HomeMy WebLinkAboutComm No 0053.04 - Testimony - Ballot Language
From:Debbie H
To:Charter Commission
Subject:Re: Ballot Language
Date:Thursday, July 09, 2020 10:34:34 AM
Please verify receipt and forward to all Charter Commissioners. Mahalo
Aloha Charter Commissioners:
Mahalo for your service. I hope that you and your ohana are safe and healthy during these
difficult times. As you know more than 90% of testimony and emails were received from 2%
supporters during your time on the Charter Commission. We have closely followed your
work.
My question is: What is the date that we will receive the sample ballots so that we will know
the Ballot Measure numbers?
My comment on the ballot language and potential voter confusion:
As you also know we proposed paying one staff person to work only on the land fund, but
that amendment was rejected.
Now we are left with the changes to the pay one, two or 10 staff people out of the 2% Land
Fund, which will diminish the purchasing power of the fund and be difficult to monitor. This
remains a challenge to support. The word STAFF is ambiguous.
PROPOSAL #6 (CA-9)
RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND: Shall the Charter
of the County of Hawaii be amended to allow monies in the public
access, open space, and natural resources preservation fund to
pay salary salaries, wages, and benefits for staff dedicated to
supporting the public access, open space, and natural resources
preservation and maintenance funds?
I think the above language is ambiguous and should be changed
as noted for the following reasons:
1)Staff can be plural or singular, so salary should be
changed to salaries in order to be congruent.
2)Is the intent to limit the salary wages and benefits to one
staff person? If so, then the proposed language for the
charter could be a problem and open the County of Hawaii to
lawsuits if more than one person is paid out of the Land
Fund.
Here is the proposed change in the Charter:
Proposal No. 6: RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article X, Section 10-15, of the Hawai‘i County Charter (2018 Edition), is
amended to read as follows:
“Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund.
(a) In adopting each fiscal year’s operating budget, the council shall appropriate a
minimum of two percent of the certified real property tax revenues, including penalty
and interest, to a fund known as the public access, open space, and natural resources
preservation fund. Deposits to the fund shall occur at a minimum, on a quarterly basis.
(b) Funding shall consist of a minimum of two percent of actual revenue received in
the fiscal year. Additional revenue may consist of grants and private contributions
intended for the purpose of this section, voluntary contributions of any amount as
specified on the real property tax bill, proceeds from the sale of general obligation
bonds authorized and issued for the purpose of this section, council appropriations for
the purpose of this section, and any other source of revenue.
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands and easements in the County of
Hawai‘i for public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and
sites;
(C) Protection of natural resources, significant habitat or eco-
systems, including buffer zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty
and agricultural lands; and
(E) Protection of watershed lands to preserve water quality and
water supply.
(2) Pay the principal, interest and premium, if any, due with respect to
bonds issued in whole for the purpose of this fund.
(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.
(d) Any balance remaining in the fund at the end of any fiscal year shall not lapse,
but shall remain in the fund accumulating interest from year to year. The moneys in
this fund shall not be used for any purpose except those listed in this section.
(e)The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
(f)This fund shall be used for acquisition of land and easements and shall not be
used for development, maintenance or for any purpose other than as provided in this
section.
(g)The highest and best use of this fund is to leverage the money in the fund by
attracting matching funds, although, matching funds are not required in every
purchase.
(h)Any land acquired with this fund shall contain the following restrictive covenant
in its recorded deed of conveyance: “This land was acquired with moneys 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.”
(i)Any easement acquired with this fund shall contain the following restrictive
covenant in its recorded deed of conveyance: “This easement was acquired with
moneys 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.”
Section 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai‘i (2020),
the revisor need not include the underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect other
provisions or applications of the charter proposal which can be given effect without the invalid
provision or application, and to this end, the provisions of this charter proposal are declared
to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
Mahalo-
Debbie Hecht, Campaign Coordinator, Save our Lands Citizen's Committee