Kaua‘i County Council Meeting – January 16, 2025
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Kaua‘i County Council Meeting – January 16, 2025
Following a public hearing on Bill No. 2940 (real property tax settlement and compromise powers), the Kaua‘i County Council convened its regular meeting at 8:30 AM in the Council Chambers. The council considered appointments, grants, a license agreement, a claim referral, committee reports, and four bills on second reading. All votes were unanimous among the four members present (Councilmembers Cavallio, Holland, Kaneshiro, and Vice Chair Cooley), with three members excused.
Public Hearing: Bill No. 2940
- A public hearing was held on Bill No. 2940, which proposes to amend Chapter 5A of the Kaua‘i County Code relating to real property tax. The bill would grant the Director of Finance settlement and compromise powers for tax disputes, clarify authority to compromise without council approval, and address reclassification and assessment cap resets when a home exemption is disallowed for up to three years. No members of the public testified.
Consent Calendar
- Items Received: Communications C 2025-18 through C 2025-22 – mayoral appointments to the Salary Commission (Paul Gerard Toner, Nancy Ann Kanna), the Building Board of Appeals (Francis Ka‘awa, Nathan A. Wood), and quarterly Condition of the County Treasury statements. All were received without discussion.
Public Comments & Testimony
- Opening Blessing: Kumu Kalama Dawson provided a cultural opening, offering reflections on the meaning of “Kaua‘i” (you and I with God) and the responsibilities of leadership, emphasizing family, water, and land as core values. No oral testimony was offered on any agenda item.
Discussion Items
- Liquor Control Commission Interview: Gerald “Chip” Bahouth was interviewed for a partial term ending December 31, 2025. He has extensive hospitality management experience, including serving as GM of the Sheraton Kauai Resort. Councilmembers thanked him for his community service, and no public testimony was heard. (Appointment confirmed later via resolution? Actually, the appointment was confirmed by resolution later? The transcript shows the interview but no immediate vote on confirmation – the appointments were handled under resolutions later. The interview was for the commission, but the confirmation is covered in resolutions. So it is a discussion item.)
- Communication C 2025-23 – Fire Engine Grant: Fire Chief Michael Gibson requested after-the-fact approval for a $352,727 FEMA Assistance to Firefighters Grant to purchase one Type V brush truck. The truck has a heavier frame and larger water capacity, with an 18-month delivery timeline. It will be stationed at the Kapahi fire station. The council approved the request.
- Communication C 2025-24 – DOH Transportation Training Grant: The council approved accepting and expending $75,000 from the Hawai‘i State Department of Health for multi-modal transportation training, with no local match required.
- Communication C 2025-25 – Title VI Program: The council approved the Transportation Agency’s updated Title VI program submission to the Hawai‘i Department of Transportation’s Office of Civil Rights.
- Legal Document C 2025-26 – Groundwater Wells License: The council approved a license agreement with the state Agribusiness Development Corporation to install two groundwater monitoring wells (15–20 feet deep, 8-inch boreholes) upgradient from the Kekaha Landfill. Councilmember Holland expressed concern about potential leaching from the unlined first phase of the landfill and thanked staff for increased monitoring.
- Claim C 2025-27 – Personal Injury Claim: A claim filed by The Law Offices of Kaiteris & Kavanagh, PLLC, as subrogee of Joseph Iorio, for personal injury and medical bills was referred to the County Attorney for investigation and report.
- Committee Reports: The council approved reports from the Planning Committee (CR-PL 2025-01 and 2025-02 on zoning bills), the Housing & Intergovernmental Relations Committee (CR-HIR 2025-01 – update on the Courtyards at Waipouli relocation plan – received for record), the Public Safety & Human Services Committee (CR-PSHS 2025-01 on fire code bill), the Finance & Economic Development Committee (CR-FED 2025-01 on budget amendment), and the Committee of the Whole (CR-COW 2025-02 – briefing on the 2030 Blueprint of Hawai‘i – received for record).
- Bills for Second Reading: All four bills were approved unanimously:
- Bill No. 2936: Amendment to Chapter 8 relating to zoning designations in Wailua.
- Bill No. 2937: Amendment to Chapter 8 relating to zoning designations in Hanapepe.
- Bill No. 2938: Amendment to Chapter 15A relating to the Kaua‘i County Fire Code.
- Bill No. 2939, Draft 1: Amendment to the Fiscal Year 2024-2025 operating budget, revising amounts in the General Fund, Highway Fund, G.E. Tax Fund, Solid Waste Fund, Sewer Fund, and Golf Fund.
Key Outcomes
- Appointments Approved (Roll Call, 4-0 with 3 excused):
- Resolution No. 2025-11 – Paul Gerard Toner to the Salary Commission.
- Resolution No. 2025-12 – Nancy Ann Kanna to the Salary Commission.
- Resolution No. 2025-13 – Francis Ka‘awa to the Building Board of Appeals (At-Large).
- Resolution No. 2025-14 – Nathan A. Wood to the Building Board of Appeals (Building/Construction).
- Grant Approved: Fire engine grant (C 2025-23) – application accepted and funds authorized.
- Training Grant Approved: DOH funds (C 2025-24) – accepted and expended.
- Title VI Program Approved: Transportation Agency submittal (C 2025-25).
- License Agreement Approved: Groundwater well monitoring at Kekaha Landfill (C 2025-26).
- Claim Referred: Personal injury claim (C 2025-27) sent to County Attorney.
- All Bills Passed Second Reading: Bill Nos. 2936, 2937, 2938, and 2939 (Draft 1) approved on final reading.
- Meeting Adjourned: No further business.
Meeting Transcript
Notices here by given that the council of the county of KOI will hold a public hearing on Wednesday, January 16, 2025 at 8 30 a.m. or soon thereafter in the council chambers 4396 Rice Street in the historic county building on bill number 2940, a bill for an ordinance amending chapter 5a Koi County Code 1987 as amended relating to rural property tax. This is for settlement and compromise powers. This bill proposes to amend chapter 5A Koikani Code 1987 as amended relating to rural property tax by providing for the director of finances settlement and compromise powers under Chapter 5A in a single section and by clarifying the authority of the director to compromise disputes pertaining to waiving whether partially or fully disputes concerning the amount of taxes owed where no appeal has been filed and clarifying that the director may settle without council approval rural property tax appeals. Additionally, if a home exemption is disallowed pursuant to section 5811.1e, the tax classification where their owner occupied or owner occupied mixed use shall be reclassified and reassessed, and taxes for those years shall be recalculated with without the exemption and the assessment cap reset at the same time the exemption is disallowed, where the disallowance of the home exemption is made for up to three years, current plus two years prior, as allowed under section 5811.1e. A taxpayer who unduly benefited from the 3% assessment cap shall have the assessment reset to the actual market value in those affected tax years. Okay, is there anyone in the audience wishing to testify on this bill? Seeing none. The public hearing is now closed. Um January 16, 2025 council meeting to order. Clerk, can you please call the roll? Councilmember Cavallio here. Councilmember Holland. Present. Present. And Vice Chair Cooley. Present. Next item, please. Oh, can I get a motion to we just have the agenda next week? Can I get a motion and a second to approve the agenda? Approved. Second. Okay, thank you. Um all those in favor say aye. Aye. Any opposed? Motion carries. Um the next item is on page two minutes of the following meetings of the council. The December 18th council meeting, the December 18th public hearing regarding bill number 2936, 2937, 2938, and bill number 2939. Can I get a motion to approve and a second? Second. Okay, all those in favor? Aye. Aye. Any opposed? Motion carries. Next, we have a uh interview. So we will call out the this is an interview for the Liquor Control Commission for Gerald Behooth for a partial term ending 1231 25. Suspending the rules, we'll hear from boards of commission, boards and commissions. Thank you, Annela. Thank you. Good morning. Anella Davis, Office of Boards of Commissions. I'm pleased to introduce Gerald Behuth. Most of us know him as Chip. Chip was born in Syracuse, New York, but moved to Hawaii as a five-year-old toddler. In Hawaii, he attended Lahaina Luna High School, transferred to Kauai High School, and graduated from St. Louis. Following high school, Chip enrolled at the University of Denver in Colorado and earned a degree in business and hotel management. From there, for two years, he attended Sheraton's Management Program in San Francisco at the iconic and historic Palace Hotel.
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