HomeMy WebLinkAboutComm No 0035.53 - Testimony - CA-18 - PONC Maintenance fundFrom: Debbie H <hecht.deb@gmail.com>
Sent: Tuesday, July 30, 2019 11:38 AM
To: Charter Commission
Subject: CA -18 and CA -9
Aloha Charter Commissioners -
The County Council UNANIMOUSLY approved the following language on July 24, 2019
that would MODIFY CA -18, it now goes back to you (the Charter Commission) for your
consideration.
WE RESPECTFULLY REQUEST THAT YOU INCORPORATE THIS LANGUAGE INTO CA -18!
[0-)(6) [No officcr, board mcmbcr, or employee of thc 501(c)3 nonprofit organization or the
organization that operates undcr thc umbrella of a 501(c)3 nonprofit organization shall rcccivc
a salary or payment for labor or rcccivc any reimbursement for thc stewardship work on the
project[.] The 501(c)3 nonprofit shall sign an agreement so stating these conditions and
submit it with thc application.] An officer, board member or employee of a 501(c)3 nonprofit
organization or the organization that operates under the umbrella of a 501(c)3 nonprofit
organization may receive compensation for duties that are delineated in the approved
stewardship grant proposal."
WHY WE WANT TO SEE THIS CHANGE: We are trying to strengthen the 2% Land Fund
Program. We want to see more property acquisitions, more matching funds obtained and more non-
profits receive grant money to assist their stewardship efforts for the 2% Lands. What we have
learned from feedback from the non -profits who have applied for grant funding, is that the volunteer
workforce is inconsistent and shows up to help when it is convenient for them. As a result:
1. All of the stewardship groups requested that they be able to pay people to work on the land.
2. Every 2% Land Fund property needs the help of people who are committed to care for the
land. Volunteers are very important, but they burn out and leave because of their
responsibilities to work or family.
3. As these programs grow, volunteer coordinators could be paid to maximize the land
stewardship programs and create school education programs to educate keiki about the land,
its history and culture.
4. The ability to pay dedicated staff would help create jobs in rural, economically depressed areas
of the island & minimize volunteer burnout. Right now the non -profits have to hire outside
contractors to do some of the work
CA -9-- If the current language makes it onto the ballot we will run a
'JUST SAY NO!' CAMPAIGN
PLEASE CHANGE CA -9! This is a golden opportunity to get the 2% Land Fund
Program up and humming! We have proposed to have ONE employee paid out of the
2% Land Fund to work ONLY on the 2% Land Fund Program. Why is this necessary?
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Comm. No. 35.53
1. There is no-one doing the work. The current Property Manager has little time to work
on it. THis is NOT a priority for the Kim administration. We believe it should be, because
63% of people voted for it 3 times.
2. There is $22.5 + million in the 2% Land Fund.
3. There have been 180+ properties proposed for purchase.
4. There are PONC proposed properties for sale, but no properties are getting acquired.
5. Some of these properties and properties in the Top 10 list from PONC will get sold
because there is not one person assigned to do the property transactions.
6. There is $2.5 million in the Maintenance Fund and no grants are being
processed. There is no one doing the work.
What is approved at the Charter Commission right now (3) "Pay for the salary,
wages and benefits of staff dedicated to advancing the Activities contained within this
section and Section 10-16 of this charter."
(3) (OUR PREFERRED LANGUAGE): "Pay for the salary, wages and benefits of one
full-time staff member, employed by the Department of
Finance dedicated only to advancing administering the activities contained within this
section and Section 10-16 of this charter. This is in addition to a staff person provided
in Section 2-215 of the Hawaii County Code."
These are the reasons WHY we don't like the CHARTER COMMISSION'S version. This sounds
okay but there are problems with the AMBIGUOUS LANGUAGE:
1. "STAFF" CAN MEAN ONE OR MANY STAFF PEOPLE
• The existing amendment says "staff" but that is ambiguous. The clause does not
define how many staff members. One, two, ten staff people? We want to make sure
that only ONE staff member's salary is subtracted from the 2% Land Fund so as not to
diminish the money for acquisition.
• Right now there is one staff member provided in the Code to assist the Public
Access and Open Space Commission. This is a necessary position. Our language
says that this staff member will be in addition to the existing staff member. Otherwise
we may be paying for at lease two "STAFF" positions, but potentially more than
that! Salary, wages and benefits would be more than $100,000 per year coming out of
the monies that are right now slated for acquisition.
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Property Management Specialist
2.200
859,616.00 - $08.248.00 Annually
Plans, develops incl directs tl' emanage.,f t co 'id cl' position of Coci ty ow lett fs.tvl arld 1 efsof ni f pc rfo oversees t110901latiOlIS8nd leasing of real
property, establishes and rnaintains a system of r=' tial inventory :oclkeep' 7 and ve,ific,Illi011, and perfolms otl eE related duties as required_
Property Management Technician
1.824
838,220,00 - 558,824.00 Annually
Independently performs avariety of ad nn atr'4 .cnd lae;hr< i..apport y'ery Gr'for tha Property Management Division; see.s as the principal elc'<niyapport
for ': property management conlrnis,ior're<'o'cl, and trans c'b,.mnutes ofn =ingsard he.-gs' serves as the omrrstiors contact post forr1orma and reryuesf...
2. THE IMPORTANCE OF ONE STAFF MEMBER TO WORK ONLY on the 2% Land Fund
program:
• Real estate deals are time sensitive and require willing sellers. Willing sellers want
to be paid as soon as possible because the taxes keep mounting up on property and
they may have a use for the money. It also takes time for the staff people to apply for
matching funds, get appraisals, do surveys and all the due diligence required for
property purchases by governments.
• The Maintenance Fund grants have been granted to only 6 organizations in the 6 -
year existence of the fund. Stewardship groups say the process has been very difficult
and they have had to apply several times before receiving funding. A full time staff
person can assist the non -profits with getting the funding they need to care for the 2%
Lands. The stewardship non-profit groups have received only 9% of all the money
deposited in the Maintenance Fund from 2013.
3. STAFF MEMBER TO ASSIST THE PONC COMMISSION -It's important to ALSO have the
staff member assist the commission so that the Land Specialist so that the Land Specialist
time can be spent with the above duties and not with commission agendas, submissions for
land acquisitions and work with the non -profits paperwork.
QUICK HISTORY OF THE LEGISLATION FROM 2005 to 2018:
1. Where did the 2% amount come from? In 2004 and early 2005 Sammie Stanbro-Olson
donated money to the Trust for Public Lands (TPL) for a survey of Hawaii County residents to ask
if they would approve a 1% or 2% Land Fund as a ballot measure. A large majority of residents
said they would want a 2% Land Fund because land is so expensive on the Big Island.
2. The Save Our Lands Citizen's Committee Petition Initiative drive collected 9,600 signatures
from April to July of 2006. This was during Harry Kim's first term. Mayor Kim was adamantly
against setting aside 2% of property taxes for land acquisition, even though this is only 1.5% of
the total income for the County. County Clerk Connie Kiriu and County Counsel Lincoln Ashida
disqualified almost 6,000 signatures for leaving off PI, St. or Rd, or if husband and wife used ditto
marks for their address when signing under each other or if the year was left off, (we collected
signatures from May to July so it was only during 2005 which made the year implied and
irrelevant).
3. We needed 4,400 signatures to get the measure on the ballot, but because of the
disqualifications we didn't get enough. The County Council at Chair Stacy Higa's request, decided
to place the 2% ballot measure on the ballot for 2006 anyway.
4. Despite the Corporation Counsel submitting confusing ballot language using double negatives,
the amendment to the Code passed by 63% of voters who voted on the issue and become part of
the Hawaii County Code.
5. In 2008- As the his first piece of legislation, Mayor Kenoi and the County Council suspended
deposits to the Fund for two years. This was possible because the legislation was part of the
Hawaii County Code. The Save Our Lands Citizens' Committee pointed out that there were more
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than 260 funded but unfilled jobs in his budget (costing $14 million), which were then cut, but
Mayor Kenoi failed to reinstate payments to the 2% Land Fund after cutting these budget entries.
6. In 2010, the Charter Commission put the Land Fund on the ballot again, but only as the 1%
Land Fund. Again the Land Fund passed by 63% of voters, who voted on the measure. The Save
Our Lands Committee supported this because it was a charter amendment and could only be
overturned by a vote of the people. We wouldn't have to sit in budget hearings each year.
7. In 2012, to honor all the people who signed the petitions and worked so hard over the years,
we realized we needed to put the 2% Land Fund back on the ballot as a Charter Amendment,
together with a 1/4% Maintenance Fund. We wanted to make sure the Council and Mayor couldn't
stop deposits. A charter amendment can only be undone by a vote of the people. Again, 63% of
voters approved both measures. As part of the 2% Land Fund legislation, every property obtained
with our taxpayer funds shall have a covenant that runs with the land that states: "This property
(or easement) was acquired with money from the Public Access, Open Space and Natural
Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the
people of Hawai'i County and may not be sold, mortgaged, traded or transferred in any way. "This
has already blocked a potential land trade with the State of Hawaii.
8. The Maintenance Fund was clarified in the Hawaii County Code in 2016 to allow the PONC
Commission to review Stewardship Grants and to recommend which grants to approve to the
Director of Finance.
Respectfully submitted- Debbie Hecht, Campaign Coordinator, Save Our Lands Citizens'
Committee. Full Land Fund Report: https://debbiehecht.com/2017/06/03/2-land-fund-report-3-2017/
Contact hecht.deb@u,gmail.com
Debbie Hecht
Website: Ramblings, Thoughts and Theories: www.debbiehecht.com
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