The URL can be used to link to this page

Home My WebLink About2015_0116_AgendaPacketl Warren Perry Chair Maureen Tabura Vice -Chair Ryan de la Pena Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, January 16, 2015 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lillu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of December 19, 2014 Members: Kathy Clark Calvin Murashige Brad Nagano Mary Tudela COMMUNICATION BOE 2015 -01 Notice to the County Council from Councilmember Yukimura of a possible conflict of interest regarding Bill No. 2569 — a bill for an ordinance amending Chapter 17, Kauai County Code 1987, as amended relating to electric vehicle charging stations REOUEST FOR AN ADVISORY OPINION RAO 15 -001 Request of 12/9/14 from Councilmember Kaneshiro as to whether there is a conflict to participate in budget hearings relating to grants provided to EKSWCD; if he cannot participate in budget hearings related to grants provided to EKSWCD, can he vote on the annual budget which may include funding to EKSWCD RAO 15 -002 Request of 12/23/14 from Planner Laureta from the Planning Department if there is a conflict to run for a Board Position on K1UC RAO 15 -003 Request of 12/17/14 from Councilmember Kaneshiro if there is a conflict to participate in Council hearings and vote on items related to real property tax legislation and other matters not specific to HMI or Grove Farm, but which may affect these companies. RAO 15 -004 Request of 12/22/14 from Councilmember Yukimura if there is a conflict as a lessor of an electric vehicle which utilizes charging stations at the County for her personal vehicle to participate in a Bill relating to electric vehicle charging stations An Equal Opportunity Employer DISCLOSURES a. Arryl Jordan Kaneshiro (County Council) b. Andrea Aiko Suzuki (Deputy County Attorney) c. Harold Daniel Brown (Fire Commission) d. Jodi Akemi Higuchi Sayegusa (Deputy County Attorney) e. Ian Kawika Murray Jung (Deputy County Attorney) f. Adam P. Roversi (Deputy County Attorney) g. Stephen Francis Hall (Deputy County Attorney) h. JoAnn Ai Yukimura (County Council) i. Nicholas R. Courson (Deputy County Attorney) j. Kirk Isao Saiki (Manager & Chief Engineer, Dept. of Water) ( k. Ian K. Costa (Deputy Director of Parks & Recreation) 1. Michael Alejandre Dahilig (Planning Director) m. Lyle Mikio Tabata (Deputy County Engineer) n. Matthew Martel Bracken (Deputy County Attorney) o. Allan Harold Parachini (Charter Review Commission) p. Donald G. Kolenda (Board of Review) q. Julie Black Caspillo (Board of Review) r. Mary Elizabeth Tudela (Board of Ethics) s. Louis Edmund Abrams (Planning Commission) t. Mason Kamalani Chock (County Council) u. Melvin F. Rapozo (County Council) v. Ross Kiyoshi Kagawa (County Council) w. Gary Lee Hooser (County Council) x. Ricky R. Watanabe (County Clerk) y. Jade K. Fountain - Tanigawa (Deputy County Clerk) z. Ernest William Barreira (Assistant Chief Procurement Officer/Budget Chief) aa. Kipukai L.P. Kualii (County Council) bb. Stephen W. Long (Kaua`i Historic Preservation Review Commission) cc. Nadine Kuniko Nakamura (Managing Director) dd. Robert Frank Westerman (Fire Chief) ee. Frederick Kamuela Cobb -Adams (Housing Agency) ff. Sally Ann Motta (Deputy Director of Finance) gg. Victoria Lea Wichman (Kaua`i Historic Preservation Review Commission) hh. Gerald Shigemi Matsunaga (Liquor Control Commission) 2 1 P a g e Board of Ethics — January 16, 2015 EXECUTIVE SESSION Pursuant to H.R.S. §92 -4 and H.R.S. 92 -5 (a) (2) and (4), the purpose of this executive session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and 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. ES -001: BOE 15 -001 Complaint received 12/8/14 alleging an employee or officer of the county has breached the Code of Ethics as set forth in the Kaua'i County Charter and the Kaua'i County Code 1987 in the performance of his/her duties RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -001 ANNOUNCEMENTS Next Meeting: Friday, February 20, 2015 —1:00 p.m., Mo`ikeha Building, Liquor Conference Room ADJOURNMENT 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 §92 -4 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 3 1 P a g e Board of Ethics — January 16, 2015 C 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 Lhu`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. Board of Ethics — January 16, 2015 Q • = A �� ev COUNTY OF KAUAI maj I Minutes of Meeting OPEN SESSION Board/Committee: I BOARD OF ETHICS Meeting Date I December 19, 2014 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:21 p.m. Present Chair Calvin Murashige; Vice -Chair Warren Perry; Secretary Brad Nagano; Members: Kathy Clark; Ryan de la Pena; Maureen Tabura; Mary Tudela Staff: Deputy County Attorneys Nicholas Courson and Matt Bracken; Boards & Commissions Office: Support Clerk Barbara Davis Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Murashige called the meeting to order at 1:00 p.m. with 7 members present. Approval of Regular Open Session Minutes of November 21, 2014 Ms. Clark moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 7:0 Business BOE 2014 -05 Election of Chair, Vice Chair, and Secretary for calendar yggr 2015 Mr. Nagano nominated Warren Perry for Chair. Mr. de la Pena moved to close the nominations. Motion carried 7:0 Confirmation of Mr. Perry for Chair carried 6:1 (nay -Perry) 2t Ms. Clark nominated Maureen Tabura for Vice Chair and moved to close the nominations. Mr. Nagano seconded the motion. Motion carried 7:0 C4 Confirmation of Ms. Tabus for Vice Chair carried 6:1 (nay-Tabura) Board of Ethics Open Session December 19, 2014 Page 2 SUBJECT DISCUSSION ACTION Mr. Perry nominated Ryan de la Pena for Secretary. Ms. Clark moved to close the nominations. Motion carried 7:0 Confirmation of Mr. de la Pena for Secretary carried 6:1 (nay-de la Pena BOE 2014 -06 Meeting Schedule for 2015 With no objections, the Chair announced the meeting schedule as circulated stands for 2015. Disclosures a. Adam Parrish Roversi (Deputy County Attorney) b. Arryl Jordan Kaneshiro (Councilmember) c. Donald Kaleialoha Okami, Sr. (Police Commission) d. Paula M Morikami (Office of Boards and Commissions) e. Calvin Ken Murashige (Board of Ethics) f. Richard James Jose (Civil Service Commission) g. Russell S Kyono (Board of Review) h. Darryl Duane Perry (Chief of Police) i. Leonard Aloysius Rapozo, Jr. (Director of Parks and Recreation) j. Bernard Patrick Carvalho, Jr. (Mayor) k. Gerald Thomas Rapozo (Director of Department of Liquor Control) 1. Michael M. Contrades (Deputy Chief of Police) m. Camilla Chieko Matsumoto (Salary Commission) n. Mauna Kea Kaukaohu Higuera Trask (County Attorney) Mr. Perry moved to receive all disclosures except f. and deem them complete. Ms. Clark seconded the motion. Motion carried 7:0 Board of Ethics Open Session December 19, 2014 (1 Page 3 SUBJECT DISCUSSION ACTION Executive Regular Executive Session Minutes of November 21, 2014 With no questions or discussion of the Executive Minutes Session Minutes, Mr. Nagano moved to approve the minutes as circulated during Open Session. Ms. Clark seconded the motion. Motion carried 7:0 Announcements Next Meeting: Friday, January 16, 2015 —1:00 p.m. Adjournment Chair Murashige moved to adjourn the meeting at 1:21 p.m, Submitted by: Barbara Davis, Staff Support Clerk O Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Calvin Murashige, Chair COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Llhu`e, Kauai, Hawaii 96766 MEMORANDUM December 22, 2014 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 DEC 3 0 2014 L ...._ uC?yF3IP.� U 0M"j;iSBs'L TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: JoAnn A. Yukimura, Councilmember RE: POSSIBLE CONFLICT OF I TEREST REGARDING BILL NO. 2569 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17, KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO ELECTRIC VEHICLE CHARGING STATIONS Pursuant to Section 20.4(B) of the Kauai County Charter, Section 3 -1.9 of the Kauai County Code 1987, as amended, and Rule 8 of the Rules of the Kauai County Council, I hereby provide written disclosure on the record of a possible conflict of interest relating to Bill No. 2569. I am currently an owner of an electric vehicle and utilize these charging stations for my personal vehicle. For this reason, I am recusing myself from deliberation on Bill No. 2569 during the January 14, 2015 Council Meeting. I will be requesting an advisory opinion from the Board of Ethics regarding my participation during any Council Meeting or vote relating to the Bill. Out of an abundance of caution, I will refrain from participating in any discussion during the Council Meeting relating to this Bill until I receive the opinion from the Board of Ethics. If you have any questions, please feel free to contact me. Thank you for your attention to this matter. ET:cy cc: January 14, 2015 Council Meeting Agenda County of Kauai Board of Ethics a O �J_ �Council Services Staff SOL AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuah'i JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Llhu`e, Kauai, Hawaii 96766 December 9, 2014 Calvin Murashige, Chairperson Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain- Tanigawa, Depuq, County Clerk Dear Chair Murashige and Members of the Board of Ethics: Telephone (808) 2414188 Fax (808) 241 -6349 Email cokcoun cil@kauai.gov L DEC 1 1 2014 i O OAr I am a newly elected member of the Kauai County Council. The Council is responsible for enacting the County's annual budget ordinance, which includes both the operational and capital expenditures for the fiscal year. In the past, the County of Kauai has provided grants to the East Kauai Soil and Water Conservation District ( "EKSWCD "). I am on the Board of Directors for the EKSWCD. I hereby request that the Board of Ethics provide me with an advisory opinion regarding my participation in the Council's annual budget process. Specifically, I am seeking an opinion on the following questions: 1. Can I participate in the Council budget hearings that relate to grants provided to the EKSWCD? 2. If I cannot participate in Council budget hearings that relate to grants provided to the EKSWCD, can I vote on the annual budget, which may include grant funding for the EKSWCD? Thank you in advance for your prompt attention and assistance in this matter. Should you need additional information, please feel free to contact me or Council Services Staff at 241 -4188. You may also send any correspondence to the address listed above. 10011M Sincerely, l ARRYL KANESHIRO Councilmember, Kauai County Council AN EQUAL OPPORTUNITY EMPLOYER RAO v " DEC 2-1 2014 J J December 23, 2014 Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihue, Hawaii 96766 To Whom it May Concern: I presently work for tie County of Kauai, Planning Department I retired in May 2010, but was brought back in December 2010, as an 89 -day contract employee. I would like to run for a Board Position on KIUC, which is a part time position. I value my County position and would not want to jeopardize it in any way. I will not campaign on County time, nor will I use County equipment (computer, Xerox machine, etc) should I be elected for this KIUC position. If I am not successful in this election, no problem. I just want to know if I, as a County employee, may run for a Board position in a non- governmental entity. I request a determination at your earliest convenience. oha, Mich el L. Laureta RAC 15- 0 8L COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Lniu`e, Kauai, Hawaii 96766 December 17, 2014 Calvin Murashige, Chairperson Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lzhu`e, Hawaii 96766 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain - Tanigawa, Deputy County Clerk Dear Chair Murashige and Members of the Board of Ethics, Telephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov DEC V LL 2 6 2014 J r.. --., I BOAC CO.vi1AiSS I am a newly elected member of the Kauai County Council and am also employed by both Haili Moe, Inc. ( "HMI") and Grove Farm Company, Inc., as a project specialist. I have stock ownership of about .21% in HMI. My ownership interest in HMI is valued at $12,071 as of September 30, 2014. I am not an officer or director of either HMI or Grove Farm Company, Inc. HMI is a community development and asset management company. HMI manages the landholdings of Grove Farm Company, Inc., Visionary, LLC, Mahaulepu Farm, LLC, and Haupu Land Company, LLC. I am not an employee, officer, or director of Visionary, LLC, Mahaulepu Farm, LLC, or Haupu Land Company, LLC. I do not have an ownership interest in Grove Farm Company, Inc., Visionary, LLC, Mahaulepu Farm, LLC, or Haupu Land Company, LLC. As a project specialist, I am responsible for providing financial analysis and logistical coordination support for a diverse array of projects related to agri- business, lease management, and commercial and residential development. The Council will be considering real property tax bills that will affect the taxation of property owned by HMI, Grove Farm Company, Inc., Visionary, LLC, Mahaulepu Farm, LLC, and Haupu Land Company, LLC. I hereby request that the Board of Ethics provide me with an advisory opinion regarding my participation in Council hearings and voting that relate to real property tax legislation and other matters which are not specific to HMI or Grove Farm Company, Inc, but may affect these companies. Should you need additional information, please feel free to contact me at 241 -4188. You may send any correspondence to me at the Office of the County Clerk, Council Services Division, whose address is listed above. Thank you for your attention to this matter. PM:mn Sincerely, ARRYtIKANESHIRO Councilmember, Kauai County Council AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuah'i JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Lihee, Kauai, Hawaii 96766 MEMORANDUM December 22, 2014 Calvin Murashige, Chair and Members of the Board of Ethics c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain - Tanigawa, Deputy County Clerk Dear Chair Murashige and Members of the Board of Ethics: Telephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov r'" J1 JAN - 5 kae �LBOARD' & CC Pursuant to Section 20.05(D)(2) of the Charter of the County of Kauai, I am requesting an advisory opinion as to whether or not a conflict of interest exists with my participation on the issue of Bill No. 2569 — Relating to Electric Vehicle Charging Stations. As drafted, Bill No. 2569 would eliminate the user fee for County -owned Electric Vehicle Charging Stations. I currently lease an electric vehicle and utilize these charging stations for my personal vehicle when I come to work for the County. If a conflict should be determined, as I suspect it should, I would like to ask the Commission to consider whether it would extend to legislation regulating the provision of charging stations, which I am hoping to address some time in the next year. The County's Energy Sustainability Plan contains a public policy to encourage the use of electric cars. Besides wanting to "walk the talk," I have leased an electric car to understand how workable or unworkable it is to drive such a car. While chargers are required by law for certain establishments, they fail to work in many cases or are so user - unfriendly (e.g. driver has to call and give a credit card number) that the public policy of encouraging electric car use is failing. This needs to be addressed if electric cars are to become more prevalent as an option. My question is whether there exists a conflict of interest for me to work on such a policy in the same way as there might be in working on a user fee for electric cars. If there is a distinction, I would appreciate if you would include that in your advisory opinion. Rj� () 15- () 0 �t AN EQUAL OPPORTUNITY EMPLOYER Calvin Murashige, Chair and Members of the Board of Ethics RE: Request for Advisory Opinion December 22, 2014 Page 2 Should you have any questions, please feel free to contact me or Council Services Staff at 2414188. Sincerely, A. Councilmember, Kauai County Council (" ET:lc cc: Paula M. Morikami, Boards & Commission Administrator W 1