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Home My WebLink AboutBIL 226 Draft 01 2018-2020 FC-44 November 17, 2020 Bill 225: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the American Job Center—One Stop Program Income account($150,000); and appropriates the same to the American Job Center—One Stop account. Funds would be used to pay for expenditures related to the Workforce Innovation and Opportunity Act American Job Center. Reference: Comm. 1151 Intr. by: Ms. David(B/R) RECOMMENDED PASSAGE ON FIRST READING: Ayes: Committee Members Chung, Eoff, Kanealii-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair David— 8. Noes: None. Absent: Committee Member Richards— 1. Excused: None. Bill 226: PROVIDES FOR THE ESTABLISHMENT OF THE COUNTY OF HAWAII DOWNTOWN HILO BUSINESS IMPROVEMENT DISTRICT NO. 2, AS AUTHORIZED BY CHAPTER 35 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUSINESS IMPROVEMENT DISTRICTS Establishes a Business Improvement District to finance certain infrastructure improvements and to supplement public safety, sanitation, transportation and landscaping services in the Downtown Hilo area. The Proposed Improvement District would apply to 196 parcels and assessed at $500 per parcel each year. Reference: Comm. 1152 Intr. by: Mr. Chung POSTPONED TO THE CALL OF THE CHAIR: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair David— 8. Noes: None. Absent: Committee Member Richards — 1. Excused: None. ADJOURNMENT— 11:11 a.m. Page 5 (7) Tax key numbers issued for parcels of land within the District boundary that result from future consolidation, resubdivision, and/or condominium property regimes, shall be deemed included within the District; (8) Supplemental services and improvements to be provided and financed by the District through the District Association are: (A) Services to enhance public safety, landscaping, and enhanced sanitation services through the hiring of Clean Sweep Crews; (B) Marketing services including special events to encourage the public's use of the District and to introduce the public to the changes being made; (C) Construction and installation of landscaping, lighting, pedestrian pathways and surfaces, kiosks or other structures for marketing and special events, wayfinding and signage to enhance the movement, convenience, and enjoyment of the public, and other improvements recommended in the Downtown Hilo Multimodal Master Plan; (D) Transportation services such as a shuttle system; and (E) Construction and installation of appropriate parking technology as approved by the Department of Public Works, in lieu of parking meters described in sections 24-214 to 24-217, Hawai`i County Code, to manage parking within County rights-of-way and County parking lots within the District. In the District's first operating year, it is proposed that approximately $80,000 will be expended for the supplemental services and improvements; (9) No bonds will be issued to finance the supplemental improvements in the District at this time; (10) Incidental expenses to be paid from special assessments shall include the County's administrative expenses directly incurred in the collection of assessments pursuant to sections 35-23 and 35-25, Hawai`i County Code; the District Association's costs including administration, legal fees, accounting, management, office space, office equipment, office supplies, and insurance; and reimbursement of expenses incidental to the creation of the District. It is proposed that an additional $10,000 will be incurred as incidental expenses; (11) Establishment of a service area within the District is not being proposed at this time; (12) The rate and method of apportionment pursuant to which the first year's special assessment is to be levied is as follows: (A) Parcels of land within the District will be assessed the rate of$500 per parcel; (B) The following parcels of land shall not be levied special assessments: 2 (i) Parcels of land owned by the United States, the State of Hawai`i, and the County of Hawai`i; provided, however, that property and leases of government property subject to real property taxation under sections 19-84, 19-85, and 19-86, Hawai`i County Code, shall be assessed under this District Plan. (ii) Parcels of land that are exempt from the payment of real property taxes under section 19-77, Hawai`i County Code, because of use for charitable purposes, but only so long as such parcels are exempt from the payment of real property taxes. (iii) Parcels of land that are exempt from the payment of real property taxes as set forth in chapter 239, Hawai`i Revised Statutes, but only so long as such parcels are exempt from the payment of real property taxes. Pursuant to section 35-20, Hawai`i County Code, the Council's determination of the reasonableness of the rate and method of apportionment shall be final and conclusive; and (13) All supplemental improvements within the District shall receive appropriate permits and approvals. The Department of Public Works shall review any preliminary plans for any supplemental improvements proposed on County land or within any County right-of-way. SECTION 3. District Board Report. Prior to the commencement of the second and each subsequent assessment year, the District Board shall prepare and submit an annual report to the Council that shall include a statement of operations, a financial report for the previous year, the anticipated surplus or deficit from the preceding assessment year, and any proposed new rate or method of assessment for the next assessment year. This report shall be due by the thirtieth day preceding the commencement of the next assessment year. SECTION 4. Business Improvement District No. 2 Fund; Report. The Director of Finance shall deposit all moneys collected pursuant to the district assessment in an account for the District in the "Business Improvement District No. 2 Fund" and shall prepare and submit a report to the District Board and the Council summarizing the following: (1) Assessments collected or that remain unpaid by parcel of land and landowner; (2) The amount of interest and penalties collected; (3) The amount of moneys paid out for District purposes; and (4) The amount of administrative expenses directly incurred in the collection of assessments which were deducted from the amounts collected. The report shall be submitted to the District Board and the Council prior to a date set pursuant to written agreement between the District Board and the County. 3 SECTION 5. Amendments to Ordinance. This ordinance shall not be amended except pursuant to chapter 35, article 4, Hawaii County Code. SECTION 6. The revisor of ordinances shall insert an annex at the end of chapter 35, Hawaii County Code, that lists "The County of Hawaii Downtown Hilo Business Improvement District No. 2" and ordinance number established by this ordinance. This annex shall not be deemed to be part of the chapter. SECTION 7. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 8. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COOF HAWAII Hawaii Date of Introduction: Date of Hearing: Date of I st Reading: Date of 2nd Reading: Effective Date: PUIRENCE CoiTim, 1152 4