THE SENATE

S.C.R. NO.

162

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

Urging Continental Pacific, LLC, to place an immediate stay of eviction to allow residents of Kahuku village to remain in their homes until an archAeological inventory survey can be completed for the entire project.

 

 


     WHEREAS, in 1890, the Kahuku Sugar Plantation was founded on the property owned by James Campbell; and

 

     WHEREAS, workers were imported from Asia and elsewhere and housed onsite to keep up with the production demands of the sugar mill; and

 

     WHEREAS, this is how the town of Kahuku began and was populated; and

 

     WHEREAS, in 1971, the Kahuku Sugar Mill ceased operation and the James Campbell Estate worked with the community to buffer the negative impact of its closure by allowing tenants to stay in Kahuku Village at a reduced rent; and

 

     WHEREAS, historically, plantation camps have been the responsibility or "kuleana" of large landowners to provide lifelong housing to their tenant workers and tenant workers' families; and

 

     WHEREAS, large landowners have long recognized the value and intrinsic connection between the success of the plantations and the sacrifices made by their tenant workers; and

 

     WHEREAS, today, Kahuku Village tenants include multi-generational families who have deep personal connections and experiences with the former Kahuku Sugar Plantation or Kahuku Town; and

 

     WHEREAS, Kahuku Village V currently comprises about seventy residential homes originally built for plantation workers on the makai side of Kamehameha Highway on land formerly owned by the James Campbell Estate; and

 

     WHEREAS, in 2006, Continental Pacific, LLC (Continental Pacific), purchased Kahuku Village from the James Campbell Estate with plans to convert Kahuku Village into a condominium property regime, a process that will allow for the sale of single-family residential lots to the Kahuku Village occupants; and

 

     WHEREAS, additionally, necessary infrastructure improvements are planned to be completed in and around the Village, such as existing and new roadway improvements, new water lines for fire protection, replacement of existing cesspools with septic tanks, storm run-off remediation and related drainage improvements; and

 

     WHEREAS, in January 2012, Continental Pacific began construction at Kahuku Village by installing a road; and

 

     WHEREAS, during the construction, Continental Pacific unearthed burials in an area outside of the planned construction area that was designated by permit; and

 

     WHEREAS, the State Historic Preservation Division of the Department of Land and Natural Resources has indicated that no new permits will be granted to Continental Pacific until the developer has conducted an archaeological inventory survey in the area; and

 

     WHEREAS, the State Historic Preservation Division never reviewed the Kahuku Village project to determine whether an archaeological inventory survey was necessary before Continental Pacific started road, sewer, and water work; and

 

     WHEREAS, the Department of Land and Natural Resources reported that the City and County of Honolulu Department of Planning and Permitting never notified the State Historic Preservation Division when the Department of Planning and Permitting issued permits, as required under city law; and

 

     WHEREAS, the issuing of permits would have triggered a state review; and

 

     WHEREAS, as a result, an archaeological inventory survey was never conducted prior to the start of construction; and

 

     WHEREAS, Continental Pacific is currently working with community members to formalize a burial treatment plan; and

 

     WHEREAS, section 514B-83, Hawaii Revised Statutes, requires a developer's public report to contain any facts, documents, or information that would have a material impact on the use or value of a unit or any appurtenant limited common elements or amenities of the project available for an owner's use, or that may be required by the Real Estate Commission; and

 

     WHEREAS, section 514B-83, Hawaii Revised Statutes, also requires a developer to promptly amend the public report to report any pertinent or material change or both in required information; and

 

     WHEREAS, however, in February 2012, Continental Pacific initiated the process of instituting a condominium property regime that would allow for the sale of single-family residential lots to the Kahuku Village occupants, many of whom are descendants from the original Kahuku Plantation workers; and

 

     WHEREAS, to date, no single-family residential lots have been sold to Kahuku Village occupants, and sixteen Kahuku Village occupants have been sent eviction notices by Continental Pacific while numerous other occupants have been forced to relocate due to construction; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that Continental Pacific, LLC, is urged to place an immediate stay of eviction to allow residents of Kahuku Village to remain in their homes until an archaeological inventory survey can be completed for the entire project; and

 

     BE IT FURTHER RESOLVED that the State Historic Preservation Division of the Department of Land and Natural Resources is urged to work with Continental Pacific to:

 

     (1)  Develop and implement an archaeological inventory survey for the entire Kahuku Village project;

 

     (2)  Ensure that the burial remains unearthed during construction that fell outside of the scope of the permit are properly treated in accordance with state law;

 

     (3)  Develop and implement an appropriate burial treatment plan in an expeditious manner;

 

     (4)  Ensure that within the scope of the permits granted to Continental Pacific no further burial sites are disturbed without an archaeological inventory survey; and

 

     (5)  Consult with the Department of Planning and Permitting of the City and County of Honolulu to ensure that the project proceeds properly within the scope of the permits granted to Continental Pacific; and

 

     BE IT FURTHER RESOLVED that Continental Pacific is requested to consult with the Real Estate Commission to ensure that the project adheres to the statutory requirements for condominium property regimes; and

 

     BE IT FURTHER RESOLVED that the State Historic Preservation Division submit a written report to the Legislature regarding the Kahuku Village project with respect to the development and implementation of a burial treatment plan and archaeological inventory survey no later than twenty days prior to the convening of the Regular Session of 2014; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Executive Officer of Continental Pacific, LLC; Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources; Chairperson of the Real Estate Commission; and Director of the Department of Planning and Permitting of the City and County of Honolulu.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Kahuku village; Stay of Eviction; Archaeological Inventory