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HomeMy WebLinkAbout2013_0419_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 5/17/13 Board/Committee: BOARD OF ETHICS Meeting Date April 19, 2013 Location Mo` ikeha Building, Liquor Conference Room 3 Start of Meeting: 9: 00 a.m. End of Meeting: 9 :37 a.m. Present Chair Kathy Clark; Secretary Warren Perry; Members : Kurt Akamine; Mark Hubbard; Brad Nagano Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; and Kaua'i Historic Preservation Review Commissioner Stephen W. Long Excused Vice-Chair Calvin Murashige; Paul Weil Absent SUBJECT DISCUSSION ACTION Call To Order Chair Clark called the meeting to order at 9 :00 a.m. with a quorum of 5 members present. Approval of Regular Open Session Minutes of March 15, 2013 Mr. Akamine moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Mr. Perry questioned the wording in the first full paragraph on Page 7 but with the absence of Attorney Clark and Mr. Murashige, the Board would not be able to clarify what was said or if the comments were substantive. Motion to approve as circulated carried 5 : 0 Communications BOE 2013-08 Memorandum dated March 12, 2013, from JoAnn A. Yukimura, Councilmember, regarding a possible Conflict of Interest related to Agenda Item C 2013-99, Update on the Keiki to Career — Workforce Readiness, Comprehensive Economic Development Strategy Project BOE 2013-09 Memorandum dated March 28, 2013, from Nadine K. Nakamura, Council Vice-Chair, regarding a possible Conflict of Interest related to anv and all Boards and Commissions Mr. Akamine moved to receive communications BOE 2013-08 and BOE 2013-09. Mr. Perry seconded the motion. Motion carried 5 :0 Request for Memorandum dated April 1, 2013, from Stephen W. Long, Vice-Chair of Advisory Opinion the Kaua'i Historic Preservation Review Commission, requesting clarification as to the extent of professional architectural services he can provide to his private clients while serving as a County Commissioner Board of Ethics Open Session April 19, 2013 Page 2 SUBJECT DISCUSSION ACTION Mr. Long advised the Board that he was appointed by the County Council to the Historic Preservation Review Commission and is currently the Vice-Chairman of that Commission. Mr. Long stated he is a practicing architect within the community and is asking for a clarification on the boundaries of his professional services and his volunteer services with the County and how that might interface with any other Commissions and the County's ethical concerns. Mr. Long stated he has been on the Commission for approximately 6 months and the Commission is supported by Myles (Hironaka), Ian (Jung), and Shan (Jimenez)from the Planning Department and the County Attorney's Office. Mr. Long thought Mr. Hironaka's role was to support the Historic Preservation Commission. Ms. Morikami added that Mr. Hironaka was like an Office Manager and she did not think he reviewed plans. Mr. Hubbard ascertained that Mr. Hironaka does not work the front office area nor does he appear before the Planning Commission. Ms. Morikami added that Mr. Hironaka used to be the long-range planner for the Planning Department and took over Mr. Tsuchiya's position when he retired. Mr. Hubbard asked if an architect who has dealings with the Department would be dealing with Mr. Hironaka. Ms. Morikami said as she understands it they would not have any dealings with Mr. Hironaka. Mr. Long believed the planner assigned to the Commission was Dale Cua. Ms. Davis pointed out that photocopy on the back of Mr. Long's request letter was an outline of the ordinance governing the Historic Preservation Review Commission and the requirements listed in that ordinance for appointment to the Commission. Mr. Hubbard said in 2007, the Board of Ethics ruled for Caven Raco, an architect who was on the Planning Commission,that he could continue doing his work as an architect and dealing with clients but he could not have direct interface with the Planning Department. Board of Ethics Open Session April 19, 2013 Page 3 SUBJECT DISCUSSION ACTION Mr. Akamine noted there was also an Advisory Opinion given in January 2007 in which the Planning Department was requesting clarification for the Historic Preservation Review Commission, which requires one member to be a licensed architect but poses a potential conflict if that person has worked on projects that come before the Commission for review. Additionally that Commission member may wish to bid on projects. The findings were referenced to the Code of Ethics §§20.02 C, 20.03 A, and 20.04 B, which point out several areas of potential or clear conflict; clear conflict on the voting if there is an issue of financial interest and a contractual issue if this individual's firm is awarded a contract. It was recommended that any appointee be given those sections for review. Mr. Perry said he looked at the Code and the Charter and any member who possesses an interest which might reasonably tend to create a conflict with his duties or authorities, which Mr. Perry believed were the duties or authorities of his Commission, shall make full disclosure and shall not participate in that matter. Chair Clark asked if requiring an architect be part of the Commission has any bearing. Mr. Perry said the fact that an architect is required to be on the Commission shows that maybe Mr. Akamine moved that there is no conflict for sometimes the right hand doesn't know what the left hand is doing. Mr. Long to be a part of the Kaua'i Historic Preservation Review Commission. Mr. Perry seconded the motion. Mr. Perry said given the statements of Mr. Long, he did not think there was a conflict between what he is doing as a private architect and his duties and authority as a Commission member of the Historic Preservation Review Commission. Mr. Hubbard said relating to Mr. Long's request letter, the third paragraph says Mr. Long always communicates openly and while he is a Commissioner he will not be the applicant or authorized agent for his client's permit applications and will not appear before an Board of Ethics Open Session April 19, 2013 Page 4 SUBJECT DISCUSSION ACTION Commissions including his own nor discuss any architectural plans with any Commissioner. If any of Mr. Long's client's permits or issues come before his Commission, Mr. Hubbard said he assumed Mr. Long would Motion carried 5:0 recuse himself and not participate. Mr. Long said absolutely. Mr. Long thanked the Board for their time and stated it is really a pleasure for him to serve on the Kaua'i Historic Preservation Review Commission and he appreciates the opportunity to continue as such. Disclosures a. JoAnn A. Yukimura(County Council) b. Heath A. Prow (Building Board of Appeals) c. Laurie L. Yoshida(Cost Control Commission) d. Linda M. Dela Cruz (Public Access, Open Space Commission) Mr. Akamine moved to receive and deem complete disclosures a, b, c, and d. Mr. Nagano seconded the motion. Mr. Hubbard stated that the Charter does not require the Board to "deem complete"the disclosures and the internal County Regulations say the Board should make sure the people keep the disclosures up to date. Motion carried 5:0. Executive Session Mr. Perry moved to go into Executive Session at 9:28 a.m. Mr. Nagano seconded the motion. Motion carried 5:0 Attorney Winn read the purpose for the Board to go into Executive Session for items ES-006, ES-7; and ES-002 as fully described in the posted agenda. Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES- Session 006, ES-7, and ES-002 Mr. Akamine moved to ratify actions taken by the Board of Ethics in Executive Session. Mr. Perry seconded the motion. Motion carried 5:0 Announcements Next Meeting: Friday, May 17, 2013 — 1:00 p.m. Board of Ethics Open Session April 19, 2013 Page 5 SUBJECT DISCUSSION ACTION Adjournment Chair Clark adjourned the meeting at 9:37 a.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kathy Clark, Chair O Approved as is. O Approved with amendments. See minutes of meeting.