HomeMy WebLinkAbout09/24/2014 Public hearing transcript re BILL#2559 PUBLIC HEARING
SEPTEMBER 24, 2014
A public hearing of the Council of the County of Kaua`i was called to order by
Mason K. Chock, Sr., Chair, Finance & Economic Development (Tourism / Visitor
Industry / Small Business Development / Sports & Recreation Development / Other
Economic Development Areas) Committee, on Wednesday, September 24, 2014, at
2:51 p.m., at the Council Chambers, 4396 Rice Street, Suite 201, Historic County
Building, Lihu`e, and the presence of the following was noted:
Honorable Tim Bynum
Honorable Mason K. Chock, Sr.
Honorable Gary L. Hooser
Honorable Ross Kagawa
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro
The Clerk read the notice of the public hearing on the following:
"Bill. No. 2559 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO REAL PROPERTY TAXES (Tax On, Use),"
which was passed on first reading and ordered to print by the Council of the County
of Kauai on September 10, 2014, and published in The Garden Island newspaper on
September 14, 2014.
Mr. Sato: We have no written testimony on this item,
and have two (2) registered speakers. The first speaker is Ian Miles, followed by
Tom LaCour.
Mr. Chock: Great. Mr. Miles, welcome back. This is on
the percentage.
IAN MILES: Back again. Ian Miles. I just wanted to say
I agree with this fundamentally because a lot of the inequality we have heard
during the Tax Workshop, this Bill addresses when you have multiple use. I sent
you a letter previously which explained on actually if I have a rental, there is kind
of a multiplication factor that comes in, if you had a Homestead and then you do not
have a Homestead, you are only renting our ten percent (10%) of your property, you
are suddenly paying ten (10) times the Vacation Rental rate or twelve (12) times the
Hotel rate or something for this one place you are renting out. We have had both
during our time, multiple situations where because we had six (6) kids and they
went to school, boarded in O`ahu and things. We had their friends come over
sometimes to work for a hotel and they would stay with us. I always tell them, if
they stay over a month, you have to pay rent. Today, with these rules, my taxes go
up because I do that. Whereas, I should have the right as my home being my castle
king of thing, that I can have a variety of things. We have had a lot of exchange
students. Some pay, some do not. We have like ten (10) Japanese exchange
PUBLIC HEARING 2 SEPTEMBER 24, 2014
BILL NO. 2559
students plus other people staying in our house. We do not want to get into a thing
where government is telling me how to live my life. So, you have a multiple use
that you get to say, "Oh, yes, I have someone staying in a room." Maybe I get old
and I want someone to come and live with me, but I need help by them paying rent
in my house. I want to keep my house, but I want to rent out a room just because I
may need the money or I need to be with somebody in there. The government
should not be saying, "You cannot do that" or "You can" or "Your taxes go up
because you do that." So, I think we really have to address the issue if there are
multiple actual uses. If someone rents out a room in their house. The government
does not really want to be in that, which is as I understand it, your rules would
actually do that, make your taxes go up. So, let us address that and get rid of it.
That is all I am saying to you. I am also a little afraid on my street, let me add, that
I see at least three (3) people just on my street who have spent a long time living
with other people renting a little bit of their house kind of in communal things.
Now, if really this takes hold and you begin, those people start getting evicted
because people's taxes went up by a couple of thousand, you have already got a
crisis with rentals on this island. We really do not need to precipitate that kind of
thing. Anyway, those are just my thoughts. Thank you.
Mr. Chock: Thank you for your testimony. Any
questions? I think that is it. Thank you.
Mr. Sato: Next speaker is Tom LaCour.
Mr. Chock: Mr. LaCour.
TOM LACOUR: Tom LaCour, Hanalei. Mr. Chairman and
Councilmembers, I am here to ask for relief. My taxes, as I mentioned to you
before, have gone up five hundred percent (500%) in the last three (3) periods. I just
cannot afford that. I cannot afford to stay in my own home. It is not for sale. If
something should happened where we could be taxed at the Transient Vacation
Rental (TVR) rate for the property that is a Transient Vacation Rental, and my
home, which is about three (3) times that size would be taxed at a Residential rate,
we would be in much better shape. We are not the only ones that are faced with
this, but I doubt that there are too awful many on the island who are faced with
this. I would ask for your vote to do something along those lines. I would like to
make a correction to when I spoke during the earlier testimony two (2) weeks ago. I
told Councilmember Bynum that apparently I said we get two thousand three
hundred dollars ($2,300) a night for the rental. That was incorrect. It is two
thousand three hundred dollars ($2,300) a week. Big difference. If there are any
questions, I would be glad to answer them.
Mr. Chock: Councilmember Kagawa.
Mr. Kagawa: Thank you. So, you said that you would
prefer a measure that would tax your TVR for the portion of your house that is a
TVR, and I think you meant to say that your residence is three (3) times the size,
and you wanted to Homestead rate, not the Residential rate, right?
Mr. LaCour: Correct.
Mr. Kagawa: The three dollars ($3).
PUBLIC HEARING 3 SEPTEMBER 24, 2014
BILL NO. 2559
Mr. LaCour: Right.
Mr. Kagawa: Three dollars ($3) per one thousand dollars
($1,000), right?
Mr. LaCour: Right.
Mr. Kagawa: Because you live in that house.
Mr. LaCour: Yes.
Mr. Kagawa: Okay. Thank you.
Mr. Chock: Any other questions? Chair.
Mr. Furfaro: Yes. So, Mr. LaCour, you are in fact
testifying in favor of Bill No. 2559?
Mr. LaCour: That is correct.
Mr. Furfaro: And you are saying if you have twenty-five
percent (25%) of your property is involved in Vacation Rental of other commercial
activities and seventy-five percent (75%), you would be open to signing an affidavit
that you are taxed appropriately?
Mr. LaCour: I would be more than happy to sign that.
Mr. Furfaro: I do want to say that there is the potential of
another Bill coming in, which will be in Mr. Chock's Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee soon. It
just did not make this sheet that deals with a new category of a blended rate for
people that have both. Would that be something you are favorable to?
Mr. LaCour: It would be determined by how it is blended.
If it would be determined by number of square foot in one house as opposed to the
other, I think that would be fine. Something along those lines.
Mr. Furfaro: Okay. Thank you.
Mr. LaCour: If I may say one (1) other thing, we need
some stability in the taxes for the County.
Mr. Furfaro: Well, that was one of the intents of that cap
at the time. It was predictable, and I understand you are saying the stability.
There are going to be two (2) similar Bills here to the one you are testifying in front
of.
Mr. LaCour: Yes, sir.
Mr. Furfaro: Thank you.
Mr. Chock: Thank you.
PUBLIC HEARING 4 SEPTEMBER 24, 2014
BILL NO. 2559
Mr. LaCour: Thank you.
Mr. Sato: We have no more registered speakers.
Mr. Chock: Would anyone else like to speak on this
item? Seeing none, I think that is the last of our tax bills for public hearing.
There being no further testimony on this matter, the public hearing
adjourned at 2:58 p.m.
Respectfully submitted,
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SCOTT K. SATO
Council Services Review Officer
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