2006-09-11 Public Access, Open Space and Natural Resources Preservation Commission Minutes (Kona Mtg)

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Ms. Hecht asked Ms. Self if she would vote for this with Ms. Self replied no. Ms. Hecht stated she would not vote for it either. Ms. Self stated if it does or doesn't pass, the Council could always amend the ordinance, they could always amend the code. Ms. Hecht stated that was why they went through this exercise of getting all of the signatures, because they hadn't done that. Ms. Self stated she understood the frustration, but as an attorney, if she read that, she would conclude the same thing. Ms. Hecht stated she thought several things were not being taken into account. One is it says, "New material is underlined and stricken. Underlined material is to be deleted is bracketed and stricken." And on the front it says, "To the Hawaii County Council, we request that you amend the County Code and incorporate changes outlined in this Initiative Petition to Amend Chapter 2 Article 42 Open Space Natural Resources Preservation Fund by adding a new clause and deleting an existing one; add and delete." It doesn't say anything about 214 -D. Ms. Self stated that was because it was left out. Ms. Garovoy asked if Lincoln could put the case law out there for the committee to work with. Ms. Garovoy then asked if it was Hawaii State case law or Federal. Ms. Self stated she thought it was Federal. Ms. Garovoy asked what the Commission could do; maybe Debbie could request that the Commission do something specific or ask someone to do something specific in this instance; knowing that the Commission advises the Mayor which is about the extent of the Commission's authority. Ms. Hecht stated a letter from the Commission supporting the 2 % and the intent of the almost 10 thousand people who signed it; not to gut the Ordinance would be helpful. Ms. Hecht stated if you took out 214(d), you take out what the fund was supposed to do; the properties that it was supposed to purchase or property entitlements. What the Commission would be left with would be no funding or criteria for properties to choose. Ms. Self asked Ms. Hecht who drafted it; who left section (d) out. Ms. Hecht stated she didn't want to disclose it because that one person would be blamed forever. Ms. Self wondered if it was a mistake.