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Record of Proceedings

Kauaʻi County Council Committee Meeting — November 2, 2026

County Council & Committees — Monday, November 2, 2026
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateMonday, November 2, 2026
StatusNEW · FILED
Video Record
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Speaker numbers apply only to this recording.

Speaker 1

0:02

Good morning, welcome to our committee meeting.

0:04

Today is October 21st, and we will start off with our planning committee, Mr.

0:08

Bulasan.

Speaker 2

0:09

Thank you.

0:09

I'd like to call the planning committee to order.

0:11

Let the record reflect all members are present.

0:14

Can I get the first and only item B?

Speaker 3

0:16

Bill number 2998, draft three, a bill for an ordinance amending chapters 15, 12, and 8.

0:22

Kauai County Code 1987 is amended relating to wildfire and wildland urban interface.

0:28

County of Kawaii Applicant ZA 2026.

Speaker 2

0:32

Move to

Speaker 4

0:33

approve.

Speaker 2

0:34

Let's move then second it.

0:36

Council members will start with discussion.

0:38

I just want to thank all of you guys for the work that you've done in this committee.

1:02

And to make sure that we craft a bill that best reflects two pieces.

1:06

One, the first piece, the most important piece to protect our community, to make sure that we introduce anything, any bill that we introduce, we make sure with the peace of mind that we're doing something that will benefit our community.

1:21

But secondarily, we look at the unintended consequences and be very clear of what challenges this may provide, and the biggest, which is the cost that it might incur to new development.

1:34

And so having those discussions to make sure that we look at all the pieces.

1:50

Like making sure the date is pushed back a little bit so that there's more time for the community and industry to adopt these changes.

2:03

Specifically, that this is not affecting existing homes, that this would be affecting new development, and and looking at vegetation, making sure that we include some references in the piece so that it addresses the needs.

2:19

As always, in this work, everyone knows that we won't ever come out with the perfect bill.

2:24

But I look at this bill and say we've done a lot of work to make it as good as possible.

2:30

Um with the recent storms, um, I think this is something important for us to put forth, and so I look forward to the discussion and hopefully um passing it through today.

2:39

Any other discussion, initial discussion, and we do have some staff and expertise here if you guys have any further questions or ideas.

Speaker 1

2:49

I'll go if anyone goes.

2:51

Uh let me just say, first of all, appreciated the deferrals.

2:56

Uh while I'm not a committee member, I am not able to motion or uh vote on a deferral, so I appreciate the courtesy.

3:05

Uh let me just say I truly agree with what we're trying to do here.

3:10

Um, you know, I believe that we all agree on making sure that our residents are protected from wildfires and other disasters as well.

3:20

Uh we saw what wildfires can do.

3:23

But I want to remind everyone, we also have a responsibility that when we make decisions like this, that it has to be practical, affordable, and and financially responsible.

3:32

I think that is critical.

3:34

Um we're already facing a housing crisis.

3:37

We know that.

3:38

And it's because of cost.

3:39

It's because of the lack of inventory.

3:42

And some of the provisions of this bill.

3:44

I'm not gonna disagree with the numbers that were presented by the the large contractors that were solicited.

3:51

But I spoke to many independent contractors, smaller contractors, the ones that are building the single homes and not the subdivisions and not the commercial buildings, but the the normal small mom and pop contractors.

Unassigned speaker

4:04

And

Speaker 1

4:04

I can tell you I spoke to over half a dozen, and and and they told me that no one talked to

Unassigned speaker

4:11

them.

Speaker 1

4:12

No one talked to

Unassigned speaker

4:13

them.

Unassigned speaker

4:13

The

Speaker 1

4:14

reason they're not here, or the reason they didn't testify is because they're afraid of retribution.

4:19

You're going against the planning department.

4:21

You're gonna go against the administration.

4:24

So they are genuinely afraid of testifying because they still got to work with us,

Unassigned speaker

4:30

and

Speaker 1

4:30

they're afraid of that.

4:31

And everyone knows that.

4:33

I mean, that's why a lot of

Unassigned speaker

4:34

the

Speaker 1

4:35

people don't speak up because they're afraid.

4:38

Whether they're is legitimate or not,

Unassigned speaker

4:41

uh,

Speaker 1

4:41

I don't believe we

Unassigned speaker

4:42

would

Discussion Breakdown — Share of Meeting
Wildfire Management█████████████████████████████████████████████57%
Affordable Housing████████████████████25%
Procedural█████████11%
Public Safety██████7%
Summary of Proceedings

Kauaʻi County Council Committee Meeting — November 2, 2026

This summary uses the provided meeting timestamp of 2026-11-02 20:45:00+00:00; the agenda and transcript label the session as October 21, 2026. The agenda listed an 8:31 AM start, and no adjournment time appears in the transcript. No official minutes were available, so this summary is based on the agenda and raw transcript.

Consent Calendar

  • The Finance & Economic Development Committee approved the minutes of its October 7, 2026 meeting by voice vote, with no public testimony or discussion recorded.

Public Comments & Testimony

  • Yelena Oakman, a real estate professional of many years, testified on Bill No. 2998. She said she has already been asked how the bill will increase construction costs and permit complexity, noting permits are already delayed for many months. She expressed deep respect for the planning and fire departments and said she supports fire prevention, but raised concerns about five-foot setbacks in residential areas, including a referenced area called Vayale Ali Estate, and about drainage, gravel, landscaping, and food-growing implications. She said more study is needed before making construction more complex.

Discussion Items

  • The Planning Committee took up Bill No. 2998, Draft 3, a bill for an ordinance amending Chapters 15, 12, and 8 of the Kauaʻi County Code 1987, as amended, relating to wildfire and wildland urban interface (WUI), with the County of Kauaʻi as applicant (ZA-2026-6). The item had been deferred on October 7, 2026. A motion to approve and a second were made.
  • Committee Chair Bulasan supported passage, saying the committee worked to protect the community while considering unintended consequences, especially costs to new development. He said the effective date was pushed back to give the community and industry more time; the bill would affect new development, not existing homes; and vegetation references were included. He said the bill is not perfect but represents substantial work and is important after recent storms.
  • A non-committee council member said they agreed with wildfire protection but opposed the bill as written. They argued it must be practical, affordable, and financially responsible amid a housing crisis; said small independent contractors were not consulted and were afraid to testify; and said those contractors' cost estimates are significantly higher than those from large contractors. They cited $1.1 million in Facilities Reserve Charge (FRC) revenue from residential construction, not counting TVRs, equal to 3.5% of the Water Department's revenues, and said the department is already in deficit. They recalled Water Department manager Joe Tate's prior emotional testimony about insufficient capacity to fight fires, questioned the rush to pass the bill even though it takes effect October 1, 2027, and said they would not support it at the full council.
  • Councilmember Cowden asked Planning Director Hall whether the Board of Water Supply could withdraw its action to remove the FRC and fund the difference elsewhere. Director Hall said the board had already acted and the position was solid at that point, though as a single board member he said it could change. Another member noted that FRCs may look different in the future and that the current waiver is meant to protect single-family homeowners.
  • Councilmember Cowden said she would vote yes, citing planning department flexibility for subdivision-level fire prevention review and Hawaii Wildfire Management Organization flexibility in plantscape requirements. She said she still worries applicants may need extra consultants but wanted to move the bill forward.
  • A committee member said the planning and fire departments did good work, that the Water Department manager had been supportive based on their last understanding, and that after heavy discussion the bill should move to the next level.
  • Councilmember Kaneshiro supported the bill, describing it as an urban-interface measure because homes themselves add fuel. They said the fire department strongly supported it and the Water Department did not oppose it; that most mitigation measures are minor, with the five-foot home-hardening zone being the biggest cost; that they would prefer three feet if science supported it; and that the Water Department waived its FRC, which they described as $14,000 for a single-family home. They said total FRCs in the Water Department budget are a little over $2 million annually and that FRCs are likely to change and probably rise for single-family homes in the future.
  • Vice Chair Kualii said they still had concerns about the numbers but accepted that both cost estimates could be true. They were especially concerned about offsetting housing-cost increases through Water Department FRC exemptions and said the money should have been found elsewhere. They said they would vote no to signal that the county should not deepen the Water Department's financial hole and that future administrations and councils should support the department more.
  • Another council member supported acting before the new council begins on December 1, saying the incoming council would face a steep learning curve and that Kauaʻi would be the first county in the nation to make this decision. Chair Bulasan disagreed that urgency required passing the bill now, saying committees exist to resolve issues such as five feet versus three feet and alternative funding such as a real property tax exemption for hurricane safe rooms. He noted the bill's effective date of October 1, 2027 would give the new council 11 months.
  • Chair Bulasan closed with three stories: a classmate building an additional dwelling unit on his parents' property, a friend with property in Līhuʻe who has family in Lahaina, and himself as a renter who does not own a home. He said the bill adds costs but also protection, compared it to hurricane clips that he said probably saved about 70% of roofs in recent storms, and said he would vote in favor. Councilmember Kaneshiro added that the five-foot zone is based on fire science showing a vector within five feet, while three feet was their personal preference, and that annual review allows adaptation if fire science changes.

Key Outcomes

  • The Planning Committee passed Bill No. 2998, Draft 3 by a 4-1 vote: Vice Chair Kualii voted no, and the other four committee members voted aye. The bill was advanced out of committee; a non-committee member said they would oppose it at the full council.
  • The bill's stated effective date is October 1, 2027, per Section 22 as described in the transcript.
  • The Finance & Economic Development Committee approved the October 7, 2026 committee meeting minutes by voice vote. No other business was recorded, and the meeting adjourned.

Meeting Transcript

Good morning, welcome to our committee meeting. Today is October 21st, and we will start off with our planning committee, Mr. Bulasan. Thank you. I'd like to call the planning committee to order. Let the record reflect all members are present. Can I get the first and only item B? Bill number 2998, draft three, a bill for an ordinance amending chapters 15, 12, and 8. Kauai County Code 1987 is amended relating to wildfire and wildland urban interface. County of Kawaii Applicant ZA 2026. Move to approve. Let's move then second it. Council members will start with discussion. I just want to thank all of you guys for the work that you've done in this committee. And to make sure that we craft a bill that best reflects two pieces. One, the first piece, the most important piece to protect our community, to make sure that we introduce anything, any bill that we introduce, we make sure with the peace of mind that we're doing something that will benefit our community. But secondarily, we look at the unintended consequences and be very clear of what challenges this may provide, and the biggest, which is the cost that it might incur to new development. And so having those discussions to make sure that we look at all the pieces. Like making sure the date is pushed back a little bit so that there's more time for the community and industry to adopt these changes. Specifically, that this is not affecting existing homes, that this would be affecting new development, and and looking at vegetation, making sure that we include some references in the piece so that it addresses the needs. As always, in this work, everyone knows that we won't ever come out with the perfect bill. But I look at this bill and say we've done a lot of work to make it as good as possible. Um with the recent storms, um, I think this is something important for us to put forth, and so I look forward to the discussion and hopefully um passing it through today. Any other discussion, initial discussion, and we do have some staff and expertise here if you guys have any further questions or ideas. I'll go if anyone goes. Uh let me just say, first of all, appreciated the deferrals. Uh while I'm not a committee member, I am not able to motion or uh vote on a deferral, so I appreciate the courtesy. Uh let me just say I truly agree with what we're trying to do here. Um, you know, I believe that we all agree on making sure that our residents are protected from wildfires and other disasters as well. Uh we saw what wildfires can do. But I want to remind everyone, we also have a responsibility that when we make decisions like this, that it has to be practical, affordable, and and financially responsible. I think that is critical. Um we're already facing a housing crisis. We know that. And it's because of cost. It's because of the lack of inventory. And some of the provisions of this bill. I'm not gonna disagree with the numbers that were presented by the the large contractors that were solicited. But I spoke to many independent contractors, smaller contractors, the ones that are building the single homes and not the subdivisions and not the commercial buildings, but the the normal small mom and pop contractors. And I can tell you I spoke to over half a dozen, and and and they told me that no one talked to them. No one talked to them. The reason they're not here, or the reason they didn't testify is because they're afraid of retribution. You're going against the planning department. You're gonna go against the administration. So they are genuinely afraid of testifying because they still got to work with us,

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