LIHUE >> The Kauai County Council delayed action on a controversial pesticide measure Thursday after failing to line up enough votes to override Mayor Bernard Carvalho Jr.’s veto.

The Council voted to recess until 11 a.m. Saturday to reconsider the override. Five votes are needed to override the veto, which seemed probable since the bill passed 6-1. But Nadine Nakamura, who had voted for the measure, left the Council to become Kauai County managing director.

Councilman Ross Kagawa, who also voted for the bill, said Thursday he wouldn’t support the override.

Councilman Gary Hooser, an author of Bill 2491, suggested the recess to allow members to consider filling the seat Nakamura vacated. The Council will meet today to consider an appointment.

Though Kagawa has concerns about the bill, he voted to approve it previously. But Thursday, Kagawa said, "I always was against the bill from day one."

He said he voted in support of the bill to show his willingness to move forward on the issue.

This time, Kagawa said, he will not support an override and will continue to work with the state and Councilman Mel Rapozo, who opposed the bill, on the state’s voluntary compliance program for biotech companies.

Kagawa’s decision sparked disappointment among supporters in the Council chambers, with some abruptly leaving.

Before the meeting adjourned, Council Chairman Jay Furfaro said he thought the Council would have the votes needed to override.

"I didn’t think we wouldn’t pass it today," he said.

Hooser said he expected an override. After the meeting adjourned, Hooser said he was surprised at Kagawa’s move.

More than 200 people attended the emotionally charged meeting. The majority who testified were supporters pleading for the override.

Bill 2491 calls for mandatory disclosure of genetically modified crops and pesticide use and prohibits those crops near schools, dwellings, medical facilities, public roadways and waterways. Large agribusinesses would also be required to provide annual public reports on genetically modified crops to the county Office of Economic Development and state Department of Agriculture.

Companies that would be affected are Syngeta, DuPont Pioneer, BASF and Dow AgroSciences as well as Kauai Coffee, the largest coffee grower in the state.

On Oct. 16 the Council voted to approve the measure. Carvalho vetoed the bill Oct. 31, saying he supported the intent but had legal concerns. In a letter to the Council, he said the state and federal governments pre-empt the county from enacting laws on regulating pesticides and GMOs.

Bill supporters and some Council members who wanted disclosure by biotech companies to protect public health and the island’s environment were disappointed by the mayor’s decision. Representatives of biotech companies have said the mayor recognized the bill was legally flawed and made the county legally vulnerable.

During Thursday’s meeting, attorneys who support an override offered to defend the county for free on any legal challenges. Attorney Sylvia Wu of the Center for Food Safety’s San Francisco office said, "The bill is in accordance with existing laws. Any legal challenges against the bill will fail."

Blake Drolson of GMO-Free Kauai testified, "I believe in home rule. If not you, then who? Who’s going to stand up for all the people? We need you to take this on."

Susan Tai Kaneko, community outreach manager of Syngeta, testified that disclosure and buffer zones can be done, but not by a legally flawed bill.

Brian Watson contended the measure discriminates against the four biotech companies that operate on Kauai.

"Keep the veto as it stands," he said. Watson told the Council claims by residents who say pesticide exposure is the cause of their ailments are unfounded.

The county also lacks the resources to regulate pesticides, he said.

"It’s time to make the right choice," he added.

Carvalho has supported a voluntary compliance program created by the state. The state Department of Agriculture released details Wednesday of guidelines for the Kauai Agricultural Good Neighbor Program, which will take effect Dec. 1.

The guidelines are similar to the disclosure and buffer zone provisions in Bill 2491. Under the program, companies will provide a weekly schedule to schools, hospitals and medical clinics within 1,000 feet of the farming operations of any planned restricted-use pesticide application.

The guidelines also include a 100-foot buffer zone near schools, medical facilities and residential properties. Participating companies will also file a monthly report to the state on restricted-use pesticides sprayed on their fields.

State agricultural officials plan to assess the program after a year.

———

Correction: The Kauai County Council voted Thursday to recess until Saturday to reconsider a possible veto override. An earlier version of this story said the Council voted to recess until today, Nov. 15. (The Council does plan to meet today to consider appointing a new councilmember to fill a vacancy.) Also, Council Chairman Jay Furfaro had said he thought the Council would have the five votes needed to override. An earlier version paraphrased him as saying he thought they had a four-vote majority to override.