COM 0647.008 2002-2004 - Laserfiche WebLink

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For a CFD, 25% or more of the landowners may petition the council. A protest by more than 55% may stop the proceedings, unless the protest is only against a specified type(s) of facilities or specified special tax. 6. Why isn't the district required to be contiguous? When the purpose of the district could be to upgrade services, contiguity of a district may not be necessary. The proposed language allows greater flexibility to make that determination when establishing the district. 7. Must the County require the formation of a board/association to implement the BID? No. §46-80.5, HRS, merely permits the County to provide for a board or association to manage the district. Bill No. 280 anticipates the establishment of a district to be driven by groups or organizations. Requiring board/association involvement and management of district services places responsibility and performance on the organization. It also requires defining the baseline level of County services that are provided, while allowing flexibility when defining the additional district services. We recommend retaining this requirement. If the County wishes to be the conduit or provider in the future, the law can be appropriately amended. 8. Does the B/D board/association have enforcement powers? The BID board/association does not enforce payment of business improvement district assessments. This is still a County responsibility. 9. Section 27: Ilan owner donates a parcel for a park or other purposes, would the County be reyuired to sell the parcel under this section? Yes, the language in Section 27 requires the County to sell a parcel of land that was acquired through a gift. According to City and County of Honolulu Council Services staff, landowners were concerned that other owners would try to avoid the assessment by gifting their property to the City. Since the Hawaii County Council has the sole authority to accept gifts or donations of property, the same concern is not germane. See Recommendation #5. RECOMMENDATIONS iJpon further review of Bill No. 280, we recommend the following: 1. Correct percentages on page 6/Section 13(b) and (c) as they relate to value or number of owners. 3