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ADMINISTRATION
<br />§ 2 -214
<br />(5) Two percent of Hawaii County real property tax revenues collected annually (including penalties
<br />and interest). Deposits will be made to the Fund on June 30, 2007 and then again on
<br />December 31, 2007, and on December 31 and June 30, in successive years, with deposits being
<br />calculated on all real property tax payments (including penalties and interest) received in the prior
<br />six months. Additional deposits and adjustments may be made at the discretion of the Finance
<br />Director;
<br />(6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received; and
<br />(7) Notwithstanding (b)(5) of this section, for the period from July 1, 2009 to June 30, 2011, no
<br />payments relating to this section shall be allocated or deposited, provided, however, that all
<br />payments accrued through June 30, 2009 shall be allocated and deposited by July 31, 2009.
<br />(c) The fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the
<br />following purposes:
<br />(1) Public outdoor recreation and education, including access to beaches and mountains;
<br />(2) Preservation of historic or culturally important land areas and sites;
<br />(3) Protection of natural resources, including buffer zones;
<br />(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and
<br />(5) Protection of watershed lands to preserve water quality and water supply.
<br />(2005, Ord. No. 05 -85, sec. 2; Am. 2005, Ord. No. 05 -166, sec. 1; Am. 2006, Ord. No. 06 -151, sec. 1; Am.
<br />2006, Ord. No. 06 -169, sec. 1; Am. 2007, Ord. No. 07 -21, sec. 1; Am. 2009, Ord. No. 09 -66, sec. 2.)
<br />Section 2 -215. Public access, open space, and natural resources preservation commission.
<br />(a) There is established a public access, open space, and natural resources preservation commission. There
<br />shall be nine members on this commission, appointed by the mayor and confirmed by the council. The
<br />members may be removed upon recommendation by the mayor and the approval of the council. One
<br />member shall reside in each County council district. The members shall serve staggered terms of five
<br />years. Upon initial appointment of the commission, one member shall be appointed to a term of one year,
<br />two for a term of two years, two for a term of three years, two for a term of four years, and two for a term
<br />of five years. Staff support shall be provided by the finance department.
<br />(b) No member shall be eligible for a second appointment to the commission prior to the expiration of two
<br />years, provided that members initially appointed for a term of one year and two years shall be eligible to
<br />succeed themselves for an additional term.
<br />(c) No member whose term has expired shall continue to serve on the commission, except that if no
<br />successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a
<br />successor is appointed and confirmed, whichever comes first.
<br />(d) Any vacancy occurring in the commission shall be filled for the unexpired term.
<br />(e) Not more than a bare majority of the members shall belong to the same political party.
<br />(f) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the
<br />performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant
<br />to article 16.
<br />(g) A chairperson shall be elected from its membership annually.
<br />(h) The affirmative vote of a majority of those members present shall be necessary to make any action valid.
<br />(i) The commission shall have the power to establish its rules of procedure necessary for the conduct of its
<br />business, which rules shall contain the time and place of all regular meetings, and which shall specify that
<br />a quorum shall be a majority of the members to which the commission is entitled.
<br />(j) No person shall, by reason of occupation alone, be barred from serving as a member of this commission.
<br />2 -65 SUPP.8 (7 -2009)
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