Council lets resort moratorium veto stand | Information, Sports activities, Jobs

Surrounded by luxury real estate, Wailea Beach is a busy place. The Maui County Council failed to overturn a veto on Friday that would impose a moratorium on building permits for visitor accommodation expansions. – The Maui News / MATTHEW THAYER Photo

Two members of Maui County Council changed their stance on a hotly contested move to temporarily halt the growth of visitor accommodation in western and southern Maui, and eventually allowed Mayor Michael Victorino to veto the law.

Bill 60 would impose a moratorium on building permits for the expansion of hotels and other visitor accommodation in south and west Maui until community plans in each area are updated or two years have passed, whichever comes first.

Council Vice-Chair Keani Rawlins-Fernandez and Councilor Tamara Paltin, who endorsed the bill in first and second readings before the council, decided to abandon it on Friday, citing potential legal issues.

Rawlins-Fernandez also said if Bill 60 is involved in litigation it will prevent a second proposed moratorium on visitor accommodation that would encompass the entire island.

“With this motion we have to decide whether we want to jeopardize a moratorium that we have accelerated for good reasons, but which may not be enacted and not enforced and which could become embroiled in a lawsuit.” Rawlins-Fernandez said during Friday’s meeting. “In a lawsuit, it will end our chances of an island-wide moratorium.”

The Seaside Chapel is located in Grand Wailea Maui, a Waldorf Astoria Resort. Members of the Maui County Council failed on Friday to override Mayor Michael Victorino’s veto on a bill that would put a temporary moratorium on the expansion of visitor accommodation in southern and western Maui. – The Maui News / MATTHEW THAYER Photo

Paltin said the bill would create legal hurdles with no future review and appropriate definitions required in the county charter.

“These testimonials that want it so badly means that we have to cross our i and our T on it.” said Paltin. “Because it means so much to them, we have to give them the best possible account. I don’t want to give them something that will be shot down immediately. “

To lift a veto, the council needs six votes. Councilors Kelly King, Mike Molina, Shane Sinenci and Gabe Johnson all voted for the override on Friday, while Rawlins-Fernandez, Paltin, Alice Lee and Yuki Lei Sugimura opposed it. Councilor Tasha Kama was absent and apologized.

The bill introduced by King met with widespread support from residents during weeks of testimony.

King has reiterated that the moratorium would put a much-needed hiatus on an unbridled visitor industry so officials can determine the next steps to curb over-tourism. She argued that the bill was legally bulletproof and was derived on the basis of previous moratoriums that withstood the challenges.

During the meeting, King repeated that the bill “Does not violate the processes prescribed by the charter.”

“An overwhelming number of parishioners are expressing their support for Bill 60, with the majority of the opposition, pretty much all of them, coming from hotel lobbyists and industrial workers.” King said. “Without this moratorium, the community has the feeling that there is no end to this uncontrolled growth in sight.”

Elizabeth McGain of Maui, who testified Friday asking for a veto of the law, said: “The majority of the people you represent from every county in Maui are in favor of Bill 60. We are feeling the effects of excessive tourism in every community on the island. Everyone simply understands the concept that more hotel rooms mean more visitors. “

Sinenci continued to support Bill 60 on Friday.

Problems that would have been addressed during the temporary break include water scarcity, lower quality of life for local residents, environmental degradation and “Destroying our cultural assets” with construction projects, he said.

After Friday’s vote, Victorino praised the council’s decision to allow its veto to exist.

“I share the community’s concerns about the direction of Maui tourism and appreciate the work of the Maui County Council on Bill 60.” he said in a statement. “However, it would be ineffective to redesign our hospitality industry so that it is more compatible with the needs of our community and the natural environment.”

On July 2, the council voted 6-2, with Lee and Sugimura opposed and Kama absent and excused to approve Bill 60 on the second and final reading.

Then, towards the end of last month, Victorino vetoed Bill 60, saying the measure would fail the legal templates and would be ineffective.

Following the introduction of Bill 60, Rawlins-Fernandez proposed their own moratorium on visitor accommodation in June that would extend to the entire island of Maui.

It would keep the number of current tourist accommodation facilities until the Council passes legislation implementing the recommendations of a temporary tourism management research group established by the Council, or in two years, whichever comes first.

The plan was sent to the Maui Planning Commission. From there, the panel has until September 7th to accept it and arrange a public hearing. It would then return to the Council for first and second readings.

Both Rawlins-Fernandez and King had declared that both moratoriums should be passed.

* Dakota Grossman can be reached at dgrossman@mauinews.com.

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