HomeMy WebLinkAboutCOM 0739.098 2016-2018PPG
cm
� DILL b`b
From: Lucretia Worster
To: Council Testimony
Cc: David, Maile JUN -!-4 AN -0. 34 UM V1 -
Subject: Bill 108: Testimony
Date: Monday, June 04, 2018 10:25:34 AM
I am testifying on Bill 108 concerning vacation rentals on Hawaii island. I understand you need to complete
this bill to get a more equitable share of our TAT from the state, but this has become a very difficult time
for such legislation. Not only have people lost homes and everything they own, but many have lost
livelihoods. We live in Volcano and even though we have riot seen one drop of lava, our business has
plummeted. Our current bookings have gone down 50%, and we are getting no new business. We are lucky
- many of our fellow business owners are down 100%. The people of the Big Island are suffering and will
be suffering for months to come.
Now, to the details of the bill. My biggest concern is in acquiring and keeping a certificate.
First, the $500 a year fee is unreasonable. From watching the last council,meeting, the Planning
Department could not provide any justification for this number — they admit they made it up. No other
fees, including a business license or TAT license, costs this incredible amount of money, and those are for
life, not required every year. The sliding scale that was mentioned was ridiculous and unenforceable. No
other' fee that the county charges is based on how much money you make.
Second is the newly added requirement to provide a site plan of the home and surrounding land. I do
not understand this extra hurdle and expense. As long as the host has fewer bedrooms than the certificate
allows and has the correct number of parking stalls available, why do you need a drawing? The only reason
I can see is that one of the council members has a complaint against her neighbor who built a larger house
than the plans called for (as she stated in the last council meeting), and the planning department never
followed up on it. I do not want to see host's fees go to fill in the Planning Department's current financial
gaps or fulfill personal vendettas.
Next, I understand the purpose of the "Good Neighbor Provision", but think there needs to be more
clarity in how it is enforced. Sound travels, especially in the rainforest or when homes are close together.
My neighbor (who also runs a vacation rental) has told me he can hear almost anything above a whisper
from my front deck. If certificate renewals can be denied due to "verified neighbor complaints", I would
like to know the method of verification. I believe a police report should be required. Simply having a
grumpy neighbor complain about someone having wine on their lanai at 9:30 to some random person is very
one-sided and a horrible way to impact livelihoods. This has never been a requirement of long-term rentals.
I also question the 24x7 1 hour rule. Though we live near our business., there are times when we are more
than an hour away: This is a big island. Going to Costco to buy toilet paper means we are 2-1/2 hours from
our home. We also sleep and sometimes do not hear a text or message in the middle of the night. If a guest
has an issue, we fix it as quickly as -possible and have always had happy guests and neighbors. I know of no
other business that requires the owner to be immediately on-call 24 hours a day or risk being out of county
compliance-
Finally,
ompliance
Finally, I would like some of the vagary in the certificate approval and renewal process clarified. It
says that renewal can be denied if "The applicant has violated provisions of this section or other pertinent
laws". What are "other pertinent laws"? Like ... if the host is a thief? If they aren't paying taxes? If they
installed some plumbing without a permit? I have a similar question about proposed amendment 25-4-_.3
Enforcement which mentions "operating unlawfully". These are big loop holes that allow a certificate to be
denied for' almost any reason.
I believe the only way to get the participation you are hoping for with this bill is to make it reasonable to
Own No. 1 --;51, R�
Ref. Ta: L
u'nf Dn,f JUN 05
attain, requirements clear, and affordable for the business owner.
Again, thank you for your time and consideration.
Lucretia Worster