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HomeMy WebLinkAboutCOM 0637.000 2000-2002 yY OF J. CURTIS TYLER III Bus: (808) 327-3666 ~1~, ~-~~~e chu;r Fax: (808) 326-697 Dr.clrrcl h/,'4"orlh Ko~rul • ctylerr~ointerpac.net Via: r:_, o.~: _ ~'F.Of •Na'% HAVVAl`1 COUNTY COUNCIL May 2, 2002 - MEMORANDUM TO: James Y. Arakaki, Chair, and C cil M b b~ r FROM: J. Curtis Tyler, III, Vice Chair'' " SUBJECT: Bill for an Ordinance to Amen ha er 12, Hawai ' y~Code, Relating to Improvement Districts Attached for your review, please find a bill to amend Chapter 12 of the Hawaii County Code, relating to Improvement Districts. This bill has been carefully drafted in consultation with the Finance Department, Planning Department, Department of Water Supply, Office of the Corporation Counsel and the Legislative Auditor's Office. Additional statutory review and recommended language were furnished by the County's bond counsel attorneys, Brian Hirai and Andrew Char of McCorriston Miller Mukai MacKinnon LLP. Broadly, the purpose of these amendments is to enhance the simplicity and clarity of Chapter 12, thereby enabling the Council, county departments, and the public to better utilize the improvement district process to equitably finance essential and needed infrastructure throughout Hawaii County. Historically, improvement districts in Hawaii County primarily have been initiated by developers and have not required the widespread understanding and concurrence of assessed property owners. However, I will soon be introducing along-sought resolution for aCouncil-initiated improvement district for the installation of a dedicable water delivery system for over 400 homeowners in the Kona Wonderview and Kona Coastview subdivisions. The development of this project by the Department of Water Supply, to be supported by a USDA Rural Utilities Service grant/loan allocation from the USDA Rural Development Office, has illuminated the need for clear definitions and reasonable, expeditious procedures in our improvement district ordinance. I am confident that the language and proposals contained herein capably address those concerns. These major amendments address: 1. A clearly understandable definition of an "assessment unit"; 2. Procedural clarity regarding public notice to property owners subject to proposed assessments; 3. Clarification of formal objection to a proposed improvement district and the consideration of e~ ~ ~ objections by the Council; ~ 4. Determination that an apartment or unit of a condominium property regime may be counted as a separate parcel of land for the purpose of levying a special assessment in an improvement district; 1 Kona Council Of3icc: 77-6399Nalani Street • Sl11tQ 104 • Kailua-Fiona • Hawaii • 96740-8980 $ ~(1 ~ 5. Authorization for the director of public works and the department of water supply manager to award contracts in accordance with the state procurement code; 6. Allowance for issuance of a bond to secure a federal loan and the repayment of the principal of such bonds over a period not to exceed 35 years; 7. Elimination of language relating to the award of a contract extending beyond the fiscal year of contract issuance; and 8. Authorization for the director of finance, upon termination of an improvement district, to issue any cash refunds to the property owner(s) of record at the time the director of finance authorizes such refund. I welcome your thoughtful consideration and support for these important amendments. Please feel free to contact me at your convenience if you have any questions. JCT/rf Attachment cc: Mayor Harry Kim William Takaba, Finance Director Michael Okumoto, Treasurer Milton Pavao, Department of Water Supply Manager Roy Takemoto, Deputy Planning Director Connie Kiriu, Legislative Auditor Andrew Char & Brian Hirai, McCorriston Miller Mukai MacKinnon LLP JAMES Y. ARAKAKI ~p`~ AARON S.Y. CHUNG Chairman & Presiding ~cer ~w BOBBY JEAN LEITHEAD-TODD •i LENINGRAD ELARIONOFF J. CURTIS TYLER, III JULIE JACOBSON Vice Chairman - ~;ot~*•` NANCY PISICCHIO •,p~ OF ~yP°p GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawai "i Hawai "i County Building 25 Aupuni Street Nilo, Hawaii 96720 May 7, 2002 Re : Comm. 637 James Y. Arakaki, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Bill No. 2-2.3 A Bill for an Ordinance Amending Chapter 12, Hawaii County Code 1983 (1995 Edition), as Amended, Relating to Improvement Districts Pursuant to Section 1(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Sincerely, Aaron S.Y. Chung, Chair Committee on Finance Ap e Wa' c'j • - ~ Disapproved/Date/Refer to FC: i~ e ~ ak Chair James Y. Arakaki, Chair wai ~ ounty Council Hawaii County Council .