Kauai County Council Meeting – February 26, 2025

The Kauai County Council met on Wednesday, February 26, 2025, at 8:30 AM in the Council Chambers, Līhuʻe. The meeting began with a certificate presentation for U Matter Kauai’s teen suicide prevention program, followed by a public hearing on Bill 2941 (HGEA hazard pay) and the regular agenda. Key actions included approval of a resolution urging the state legislature to establish universal free school meals, first readings of two ordinances (criminal trespass on county lands and a new real property tax classification for long-term affordable rentals), and receipt of the Cost Control Commission’s 2024 annual report.

Certificate Presentation: U Matter Kauai

• Council recognized U Matter Kauai for its 2025 Teen Suicide Prevention Program and the upcoming event "Guided by His Light: A Rally to Save Lives" on February 28, 2025, at the War Memorial Convention Hall. The event targets 6th–12th graders and their families with a resource fair, free food, performances, and suicide prevention strategies. Presenters Chris and Rami Donahoe, along with daughter Riley and representatives from the Nehemiah Center, described the event and the ongoing need for mental health resources. The council expressed strong support, emphasizing the importance of spiritual and community connections, and noted the event will be professionally recorded.

Public Hearing: Bill 2941 (HGEA Temporary Hazard Pay)

• The public hearing was convened and closed with no oral or written testimony. The bill appropriates $6,681,414 from various funds to fund the settlement agreement with HGEA for temporary hazard pay related to COVID-19 exposure (March 2020 – March 2022). The council later advanced the bill (approval not explicitly stated, but no opposition noted).

Consent Calendar

• C 2025-51 (Bond summary reports) and C 2025-52 (Resolution for universal free school meals – separate resolution discussed later) were received by unanimous vote.

Public Comments & Testimony

• Lonnie Cycles commended the Cost Control Commission for its work, contrasted past inaction with current effectiveness, and urged continued attention to cost control.
• Tom Passerella advocated for improving efficiency of county departments, suggested creating a county health department, and called for more volunteer programs and free pickleball courts.
• Bruce Hart (on C 2025-55) expressed support for the Hazard Mitigation Grant application, noting parallels to federal DOGE efforts, and questioned FEMA’s future.
• Bruce Hart (on C 2025-56) clarified that overweight vehicles cause disproportionate road damage (1 tractor-trailer = 77 passenger cars) and that indemnification shifts liability to the county.
• Lonnie Cycles (on C 2025-59) questioned the need for a new trespass ordinance, warning that allowing any county employee to issue a 30-day trespass notice could lead to liability and civil rights violations.
• Heidi Schemp (on Bill 2944) supported the new tax classification for long-term affordable rentals but urged the council to expand eligibility criteria to prevent loss of existing rentals.
• Additional testimony on other items was brief and supportive.

Discussion Items

Cost Control Commission 2024 Annual Report (C 2025-53)

• Commission Administrator Ellen Ching and past chair Andrew Mr. presented the report. The commission met nine times and made two recommendations:
  1. Adopt a mid-year resolution process for significant line-item appropriations lacking justification or likelihood of being expended.
  2. Establish a secondary review of the Council Services budget to enhance checks and balances, noting that the council both prepares and approves its own budget.
• Council members discussed the recommendations. Chair Rapozo acknowledged that the Council Services budget had a large unexpended balance ($600,000) due to lower-than-expected staff hiring, and took responsibility for not catching it during the mid-year review. He assured the commission that future budgets would only allocate funds for staff actually hired. Council member Cowden explained that the allocation was intended to bring Kauai in line with other counties’ legislative staffing. The council expressed gratitude for the commission’s work and agreed to improve transparency.

Hazard Mitigation Grant Program (C 2025-55)

• Finance Director Chelsea Sakai presented a request to apply for $18.54 million in federal HMGP funds (75% federal, 25% county match) for four projects: GIS enhancement, civic center emergency power, fire station door hardening, and police department power project. The county match for three projects is contingent on award. The council approved the application.

Indemnification for Oversize/Overweight Vehicle Permits (C 2025-56)

• County Engineer Bryson Beavis explained that the Department of Public Works needs annual permits to move heavy equipment across state bridges. The council approved the indemnification provision, which releases the state from liability for damage caused by county vehicles.

Community Wildfire Protection Plan Grant (C 2025-57)

• The council approved a request to accept $78,000 from the USDA Forest Service to update the Kauai Community Wildfire Protection Plan for a 24-month period.

Public Surplus Auction Platform (C 2025-58)

• Purchasing Chief Ernie Barrera presented a request to approve indemnification provisions for using Public Surplus (auction platform) and PayMac (payment processing). The council approved, with testimony supporting increased transparency in surplus property disposal.

Criminal Trespass Ordinance (Bill 2943) – First Reading

• CIP Coordinator Michael Contrades introduced the ordinance to establish a trespass process for closed county lands (e.g., after-hours facilities). The bill would allow any county employee, with a witness/police officer, to issue a written warning banning a person for 30 days; subsequent violations would be misdemeanors (fine up to $1,000 and/or 30 days for first offense). Supporters cited 2,728 police calls to county lands in 2024 and over $300,000 spent cleaning up the airport area. Council members expressed concerns about potential overreach and the need for police to serve notices. Chair Rapozo noted the police department supports the bill and will primarily enforce it. The council approved first reading with an amendment circulated (details not specified), scheduled a public hearing for March 25, 2025, and referred the bill to the Committee of the Whole.

Real Property Tax Classification for Long-Term Affordable Rentals (Bill 2944) – First Reading

• Chair Rapozo explained the bill creates a separate property tax classification for properties enrolled in the county’s long-term affordable rental program, separating them from the owner-occupant class. The change does not alter current tax rates or benefits but allows for better tracking and future policy flexibility. Council members discussed the importance of preserving existing affordable rentals, with Councilmember Cowden noting recent loss of units due to owners selling. The council approved first reading with an amendment (circulated), scheduled a public hearing for March 25, 2025, and referred the bill to the Finance and Economic Development Committee.

Key Outcomes

• Resolution 2025-19: Approved unanimously (7-0), urging the state legislature to support a universal free school breakfast and lunch program.
• Bill 2943 (Trespass): Approved on first reading as amended (7-0), public hearing set for March 25, 2025, referred to Committee of the Whole.
• Bill 2944 (Tax Classification): Approved on first reading as amended (7-0), public hearing set for March 25, 2025, referred to Finance and Economic Development Committee.
• C 2025-55 (Hazard Mitigation Grant): Approved to apply for $18.54 million in federal funds.
• C 2025-56, C 2025-57, C 2025-58: Approved unanimously.
• C 2025-59 and C 2025-60: Received as communications.
• C 2025-61 (Claim): Approved unanimously.
• CR-PWVS 2025-02: Received for the record.