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HomeMy WebLinkAboutRES 118 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1.18 03 A RESOLUTION REAFFIRMING THE POLICY OF HOMERULE AND REQUES"PING THE ADMINISTRATION TO ADMINISTER AND ENFORCE APPLICABLE COUNTY LAWS. INCLUDING COUNTY LAND USE LAWS, AS THEY APPLY TO NEW CENTURY CHARTER SCHOOLS. WHEREAS, in 1999, the Hawaii State Legislature enacted Act 62, which, in part, acknowledged the growing national and state interest in charter schools because they provide a truly flexible, self-defining alternative for public school reform and allow students, teachers, and administrators the opportunity for innovation and increased autonomy to achieve their academic goals (SCCR No. 119); and WHEREAS, Act 62 (Section 302A-1184, Hawaii Revised Statutes) served as a comprehensive reform measure that establishes and facilitates the process of creating a charter school (existing or new), ensures accountability for academic performance of its students; provides flexibility to negotiate new contracts, to establish new procedures for personnel, and to define and establish positions; and mandates Board and Department of Education support for the formation of new century schools; and WHEREAS, to this end, Section 302A-ll 84, Hawaii Revised Statutes (HRS), reads as follows: "New century charter schools; exemptions. Schools designated as new century charter schools shall be exempt from all applicable state laws, except those regarding: (1) Collective bargaining under chapter 89; provided that: (A) The exclusive representatives defined in chapter 89 may enter into agreements that contain cost and noncost items to facilitate decentralized decisionmaking; (B) The exclusive representatives and the local school board of the new century charter school may enter into agreements that contain cost and noncost items; (C) The agreements shall be funded from the current allocation or other sources of revenue received by the new century charter schools; and (D) These agreements may differ from the master contracts; (2) Discriminatory practices under section 378-2; and (3) Health and safety requirements. New century charter schools shall be exempt from the state procurement code, chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. However, where possible, the new century charter school is encouraged to use the provisions of chapter I03D; provided that the use of one or more provisions of chapter ] 03D shall not constitute a waiver of the exemption of chapter 103D and shall not subject the new century charter school to any other provision of chapter 103D. New century charter schools shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public." [emphasis added] WHEREAS, the Planning Department has interpreted this state law to mean that a charter school operating in the State Land Use Agricultural District does not have to obtain a special permit pursuant to Chapter 205-6, HRS, but that "other approvals and permits, including those related to building, fire, and sanitation" may be needed; [July 21, 2003, letter to Ala Loop Homeowners]; and WHEREAS, Section 302A-1184, HRS, does not, however, expressly exempt new century charter schools from County laws and ordinances; and WHERF,AS, as such, Section 25-2-6Q Hawaii County Code, provides: "Use permits are permits for certain permitted uses in zoning districts which require special attention to insure that the uses will neither unduly burden public agencies to provide public services nor cause substantial adverse impacts upon the surrounding community; " and WHEREAS, Section 25-2-61(a)(9), Hawaii County Code, requires a use permit be obtained from the planning commission for schools in County agricultural zoned districts; and WHEREAS, Section 25-2-61(c), Hawaii County Code, says that a use permit is not required if a special permit is obtained for the school; and WHEREAS, while the Council supports the concept of new century charter schools and the Waiola`a Waters of Life Charter School in particular, it is concerned that the authority and jurisdiction of the County expressed in the Hawaii County Code must be exercised when it is not specifically exempted in state statute; and WHEREAS, the exercise of homerule through the use or special permit process provides for notification of surrounding property owners and public notice prior to a final decision of the permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`[ THAT: 1. It reaffirms the policy of homerule as it applies to new century charter schools and the application of the Hawaii County Code. 2 2. It requests the Administration to administer and enforce all applicable County laws for permitting existing and future new century charter schools, including requiring Waiola`a Waters of Life Charter School to obtain a use permit from the planning commission prior to operating. 3. It requests immediate correction and/or amendments of any guidelines, criteria, rules and regulations, and directives pertaining to the operation or establishment of new century charter schools to bring them into compliance with the above- stated policies in paragraph 1 and 2. 4. It requests a final decision from the Planning Department on implementing paragraphs 1-3 within 30 days after adoption of this resolution. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to Mayor Harry Kim; Planning Director Chris Yuen; Director of Public Works Bruce McClure; Corporation Counsel Lincoln Ashida; Thomas L.H. Yeh, Esquire; Waiola'a Waters of Life Charter School, Sandra Song, Esquire. Dated at ,Hawaii, this day of , 2003. INTRODUCED BY: COCflV L MEMBER, OUNTY OF HAWAII COUNTY COUNCIL ROLL CALL voTE County of Hawaii AYhs Noes nos Ex HIIQ H3W31'1 ARAKAKI CHUNG I hereby certify that the foregoing RESOLUTION was' by ELARIONOFF the cote indicated to the right hereof adopted by the COUNCIL of the HOLSCI IUH County of I lawai'i on JAC013SON RI?YNOLDS ATTEST: SAPARIK l'I J I,AN( i TYLER Reference: C-376 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 118 0`3 3 .:::BYAYSSU3:L52 4'.:. X~SAukfi{1L~:tbd'.. SL~CVi~`Yn'Hi:2•?Y.~~ ~J.6}+'.?~K.3w~. 2+i: S~Si: Jw~.r. .~{...5„~31 ..i' ~ . .