Kauai County Council Meeting – April 8, 2026

The Kauai County Council convened on Wednesday, April 8, 2026, at 8:30 a.m. (meeting start) in the council chambers. The meeting opened with an invocation by Reverend Sherry Dennis, followed by a public hearing on Bill 2987 (real property tax amendments) which received no testimony and was closed. The council then approved the agenda, minutes, and various consent calendar items. Major agenda items included a detailed presentation on the Open Space Commission's biannual report, a presentation on the Smart 911 system with passionate public testimony, several prosecutor’s office grants, and a first‑reading bill to reduce the homeowner occupancy requirement from 270 to 210 days, which was ultimately received (killed).

Consent Calendar

• Approved the agenda and minutes of previous meetings (March 11, 2026 council meeting and public hearings on Bills 2981 and 2984).
• Received consent calendar item C2026-77.
• Received C2026-78 (Open Space Commission 2024‑2025 biannual report) after discussion, and voted to receive it.
• Approved claims C2026-84 and C2026-85.
• Approved committee reports from Finance and Economic Development (CR‑FED 2026‑05) and Committee of the Whole (CR‑COW 2026‑02).
• Confirmed mayoral appointment of Kuule Aloha Santos to the Planning Commission (Resolution 2026-12).

Public Comments & Testimony

• Smart 911 System: Four community members testified in strong support:
  • Desiree Takub: Emphasized that the system helps first responders know about her needs and can assist if she wanders from home.
  • Alita Smith: Stated it would help emergency responders know details about her family.
  • Nancy Borelis: Shared a personal scenario about a stroke victim and highlighted how the system saves critical time; called it a “no‑brainer.”
  • Kylie Moonese: Noted it helps first responders understand individuals who cannot speak and use communication devices.
• Bill 2992 (home exemption days): A public speaker (Mr. Seykles) provided testimony against the current enforcement system, arguing it is unfairly complaint‑based and violates civil rights. He cited his own 10‑month absence to care for his mother and questioned why the law should dictate occupancy if a home is the sole legal residence.

Discussion Items

Open Space Commission Biannual Report (C2026-78)

• Presentation by Robin Pratt (Chair), Jodi Higuchi Saigusa (Planning Department clerk), and Shiley Akoga (Open Space Planner).
• Key accomplishments: finalizing pending proposals, acquiring the Hanapepe Massacre parcels, forming a permitted interaction group (PIG) to prioritize coastal accesses, and revising rules to allow up to 5% of the fund for maintenance.
• Key recommendation: Condemnation of a beach access easement at Aliamanu (TMK 4‑9‑001‑013) to secure pedestrian access; the commission proposed a resolution for condemnation.
• Council discussion:
  • Councilmember Oppelt (Chair) suggested restoring the Open Space Fund allocation from 0.5% to 1.5% of real property tax revenue, noting that land values have increased 23% in five years and the fund now has less purchasing power.
  • Commission Chair Pratt stated that increasing funding would significantly enhance the commission’s ability to acquire more property and act quickly.
  • Councilmembers inquired about lost easements, cultural sensitivity in access priorities, and the process for community proposals. The commission confirmed that any community member can submit a proposal via an online survey, and that the PIG is reviewing all existing accesses.
  • Concerns were raised about limited funding: only $3.9 million in the fund, with pending litigation and other proposals. Some members urged spreading acquisitions across all three island districts.
• Council members expressed strong support for the commission’s work and the need for additional funding.

Smart 911 System (C2026-79)

• Presentation by Amelia Kiavich Kenny Holani (Kauai program specialist, Hawaii State Council on Developmental Disabilities) and Leona Saw McDermott (parent and Special Olympics coach).
• Smart 911 is a free, voluntary service that allows residents to create a safety profile (medical conditions, medications, communication needs, home layout) linked to their phone number. When 911 is called, dispatchers see the profile instantly.
• Currently available on Oahu and Maui; funding already exists through 911 surcharges, so no county cost.
• Council discussion:
  • Councilmembers universally expressed strong support, calling it a “no‑brainer” and “priceless.”
  • Councilmember Oppelt indicated he would contact the 911 commission to move forward and suggested a council resolution to support the rollout.
  • Several members noted the benefit for first responders and the need for complementary trauma/de‑escalation training.
• A photo was taken on the steps to memorialize the moment.

Prosecutor’s Office Grants (C2026-80, 81, 82)

• C2026-80: Supplemental federal funds of $50,000 for the Victims of Crime Act (VOCA) expansion project, bringing total to $253,743. Approved unanimously.
• C2026-81: Indemnification agreement for the same VOCA grant for the period October 1, 2026 – June 30, 2027. Approved unanimously.
• C2026-82: $62,485 from the Edward J. Byrne Memorial Justice Assistance Grant to start a digital evidence transcription initiative for body‑worn camera footage. The prosecutor stated it will reduce review time, lessen vicarious trauma for deputies, and improve case processing. Approved unanimously.
  • Councilmember Kuali praised the efficiency gain; a public speaker (Mr. Seykles) supported the initiative after understanding it.

Bill 2992 – Home Exemption Occupancy Days (First Reading)

• Councilmember Cowden introduced a bill to reduce the required occupancy for a homeowner exemption from 270 days to 210 days (seven months). She argued that many long‑term residents must travel for health, work, or family and should not risk losing their tax rate.
• Administration response (Scott, Real Property Tax Manager): The administration does not support reducing the requirement, stating that current practice already provides discretion: exemptions are not revoked if the owner does not rent out the home and maintains it as a primary residence. The administration is working on rule amendments to codify exceptions.
• Council debate:
  • Councilmembers Oppelt, Kaneshiro, Holland, and others strongly opposed the change, stating that a 210‑day requirement (57% of the year) would incentivize part‑time residency and undermine the intent of the homeowner exemption, which is to benefit full‑time residents. They noted that the current 270‑day rule already allows for reasonable accommodations and that lowering the number would open the door to abuse.
  • Councilmember Cowden expressed frustration that she had not received a response from finance despite raising the issue multiple times. She acknowledged the opposition and accepted the motion to receive (kill) the bill, but urged the administration to work on rule clarifications for exceptional circumstances.
• Motion to receive (kill) passed 7‑0.

Bill 2985 – Housing Development Fund (Second Reading)

• The bill amends Chapter 6 of the County Code to allow the housing development fund to be used not only for financing housing projects but also for programs that preserve existing housing for Kauai residents. Councilmember Kuali noted this would support the new deed restriction pilot program.
• Approved unanimously on second reading (7‑0).

Key Outcomes

• Open Space Commission report received; Chair Oppelt committed to introducing legislation to restore the fund to 1.5% of real property tax revenue.
• Smart 911 system gained full council support; council will proceed with a resolution and contact the 911 commission to implement the service.
• Prosecutor’s grants (three items) approved; the digital evidence transcription initiative will be launched for cases involving violent offenses.
• Bill 2992 (home exemption days) killed on first reading; council directed the administration to clarify rules for exceptional cases (e.g., medical, military, family care).
• Bill 2985 (housing preservation) passed on second reading.