The Kaua'i County Council met on December 18, 2024, at 8:30 AM in the Council Chambers. The meeting began with a certificate presentation honoring Nick Beck for his induction into the Hawaii Waterman Hall of Fame, followed by four public hearings on bills 2936, 2937, 2938, and 2939—none of which drew testimony. The council then approved the agenda and minutes, considered appointments to the Salary Commission and Building Board of Appeals, and acted on a consent calendar, communications, resolutions, and two bills. A single executive session was held on litigation. Consent Calendar - Items C2025-02 through C2025-09 were received and approved, except C2025-05 (Periods 10–12 Financial Reports for FY2023-2024) which was pulled for discussion. Councilmember Kuali requested a mid-year budget review, noting the 1,518-page report lacked a variance summary. The item was later received and approved after the council committed to scheduling a review for the second council meeting in January 2025. - C2025-16 (disposal of Parks & Recreation records) was deferred pending distribution of the attachment list; later approved after members received the list. Public Comments & Testimony - No oral or written testimony was offered during the public hearings (Bills 2936–2939) or during open testimony periods for agenda items. Discussion Items - Interviews: The council interviewed three appointees: Paul Gerard Toner (Salary Commission, term ending 12/31/2027), Nancy Ann Kanna (Salary Commission, partial term ending 12/31/2026), and Francis Ka‘awa (Building Board of Appeals, partial term ending 12/31/2025). All were confirmed unanimously via roll call votes on Resolutions 2025-04, 2025-05, and 2025-06. - Communications: - C2024-249: Approved indemnification for Spline ($20/month) and inCitu ($200/month) software subscriptions for planning engagement. - C2025-10: Approved indemnification for use of seven schools for recruitment testing in 2025-2026. - C2025-11: Approved $500,000 for a Type V fire engine, sourced from a previously budgeted hazmat vehicle fund. The fire chief stated this purchase is part of the third phase of replacing all eight brush trucks and will use funds originally set aside for a hazmat vehicle that now costs over $1 million. - C2025-12: Approved $60,000 for an emergency backup generator for the Lihu‘e Fire Station. - C2025-13: Approved receiving and expending a $1.5 million EPA grant (with $300,000 county match via DOH/State Revolving Fund) for video inspection of the Wailua sewer collection system, which is 40–50 years old and experiencing inflow/infiltration issues. - C2025-14: Received a proposed bill (No. 2940) on real property tax settlement and compromise powers. - C2025-15: Approved indemnification for Variphy software license. - Claim C2025-17: Claim by Reni Pereira for vehicle damage was referred to the County Attorney. - Resolution 2025-10: Approved a state bill to amend the Sunshine Law, allowing more than two council members to attend community meetings without triggering a formal meeting. Council members expressed strong support, noting the current restriction hinders constituent engagement. The resolution passed 7–0. - Proposed Draft Bill No. 2940 (First Reading): This bill amends Chapter 5A of the Kaua‘i County Code to: (1) clarify settlement vs. compromise powers for property tax disputes; (2) allow reclassification and rollback of tax rates and assessment caps for exemptions improperly granted; (3) remove mandatory lien filing when correcting exemptions; (4) clarify that owner-occupied mixed-use properties cannot receive the assessment cap if the residential use is minor or ancillary; (5) require all dwellings on a property to be long-term affordable rentals to qualify for the cap under the owner-occupied mixed-use classification. - Extended discussion centered on potential impacts on inadvertently non-compliant homeowners versus intentional fraud. Councilmember Cowden expressed deep concern that the retroactive three-year rollback could force families out of homes, especially in generational and low-income communities. She proposed a $5,000 cap on tax increases from reclassification, but staff argued it would encourage fraud. Councilmember Cowden voted no. Councilmember Kaneshiro supported the bill, stating it corrects inequities where non-residents wrongly receive homeowner benefits. Councilmember Holland also supported, referencing 109 exemptions removed in 2024 (all for non-residents filing N15 returns), which cost the county over $1 million in lost revenue. The bill passed 6–1 on first reading, scheduled for a public hearing on January 16, 2025, and referral to the Finance and Economic Development Committee. - Bill No. 2935 (Second Reading): Amended the FY2024-2025 operating budget to fund expenditures from heavy rains and severe flooding that began April 11, 2024. Approved 7–0. - Executive Session ES-1139: Held closed session to discuss possible settlement in County of Kaua‘i v. Pete E. Apor et al., Civil No. 5CCV-21-000046. The discussion remained confidential. Key Outcomes - Appointments confirmed (Resolutions 2025-04, 2025-05, 2025-06): Paul Toner, Nancy Kanna, and Stacie Chiba-Miguel (in consent calendar) to the Salary Commission; Francis Ka‘awa to the Building Board of Appeals. - Resolutions 2025-07 through 2025-10 approved unanimously: authorizing intergovernmental agreement for Wailua sewer inspection loan, nominating Arryl Kaneshiro to Western Interstate Region Board, appointing Carvalho and Cowden to HSAC Executive Committee, and urging state Sunshine Law reform. - Bill 2940: Passed first reading 6–1; public hearing set for January 16, 2025; referred to Finance and Economic Development Committee. - Bill 2935: Passed second reading 7–0. - All communications (except deferred item) approved as noted. - Claim referred to County Attorney. - Mid-year budget review to be scheduled for January 2025 council meeting.
