HomeMy WebLinkAboutCOM 0376.004 2002-2004OCP -17-2003 FRI 10:43 AM CofH Legislative Auditor FAX
COUNTY O F HAWAII STATE O F HAWAII
(tea Velill, -`
By
RHSOLDTION NO. 11803 pate. . oI,'''tr;
County Council
A RESOLUTION REAFFIRMING THE POLICY OF HOMERULE AND REQUESTING 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
follows:
WHEREAS. to this end, Section 302A-1184, Hawaii Revised Statutes (HRS), reads as
"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;
(13) 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
(U) 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
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OCT -17-2003 FRI 10:43 AM CofH Legislative Auditor FAX NO. 808 961 8572 P. 02
public procurement practices. However, where possible, the new century charter school is encouraged to use
the provisions of chapter 103D: provided that the use of one or more provisions of chapter 103D 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
WHEREAS, as such. Section 25-2-60, 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. Section 25-5-72td1, Hawaii County Code, provides that a school may be permitted in
the agricultural zoned district, provided that either a use permit is issued if the building site is
located outside of the State Land Use agricultural district or a special permit is issued for such use
if the building site is in the State Land Use agricultural district: 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 HAWAII THAT:
1. It reaffimu the policy of homemle as it applies to new century charter schools and the application of
the Hawai'i County Code.
the application of the Hawaii County Code. 2
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NO. 808 961 8572
CofH Legislative Auditor
P. 03
It requests the Administration to administer and enforce all applicable Countv laws
for permitting existing and future new century charter schools. including requiring
Waiola'a Waters of Life Charter School to obtain a use permit or special permit,
whichever is applicable, 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 written decision from the Planning Department on
implementing paragraphs 1-3 within [30 14 days after adoption of this
resolution.
5. In the event that the Plannine Department fails or refuses to implement
Paragraphs 1- 3, it requests the Corporation Counsel to obtain a declaratory
ruling from the appropriate jurisdiction on the issue of whether charter schools
are exempt from the use permit or special permit requirements of the Hawaii
County Code.
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
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AN ES NOES AOS
Hilo, Hawaii ARAKAKI
CHUNG
I hereby certify that the foregoing RESOLUTION was by the ELARIONOFF
ote indicated to the right hereof 'adopted by the COUNCIL of the
:ounty oFHawai'i on -..
TACOBSON
REYNOLDS
ATTEST: SAFARIK
TU LAN G
TYLER
Reference: C-376
OUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 118 03
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