HomeMy WebLinkAboutComm No 0021.060 - Testimony - CA-7 - PONC fund and Maintenance fundCounty of Hawaii
Charter Commission
West Hawaii Civic Center
January 25, 2019
Re: Communication 21.55: transmitting CA -7 Draft 2 for First Reading
Aloha Charter Commissioners,
I am writing to express my strong opposition to Communication 21 which would reduce the
amount deposited into the County's PONC Fund, insert a provision by which the PONC Fund
may be suspended if deemed "necessary to prevent a reduction in the level of public services,"
and remove the restrictive covenant that ensures that the PONC Fund remains under the
ownership of the County of Hawaii.
The people of Hawaii have voted repeatedly to support the PONC Fund and its current structure
by a clear majority, and this voting record demonstrates the strong conservation and
environmental ethics of Hawaii's residents and voters.
Unfortunately, CA -7 Draft 2 undermines the intent of the PONC Fund in three key ways. First,
CA -7 Draft 2 proposes to reduce the funding mechanism from 2.25% (including the much-
needed maintenance fund) to 1%, thus significantly reducing the power of the fund to preserve
and protect open space and natural resources that benefit all who live and visit the Big Island.
The fact that the fund has not utilized all of its funds should encourage the Commission to
support the administration of the fund rather than cutting the overall amount. To that end, CA -9
Draft 2 would provide the dedicated staff person to ensure that the fund is used as voters
intended.
Next, CA -7 Draft 2 seeks to insert a provision that would allow the Commission by a 2/3 vote
and/or the director of finance to suspend the fund should either entity determine that the
suspension of the Fund is "necessary to prevent a reduction in the level of public services." This
provision gives the Charter Commission with a 2/3 majority and/or the director of finance
essentially carte blanche to suspend the program with no regulatory oversight or recourse from
the general public. Although all would acknowledge that balancing a budget requires making
tough choices, this provision would allow the suspension of the PONC Fund based upon an
individual's interpretation of what a "reduction in the level of public services" actually means.
In addition, this provision appears to assume that the preservation and protection of our natural
resources for generations to come is, in itself, not one aspect of the many public services that that
county provides for the public.
Finally, CA -7 Draft 2 would eliminate the restrictive covenant that ensures that the lands
acquired stay preserved and protected in perpetuity by the county. This provision stands to
further weaken the PONC Fund by discouraging individuals and organizations from providing
matching funds and by reducing the overall confidence in the fund's ability to fully carry out its
mission to protect and preserve lands in perpetuity. Other mechanisms could be put in place that
would give the county more flexibility while still ensuring that the lands will remain protected.
Comm. No. 21.60
The PONC Fund serves as a source of inspiration to other states and counties. Please take
whatever steps are necessary to both preserve and improve the PONC Fund so that it will
continue to protect pristine legacy lands in Hawaii. Once these special lands are gone, it would
be very difficult to ever get them back again. We're counting on you for your help and guidance
and appreciate your strong support of the PONC Fund now and into the future.
re
Leslie Cole -Brooks
Attorney at Law
P.O. Box 77
Papaaloa, HI. 96780
leslie@cole-brooks.com