Letters from concerned residents & vacation rental owners
Dear Councilmember Yukimura,
As a recent visitor to your beautiful garden island (Feb '07), I was very grateful for the opportunity to celebrate my 50th in a lovely vacation rental (Hokulele Hale) in picturesque Hanalei. My family and I (10 of us in total) were able to afford the reasonable rates, and found the local neighborhood experience to be quite a peaceful paradise, indeed. The farmer's markets were fantastic!
After sharing such wonderful accomodations, we all agree that this is the only way we would stay on the island in the future, as well.
So we all stand in support of the vacation rental owners rights, especially when they are islanders, or residents themselves.
We were very encouraged by the integrity and vision of owner Ann Croydon and realtor Channon Donovan(Sustain Kauai) - and it is our sincere hope, that the strength and unity of the vacation rental owners coalition, We The People of Kauai, will help bring about a greater sense of sustainability (alternative energies/solar and wind powers, reclaimed grey water, reused/recycled resources,composting..) to their communities that will ripple out to the surrounding island.
It seems to we humble mainlanders, that it will take All Kauaians working peaceably through your differences, to come together in order to protect your magnificently unique island from falling prey to the ravages of greed's destruction. This is what we are also learning here in our beautiful communities of northern california.. the only way to save yourselves and your childrens' future, is to put down your egos and join forces..now.
Or you must all fall down together. Thank you for your consideration. May kindness guide
us.
Respectfully, Mrs Rose Ireland
To Whom It May Concern:
My wife and I have recently visited the island paradise of Kauai. We spent many hours researching and planning our trip. In the end we chose a small Country Inn to stay at while on Kauai. On the Big Island we also stayed at a Bed and Breakfast. When on Oahu we stayed at one of the major hotel chains due to convenience. Our trip was fabulous and since being back in Canada, we have done nothing but plan our next trip back and tell our friends about the most wonderful place in the world.
What made the difference on our trip? Well, it had to be the personal touch of staying at the Bed and Breakfast on the Big Island and the Country Inn on Kauai. We loved the people, the pace and the ability to learn about the local area from the proprietors of each establishment. This made a lasting impression on both my wife and I. The hotel in Oahu that we stayed at was okay, but had no charm, character or "personal care" feeling. If all we had was the hotel to base our Hawaiian experience on, well we might come back someday. Basing it on our stay at our B&B's, we'e planning next year's trip already.
Frankly, I am a little shocked and disappointed that Kauai County would consider a Bill of the nature of 2204. Just the tone and implication of the bill smacks of state enforced anticompetition structured in manner to benefit those corporate entities of sufficient capital clout to purchase large parcels of land and create massive impersonal tourist compartmental processing units. Okay a little extreme, but why not let market forces determine what businesses succeed and continue. I almost wonder if there is a major hotel industry lobbyist at work in the background, but this would be the conspiracy theorist in me speaking. If tourists choose to stay at a small scale B&B as opposed to large scale hotel chain, then all the more power to that segment of the industry. If I wanted to stay at a large scale hotel on the beach with lots of sun with no freedom or options, then I'd go to Cancun or Cuba. Both are vastly cheaper alternatives for the Canadian tourist than Kauai and there is a higher probability of sun. We loved Hawaii for the people, the safety, the ability to explore and the freedom to choose where to stay. Please keep the freedom for the tourist consumer to choose where he or she stays.
Our freedom to choose B&B's ensures our annual/biannual return to Kauai. A limitation to major hotel chains would probably result in choosing somewhere else to seek adventure and fun. Please take this opinion into consideration when deciding your course of action with respect to Bill 2204.
Thank you,
Derrick Wainio
Concerned Canadian Tourist (who really loves your County)
"Aloha" to Kauai - and thanks so much for sharing this!!! We're facing exactly the same stuff and doing similar legal research - in fact we're off to see a high powered lawyer tomorrow as the Council has informed us a couple of days ago that enforcement will be starting and we're all expected to close down.
"mahalo"
Sharyn Stone
Secretary
Maui Vacation Rental Association
email
Can I help with the costs of legal counsel?
I have been operating a vacation rental for quite a few years out of Anini area. My zoning shows up as ag land on my tax assessment, but when contacting the building department it shows up as open land. Either way It looks like I am in trouble by reading this revised proposal.If this passes I think there will be a lot of lost income to residents. I pay out in commissions and other transient related services in excess of $30,000.00,this is not including taxes and utilities and property improvements. The real-estate market will obviously be adversely affected. I depend on the income for part of my families living expenses and to subsidize the ownership of my second home. I may have to sell since long term rental of the home is priced out of the market and we only use the home a few weeks out of the year.
I have been vacationing on Kauai every year since 1972 . I have always stayed in vacation rentals. I have spent several hundred thousand dollars over the years just on vacations, all directly into the local economy, not into large multinational corporations whose profits are distributed over a global area. I think local people will be more affected by this than they think, there may be a few lean years for some residents before everything re-adjusts itself, not to mention a drop in the real-estate market Island wide.
Steve Kuljis
Friends, associates, public officials-
It is amazing to us that no mention of the Council meeting agenda item about Vacation Rentals appeared in the Garden Island today...but below please find an article which has appeared in the Star Bulletin, sent to me by Karen Ono.
Regardless of whether you and/or your clients will be impacted immediately if this bill is passed (any and all accommodations on ag land) , some months down the road (those seeking grandfathering who miss the criteria or deadlines), or in the future (via attrition due to a sale of the property, failure to properly re-new, or taken out of vacation service for a while), it is IMPORTANT to understand that THE APPARENT LONG TERM INTENT OF THIS BILL IS TO SHOVE EACH AND EVERY PAYING VISITOR TO KAUAI INTO THE DESIGNATED VISITOR DESTINATION AREAS. The questions that need to be asked, and answered are:
1) Is that what the people of Kauai want?
2) Does the general populace of the island and/or the County Council understand the short and long term ramifications of the proposed bill?
3) Is that what is best for the future of Kauai?
4) Is that what the visitors want? Should we care what the visitors want?
5) Who stands to benefit from this long term intent? Who stands to be damaged? Will our island economy be benefitted or damaged?
6) What are the intended consequences of this proposed bill, and what are the chances of achieving them?
7) What are the unintended consequences of this proposed bill?
8) Are we criminals? Has our rental activity for the past 12 years been illegal? Does anyone think that people like ourselves will not fight back, but just slink away in disgrace?
We are proud of the service we have provided to those who have sought us out for alternative, home-spun accommodation, and of the fact that no complaint has ever been leveled against our service by any resident or visitor. We are proud to have paid our mortgage and taxes, raised our 5 children to be good, intelligent citizens who, at appropriate times, question authority, and provided employment for cleaners, painters, construction, maintenance contractors, and many others. We are happy to support local businesses in the purchase of supplies for our rentals, unlike many hotels which order in bulk from off-island. We feel that we are good citizens, valuable attributes to Kauai, and that we deserve to be heard.
We differ from Ms. Yukimura in our interpretation of the state statute regarding permitted uses on ag zoned land. We do not believe that what we are doing is illegal. We differ from her in a number of aspects of her vision of Kauai, and in her apparent un-caringness in the effect this proposed bill would have on many fine citizens here, and on the island economy. We feel that our views and opinions, and those of like minded residents and visitors, should be heard as voices equal in consideration to the author(s) of the bill, and those of the relatively few zealots and self-serving business people (read those associated with large corporate interests with holdings inside the VDAs, like Princeville Corp) who have been quietly hoping (if not pushing) for passage of this bill.
We feel affronted that an amendment which is, in essence, the opinion of the bill's author and subject to legal interpretation in the courts, has been added to the bill in the "11th hour", without time for public input and consideration by all those affected, and those of us who have been branded as "illegal". We are concerned about private property rights and, as every taxpayer in the County should be, about possible costly legal ramifications passage of this bill in its present form may have.
We suggest strongly that the Council go back to the meeting table with the public and legal experts to discuss all of the above, in hopes that the issue can be resolved in a fair manner without consequences which will damage good citizens, our economy, and our society. Certainly, this proposed bill should be tabled until all the noted considerations are pondered and worked out in a fair and equitable manner.
In hopes for a better future,
Bruce and Cyndee Fehring
Farmers, Market Gardeners, Licensed Realtor, and Owners and Operators of Fine Kauai Vacation Rentals
Twin Hearts and Hale Kai Kalani
www.vacation-rental-kauai.com
Dear honorable members of the Kauai County Council,
I would respectfully like to offer you my testimony in regards to Bill No.2204.
I am against your proposed Bill No. 2204 with it's current amendments as of March 7, 2007, and would like to specifically focus on the following areas of the 3/7/07 amendment that cause reason for concern:
Presently the Bill indicates that:
- Only TVR and B&B in a VDA are permitted uses and will be issued Class 1 Zoning permits.
- TVR & B&B outside of VDA may apply for non-conforming uses but permits are not guaranteed. If a permit is in fact granted as a non conforming use, it has to be renewed every 2 years and is not transferable upon the sale of the dwelling. This causes reason for concern because there is no guarantee that an owner will be allowed to continue, and no grandfathering offered other then if the dwelling changes hands within a family. If an owner spends years building his small business he should be able to profit from the sale of such.
- Any TVR or B&B on Ag land will be denied permits and confirmed as illegal.
We have been advised that Bill 2204 would in it's current form violate vested property rights and cases have been quoted all the way to the Supreme Court. I would also like to point out that it would seem that the County of Kauai would be discriminating against a certain kind of small business (TVR/B&B), whilst allowing hundreds or thousands of other small businesses to operate out of their homes(1).
I sincerely believe that there is a need for regulation, though I believe that any attempt of regulating the past will be detrimental to the people directly affected, the people of Kauai, and the County as a whole. It would seem that instead of painfully trying to regulate the past, your time would be better served regulating the future. Albert Einstein once said "Out Of Clutter Find Simplicity", which is a principle very helpful when it's difficult to see the forest because of the trees.
The Bill in it's current form will be the cause of great hardship, loss of income to the individual & Kauai as a Visitor Destination, and probable litigation to the County. I understand that there appears to be animosity against wealthy mainland investors, but the simple truth is, that the law can not discriminate against just one group of citizens. So by writing a law that would in it's present form remove most of the TVR and B&B (maybe not immediately but certainly over time, the way the Bill is written now), you are not just affecting those wealthy "haole" but will inevitably also affect the less affluent Local vacation rental or B&B owner, and all the people who are in their employ, and all their family members.
I would like to therefore submit that it would seem the wisest cause of action, to grant permits to all existing TVR and B&B (all of which would be grandfathered with transferable permits if upon the sale of such property the new owner desires to continue TVR operations), and write Bill No.2204 only with a view to future regulation of TVR and B&B. This would be fair to all resident TVR/B&B owners, as well as to off-island owners who at the time of purchase weren't clearly advised (due to a lack of legislation) that they couldn't vacation rental their properties, to help pay for their mortgage. Regulations can easily be put into place in regards to limits on occupancy, and to control noise and parking concerns.
With future regulation you can then determine just how many more TVR/B&B the County would want, and where on island they are allowable and desirable. It would appear that when the work on this Bill started some 2 or 3 years ago, had you acted with an outlook towards the future rather then spending your time trying to regulate the past, many of the TVR and B&B that are operating today would now not be in existence.
I would also like to draw your attention to HR96/HCR127, which clearly states that the moratorium the City and County of Honolulu established in 1989 did in fact not eliminate the demand for TVRs, and has resulted in over 1,000 estimated TVR operating outside of Waikiki, including both permitted and non-permitted uses, and though the public voiced strong concerns about the negative impact of non-permitted TVRs, choosing to depend on residents to report on their neighbors concerning suspicious TVR activity, this enforcement policy has resulted in divided neighborhoods and rising tension and animosity between neighbors - which is the exact opposite of what concerned neighborhoods were expecting(2).
God Bless - Sincerely,
Reverend Martina Hough
10 year Kauai resident and B&B Owner
PS: I have counseled three LOCAL families (Japanese, Pilipino and Hapa Haole) in the last couple of days who all have decided to close down their vacation rental businesses due to the fear of being labeled "illegal". Is the Council aware of the effect this is having on LOCAL families who dared to be entrepreneurs, but do not have the resources (both time & money), or stamina to fight against this removal of their personal property rights? The wealthy "haole" will, but the less fortunate local people of Kauai will be the ones to be truly hurt. I would appreciate your taking the time to consider this important aspect of the controversy.
(1) There must be hundreds of small businesses that operate out of their homes on Kauai: Plumbers, electricians, day car centers, churches, CPA, photographers, graphic design & publishing, gardeners, housekeepers, repairmen, realtors, architects, artists, attorneys, auto repair men, hair stylists, building contractors, massage therapists, therapists, landscapers, lei makers, midwives, painters, wedding organizers, seamstresses, and many Kauai activity tour operators, just to name a few.
(2) Read HR96/HCR127 http://www.wethepeopleofkauai.com/Pages/HCR127.html
Here's my interpretation of the Bill:
Ordinance #2204 would declare all TVR's outside of the VDA to be illegal and require those which would like to continue (as long as its been a TVR for 1 year before enactment) to apply for non-conforming use permit. This permit would be non-transferable; TVR's in ag or open zoned property would not be eligible for TVR NCU permit and would have to cease TVR activity immediately or presumably face stiff fines. It appears that the county's intent is for all TVR's in NON-VDA to eventually cease to exist by way of attrition. As properties are sold, NCU permits would not be available, or be subject to strict application process (which would not necessarily guarantee approval).
It is important to address the TVR issue; however, the county's approach to the problem is nothing less than draconian; private property rights affect us all. The elimination or drastic reduction of TVR's will have a significant negative impact on our economy and on our business community. Some estimates heard at the recent public hearing indicate that a similar community on the mainland had a 25% reduction in business profits as a direct result of reducing the number of beds available to visitors to the area. Many on the island will testify - myself included- that today's traveler prefers private accommodations rather than staying at a hotel resort type of property. It is this type of visitor, which over the last ten years or so has made a significant contribution to our economy that will go somewhere else - to perhaps another part of the world - if the type of lodging they seek (TVR) is nowhere to be found. We must be very careful about this issue and consider all possible impacts this bill will have on our economy before it is wholeheartedly endorsed by the council. Tell your council to defer voting on this bill until all concerns are mitigated. There are numerous types of businesses that will suffer; Housekeepers, gardeners, lawn mower service and sales, restaurants, cleaning companies, chefs, window cleaners, landscapers, realtors, vacation rental companies and their employers, the list is endless and if you think your business is immune, think again: we will all be affected. We must discuss this issue at our next meeting or sooner if we are to draft a position statement before the next council meeting.
Tito Castillo
"Liberalism is trust of the people tempered by prudence. Conservatism is distrust of the people tempered by fear." William Gladstone, 4-time Prime Minister of Great Britain.
"I've learned people will forget what you said, people will forget what you did, but people will never forget how you made them feel." Maya Angelou
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Benjamin Franklin http://www.quotationspage.com/quotes/Benjamin_Franklin/
Dear Esteemed Councilmembers:
Thank you for all the work that you do to benefit all the delightful people of Kaua'i and the lucky ones who can visit. I understand there is a scheme afoot to restrict the B&BS. I think this is treacherous at best and truly foolhardy for your own best interests in the long run. I'll tell you why:
Five years ago I married a man with a teenage son. They have sweetly tolerated my addiction to Hawai'ian music but neither had ever been there. One New Year's Day he said to me, "every time you talk about Hawai'i, you get this faraway look in your eyes, of utter longing. Let's go diving this year for your 50th b'day." I told him I wanted his son to come along! so that he also could fall in love with the unique treasures that are the people, the music and land of Kaua'i.*
It took me weeks on the Internet to find the affordable accommodations I wanted; to immerse these men in the green saturated beauty of the countryside, to wake up to the alluring breath of the forest and sea whispering together at dawn, to just hang out in the yard with the relaxed and kind local owners, to pick our breakfast right off the tree, to have a home-not a room; to connect and care for Kaua'i forever.
None of these things would have happened for him in the giant hallways of the beautiful big resorts. We enjoyed them too but I couldn't accomplish my mission of creating two additional passionate lovers/protecters of Kaua'i without the tremendous hospitality I found at our B&B in upcountry. They even built a special bed just for our visit!
B&Bs are not just accommodating travelers and locals who can sure use the money but they are true ambassadors of the lovely culture that is Hawai'i. Don't make me stay in a hotel. I'll go somewhere else.
Alisa-maree Cox
9018 Evanston Avenue North
Seattle, Washington 98103
* I got them to see The Ni'ihau Sons, Jake Shimabukturo+ and we hauled back about 30 CDs; they are big fans now!
Aloha -- thanks for doing such a great job on this issue. Your presentations on the website and in the Garden Island article are articulate, thoughtful and persuasive.
My family and I live in an ag subdivision in Wailua Homesteads, and we farm actively. We've also been using our property as a demonstration ag project, offering bamboo and chocolate tours and workshops, to help educate our neighbors on crops that make sense for Kauai. We also advertise our house as a vacation rental, aimed primarily at the agrotourist: folks interested in plants and farming (we're listing #116658 at www.vrbo.com http://www.vrbo.com. Our website, www.steelgrass.org http://www.steelgrass.org, lists all the various activities we're engaged in.
I've spoken with Joanne about her bill, and my biggest concern is that this legislation will get adopted before people have had a chance to really think through its implications. Seems to me the most important thing right now is to slow down the process, so thank you again for your petition efforts, which I think are doing just that.
I would like to offer to help in whatever way I can. Let me know what you want me to do.
Cheers and Aloha,
Tony Lydgate
www.steelgrass.org <http://www.steelgrass.org>
Thank you for including us in this process. We thoroughly enjoyed our stay on Kauai. Staying at the Kauai Country Inn gave us a more intimate flavor of the serene beauty of the island. After spending a week in busy Waikiki, your inn provided us the respite that we wanted & needed in coming to Hawaii. Following Kauai, we ventured on to the Big Island where we stayed at two more B&Bs (we were on the North Shore for the 5.0 earthquake on Thanksgiving morning). We enjoyed each of these varied experiences and don't miss an opportunity to share our delight with others considering a trip to the islands. While there is certainly a demand for resort type accommodations, I truly feel that these should be balanced with accommodations of a more intimate nature. Staying at an inn provides an opportunity to learn more about the islands, island life and island tradition than can be garnered in a stay at a resort.
We just returned from a week in Florida. How disappointing to see what happens when tourism greed goes virtually unchecked. Florida has been blessed with tremendous natural beauty and great weather. Unfortunately it is all being paved away. The roads were congested and many of the people you crossed paths with were rude and self serving. Kauai should not give in to the dangers of tourism that will spoil its natural beauty & charm. Please keep doing your part to keep it from becoming just another warm tourist destination.
Best of luck in your ventures!
Linda & Craig Hoff
Grand Blanc, Michigan
If the county is genuinely concerned with the negative impact of certain tourism segments, it should examine the extraordinary growth of timeshares, particularly by the mega-companies like Hilton, Marriott and Hyatt. We have visited the Big Island recently, and the ratio of new units to new roads is appalling. There are zero new roads under construction to support the number of rental cars that will be clogging their roads within the next 6 months. Even with all the space around Waikoloa, it is a huge mistake. Local politicians appear to have required the proper permits for the new construction, but neglected the roads component.
Worse, one might say, is constructing the timeshare units at all. For the island of Kauai, I would absolutely agree. The unique atmosphere or culture of Kauai cannot benefit from masses of visitors. As a writer and consultant, I have long advocated economic development through tourism as "jobs, income and tax revenue without jeopardizing the quality of life that draws you live there." If you don't pay attention to quality of life issues, like protecting certain areas for local people, and limiting access by masses of people, you destroy the value of being a resident.
Elected leaders of Kauai should not pander to tourism - as Oahu and Maui have done - or you will all end up with no control over your destiny. The mega-companies, none of which is Hawaii-owned, end up doing what is best for themselves. They appoint local managers who often have no commitment to the island, but to their next assignment in three years, back on the mainland. Smaller resorts, condominiums and B&Bs tend to remain smaller and be run by local owners or managers. They have smaller impact on roads, utilities and other infrastructure. And they tend to be more committed to local issues and to the island where they will live for the long term.
We wish you well with your continued operations!
Feel free to use any of the ideas or quotes. As a tourism consultant for the state of Oregon, executive for a Hawaii condominium resort company, past member of the Board for the Hawaii Visitors Bureau (it was HVB back then), and currently on the executive committee of the San Francisco Convention & Visitors Bureau, the background might lend it some credence. I'm also a travel writer, and intend to write something about finding alternative lodging (non-mainstream resort or condominium) on-line. A hui hou,
McPhail
Mountain View, CA 94041
mcphail3@comcast.net
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