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Maui Bed & Breakfast endangered species...

September 14th, 2007 3:52 PM

The Maui News
Friday, September 14, 2007

Planning official: Enforcement due to Transient Vacation Rentals' increase

By HARRY EAGAR, Staff Writer

WAILUKU - A stranger in town could have been forgiven for wondering what the fuss was about at Wednesday's Transient Vacation Rental Informational Forum at the Iao Theater.

Almost nobody had anything bad to say about TVRs. Nobody in the audience of nearly 200 did. And four of the five panelists didn't.

Only county Planning Director Jeff Hunt had a discouraging word, and even he was trying to be conciliatory. When he took the job early this year, his department was criticized for not enforcing the zoning law, he said. Then when it did start enforcing it, he was criticized for that.

"We were damned when we didn't, and we were damned when we did."

All but a few of the island's estimated 1,100 short-term vacation rental businesses are facing extinction Jan. 1. Hunt was asked to explain why the county could suspend enforcement of the zoning law for years, then turn around and enforce it rigorously.

Hunt pointed to the number - 1,100. When enforcement was suspended pending passage of a bill that would have regularized TVRs, he said, there were an estimated 500 operating without permits.

During the six-year hiatus, TVRs grew at the rate of 14 percent per year "with no regulation at all."

"As the number of rentals increased, public support for them shifted," Hunt said.

With that shift, the new council filed a bill that had been under review for years. It would
have made it possible for many (but not all) existing TVRs to get legal.

By scrapping the bill, most of the 1,100 operating businesses were left either with no way
to get legal or no way to get legal by the end of this year.

"I think for a short period nonenforcement was reasonable," Hunt said.

But after six years, the administration no longer treats it that way.

That brought out the crowd, because many fear they will lose their incomes or even their
properties with a deadline of Jan. 1.

The Maui Vacation Rental Association is preparing a lawsuit to block the county from proceeding with enforcement, but it has not gone to court yet.

Later in the meeting, expanding on his early remarks, Hunt said, "The argument to stay the course assumes a bill will be adopted. That is how we got into this situation six years ago."

The situation is giving Maui's visitor industry a global black eye, said panel member Vanessa Ghantous, executive vice president for operations at McCoy Customer Travel.

People who made plans to stay in TVRs as much as a year ago are being told their reservations cannot be honored. Hotels are either full or too expensive, said Ghantous, and Internet commentary is full of complaints about Maui.

"If people have a good time, they tell one person. If they have a bad time, they tell 10.
Word is definitely spreading."

The meeting began with a short history of enforcement from former Mayor Alan Arakawa.
During his four-year term, enforcement was stayed, so long as businesses had applied for
permits. However, some operators say they were discouraged from applying.

The origin of the stay went back to the administration of the previous mayor, James
"Kimo" Apana, and Arakawa said he accepted it while he was on the council.

Then the panelists each made a short presentation.

David Dantes, president of MVRA, said the county had strung operators along and then suddenly hung them out to dry, with a very short time to react.

Since notices of violation have been issued, at least 20 TVRs shut down in July, he said, and he assumes there were at least as many in August.

He said the operators have learned that the zoning enforcement division is going to change its rule so that merely finding an advertisement for a TVR would be evidence that it is operating without a permit.

Hunt later said that this change is in the works, but only for appeals to the Board of Variances and Appeals. It could not, as the operators fear, be used to convict anyone of a violation, because the board doesn't have that power.

"This is a crisis," Dantes said. "We are on the brink of financial disaster."

Thursday, he supplemented that statement with an exchange of e-mails with the mayor's office.

"In order for the public to appreciate why MVRA has no choice but to seek a court order, it must be understood that the county is unwilling to negotiate," he said.

He said Hunt referred MVRA to Mayor Charmaine Tavares, who referred them to Council Member Gladys Baisa, who chairs the Planning Committee, who responded that the council couldn't do anything until it had a draft bill to consider.

Bills to establish standards on permitting bed-and-breakfast operations and transient
vacation rentals have been drafted and will go to the Maui and Molokai planning commissions for initial review in October. (See related story.)

That didn't help, Dantes said, because there is no way the bills can be acted on before his
members will have to shut down.

Working with the council will not help meet the deadline set by Hunt, Dantes said.

"The solution is for the county of Maui to keep its word," he said.

Hunt said the solution is "to persuade the County Council to pass an ordinance."

Warren Watanabe, president of the Maui County Farm Bureau, spoke about the effect of TVRs in ag districts. He said farmers' worries are not just about TVRs but about anything that encroaches on farmland, because once ag land goes to some other use, "it's never going to come back."

He said the bureau supports making the application process "more user-friendly," but the
answer to whether or not to put vacation businesses on ag land is to "reclassify," that
is, change the ag land to urban. "Transient vacation rental has its place."

He said the current statewide review to establish which ag lands are "important" should be the guide as to where ag land can appropriately be changed to urban.

Dave DeLeon, who works for the Realtors Association of Maui, said the visitor market has
changed over the decades, in favor of small rentals, and "the county needs to change or lose that market."

"The county has made a complete mess of a worthy component of the visitor industry," he said.

One of the objections to TVRs is a claim that they take long-term rentals away from residents, although MVRA disputes this.

Later, DeLeon was asked what the market would do with houses now being used for TVRs if they are thrown on the market, especially by owners who cannot pay their mortgages.

DeLeon, a licensed real estate agent, said he doesn't know.

"We'll see if the market collapses," he said.

In answer to a question about fractional ownership of large homes, DeLeon said it's
already happening. This is somewhat similar to time share: a group of people club together to buy a house, with each getting use of it for a month or two each year.

DeLeon said he didn't believe this kind of ownership could be regulated, and at least the
more expensive TVRs would end up in that kind of use, rather than going into the local long-term rental pool.

"The market is driven by lots of people with lots of money who want to come here," he said.

Hunt's draft bill would drive TVRs out of the ag and rural zones. That fits "smart growth"
policies, he said, because "additional growth in rural dwelling patterns is a costly way to
provide services." Smart growth brings people together in centers where people can get around by walking or biking, he said.

The General Plan revision, now under review, will include "urban growth boundaries, which will make it difficult for any development, not just TVRs, in nonurban districts," he said.

"The market seems to want small, rural home sites," Hunt said, but "the Planning Department will not support a lot of this zoning."

The forum was sponsored by The Maui News and hosted by the Maui Chamber of Commerce.

Harry Eagar can be reached at heagar@mauinews.com.
Copyright © 2007 The Maui News

Posted by Fabienne Gandall on September 14th, 2007 3:52 PMPost a Comment (0)

Do you know how to sail a Superferry?

September 18th, 2007 9:37 PM

The Honolulu Advertiser, Tuesday, September 18, 2007

Hawaii Superferry proved its skill, captain testifies

By Christie Wilson, Advertiser Neighbor Island Editor

WAILUKU, Maui - A Hawaii Superferry captain yesterday said the company's 350-foot catamaran proved its maneuverability last month when surfers, paddlers and other protesters jumped into the waters of Nawiliwili Harbor to keep the Alakai from docking.

"It performed flawlessly," said Capt. Adam Parsons, who was at the helm on the ship's two visits to Kaua'i on Aug. 26 and 27. "I'm probably the only person in the state who has backed out of Nawiliwili Harbor in a large vessel."

Parsons was a witness yesterday in a Maui Circuit Court hearing, now in its second week, to determine whether Hawaii Superferry can resume service to Maui while the state conducts an environmental assessment of publicly funded projects built to accommodate the new interisland service at Kahului Harbor. His testimony was meant to address criticism that the high-speed ferry poses a threat to the endangered humpback whales that winter in Hawai'i.

The ferry, powered by water jets, is expected to operate at 37 knots, or about 43 mph. By comparison, cruise ships, container vessels and freighters operate in the 20-knot range.

NOAA Fisheries recommends vessel speeds in the vicinity of 13 knots to reduce the risk of whale collisions and serious injury to the animals. The federal agency and others have expressed concern the company's whale-avoidance plan doesn't substantially reduce the risk to whales.

Parsons pointed out the Alakai's speed works in its favor, allowing maneuverability unmatched by larger ships.

At 37 knots, the shallow-draft catamaran can come to a stop in a distance of 1,050 feet, or about 40 seconds, he said, while a cruise ship sailing at only 13 knots would need 1,500 feet.

Plus, he said, the Alakai can do something larger ships can't: stop and turn at the same time.

Parsons said the ferry's stopping distance drops to 600 to 700 feet if it is also maneuvering away from a potential collision.

'LARGER SAFETY MARGIN'

Describing the catamaran's turning ability, Parsons said the Alakai can complete a circle at full speed in four-tenths of a mile, while it would take three miles for a cruise ship to make the same maneuver.

The water-jet propulsion system also allows the captain to instantly initiate a reverse thrust to stop the ferry.

"We have a larger safety margin than any vessel out there. We can turn faster and stop significantly faster, 50 percent faster, than any ship plying the same routes," he said.

Parsons also explained the difference in the wakes generated by the ferry and a cruise ship.

The shorter ferry has a shallower draft, and its water jets create a short burst of surface turbulence that quickly dissipates, he said.

Although it may appear the ferry is kicking up a large wake as it accelerates out of port, the turbulence dissipates long before reaching the beach, a breakwater or outrigger canoes that share the harbor, according to Parsons.

A larger deep-draft vessel displaces a solid block of water as it cuts through the ocean, creating a long swell that travels much farther, he said.

Parsons' remarks were in response to testimony last week from Iokepa Nae'ole, a fisherman, surfer, diver and paddler who said he is worried for the safety of paddlers, kayakers, paddle boarders and other ocean users who head out from Kahului Harbor to a two-mile buoy north of the harbor mouth, along the ferry route, or come into the harbor on long-distance runs from Maliko Gulch.

Parsons also remarked on his experience as a boat captain in Alaska's Glacier Bay National Park, where humpback whales spend their summers feeding. He said that during the two summers he worked there, in 2005 and 2006, he was not aware of any whale collisions or close calls. Vessel speeds in the park can range from 13 to 28 knots, he said, depending on boat traffic and whale density.

He said whale blows, tale and pectoral fin slapping and other behavior make the creatures easy to spot from several miles away.

"Once you see one you assume there are others around so you maneuver away from that so you don't get near the pod," he said.

BLIND SPOT

On cross-examination by attorney Isaac Hall, Parsons acknowledged the sight line from the ferry's bridge straight ahead to the ocean surface leaves a 300-foot-long blind spot. Hall is representing Maui Tomorrow, the Sierra Club and the Kahului Harbor Coalition, which won a Hawai'i Supreme Court decision ordering the state to perform an environmental assessment of the harbor projects.

The Hawaii Superferry's whale-avoidance policy includes whale-season routes that run outside the boundaries of the Hawaiian Islands Humpback Whale National Marine Sanctuary and avoiding other whale-dense waters of 100 fathoms (600 feet) or less when possible.

The ferry also will have two dedicated whale lookouts in addition to the bridge crew, and specialized binoculars and other equipment to help spot whales. Parsons said the vessel will attempt to maintain a distance from whales of about 500 yards; federal rules call for keeping a distance of at least 100 yards.

Parsons acknowledged the ferry may have to travel through sanctuary waters when rough ocean conditions make it dangerous to sail north of Moloka'i. In that case, the vessel would move at no more than 25 knots.

'CRIMINAL' RISKS

Also testifying yesterday was Maui County Councilwoman Michelle Anderson, who said an environmental review of the ferry-related harbor projects would give county officials more time to prepare for a different type of visitor the ferry would bring.

Anderson introduced a resolution passed by the council in May 2005 urging the state to conduct a review. Councils on Kaua'i and the Big Island passed similar measures.

The South Maui councilwoman said the ferry would make it easier for "a criminal element" from O'ahu to import trouble, challenging local police already stretched thin.

"We don't want O'ahu's urban problems brought to Maui, not to mention drug dealers and criminals of all sorts. ... To invite more problems without any type of assessment to handle it is just irresponsible."

She said the 2 million or so visitors who fly to Maui annually are different from passengers who would bring their vehicles with them on the ferry because "tourists don't come here to pick our 'opihi ... but there are plenty of people on O'ahu who still value 'opihi ... and our secret ulua places."

Under questioning by Hawaii Superferry attorney Lisa Munger, Anderson refused to acknowledge that Maui's resources belong to the entire state, saying that would depend on one's view of "home rule."

The hearing resumes at 10 a.m. today.

Posted by Fabienne Gandall on September 18th, 2007 9:37 PMPost a Comment (0)

Do Maui towns need limits???

September 18th, 2007 9:34 PM

The Maui News, Monday, September 17, 2007

Maui towns need limits

The basic structure of government in the islands often comes as a surprise that creates confusion among newcomers. Unlike most places on the Mainland, there are just two levels of government in the islands. There is the state government and there are the county governments. That's it - no townships and no municipalities.

Not having delineated towns also leads to major planning issues. One of the goals of the current revision of the general plan is to put "city limits" around urban areas. Maui was once considered rural. Populations were centered around sugar mills, pineapple plantations, ranches and the harbor, with thousands of acres of fields and pastures around them. Although there is still plenty of room for "country living" in the county, a better definition for Maui today would be ex-urban, not yet suburban and not exactly urban.

A major focus of current planning efforts, brought into sharp relief by the controversy over transient vacation rentals, is to confine urban sprawl and protect the open space that is so vital to Maui's overall appeal to residents and to visitors.

Attempts to limit sprawl in the past foundered on the shoals of profit. Owners of land on the edges of what are now urban areas could see limitations on development possibilities. They are right, but if Maui is to avoid unplanned development, residential/urban areas must be defined.

One result of the unplanned development of Maui has been the rise of transient vacation rentals in rural areas. Current plans call for banning the so-called TVRs from ag-zoned land even though individual parcels are too small to be economically viable as farms.

The times are a-changing. It may be that the future of agriculture lies with combining tourism with food production. That seems to be the idea behind requiring a B&B operator in the ag zone to earn $35,000 a year from agriculture.

After years of anything-goes land use policies, the county must tighten controls, but it should do so with a mind that is open to new possibilities that would fit with the overall goal - a Maui that retains the best of its past while being prepared for the future.

Posted by Fabienne Gandall on September 18th, 2007 9:34 PMPost a Comment (0)

The Saga of the Hawaii Superferry!

September 5th, 2007 11:39 PM

The Honolulu Advertiser

Updated at 9:59 a.m., Wednesday, September 5, 2007

Court hearing on Superferry service to Maui postponed

A hearing on whether to keep in place the ban on Hawaii Superferry service to Maui until the state conducts an environmental assessment has been postponed until next week.

The hearing, which was initially scheduled for 9:30 a.m. tomorrow in Maui Circuit Court, is now set for 9 a.m. Monday.

The hearing before Judge Joseph Cardoza is expected to decide whether a preliminary and/or permanent injunction will be issued to keep the ban on Hawaii Superferry service to Maui in place until the state Department of Transportation conducts an environmental assessment on the Kahului Harbor projects.

In a court case brought by Maui Tomorrow, the Sierra Club and the Kahului Harbor Coalition, the state Supreme Court ruled Aug. 23 that the state was wrong to exempt publicly funded ferry-related projects at the Kahului Harbor from the state's environmental protection law.

The Maui projects, which include a barge, ramps, fencing and utilities, are part of $40 million in state-funded, ferry-related construction at Kahului, Nawiliwili, Honolulu and Kawaihae harbors.

Following the ruling, Cardoza last month granted the plaintiffs' request for a temporary restraining order banning the state from allowing the ferry to use Kahului Harbor.

At an Aug. 29 hearing, Cardoza rejected a motion by Hawaii Superferry and the DOT to dissolve the temporary order.

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In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

Posted by Fabienne Gandall on September 5th, 2007 11:39 PMPost a Comment (0)