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5. Should sections 10-15 and 10-16 be revised to streamline and clarify its content? <br />Finding: <br />Hawai`i County's Charter establishes the County's executive, administrative, and <br />legislative structure and organization. Language that goes beyond this framework is <br />typically reserved for inclusion in the County Code or even administrative rules. <br />Sections 10-15 and 10-16 should be revised to align their contents with the function and <br />purpose of the Charter. <br />Recommendation: <br />One committee member proposed replacing sections 10-15 and 10-16 with the following: <br />"Section 10-15. Public Access, Open Space, and Natural Resources <br />Preservation and Maintenance Funds. <br />(a) In adopting each fiscal year's budget and capital program, the council shall <br />appropriate one percent of certified real property tax revenues, 0.75% of <br />which shall be deposited into a fund known as the public access, open <br />space, and natural resources preservation fund and the remaining 0.25% of <br />which shall be deposited into a fund to be called the public access, open <br />space, and natural resources maintenance fund. <br />The Council may by a two-thirds vote suspend this appropriation requirement <br />when: <br />(1) The combined balance of the preservation and maintenance funds <br />exceeds 2% of the annual real property tax revenue of the fiscal year; <br />or <br />(2) The director of finance determines in writing that the suspension of this <br />appropriation is necessary to prevent a reduction in the level of public <br />services. <br />(b) Moneys in the public access, open space, and natural resources <br />preservation fund shall be utilized for purchasing or otherwise acquiring <br />lands or property entitlements for land conservation purposes in Hawai`i <br />County for: <br />(1) Public outdoor recreation and education; <br />(2) Access to beaches and mountains; <br />(3) Preserving historic or culturally important land areas; <br />(4) Protecting natural resources, significant habitats, or ecosystems, <br />including buffer zones; <br />(5) Preserving forests, beaches, coastal areas, areas of natural beauty, <br />and agricultural lands; <br />(6) Protecting watershed lands to preserve water quality and water <br />supply; <br />-11- <br />