HomeMy WebLinkAboutCOM 1784.002 1984-1988 '3F Mq
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Office of the Mayor
Dante K. Carpenter
Mayor
November 7, 1988
Honorable Stephen K. Yamashiro , Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Yamashiro and Members :
After carefully reviewing this bill and conferring with the
Corporation Counsel, I have decided to transmit Bill No. 627
(draft 4) to you approved with reservations.
Bill No. 627 rezones land of the Kohanaiki resort project. This
bill contains an affordable housing condition which, in part,
requires the developer to construct affordable housing based on
60% of the total number of residential units proposed. The
total number of affordable housing units required of the
Kohanaiki development is 945 which is valued at $7 , 575, 120.00.
My administration recommended these housing conditions and I
support them. I also support this project which will supply
greatly needed housing and job opportunities for this county in
the future.
However, I am dismayed that the Council again has chosen to
place the enforceability of this bill in jeopardy by inserting
an illegal provision into the housing condition. Despite the
repeated advice of the Corporation Counsel, the Council has once
again given itself , as the Hawaii County Housing Agency, the
power to approve the method of satisfying the affordable housing
conditions .
Conlin. No., ��� •'k.
File No. ZJV /KN
Ref. To:,
cdraitii of Haic'aI1 • 25 Auputtt Street • Hilo, Hawaii 0672(
Ref. Hate Nov 10 1988
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Honorable Stephen K. Yamashiro , Chairman
and Members of the County Council
Page 2
November 7, 1988
As you were advised by the Corporation Counsel, this violates
the doctrine of separation of powers, the Hawaii County Charter,
and the Hawaii County Code. As you know, the Charter places the
executive function of administering the law in the executive
branch of government. Furthermore , the Hawaii County Code
limits the role of the Hawaii County Housing Agency to policy
making. Thus, the County Housing agency is required by the
Hawaii County Code to be involved only in the making of
long-range housing policy, not in the administration of
individual projects.
Fortunately, the Office of the Corporation Counsel has advised
me that the invalid provision in Bill No. 627 (draft 4) is
severable from the rest of the bill and that the remainder of
Bill No. 627 is valid because it may be implemented without the
illegal provision. Therefore , I will administer the bill
without reference to the illegal provision. Thus, the housing
conditon will be administered, as required by the Charter, by
the appropriate executive agency charged with the responsibility
of approving the method of satisfying the affordable housing
requirement.
If the council is sincere in its support of affordable housing ,
it should not have inserted the illegal provision into this
law. The Council ' s short-sighted attempt to acquire more power
than is authorized by the County Charter has resulted in a
situation which makes it more difficult and perhaps impossible
to enforce this sorely needed affordable housing conditon.
likAloha Pu ehana,
'ante K. C rpent
Mayor