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Home My WebLink About2017_0317_BOE_Packet_OpenMary Tudela Chair Michael Curtis Vice -Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Members: Ryan de la Pena Calvin Murashige Brad Nagano Mia Shiraishi Friday, March 17, 2017 n, 4 _2 1:00 p.m. or shortly thereafter c ~ Mo`ikeha Building, Liquor Conference Room 3 ?cD� (Tt 4444 Rice Street Lihu'e HI 96766 �Z CSC-, CALL TO ORDER APPROVAL OF MINUTES Open Session Minutes of February 17, 2017 COMMUNICATION BOE 2017-03 Letter dated February 7, 2017 from Thomas Canute, Board of Water Supply regarding potential conflict of interest as current appointed Board Member and Treasurer for the Kauai Habitat for Humanity (KHFH) that is building affordable housing on Kauai. The Board of Water is proposing a reduction in the current Facilities Reserve Charge (FRC) for those individuals or entities building and/or developing affordable housing on Kauai. The KHFH organization would benefit directly from the lower FRC charge. BOE 2017-04 Copy of a memo dated February 17, 2017 from Arryl Kaneshiro, Council member to Council Chair Mel Rapozo regarding his recusal for a possible conflict of interest relating to agenda items C 2017-58, a dedication deed (Lot 1-A-5-A) from Grove Farm Company, Incorporated, to the County of Kauai. Mr. Kaneshiro is a Project Manager for Grove Farm Company, Inc. REOUEST FOR AN ADVISORY OPINION RAO 17-004 Letter dated February 27, 2017 from Sherman Shiraishi, Attorney, regarding association with Kauai Habitat for Humanity (KHH) conflict of interest in considering the Department of Water rule changes that would impact fees for affordable housing units. An Equal Opportunity Employer DISCLOSURES 1. Kimberly Asako Torigoe (Deputy Prosecuting Attorney) 2. Bentley Childs Adams III (Deputy County Attorney) 3. Ginger Davis Grinpas (Deputy Prosecuting Attorney) 4. Alfred C. Garces Jr. (Fire Commission) 5. Michael Martinez (Fire Commission) EXECUTIVE SESSION Pursuant to H.R.S. §92-4, 92-9 (a) (1-4) (b), and §92-5 (a) (4), the purpose of this executive session is to receive and approve Executive Session minutes 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. RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session ANNOUNCEMENTS Next Meeting: Friday, April 21, 2017 - 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 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. 21Pa-e Board of Ethics - March 17, 2017 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 testimonv to: Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 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 — March 17, 2017 1��To � COUNTY OF KAUAI oi--i o� + -� Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date I February 17, 2017 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:03 p.m. End of Meeting: 1:23 p.m. Present Chair Mary Tudela; Vice Chair Michael Curtis; Secretary Maureen Tabura. Members: Ryan de la Pena; Calvin Murashige; Mia Shiraishi Staff Deputy County Attorney Nicholas Courson; Boards &Commissions Office: Administrator Jay Furfaro, Commission Support Clerk Sandra Muragin Excused Absent Brad Nagano SUBJECT DISCUSSION ACTION Call To Order Chair Tudela called the meeting to order at 1:03 .m. with 6 members present. Approval_ of Regular Open Session Minutes of January 20, 2017 Mr. de la Pena moved to approve the Open Minutes" Ms. Shiraishi requested an amendment to page 4 subject Disclosures. Add Session Minutes of January 20, 2017 as Disclosure 4 as deemed complete. amended. Mr. Murashige seconded the motion. Motion carried with 6:0 Regular Open Session Special Minutes of January 27, 2017 Ms. Tabura moved to approve the Open Session Special Minutes of January 27, 2017. Mr. Curtis seconded the motion. Motion carried with 6:0 Communication BOE 2017-02 Memorandum dated 01/24/17 from Jade K. Fountain- Mr. de la Pena moved to receive the Tanigawa, County Clerk, regarding a list of the County of Kaua'i Lobbyists communication. Mr. Murashige seconded the that have submitted their 2016 Lobbyist Contributions & Expenditures motion. Statement. Motion carried 6:0 Disclosures 1. Derek S.K. Kawakami (County Council) Ms. Tabura moved to receive Disclosures 1, 3, 4, 2. Bentley C. Adams III (Deputy County Attorney) 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20 3. Jared A. Brickley (Deputy Prosecuting Attorney) and deem them complete with Disclosures 2, 11, Board of Ethics Open Session February 17, 2017 Page 2 SUBJECT DISCUSSION ACTION 4. Elizabeth Hahn (Civil Service Commission) 21 being incomplete for blank areas. Mr. de la 5. Vonnell F. Ramos (Civil Service Commission) Pena seconded the motion. 6. Sarah Joanne Nakashima (Cost Control Commission) Motion carried 6:0 7. Jan F. Hashizume (Cost Control Commission) 8. Preston I.S. Chong (Cost Control Commission) 9. Maureen M. Tabura (Board of Ethics) 10. Ryan M. de la Pena (Board of Ethics) 11. Michael Matinez (Fire Commission) 12. Chad K. Pacheco (Fire Commission 13. Jean A. Iida (Liquor Control Commission) 14. Maryanne W. Kusaka ( Liquor Control Commission 15. Donna M. Apia (Planning Commission) 16. Randall C. Blake (Public Access, Open Space Commission) 17. Gerald W. Bahouth (Police Commission) 18. Daniel K. Aki (Salary Commission) 19. Mia R. Shiraishi (Board of Ethics) 20. Kilipaki Vaughn (Deputy Fire Chief) 21. Heather Kanoe Ahuna (Planning Commission) Executive ES-002 Executive Session Minutes of January 27, 2017 Mr. de la Pena moved to approve the Executive Session Session minutes of January 27, 2017. Mr. The Board did not have any changes or corrections to the minutes. Murashige seconded the motion. Motion carried 6:0 Announcements Next Meeting: Friday, March 17, 2017 —1:00 p.m., Mo'ikeha Building, Liquor Conference Room Adjournment Mrs. Tabura moved to adjourn the meeting at 1:23 p.m. Mr. Murashige seconded the motion. Motion carried 6:0. Board of Ethics Open Session February 17, 2017 Submitted by: Page 3 Sandra M. Muragin, Commission Support Clerk () Approved as circulated. () Approved with amendments. See minutes of meeting. Reviewed and Approved by: Mary Tudela, Chair February 7, 2017 Mary Tudela County of Kauai Board of Ethics 4444 Rice St., Suite 150 Lihue, HI 96766 Re: Board of Water Supply Department of Water County of Kauai FRC Issue Dear Mary: FEB 1 0 2017 BOAR.BOARtJ & COMMi SION1 J I was appointed and sworn -in to the Board of Water Supply in January 2017. One of the current issues on the agenda for the said Board is the proposed reduction in the current Facilities Reserve Charge ("FRC") for those individuals or entities building and/or developing affordable housing on Kauai. The proposal would reduce the FRC to just under $5,000 from the current rate of just over $14,000. I need an opinion on a potential conflict of interest, in being able to discuss and vote for this proposed measure. My potential conflict is my current appointment as a Board Member and Treasurer for the "Kaua'i Habitat for Humanity" ("KHFH"), a tax exempt non-profit 501C3 organization that is building affordable housing on Kauai. The said organization would benefit directly from the lower FRC charge. I do not believe that I have a conflict on this issue, since KHFH is non-profit entity, and personally I would not benefit financially from the organization deriving this lower FRC charge. Furthermore, I am not paid for my services with KHFH, nor have I, or any of my family members, including, spouse, children, parents, grandparents, uncles, aunts, cousins, nephews or nieces, ever received any benefit or lived in housing built by KHFH, nor are any of the same extended family members currently working for KHFH. In addition, not only am I not paid or reimbursed for any of my services with KHFH, I am "highly encouraged" to make a significant donation to KHFH each year (which I do), as a Board Member and Treasurer of the said organization. We will be discussing, and potentially voting on this FRC measure at our next meeting for the Board of Water Supply on February 25, 2017. May I please get a written opinion from your office as to my potential conflict of interest on this issue. Sincerely, Thomas Ca outeka(m Canute) COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Arthur Brun Mason K. Chock Arryl Kaneshiro Derek S.K. Kawakami JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 L-1hu`e, Kauai, Hawaii 96766 MEMORANDUM February 17, 2017 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember AK OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone: (808) 2414188 Facsimile: (808) 241-6349 E-mail: cokcouncil@kauai.gov FEB 2 2 2017 80AF ;3 & COMMIS RE: POSSIBLE CONFLICT OF INTEREST RELATING TO AGENDA ITEMS C 2017-58, RELATING TO COUNCIL APPROVAL OF A DEDICATION DEED (LOT 1 A-5 A) FROM GROVE FARM COMPANY, INCORPORATED, TO THE COUNTY OF KAUA`I FOR HEALING AND TREATMENT SERVICES Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3-1.9 of the Kauai County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of the County of Kauai, I hereby provide written disclosure on the record of a possible conflict of interest relating to C 2017-58, Dedication Deed (Lot 1-A-5-A) from Grove Farm Company, Incorporated, to the County of Kauai for healing and treatment services, located at Hanama`ulu, Li1hu`e, Kauai, Hawaii, Tax Map Key (TMK) No. (4) 3-8-002:001 (por.). I am recusing myself as this item involves a dedication of land between my employer, Grove Farm Company, Inc. and the County for the Adolescent Healing and Treatment Center. I am employed at Grove Farm Company, Inc. as a Project Manager. In light of the above, I will recuse myself from the aforementioned items at the February 22, 2017 Council Meeting and any subsequent meeting thereafter relating to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. YS:lc cc: March 8, 2017 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER SHERMAN SHMMSHI ATTORNEY AT LAW MAR 0 3 2017 A LAW CORPORATION Telephone: (808)245-3361 2403 Ulu Maika Street Telecopier. (808)246-0486 e-mail: shermshir@hawaii.rr.com Lihue, Kauai, Hawaii 96766-1355 February 27, 2017 COUNTY OF KAUAI BOARD OF ETHICS Re: Request for Opinion I am a member of the Kauai County Board of Water Supply. The Board is presently considering a proposed rule change which would reduce the Facilities Reserve Charge ("FRC") for affordable housing units. If the rule change is adopted, Kauai County -sponsored affordable units would pay a discounted FRC. It would benefit the Kauai Habitat for Humanity ("KHH"), a non-profit organization active in developing affordable housing on the Island of Kauai. I have done work for KHH in the past and -it is likely that I will continue to do work for KHH in the future. Some of the work which I have done for KHH involves informal legal opinions which I have performed pro bono. In addition, I have prepared conveyance and other real estate documents for KHH in which I have charged my standard fee. Please advise whether my association with KHH constitutes a conflict of interest which would preclude me from considering Dept. of Water rule changes that would reduce impact fees for affordable housing units. If you need more information, please feel free to contact me. Yours very ul SHERMAN SHIRAISHI