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HomeMy WebLinkAboutHecht, Debbie Tsuneda, Kaci From:Debbie H <hecht.deb@gmail.com> Sent:Monday, July 20, 2026 3:11 PM To:Council Testimony; Inaba, Holeka; Kanealii-Kleinfelder, Matt; Kierkiewicz, Ashley; Galimba, Michelle M.; Kagiwada, Jennifer; Kekai, Malia; Kimball, Heather; Onishi, Dennis; Villegas, Rebecca; Nakagawa, Diane; Hustace, James Subject:Bill 165- Oppose- vote NO or amend with safeguards in the charter Aloha council members and Department of Finance Director Nakagawa and Deputy Director Kekai, Many of the safeguards that assure that the non-profits that care for PONC will have funding have been lost in the charter via Bill 165, the only gain was the $3 million dollar cap was removed. Please vote no or amend Bill 165! The only goal for the Maintenance fund is to make sure the nonprofits are funded so they can care for the PONC lands. The PONC lands are part of the county in perpetuity, and the maintenance Fund needs to be protected in perpetuity. We must take a long view to assure the nonprofits are funded and the wonderful kuleana communities that have emerged can last. At least 3 important safeguards must be in the charter- 1. the process framework, the application is submitted to the commission with input from finance, to the council at least once per year, the council passes a resolution to fund which goes to finance to fund 2. yearly deposits as ¼% of property taxes to the fund 3. more detail on expenditures and deposits to the fund- who received it, the purpose, what was the amount, when was it received with a historical record on the website and a detailed record going forward. Right now, you can only see information back to January of 2026. This information is needed to watchdog how our taxes are being spent. These are needed safeguards that protect the maintenance fund and remember the charter can only be changed by a vote of the people after 3 readings at council OR by a petition initiative- which we did in 2006. Vote NO or amend. The major stumbling block is what should go in the charter and what should go in the code. We all agree that framework should be in the charter and details in the code. I realized that several of you were in your late teens and early 20s, or not on the island when we collected signatures on a petition initiative to get this on the ballot, so you might not understand why this is important and why we are so adamant about things being in the charter. BACKSTORY TO THE 2% LAND FUND PROGRAM and the MAINTENANCE FUND: We collected signatures on a petition initiative to get this on the ballot, at least half of the council was in their 20s in 2005. We only needed 4,148 signatures, we got almost 9,600, but County Clerk Kiriu and Corp counsel Lincoln Ashida, disqualified approximately 6,000 signatures, for reasons like no year (we collected from April to September), ditto marks under the address for a husband and wife, the omission of Ave, street or place, so we didn’t have enough signatures to get it on the ballot. Remember they were both appointed by Mayor Kim who was firmly against any set asides in the county budget, There were debates in the press about this and radio shows too. It was a big deal 1 and a grassroots homegrown, with homemade signs. The county council decided to put it on the ballot anyway and then 63% of people voted for it. This just put the PONC acquisition fund in the county code. Then in 2008-2010 Mayor Kenoi and the council suspended deposits to the fund for 2 years. I was on the commission at that time, and we had no money to spend, it was pretty upsetting with all the time and effort that went into this, which is why we wrote all of the charter amendments. MAINTENANCE FUND HISTORY- In 2006, when we asked Parks and Rec if they would take care of these lands in 2006 they said, "No, we don't have the manpower." We heard over and over, "Why acquire more property, when we cannot take care of what we have?" The need was identified for maintenance, and the Maintenance Fund was on the ballot in 2012. During the 2020 Charter commission term, I called every one of the non-profits who had received funding. From the year 2013 to 2018- only 9% of the monies in the fund went to the non- profits. I worked with Sally Rice and the charter commission over their 1-year term to perfect the language that is now in the Hawaii County Charter. For more information on the Successes of the 2% Land Fund program go to: www.debbiehecht.com PLEASE AMEND or VOTE NO! here’s why: - No Deposit Timeline: There is no requirement for when deposits must be made; it is entirely at the discretion of the Director of Finance (Mayor’s appointee). YEARLY should be added, otherwise, we would have to attend budget hearings each year to ensure the Maintenance Fund is included. IMPACT: Nonprofits that handle property maintenance may not receive funding and collapse without the money to care for these lands. The wonderful communities built around these properties could collapse. Too much power to the executive branch. - No Process Framework: There is no established broad-brush process. Are applications processed annually? This process needs to be in the charter with details in the code. Applications go to the PONC Commission with input from the Director, then to the Council, and after a resolution is approved to the Director of Finance to fund. IMPACT: No mention of the PONC commission (citizen oversight), cuts citizen oversight and gives too much power to the Director of Finance/ executive branch. It could also end up that the non-profits will have to attend budget hearings and beg for funding each year which politicizes the process and opens the way to payback of political favors. - No Citizen Oversight: There is insufficient information in the charter so citizens can watchdog how our property tax money is being spent. The PONC Commission is not mentioned anywhere in the Bill 165 legislation. IMPACT: For transparency, more detail is needed when deposits are made, the amount and when expenditures are made, who received the funds, how much, what it was for- purpose, when it was received and a historical record from 2013 to today and going forward so the viability of the Maintenance Fund can be periodically assessed. After removing ramsayered and adding in underlined parts here is what we have for Bill 165 Proposed amendments in RED Hawaii County Charter Article X, Section 10-16. Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. (a) There is established a public access, open space, and natural resources preservation maintenance fund, into which shall be deposited each year: (1) One quarter of one percent of all real property tax revenue, including interest and petalites: (2) All proceeds from the sale of general obligation bonds authorized and issued for the purpose of this section and (3) Other appropriations made by the council to the fund. 2 (b) The purpose of the fund is to support and promote the stewardship, preservation, restoration, public safety and maintenance of these lands, interests in lands and easements acquired through the public access, open space and natural resources preservation fund. (c ) the director of finance shall manage the administration and use of the maintenance fund in accordance with the provisions of this section as may be further provided by ordinance. (d ) Applications shall be submitted yearly to the PONC commission. The commission shall hear from applicants, do site visits and hear input from the Finance Department. Their list of approvals will be passed to the county council and if approved to the Director of Finance for funding. (e) Accounting for the maintenance fund; interest bearing accounts; reporting by the department of finance. (1) all moneys in the maintenance fund shall be deposited in interest bearing accounts until needed. Any interest shall accrue to the maintenance fund. (2) Moneys in the maintenance fund shall be identified separately for: (A) Funding received from the real property tax revenue, including interest and penalties; and (B)Funding received from grants and provide contributions, and any other source of revenue and its Interest earned. (3)Financial statements shall be posted each month on the public access, open space and natural resources. Fund website and shall include a historical record of all deposits and expenditures with details including who received the grant, for what property, the purpose of the grant and the date funded. (e ) All expenses, grant award, and other used of the maintenance fund shall align with the purpose of the fund As may be further described, specified or allowed by ordinance. (f) the director of finance may shall award grants from the maintenance fund to 501(c ) 3 non-profit organizations, subject to the approval of the council by resolution NOTE: This must be shall otherwise too much power is in the executive branch to pick and choose favorites or political payback in a corrupt administration. Take the long view, not just the present administration who is doing a great job. Whether a code amendment is brought forward or not, it doesn’t matter, these major protections must remain in the charter where they can only be changed by a vote of the people. Right now, if this goes on the ballot, this is a vote NO campaign. With warm aloha, Debbie Hecht, campaign manager for the 2% Land Fund in 2006, 2010,2012 and 2020. (808) 989-3222 3