COMM. 177 Planning Dept - CA-15 Land Fund

Home

Hawai'i County Charter Commission Page 2 January 21, 2010 The existing 2% fund was set up in a time of ever increasing county revenues. We are now faced with decreasing revenues and face the possible loss of the transient accommodations tax revenue in addition to the decrease in real property tax revenues. At the same time the county will be facing increased salaries and wages for police and fire under their collective bargaining agreements and may see increased payments for other expenses. The current fiscal crisis faced by county is the best example of why it is a bad idea to have a mandatory set aside in the Charter. THE PROPOSAL AS DRAFTED IS FLAWED AND NEEDS TO BE AMENDED IF IT IS PLACED ON THE BALLOT In the event that this measure does go forward to be voted upon, I recommend that the language regarding the effective date be changed. The language currently makes the proposal effective upon approval and provides that deposits are to be made on December 10, 2010 and June 30, 2010. Since the election is held in November, such language would impact the budget as approved for fiscal year 2010-2011 when there is no ability to amend the real property tax rates to provide additional revenue for other county functions. Making the amendment effective upon approval will require the administration to cut funding for other departments mid -year and could impact the delivery of services and county operations. I suggest that the effective date be July 2011 so that the county does not have to amend its budget mid -year and can plan for the set-aside of the monies. The proposal changes the nomination process by replacing the mayor with council members as the nominating authority and is inconsistent with the nomination process for all other boards and commissions. It also changes the process for removal of members of the commission and is inconsistent with the process for removal of other members of boards and commissions. The language regarding reimbursement for necessary expenses and per diem "pursuant to article 16" is unnecessary and confusing. Article 16 of the Hawaii County Charter governs transitional provisions and has nothing to do with reimbursements or per diem. The author is probably referencing Article 16 of the Hawaii County Code by mistake instead of Article 13 of the Charter. Much of the language is unnecessary as the appointments and filling of vacancies is covered by Article 13 of the Charter. All of this language could be deleted. The proposal states that "[t]he affirmative vote of a majority of those members present shall be necessary to make any action valid." This language is inconsistent the County Charter which requires a majority vote of the "entire membership to which a board or commission is entitled shall be necessary to make any action valid; except that in the case of a board or commission which has only advisory functions, the affilniative vote of a majority of those present shall be sufficient to make any action valid." Article 13, Hawaii County Charter, Section 92-15, HRS.