Kaua‘i County Council Meeting – October 28, 2026

The Kaua‘i County Council convened on October 28, 2026, at 8:30 AM in the Council Chambers, Līhu‘e. The meeting opened with five public hearings on bills concerning liability claims, condominium property regimes, real property tax credits, landfill siting, and the ‘Āina Kupuna tax dedication. Following the public hearings, the Council addressed the regular agenda, including consent calendar items, communications, a claim, a committee report, bills for first reading, and a bill for second reading on wildfire/urban interface regulations. The Council also held three executive sessions.

Public Hearings

• Bill No. 3003 (General Liability Claims – $1,500,000): No testimony; hearing closed.
• Bill No. 3004 (Condominium Property Regimes): One written testimony; no oral testimony; hearing closed.
• Bill No. 3006 (Real Property Tax Credit – Application Window Extension): One written testimony; no oral testimony; hearing closed.
• Bill No. 3007 (Landfill Prohibited Sites – 6-mile radius, 30-year limit): 18 written testimonies; multiple speakers testified. Positions were split: Support (Harley Broils, Earth Justice; Kawai Warren, Nā Kīka‘i Kai; Calvin Kajiwara; Karen Ono; Kiawni Smith, and others) argued the bill is a necessary step toward environmental justice for Kekaha, which has borne the island’s waste for decades. Opposition (Taryn Tizan) argued the bill was premature before evaluating ongoing procurement efforts and could lead to costly litigation. Several testifiers urged careful site selection and consideration of water quality impacts.
• Bill No. 3008 (Āina Kupuna Real Property Tax Dedication): 26 written testimonies; many speakers. Strong support from Christina Ayu, Miley Ayu, Presley Wan, Elena Yokman, Megan Wong, William Wong, Lei Wan, Kaina Costa, and others, who described struggles to keep ancestral lands due to rising property taxes. Concerns about eligibility criteria (e.g., 999-year leases, LLC ownership, proof of descendancy) and the fiscal impact were raised by Karen Ono, Tina Sakamoto, and Sherry Cummings. Several testifiers asked for amendments to cover more families and simplify application processes.

Consent Calendar

• C 2026-257 (Quarterly Report on Settled Claims): Received.
• C 2026-258 (Helicopter Pilot Positions – budget amendment): Received.
• C 2026-259 (Aging Office – State funds for Nutrition Services): Approved.
• C 2026-260 (Fire Dept. – Donation of 105 IFAKs from Kaua‘i Lifeguard Association): Approved with thank-you letter.
• C 2026-261 (Land Exchange – Indemnification, General Provisions): Approved.
• C 2026-262 (Land Exchange – Indemnification, Satisfaction/Waiver): Approved.
• C 2026-264 (County Seal – new ordinance): Received.
• C 2026-266 (Aging Office – Donations for Home-Delivered Meals): Approved with thank-you letters.
• C 2026-267 (Insurance Proceeds – Kapule Building fire, up to $25M): Approved.

Communications & Briefings

• C 2026-258 & Proposed Draft Bill 3013 (Helicopter Pilot Positions): Fire Chief presented. The County will transition from contracted pilots to three county-employed pilots, saving money compared to the previous $854,000 annual contract. The $383,398 in the bill covers the remainder of FY 2027. Approved on first reading, public hearing set for November 25, 2026, and referred to Finance and Economic Development Committee.
• C 2026-263 (Smith Garson, D.C. consultants briefing): Brett Garson and Kirsten Stratford Patterson recapped federal advocacy, including $8.54 million secured for four County projects in FY 2026 and pending FY 2027 requests. They discussed Hurricane Lowell recovery (public assistance granted, individual assistance denied, deadline to appeal Nov. 2), surface transportation reauthorization, Water Resources Development Act, and proposed rule changes (2030 census, uniform guidance). Council members asked about FEMA assistance, cesspool conversion funding, solid waste, and managed retreat.
• C 2026-265 (Special Counsel funding for condemnation): Deferred to after executive session; later approved.
• C 2026-268 (Claim by William H. Gilliam): Referred to County Attorney.

Committee Report

• CR-PL 2026-03 (Bill No. 2998, Draft 3 – Wildfire and Wildland Urban Interface): Received and approved.

Discussion Items

• Bill No. 2998, Draft 3 (Wildfire/WUI Code Amendments): Extensive debate. Chair Raposo and Councilmember Kulii opposed, citing increased housing costs, burden on water department (FRC revenue loss), and the County’s failure to manage roadside fuels. Councilmembers Cowden, Kanashiro, Holland, and Cavallio supported, arguing the measures improve fire resilience, help with insurance availability, and include cost offsets (e.g., FRC waiver). Councilmember Holland noted the difficulty of balancing regulation and freedom but emphasized life safety. Councilmember Kanashiro stressed the importance for new construction and the science behind the five-foot non-combustible zone. The bill was approved on second reading with a 5–2 vote (Ayes: Bolusan, Cowden, Holland, Kanashiro, Cavallio; Nays: Kulii, Chair Raposo).

Key Outcomes

• Approved on second reading: Bill No. 2998 (Wildfire/WUI) – passed 5–2.
• Approved on first reading (public hearing Nov. 25): Proposed Draft Bills 3013 (Helicopter Pilots) and 3014 (County Seal).
• Received and filed: Consent Calendar items, Communications, Claim referral, Committee Report.
• Executive Sessions: Held on pending/denied claims (ES-1172), condemnation proceedings (ES-1173), and employment matters (ES-1174). No public action taken.
• Next steps: Public hearings on Bills 3013 and 3014 scheduled for November 25, 2026. Continued work on pending federal appropriations and Hurricane Lowell recovery.