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[quote]
"or was it just taxpayer money to the charter school based on enrollment and the school made the decision on their own to use that location?"
Yes this is how Charter schools operate.They do not get a facility expense per pupil like regular DOE students.Are you implying charter school children do not deserve to have a school building.
Whats your point?
As far as the DOE building schools thats something else, basically the DOE/state has power over the county and can put a school anywhere they want. Charter schools are different unfortunately, lets not commingle the two its completely different.
The problem is in our Puna community of about 40,000 people there
IS NO ZONING FOR SCHOOLS
We need at least one school zoned lot in every 2 square miles throughout the State.
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In one of my conversations with Councilwoman Naeole, she told me that she thought it was awful that HPP has no schools or shopping. Perhaps some of the Waters of Life folks could discuss their zoning issues with her or her aide, Tiffany Edwards-Hunt. I have found both of them to be very approachable and willing to listen to citizens. The Puna Community Development Plan intial draft addresses this sort of thing, but it will take Council action enact zoning changes once the CDP is approved.
Being a resident of HPP, I support schools in the community and village center development for shopping and service businesses. The concern of Water of Life's neighbors over noise, traffic, or whatever might be able to be dealt with in some constructive way if everyone works together for a compromise. These sorts of compromises would perhaps not be necessary if the County had done the sensible rezoning ten or twenty years ago. As it is now, there are very few places left to put schools or shopping in HPP that would not be next to somebody's home. There are several 20 acre parcels set aside for such purposes, and of course people live next to those, but at least they are big enough to absorb some pretty decent sized facilities. The problem is that, to my knowledge, those parcels are not zoned for their intended use.
One last thought: Don't people in residential neighborhoods all over everywhere live next to schools that are bigger, noisier, and more traffic laden than this one? Other than the zoning thing, what's the bugaboo about this one?
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quote:
Originally posted by anela1111
[The problem is in our Puna community of about 40,000 people there
IS NO ZONING FOR SCHOOLS
We need at least one school zoned lot in every 2 square miles throughout the State.
There is no "SCHOOL" zoning. You have Residential, Agricultural, Commercial and Industrial zoning with sub-sectors of each. I believe Schools are permitted by right in RCX, CN, CG and CV zoning and by permit in RS, RD, RM, RA, FA, and A. This is normal zoning standards/practices used in many places throughout the U.S. It’s not a Hawaii thing.
The question is did the school apply for a permit to use agricultural zoning as a school or did they just ignore the county zoning process and did it anyway?
The question of being a school is immaterial. These processes are in place for the good of the people and community. A school, regardless of its community value, isn't immune from following the law. I would fully support any educational facility especially with the limited facilities currently available, but I would expect that they follow the law.
It has come to my attention that some may think that my posting this on Punaweb was a way to make a dig at WOL.
This was not my intention at all. If you read my initial post. I simply said that this may affect some of you, and I linked it to a major newspaper article.
Please people understand that I'm simply the messenger here and please don't take this personally upon me.
If you have a problem with the way the Starbulletin wrote the article, then you should address them.
Hope I didn't set off any alarms or make anyone think that the sky was falling!
Damon
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Coming home soon!
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quote
[The question is did the school apply for a permit to use agricultural zoning as a school or did they just ignore the county zoning process and did it anyway?]
I did state "ALL" the charter schools in Hawaii county are illegal under the current rules except I think Connections which is in one of the RARE zones you mentioned. Many wasted precious time and money (taxpayer dollars) trying to get them but failed, go ahead and try to criminalize the educators and families.
I say its the State/County thats the criminal for not adequately addressing the needs of there communities.
The zonings not there dude and bickering with you about the stickling of the CURRENT UNREASONABLE laws is unproductive and I don't have the time.
Do your own research pull up the zoning maps and let everyone see where these zones are NOT, just try to get a special permit, a school would not get past the EIS among a multitude of other things.
But I will tell you this so you may better grasp the situation.
When the charter school movement began there were no formal policies in place,then people started complaining or whatever and WOLPCS found themselves in litigation so the ruling was interpreted that charter schools have authority like the DOE, meaning they supersede county rules.So they proceeded to supply our communities with much needed schools.Then some other politician came in and said I am going to interpret this ruling differently,hence making all the charter schools illegal.
The county understands to a degree the problem, so there stance is do what you have to and we won't bother you unless theres a problem.
Existing Charter schools don't want to make waves and possibly cause trouble until the laws catch up to what our communities need.
So charter schools are trying to follow the laws but like I said its almost impossible, especially when the rules are not clear or even reasonable and left up to who knows interpretation.
Answer this Bob why is it that the DOE can do what ever they want but charter schools can not?
Are you saying a starving man should die because its illegal to steal a loaf of bread or would you find another solution?
You seem to have issues with comprehension and I'm tired of repeating myself so unless you have a DOABLE suggestion that will help the HUGE problem affecting the families of our state I'm done.
Hint: Telling people to get a permit they cannot get is not the answer.
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It's not that I don't comprehend; I'm just not able to follow the issue as it relates to HRS and HCC. This is based all on the assumption that the issue at hand is that the school is operating on agricultural zoned land without a special use permit. If that’s not the issue causing this latest bru-ha-ha in the press, disregard everything.
So let me go down my list and you can correct where I'm mistaken.
1. You file for a special use permit to operate a school on agricultural land.
2. It's a $250 application fee.
3. A public hearing is scheduled
4. Notice is made to the surrounding property owners of that public hearing.
5. You make your presentation and answer any question the County has. The public can comment also.
6. The county assembles any documentation they nee to make a decision.
7. Based on your presentation, public input and the County reports, the application is approved, denied, or approved with stipulations.
8. Any denial or approval with stipulations must be accompanies by a detailed basis for the denial or stipulations by the County along with all supporting evidence and documentation they used to make the determination of denial or with stipulations.
9. If you disagree, you appeal to the circuit court for review.
10. If the County does not act upon the application within 90 days, your special use permit is automatically granted by law.
Both HRS and HCC authorized an exemption of zoning for schools upon application and review. The law is also clear that a School should be given a permit to be either built or operated in Agricultural zoning unless the County can document that it would have an adverse impact on the community. But if the community is supporting the school, what basis did the county use to deny the school the permit necessary to be legal in agricultural zoning?
I'm not against the School; I'm trying to understand the mentality of the County for denying a special use permit. If zoning issues are being decided by the County based on nothing or in violation of HRS and HCC, that's a big problem that the people must be made aware of. But it all hinges on if the school did in fact attempt and followed the proper procedures of applying for the permit. If they did and it was denied, the County needs to explain why and that why had better conform to the rules and regulations. But if the school didn’t apply and just decided to operate, you can’t blame government when they were never given the chance to legally allow the operation
In the meantime, I’ll as my brother –in-law, what are the legitimate grounds for denial of a use or special use permit for a school in agricultural properties in Hawaii County. I’ll send those to you when he gets back to me.
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quote:
Originally posted by Greg
Aren't Malama Waldorf, Christian Liberty, HAAS, Cindy's school, and other private and charter schools on Ag land?
Malama is on one of the 20 acre parcels same zoning as the storage facility, aren't they?. HAAS has applied for their special use permits.
This isnt the first issue that WOL has had in their years regarding land use. They had them up in HI Acres years ago. I think planning drectors way before Chris Yuen were dealing with WOL issues.
quote:
Originally posted by Damon
This news may affect some of you.
Na Wai Ola Waters of Life Charter School could be placed on probation or lose its charter today for operating on agricultural land without required permits,.....The K-12 school has been teaching children out of two rented houses at Hawaiian Paradise Park ...Waters of Life, with about 180 students, has until Feb. 27 to close one of the sites or face daily fines that start at $100, Yuen said. The department also sent the school a letter warning it to close the other home by Feb. 19...........The Charter School Review Panel will meet today at 4 p.m. at the Board of Education's conference room to consider revoking Waters of Life's charter or giving it one year to resolve the matter
According to todays Starbulletin
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Coming home soon!
I was informed by a PW member of the following:
The meeting got cancelled at 6 last night after 13 parents,
students, and staff bought airplane tickets to testify on behalf of
WOL.
I'm really glad that the parents and students made an effort to get to Oahu to be present at the meeting. It sucks they cancelled it.
However, I'm wondering if anyone came over yesterday (thursday) to attend This Hearing[?]
DISCUSSION/RECOMMENDATION FOR BOARD ACTION ON 2008 REGULAR SESSION LEGISLATION RELATED TO THE BOARD OF EDUCATION, DEPARTMENT OF EDUCATION, HAWAII STATE PUBLIC LIBRARY SYSTEM, CHARTER SCHOOL REVIEW PANEL, AND/OR CHARTER SCHOOLS
I hope the board didn't pull a fast one[  ]
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Waters of Life won a temporary reprieve Thursday from having its charter put on probation or revoked outright, after members of the Review Panel learned the school had been assigned representation by a deputy attorney general just the day before. The panel deferred action until March 27, saying the school ought to have the benefit of legal counsel.
From todays WHT
If you would like to listen to the actual board meeting, you can listen to it Here
I'm glad the school was able to get representation the day before and shortly after I posted here.[  ]
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Once again... don't shoot the messenger here folks.
Just read the Following
School Director Katheryn Crayton-Shay said she depended on the two property owners to get permits. Without them -- unless an appeal is made -- one house has until Feb. 27 to close the site or face daily fines that start at $100, Yuen has said. A letter warned the school to close the other house by Tuesday.
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