Kauai County Council Meeting – May 14, 2025

The Kauai County Council convened on May 14, 2025, at 8:30 a.m. (or soon thereafter) in the Council Chambers. The meeting included a prayer, approval of minutes, an interview for the Building Board of Appeals, numerous consent and communication items, first readings of multiple bills, and a second reading of Bill No. 2951 (commercial use of parks facilities). Public hearings were held on two bills, and the council recognized the Kauai Historical Society’s 111th anniversary.

Consent Calendar

• C 2025-105 – Human Resources Report (May 1, 2025) received for information.

Communications & Approvals

• C 2025-106 – Transmittal of draft Bill No. 2954 (Open Space Fund amendment) received; bill introduced later.
• C 2025-107 – Approval to accept donation of two explosive storage magazines from the State Department of Law Enforcement (valued at $4,247.06) for secure storage of fireworks. Council approved after discussion with KPD Captain Darren Rose.
• C 2025-108 – Approval to accept and expend $42,647 from the Edward Byrne Memorial Justice Assistance Grant for drug investigations. Lt. Christian Jenkins reported that 2024 drug seizures increased approximately 155% over 2023, including 20 pounds of methamphetamine. Grant will fund training for vice investigators and canine units. Motion carried.
• C 2025-109 – Approval of Rocket Software license agreement for secure connection to the state’s motor vehicle registration system. Approved.
• C 2025-110 to 114 – Communications from Human Resources regarding cost items for UPW Bargaining Unit 1 and HGEA Bargaining Units 2, 3, 4, and 13 for FY 2025-2029. All received; bills introduced later.
• C 2025-115 – Mayor’s supplemental budget communication for FY 2025-2026. Public hearing scheduled for May 21, 2025, and referral to the May 28 council meeting.

Claims

• C 2025-116 and C 2025-117 – Two vehicle damage claims (Lindsay Matthews and State Farm a/s/o Melissa Ann Marie Patton) referred to the County Attorney for investigation and report.

Committee Report

• CR-PL 2025-07 – Planning Committee report on Bill No. 2951 (commercial use of parks facilities) approved as amended.

Bills for First Reading

• Proposed Draft Bill No. 2954 (Open Space Fund amendment) – Approved on first reading (7-0), public hearing June 4, referred to Planning Committee.
• Proposed Draft Bills Nos. 2955-2959 (Collective bargaining agreements for Units 1, 2, 3, 4, and 13) – All approved on first reading (7-0 each), public hearings June 4, referred to Finance and Economic Development Committee.

Bill for Second Reading

• Bill No. 2951, Draft 1 (Commercial use of parks facilities) – The main item of public discussion. Councilmember Cowden proposed an amendment to add notification requirements (certified mail to 300-foot radius, posting a sign in the park, and posting on the planning commission agenda). After debate, the planning commission agenda portion was removed by a friendly amendment. The remaining amendment (certified mail and sign) was voted down (2 ayes, 5 noes). The bill, as originally recommended by the Planning Committee, passed on second reading 6-1 (Councilmember Cowden dissenting).

Public Hearings

• Bill No. 2952 (Electric vehicle charger user fees and restrictions) – No public testimony; hearing closed.
• Bill No. 2953 (SHOPO temporary hazard pay budget amendment) – No public testimony; hearing closed.

Public Comments & Testimony (on Bill 2951)

• Supporters (Desiree Harani, Brian Allen, Billy Carter, Tiari Walborn, and others) expressed strong support for legalizing farmers’ and artisans’ markets, noting the hardship caused by the five-month shutdown. They urged passage to allow markets like Princeville to resume and to provide economic opportunities for local vendors.
• Opponents/Concerned (Carl Imperato, Lonnie Sycos, Bruce Hart, and others) argued the bill conflates private property markets with county parks, lacks adequate public process, and could lead to over‑commercialization of parks. They requested more safeguards, including public hearings, time limits on permits, and clearer enforcement mechanisms. Some questioned the 300-foot notification radius and the process for protesting permits.
• Councilmember Cowden acknowledged the passion but noted that the existing regulatory framework and future administrative rules would address many concerns. She expressed concern about the lack of a finalized rulemaking process before the bill’s passage.

Discussion Items (Bill 2951)

• Extensive debate on the amendment and the bill itself. Councilmembers Holland, Kanashiro, and others defended the bill as a necessary update to allow markets that already operate informally. They emphasized that the bill includes community notification (300-foot certified mail) and that the parks department will develop administrative rules before any county park markets begin. Councilmembers Cavallo and Kuali supported the bill, noting the balance between community needs and safeguards. Councilmember Cowden expressed concerns about the potential for abuse and the lack of a prior rulemaking process but ultimately voted against the bill.

Key Outcomes

• Building Board of Appeals – Interview with Jason Ornellas conducted; appointment resolution to be voted on at the next council meeting.
• Bill 2951 – Passed on second reading (6-1). Will now proceed to enactment. The bill allows farmers’ and artisans’ markets on county parks and private community use facilities under a Class 1 zoning permit with 30-day notice and 300-foot certified mail notification.
• Budget – Public hearing on the mayor’s supplemental budget set for May 21, 2025.
• Historical Society Recognition – The council recognized the Kauai Historical Society’s 111th anniversary. Council members praised the society’s role in preserving local history and voiced support for extending its lease and providing grant funding.

Historical Society Recognition

Following the regular agenda, the council honored the Kauai Historical Society on its 111th anniversary. Executive Director Pam Chalk and board members shared the society’s history and collections. Council members expressed gratitude and encouraged public support and donations.