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Home My WebLink AboutCOM 0564.001 2002-2004 cv or q._ Harry Kim . - ~ Dixie Kaetsa Mnyar bBI VET 1~ ~i'( Mnnaging Director w d~~P I 9}f Y~•M~i~ ' i Peter L Hendricks COiJNTY OF HAWAII Deputy Marsaging Director 25 Aupuni Sheet, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, llawai'i 96740 (808)329-5226 • Fax (808)326-5663 September 15, 2004 The Honorable Chairman James Y. Arakaki and Members of the County Council County of Hawaii Hilo, HI 96720 Dear Chairman Arakaki and Council Members: Reference Communication 564, the appointment of Riley Saito to the Kailua Village Design Commission was deferred until an opinion could be obtained from the Office of the Corporation Counsel regarding his eligibility to serve on the commission. We received a formal opinion from the Corporation Council (attached), and would like to request that Mr. Saito's appointment be considered by the Council for confirmation. Should you have any questions or concerns, please feel free to contact me at your convenience. Sincerely, v Wendell Hatada Attachment cc: Riley Saito Chris Yuen, Director Bobby Jean Leithead-Todd, Deputy Corporation Counsel Comm. No. (DN . Rcf. To• Hawaii County is an Equal Opportunity Provider and Employer Ref. L ate ~,~P 0 ,NtY OF N,w 40.V~ ~ 1 Harry Kim irk. Lincoln S.T. Ashida Mrrynr Corporation Cnunstl ; ~ Gerald Takase r~r~ oi~e~'~~ Assistant Corporation Cnunrel ~IIl2tL~~? II~ ~M~lTt[ti OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 967244262 • (808) 961-8251 • FAX (808)961-8622 August 3, 2004 Wendell Hatada Executive Assistant Office of the Mayor 25 Aupuni Street Hilo, HI 96720 Dear Mr. Hatada: Re: Kailua Village Design Commission, Coro. Counsel WRK No. 04-8220 Question Presented: Does Riley Saito need to work, reside, or own property in Kailua Village in order to be appointed to the Kailua Village Design Commission? Short Answer: No, so long as the other members fulfil the specific requirements of the County Code. Article 7, Division 1, of the County Zoning Code establishes the Kailua Village Design Commission. Section 25-7-2 establishes the requirements for the appointment of members of the commission. Specifically, the code provides that: (a) The design commission shall consist of nine members who shall be appointed by the Mayor with the approval of the council. The members shall be representative of the Kona district, provided that a majority of the appointive members shall have lived or worked in the Kailua Village for a minimum of two years prior to this appointment. The design commission members shall include two design professionals (registered architects and/or landscape architects), two members with backgrounds in building construction and/or engineering, two members with knowledge about historic Kona, its cultural values and resources, and the remaining members representing local business or property owners. llawar `i Counry is nn Equal Opportunity PI-ovider and F,mployer Wendell Hatada August 3, 2004 Page 2 (b) The members shall serve staggered terms of three years. Upon the initial appointment of the design commission, three shall serve for a term of one year, three for a term of two years, and three for a term of three years. When the term of a member expires, the member shall continue to serve until a successor is appointed. Members whose terms expire may not be reappointed to the design commission for at least two years, however, members appointed for one year or less may be reappointed for an additional term without the passage of two years time. Except as provided for in this section, the design commission shall be governed by the County Charter. Pursuant to Section 25-7-2 of the Hawaii County Code, members of the Kailua Village Design Commission shall be "representative of the Kona district, provided that a majority of the appointive members shall have lived or worked in the Kailua Village for a minimum of two years prior to this appointment." So long as a majority of the members of the commission have lived or worked in the Kailua Village for a minimum of two years prior to the current nominee, the nominee need not have lived or worked within the Kailua Village. Even if the nominee would be one of the four members who did not have to have lived or worked in the Kailua Village area, he or she would still need to be "representative of the Kona district." It is clear from this language that the words "Kona district," have a broader meaning than the words, "Kailua Village." Use of the words "Kona district" could reasonably be inferred to include both North and South Kona, as it is more inclusive. It is this office's understanding that the current nominee resides within the "Kona district," has been raised in Kona and is familiar with the Kailua-Kona Village area. Thus, Mr. Saito would be "representative" of the Kona district. The other limitations regarding membership of the commission, is the requirement that the commission must have two design professionals, two members with backgrounds in building construction or engineering, and two members with knowledge about historic Kona. The remaining three members are to represent local business or property owners. Mr. Saito is being nominated as a member "representing" local business or property owners. The language of Wendell Hatada August 3, 2004 Page Section 25-7-2 uses the word "representing" rather than requiring that the members actually be a local business or property owner. Furthermore, the language does not even require that the "local business" or "property" owned by a property owner be located within the Kailua Village area. Nor does the language of the county code actually require that the commission member be employed by a local business or property owner within the Kailua Village. CONCLUSION As long as the majority of the members of the Kailua Village Design Commission have lived or worked in the Kailua Village for a minimum of two years, Mr. Saito does not need to have worked or lived within the Kailua Village. As Mr. Saito lives within the Kona District, he is clearly representative of the Kona District and may represent local business and property owners. Yours sincerely, , BOBBY JEAN LEITHEAD-TODD Deputy Corporation Counsel BLT:pc s:B&C\Kailua Village Design Commission\04-8220 Qualifications for Appt Itr to Hatada 8-04.doc „•VM Harry Kim Dixie Kaetsu Mayor ' • Managing Direcror ' i 1!_, . 2~D4 f~Afl 21i 1 I I ~ 11 .I, DeWNManag/rtgDiresor COUNTY OF HAWAII 25 Aupuni Sheet, Room 215 • Ililo, 1lawaii 96120.4252 • (B 8 ~tl • Fat (BOSj Q61 fi553 KONA: 75-5706 Kuekini Highway, Suite IOl • ~ ,~HawaikAQ2AQj a II (806) 329-5226 • Pax (BOB) 326-5663 March 22, 2004 The Honorable Chairman James Y. Arakaki and Members of the County Council County of Hawaii Hilo, HI 96720 Dear Chairman Arakaki and Council Members: It is my pleasure to nominate the following individuals to the County of Hawaii Kailua Village Design Commission. Council District 8 - Mr. Phil A. Davis is athree-and-a-half year resident of Hawaii, and is aself-employed architect. Mr. Davis has served on several design review boards in the past, and will fill the required slot on the commission for a design professional. He states that he is not affiliated with any political party, and will replace Robin Hurlbut, whose term expired on December 31, 2003. If confirmed, he will serve a term to expire on December 31, 2006. Council District 8 - Mr. Francis I. Kuailani, Sr., is a lifelong resident of Hawaii, and is currently a law enforcement officer with Wackenhut Security. Mr. Kuailani has the qualification necessary to fill the slot for a person with the background in the culture and history, having been the superintendent for the Kaloko-Honokohau National Historic Park, the Puukohola Heiau National Historic site, and served as a ranger at the Hawaii Volcanoes National Park. He also serves as a member of the Rotary Club of Kona, West Hawaii Crime Stoppers, and is a board member for the YMCA. Mr. Kuailani helps with our youth by his involvement in the Rotary Interact Club at Kealakehe High School. He states that he is not affiliated with any political party, and will replace Mr. Angel Pilago, whose term expired on December 31, 2003. If confirmed, he will serve a term to expire on December 31, 2006. Comm. No. Ref. Ta. L Ref. Uot~ The Honorable Chairman James Y. Arakaki and Members of the County Council Page 2 March 22, 2004 Council District 8 - Mr. Riley M. Saito is a 42-year resident of Hawaii, and is a vice president with the Mauna Lani Bay Hotel and Bungalows. He is with the Big Island Group (B.I.G.), and has served as the president and treasurer of the group. Mr. Saito also serves on the Kealakehe School Community Base Management Board, and is the Community Liaison for the Kealakehe High School construction. He will replace Jay Hanson, whose term expired on December 31, 2003, and will fill the slot representing local business and property owners. Mr. Saito states that he is not affiliated with any political party, and if confirmed, will serve a term to expire on December 31, 2006. Your review and favorable rewmmendation would be appreciated. If you have any questions, please contact me at your convenience. AI anyKi~ mU MAYOR cc: Phil Davis Francis Kuailani, Sr. Riley Saito Chris Yuen, Director Bobby Jean Leithead-Todd, Deputy Corporation Counsel