HomeMy WebLinkAboutRES 075 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Council — March 12, 2013
Action: Postponed to the call of the Chair; never taken up again
Re: Res 75-13; Comm. 164 (2012-2014 term)
COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
75 13
A RESOLUTION URGING THE MAYOR TO IMMEDIATELY IMPLEMENT THE
WEST HAWAII SCHOOL IMPACT FEE.
WHEREAS, the 2007 Legislature passed the School Impact Fee Law, which became
Title 18, Chapter 302A, Section 302A-1601 through 302A-1612 of the Hawaii Revised Statutes;
and
WHEREAS, the School Impact Fee Law requires new residential developments within
designated school impact districts to provide land for schools or pay a fee in lieu of contributing
land proportionate to the impacts of the new residential development on the existing school
facilities; and
WHEREAS, the School Impact Fee Law also requires that new residential developments
within designated school impact districts contribute to school construction impact fees
proportionate to their impact; and
WHEREAS, the purpose of this law is to ensure that new residential developments
within identified school impact fee districts contribute a fair share toward the construction of
new, or expansion of existing, public school facilities; and
WHEREAS, a key reason the Board of Education (BOE) selected West Hawaii to be
the first location for implementation of this program was that compared to other districts within
the State, there were more proposed sizeable developments in West Hawaii that would not
otherwise be subject to providing for school facilities construction; and
WHEREAS, the Hawaii Department of Education (DOE) made a concerted effort to
involve the West Hawaii community in designing the school impact fee program, including:
1. A public notice of hearing, a detailed map of the proposed district, and a display
advertisement concerning the proposed West Hawaii school impact fee district were
published in the October 17, 2008 edition of West Hawai `i Today;
2. Numerous public hearings on the proposed West Hawaii school impact fee district;
3. An updated analysis on the West Hawaii district released on March 13, 2009; and
4. A status and educational meeting with the Leeward Hawaii Planning Conference and the
Kona-Kohala Chamber of Commerce on December 29, 2009; and
WHEREAS, on April 15, 2010, the BOE adopted the West Hawaii school impact fee
district, to commence on July 1, 2010; and
WHEREAS, on June 1, 2010, Assistant DOE Superintendent Randolph G. Moore met
with Mayor Kenoi to explain that the implementation of the program would take minimal effort
on the part of the County; and
WHEREAS, the County's role in implementing this program would consist of providing
those affected with notice of the requirement when seeking related permits and direct those
parties to the DOE to calculate the fee owed and how to submit payment; and
WHEREAS, the County of Hawaii refused to comply with the West Hawaii school
impact fees program; and
WHEREAS, on July 1, 2010, the DOE announced it would suspend immediate
implementation of the West Hawaii school impact fees to allow time for the County of Hawaii
to make arrangements to cooperate in participation with this program; and
WHEREAS, one of Mayor Kenoi's objections was that the school impact fee had not yet
been implemented in other Counties; and
WHEREAS, on November 18, 2010, the BOE approved the Central Maui and West
Maui school impact fee districts and on January 1, 2011, the DOE began collecting school
impact fees on Maui, which total $380,461 for the first two years; and
WHEREAS, by failing to implement this School Impact Fee Program, the County of
Hawaii has lost substantial funds for educational facilities in West Hawaii; and
WHEREAS, the Mayor has yet to implement the school impact fee program; and
2
WHEREAS, the education of our children is of highest priority to the Council; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby urges the Mayor to immediately implement the West Hawaii School Impact Fee.
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this
resolution to the Honorable Governor Neil Abercrombie; Kathryn Matayoshi, Superintendent of
the Hawaii State Department of Education; the Honorable Mayor William P. Kenoi; and the
Director of Finance.
Dated at , Hawai`i, this day of
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST
2013.
RO UCED BY:
COUNCIL ME ER, COUNTY OF HAWAII
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
AYES NOES ABS EX
EOFF
FORD
ILAGAN
KANUHA
KERN
ONISHI
POINDEXTER
WILLE
YOSHIMOTO
Reference: C-164/PC
RESOLUTION NO. iS 13