OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kaua‘i County Council Committee Meeting – September 2, 2026

County Council & CommitteesWednesday, September 2, 2026
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateWednesday, September 2, 2026
StatusFILED
Video Record
0:00 / 3:40:08

Transcript — Verbatim
7:59

Morning, everyone, and welcome to our committee meeting today, September 2nd.

8:06

Thank you.

8:07

I like to call the planning committee to order.

8:09

Let the record like all members are present.

8:12

Can I get the first item, please?

8:14

Minutes of the August nineteenth, twenty twenty-six planning committee means second.

8:20

Is it moved and second?

8:21

Any public testimony?

8:23

Any discussion.

8:24

All in favor say aye.

8:25

Aye.

8:26

Any opposed?

8:27

Motion passed.

8:28

Can I get the second item, please?

8:30

Bill number two nine nine eight, draft one, a bill for an ordinance, amending chapters fifteen, twelve, and eight.

8:48

Second.

8:48

It's been moved and seconded.

8:50

Committee members, um, I'm gonna start with discussion, then we'll uh suspend the rules and have administration respond, and if we have any questions for the administration, we can ask then.

9:00

And then we'll do um public testimony and back to discussion and try to do as much work as we can in this bill in committee meeting.

9:07

As always, um, we do the majority of our work in uh all our bills with the intent to uh get it as best as possible so that way if we do pass today, we we get the best bill possible for our our second meeting.

9:21

So um, with that, um, we do have a presentation and uh uh discussion starting with Chair Reposal.

9:29

I think he has a uh presentation if we can get that set up.

9:35

Yeah, thank you, um, committee chair, and I appreciate the opportunity uh to speak.

9:39

I am a non-committee member, uh, but I did request the deferral at the last committee meeting uh because I did have some questions.

9:47

Uh let me just start.

9:49

This bill doesn't take effect until next year, July first, twenty twenty-seven.

9:54

So we have a year.

9:55

Um so there's really no need to rush.

10:00

And my concerns last week was obviously the cost.

10:04

And we were presented with the cost estimates from the administration.

10:07

The other concern I had was the impact, the financial or fiscal impact that would have on Department of Water.

10:14

Because at $14,000 a home, that's a significant amount of money that the water department would would not receive, which would have to be made up somewhere.

10:25

And this stuff doesn't just come out of thin air.

10:28

So what I did was uh I reached out to the contractors association of Kawaii, which is made up of our local contractors and developers and an engineer to go over the bill section by section to see what the impact would be, what it would really cost for a one of our local contractors that specializes in residential construction.

10:55

Um as well as the building and I and the testimonies are all attached on the packet that I asked staff to pass out this morning.

11:04

I only received this yesterday, but building industry association had some concerns as well that I would like to have a discussion on which really pertains to the applicability to all construction.

11:18

Whether you're in a hazard or not, hazard area or not, you're bound by these requirements.

11:33

Or in a flood zone.

11:36

Those requirements don't apply to all construction around the island if you if you're not in that hazard area.

11:41

This one does.

11:42

So that that's just one of the uh concerns that um the BIA had and which I tend to agree with is you know, have we designed hazard zones which this should apply to.

11:52

If you're not in a zone that has if you're in a zone that has no threat of wildfires, why would we be imposing these additional costs on the construction?

12:01

So that's one of them.

12:02

Um and then the Department of Water Impact is something that I know the Department of Water is here, and I'm expecting them to come up and share with uh with us what that cost would be.

12:12

But my biggest concern right now, as we all try to keep our local families in homes and is the true cost.

12:18

So I I did ask the contractors association, as I said earlier, to go through the bill one by one, section by section, and come up with their cost estimates.

12:27

And the reason I I'm bringing this forward is because it is so different from what was presented to us uh that I believe this body needs to validate what the real numbers are, and we shouldn't be rushed to pass this out today until we can and and the administration has a copy of this, and hopefully they can come up and um explain why these numbers are so high versus what was presented.

12:50

So, with that I do have a a short presentation that I wanted to share.

12:54

I'm not sure I've never done this before.

13:00

So this is um I know it's kind of small on the screen.

13:03

I hope you guys can see it, but uh in the first requirement of roofs, um, the contractors associations uh people say there is actually no change that the roofs are they they wouldn't see any increase in cost.

13:19

But on the on the gutters and downs parts, uh downs spouts uh, and this is based on a thousand square foot home, uh a regular simple thousand square foot home that uh to implement these requirements would cost an additional three thousand dollars.

13:36

Um the flashing, which is uh on the exterior walls, um, they are uh estimating that the materials and labor to comply with that section would be five thousand dollars.

13:51

Um the post and pier the stainless steel uh the pier, the materials shall be non-combustible.

14:00

Anyway, in that section D, they're saying that estimate is five thousand dollars actually, in addition to the normal construction costs.

14:07

The flashing and decking um for the post-imperial homes, what they're calling the underfloor enclosure would be two thousand dollars, and then on page five.

14:20

Um the vents, they're not attributing any cost to that because that's standard and it would be no cost, no additional cost.

14:30

Uh the tempered glass requirement, they're estimating it to be eighteen hundred dollars.

14:36

That is again materials and labor.

14:40

The exterior door, thirty dollars, the address that is required twenty dollars.

Discussion Breakdown — Share of Meeting
Fire Safety███████████████████████████27%
Wildfire Management████████████████████████24%
Procedural█████████████████17%
Water And Wastewater Management█████████9%
Affordable Housing███████7%
Fiscal Sustainability██████6%
Public Safety███3%
Public Engagement██2%
Zoning Permits1%
Summary of Proceedings

Kaua‘i County Council Committee Meeting – September 2, 2026

The Planning Committee and Finance & Economic Development Committee met on September 2, 2026. The primary focus was Bill No. 2998, Draft 1, relating to wildfire and wildland urban interface (WUI) requirements. After extensive discussion, four amendments, and public testimony, the Planning Committee voted 3-2 to defer the bill to the next committee meeting. The Finance Committee unanimously approved minutes and two ordinances (Bill 3000 and Bill 3001).

Consent Calendar

  • Approved Minutes of August 19, 2026 Planning Committee Meeting.
  • Approved Minutes of August 19, 2026 Finance & Economic Development Committee Meeting.

Public Comments & Testimony

  • Tommy Pasarella (Kauai La Hui) – Opposed the bill, calling it a violation of the oath of office and the 14th Amendment. Urged shredding the bill and starting over.
  • Milani Pimentel and Anna Rice (Hawaii Habitat for Humanity) – Expressed full support for the bill as amended. They stated that the FRC waiver helps keep homes affordable for low-income families and that the small increase in build materials can be absorbed.
  • Brian Bowers (Artistic Builders Corporation) – Supported the principle but raised concerns about setback requirements, especially for small lots. Suggested clearer wording for discretionary elements.
  • Yelena Oakman – Raised concerns about increased building costs affecting low-income housing and asked about the impact of the five-foot hardscape on usable lot space.
  • Anna Modes – Strongly opposed the five-foot hardscape requirement, arguing it leads to excessive concrete, increased heat, and reduced percolation. Urged the council to reconsider and fund water infrastructure instead.
  • Sandy O'Shaughnessy – Emphasized that wild grasses and trees (e.g., guinea grass, albizia) are a major fire hazard and should be addressed, not just home hardening.

Discussion Items

  • Bill No. 2998, Draft 1 – Wildfire and WUI Ordinance:

    • Chair Reposal (non-committee) presented cost estimates from the Contractors Association of Kauai (CAK): $16,850 additional cost for a 1,000 sq ft home ($16.85/sq ft), with concrete hardscape at $90,000 and aggregate at $40,000. He contrasted this with administration estimates of $6/sq ft. He questioned the $14,000 FRC waiver and its impact on the Department of Water, which receives $1.1 million annually from single-family FRCs. He proposed deferral.
    • Councilmember Cowden raised concerns about vegetation requirements, arguing that the bill prioritizes fire prevention over regenerative soil practices and food sustainability. She noted that wetscapes (healthy, watered yards) are cooler and less flammable than dry hardscape.
    • Chief Mike Gibson (Fire Department) emphasized wind-driven fire risks, climate change, and the need for island-wide requirements because embers can travel miles. He supported the bill's intent but noted that debris and clutter are also major fuels.
    • Councilmember Kagawa clarified that the five-foot hardscape and home hardening apply only to new structures or additions; existing homes are not affected. The 30-foot setback provisions apply only to new subdivisions.
    • Councilmember Cowden questioned enforcement and clarified that landscaping requirements apply only to larger subdivisions, enforced via homeowners' associations.
    • Director Adam Roversi (Housing) stated that while the bill adds costs, the FRC savings offset them for affordable housing projects. He supported the bill.
    • Director Joe Tate (Department of Water) gave an emotional statement about the underfunded water system, noting that FRC revenue is critical but that loss of life is more important. He supported any bill that minimizes loss of life but noted that the water department cannot absorb further revenue loss.
    • Councilmember Carvalho proposed and defended four amendments (see Key Outcomes).
    • Discussion on cost disparity: Administration provided hardscape quotes from five contractors ranging from $4.33 to $8 per sq ft, disputing CAK's $40-$90 estimates.
    • The effective date was changed from July 1, 2027 to October 1, 2027 via amendment.
  • Finance Committee Items:

    • Bill No. 3000 – Collective bargaining agreement for Bargaining Unit 15 (July 1, 2025 – June 30, 2029). Approved unanimously.
    • Bill No. 3001 – Budget amendment for $50,000 for temporary voter service center workers. Approved unanimously.

Key Outcomes

  • Planning Committee deferred Bill No. 2998 by a vote of 3-2 (Councilmembers Cowden, Kaneshiro, and Kuali voting aye; Councilmembers Cavalio and Bulosan voting no). The bill will be heard again at the next committee meeting in two weeks.
  • Four amendments to Bill 2998 were adopted:
    1. Housekeeping corrections (e.g., image alignment, deck flashing clarification, setback reduction for property lines).
    2. Alternative to five-foot hardscape: non-combustible walls with metal shutters can substitute for the ground cover requirement (proposed by Councilmember Holland).
    3. Periodic review amendment: requires the Planning Director, County Engineer, and Fire Chief to study whether irrigated landscapes or other vegetation can serve as alternatives to hardscape, with results incorporated into annual reviews (proposed by Councilmember Holland).
    4. Gutters clarification: added “if installed” to the gutter material requirement (proposed by Chair Reposal).
  • Finance Committee approved Bill 3000 and Bill 3001 unanimously on roll call votes.

Meeting Transcript

Morning, everyone, and welcome to our committee meeting today, September 2nd. Thank you. I like to call the planning committee to order. Let the record like all members are present. Can I get the first item, please? Minutes of the August nineteenth, twenty twenty-six planning committee means second. Is it moved and second? Any public testimony? Any discussion. All in favor say aye. Aye. Any opposed? Motion passed. Can I get the second item, please? Bill number two nine nine eight, draft one, a bill for an ordinance, amending chapters fifteen, twelve, and eight. Second. It's been moved and seconded. Committee members, um, I'm gonna start with discussion, then we'll uh suspend the rules and have administration respond, and if we have any questions for the administration, we can ask then. And then we'll do um public testimony and back to discussion and try to do as much work as we can in this bill in committee meeting. As always, um, we do the majority of our work in uh all our bills with the intent to uh get it as best as possible so that way if we do pass today, we we get the best bill possible for our our second meeting. So um, with that, um, we do have a presentation and uh uh discussion starting with Chair Reposal. I think he has a uh presentation if we can get that set up. Yeah, thank you, um, committee chair, and I appreciate the opportunity uh to speak. I am a non-committee member, uh, but I did request the deferral at the last committee meeting uh because I did have some questions. Uh let me just start. This bill doesn't take effect until next year, July first, twenty twenty-seven. So we have a year. Um so there's really no need to rush. And my concerns last week was obviously the cost. And we were presented with the cost estimates from the administration. The other concern I had was the impact, the financial or fiscal impact that would have on Department of Water. Because at $14,000 a home, that's a significant amount of money that the water department would would not receive, which would have to be made up somewhere. And this stuff doesn't just come out of thin air. So what I did was uh I reached out to the contractors association of Kawaii, which is made up of our local contractors and developers and an engineer to go over the bill section by section to see what the impact would be, what it would really cost for a one of our local contractors that specializes in residential construction. Um as well as the building and I and the testimonies are all attached on the packet that I asked staff to pass out this morning. I only received this yesterday, but building industry association had some concerns as well that I would like to have a discussion on which really pertains to the applicability to all construction. Whether you're in a hazard or not, hazard area or not, you're bound by these requirements. Or in a flood zone. Those requirements don't apply to all construction around the island if you if you're not in that hazard area. This one does. So that that's just one of the uh concerns that um the BIA had and which I tend to agree with is you know, have we designed hazard zones which this should apply to. If you're not in a zone that has if you're in a zone that has no threat of wildfires, why would we be imposing these additional costs on the construction? So that's one of them. Um and then the Department of Water Impact is something that I know the Department of Water is here, and I'm expecting them to come up and share with uh with us what that cost would be. But my biggest concern right now, as we all try to keep our local families in homes and is the true cost. So I I did ask the contractors association, as I said earlier, to go through the bill one by one, section by section, and come up with their cost estimates. And the reason I I'm bringing this forward is because it is so different from what was presented to us uh that I believe this body needs to validate what the real numbers are, and we shouldn't be rushed to pass this out today until we can and and the administration has a copy of this, and hopefully they can come up and um explain why these numbers are so high versus what was presented. So, with that I do have a a short presentation that I wanted to share. I'm not sure I've never done this before. So this is um I know it's kind of small on the screen.

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