Council advances charter amendment to preserve and fund open-space stewardship with safeguards

The Hawaii County Council on July 8 amended and approved a charter change aimed at strengthening long-term funding for public-access and conservation lands while adding guardrails for fiscal flexibility.

Council member Ashley L. Kerkowitz, who sponsored the measure, said the amendment preserves the maintenance fund while giving the council and director of finance the discretion to allocate more than the current baseline if community needs require it. "We need to preserve this program and give our stewards the ability to access the kinds of activities they need to maintain lands," Kerkowitz said during debate.

The amendment—moved on the council floor as communication 9-15.4—retains a 0.25% annual dedication of real-property tax revenue to the fund and eliminates the $3 million cap that previously limited accrual. Finance officials told the council that annual deposits currently average about $1.3 million and that stewardship awards have ranged from roughly $222,000 to $1.4 million a year. "We budgeted $1.8 million for the coming year," Deputy Finance Malia Keikai said, adding that the department plans to spend more on stewardship work and assessments.

Opponents and several longtime program supporters urged caution, saying that some details about how stewardship activities will be administered should remain in the county code and that removing the accrual cap without parallel code safeguards could leave the program vulnerable.

Debbie Hecht, who co-authored the original charter language creating the maintenance fund, urged the council to delay and provide more detail on application processes and oversight. She recommended keeping deposit timing and clarity in the charter or otherwise ensuring the public could monitor deposits and expenditures. Ben Shapiro, program manager for the PONC program, presented a six-year analysis showing the wide variance in annual awards and the need for clearer program management capacity.

Kerkowitz moved the compromise amendment to preserve the baseline while enabling appropriations above that baseline through the council’s budgeting authority. The amendment passed on roll call (7 ayes, 2 no), and Bill 165 as amended passed 2nd reading; sponsors said they will bring companion code language forward so that the ballot summary can note that activities will be further articulated in ordinance. The council discussed ballot-language timelines and said the clerk’s LRB and corporation counsel will prepare the summary and translations as required.

What happens next: Bill 165 will return for a third and final reading and, if approved, will be placed on a future ballot with accompanying summary language. Finance said it will move to contract for property assessments and stewardship planning work in the coming budget cycle.

Sources: Council debate and votes (council floor), testimony from Deputy Finance Malia Keikai and PONC program manager Ben Shapiro, and public testimony from charter proponents and critics.