Meeting Time: November 16, 2021 at 9:00am HST
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Agenda Item

GREAT-44 CC 21-453 BICYCLE-TOUR PUBLIC SAFETY AND RELATED LITIGATION CONCERNS (GREAT-44)

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    Guest User about 3 years ago

    As residents of Maui county and owners of a small business that employs people here in Hawaii's tourism industry, we are opposed to GREAT-44.

    Many tourism-based businesses are struggling to survive following the pandemic. Most were closed completely for a year. Our business lost all eight staff; we have rehired three. While we do not operate bike tours ourselves, the loss of income for our tourism-related business would be roughly equal to one of those three staff salaries.

    The volume of bikers is already greatly reduced from its peak, having been cut drastically in 2007 when Haleakala National Park banned commercial bike tours from riding in the park. It was further reduced just a few years ago when the park greatly reduced the number of tour operators with permits to enter. These proposed county rules are just a poorly-disguised attempt to kill the industry once and for all.

    Banning unguided bike tours completely is clearly evidence of that. Cutting guided tours to 10 riders per group when they operate 13 passenger vans means they will not be able to run at efficient capacity. The difference between a tour for 10 people and a tour for 12 people is the difference between a tour being profitable, and a tour barely breaking even. Limiting tours in the "management areas" to 6 per day for all companies combined? No company can operate a profitable business on one tour a day.

    This proposed legislation is not about safety. It is about caving to a vocal group of residents who do not work in the visitor industry and who ERRONEOUSLY believe that they do not benefit from it. They don't realize that the reason our property taxes are so low on Maui is because of those people who are riding those bicycles. We've heard people complain that those visitors aren't paying taxes on their use of the road ... that is so not true. The vans used for these tours pay commercial rates for vehicle registration. And the guests riding the bikes have paid GET on the bike tour sale. And most significantly, they are paying 13.25% accommodations tax! The amount of TAT a visiting family pays for a four night stay at a high-end resort is greater than the amount that local residents pay for their vehicle registration fee for an entire year!

    Let's be honest. Island residents complain about bike tours because they feel inconvenienced. In order to maintain safety they have to slow down to the speed limit or, God-forbid, UNDER the speed limit for a minute or two when they encounter a biker. They believe they have the right to drive our island roads at 15 miles per hour over the speed limit, and anything that gets in their way or slows them down should be banned. The solution to this habitual complaining is not GREAT-44. The solution is for local residents to appreciate the value we receive from these visitors who are contributing thousands of dollars to our local economy when they visit here for a week. Many of these residents who are complaining were once tourists here themselves who decided to move to Maui. They, of all people, should be willing to share the road.

    These rules would result in dozens of job lost in bike tours, and would have a ripple effect to related businesses and even more unemployment.

    Mahalo

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    Guest User about 3 years ago

    This proposed ordinance is anti-small business and tourism.

    The biking tour industry has been part of upcountry Maui for over 40 years. Riders get to enjoy parts of Maui that they would normally never visit. They shop at stores and eat at local restaurants. The people who work for the bike company’s live in this community. This isn’t some nameless corporation that take money from the island. The these are our neighbors.
    This ordinance says they want to make the tours safer. It doesn’t address any safety issues. Dropping the number of tours doesn’t make it safer. It seeks to limit the amount of people to the point that companies can’t operate. It wants to give cars the ability to race down the mountain. The addition of extra guides and insurance requirement don’t help make the ride safer just increase cost.

    The county has spent hundreds of thousand on a study of the bike industry. They were told what to do back in 2010. It was to install pull out, bike lanes or even better yet slow traffic down with speed bumps. This improvement wouldn’t just make the roads safer for tour groups but for all users. The county has spent millions make bike paths for Paia, Wailea and Lahaina. When it comes to the up-county roads they are suddenly absent. They want to make the island a better place for biking, just not upcountry. The problem with biking up county isn’t a safety issue. The problem is a traffic issue. A biker going 20 mph a isn’t a problem, it’s the car driving 45 mph in a 30mph zone.

    Bike industry leaders have continued to make the tour safer and continue to show respect to our upcountry neighbors. We would be happy to work with the county to make solutions that work for everybody. If they would only work with tour operators not just trying to get rid of bike them.
    Jeremy Hall
    CEO/Owner
    Bike Maui

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    Guest User about 3 years ago

    Hello
    I’m Chef at Pakamon Thai Foodtruck. Come to try Authentic Thai Food in Makawao. Call us 808-500-2311

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    Great Committee about 3 years ago

    Testimonies received from Great Committee.

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    Guest User about 3 years ago

    I am a frequent visitor to Maui. We always do the bike ride

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    Guest User about 3 years ago

    Mankind's greatest issue is climate change. This proposal will effectively remove tourists from bicycles and put them back in cars if they plan to visit upcountry. What happened to Maui's commitment to resolution 14-128? How does this new proposal help meet Maui county's goals detailed in the 2030 Master Bike Plan? If this new proposal was actually about bike safety, why does it only limit tour companies abilities to operate? How about we actually address bike safety by adding safe turnouts for cyclists and more speed humps to discourage speeding?

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    Kai Duponte about 3 years ago

    Please limit these tours. They take over the roads, keeping residents from getting to the activities that are crucial to our daily life. The tourists who participate in these block up already dangerous roads due to there being no bike lane. Some of them are not experienced bicyclists and some just think that they are entitled to the road. Either way, they remind us that leaders are putting the desires of people wanting to make a profit on tourism over the needs of residents who are just trying to live our lives. Most residents do not depend on tourism and should not have to suffer the consequences because of those making a profit from the industry. Mahalo for initiating this bill!

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    Guest User about 3 years ago

    My name is Jan Roberson. I’m a 47 year Maui resident and 6 year Kula resident, and owner of Maui Stargazing, a sunset and stargazing tour company permitted for Haleakala National Park.
    I see the problem with the bike tours as a fault of the state for failing to install bike lanes and turn outs along the routes.
    I believe the popular bike tours generate tax revenues that should pay for the needed infrastructure to ensure the safety of the participants and mitigate the anger of residents commuting to work.
    Let’s be sensible and find a workable solution rather than harm the businesses in order to protect the cyclists.
    Please don’t act prematurely and end up harming our small businesses and overall economy.
    Mahalo
    Jan Roberson, MPA
    Maui Stargazing LLC

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    Guest User about 3 years ago

    Instead of hurting small businesses further than they have been already hurt, why doesn't the county take responsibility and make the roads safer by installing bike lanes. The majority of complaints from local residents is because the bikers are on the roadway, because there are no bike lanes. I think this is where the county takes responsibility not the small businesses.

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    Guest User about 3 years ago

    This is concerning the great 44 new regulation my name is Tim Hayes I have been riding bikes down Haleakala for 30 years we do as much as we can to get the traffic around as quickly as possible it is the main emphasis of my tours this is a wonderful Green tour I have raised a family I have put kids through school I've been able to make a decent living on Maui the amount of money that is spent in up country towns and restaurants from our clients has to be in the millions. These tours provide a way for visitors to experience Maui like they never have before the difference in temperature Haleakala summit different foliage and aromas coming down they would never experience this in a rental car. I have noticed since the pandemic that a lot of people on Maui are very uptight and are almost demanding that they be allowed to speed that is where the danger is. In the 30 years I've been leading back to her as I have never once been involved in an accident with the motor vehicle hitting any of our clients. To point blank pass this great 44 would ruin lots of people's lives I am open to negotiation but this bill as it stands is Draconian. Isn't tourism the number one industry on the islands why would you want to stop something that feeds so many families store owners and provides a living for a lot of people to me it's very sad. We are not here to ruin your day thank you very much Tim Hayes Haleakala echo tours

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    Guest User about 3 years ago

    Re: Public Testimony GREAT Committee-36, November 16, 2021.

    👍👍👍

    Jeffrey C. Paisner
    Sent from my iPhone

    > On Nov 15, 2021, at 11:00 AM, John and Christel Blumer-Buell <blubu@hawaii.rr.com> wrote:

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    Guest User about 3 years ago

    Bike Tours

    Committee,
    I write to you with great concern over the current litigation concerning bike tours on Maui. As we return back to normal and attempt to regain our island economy we should take care to not hinder services that cater to our islands main industry of tourism. Often a highlight to vacationers, island bike tours allow great opportunities for our visitors to experience our island from outside of the confines of a car or bus. In these struggling times we should be standing behind the companies that create experiences and employ our local families. Let us consider the over all health and security of our local people and island economy .
    Sincerely,
    Molly Altaha

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    Guest User about 3 years ago

    GREAT-44 threatens our company and the life of the bike companies as it is written. Please let us help make some changes!

    Aloha Mayor Victorino, Council Chair Mike Molina and Maui County Council Members
    Background Info
    My name is Troy Tanga. I live on East Kuiaha Street in Haiku, with my wife Kelley and our children Ashley and Tyler. It has been my families blessing to be included as a part of the Maui community for the last 31 years and to still call it home today.

    I came to Maui in 1989 with a dream of starting a small local business called Mountain Riders. I got married, attended Kings Cathedral, raised our kids who were born at Maui Memorial and attend the local schools upcountry.

    Mahalo for the opportunity to testify today in support of Maui County working together with the licensed bike companies to enhance safety and help alleviate any litigation concerns.
    Downhill bike tours have been a part of the Maui visitor scene for the last 40 years. The Haleakala tour is known worldwide and attracts visitors from all over.

    Our company Mountain Riders has been operating as a licensed bike tour operator on Maui since 1992. We have our county license, a P.U.C number, $3,000,000 in insurance and operate out of a commercial location 886 Hailiimaile Ave. Makawao. We are the longest serving bike company on Maui and a current stakeholder in the bike tour process. I am hoping to be a part of the Maui bike community until the good Lord calls me home.

    The fact is GREAT-44 threatens our company and the life of the bike companies as it is written.
    If this new proposal goes through, we would then be shut down, out of work, forced to layoff people and in serious financial trouble. We signed a 3-year lease with Maui Land and Pine, have equipment liabilities etc. and have committed to many other long-term obligations associated with the business.We believe there's a way to work with the community to make some changes as well as continue with the viability of our businesses.



    Financial Contributions/Consequences
    Hawaii residents own 98% of Maui in-destination experiences; the profits stay within the county in which they reside. Unlike some of the other visitor related businesses, which are national chains or global travel agencies.
    The visitor industry brought in over $4.6 Billion for the state of Hawai'i and employed more than 50,000 workers in 2019.
    Maui Bike Tours employ over 200 people directly with another 300-500 people associated with other businesses. Most of our employees are local with a large percentage being of Hawaiian heritage. The bike tour companies are responsible for a significant amount of local taxes.
    Some Facts
    Mountain Riders Bike tours decided years ago along with the Makawao Community Association to load up our bikes before the town and drive the bikers to Makawao to alleviate traffic. We work with Polli’s Restaurant to park our vans and trailers and let our guests shop and dine in Makawao.
    Our company has been mostly guided bike tours for the last 31 years. We currently only do sunrise tours on Sundays and Mondays. On the other days our tours operate after 8:00am heading up the mountain.

    All Tours Average Daily biker count
    Bike Maui 80-120
    Mountain Riders 24-48
    Maui Sunriders 28-42
    Easy Riders 8
    Maui Bombers 12
    60% of the downhill traffic goes down to haiku, 40% to Paia

    Daily Traffic down
    2002-2007 riders per day 400, 2019 riders per day 220-240, 2021 riders per day 160-180 (on a busy day). Accidents and rider traffic are down significantly from prior years


    Proposed Changes and possible Solutions
    Prohibiting Unguided
    We agree the self-guided tours have gotten a little busier. Although the numbers are still at their lowest. However, banning them seems way too strict or archaic with far reaching implication (someone wanting to rent a bike in Lahaina for example etc).
    We believe there can be more improvements on all the bike companies’ behalf (spacing, timing of departures, better instructions. We also believe this a great time for the county to be working with the state and fed governments on roadway pullouts and passing zones
    Issue Bike Tour Congestion
    2. Six Tours Each Day – Eight Customers and two guides, between 9 am and 1 pm (4 hours), each company is allowed only one tour per two hours. These capacity settings equate to an individual Company conducting two times per day (provided their competitors have not booked the available open slots).
    Possible solutions
    Times could be moved back to 8-8:30,
    Groups could travel 5 min apart or approx. 2 miles between each.
    60 people is too small, 400 too large,
    160 people per day from 8-4p is only 20 riders per hour
    Fees to assist with roadway improvements

    “The fact is GREAT-44 threatens the life of these companies as written”.
    The costs of running a legal business have skyrocketed. We do not believe this to be a viable model! The expenses of a lease, insurance, vehicle insurance, gas, employee payroll, medical etc. exceed the available revenue for each company at those numbers.
    If it is your desire to put us out of business, please say so. Also, If that is going to be the case please give us enough time to make a change like 12 months. Some of us are financially committed need time
    We also believe the proposed "ordinance changes" will have an opposite effect on safety. People will be unsupervised and begin to seek out "on their own" unsupervised alternatives not affiliated with a legally permitted bike tour company.
    We believe we can accommodate the local population first and partner with them instead of opposing them We would like to see Maui facilitate uniting all bike enthusiast businesses to adhere to best practices. Build turnouts along the most popular routes etc.
    The county and bike companies can work with the DOT's Bicycle and Pedestrian Planning Program https://highways.hidot.hawaii.gov/stories/s/h4ss-c6xy).and accommodate this demand. Their plan includes building separate bike paths away from the roads. Study and visit places like Amsterdam or Portland, Oregon, where bicycle riding has infrastructure support.
    Thank you for your time and ear! Aloha and Mahalo

    Sincerely
    Troy Tanga
    Proudly Associated with
    These Fine Establishments
    Mountain Riders Bike Tours
    Highland Farms California

    Cell: 808 283-7333
    Email: troy.tanga@gmail.com

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    Guest User about 3 years ago

    GREAT-44 Bicycle Tour Comments

    I would like the following language added to this ordinance:

    "No bike tour may use county or state public parking for their customers, employees, tour vans or trailers. Applications must include the physical address of employee and customer parking and the number of parking stalls available for these uses"

    Thank you for addressing this very important topic. Bike tours need stringent regulation and limits because they are using public resources for their personal and business gains. Furthermore, they appear to be very unsafe as Maui does not have resources to accommodate this type of activity (wide roads, bike lanes, multiple lanes, passing lanes).

    A business "good for the economy" should not put stress on pubic resources or living beings. Residents should not have to file complaints. I have personally complained about bike tours using Paia beach and public parking for their customers in lieu of providing their own parking.

    Thank you,
    Marcy and Dan Martin
    Paia

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    Guest User about 3 years ago

    This ordnance is anti small business. Its over reaching and its not regulation but trying to make it impossible to operate.

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    Guest User about 3 years ago

    Baldwin Avenue as a bike path.

    Aloha.
    I have live in Paia for 44 years in the same place. I have traveled Baldwin Avenue a lot. Every time I encounter a bicycle rider I don't feel safe for me or the rider. Currently the road is to narrow and curvy to safely support bicycles and cars. Any given moment on a curve, the road having to support two cars and maybe two bicycles clearly show the road is to small. Even two cars and a bicycle is too narrow. Until this safety issue is cleared up, bicycle riders should be band from using these narrow roads for all bicycle activity. Having these bicycles on this road is just to dangerous.
    Mahalo for your time.
    David Farrington
    76 Hana Highway
    Paia

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    Guest User about 3 years ago

    Regulating Bike Tours

    Thank you for allowing testimony on this matter. My name is Guillem Molinas and I live in the Paia-Haiku area. My daughter attends Kalama Intermediate and I drive this area every day.

    Personally, I do not believe bike tours, guided or unguided, have a place on the roads. These bikes are not registered and do not contribute taxes to the maintenance of the roadways. There is no space on these roads for bikes and vehicles to coexist. In my experience, bicyclists must be able to pedal a minimum speed of, for example, 20 mph, in order to act as a vehicle on the roadway. The tourists, whether guided or unguided, are slow and inhibit the flow of traffic on the roads.

    The unguided tours are more dangerous - one time, a woman lost control of her bike in the gulch area of Makawao Avenue, and fell over on her bike. I was driving slowly and was able to stop in time, but this is really dangerous. The bikers are ill-equipped to be on the roadway. In my experience you must have a license and understand the rules of driving to be on the roadway. With these tours, there are no rules or expectations. The tour companies collect their fees and accept anyone. Further, the helmets that are used block the peripheral vision of the rider. On a motorcycle, the mirrors allow you to see what is happening on either side and behind you. For these bicyclists, they can only see what is directly in front of them unless they turn their head to look to the side. This is so dangerous.

    I am really opposed to bike tours and support any regulation that will result in safer roadways.

    Regards,
    Guillem

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    Guest User about 3 years ago

    Bike Tours - Govt Relations, Ethics & Transparency Committee - 11/16/21

    Aloha County Council members;
    Mahalo for allowing written testimony on the subject of regulating bike tours. My name is Nicole Hokoana and I am submitting personal testimony. I live in the Paia-Haiku area and work off Baldwin Avenue. I have attending child at Kalama Intermediate, and therefore, drive the Baldwin Avenue -Haliimaile - Haleakala route; and the Kokomo -Makawao Avenue route frequently.

    I would really like to see more regulation of the bike tour businesses. Aside from the nuisance caused by the bike tours, my real concern is for the safety of the riders. From what I have observed, the unguided tours, especially, are unsafe. The proposed rules would seem to address the concerns that I have, so I will comment on how these rules will impact the safety of the business as I see it.

    Proposed Rules:
    • Prohibiting unguided commercial bicycle tours. This is really important. I see family units, including children about 8-10 years+, uncertain of where they are headed and separated by traffic. It is so dangerous. One day, as I drove along Haliimaile, from Baldwin Ave to Haleakala Hwy, I observed a family of 3 navigating the gulch area that has no shoulder or space and is dangerous due to speeding and potential to cross the centerline. A mother was in the front, her 10 year old in the middle, and dad was much farther back. They were separated; luckily I saw dad on the shoulder early on, so I proceeded slowly, then saw the son, and finally, after navigating around the son who was peddling downward in the gulch area, I spotted mom at the top of the hill where she was waiting for son and dad to catch up with her (where the road begins to flatten out - by the neighborhood). There was no car behind me, so I rolled down my window and I scolded her. I told her that the road is unsafe and that I would NEVER allow my kids to bicycle on this road. She remarked that this is where the tour company said to come. I barked a response, shook my head and moved on. Crazy recommendation from the tour company in my opinion. I have also seen people lost on Kokomo Road, uncertain about whether to continue towards Kaupakalua Road or turn left on Kokomo. Unguided tours leave the tourists to fend for themselves in an unknown place that can be difficult to bike if you are out of shape; they are at increased risk due to the conditions of the roads that were not intended to accommodate bikers, let alone inexperienced bikers.
    • Tours may only operate between 9:00 a.m. and 1:00 p.m. Yes please. Parents are always rushing to get their kids to school on time. There are school buses, traffic, and people are easily frustrated. Limiting tour times reduces the conflict that can occur between tour companies, tourists and residents.
    • Tour companies may only operate one guided bicycle tour per two hours in the community plan areas. I agree with this.
    • Only six tour companies are allowed to operate in the community plan areas. More regulation so that it is not a free-for-all is smarter, and will likely result in increased compliance by the limited tour companies that secure the permit to operate.
    Mahalo for allowing this testimony. My number is 808-269-8653 if more information or testimony in support of regulation is needed.

    Nicole Hokoana

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    Guest User about 3 years ago

    Upcountry bike tours

    Aloha,
    As a homeowner and resident in Haiku for 37 years I strongly oppose all bike tours on our roads. I have seen the excessive increase in traffic on our dangerous roads with no shoulder. Coming down from Makawao and on Kokomo to Haiku is particularly unsafe for both the bike riders and drivers.
    Many bike riders appear to be inexperienced with no guide. And there are too many of them. I am sick of tourists everywhere in our neighborhoods. Too much already.

    Thank you.

    Shiela Kawaiaea

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    Guest User about 3 years ago

    Bicycle Tours

    Just wanted to let you know that I’m on board for the upcoming proposed changes to the biking industry. As you may or may not know, I already am in compliance with most of the changes already. The only thing I am not in compliance with is that I do offer my clients unguided tours as well as guided. The unguided makes up about 25% of my bookings and I only offer the unguided as a business decision to remain competitive with the larger companies. I’d much rather eliminate unguided all together. Also, I personally guide each tour myself, ensuring the safety of my clients as well as being as courteous as possible to the local traffic. Our tours also include lunch at Makawao Garden Cafe. Yes, we do things differently. Hope to have you join us sometime!!

    Thanks!
    Matthew Domenichini