WAILUKU - With one vote against, the County Council on Friday gave final approval to a bill establishing a real property tax category for bed-and-breakfasts and transient vacation rentals - "commercialized residential property" in legalese.
The tax rate for the new category will be set by the council later. The ordinance gives the director of finance the authority to change the classification for properties that have B&B, TVR or conditional transient vacation rental permits.
Owners whose properties are put in the category will lose their $300,000 homeowner's tax exemption.
Council Member Jo Anne Johnson voted against the bill because of what she called an "unintended consequence," although she was otherwise supportive of the bill's intention. She concluded that the ordinance would have the effect of canceling the agricultural exemptions of owners in the ag district for their entire properties, not just the residence being used for business.
The ordinance was amended to put it into effect July 1, 2010, the earliest date possible. The first draft had set the start at July 1, 2011.
Also Friday, the council had been scheduled to take up on first reading a bill to prohibit alcohol at Charley Young Beach Park in Kihei. Johnson, whose committee worked on the bill, asked that action be postponed until the next meeting of the full council, Aug. 7.
In the meantime, she intends to give it further review. She also wanted to consult two of her committee members who were absent, Sol Kaho'ohalahala and Gladys Baisa, and with community police officer Brad Hickle, who has been mediating among the factions at the beach.
Nearly a dozen people Friday testified against banning alcohol, and two in favor of some controls. The opposition, all regular users of the beach and many also regular volleyball players, said the problem is not the alcohol but personal conduct.
Besides saying such an ordinance would be impossible to enforce, they said it unfairly penalized considerate drinkers who just wanted to relax and enjoy the sunset. A ban would just drive the troublemakers to some other beach, they said.
Volleyball player Jake Jacobus said if police are not allowed to arrest anyone for being staggering drunk in public, they should be. "Give them the right tool," he said, and let police handle the ones making trouble and leave everybody else alone.
Michael Kovick suggested a three-strikes policy. "Give them one ticket, a second ticket, and if they don't get the point, then you ban them."
Nancy Dennison spoke more about Kamaole Beach Park I than Charley Young. She said - and some of the Charley Young habitues confirmed it - that drunks hang out around the showers, passing out and harassing kids at Kamaole I.
She said that when she called the police nonemergency number, she was told "they didn't want to do anything about it."
"They told me it's OK to be drunk at the beach."
She was backed up by Gloria Roman, who suggested allowing alcohol from 4 to 8 p.m. but banning it during the day, when children are more likely to be at the beach.
"I don't think people would object to not having an 8 a.m. drink at the beach."
Johnson plans to discuss a similar proposal to ban alcohol at Kamaole Beach Park I in her Economic Development, Agriculture and Recreation Committee.
* Harry Eagar can be reached at heagar@mauinews.com.
