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<br />BEAUDET: Okay, so the conditions as imposed on the Open area is relative to, it’s all one
<br />application.
<br />
<br />KAY: Correct. When they originally came in back in 2004, the ordinance that passed in 2005
<br />spoke to the entire site here, which included both parcels. And those conditions relative to Parcel
<br />54 carry through with this update, or amendment.
<br />
<br />BEAUDET: And are current.
<br />
<br />KAY: And are current, correct.
<br />
<br />BEAUDET: I just needed the clarification, Mr. Tyler, so if you could proceed.
<br />
<br />TYLER: I’m sorry I didn’t make myself clear. It is confusing because it was all one parcel that
<br />belonged to Lanihau, and the history of the arch sites, or cultural resources there, goes back to the
<br />60’s, I believe, perhaps earlier; I have all that information in my file when Mr. Greenwell, etc.
<br />bought, where they could develop the parcel, what could happen. And it’s been very clear from the
<br />start of this whoever has owned this land knew that this was here, that these cultural resources were
<br />here. And as has happened so often in my almost 70 years of living in Kona, it’s best laid plans of
<br />men and women, the devil is in the details and nobody paid attention. And all of a sudden I drive
<br />by one day and I see the bulldozer tracks going through this whole lower parcel. I call Mike
<br />Vitousek and I ask him, and he tells me that oh no they’ve marked everything. I said, “You’d better
<br />go out there and check it out. There is bulldozer’s tracks all through there. I’m not blind and I
<br />know what they look like.” He went out there and he said, “Yeah, but there is no red fencing out
<br />there.” And I said, he said, “The burial area, the large burial area that’s in Parcel 67, that has been
<br />properly marked, the wall has been properly marked.” But the area that’s almost three acres that
<br />has more cultural sites than any place else almost known in Kona, gets the bulldozer to go through
<br />there. And I asked why. And I’m told that the representative for the current owner ordered the
<br />bulldozer to go through there to clean up all the rubbish from the homeless people. Can you
<br />imagine such a thing happening in the pyramids or in, I mean, it’s just unconscionable to me,
<br />unconscionable to me that this would go on. And then when I call to the attention, I speak to
<br />Building, Building says, “Oh, no, everything is fine, there is no problem.” Either people, you know,
<br />memories are short, people don’t pay attention to what’s in the palapala, but it is all here. And I
<br />want to know if the covenant that is required by SHPD about no disturbance of this area has been
<br />recorded in the Bureau of Conveyances, because it’s supposed to run with the land as is true for all
<br />burial treatment plans. I don’t see it; I don’t know. All I see is that, yes, they’ve agreed to it, yes,
<br />they are going to do it. Well, it’s not quite worked out yet, but, yes, we understand that. But is
<br />there any red fencing up there? No, there isn’t.
<br />
<br />And my point is, Commissioners, and guests and to the owner and the applicants and
<br />representatives, is I don’t have an objection to a five-year extension. I understand how these things
<br />work. But what I ask first and foremost is you meet the obligations that were called for in the
<br />County Council, called for by the Hawai‘i Island Burial Council, called for by the descendants like
<br />myself, and called for in the Plan Approval by the Planning Department, and do that first before
<br />anything else happens; because next time maybe I might not be around here, I might not notice,
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<br />EXHIBIT A
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