HomeMy WebLinkAbout2024-04-02 PL-CCI-2024-000003 Bill 121 Chuck Barker Testimony From: Chuck Barker
To: WPCtestimonv
Subject: Bill 121 OPPOSITION
Date: Tuesday,April 2,2024 3:04:03 PM
Attachments: TESTIMONY IN OPPOSITION TO HAWAII COUNTY COUNCIL BILL 121 4-2-2024-v2.1)df
For the hearing upcoming on April 4, 2024,please include my written testimony in
OPPOSITION to Bill 121.
Mahalo,
Chuck Barker
Kuleana Mortgage LLC
chuck,kul eanaa gmail.c om
Office: 808-935-9350
Cell: 808-747-6141
NMLS 9s: 1813495 &1826890
Kuleana Mortgage LLG
4 Kamehameha Avenue
Hilo, Hawaii 96120
info.kuleana@cjmail.com
Tel:505-135-9350
TESTIMONY IN OPPOSITION TO HAWAII COUNTY COUNCIL BILL 121
Hearing Date &Time:April 4, 2024 at 9:00 a.m.
Location: Hawaii County Council Chambers, 25 Aupuni Street, Hilo
This testimony is submitted in opposition to Hawaii County Council Bill# 121.
First and foremost, I call upon each Councilmember to vote in a manner that is consistent with the
majority of Hawaii Island consitutents. Without equivocation, the testimony at each and every hearing which
pertains to vacation rentals has been, and continues to be,overwhelmingly in opposition to further restrictions,
limitations and governmental interference with the commercial activity that provides visitors to Hawaii Island an
opportunity that is an alternative to extraordinarily costly, insulated hotels and resorts, and provides a unique
experience of living, even for just a short time, within our community.
Moreover, attempting to restrict vacation rentals in any measure whatsoever would further eviscerate the
employment opportunites for Hawaii Island residents that make their livings, and supplement other incomes in
housekeeping, landscaping, maintenance and care for these properties and for the travelers who come to our
Island.
For all of these reasons, this Bill 121 must be voted down. Later on, and to the contrary, we can then all
work on developing frameworks that can foster and assist the vacation rental industry, as an important
contributor to our economy. If the voting record of Councilmembers is any metric—which it is—it would
appear that many sitting in the Council seats have either forgotten or have chosen to ignore the fact that we are—
whether one likes to admit it or not- a visitor-dependent economy. We do not have substantial manufacturing
exports and our agricultural output is but a tiny fragment fraction of once-dominant,but now nearly three
decades passed into history, sugar industry.
I present this testimony to express increasing concern with County enactments and regulations which are
irrefutably not representative of either the wishes of the majority of our population, nor conducive to the best
interests of our community.
As to STVRs, we have witnessed in the past several years, increasing restrictions on the abilities of
property owners to be able to make their properties available to visitors, visitors to our islands who
governmental agencies have espoused an increasing proclivity to relabel as "transients", a term that is
undeniably intentionally alienating.
We, as the majority members of the public, did not request the imposition of regulations that threaten to
essentially eradicate the cottage industry of making rooms, ohanas, yurts, farm dwellings and homes available to
visitors, and those who wish to come here to experience life in Hawaii—an experience that is not available in a
posh expensive hotel room. Instead, the imposition of those rules happened internally, at the county govermmnent
level, and now potentially at the state legislative level Public input was ostensibly invited, yet abjectly
disregarded.At one of the early STVR heaings (Bill 108), conducted in the Aupuni Center, 30 members of the
public testified; I was one of them. Exactly 100% testified in opposition, yet those voices were compltely
ignored by the County Council, and regulations were imposed shortly thereafter, without the benefit of a public
vote. Look at the testimony on these bills that occurred recently on January 23, 2024: the overwhelming and
very nearly unanimous testimony on these bills 121, 122& 123: IT IS IN OPPOSITION.
However, and notwithstanding this overwhelming opposition to Bill 121,by members of our community,
from business trade associations, from small farm owners and managers, from indviduals whose livlihoods
depend on these vacation rentals for their incomes as housekeepers and maintenance staff, the County Council
members abjectly ignored this, and incredulously, voted in favor of these bills, This intentional ignoring of the
plainly expressed wishes of the Hawaii County constituents can no longer be abided.
There are those who contend that vacation rentals reduce the availability of long-term housing, or make
it more expensive due to scarcity, yet there are no statistical reports which support such a notion. On the
contrary,rendering these vacation and Hawaii experience rentals as "illegal' causes drastic loss of property
caretaker and rental preparation jobs. It also takes GET,TAT and other tax revenue streams off the table, and
would reduce our county and state tax resources.
Hawaii County is essentially the last place in the entire state of Hawaii where there remain afforable
places to live. But this teeters on the precipice of dissappearing. Lack of economical dwellings is NOT caused
by housing units being utilized—or even partially utilized(as in the cases of room rental, or rural ag dwelling
experience farms)—as short-term vacation rentals. The dearth of available economical housing is directly caused
by a) increasingly(and absurdly innapropriate for our locale)onerous building codes that may be relevant for
California,but not here;b)construction material costs; c) construction labor costs, and d) sharply increasing land
costs. While no governmental action is going to reduce b,c &d,rational governmental action could further the
objective of providing economical dwellings by way of a building code which allows simple frame and single-
wall structures (the same as homes that most of us have lived at some time in our lives here, many of which still
stand and provide shelter for island families), metal roof on rafters,pier blocks and simple plumbing and
electrical service. Yet building codes do not allow us to build economical homes any more.This can change.
This being the case, my lone voice is not what matters. Nor should these many new and onerous rules
regarding vacation and farm experience rentals, or increasingly costly building code requirements be enacted by
a county council or administrative staff.These must be placed for public vote, if we are to preserve any notion
that we are a democratic society, and that our laws and rules are the preference of the majority of persons,rather
than a few in governmental positions that pretend to know what is best for, and desired by, the people of the
County and State of Hawaii. Indeed, it is nothing short of an egregious dereliction of the duties of council
members to ignore the clearly expressed positions of their constituents.
I therefore recommend that Bill 121 be rejected, and instead placed for public vote,pertaining to both
STVR and farm experience operations, as well as review of recent building code requirements that are causing
economical homes to have become impossible to construct.
Council members, you are commissioned with a kuleana to act in accord with the wishes of the statisical
majority of constituents. We have communicated overwhelmingly that you are to reject Bill 121. Therefore,
please do so, and reject this attempt to impose detrimental restrictions on short-term vacation rentals.
Su mitted by,
Chuck Barker
Principal, Kuleana Mortgage LLC