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<br />THE TRUST FOR PUBLIC LAND’S TESTIMONY IN OPPOSITION TO COMM. <br />NO. 29: TRANSMITTING CA-13, FOR INITIAL APPROVAL; PROPOSAL TO <br />AMEND ARTICLE X BY ADDING A NEW SECTION THAT WOULD PERMIT <br />THE MAYOR TO USE FUNDS IN TIMES OF A DECLARED EMERGENCY <br />FROM ANY SPECIAL FUND OF TE COUNTY, UNLESS PROHIBITED BY <br />STATE LAW, TO PRESERVE THE PEACE, LIFE, PROPERTY, HEALTH OR <br />SAFETY OF THE COUNTY AND ITS INHABITANTS; AS SUBMITTED BY <br />COMMISSIONER LEITHEAD TODD <br />1003 Bishop St. <br />HAWAII COUNTY CHARTER COMMISSION <br />Pauahi Tower, Ste. 740 <br />11:00 A.M., FEBRUARY 8, 2019 <br />Honolulu, HI 96813 <br />25 Aupuni Street, Hilo, Hawaii <br />T: 808.524.8694 <br />Hawaii County Building, Room 1401, Council Chambers <br />F: 808.524.8565 <br />Aloha Chair Adams and Commission Members: <br />The Trust for Public Land opposes initial approval of CA-13. The Trust for Public Land <br />was originally involved in and supported the creation of the Public Access, Open Space, <br />and Natural Resources Preservation (PONC) fund through its 501(c)(4) organization, the <br />Conservation Campaign. The Trust for Public Land thanks the staff of the PONC 2% <br />fund and the volunteers who serve on the PONC Commission for their hard work in <br />advancing the wishes of the voters of Hawaii County who voted for the 2% Fund. <br />CA-13 would allow the Mayor to use special funds in times of emergency and pay back <br />any funds borrowed over a five year period. While we understand that there are <br />emergencies and natural disasters in which the Mayor would like the flexibility to tap <br />special funds like the PONC fund, we recommend that the PONC fund be exempted from <br />this provision. Purchases of land or conservation easements take many years to <br />negotiate, contract, raise funds, complete due diligence, and close. Federal and state <br />matching funding programs have spending deadlines that must be met. Contractual <br />deadlines with landowners must be met. Money is spent on appraisals, environmental <br />surveys, and boundary surveys in advance of closing. Every project involves long-term <br />commitments and obligations that must be met. Allowing the Mayor to raid PONC would <br />be devastating. If acquisition funds were not available when anticipated, landowners <br />would simply walk away, and opportunities for conservation supported by the voters <br />would be lost. <br />Mahalo for this opportunity to testify. Unfortunately, we will not be able to testify in <br />person due to scheduling conflicts. <br />Lea Hong <br />State Director <br />Edmund C. Olson Trust Fellow <br />