HomeMy WebLinkAboutCOM 0032.009 2006-2008
• DOMINIC YAGONG w ~ Phone: (808) 961-8264
Council Member '~~.i ~ FAX: (808) 961-8912
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HAWAI `I COUNTY COUNCIL
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County of Hawaii ~ "Piles i
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
January 2, 2006
K. Angel Pilago, Chairman
Committee on Planning
Committee Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Pilago:
Please note the attached opinion from Ms. Katherine A. Garson from the Corporation Counsel
office in regards to Resolution 21-07 that is on your Committee on Planning agenda.
The purpose of my letter to Corporation Counsel was to inform them that I am employed as a
District Manager for Food Pantry Ltd, and Kalama Beach Corporation. T oversee the operations
of Malama Market, Malama Gas N Go, Whalers General Store, and Lamonts Gift & Sundry.
These retail outlets are supermarkets, general stores, and hotel resort stores. All of these
businesses are located on the Big Island. Food Pantry Ltd. and Kalama Beach Corporation are
owned by Jenai Wall, the owner of Foodland and Sack n Save.
I will be disclosing this information at the planning committee hearing prior to the deliberation
of resolution 21-07. I seek your opinion as committee chair, and would appreciate feedback from
my colleagues as well. Although I feel that I can be fair and impartial, I will defer to the pleasure
of the chair and committee members.
If you have any further questions, please feel free to contact me.
Warmest Aloha
•
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Dominic Yagong, until tuber ~ ~ Q
Hawaii County Council +;..~'~tr?m, Pfo,_ I _
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Att.
Harry Kim `n Lincoln S.T. Ashida
Mayor `P' ~y Corporation Counsel
, Gerald Takase
~~r„ Assistant Corporation
e:'w:" Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupunl Street, Suite 325 Hilo, Hawaii 96720-4262 • (808) 961-8251 Fax (808) 961-6622
December 29, 2006
Honorable Dominic Yagong
Council Member
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Request for Lega[ Opinion Regarding Potential Conflict of Interest
Deaz Mr. Yagong:
In a letter dated December 29, 2006, to Lincoln Ashida, you requested an opinion as to
whether it was a conflict of interest for you to vote on Resolution 21-07, as you were a district
manager for Food Pantry, Ltd., and Kalama Beach Corporation. You also indicated that you
oversaw the operations of Malama Market, Malama Gas N Go, Whalers General Store, and
Lamont's Gift & Sundry. You indicated that these retail outlets aze supermarkets, general stores,
and hotel resort stores which are located on the Big Island. You also indicated that Food Pantry,
Ltd., and Kalama Beach Corporation aze owned by Jenai Wall, the owner of Foodland and Sack
N Save.
Resolution 21-07 proposes an amendment to Chapter 25 of the Zoning Code, Hawaii
County Code 1983 (2005 Edition, as Amended) relating to Retail Establishments and seeks to
amend the definition of retail establishment to exclude "superstores" such that superstores shall
not be permitted in any zoning district in the County. Resolution 21-07 also seeks to amend the
definition for "Stockkeeping Unit" or "SKU."
As a preliminary matter, please note that informal advisory opinions on ethics matters
should be received from the Board of Ethics. However, because the committee meeting at which
Resolution 21-07 will be discussed is going to take place on January 3, 2007, and you have
insufficient time to obtain such an opinion, the following opinion is being provided to you for
guidance.
Section 2-84 of the Hawaii County Code states, in pertinent part:
(a) No officer or employee shall take any official action directly
affecting:
(1) A business or other undertaking in which that officer or employee
has a substantial financial interest;
Howoi'i Cvunly is an Equa/ C7pparfunily Provider and Employer
' DOMINIC YAGONG ,,..o~„ Phone: (808) 961-8264
FAX: 808 961-8912
Council Member ( )
~r oi'a~~
HAWAI `I COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hido, Hawaii 96720
December 29, 2006
Mr. Lincoln Ashida
Corporation Counsel
101 Aupuni Street
Hilo, Hawaii 96720
Deaz Mr. Ashida:
This letter is in regazds to the Resolution 21-07 that is being heard in the Committee on Planning
on next week Wednesday, January 3`d at 2:00 p.m.
I am requesting an opinion on whether or not it is a conflict of interest for me to vote on this
matter. I azn a District Manager for Food Pantry Ltd, and Kalama Beach Corporation. I oversee
the operations of Malama Mazket, Malama Gas N Go, Whalers General Store, and Lamonts Gift
& Sundry. These retail outlets are supermarkets, general stores, and hotel resort stores. All of
these businesses aze located on the Big Island. Food Pantry Ltd. and Kalama Beach Corporation
is owned by Jenai Wall, the owner of Foodland and Sack n Save.
Although I feel that I can be fair and impartial about this matter, I wanted to make sure that I
disclose my affiliation with the company that I am currently employed.
Thank you for your assistance on this matter. Please contact me if you have any further
questions.
Wannest Aloha,
Dominic Yagon , oun 1 Member
Hawaii County ouncil
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