Comm No 0003.01.18 - Testimony - Ad Hoc - PONC fund and Maintenance fund

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trust forever. Losing the perpetuity clause will dry up these sources of funding, which the great gift of the Land Fund. 2- Selling this lands is a slap in the face to the people who worked through he long process to bring the property to the Commission and to the community groups who labor to care for these parks. The County could be liable for misuse of funds from donors such as US Fish and Wildlife, private donors who did not expect their funding to be reallocated to the Hawaii County General Fund. 3- Why would State Legacy Lands, private donors or US Fish and Wildlife contribute matching funds if they knew the lands could be sold? 4- Maintenance for the 2% Lands is provided in the 1/2% Maintenance fund. The County has been using that money to graze goats, do fencing, and pay for title reports and general upkeep. The intent of the fund was to help the non -profits that proposed these lands and provide stewardship to help build community around these lands. 5- As a matter of fact, the County currently uses Memorandums of Understanding with different organizations to steward and care for these lands such as Ala Kahakai Trail Association, the non -profits in North Kohala and US Fish and Wildlife and Hawaii Volcanoes National Park. Most government agreements are facilitated by MOU. This is common practice and is currently being done by the County. 6- IF this Covenant/ Deed Restriction is erased, any of the lands purchased by 2% Land Fund money can be sold or traded and the money put into the General Fund. 7- Three times citizens voted to set aside this money by 63% of the vote. This is the "Will of the People" and the County government is mandated to set aside and purchase lands suggested by the people, prioritized by the Public Access and Open Space Commission and then directed by Resolution to purchase these lands. This is a Public Trust issue. 8- Why isn't the 2% Land Fund money being spent? Why aren't more properties being acquired? Why aren't more matching funds being solicited? There are still 166 properties that are proposed but not purchased. The County needs to do their job and respect the will of the people who voted 3 times at 63% to approve the Land Fund. A staff person hired by the Department of Finance and paid out of 2% Land Fund monies would strengthen the 2% Land Fund program. PROPOSAL BY THE CHARTER COMMISSION'S AD HOC COMMITTEE: SHOULD SECTION 10-16 TO THE PONC MAINTENANCE FUND BE CHANGED? OUR ADVICE: 1- THE SCOPE of the Maintenance Fund could be expanded to include the Ad Hoc committee's recommendations of toilet facilities, small structures for educational purposes, storage of equipment, roads, trails and paths. We are proposing a charter amendment that changes this part of the Maintenance Fund. 2- With the scope and uses of the Maintenance Fund expanded, THE AMOUNT SHOULD REMAIN THE SAME. If staff were provided as stated above by the 2% Land Fund monies, then more focus would be directed at the intent of the 2% Land Fund and the Maintenance Fund and work would get accomplished with projects and stewardship grants to the non -profits with the Maintenance Fund monies. 3- The administration of the Maintenance Fund should be handled by the Department of Finance. For information on the 2% Land Fund: History, Process and Successes 11.1.2018 go to this site: https://debbiehecht.com/2018/03/09/hawaii-county-and-the-big-islands-2-land-fund-report-3-9-2018/ Debbie Hecht, Save Our Lands Citizen's Committee Campaign Coordinator 2005 to present Please join our email list or for comments: hecht.deb(a�gmail.com 808-989-3222 Comments on Charter Commission's Ad Hoc Committee on 2% Land Fund & Maintenance Fund 4