built further back as they
are too close to his property. Junior said that he has only 1 ½ acres up
*mauka* with a 20 foot setback, but they have a 4 foot setback and he
doesn't understand that. Eadie explained that it was just the grading
part and not the homes itself. Junior said that it was still close to
the berm. Eadie explained from the first their first meeting at the high
school when they didn't have any plans, just a blank sheet of white
paper, and that sheet said they've envisioned access houses, the park,
and they talked in general. What happened in the evolution was that a
year before, they filed an application and then we went through the
drill with the County. Eadie said he can't say that he's ashamed of the
land plan that was designed but is the results of collaboration of which
Junior was part of and is grateful of that. Junior said that the issue
of the problem is more so for the beneficiaries. How do you tell a
person they cannot pick *limu* because it's private property? Eadie
replied that this is a very small facility in relation to the big
picture. As far as he knows, there is no limitation on any types of
gathering rights. Junior explained that the first time he saw this firm,
Rudder Development, is when he was on his boat. Junior has not been down
to the project and said from the ocean you can see the berm and ask what
are they doing. Eadie said there is no landscaping, there. There is
nothing that is going to soften that which is all part of the process.
Junior said earlier he mentioned that it was five feet and now at this
point, its 50 feet.

From the audience, a woman asked how far back the set-back is from the
ocean to the lots. Eadie replied that it varies anywhere, from 350 to
900 feet. She asked if they will be putting vegetation and using
fertilizers near the berm area. Eadie replied yes. The woman said that
when that happens, the runoff is going into the anchialine ponds, and
asked how they plan to protect that. Eadie said the anchialine
management plan that was approved basically addresses safeguards and
concerns and makes recommendations as to how to go about the maintenance
of the area to minimize, eliminate or have not existed of any kinds of
effect to the ponds. The development in general means that there's going
to be impacts but they're all mitigated as far as he knows, and the
anchialine pond management plan describes it.

Curtis Tyler said the proposal to upgrade the Kealakehe Wastewater
Treatment Plant is obviously an important proposal. He addressed the
Advisory Commission and asked them to pay attention to the ponds which
are currently sites for native Hawaiian birds. They are very important
sites and know that there are several different types of sewer systems,
some of them are anaerobic, which means they are closed systems; others
are aerobics means they are opened to the ponds.

Mr. Tyler also mentioned that at the first meeting that was held by
Eadie, the first thing he mentioned to Eadie was the 18-acres. Tyler
said he went to Washington twice to meet with Congresswoman Mink and
also her successor, Congressman Case, regarding keeping the 18-acres as
part of the park's boundary that have already been authorized. Quite
frankly, Tyler is stunned from what he heard this morning about the
proximity of these properties. He asked the Advisory Commission to
please continue to pursue this. With all due respect to Mr. Eadie and
Rutter Development, this is wrong and it should stop. When he was a
Councilman, Tyler met with the previous buyer before Rudder Development,
and they were proposing to build a one single resident down on the
southwest corner, and it was a very tense issue because they wanted to
get close to the park and the shoreline. It ultimately didn't happen
because it was within the 18-acre parcel. Tyler asked the commissioners
to work on that.

Commissioner Roy said that in memory of her sister A'alanauna Roy Akana
who wrote the oral histories for the park, and to those *ohana* that are
still here whom she interviewed, she asked why you are not listening to
the *ohana*. Because she's part of the community and she understands
that they have always been organized, just like what they did with
*Ali'i* highway and other big issues. Commissioner Fergerstrom asked Roy
if she is asking if she wants them to consider someone from the
commission along with Hannah. Commissioner Roy said the question is why,
and with no disrespect to the commissioners but this why she has issues
with the State, because consultation process should go to the families.
All of us who are related and have been there. It should be *kupa* and
she is a strong believer in that, and therefore she takes her stand to
the State level and we need to demand in some ways that our culture ways
are followed. We should be listening to our people who are *kupa,* they
are there, why are they not being asked and respected. I understand
Mayor Harry Kim has assembled a special group that doesn't want to talk
to the *ohana.* Commissioner Fergerstrom felt that those issues should
be addressed to the Government agencies.

Commissioner Sterling recommended a member of the commission to be part
of this on-going process. Commission Chairperson McDonald volunteered.

Mr. Gonzales stated that it was mentioned earlier about the 109-acres
and also the increments, and why is it not dedicated. Eadie said that
the 109-acres is dedicated and deeded, some of that comes back for open
space usage. The whole idea for that is the golf course cease to exist,
the County wanted to make sure that it remain public open space. Another
question pertains to the reclamation process in dealing with water, what
are they doing with the solid waste. Eadie said their proposal is to
make the sewage directly to the plant in the same trenches where we have
the reclaim water coming back to us, so the sewage would be taken off
site in the normal sanitary sewage process rather than having a
wastewater treatment on site. Gonzales said that the solid waste that's
coming out of the reclamation process, you're going to generate solid
waste, what are you going to do with that. Eadie replied that the sewage
goes to the plant, the plant would be upgraded to treat the sewage, and
whatever products are generated stays at the plant, and the treated
water comes back to us, like a normal sewage plant.

Ku'uipo Kalahiki Morales asked that the lauhala trees are being
destroyed and asked if they could plant lauhala trees so we could use it
to weave. Eadie said they are open to that, and the condition of
approval says that they have to use native Hawaiian plants.

Commissioner McDonald said she sees a lot of heavy equipment in the
Kohanaiki area. Eadie said that they have a person there that they're
using through the archeologist office which he feels is adequate.
Commissioner McDonald asked what machine does this monitor follow. Eadie
explained that after you get into an initial area that's being monitored
and then they're reworking that same area again and again everyday,
that's where the archeologist and the monitoring goes to another area. I
know we're going beyond what's normally required. McDonald didn't feel
they're going beyond and suggested they need more monitors because it's
such a huge area, so how do you plan to anticipate any kind of
interruptions. Eadie said that he will rephrase it, we're going down
with the statutes, that doesn't mean that we're going beyond what's
reasonable and expectant of us but I believe the one monitor is capable
of a full time basis on the site to adequately address those things.
McDonald didn't think so. Commissioner Roy agreed with McDonald and
explained that at La'aloa she asked for their cultural monitor and they
said according to the law, so it goes back to the law. Mary Ann said
that the statues of any archeological work on private properties
operates under is Chapter 6E-42, which is the general State of Hawaii
law as it relates to historic preservation, so the curation of
agreements regarding monitoring or any other archeological work rides
with that statute. There is a set of administrative rules that is the
instruction booklet on how to come up with those plans. McDonald said it
doesn't state only one monitor per project; it's up to the people. Mary
Ann said the number of monitors is not stated in the statute; the
statute puts the process in motion for writing a plan. Commissioner
Baybayan asked if the statue requires a monitor, Mary Ann said the
statute requires State agencies or some political sub-divisions within
the State, in this case, the County, to consider the affects of their
actions through permits or direct actions on historic properties. A
monitor is required to be on this property as the condition of the
grading permit. They are supposed to be implementing this. The monitor
has to be working under the supervision of a qualified archeologist that
meets particular standards for knowledge, so there is nothing codified
regarding who does the monitoring except those qualifications.

Commissioner Roy thanked Mary Ann for her dedicated service as a member
of the SHPD strong hold for the island of Hawaii. Roy asked how many
archeologists serve on the SHPD on the island right now. Mary Ann
replied two. Roy asked if she is one of them, Mary Ann replied yes. Roy
asked if she's familiar with this issue from day one. Mary Ann said she
has been involved in the review process. Roy said she wanted to take
this opportunity to thank her because of how much she does as there are
not enough archeologists.

Norm Boyd, who retired from the San Francisco Water Department, said the
one issue that bothers him is the height limit and asked why it can't be
single story buildings. Commissioner Roy said it's because they want the
view. Commissioner McDonald said that those kinds of questions should
come up at their next meeting.

[Jacoby Development]{.underline}

David Tarnas thanked the Advisory Commission for having him on the
program. He was asked by Chair McDonald and by Superintendent Bell to
come to speak, which is a great opportunity. Mr. Tarnas is a consultant
with Jacoby Development, lives on the island, is an environmental
planner by profession, and works as an environmental and community
planner for Jacoby Development.

His presentation will be on Jacoby Development who was asked to do
planning by two different State agencies that is directly adjacent to
the National Park. He will speak on the projects and give a briefing,
the process that they've been going through, and some of the issues that
have come up in meetings with the National Park, and members of the
community in the early stages of the planning process.

Jacoby Development came here at the behest of the State agencies that
owned the land or stewards of the land of 500 acres adjacent to the
Honokohau small boat harbor adjacent to the National Park Service. It is
a public private partnership between the State Department of Land and
Natural Resources, the State Department of Hawaii Homelands, and Jacoby
Development.

Jacoby Development is a part of the Jacoby group of companies, it's
owned by Jim Jacoby, and the company is based out of Atlanta, Georgia.
Their purpose of the entire groups of companies is broad, he sees
himself as not just as a builder of buildings, but as a builder of
communities. He's shown from previous work how he tries to carry out
these values and purposes in education, energy, and real estate,
focusing on sustaining the environment. It was founded in 1975, and
started in the retail center development but then expanded in embracing
and promoted environmental stewardship in a variety of his companies and
development projects that he's done recently. The company's initiatives
are mixed use development which is community development where people
can live, work, play, and learn. It's that mix which can create a
vibrant community. A project called Atlantic Station located in Atlanta,
Georgia; has been hailed as one of the best examples of what is called
brown field redevelopment. It was an old steel mill that was purchased,
environmentally cleaned up, and with the community and Government
agencies, designed a mixed use development project. The project has seen
great commercial success and community vitality in the area. The company
has expanded to what is called equal resorts, in which there is one at
Marine Land in Florida, and as part of this project, both the resort as
well as the marine science laboratory and the original ocean area is
there as well on the shoreline. It's done in a manner to protect the
environment as it's doing construction and operations of the project.
There are several companies that are also in research ventures. In the
medical sector, Jacoby has a company called Intelamedics which focuses
on bio medical research, and he's got some work on implants to deal with
reducing the impacts of seizures and epilepsy. The company also has aqua
culture and ocean science farm. In education, there is a company called
Learning Soft which actually has a pilot program here at Konawaena
Elementary School where they actually use a hardware that is created
through this company, to assist in the learning process. Some of the
recent awards that Jacoby has received were for the Atlantic Station
project. He received the Environmental Protection Agency 2004 Phoenix
Award for environmentally friendly projects specifically in ground field
redevelopment. The Lead Certification which is a certification for
building buildings that are healthy, that are energy efficient,
pedestrian friendly, designed to use the natural environment
ventilation, and that they are healthy buildings to be in. Atlantic
Station also was identified as one of five developments, by private
developers in the United States as the best example of development. It's
a report that was released in January 2006 called Building Better, A
Guide to America's Best New Development Projects. Atlantic Station and
Jacoby Development were included as one of five developers to do that.
That's just to give you a sense of where they are coming from on this
project with a sense of values, experience, and really a reputation as
one of the Nations leading green developers. We want to come here and be
able to do a good project that meets the needs of the State's agencies
who own the land and meets the responsibilities that the community has
identified for this land.

EPA thinks that what Jacoby is doing is really a good example of how to
do this project. The project site (displayed) identifies land ownership
under title with DLNR and DHHL. The DHHL parcel is 200 acres; the two
DLNR parcels total about 300 acres. The three parcels are under
agreement to Jacoby Development; DHHL has signed a master lease with
Jacoby Development effective February 2004 which is specifically for the
purposes of mixed use development, that commercial mixed of retail
hotel, time share and a golf course was also included in that project.
There is no permanent residential allowed, and the reason is because its
lease land, it still remains under public lands. Instead, it will be
temporary accommodations, time share, hotel, and transit accommodations.
Our community, are neighborhood is really surrounding us, the National
Park, Laiopua and the Kealakehe community are two of the existing
communities and there be other numbers that will grow around it. DLNR
went out with a request for proposal following a similar path with DHHL,
and that went out in 2002. State agencies have talked about doing this
development for almost three years. They've asked for community input,
even in coming up with the request for proposals about what does the
community want to see. DLNR came back in early 2003 which they had a
community meeting and said for decades they've wanted to expand the
harbor at Honokohau. We're coming to you saying, we don't have the
public money to do it. We need to find a private partner to help us
build this public infrastructure, there's two primary public
infrastructures that they're looking to develop. First, was the expanded
harbor. The other is a connector road that would connect from Kealakehe
Parkway, cross the Queen *Liliokalani* Trust Property and connect to
Kuakini Highway with graded Old Airport. That's a connector road that's
been in the General Plan, the State had agreed to build it, across Queen
*Liliokalani* Trust Land some twelve years ago or so but the State
decided to tell Jacobi that they will have to build the road. Right now
Jacoby is working with Queen *Liliokalani* Trust to confirm the corridor
going across their property. It really is the decision of Queen
*Liliokalani* Trust, not Jacoby Development, we need to build the road,
and Queen *Liliokalani* Trust decides where the road will go. So the
State said to the community they can't afford it, they need to bring in
a private developer. What else can this developer do, as part of the
development agreement; they would allow them the development of the land
surrounding the marina so that they could finance this. The financing of
the new harbor and road would come from the project itself, and there's
a variety of means in doing that. The public gave input to DLNR and said
basically the same thing as DLNR, mixed uses, which include retail,
restaurant, commercial light industrial, hotel, time share, public
parks, and public spaces and expand the marina. In September 2003,
before Jacoby submitted the request for proposal, they held a community
meeting which lasted for three days. The meeting was with community
members and leaders to give input to Jacoby so that the proposal would
reflect community desires. The proposals were submitted to DLNR, the
land board finally approved a development agreement with Jacoby in
November 2005. So we had the lease in February 2004 with DHHL, the
development agreement November 2005 with DLNR. While there's been talk
and community input over the last three years, it's really now just
starting with the DLNR agreement, that we as a project team, now can go
out to the community asking for input, showing them conceptual plans.
He's met with over 100 individuals in meetings, and is now starting to
give presentations to groups. His intentions are to continue with the
individual and group meetings so that he can gather the input and put it
with the planning and design team of Jacoby so that even at this
preliminary stage can put a project together that reflects community
desires. This is only the beginning. This year, Jacoby has to produce
three documents which are the draft EIS, the Master Development Plan,
and the Core Infrastructure Plan. Those need to be completed by the end
of 2006.

A few things about the project that Jim Jacoby is laying out as
guidelines - make it energy efficient, make it a model for green
development, make it people friendly. He recognizes this as a core piece
of property that is in the northern end of the urban corridor of
Kailua-Kona. It's a very important place if we can do it right. Kona is
experiencing a lot of growth related changes with traffic, and with
infrastructure deficits, across the board. This project can help to
address some of these infrastructure deficits in a way that it could
help the broader community, and that is what they aim to do with this
project.

The preliminary concept plan (displayed) is basically in response to
DLNR and DHHL proposals. Talking in regards to the plan (displayed),
Tarnes explained from Queen Kaahumanu highway, the alignment at
Kealakehe Parkway might not stay the same going across to Queen
*Liliokalani* Trust property but it would connect to Kuakini Highway.
When the plan came out about three months ago, there were some
significant things that the community said we needed to change. The
first plan had four commercial parcels along the highway. They took one
out to make it open space and also brought in a lagoon with brackish
water in order to provide additional habitat for the birds. The idea is
not to use the golf course, even though the golf course was allowed in
the initial agreement. Jacoby decided it's wasn't best to put in a golf
course, he said listen to the heritage of the land, this land speaks to
the ocean, this land has heritage of the ocean, focus on the ocean. The
marina is the size that DLNR has requested, 45 acres, 800 slips. The
State wants us to use the same entrance channel as the existing harbor,
no new entrance channel. It's a shoreline park; initially they had the
development come straight up to the conservation district with only a
minimum setback, and Tarnes told them that it wouldn't be enough. Well,
the community spoke clearly at the meetings that it wasn't enough.
Clearly we saw from the earlier presentation in what happened with
Kohanaiki with the significantly set back, this reflects a similar sort
of set back. This is private State land, the State has leased this land
to Jacoby and they expect to get revenue from it. Jacoby is saying they
should not build on that land because it needs to have a set back for
public recreations so they will be access, but also the culture values
of the shoreline area, and that the National Park congressional designed
boundaries are right there. The project was actually backed up far
enough that the entire National Park boundaries are within the set back.
That was important consideration for Jacoby, he and the teams have
worked with National Parks before, they know the value of them, and also
the Parks have to have the ability to manage what Congress designated
even though they don't have title to the land. The first step is to show
that we want to work with the National Park, we want to have a place to
meet the needs, and attains the objectives and goals of the National
Park. While Jacoby still is responsible for it under the lease from DLNR
and hope by doing this is to reach out to the National Park and say we
would like to work with you and your cultural management teams to figure
out what to do with this area, how to manage it properly, especially in
the area which there's a number of heiaus, there's some very important
historic sites. We will not only be doing archeological survey but also
cultural impact assessment and we need to work carefully with you and
people you identify so that we can make sure that it is a comprehensive
EIS as it relates to cultural and historic impacts.

The community asks for more parking spaces in the project, not just on
the shoreline. So they've added two new park areas to the project. One
on the marina, specifically for the launching of the one man and two man
canoes which would be available to the public, on the marina that one
would be able to launch your one and two man canoes, maybe even the day
sailors. He was told by paddlers, and he doesn't feel it's an
appropriate place for larger canoes because of the difficulty with the
entrance channel and the rough sea. But we certainly are open to any
conversations about that. By listening to the heritage of the land, we
really want to pay attention to the ocean and voyaging heritage. They
hope someday, they would have a voyaging canoe that they might be able
to locate next to the park, so that there could be some connectivity to
the park but also as a living means of trying to carry on to perpetuate
what we think is an important heritage of the land.

There will be a marine science center as part of the project as an
educational infrastructure in the community, making it available to the
schools. They've met with the principals and teachers of Kealakehe
schools and trying to get from them what should this science center be
what it should have in order to build at your capacity to teach
students.

Tarnas said there will be an area called the community area. This is
because of the request for the need for community facilities. Plans are
underway for the location of the facility; initially the ideas that have
come up are job training facilities, and a health and wellness resource
center.

From the map displayed, he explained what the color meant, the yellow
marking are timeshares, the brown are two hotel sites, and the purple is
a mixed of a hotel with a marina commercial village. The idea being that
this would be a public promenade along the marina with a mixed of uses
from the transit accommodations, yacht and fishing clubs, the canoe
area, and throughout that, there will be trails for people to access to
ride bikes, a community place and not an exclusive resort. This will not
be a gated community, it's not to be exclusive, and actually have things
the community will utilize and benefit from.

DLNR asked for an 800-slip marina, we have some issues about the
entrance channel being narrow and traffic problems coming and going.
They're currently designed to do it but in the EIS, they will have to
figure out what will work. We want to focus on the ocean, sports
fishing, and the marine science education center.

DLNR and DHHL aim to produce revenue from these parcels. DHHL has made
it clear that this is one of their best commercial properties in West
Hawaii to produce revenue, not for building homes. DLNR, same thing,
lease rent, percentage share of revenue. We're coming in with what many
would say is large numbers expecting that we will have to work on this
with DLNR. This process will continue, there's lots of time for input to
change this or that. By the end of this year, we'll have a master
development plan, core infrastructure plan, and draft EIS which we will
deliver to the Land Board and to the DHHL.

A variety of different types of commercial activities are envisioned
along the Queen Kaahumanu highway as well as surrounding the marina
itself. We're going to need to have a harbor master to deal with
traffic. The existing small boat harbor remains with DLNR, so we need to
work with them.

Public access is encouraged, it's essential, for the success of this
project that the community and neighbors feel welcomed, its public land.
A shoreline park is a significant area that DLNR felt that they would
not make money from that, so what's the benefit. So Jacobi will have to
defend the shoreline park idea with DLNR

The trail system throughout the project is planned; they've met with the
Superintendent of Ala Kahakai National Historic Trail and worked with
him as to the right way. We need to work with the National Park to find
out how to connect to the National Park.

Jacoby's aim is to produce a marine lagoon that has Hawaiian reef
ecology in them, and these will be a higher elevation than the marina
itself; it will have sea water that will be released into the lagoons
with sea creatures, the water will cascade down through streams into the
new marina basin to assist with mixing and circulation. Key concern with
the project is water quality, and they need to understand the ground
water issues, and mixing of the existing harbor to answers those
questions about water quality. They're using the marine water in part
for creating an ambiance of the ocean, by bringing the ocean into the
project itself; they're creating view corridors that will enhance the
view plains. They are also using sea water for other purposes; they want
to air-condition the entire project with deep cold sea water. This
technology is used at the Natural Energy Lab at a smaller scale, to be
energy efficient; they want to be able to use a renewable energy
resource as a means to air condition which is usually about 30 to 35
percent of the electricity demand with a project of this size.

As mentioned earlier about the connectivity of the roads which will be
an important infrastructure that will need to be done at the beginning.
With the deficit of road connections, they need to provide that to help
deal with the traffic problems. This project will be automobile free to
help people get to the project without having an automobile so he wants
to provide shuttle service. This service is to move people whether
they're coming to work, play, from the airport, from town, and from the
surrounding neighborhood to the project itself, they don't want to
compete with Kailua village but rather compliment with that inter
activity.

Remember, we don't have a lease yet with DLNR, only with DHHL. In order
to get a lease from DLNR, Jacobi has to present them with these
deliverables, and then they'll decide if it's acceptable.

Consultant teams have been assembled. For master planning, they're using
PBR Hawaii, for environment impact, they're using Oceanix, and in the
planning packet there is a list of specific sub-consultants for all the
EIS studies, for example, water quality, marine life, etc.

Environmental issues have come up, groundwater issues are major, and we
will have to be able to address them in our EIS. We're planning to do
groundwater quality monitoring program, we have already begun
consultation with the National Park and thanks Superintendent Bell for
the invitation to attend the meeting of all the marine scientists that
are working with the National Park so that our team can work with the
knowledge and input of the National Park Service.

They've applied for permits to do the work they need to do within the
boundaries of the National Park. They've started with the marine science
area; and the next step is to approach it with the culture and historic
areas. They have not yet done an archeological survey, and would like
the public's input on the two aspects of archeological/cultural impact
assessment. The marine environment in front of the harbor within the
National Park, issues relating to protection of the species that are
there, impact to water quality, impact on the increased traffic. All
those issues need to be addressed up front.

Input has come in a variety of ways, any input is welcomed. This project
is at its beginning stages, and asks the public for input and hope he
can respond to their questions and hopefully in the future he can come
back again.

Questions opened to the public:

Superintendent Bell asked when they expect the EIS and the Master
Development Plan Public Scoping Meeting to begin. Tarnas said they will
be submitting the EIS preparation notice in the beginning of June, and
that will be the first opportunity for the public input or comment
during that 30-day period just for the EIS prep notice. The draft EIS is
to be finished by November, at which time it will be submitted to OAQC
then that will go out for review for public scoping and process and
comments of the EIS. Those are the two steps. Of course, with the
National Park Service, consultation is already being done and will
continue to do independent and parallel to the public process.

Superintendent Bell asked if there was mention of who will manage the
area within the National Park boundary, she would like to say that the
Park Service would like to do that. Tarnas said he's glad to hear that
the National Park would like to do that and will certainly convey this
to Jacoby and to the State. What they would like to propose to do is to
establish some sort of Memorandum of Agreement with the National Park on
how we go about managing the area, there's protocol that will need to be
instituting for that area, the preservation plans, and extra clearance
that will need to be done with the National Park, the interpretive plan
for area,. Any interpretive or access improvements or anything like that
is the responsibility of Jacoby. He doesn't know if DLNR would be
willing for Jacoby to transfer responsibilities to the National Park,
they have not been responsive to the park's requests to do that over the
years, and they in-turn leased the land to Jacoby.

Superintendent Bell commented for the commission that it's been said
many times over the years that we need a place outside of the culture
center where folks can come to practice before they enter the cultural
center. Maybe part of that cultural park could be the entry way to the
park's culture center. Tarnas said the cultural park is near the
shoreline, a community area of 9-acres which is adjacent to the National
Park that they're thinking of community facilities that could have a
cultural center. They need guidance on where the culture center will go,
maybe outside of the consensus circles of the park. Maybe there is a
place that this project could help to fit in with your plans. Clearly
there should be a culture component to it. Jacoby is open to any
suggestions as to where and how we can fit in to your plans. Again, this
is public land, and has been asked by State agencies to do the work.
Jacoby's responsibilities are to work with the neighbors. Your plans
have been in the works for decades and we would like to see what this
project can do to help support you in achieving your goals.

Superintendent Bell asked if there are plans for office type space in
that complex. Tarnas said yes, in the commercial parcels along Queen
Kaahumanu highway, certainly there will be office space as something we
really need. Commissioner McDonald asked if there is a possibility that
perhaps Federal and or State agency offices could be located there.
Tarnas said their responsibilities are for the parcels of the land, he
knows the plans and initiatives that are further mauka, the Civic Center
is one, and is assured by the council representative that this will go
forward and will be built. In the Keahole-Kailua Regional Plan, this
area was identified as the new Regional Urban Center to relieve the
pressure from Kailua-Kona.

Commissioner Baybayan felt that it was a good idea what Superintendent
Bell said earlier about a place outside of the culture enter and felt
the commission should discuss this idea.

Kupuna Hannah Reeves said that she would like to see a cultural building
where our people can come to see everything of Hawaii which would also
be educational for the schools. The tourist can come and see how Hawaii
use to be many years ago. Tarnas said that is the kind of suggestions
that they've heard, and that is why they have the culture center listed
as one of the public amenities. He needs the public's guidance on what
is appropriate, what is *pono*, to have in this culture center. Kupuna
Reeves feels that the old Hawaii should be back, we need to educate our
children, and our grand children. Many people from the four corners of
the earth come to Hawaii; they don't want to see new things but the ways
of the old Hawaii.

Brenda Lee said it's been a struggle to watch how our people have folded
up and gone down and not being able to function, as well with so many
people coming in. I would even say intruding on the life styles of our
people. Our people are quiet, they listen, they're gracious, all these
wonderful traits that are beautiful. When she sees a company coming from
Georgia, creating a plan in Kailua-Kona, it pulls at her heart, and
knows that they're trying to do what is good. However the DHHL has been
created for the people of Hawaiian ancestry and the reason why it was
created was because Prince Kuhio saw that our people were suffering, and
so now she sees that it's a sellout, where DHHL has said okay go ahead
and do this development. She feels this way because she fought really
hard in Hilo back in 1978 where there were two demonstrations. The first
demonstration was on State land, and Governor Ariyoshi wouldn't listen,
so our next thing was to get on the runway because that was Federal
land, or they said it was. As a result, Congress finally had to listen
because DHHL is a congressional act that at that time hardly anyone knew
anything about it. It took me from 1977 to July 1978 from when we
started to do this, it wasn't planned, but I found out how so many of
our lands were being used by the County, the State, and the Federal
Government and not being reimbursed in any way to DHHL. This was to me a
revelation of how wrong and a major corruption, and the Hawaiians were
not getting anything, but every other agencies were getting it all. She
would like to see the DHHL issue land for what it was intended by
Congress and that is to be used for the betterment of the Hawaiian
people and that involves having homes for the people that must be done
to carry out the DHHL mandate that has been presented through Congress.

Tarnas commented that the lease from DHHL to Jacoby requires payment of
lease rent plus a percentage share of revenue. In addition to that, as
part of the lease agreement, a non-profit foundation or cooperation
needs to be formed and quote from the lease that "it's to support and
promote community development, community health care, job training, and
educational and/or culture programs and projects for persons residing in
the north Kona area and or elsewhere on the island of Hawaii, but with a
primary emphasis on providing such trainings and opportunities to native
Hawaiians in the manner consistent with the compatibles Federal, State
employment and other laws. Jacoby needs to make an initial and one time
payment of \$100,000 payment to this non-profit, and in addition, they
can place in the covenants, for the development project, a requirement
that each of the different land users in all the different parcels, also
make a fair and equitable contribution. An assessment towards the
funding of the community benefits program by such non-profit
corporation". DHHL is trying to produce revenue through this commercial
development, and in addition, they place a specific responsibility to
create this foundation and provide a means for on-going support.

Commissioner Fergerstrom asked about the sewage wastewater for this
project. Tarnas said they are currently doing a feasibility study; an
engineering firm is looking at the existing wastewater treatment plant
to see what needs to be done to upgrade it. Because this project is
directly adjacent to the treatment plant; odor, noise, and capacity is a
concern and is being address through two different studies as part of
the infrastructure plan. One of them is to see what we need to do to
upgrade to meet our flow needs. But then we're also doing a more
expansive study that the County is aware of, and said its okay to do,
and that is to look at overall scenarios on how to upgrade the treatment
plant. How do we upgrade it with the conventional technology that's
being used, what are our options for upgrading in using other
technology, an aerobic digesters for example. We're even asking them to
look at what are the opportunities for relocating it, and maybe using
that project site for something else.

We've thought about all kinds of ideas, like affordable housing. We will
be required to do work force housing, reason being is that this would
create jobs; there are a number of housing in residential projects in
the area, but Jacobi will need to do their part in helping to build work
force housing nearby, and we're looking at alternatives to do that
because we can't do permanent residential housing on site. Commissioner
Roy asked about the cost range. Tarnas said he's been studying Chapter
11, the County's housing code, and there are different credits that you
get for affordable ranges of homes. They do not have an affordable
housing plan yet.

Commissioner Roy asked if there are any plans for cruise ships. Tarnas
replied that they don't have one, the existing entrance channel will not
be changed, and it's nowhere near the configuration or depth that one
would need for a cruise ship, nor do they intend to create a harbor that
would accommodate cruise ships. There was a proposal that was made to
DLNR but they rejected it.

Commissioner Roy asked Tarnas to talk about the relationship to the
existing Honokohau harbor. Tarnas said the existing lands at the harbor
is retained by DLNR, so it's the harbor base itself and the lands around
it that currently have development on it and some additional lands.
Right now the State is managing it. Jacoby is responsible for designing
a project so that it can blend well together, and we need to find out
how to do it. Jacoby doesn't control the land, it's not something we
have a say over, but clearly we want to be good neighbors. Right now the
State is trying to decide what to do with the harbor and all the other
small boat facilities on this island. Currently, the State has made an
offer to the County if they want to take over it. There is an ad hoc
fact finding committee on small boat harbors and boating facilities that
was established by the County council and that committee is having
hearings and meetings to discuss and evaluation the feasibility of the
County receiving these facilities with all the accruements.

Commissioner Roy asked who was the last party or the archeology. Tarnas
said DHHL put out an EIS pre-notice back in 2001 for the 200 acre
parcel, and among others, David Roy responded which is a rich collection
of community input over the years. In this particularly one, Mr. Roy
referred to the archeological inventory survey needing to be done but he
had his opinion about it and will share it with Commissioner Roy at a
later time. Tarnas said he thinks Alan Han has done some previous work
in that area before. Commissioner Roy stated that those comments are
well taken and that DHHL is mandated to serve for the betterment of the
Hawaiian people. The cultural impact group needs to be connected to the
*kupa* who have already been involved with the work; they need to keep
that going. There are groups in the community that are actually working
on archives. Also, that in hearing the *mana'o* from the people, they
are concerned that Kailua will be turned into a Coney Island by the
ships. The first thing you need to commit to is the state of the art
history keeping system, maybe the level would be world noted, a place to
develop oral history, a place to commit to making that be known in
connection with the land.

[Department of Hawaiian Home Lands]{.underline}

Kathleen Ahina introduced herself as the Assistant to the Director of
the Department of Hawaiian Homelands, Micah Kane. She said there are
twelve Regional plans with four goals of the Strategic Plan. The first
priority for one of the goals is to give everyone on the waiting lists
that are native Hawaiians an opportunity for home ownership. DHHL wants
to give everyone the opportunity; they do not have the funds, and will
never have funds to build homes for everyone. In thinking this through,
the DHHL came up with the Strategic Plan idea and thought why not work
with partners around us to help us build homes. If someone across the
street from us who is building something and they are upgrading the
sewer system as was mentioned earlier, why not partner with them in some
way so that DHHL doesn't have to spend millions of dollars to upgrade
the sewer system so that we could build 340 homes. Why not partner with
them so they can do the sewer system, and maybe we could help with the
highway system. She pointed to the DHHL community; these people are
electives by everyone who lives here. So these are the people that are
making the decisions for you. We have met with Councilwoman Virginia
Isabell and have not told anyone that she endorsed this plan. From the
poster she pointed out the management of DHHL who are in power, and who
are the ones making decisions for this community. Also listed are the
stake holders of this community. She pointed out the Regional map that
was displayed, and also the villages of Laiopua. She explained from the
map, showing Queen Kaahumanu Highway going through, the Children's
Center, Jacoby, Honokohau Harbor, and said that DHHL looks at the people
around us that they need to try to partner with or that are affected by
DHHL. This is really what DHHL envision, however, the Regional Plan is
ever changing, there is nothing written down that states the hospital or
the community college may have to go there. DHHL may decide after
community input, and the public may also decide after community input,
if it belongs there or not.

Ahina pointed out on the map the area that Councilwoman Virginia Isbell
talked about earlier where DHHL has identified a community college,
hospital, and civic center.

Ahina mentioned that the first priority project for DHHL was the Queen
Kaahumanu Highway. After community input, or different communities
decide, DHHL may decide that there shouldn't be a community college or
it should be a private university like maybe HPU. Again, maybe it
shouldn't be a university or college. The reason it's on the map, is
because from going to the community and from the Regional Plans, they
told us this is what they wanted.

Commissioner Berman asked when the college and the hospital would be
built. Ahina replied that she doesn't see a date but explained that she
has to look at this thoroughly and that it may have a proposed date.

From the public, a man stated that if the community college wanted to
expand, they could and they would be blocked by the hospital and the
highway. Ahina said that this is 192 acres. Commissioner Berman said
that compared to what we have now in West Hawaii, 192 acres for those of
us who attend college, this would be wonderful because right now we're
right next to a bar.

The same man stated that the highway above the airport, with aircraft
all the time and people coming back from work, after 2:00 in the
afternoon, the highway is full. With the college being built, you're
adding more traffic congestion from the airport to the hotels and that's
only nine miles. Commissioner Berman stated that if you can imagine with
five hundred more people in the first development, that's a hundred
thousand, where are we all going to go. Commissioner McDonald asked
Ahina if this is all conceptual at this point. Ahina replied yes and
said what they're doing actively right now is putting people on the
land, they're awarding leases. Kupuna Reeves asked if that is what DHHL
is doing, why it is the people are not getting the information. It seems
that you're not really sure what you have displayed. Ahina replied that
it's all conceptual. Kupuna Reeves said she sees the picture but doesn't
see the other side of where the college is at, it seems that you're
shifting, it's a wonder everybody's confused.

Leilani Mahi said that she's attended several meetings when they were
planning Palamanui and when Rockne Freitas was first introduced as
chancellor. He talked about the University campus, *mauka* of the
airport. She has in her possession a cultural impact study that was done
by Kahananui, and she's overheard on the radio and the caller asked the
question about the college, there is nothing final, and again this
morning news on the radio it was mentioned, and again nothing final. It
seems that it sounded like the Palamanui project was doing good, and
this one comes in and it just seems like they're not together. While
this community college may not be developed, it's hampering the other
one.

[DRAFT BURAL MANAGEMENT PLAN:]{.underline}

Dave Tuggle said that he is here today primarily to introduce the plan
and to get comments and to see where Superintendent Bell wants to take
if from here.

The origin of this plan is particularly within the local parks. As a
Federal agency, the National Park Service has tons of rules and
regulations and requirements for reports and plans, and compliances but
in all that, there is not a single thing that addresses the larger
picture of burial management within the parks. There are specific laws
that primarily NAGPRA on the Federal level that addresses specific
things. So what the parks have decided to do is to be collaborating, and
saying lets look at the big picture. The problems we maybe facing in the
future with burial management given a whole series of consideration, and
how to deal with a number of other things that are specific to these
parks. The Park Service has asked us to put together preliminary ideas
about finding possible problems, and suggestions on how to deal with it.
The process of doing this is that we've looked at the Federal laws, and
what has happened with any of the three parks and the subjects of this
plan in terms of problems that they've encountered, and talked to staff
members of the three parks to get some suggestions from them, and then
put all that material together with preliminary ideas, and bring it to
each park for comments and suggestions.

Some of the things in the plan are pretty much cut and dry. It's
primarily handled under Federal law, and it's just a matter of getting
the process in a very clear way so that it's handled clearly in each
park. There are a number of other things that are actually much more
difficult to deal with in the park, and we do raise these issues. Again,
we're simply a medium, we have no positions on any of these things, and
we're putting these ideas forward. Some of the specific things you might
want to consider are the problem of how you identify, if at all, the
presence of burials to the public. These are public parks; you have
potential of lots of people in these parks, not necessarily always
following the rules, about where to go and how to conduct themselves. As
we've heard this morning, the number of people you will have next door
to the parks is going to be increasing enormously within the next few
years. These parks in Hawaii are so open compared to some on the
mainland, and so easy to get into where it is difficult for law
enforcement, and so the question is, is there some way you want to draw
attention to or in some ways protect the burials in each of these parks.
As Superintendent Bell mentioned earlier, Kaloko-Honokohau National
Historical Park is a new park, the public interpretation and access is
still in the process of development, so do you want to draw attention in
terms of public information and interpretation to such major aspects of
the burials of the park. These are some of the issues we're raising and
are here today to present the plans and the background to you and are
open for any comments.

Superintendent Bell commented on the plan and said that we are Federal
parks and have the NAGPRA laws to follow, and also the State laws as
well and the parks needed a document such as the management plan to help
the parks do that. This is a step for the three West Hawaii parks on
this island. Inadvertently, there is nothing written down of how to deal
with these situations and this plan will help us manage those
situations. This plan was given to each Commission members for review
and has also been sent to all of the descendants whose names we have on
file both at Kaloko-Honokohau NHP and at Puuhonua o Honaunau NHP. On May
4, Dave will be at Puuhonua o Honaunau NHP at 6:00 p.m.with a meeting
for the descendants to discuss the plan.

Commissioner Ahina said when she received the plan she didn't know what
to do with it, so she asked DHHL culture expert, Kamanao Mills to look
it over and has a couple of points which she read "all in all the burial
management plan looks good, all the recommendations except bullet points
3 and 5 cover all three parks, and therefore a standard operating
procedures can be developed. Bullet points 3 and 5 leave it to the
individual parks to address." Commissioner Ahina said that the one area
she has concerns is bullet point 2 which is on page 20, it states "it is
recommended that none intrusive survey and burial identification
techniques, particularly the use of specially trained dogs being
investigative." She read Kamanao thoughts, "Besides the culture
appropriateness of using dogs or radar as stated to find Hawaiian
burials, there is no viable need to actively search for burials. Burials
should be discovered as it is currently, that is, as an inadvertent
discovery or during the course of an inventory survey. By implementating
this recommendation, NPS could be misperceived by the community as
"hunting" for burials."

Tuggle said the introduction to that statement for the public could
probably be a lot better if there is a desire of the parks and Advisory
Commission to identify the presence of human remains other than by the
means as what Kamanao mentioned. There are ways that this could be
approached by which that could be done other than the current method of
doing it; archeological excavation to determine if there are human
remains. If you want to do that inventory and if you want to know where
the remains are, then these are some possibilities for how that could be
done. He said having a better introduction than rather saying you should
so this, no, this is simply saying if there's some reason to do this
then there are some none intrusive ways that are being developed in
which that could be done.

On page 21, Commissioner McDonald asked how they will determine if these
are known or presume to be native Hawaiians. Tuggle said anytime there's
an inadvertently discovery, and this is after there's some exposure
involved. McDonald asked how will they determine, and Dave replied said
it's a physical anthropology matter. McDonald has if he knew by what
method. Dave said he couldn't answer that as he's not an anthropologist.

Superintendent Bell said the park has had situations in the past where
they could not determine whether the bones were human or animal so they
were sent to the University of Hawaii for determination. These parks
have been around along time, and we normally determine what they are,
unless it's earlier than 50 years than that becomes an issue.

[DICUSSIONS ON THE LIVE-IN CULTURAL/EDUCATION CENTER:]{.underline}

Commissioner Roy asked if the staging land area is behind Aiopio and if
it's State land. Superintendent Bell said it belongs to the State, and
when Tarnes mentioned that Jacobi had plans for a culture center on the
property, that is when it came to her mind, that this could be the
initial area where folks can come to learn the protocols prior to
entering the park and said former Commissioner Cachola always talked
about that. Rather than taking the people into the center and immersing
them, they need this background, they need to know why.

Commissioner Baybayan expressed his feelings in collaborating with the
adjourning property. If we can find a way to partner with Jacobi
Development we could have a staging area accessible to us that we won't
have to finance. It's not to say that we shouldn't keep on pursuing a
staging area within the boundary of the park, but that can come later.
He does not consider the park by just the boundary, if you see culture
as being dynamic, then as culture grows, you need to see as a much
larger scale than just by the boundaries of the park. He feels this is
the opportunity for us to collaborate and partner and bring the park
back, bring a lot more life to this opportunity.

Commissioner Ahina asked Superintendent Bell if it would be possible to
do a soft blessing to the culture center site in the park because this
would be a huge undertaking sometime this year, and would like to have
our delegations from D.C. to attend as this would give us strength when
we ask for money. Commissioner McDonald asked if this event would be
before or after elections. Ahina replied that the Commission could
decide when this should be. Superintendent Bell said that if the
Commissioners feels it is appropriate than maybe we could do something
like that. It may not be a groundbreaking because she's not sure about
the environmental compliance.

Commissioner Fergerstrom added that because of the dialogue that has
gone and on, the selection of the site, and the concerns, he feels this
is an okay period. Now that everyone feels good about the site, and felt
that we need some kind of stepping in the hole and moving forward but he
wouldn't call it a ground breaking. Commissioner Roy said it would be a
*ho'olaa*, which means there will never be too many blessings.

Commissioner Ahina said it's a little selfish on her part because her
term will end at the end of the year, and it would be nice to walk away
from it knowing that she turned a little bit of ground, and that we've
decided on the site area and would love to see it happen.

Superintendent Bell asked if November during the Makahiki. Commissioner
Roy said the Makahiki rising is November 17^th^ which is a Friday.

Commissioner Perry said it took more than 30 years to get to this point,
and hope it doesn't take another 30 years to get the first hole in the
ground. Superintendent Bell said it should not, although
Kaloko-Honokohau NHP is relatively new. Initially we had to purchase all
of that land which took a long time. We're finally at a point where
we're getting our projects done, we have our little hale and can now
move forward. One of the things she would like to do is a scoping
session because we have the drawings, the plantings, and feels we need
to hone in a bit more on the specifics of the center and will talk about
that a little later.

Commissioner Baybayan said that Richard Boston was to check on the
Environmental Impact Statement or Environmental Assessment for the site.
Superintendent Bell agreed and said our feeling is that we may not need
one because it may have been covered in the EIS that we did for the
General Management Plan. We are waiting a response from our Honolulu
Office. She believes that we would probably not have to do an EIS but we
may have to do an EA.

[SCOPING SESSION]{.underline}

Superintendent Bell said that now that a site has been decided on for
the live-in cultural center, she felt that we needed to sit down as a
commission and hone in on something solid in order for the future
managers of Kaloko-Honokohau NHP, and if you continue to have a
commission, than there will be a working document to continue the work
that this commission started. A scoping session would be worthwhile,
we've talked about plantings for the area, and we need to have
directions, or a vision document we can work with. She has Gary Barbano
in mind, someone to lead this session and take us to the next level.

Commissioner Roy said commission members of the past should be included
in the scoping session. Superintendent Bell agreed.

Commissioner Ahina asked what about an Indian National Park, could we
find a model to follow so that we're not reinventing the wheel. It helps
her to visually see what another culture did, how did they put this
together, this would help further understand it all, not to copy it.

Commissioner Roy said that's the reason we are not following something
else. If you listen to the original advisory members, you will hear the
format was established and agreed upon all these years. We don't need to
follow anybody else, we have it all designed here. Other parks have a
good presentation of a colonized kind of presentation, we're the only
park that necessitates that they hire Hawaiians; Congress appointed
that, we're a different park from any other park in the United States.

Commissioner Baybayan said that Ahina made a good point. This cultural
center is going to be from our voice and we shouldn't limit ourselves
just to that design. Not just the National Park Services, but there are
other Polynesian islands that have culture centers. Not to create
something that is copied, but something for ourselves based upon the
best information available to us so we shouldn't limit ourselves. We can
start on the websites. Waipa Foundation on Kauai is a good example to
start with.

Commissioner Fergerstrom said Waipa Foundation is a community group that
has a lease from Kamehameha Schools and they have *lo'i* and they're
starting to expand in the forest area. They actually make the poi and
deliver to community members, and it's become a focal point for the
Hawaiian community.

[UPDATE ON PARK PROJECTS]{.underline}

[Interpretation]{.underline}

Chief Ranger Inafuku reported that for Interpretation, Keala Ching has
been teaching cultural classes to employees at both parks, and those
have been very well received by employees. Something from Keala that
Inafuku remembered a few years ago was his recommendation that everybody
should go through what he called kupuna101 classes. At one point, he
brought that up with David Roy and feels that we really should be
thinking about that. This would help the parks for sure.

Right now, at KAHO, they have two scheduled interpretive programs per
week, particularly they're short hikes with themes, whether its turtles,
or the fishponds, but various themes.

In February, forth and fifth graders from Parker School with a total of
40 students came to the park. In March, there were 60 students from
Waimea Middle Schools, and fourth graders from HPA with a total of 20
students, and 25 students from Kanoekapono from Kauai. School groups are
our contact at Kaloko, word is getting out that there is such a thing as
a secret National Park in Kona, so we are being contacted.

We received \$435,000 of project funding for our *hale* as far as
professional quality interpretative exhibits, and also the short
boardwalk trail from *makai* end of that tile footprint on the building
down *makai* towards aimakapa fishponds up to the *a' a* flow. We have
almost a couple of years to design and implement so the interpretative
staff will be busy. This will change the nature of that especially that
it's all outdoors; we will have to be thinking about to how to build
something impervious to the elements and will not walk involuntary.

Commissioner Roy announced that Keala Ching is also a member of Na Kokua
Kaloko Honokohau.

[Resource Management]{.underline}

Rick Gmirkin said the Kaloko fishpond wall is continuing the work which
is on-going, we keep encountering winter swells. We've hired one
fishpond wall mason, Keola Swinney, who worked on the first phase of the
wall at the southern *makaha*, he's a great asset, and he's a big guy
who can really move huge rocks, and has a great attitude and has gotten
the other guys motivated again. The entire *mauka* face of the wall is
up, and they're working primarily on the northern end and
re-establishing the northern *makaha*. We're hoping within the next
month to have the northern *makaha* open and flowing, and the foundation
that we're finding is a lot different from what we thought it was, it's
a lot wider, which makes sense engineering wise because of the force of
waves that come in that area. The wall is doing well, we need money
though, it's taking longer than expected and that's because of wave
action, and a small crew. Superintendent Bell also mentioned volunteers.
Gmirkin said absolutely, those people that are going to be here in the
future that will be participating in this Live-In Center, that will be
there, learning the culture, we need them to come out and learn how to
build this wall, it's that knowledge that needs to be passed on forever,
the only way to do that is to go out there and do it. We encourage if
anyone who wants to volunteer.

Commissioner McDonald asked if there are any plans for the internal
walls. Gmikin said that the inside walls in our initial project in 1998,
we actually rehabilitated those walls but since that time, people have
been clammering across them and they've gone into a state of disrepair
but doesn't it wouldn't take much to get them up and running again.
There's more people that are down there now so he doesn't think there
will be a problem with people doing things they're not suppose to be
doing.

Commissioner Sterling asked if the weather adversity was always extreme
in past years in that area. Gmirkin said he feels forever and always,
and think that's what they're finding archeology in the wall. We're
finding that it wasn't as big as it was to begin with, it was probably a
smaller version and the waves broke it down, and so they made it a
little wider and taller, and we're doing the exact same thing, we're
learning and continuing to use the exact base.

Commissioner Roy asked if he will compile the history of the wall
project, and will you include things like what you've just said. Gmirkin
replied that he will be doing the final report for the rehabilitation of
the wall project, and that he will include what he's just mentioned.
These are the things that will be included in this document, and
actually a thoroughly history of that pond as a whole. Any photos, oral
histories, or anything I can get my hands on will be appreciated.

Gmirkin continued to say that for the cultural side of the park, they're
doing more vegetation removal along the interpretative trail, and we're
developing better ways of clearing and maintaining those areas. On the
natural side, the park has been devoting a lot of effort in recent years
because of development on both sides, a lot of that has to do with water
quality. USGS, MIT, Stanford have been coming out to the park with
monitors out in the ocean finding out about base line data so that we
can look at what type of effects will happen later on down the road and
help with other developments that are down along this coast so that they
could have a better practices and maybe learn not to build along the
oceans at all. We're also dealing with near shore, a lot of water
quality issues; again, the same organizations are doing that. We have an
active coral reef monitoring program; this has to do with Kohanaiki and
the future developments going on. We've just put in our last monitoring
pins and we're doing photo documentation, and will monitor it to see
what kinds of changes occur. We will also be doing the exact same thing
on the southern side along the shoreline adjacent to the Jacoby
development.

Commissioner Perry has if they have had any problems with dust in the
pond. Gmirkin said that he couldn't say that they've had any kind of
dust in the pond on a scientific level, but when the wind are strong and
the machinery are out there, there's clouds of dust going into the park
directly adjacent to the boundary on the north side where they've been
blasting. The footing out there is not what use to be, some of the rocks
are loose, the *pahoehoe* is loose, they've blasted within five feet of
our boundary, we're talking 30-foot drop off on their side. Dust
accumulated or settlements are visible on the ground surface within the
park.

Commissioner McDonald asks if there are any agencies such as Department
of Health that can be contacted to assist with monitoring. Gmirkin said
Superintendent Bell has contacted the developers. Superintendent Bell
said she's heard over and over particularly with land use determinations
where they don't have the staff or the time. With Kohanaiki next door,
there's so many things going on the property and there's no response.
Commissioner Ahina suggested that as individuals from the Commissioner,
or as private citizens, a letter to the editor of the newspaper on this
potential problem should be addressed and see what happens, or call your
representative and they will get on it. Commissioner Perry said he
cannot digest the fact that this is going on right next to the National
Park, and it goes on like it's a no big deal. Commissioner Ahina said
that alone is a letter to the editor. Commissioner Roy felt that she
hasn't had a chance of participating in all of this at all and is
frustrated about that.

Superintendent Bell said that they could certainly do that as private
citizens, but thinks the next step in inviting the Mayor and the
Planning Director to our meeting to explain the conditions in the SMA
permit. Commissioner Ahina asked who has photos of what they're doing;
Superintendent Bell said the National Park Service has photos.
Commissioner Ahina said that is very important, it's a million words,
and felt these photos should be presented at the meeting.

Comments from Brenda Lee who stated she was watching a video on Mauna
Kea, and not to long after that, there was a newspaper article about the
man eating bacteria at Kiholo and somehow it clicked that they are
putting half a million gallons of raw sewage which is filtering down
into our coastal waters. This will affect all the water around our
islands and felt this needs to be addressed to the County and the State.
Commissioner McDonald said she remembered reading that article and said
it didn't mentioned the bay itself, it's the anchialine ponds in the
back which is self contained and it mentioned that many people are
urinating in the ponds.

Commissioner Roy had two points that she wanted to bring up. One is how
can we foster Hawaiian employment at the park. The second matter is a
plan for a marker for our founders of the park, and Na Kokua Kaloko
Honokohau is willing to help in this. Superintendent Bell said that in
regards to the markers for the former commissioner, the NPS has specific
rules and regulations about anything that goes into the park,
particularly commemorable things. We were able to put the letter that
was signed by the commissioners displayed at the visitor center, and so
we need to be real careful about memorials, and markers, it's different.
Commissioner Roy stated that it was mentioned in the past minutes and it
was never clearly stated by NPS that this would not be a possibility.
Superintendent Bell said it depends on what they're looking at, a
commemorable marker may not be possible, like she's mentioned, something
at the visitor center like we have the letter displayed is appropriate.

[NEXT MEETING]{.underline}

The next Commission meeting is schedule for June 30, 2006, at 9:00 a.m.,
place to be determined.

[ACTIONS]{.underline}

Dave Eadie will update Superintendent Bell regarding the grading plan,
and the height of the structures near Kaloko pond.

Superintendent Bell will submit a letter requesting that Chair McDonald
to be a member of the Kohanaiki Cultural Committee.

The Mayor's Representative, JoAnne Sterling, will invite the Mayor and
the Planning Director to the next commission meeting regarding the
unanswered questions about the County's participation in the Shores of
Kohanaiki.

Superintendent Bell to make copies to Advisory member on Kamanao Mills
comments regarding the draft Burial Management Plan from Commissioner
Ahina.

Superintendent Bell will report on the objectives for the scoping
session.

Without further discussion the meeting adjourned at 2:43 p.m.

Respectfully submitted,

Linda Underwood

Administrative Officer, National Park Service

Approved for distribution:
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Chairperson