OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kauai County Council Meeting – December 18, 2024

County Council & CommitteesWednesday, December 18, 2024
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateWednesday, December 18, 2024
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:04

Morning everyone and welcome to the council meeting today, December 18th.

0:08

We're gonna start off with a certificate presentation, Councilmember Calder.

0:11

Yeah, I'm I'm delighted to honor Nick Beck, person I've known for a long time.

0:16

I always torture him by telling him he's one of the best bosses I've ever had when he was principal at Hanale School.

0:22

Um so he got a Duke Kahanamoku Award.

0:27

So the council uh of the county of the Canada come up.

0:32

Yeah, come up.

0:35

Um we present this certificate to Nick Beck for winning the uh right there.

0:44

Outrigger Duke, Hanamoku Foundation, Hawaii Waterman Hall of Fame.

0:50

And so we honor you, Nick, for your recent induction into the Hall of Fame on November 7th.

0:58

Um the Hawaii Waterman Hall of Fame honors those remarkable legends within our islands, water sports, commonly community whose lifetimes of contribution have inspired and perpetuated the unique connection between our Kama and the ocean.

1:13

In my own words, it feels like getting a gold medal, you know.

1:17

Um so you were born and raised in Kauai.

1:20

You've been a transformative figure in the world of Hawaiian canoe paddling and canoe sailing for decades, a two-time Molokaiho, a canoe racing world champion.

1:30

Nick's influence extends beyond competition.

1:34

In addition to winning titles and coaching in the Waikiki Surf Club, Outrigger Canoe Club, and Kawaii's Canoe Club.

1:41

He co-founded the Hanalae Hawaiian Pacific Canoe Club and the Hawaiian Sail and Canoe Association helping to shape the future of both Outrigger paddling and canoe sailing in Hawaii.

1:53

Nick's innovative spirit is exemplified in his design and construction of the Holo Pony, a three-person sailing canoe that has become a benchmark for the ease of use and durability in challenging inner island voyages.

2:06

It was his time and dedication to canoe sailing on the holo puni that reminded him of the traditional ways of our ancestors who would not only fish, sail and surf, but also voyage and explore.

2:20

An educator by profession, you earn degrees from the University of Southern California, University of Hawaii, later becoming the principal of Hanalay Elementary School.

2:31

We recognize his steadfast commitment to Kauai and our North Shore communities, previously serving on several boards of directors, including the Hanolay Museum, Kilauea Point Natural History Association, and was a member of the National Association of Elementary School Principals.

2:48

The Kawaii County Council commends you on receiving one of Hawaii's most prestigious awards and honors your outstanding contributions towards both outrigger paddling and canoe sailing in Hawaii.

2:58

Mahalo Nui Loa, and this is signed by all of us.

3:01

And I also want to just acknowledge like your son Hobie in the room and your other son David.

3:06

You have raised extraordinary watermen on the, you know, each one of you, um, each one of the your sons is a powerful presence in the ocean.

3:17

And how many kids in our community you have, and even in Tahiti, all over.

3:23

You have made such a difference to keep canoe sailing and canoe paddling and great surfers too.

3:30

So you you've done so much.

3:32

So I thank you and honor you, and you make us proud.

3:36

And um uh I want to give you a moment to say whatever you would like.

3:42

Thank you.

3:44

Um, it's I was kind of overwhelmed by all of this.

3:48

And when I look at um other recipients of the Duke Award uh for watermen um recognition, it is a it's pretty amazing who's there, and uh I extremely amazing company, but um it was really doing this uh with in all aspects, such great support from uh family and friends and community.

4:25

Um just to encourage them and and uh do something where we could develop long-range programs for the kids to carry on uh a tradition that um as far as saying it was basically non-existent when I started out, and now um in the canoe paddling, we have uh world championships, which I always involved in from the very start.

5:00

them and and uh do something where we could develop long range programs for the kids to carry on uh a tradition that um as far as saying it was basically non-existent when i started out and now um in the canoe paddling we have uh world championships which I don't know it's involved in the very start uh and the recent one in Hilo uh world championship um I think there were 36 countries represented about 1000 paddlers from all over the world came uh we have international sailing races uh with our canoes um sailing in throughout Hawaii the West Coast the East Coast uh throughout the Pacific all the islands and now in even in the Mediterranean and in Europe the culture is uh is being perpetuated and so it's not just sailing or it is uh expanding the culture of our Hawaiian ancestry and avoiding and paddling and sailing it's it's taking and just played a very small part in it but um it's been an honor and a joy to do so I guess that's it one of the questions it was asked at the uh thing to you know how do you get started in all this and uh I guess my answer was pretty simple at the time um at six months old my dad had a surfboard made for me uh by one of his uh patients Hawaiian man employed and took me down to the baby beach put me on it and push me in on a way and like that book me and I'm still devote never gotten out of the water hope and never will so thank you very much I appreciate your yes and work does anyone have something they'd like to say um vice chair kuoli just wanted to say congratulations on this amazing recognition and mahalo noa the deepest gratitude for all the knowledge and skills that you've um passed on over the years um in helping perpetuate uh this Hawaiian tradition in our our culture mahaloa uh uh council member cravalia uh remember you man uh those days those you know kind of shorter and wider but at the same time your presence and your commitment to really reaching out to us as students at the elementary school and uh well intermediate and then um all your work in our community I have problems fitting in a canoe so I never paddle but at the same time what awesome um legacy you have overall and you've impacted you know a lot of different levels of students so I appreciate you and congratulations and look forward to more opportunities to stock start along thank you council member can I just want to say congratulations what an honor and it's all truly deserving of you so I'm sure um everybody's super proud your family is here and yeah just congratulations thank you um council member Holland just want to echo everyone said thank you so much and congratulations it's such a wonderful achievement and super proud of you thank you council member bulasan dido everyone thank you and uh chair riposo thank you uh Mr.

8:39

Beck congratulations uh truly a living legend um I I looked up the uh the award and there's some names on there that I don't know but growing up I never I I body surfed and boogie board I never I just for some reason couldn't function on a surfboard but growing up we uh had the surfer surfing magazines and we would take out cut out pictures and make boards and even though I wasn't a surfer I was a body surfer uh but uh on that list of course ADI cow and of course do canamoku but um buffalo Kiolana I remember um rabbit cake uh and of course Rail Sun these were people that uh I never met but there were you know idols uh to a lot of us growing up that spent a lot of time in the water but I know Thompson is on there China Kai Lenin Carissa Moore I mean these are legends um and then Kawaii Kalani Vieira and Sharon Webber both got this award as well um it's an amazing it's uh truly an outstanding award not easy as you go through the list there's not very many people that get this award throughout the state so congratulations on that's a huge accomplishment but I think it's been said by by others your contributions to this community you know in my opinion far outweigh uh the awards that that you can get the the unrecognized things that you do in our community every single day to me is special and makes you um special so congratulations Mr.

10:00

But I think as been said by by others, your contributions to this community, you know, in my opinion, far outweigh uh the awards that that you can get, the the unrecognized things that you do in our community every single day.

10:18

Uh to me is special and makes you uh special.

10:22

So congratulations, Mr.

10:23

Beck, and um thank you for all that you do, and we'll continue to appreciate you.

10:28

And before I let you go, I just want to share one last memory.

10:31

When I did work at Hanalay School, he'd be out there in his wet trunks with a damp t-shirt, uh greeting all the kids by name as they got out.

10:43

And at Hanalay, we had you know, world champion, Andy Irons, but the Irons, the Powers, Danny Fuller, so many of these people who have really become absolute world renowned surfers, and what an affirmation to have your principal be deeply involved in what you do, just like we have a mayor who is a football player, it's great for all our football kids.

11:11

You you were great for all of them.

11:12

So thank you so very much.

11:15

And then we take a little break and take a picture, right?

11:17

And yeah, and let's we'll take a short recess, and if we could have you and your ohana come up under the seal, we'll take a message.

11:30

Yeah, we're just gonna be able to do that.

13:49

Oh, okay.

13:49

Are we ready?

13:54

Good morning.

13:55

Uh before we get started with the agenda, we do have uh four public hearings.

13:59

So I think that clerk can we have the first public hearing, please.

14:02

No, this is here by given that the Koei County Council hold a public hearing on Wednesday, December 18th at 8 30 a.m.

14:08

or soon thereafter in the council chambers for 396 Ray Street room 201, they in the historic county building in Lihue on Bill 2936.

14:17

A bill for an ordinance amending chapter 8, Koei County Code 1987 as amended relating to zoning designations in Wailua Kauai.

14:24

The county of Hawaii Planning Department is the applicant.

14:27

This bill proposes to remove special treatment public facilities designation for certain from certain residential areas in Wailua Kauai as the STP zoning district is for all public and quasi public facilities, other than commercial, including schools, churches, cemeteries, hospitals, libraries, police and fire stations, government buildings, auditoriums, stadiums, and gymnasiums, which are used by the general public or which tend to serve as gathering places for the general public and those areas which, because of their unique locations, are specially suited for such public and quasi-public uses.

15:03

The proposed change would provide that the applicable residential properties no longer be required to obtain a discretionary use permit for matters that would typically require a ministerial class one permit.

15:15

The parcels identified by the TMK for the Wailua area include the following report for 1016 parcels 3 through 28, and Bill 2937 of Bill for an ordinance amending chapter 8.

Discussion Breakdown — Share of Meeting
Real Property Tax██████████████████████████████30%
Procedural█████████████████████21%
Community Engagement████████████12%
Surfing Culture██████6%
Public Engagement██████6%
Economic Development█████5%
Personnel Matters███3%
Fire Safety███3%
Historic Preservation██2%
Summary of Proceedings

Kaua'i County Council Meeting – December 18, 2024

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.

Meeting Transcript

Morning everyone and welcome to the council meeting today, December 18th. We're gonna start off with a certificate presentation, Councilmember Calder. Yeah, I'm I'm delighted to honor Nick Beck, person I've known for a long time. I always torture him by telling him he's one of the best bosses I've ever had when he was principal at Hanale School. Um so he got a Duke Kahanamoku Award. So the council uh of the county of the Canada come up. Yeah, come up. Um we present this certificate to Nick Beck for winning the uh right there. Outrigger Duke, Hanamoku Foundation, Hawaii Waterman Hall of Fame. And so we honor you, Nick, for your recent induction into the Hall of Fame on November 7th. Um the Hawaii Waterman Hall of Fame honors those remarkable legends within our islands, water sports, commonly community whose lifetimes of contribution have inspired and perpetuated the unique connection between our Kama and the ocean. In my own words, it feels like getting a gold medal, you know. Um so you were born and raised in Kauai. You've been a transformative figure in the world of Hawaiian canoe paddling and canoe sailing for decades, a two-time Molokaiho, a canoe racing world champion. Nick's influence extends beyond competition. In addition to winning titles and coaching in the Waikiki Surf Club, Outrigger Canoe Club, and Kawaii's Canoe Club. He co-founded the Hanalae Hawaiian Pacific Canoe Club and the Hawaiian Sail and Canoe Association helping to shape the future of both Outrigger paddling and canoe sailing in Hawaii. Nick's innovative spirit is exemplified in his design and construction of the Holo Pony, a three-person sailing canoe that has become a benchmark for the ease of use and durability in challenging inner island voyages. It was his time and dedication to canoe sailing on the holo puni that reminded him of the traditional ways of our ancestors who would not only fish, sail and surf, but also voyage and explore. An educator by profession, you earn degrees from the University of Southern California, University of Hawaii, later becoming the principal of Hanalay Elementary School. We recognize his steadfast commitment to Kauai and our North Shore communities, previously serving on several boards of directors, including the Hanolay Museum, Kilauea Point Natural History Association, and was a member of the National Association of Elementary School Principals. The Kawaii County Council commends you on receiving one of Hawaii's most prestigious awards and honors your outstanding contributions towards both outrigger paddling and canoe sailing in Hawaii. Mahalo Nui Loa, and this is signed by all of us. And I also want to just acknowledge like your son Hobie in the room and your other son David. You have raised extraordinary watermen on the, you know, each one of you, um, each one of the your sons is a powerful presence in the ocean. And how many kids in our community you have, and even in Tahiti, all over. You have made such a difference to keep canoe sailing and canoe paddling and great surfers too. So you you've done so much. So I thank you and honor you, and you make us proud. And um uh I want to give you a moment to say whatever you would like. Thank you. Um, it's I was kind of overwhelmed by all of this. And when I look at um other recipients of the Duke Award uh for watermen um recognition, it is a it's pretty amazing who's there, and uh I extremely amazing company, but um it was really doing this uh with in all aspects, such great support from uh family and friends and community. Um just to encourage them and and uh do something where we could develop long-range programs for the kids to carry on uh a tradition that um as far as saying it was basically non-existent when I started out, and now um in the canoe paddling, we have uh world championships, which I always involved in from the very start. them and and uh do something where we could develop long range programs for the kids to carry on uh a tradition that um as far as saying it was basically non-existent when i started out and now um in the canoe paddling we have uh world championships which I don't know it's involved in the very start uh and the recent one in Hilo uh world championship um I think there were 36 countries represented about 1000 paddlers from all over the world came uh we have international sailing races uh with our canoes um sailing in throughout Hawaii the West Coast the East Coast uh throughout the Pacific all the islands and now in even in the Mediterranean and in Europe the culture is uh is being perpetuated and so it's not just sailing or it is uh expanding the culture of our Hawaiian ancestry and avoiding and paddling and sailing it's it's taking and just played a very small part in it but um it's been an honor and a joy to do so I guess that's it one of the questions it was asked at the uh thing to you know how do you get started in all this and uh I guess my answer was pretty simple at the time um at six months old my dad had a surfboard made for me uh by one of his uh patients Hawaiian man employed and took me down to the baby beach put me on it and push me in on a way and like that book me and I'm still devote never gotten out of the water hope and never will so thank you very much I appreciate your yes and work does anyone have something they'd like to say um vice chair kuoli just wanted to say congratulations on this amazing recognition and mahalo noa the deepest gratitude for all the knowledge and skills that you've um passed on over the years um in helping perpetuate uh this Hawaiian tradition in our our culture mahaloa uh uh council member cravalia uh remember you man uh those days those you know kind of shorter and wider but at the same time your presence and your commitment to really reaching out to us as students at the elementary school and uh well intermediate and then um all your work in our community I have problems fitting in a canoe so I never paddle but at the same time what awesome um legacy you have overall and you've impacted you know a lot of different levels of students so I appreciate you and congratulations and look forward to more opportunities to stock start along thank you council member can I just want to say congratulations what an honor and it's all truly deserving of you so I'm sure um everybody's super proud your family is here and yeah just congratulations thank you um council member Holland just want to echo everyone said thank you so much and congratulations it's such a wonderful achievement and super proud of you thank you council member bulasan dido everyone thank you and uh chair riposo thank you uh Mr. Beck congratulations uh truly a living legend um I I looked up the uh the award and there's some names on there that I don't know but growing up I never I I body surfed and boogie board I never I just for some reason couldn't function on a surfboard but growing up we uh had the surfer surfing magazines and we would take out cut out pictures and make boards and even though I wasn't a surfer I was a body surfer uh but uh on that list of course ADI cow and of course do canamoku but um buffalo Kiolana I remember um rabbit cake uh and of course Rail Sun these were people that uh I never met but there were you know idols uh to a lot of us growing up that spent a lot of time in the water but I know Thompson is on there China Kai Lenin Carissa Moore I mean these are legends um and then Kawaii Kalani Vieira and Sharon Webber both got this award as well um it's an amazing it's uh truly an outstanding award not easy as you go through the list there's not very many people that get this award throughout the state so congratulations on that's a huge accomplishment but I think it's been said by by others your contributions to this community you know in my opinion far outweigh uh the awards that that you can get the the unrecognized things that you do in our community every single day to me is special and makes you um special so congratulations Mr. But I think as been said by by others, your contributions to this community, you know, in my opinion, far outweigh uh the awards that that you can get, the the unrecognized things that you do in our community every single day. Uh to me is special and makes you uh special. So congratulations, Mr. Beck, and um thank you for all that you do, and we'll continue to appreciate you. And before I let you go, I just want to share one last memory. When I did work at Hanalay School, he'd be out there in his wet trunks with a damp t-shirt, uh greeting all the kids by name as they got out. And at Hanalay, we had you know, world champion, Andy Irons, but the Irons, the Powers, Danny Fuller, so many of these people who have really become absolute world renowned surfers, and what an affirmation to have your principal be deeply involved in what you do, just like we have a mayor who is a football player, it's great for all our football kids. You you were great for all of them. So thank you so very much. And then we take a little break and take a picture, right? And yeah, and let's we'll take a short recess, and if we could have you and your ohana come up under the seal, we'll take a message. Yeah, we're just gonna be able to do that. Oh, okay. Are we ready?

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