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Home My WebLink About2013_0903_Agenda_Packet_SpcMtgKathy Clark Chair Calvin Murashige Vice -Chair Warren Perry Secretary Members: Kurt Akamine Mark Hubbard Brad Nagano Paul Weil COUNTY OF KAUAI BOARD OF ETHICS AMENDED NOTICE OF SPECIAL MEETING AND AGENDA Tuesday, September 3, 2013 5:00 p.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Llhu'e, HI 96766 CALL TO ORDER REQUEST FOR ADVISORY OPINION RAO 13 -007 Letter dated August 12, 2013, from Wayne Katayama, Planning Commissioner, requesting an advisory opinion regarding whether he may accept a request from the County Clerk (on behalf of Councilmember Gary Hooser) to appear before the County Council's Economic Development ( Sustainability /Agriculture/Food/Energy) & Intergovernmental Relations Committee regarding Bill No. 2491 to answer questions related to the possible impact the Bill may have on Kauai Coffee Company and for his input as stakeholder on the island (Moved to Special Meeting as the Board was unable to achieve a majority vote during its 8/23/13 meeting) EXECUTIVE SESSION Pursuant to H.R.S. §92 -4 and H.R.S. 92 -5 (a) (4), the purpose of this executive session is to consult with the Board's legal counsel on issues pertaining to the Board's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ANNOUNCEMENTS Next Meeting: Friday, September 20, 2013 — 1:00 p.m., Mo'ikeha Building, Liquor Conference Room The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 1St, 2013. This is one of our sustainability goals. Staff will provide cold water using a filtered system (i.e. Brita), so please bring in your water bottle that was provided to you. Mahalo. ADJOURNMENT An Equal Opportunity Employer NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92 -7 (a), the Commission may, when deemed necessary, hold an executive session on any agenda item' without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §924 and shall be limited to those items described in HRS §92 -5(a): c: Nicholas Courson, Deputy County Attorney PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24 -hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 L-ihu`e, HI 96766 Email: bdavis @kauai.gov Fax: 241 -5127 Phone: 241 4919 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards & Commissions Support Clerk at 241 4919 at least five (5) working days prior to the meeting. 2 1 P a g e Board of Ethics — September 3, 2013 Wayne K. Katayama 1190 Crossley Road Kapaa, H/ 96746 Kathy Clark, Chairperson and Members of the Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawai'i 96766 RECEIVED AUG 13 2013 BOARDS & COMMISSIONS August 12, 2013 Re: Request for Advisory Opinion by Planning Commission Chairperson Wayne Katayama. r. Aloha Chair Clark and Members of the County of Kauai Board of Ethics, l I apologize for my absence as I am attending business meetings on the East Coast. I hope that this matter can be addressed in my absence. I am requesting an advisory opinion pursuant to Kaua'i County Charter Sec. 20.05 (D) (2) and Rule 5.1 of the Kaua'i County Board of Ethics Rules and Regulations on the following questions: Is there a conflict of interest for me to accept a request to appear before the County Council's Economic Development (Sustainability /Agriculture /Food /Energy) & I ntergovem mental Relations Committee chaired by Councilmember Hooser regarding Bill No. 2491 to answer questions related to the possible impact the Bill may have on Kauai Coffee Company and for my input as stakeholder on the island? I am the President and General Manager of Kaua'i Coffee Company. On August 2, 2013, Council Clerk Ricky Watanabe requested my presence on behalf of Councilmember Gary L. Hooser. It appears from the August 2, 2013 request that Councilmember Hooser would like to ask me questions related to the possible impact of Bill No. 2491 may have on Kaua'i Coffee Company and for my input as a stakeholder on the island. Attached as Exhibit "A" is the letter from the County Clerk requesting my presence before the County Council. As the President and General Manager, I oversee and manage all of Kaua'i Coffee Company's operations. Bill No. 2491, in its current form, will have an impact on Kaua'i Coffee Company. I would tike the opportunity to answer the committee's questions. I understand that prior advisory opinions of this body took a strict interpretation of Kaua'i County Charter Section 20.02(D), which restricted an officer or employee to "appear before any county board, commission or agency." However, given Councilmember Hooser's request for my presence, I submit this question to seek clarity as to whether there would be a conflict of interest if I were to honor the request to appear before the County Council and its committee. I will not gain 9A0 l3 -007 Kathy Clark August 12, 2013 Page Two any financial benefit should I honor Councilmember Hooser's request other than my salary earned as a part of my normal operational duties with Kauai Coffee Company. Moreover, I will not gain any special privileges because of my appointment as a Planning Commissioner as 1 seek only to answer questions from Councilmember Hooser and other councilmembers about the impact Bill No. 2491 may have on Kaua'i Coffee Company. Is it a conflict of interest if I were to serve on any stakeholder working group that may be formed to formulate a clearer ordinance? The bill to introduce new ordinance needs clarity of community concerns, understanding of the pesticides being applied, and the infrastructure needed to be implemented to have meaningful information to best serve the public. Thank you for your consideration in this matter. Please contact me if you need any supplemental information pursuant to Rule 5.1 (c). Sincerely Wayne K 96 Planning Commission Encl Exhibit A Letter Dated August 2, 2013 I COUNTY COUNCIL Jay Furfaro, Chair Nadine K. Nakamura, Vice Chair Tim Bynum Gary L. Hooser Ross Kagawa Mel Rapozo JoAnn A. Yukimura Ms. Wayne Katayama President & General Manager Kauai Coffee Company 870 Halewili Road Kalaheo, Hawaii 96741 Dear Mr. Katayama: Council Services Division 4396 Rice Street, Suite 209 Llhu'e, Kauai, Hawaii 96766 August 2, 2013 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain - Tanigawa, Deputy County Clerk Telephone(808)241-4188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov On August 6, 2013, the Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee will be holding a Special Committee Meeting to discuss Bill No. 2491. Committee Chair Gary L. Hooser is requesting your presence at this meeting to answer questions related to the possible impact the Bill may have on Kauai Coffee Company and for your input as a stakeholder (President & General Manager) on the island. Should you have any questions, please feel free to contact me or Council Services Staff at 241 -4188. Your assistance in this matter is greatly appreciated. Sincerely, RICKY WATANABE County Clerk, County of Kauai AN EQUAL OPPORTUNITY EMPLOYER