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Home My WebLink AboutCOM 0348.002 2002-2004 Tsukazaki Yeh & Moore R.RENTSUIC,va1c1 ATTORNEYS AT LAW rbl@ lava.nc~ A Limited Liability Law Company THOMAS L.H. YEH Ily@lava.net 85 W. Lanikaula Street Hilo, Hawaii 96720-4199 MICHAEL, W MOORF telephone: (808) 961-0055 FAX (808) 969-1531 mmoore@lava.nei September 19, 2003 0 t7 c.~ O n cn James Y. Arakaki, Chairman z ~1 County Council cn County ofHawaii ~ 25 Aupuni Street 3 Hilo, Hawaii 96720 ~ , c~ N Re: Waters of Life Charter SchooUAla Loop Community Association. Deaz Chairman Arakaki: As a supplement to our letter dated September 16, 2003, enclosed please find letters from the following residents in the Ala Loop Community objecting to the operation of the Waters of Life charter school on the above-referenced property without the appropriate permits: 1. Ala Loop Community Association 2. Michael Smith 3. Ed Torrison, Manager, Kurtistown Nursery 4. Chris and Rhonda Graef 5. Shelley Hanaoka 6. Elaine M. Kaminski 7. Myrtle Yamashiro and Yvette Hata, Hata Farm 8. Mohichi and Aiko Kubo 9. Kerinne Smith 10. Jo Ann Suttle 11. George Ah Chong, Jr. 12. Isaac & Karen Akashi 13. John Ah Chong and Karen Ah Chong 14. Paul Saviskas 15. Brian G. Takehara 16. George Ali Chong, Sr. and Caroline Ah Chong Comm. No. Ref. To; Ref. Dafe James Y. Arakaki Page 2 September 19, 2003 Along with the residents, we look forward to the opportunity to provide more detailed information on the subject and to answer any questions the Council may have. We hope that we can be provided the opportunity to present our position to the Council at the earliest opportunity. Please let me know when this can occur. Very truly yours, TSUKAZAKI YEH MOORE By THOMAS L.H. YEH R. BEN TSUKAZAKI Attorneys for Ala Loop Community Association TLY:nI Enclosures xc: Mayor Harry Kim Christopher J. Yuen, Planning Director Lincoln Ashida, Corporation Counsel Judge Sandra Song Representative Eric Hamakawa Senator Russell Kokubun September 16, 2003 Dear Chairman Arakaki, This attached ad appearing on July I1, 2003, was the first word that the residents of Ala Loop received about the establishment of a large public school on our road. When we attended the informational meeting sponsored by Waters of Life they told us that they planned to create a school of 300 students and planned to develop nearly all of the 28-acre site. This is a student population larger than Keaukaha or Kaumana Elementary Schools, with a campus four times as large as that of Hilo High School. Certainly none of those schools were created without zoning or planning compliance, nor did they go from escrow to holding classes in 6 weeks, as this school advertised. It is not in anyone's best interest for the Planning Dept. to continue its policy of exemption for charter schools for these reasons: First, it is dangerous. On this project, the zoning and planning processes would have examined such issues as the huge increase in traffic and dangers such as the flood channel that bisects this property. The question of pesticide residue and possibility of exposure from adjoining farms would have been addressed. Second, it is inconsistent. All public and private schools, churches and businesses must comply with zoning and planning regulations. Only charter schools have been exempted from this process, and have been exempted only on land caned for agriculture. This makes no sense. 47% of the Big Island is in an agricultural zone. This means that the fmal authority over 47% of the Big Island's land is not the County but the board of any charter school. In this particular situation, it is inconsistent with the Planning Commission's own rulings (see July 27, 1995 special permit application #95-3 attached) Third, it is unfair. There is no notification or appeal process with this exemption in place. Along Ala Loop, farms and residents have been restricted or denied water service. Why would the County meet the water needs of this very Iarge development but deny it to the property owners that were there first? This issue is important not only to the residents of Ala Loop but to the entire island. If the County does not choose to change this exemption policy, there will be many more situations like this. Thank you for your time. Ala Loop Community Association Attachment (1) 9/17/03 Dear Chairman Arakaki, As a resident living on Ala Loop, I have many concerns about the Waters of Life Charter School moving in next door to me. These concerns focus mainly on safety, with Ala Loop being a single lane road with a blind corner, and the increased traffic on the road, as well as turning onto and off the highway. On my way to work, the traffic is sometimes backed up above Ala Loop. What will it be like with the cars trying to turn onto and off Ala Loop as well? Although I am concerned with the road and traffic safety of having a school on Ala Loop, my main problem is not with the school, but with the County Planning Department for not dealing with these safety issues. Who is responsible for allowing a school to open without any prior notification to the residents? Who is liable for the accidents that are bound to happen? Who is responsible for allowing occupation to take place without permits? Who is responsible for allowing portable toilets on the premises without permits? Who assured us that no students would be on the premises without the proper permits obtained so that we can be assured that some of the safety issues are addressed? My main problem is with the County Planning Department and the Mayor who have been informed of these concerns since mid-July. They had a chance to step up and do their job, to do what is right and enforce the county laws. I would say tfiat they need to get busy and come up with the answers. Sincerely, Michael Smith Attachment (2) New Student Enrollment tai 4~tu `'Waters oE~i~e " ~aGlic Ckarter School Free-No Tuifion Accepting Applications for New Students Grades K-12 Location: Sunshine Farms (Kurtis6own/Mt. View area) Telephone:9Ci5-5882 Fa~c 935-4752 EmaiL• watersoflifepos@aol.com Our School Features: •Small Classes (10-19 students per class) •Iiands on, pri ect based, environmentally driven edua~on •Caring Teachers k Staff •Activppe Parent Iuwlvement • Boardsuln aB ~ instrucion (Smart •Bus Pick-u k ]ho -off •Hawaiian Studies Classes •Nafional Free k Reduced Lunch Program •And More! 21 Instruction Begins August Zl, 2003 Re~stranon/Info ava0able at Prince Kuhio Plaza all weekends in July k August (Friday, Saturday, Sunday) - - 7(27(og_- ~jfyofos f ' , s..++ c 7l:~60 urn ~~IIlt2t~1 D~ ~~tt PLANNWti CO1I~QSSION u A.h.t la..r. ~...IM • x..iw M7[0.1152 taon+efatea ti.aapsa~u (.'ERTTFIBD MAIL Z 416 228 814 July 27, 1995 l3reg Lee. Tntsoee Mouraain View ~ of Jehovah's Witrtases 2601Caiulani:Sttut Alto, I•II 96720 Dear Mr. Loe: - ' Special Permit Applitxdon No. 95-3 Applicant: Mouutaht Ytew t.ao of Jehovah's Witoeases Request: P.stabhahmeat of a C~~Meetiaig Facliity Ta~a+ R~r~ 1:25 The p~o~ t3osapdaaiss as de,17 advsatiasd public heariag~t oa June 7, 1995 and July 13, 1995, caoaiiawico 1if'~abOw~re~apt0e~ i6r a Special I'enpit iu accordaace with 203-b, Hawdi~Mk-a11~IgeMltlie Plug Go~inion. to.allow the e~hmeat of a ~y 1.145.atxes of lard situated arM»a the Sate Laad Uas 1,250 fact wet (Beaau) aide of We Volcmo Rad Ala Loop nttersection, Ulan Lola, Pes~tss. Iiavvaii. The Carmdaiott vetad W deny SpacW Permit No. 903 based on the foiiowing fiadPil~~ Ca~iat tto ~W Permits t~apt~itea tMtittch~a~ctiua~c~M~m to the fotiowing a. such ttu shall not be cautary to the objectives :ought to be acca®plia6ed by the Lmd ETae Lw and Reguhuiot>s; b. The dairod use shall sot adversely atTxt surrounding properties; c. Sweh see shall not untataonsbly burden 4wbiic a to ro®da and attests. sewers. water, drainage, school mtptov std fire Pte: d. Utauual cmtditions, tretris and noeda have arises since the district boundaries and reguladona were established; Greg [,ee, Trustee Mountain View Congregation of Iefiovah's Witnesses Page 2 c. The laud upon which the proposed use is sought is unsuited for the uses permitted within the diatnct f. The proposed u.9e will not substantially aloer or change the eesetNial character of the lend and the prescttt vse; g. The request wiB not be contrary to lice General Plan and official Community Development Plan and other docurnems auc6 as Design Plans; In addition to the guidelines detailed above. the Planning Cotnmisaion moat also find that the ptopoaed use: a• la as un+rwal and reawnabk use of land situated within the Agricultural or Rural Disttict, whichever the case may be; and b, . Would n+omote die efftaiverbas and gbjectives of Chapter 205, Hawaii Rr Sfaartes, as amended. While a proposed use tnuvt mat all of these txtaeria for ~proval by the iPlaoning Cotnmiasioa, a lal taay be made upon a finding of oonfllct wWi arty one of daese crltecia. The proposed test will not promote the effectiveness and objec8ves of 205, H.R.S., as noended. Chapttx 205, H.R.S., otherwise known as the State Land iLw, ~rovidea the leas! il~awttwork of brad uses in the State of Hawaii and assisted in the of the -ragge land nae objaxivea of the State and Couadea. The intent of 1~~~'~~ b~, itt'o[ECt and efteotu~age tl~ dcvelopmau of 1atWs in ~ Satea~'titaes ~ `are best wiled is Ara ia0etest of the p~ylk health and welfare of the petipkt 1nilll(;. in ttit: case d the A~t1:DiaMct. tote lstaat is to p or beep hula of high agt9cuhttrai potenthtl in itgtit~tmnl use. At the County Level, these broader statewide objectives ate ardcutabed Utra~~ Cotmty General Plan. U that respect, laud use std its twtta{aocucy with the goals, s sad policies of the Qeneral Plan will also promote the effecUvenesa end objxUves Chapter 205. H.R.S. The granting vl' ttUs pardwlar request at this particular locadon would be ittoonsistent with the objectives to besou~ to be accompiiahed by the Land Uee Law and Rngahttioos ss well as the Caumy C3enenl Ilan. A goal of the t3erteral Plan states that the Cotmty shall "Designate and aallllocate land uses in appropriate proportions and mix and in keeping wilt the social, cultutxl, and pl~yalcal eavlrormterita" while maintaieing a policy to erttwurage the devel~ and ~ of conununities reusing the Wads of ice rraideata in balance the pltyaical std social enviromtent." The applleanta prop to establish a church meeting facility within an area aervirzd by a winding, aubshtidard rooadwny. 77tis portion of O1aa Reservation Lots is serviced by Ala Loop Road, aCounty-maiMaitted roadway having a ppaavement width of only t2 fat within a 50-foot wide rigM~f--way. The increase in traffic along this substandard roadway genentod by the proposed church use would adversely affect surrounding property owners - t3reg Lee, Trustee Moutdain View Congregation of Jehovah's Wittxaaes Page 3 by atttadtttg tratidc along a roadway is which the ezistiag pavement width ie not euftlcknt to axoramodate two-wa traffic. The Caatniasion woaid be tea8saed is !b dtttks were it to approve such a use w would attt~et traffic along such inadequate. and pogtiblY hazatdoas. t~oadwars. mrrow and wiadhtg Hamra of Ala Iaop Road and the frequent ntghtl i~t to'be hefty ai the church only add to the concerns tegardh>Q the adequacy of Afa I oop Road. The 3noe Department of Tranapot~ion hen htdkated that ttcceaa oo the propecty~ y ~ Volcano High not be peter. This accxss _ lies etrEoraed a 10-foot wide at~rmt lea located aloes the pra~rty 's satire Volcano Highway , approves Special Fcrniit applkation would rot be io balaac•.e ~ physial environment of tlty portion of Puna. The dahed tree wUl oonaaomtbty burden public ageacks to provWe roedwuy and lion ~mmraseptn~av~M in previous katbta Rx similar trpa of uses, y~ Caere ~w ofd ry ~tt~a~disaraed move, the m paventar~ width aacaeraodate two-way exiatjng,q~t~of t11~ Loge Road knot auppat t~te~ church use. To require the Approval ~ f~000-foot ~ ~ ~ p~ ~ i~ aces that t~pa of aibstaadaM roadways. would txea0e hmrdotn oooditi~ which the C.outuy ra~olae and rssoive, thereby burdatiag =ovantsssal a~atcba to address inch- In to >catxlve, std sot pm-active. mantrer: The 1?naa DLtrkx has matW miles of which are taubie to aooottunodate the eulsdag tt~c keels them. '1<R incereat of the County to support as ttteasitlcatioa of land use in arse tytlpa'i~tldt Haas. This dtmiai rax~datka is shoo Imsod tra Ehe ctantdatfre iropect of similar tegaeata aiotig tfdt sabstaodatd roadway shctttW ~i8pecW Persil be The pcolifetadom of mn-ralt~l/a~ltmal uxs alan~ tha etAMtafitWd l~ ~d would el~imte plattnirq optiom awilab bo the County to maw+e dte tpdhty and w~-being of its residents sad the ~e~ec~1 lic. The Catunission has bxa ooatlstenl b its elibrta to ettaure that urea apptorred ®dte tseuanoe of a 3pocial Permit a+e wig basic facilidca and setvioa to acoemnaodate the use. Should dtie tlicectioa be abandoned whh the approval of thya tagtrest, requests alb Ala Road a ogler wbetaMard roadways moat be ti<vtxably considered, hregardless o~ the aaonlatlve ktpaaa a cwa~rtttion of arch ~ deve opntetgs may have on subsgadaod roadways. Such actloa could advately affect lands county-wide and 5nutrate fire hr's etfoRs to twinge such ucbaa-types of p+orvth m emnre adequate public facilities std servioa for all. Wilt the disaraion above, ppr~oo of the rawest watld be in dhect oo~ict with a goal of the Load Use Blemeat of Ute~l3araal Plan to Designate a~ allocate Lod uses la appcvpriate proportions and mbt sad ht laeepirtg with the social, ndtural, and physical envirorm~aus of the County" whik macotainiog a poLcy m e e the devcloproeot and nraiacewace of cxmmaadtks meedag the needs of its in baLma with the physical and social eaviroomeiu." Based oa the above considerations, it is deterrmaed that the establishment. of a church meeting hall at this location would not the effectiveness sad obj~gvcs of the State Land Use w. It is, therefore, decid thin this Special Permit a}cpiicadon be denied. (ltc>g I.ee, Trustee Mountain View Congregation of Jehovah's Witasees Page 4 As stated in Rufe 6-9, "The Planning Commission's decision is appealable to the Third Circuit Court. " Should you love arty gnestiona on this matter, please feel frce to contact Alice Kawaha of the Ptanning Departtttettt at 961-8288. Sircotsly, r.. r, Wilton K. Wong, Chairman Planning Cotnmtssion AR:syw t~taaaoz.fc cc: fitontuab7e Sbephett K. Yameahiro, Mayor Planal»a Dinxsor ' Ststa•Lawd Use Commisaloa Depattthert of Pablic Wotlcs Depart4~at of waxer Supply M~°r. xy c . xatna~ wog KURTISTOWN NURSERY P.O. Box 1540 Kea'au, Hawaii 96749 Phone: 808-968-8581 Fax: 808-968-6526 Email: Blackfoot@hawaii.rr.com 9116/03 James Y. Arakaki, Chairman, Hawaii County Council 25 Aupuni St. Hilo, HI 96720 Re: Proposed Waters of L'rfe Charter School on Ala Loop, Kurtistown. Dear Chairman Arakaki I'm asking that you place the matter of the proposed Waters of L'rfe Charter School (WOL) on Ala Loop in Kurtistown before the County Council at their Sept. 30 meeting. I had outlined to you in my 8!1/03 letter, the concerns I had regarding the establishment of a school on Ala Loop; a copy of which was faxed to Rep. Hamakawa. feel that the County has abandoned the Ala Loop Community Association; in particular, the Planning Dept. in its refusal to enforce County laws that we feel the WOL should be complying with. We've been forced to retain Attorneys in order to make our concems of health and safety issues of the children be heard. You are in possession of their extremely persuasive letters, dated 8/14/03 and 9/16/03, showing we have just cause in our request not only to be heard by the County Council on this matter, but to request prompt action. The WOL has been bussing students up on a daily basis this past few weeks, under the guise of a field trip, without building permits or certificates of occupancy by the Health Dept., using portable toilets. This wanton disregard of the health and safety of the children by WOL needs to be addressed with the utmost urgency. Our concerns aren't new or unwarranted. Ina 7/27/95 letter to the Jehovah's Witnesses, the Planning Commission rejected their proposal to build a Church Meeting Facility on Ala Loop, directly across from our 28 acre Certified Nursery. Attachment (3) The issues of concern are: Inadequate roadway and water supply. Waste water disposal. Flood (the property is bisected by a majorflood channel (we have pictures from our "100 year Food° from a few years back). Fire safety. Pesticide contamination due to the fact that the proposed school is on a former farm, and adjacent to other farms. The possibility of exposure to harmful pesticides in the ground, around the buildings, or from down wind drift from adjacent farms needs to be addressed. Is an EPA clearance necessary? I thank you for your consideration in this matter. Sincerely, Ed Torrison, Manager 08/14/200) 14:10 FA% 805 888 0082 SANTA YNEZ GARDENS ¢j 001 September 13, 2003 Chris and Rhonda Crraef P.0.13ox 1540 Kcaau, Hawaii James Y. Arakald, Chairman, Hawaii County Council 101 Aupuni St_ Hilo, Hawaii 96720 Re: Waters of Life Charter School Dear Chairman Arakala, We arc fortunate to owe twenty-eight acres on the Ala Loop a few parcels up from the proposed scarool. We will not waste your time trying to convince you that our little street is not the place for this sclaool_ Ota~ auomeys, Tsukar~Id,Yeh &Moore, made that crystal clear in their letter to County Counsel.datxrd 8/14. Practically~and legally, a school does not belong an our one lane road in our farming neighborhood. Now, without proper permits, students are arriving on a daily basis. We beg of you to take the action to require the school to adhere to the same rAtpr?g laws as the rest of us. As you know, in 1995, the Planning Commission denied a permit to a church to build an,d meet on Ala Loop, mainly citing traff c ccaceros. Wheae are those concerns now? WiD it take headmen collisions and funerals to prove the s 1995 decision correct? And will the County of Hawaii take responsibility for those accidents? Please do everything you can to protect ffie health and safety of Ala Loop residents. Very truly yours, GffncS ~'~~9- Chris and l~onda Graef Attachment (4) September I6, 2003 Dear County Council Members, We are puzzled as to why the County Planning Dept. would exempt state-owned charter schools from zoning and planning requirements. State owned public schools are not exempt. No other entity, public or private, is exempt. What was the reasoning behind this? All of us taxpayers have to follow the state and county laws, rules and reguladons. It is our money that funds the charter schools. Why do these schools receive percussion to ignore laws that we must adhere to? We notice that the County is planning a traffic survey of the Puna area. What would be the point of mapping and planning for efficient traffic pattems if a charter school can establish itself wherever it wants to and thus change those pattems without permission.? We see that the County has been asked to comply with Federal regulations regarding cesspools. Has the County informed the proposed Waters of Life School of the cost of a sewage system for 300 people? Zoning and plamiing are there for a reason. The County does no one a favor by allowing this kind of thing to continue. Sincer , Shelley anaoka Attachment (5) P.O. Box 999 Kurtistown, HI 96760 September 18, 2003 James Arakaki Chairman County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Arakaki: I reside at 17-725A1a Loop and I am writing to express my opposition to the operation of the Wai Ola Charter School in our neighborhood. According to traffic signs, transportation on Ala Loop's winding, one lane should be slow, with a speed limit of 15 miles per hour, however this speed limit is very often exceeded making it dangerous for pedestrians and vehicular traffic alike. The additional traffic and hazards which will be created by the operation of the charter school is the last thing we residents need. Also, it is my understanding that charter schools are exempt from compliance with zoning requirements, and I would like to know the authority for this exemption, as well as the rationale behind it. Thank you. Very truly yours, ~~~~~Cc-~~~ Elaine M. Kaminski Attachment (6) September 17, 2003 Dear County Coundl Members, As concerned residents of Ala Loop we would like tiD state our stance on the impending arrival of The Waters of Life Charter Scholl on the old Sunshine Farrns property. Our farm, Hata Farm has been on Ala Loop for over 30 years. As one of the first founded farms, we have viewed many changes over the decades. The increase from an agricultural to a residential population has brought about many problems such as, speeding cars in both directions and an ina~ease in traffic on our narrow road has led to many dose calls in regards tD traffic acddents. This has been a major concern for us since we are k>cated on a blind turn for traffic that is coming and going. We are concerned and troubled by a school being introduced to our wmmunity bequse Ala Loop is too narrow, too curvy, and the entrances for Ala Loop are too badly situated for traffic to flow in and out of. Thank you for hearing our concerns . Sincerely, ~"Vk~ Attachment (7) 9/17/03 Dear Chairman Arakaki and County Council Members, We are retired and have been living on Ala Loop since 1996. The quiet farm community is what appealed to both of us. There are about 25 families of all different backgrounds; some with young children, some with old children, some single, some married, some young couples and some old. The traffic that exists right now is nothing compared to what it would be like if the Waters of Life School is allowed to open on Ala Loop. We are worried about the safety of the children and all of the families that live here. There have been a few times when we have been almost run off of the road as we slowly drove around the blind curve. We would like to keep our quiet community and secure the safety of the children and everyone that lives here. This is not the right place for a school to be. Thank you for your time, ~-~-~~~~~~~-C~ G, Mohichi and Aiko Kubo Attachment (8) 9/17/03 Dear Chairman Arakaki and County Counci] Members, I am a resident on Ala Loop whose home is situated directly across the street from the proposed Waters of Life Charter School. The only thing that separates my property from theirs is a IS feet wide, single lane road. Yet, I would not have known that a school (projected to eventually be as many as 300 students) was just a few weeks away from closing in their purchase of Sunshine Farms, if I had not run into an acquaintance who informed me of the situation. I was also not aware that the school was planning to begin classes on the Ala Loop site on August 21~' which at that time, was a little over a month away. I was appalled to think that all of this could happen to my family and others in the community without any prior knowledge. As you know, there are some major safety concerns regarding the road itself and the possibility of school traffic. It is a single lane road with a blinding curve. There are no speed bumps. There are no sidewalks for pedestrians. There are no street lights on the entire road. Also, the number of vehicles traveling to and from Ala Loop in the morning and afternoon would contribute to already dangerous conditions on the highway. My first thought was to call the County Planning Department, as I am aware that the rezoning procedures are the means for addressing safety issues of the roads and traffic. I was in disbelief upon being informed by the Planning Depattirtent that their interpretation of the charter school law is such that the County Zoning Code does not apply to charter schools. Contrary to this interpretation, the Hawaii County Charter School Rules and Regulations Manual states, "Charter schools are not ezempt from the County Zoning Cade". It is also interesting that the Honolulu County and Maui County do not see the charter school law in the same way and would require charter schools to follow the county zoning code just as every other citizen does. All that I am asking is for an opportunity to address the safety issues dealing with the roads and traffic. The means for doing this is for the charter school to go through the County Planning Department and abide by the County Zoning Code. Thank you fo/r,~,y,,,ou~rrt~i~me and consideration of this matter. C\~~~Gf~ic~~~ . Kennne Smith Attachment (9) P.O. Box 20] 17-744 Ala Loop Kurtistown, Hawau 96760 September 17, 2003 To: The County Council of Hawaii: I'm writing to you because Waters of Life Public Charter School is operating on Ala Loop. My concerns are that of health and safety. When my husband and I first bought our property we tried to get the water department to allow us to have water access via Ala Loop. They informed us that the water line on Ala Loop was at it's maximum. How then can Waters of Life Charter School be allowed to open up with a population of 150 to 300 students? Let us not forget faculty and stag which increases the number of people on said property. As we know water is essential to }ife and our health. Can you imagine the amount of water to be used with that many people? How can the county allow such a vast amount of water usage, when we were told that water was a concern to the county? What about restrooms facilities? Most people here are either on cesspools or septic tanks? What would the EPA say? What are the schools plans to accommodate the humongous amount of sewage waste? In my opinion, these are both safety and health related issues. Thank you for your time and patience to hear me out. Sincerely, Q~ ,ate, o Ann Suttle Attachment (10) September 17, 2003 Councilman Arakaki Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Waters of Life Charter School Aloha Councilman Arakaki, I have teamed that the land that was once Sunshine Farms on Ala Loop in Kurtistown has been purchased by the Waters of Life Charter School and plans to operate as soon as possible. I support the school in its endeavor, however some issues have been brought up that cause great concern. The history of the land as a farm could harbor residual pesticides which would endanger the students. Such exposure would be unheaRhy, or even deadly, if excess contact to unknown chemicals occurred. Finding an antidote to an unidentified poison would be difficult. Has any testing been done on the property to ensure the land and its surrounding areas are safe for a school environment? I am a farmer and know full well the potential dangers of chemical exposure. The building itself is insufficient to house a population of over 150 students which is the amount the Waters of Life Charter School is hoping to enroll. There is inadequate sewage and bathroom facilities to accommodate this large amount of children. In the past I have made inquiries to the County Planning Department to rezone my own property on Ala loop and have been told there is not enough water supply to support more houses. How can there be a sufficient amount of water for every day use of the 150 plus students, not including faculty and staff, yet not enough water for the houses I wish to supply? As of now, there is a portable toilet placed on the back of the old farm property out of sight from the roadway. It has been placed there to accommodate the students and teachers who come to the school every day and function under the ruse of a field trip. I was informed the school was not open for operation yet. Is there no one who can monitor the actions of the teachers and the weffare of the students until all necessary permits are applied and a safe environment is created for these children? Can the Planning Department support the necessary water demand for a large school environment? It would be a great justice to the students to have the school relocate to a different area where a safer, more appropriate environment and adequate facilities would benefit alt. Mahalo for your prompt attention and action to this situation. Sincerely, t~ Gr~ge Ah C , Jr. 17-775 Ala Loop Attachment (11) September 17, 2003 Hawaii County Council Hilo, Hawaii 96720 RE: Safety Issues For Waters of Life Charter School Dear Councfl Members: My wife and I are addressing the Council to express the safety and health issues involving the Waters of Life Charter School located on Ala Loop in Kurtistown. It seems the school has inadequate bathroom and sewage facilities and is also shoaled in an active flood cane. These items and the fact that Waters of Life does not have to meet County building codes makes h a challenging situation, especially where children are concerned. Also, we would appreciate the Council addressing the reason or reasons why Hawaii County is the only County in the State that allows charter schools in agriculture canes to operate without having to meet building codes that all other counties have to adhere by. Your prompt attention to the above concerns will be greatly appreciated. Si is rely, l ~ ICG~ l ~/~~l/G , C~%~+ta-~cc Isaac & Karen Akashi Attachment (12) September 17, 2003 Councilman Arakaki Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Waters of Life Charter School Aloha Councilman Arakaki, I have teamed that the Waters of life Charter School has planned on operating and have purchased the land that was once Sunshine Farms on Ala Loop in Kurtistown. I support the school in its endeavor, however some issues have been brought to my attention that cause great concern. The history of the land as a farm could harbor residual pesticides which would endanger the students. Such exposure would be unhealthy, or even deadly, if excess contact to unknown chemicals occurred. Finding an antidote to an unidentified poison would be difficult. The building itself is insufficient to house a population of over 150 students which is the amount the Waters of Life Charter School is hoping to enroll. There is inadequate sewage and bathroom facilities to accommodate this large amount of children. I've also teamed that the school has not yet been given permission to run, however there are students and teachers who come to the school every day and function under the ruse of a field trip. A portable toilet has been placed on the back of the property which is unseen from the road. It has been witnessed that a child, who was supposed to be under the instruction of a teacher, was found wandering the curves of Ala Loop. There is a blind turn coming from either direction right in the vicinity of the school. Will it take the preventable injury of a child who has been inadvertently hit by a car to have proper attention paid to this matter? Is there no one who can monitor the actions of the teachers and the welfare of the students until all necessary permits are applied and a safe environment is created for these children? It would be a great justice to the students to have the school relocate to a different area where a safer, more appropriate environment and adequate facilities would benefit all. Mahalo for your prompt attention and action to this most serious situation. After all is said and done, it will be the smart and healthy children who will be most grateful. /f ~ Sincerely, John Ah Chong Ka Attachment (13) September 15, 2003 Aloha James, I am writing this letter in hopes that you will pass this information on to the other council members in your next meeting in Hilo. In regards to the proposed Charter School "Waters of Life," I would like to state my feelings about their unwillingness to protect their students from important health issues. My sculpting studio is quite near the area where the students will be studying, within 100 feet. Because of the method in which my sculptures are created, using flat sheets of stainless steel, there is considerable noise and harmful welding rays. This is not an area inductive to studying. This is just the first of many safety issues involved along with windy road conditions, highway access, toilet facilities, water, electric, flood zone area, etc. Will the county will be responsible if this apparern disregard for student and community safety is allowed? I appreciate your understanding in this matter. Mahalo Paul Savis Attachment (14) Ala Loop's Community Association s concerns about health and safety issues: • Continuous and spontaneous falling of bamboo canes, (70 ft. tall, 5 in. thick dinmeter,40 ft. wide) approximately 50 feet from school. • Flood zone-see attached picture. • Excessive mosquitoes breeding in the bamboo and in the abandoned reservoir 300 ft. from the proposed school. Wild boars-hazardous for children to walk between a mother and her piglets. • No secure boundaries leading to other properties. • Noise and welding rays. Windy roads and blind curves. • Single Inne road and difficult highway access. • Sewage (toilet facilities) and Septic tanks. • Handicapped access. Poor access for drop off and pick up. • Substandard electricity. • Metal structures for classrooms uninsulated from heavy rain and heat. • Poor acoustics for a learning environment-particularly for students with special needs. • Poor ventilation. • Attic rat infestation. • Oversized trees in the front and back (branches falling to the ground). Spraying of pesticides on property by renters. September 16, 2003 To Whom It May Concern: Concerning the establishment of the Waters of Life Charter School: I have been informed through the newspaper that there will be a charter school operating in the area that I work. I nm not against the education of children (my spouse is a teacher) but I have concerns about having this school in the area. One of the situations that I am concerned about is the traffic of both vehicles and pedestrians that Ala Loop may be having now that this school is here. I manage a foliage plant nursery on the Hilo end of Aln Loop. We ship our plants out of the state in Matson containers, thereby we hove Semi-tractors pulling these containers in and out of our nursery on Ala Loop on alternating weeks, as well ns other trucks that deliver supplies to us periodically. The increase of people using this road will be n concern with these tractors for both pedestrian and vehicular traffic, The newspaper article that notified us of this school also noted that if the traffic was too heavy for Ala Loop the road may become cone-way road. This brings up another concern. The one way flow of traffic would force all of the vehicles that use Ala Loop to travel in one direction that will have more traffic passing the school. Those semi-tractors that we deal with us to have to go past the school where now they can enter and exit on the Hilo end of Ala Loop, adding more traffic to the school area. Sincerely,,~~j Attachment (15) September 17, 2003 Councilman Arakaki Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Waters of Life Charter School Aloha Councilman Arakaki, It has come to my attention that the Waters of Life Charter School has bought property on Ala Loop in Kurtistown and plans to operate as soon as possible without the necessary permits required. How is this possible? Are there not any regulations which requires the school to provide a safe environment for the children? There is inadequate sewage for a student population of over 150, which the school hopes to enroll. Also, I believe it to be an unsafe area for the school because of the history of the land as a farm. Pesticides, fertilizers, and other chemicals have been used on this land and still may linger in the area potentially causing harm to the students. Has any testing been done on the property to ensure the land and its surrounding area are safe for a school environment? I live on Ala Loop and support the idea of charter schools as long as it is done in a safe environment so as not to endanger the students who attend. I feel this school should take into account the safety and welfare of its students and relocate to a different area in which to operate. Thank you for your prompt attention and action regarding this issue. Sincerely, ~Q C~ ~ ~ ~ e~`1 George Ah Chong, Sr. Caroline Ah Chong 17-779 Ala Loop Attachment (16)