HomeMy WebLinkAboutCOM 1060.027 2020-2022 County Clerk Deputy County Clerk
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County of Hawal'i
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Of of°the County Clerk
25 Aupuni Street,Suite 1402 ® Hilo,Hawaii 96720
(808)961-8255 Fax(808)961-8912 :7:W r.,�
March 31, 2023 .
Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
RE: Report on Public Hearing and Protest Results —Bill No. 230, Draft 2
Council Chairperson Kimball and Members of the Hawaii County Council:
The Office of the County Clerk submits the following report to outline the actions
undertaken by this Office and provide the protest results, pursuant to Section 35-12 and
Section 35-13 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to the
establishment of a County of Hawaii Downtown Hilo Business Improvement District
(hereinafter "proposed BID").
Initial Notification of Public Hearing and Protest Procedures:
Using the Assessment Roll identified as Exhibit C in Bill No. 230, Draft 2, this Office
consulted the Real Property Tax Division of the Department of Finance to determine the
persons/entities and corresponding mailing addresses for the initial mailout, which
included: a summary of Bill No. 230, Draft 2; the date, time, and place of the public hearing
and how to participate; protest procedures; and protest form.
Accordingly, 421 notices were mailed out on January 20, 2023 (Section 35-12 requires that
notice be provided at least 15 days prior to the public hearing, which was scheduled for
February 7, 2023). See Exhibit A—Notice of Public Hearing/Declaration of Protest form.
The Notice of Public Hearing was published in the retail section of the Hawaii Tribune
Herald and the West Hawaii Today on January 29, 2023 and then in the classified section
of both newspapers on January 31, 2023. See Exhibit B —Affidavits of Publication.
The Notice of Public Hearing was posted on the County Calendar on January 31, 2023,
pursuant to Section 92-7 of the Hawaii Revised Statutes.
On February 7, 2023, the public hearing was convened at 6:00 p.m., as noticed.
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Page 2 of 4
Notification of Continued Public Hearina and Protest Procedures:
At the request of some members of the public present at the February 7, 2023, public
hearing, and after all oral testimony was received, the Council voted to recess the hearing
to February 24, 2023, at 6:00 p.m. This Office mailed a notice of hearing continuation to the
same 421 persons/entities who received the initial Notice of Public Nearing and Protest
Procedures. See Exhibit C —Notice of Continued Public Hearing.
A notice of continuation was posted on the County Calendar on February 14, 2023.
The public hearing was reconvened as scheduled, and adjourned by the Council on
February 24, 2023.
Valid Declarations of Protest:
This Office accepted Declarations of Protest from the onset of the initial Notice of Public
Hearing and Protest Procedures mailout through the adjournment of the public hearing on
February 24, 2023, including any protests that were postmarked February 24, 2023.
• This Office received 201.11* valid Declarations of Protest.
• This Office received 0 Withdrawals of Declaration of Protest.
• The total of valid Declarations of Protest equates to 201.11*.
* The total number of valid Declarations of Protests is presented in decimal format due to
the fractional calculation required for condominiums subject to assessment that are part of
a Condominium Property Regime (CPR), pursuant to Section 35-13(c) of the Hawaii
County Code; i.e. each condominium subject to assessment receives a voting value of 1/the
number of condominiums in the CPR subject to assessment.
Parcels subject to assessment,° eligibilityprotest proceedings; calculation
protocols:
Though 421 notices were mailed out, 382 parcels (including each condominium under a
Condominium Property Regime) would be assessed under the proposed BID. The overage is
due to multiple owners or interests for a single parcel.
Consultation with Corporation Counsel and the Real Property Tax Administrator resulted
in the following determinations:
1) Parcels not specifically exempted from assessment by Bill No. 230, Draft 2, such as
those parcels utilized by nonprofit agencies, would not be assessed by the County
under the proposed BID, and as such were not eligible to protest the formation of the
proposed BID;
2) The value of each of the 382 parcels subject to assessment shall be applied in the
calculation to determine if protests have been filed for "fifty-one percent or more of
the total real property tax assessed value of all land proposed to be assessed in the
district", with each condominium within a Condominium Property Regime having
equivalent status as any other parcel subject to assessment; and
Page 3 of A
3) The four properties classified as Condominium Property Regimes, which include a
total of 73 condominiums, are each assigned a value of one when determining if a
simple majority of landowners subject to assessment have protested the formation of
the proposed BID. This results in a total of 313 properties when calculating if a
simple majority or more have protested the formation of the proposed BID.
Protest by a Majority or More:
Section 35-13(b) of the County Code provides in part:
"If the landowners owning lands proposed to be assessed within the district that have a real
property tax assessed value of fifty-one percent or more of the total real property tax
assessed value of all land proposed to be assessed in the district or if a majority of the
owners of land proposed to be assessed in the district file written protests with the council
before or at the public hearing against the proposed ordinance establishing the district and
if protests are not withdrawn so as to reduce the amount of the protests to less than a
majority, the proceedings to create the specified district shall cease." (Emphasis added)
Section 35-13(b) establishes two methods of protest count by which the proceedings to
establish the proposed BID would cease for a period of 90 days:
(1) by the total real property tax assessed value of the property for which valid Declarations
of Protest were submitted being at least 51% of the total real property tax assessed value of
all parcels subject to assessment; or
(2) by a simple majority of the owners or lessees of property to be assessed under the
proposed BID filing a Declaration of Protest.
The proceedings must cease for a period of 94 days based on the sum of the real
property tax assessed value of parcels for which protests were submitted:
The total real property tax assessment value of the 382 parcels (including each
condominium under a Condominium Property Regime) subject to assessment is
$241,784,500.-
The
241,784,500.The total real property tax assessment value of those 382 parcels for which valid
Declarations of Protest were submitted is $141,013,300, equating to 58.3 percent of the
"total real property tax assessed value of all land proposed to be assessed in the district".
*The "total real property tax assessed value of all land proposed to be assessed in the
district" cited above does not align with the figures provided in Exhibit C of Bill No. 230,
Draft 2. The total cited above was provided by the Real Property Tax Administrator upon
request by this Office for verification of the figures provided in Bill No. 230, Draft 2.
After consultation with Corporation Counsel and the Real Property Tax Administrator, it
was determined that the real property tax assessed values verified by the Real Property
Tax Division to be current and accurate (and that would be used by the County to apply
assessments if the proposed BID were established) are the appropriate figures to be used in
any calculations required under Chapter 35 of the Hawaii County Code.
Page 4 of 4
The proceedings must cease fora period of 90 days based on a simplemajority:
The 20 1.11 valid Declarations of Protest divided by the 313 properties that are to be
accounted for with consideration for condominiums under a Condominium Property regime
equates to 64.2 percent, which does constitute "a majority of the owners of land proposed
to be assessed in the district".
Recommendation:
When a "majority or more" of affected landowners or lessees who are subject to assessment
protest the establishment of a proposed Business Improvement District, Section 35-13(b),
provides in part, that: "No proceedings to create the district shall again be undertaken for a
period of ninety days from the date on which proceedings cease."
This report is being officially presented to the Council during a regular meeting dated April
5, 2023. After consultation with the Corporation Counsel, this Office recommends that Bill
No. 230, Draft 2, be postponed until the regular meeting scheduled for July 6, 2023.
Doing so would meet the 90-day holding requirement recited in Section 35-13(b).
Sufficiency of Notice:
Section 35-12(c) of the County Code provides:
"(c) Failure to give notice to any owner or failure of any owner to receive such notice
shall not affect the validity or effectiveness of the hearing or any other proceedings
taken under this chapter or any special assessment levied under this chapter if the
council determines that a reasonable effort was made to give such notice. The
council's determination shall be final and conclusive."
Based on the proceedings accounted for in this report and the attached exhibits, this Office
requests that the Council moves to find that "a reasonable effort" was made to provide
notice of these proceedings to each owner and/or lessee entitled to receive such notice.
Submitted by:
Jon Henricks
County Clerk
County of Hawaii
Attachments:
Exhibits A-C
EXHIBIT A
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COUNTY COUNCIL
NOTICE OF PUBLIC HEARING
Date: February 7, 2023
Time: 6:00 p.m.
Place: Hilo Council Chambers, Hawaii County Building, 25 Aupuni St., Hilo,
Hawaii 96720
Pursuant to Section 92-41, Hawaii Revised Statutes, and Section 35-12, Hawaii County
Code, notice is hereby given that the Hawaii County Council will hold a public hearing on
the establishment of a Business Improvement District in Downtown Hilo, as proposed by
Bill No. 230, Draft 2.
Bill No. 230 Draft 2:
Proposes to establish the County of Hawaii Downtown Hilo Business Improvement
District No. 2 to provide for the making and financing of supplemental services and
improvements in Downtown Hilo in accordance with the provisions set forth in Chapter 35
of the Hawaii County Code.
Supplemental services and improvements, as described in the District Plan, would include:
(1) Enhancement of public safety, landscaping, maintenance, and sanitation using
"Clean Sweep Crews";
(2) Promotion of Downtown Hilo as a family gathering place through marketing,
special events, and other creative means;
(3) Development of public restrooms, landscaping, lighting, pedestrian pathways
and surfaces, kiosks for marketing and special events, and wayfinding and
signage to enhance the movement, convenience, and enjoyment of the public, and
other improvements recommended in the Downtown Hilo Multi-Modal Master
Plan;
(4) A shuttle system for improved transportation; and
(5) If authorized by separate ordinance, parking management policies and services.
Funds for these supplemental services and improvements would be derived from
assessments paid by owners of commercial parcels of land within the district boundaries,
based on the assessed rate of$1.50 for every $1,000 of"Total Net Taxable Value" of each
parcel of land, for a total estimated budget of$367,000 for the first operating year of the
proposed Business Improvement District.
(Page 1 of 2 -See back of page for more information)
EXHIBIT A
Protest Procedures
Pursuant to Section 35-13 of the Hawaii County Code, the owners of real property whom
would be assessed under the proposed Business Improvement District may file a written
protest against the formation of the Business Improvement District. The proceedings to
establish the County of Hawaii Downtown Hilo Business Improvement District No. 2 will
cease if lawfully filed protests equate to fifty-one percent or more of the total real property
tax assessed value of all land proposed to be assessed in the district or if a majority of the
owners of land proposed to be assessed in the district protest its formation. Each landowner
was mailed a copy of this notice of public hearing, which included a form to protest the
establishment of this Business Improvement District. Landowners may either file their
protests prior to or at the time of the public hearing.
All protests must be filed with the Office of the County Clerk prior to the conclusion of this
public hearing. Protests submitted via mail must be postmarked no later than February 7,
2023.
A protest may be withdrawn by the landowner prior to the conclusion of the public hearing
using a Withdrawal of Protest form provided by the Office of the County Clerk.
Participation
All interested persons are invited to attend and will be afforded the opportunity to be
heard. Persons who require special accommodations should call (808) 961-8255 by February
6, 2023. Every effort will be made to obtain the required accommodation, though the
County cannot guarantee that the requested accommodation can be provided.
To provide Oral Testimony via Zoom, email councilremotetestimonyr7hawaiicountov or
call (808) 961-8255 to register and receive login information.
Written testimony may be submitted via: (1) email to couxiciltestimonv�zLhawaiicounty.gov;
or (2) mail to the Office of the County Clerk, 25 Aupuni Street, Hilo, Hawaii 96720.
Upon timely request, this notice is available in alternate formats such as large print,
Braille, or electronic copy.
Availability of Documents
Copies of Bill No. 230, Draft 2, which includes the District Plan, District Map Boundaries,
and Assessment Roll, are available for public inspection during regular business hours at
the Office of the County Clerk, 25 Aupuni Street, Room 1402, Hilo and at the Kona Council
District Offices, 74-5044 Ane Keohokalole Highway, Building A, Kailua-Kona.
Bill No. 230, Draft 2, may also be viewed via the County's website at
lttps://records.hawaiicounty.gov,A eblink/O/doe/1049938/Pagel.aspx
Questions
Please call (808) 961-8532 for any inquiries regarding this public hearing or protest
procedures.
BY AUTHORITY OF THE HAWAII COUNTY COUNCIL
COUNTY CLERK
(Hawai`i Tribune Herald—January 29 and January 31)
(West Hawaii Today—January 29 and January 31)
Hawai'i County is an Equal Opportunity Provider and Employer
EXHIBIT A
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County ofHawai'i Downtown Hilo Business Improvement District No. 2
Declaration of Protest
As a landowner within the boundaries of the proposed Business Improvement District who is subject to
assessment, I, hereby exercise the authority granted
(Print your Name)
pursuant to Section 35-13 of the Hawai'i County Code to duly protest the formation of the County of
Hawaii Downtown Hilo Business Improvement District No. 2.
Signature Tax Map Key and Address (parcel subject to assessment)
Comments (optional):
Please mail or deliver to:
Office of the County Clerk
ATTN: Nicole Bello
25 Aupuni Street, Room 1402
Hilo, Hawai'i 96720
*A Declaration of Protest may be withdrawn at any time prior to the conclusion of the public hearing
scheduled on February 7,2023.The form to officially withdraw a Declaration of Protest is available upon
request by calling the Office of the County Clerk at (808) 961-8532 and will also be available at the public
hearing.
IBIT B
AFFIDAVIT OF PUBLICATION
IN THE.MATTER OF }
NOTICE OF PUBLIC HEARING-Bill 230 }
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STATE OF HAWAII }
ISS.
City and County of Honolulu }
Doc. Date: JAN 3 0 2 # Pages: 1
Notary Name:COLLEENE.SORANAKA First Judicial Circuit
Doc. Description: Affidavit of
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Publication E 0
A = :° NOTARY .-7
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Notary Signature Date
° No. 90-263 '
Lisa Sakakida being duly sworn,deposes and says that she is a cl'er L l arrtlwxizec �,+®
to execute this affidavit of Oahu Publications,Inc.publisher of The i�txiq OF xA
Star-Advertiser,M dWeek,The Garden Island,West Hawaii Today,and Hawaii
Tribune-Herald,that said newspapers are newspapers of general circulation in the State
of Hawaii,and that the attached notice is true notice as was published in the
Honolulu Star-Advertiser 0 times on:
MidWeek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune-Herald 1 times on:
0112912023
West Hawaii Today 0 times on:
Other Publications: 0 times on:
And that affiant is nota a party to or in any way interested in the above entitled matter.
Lisa Sakakida /773
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S cribe to and efore me this?�ay of "'6* PI_A.D.20
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Colleen E.Soranaka,Notary Public of the First liicia7 �t,$ to b# waii
My commission expires:Jan 06 2024 C) � K i
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No.90-263
EXHIBIT B
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF }
NOTICE OF PUBLIC HEARING-Bill 230 }
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STATE OF HAWAII }
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City and County of Honolulu }
Doc. Date: JAN 3 0 2023 # Pages: 1
Notary Name:COLLEEN E.SORANAKA First Judicial Circuit
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Doc. Description: Affidavit of `�' E. so"",
Publication
NOTARY'
U PUBLIC3 .9 2023
Notary Signature Date
Na. 90-263
Lisa Sakakida being duly sworn,deposes and says that she is a clerk d0lyntlizBdP,. '
to execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu
Star-Advertiser,Midweek,The Garden Island,West Hawaii Today,and Hawaii
Tribune-Herald,that said newspapers are newspapers of general circulation in the State
of Hawaii,and that the attached notice is true notice as was published in the
Honolulu Star-Advertiser 0 times on:
Midweek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune-Herald 0 times on:
West Hawaii Today 1 times on:
0112912023
Other Publications: 0 times on:
And that affiant is not a party to or in any way interested in the above entitled matter.
Lisa Saka dd.
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Colleen E.Soranaka,Notary Public of the First JudicnibI TC" S t rf Iawaii
My commission expires:Jan 06 2024 �� �
Ad# 0001401165NOTARY :-7 ICSP NO.:
PUBLIC
No. 90-263
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AFFIDAVIT OF PUBLICATION
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NOTICE OF PUBLIC HEARING-DOI 230 }
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STATE OF HAWAII }
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City and County of Honolulu }
Doc. Date: 'JAS;' 3 20223 # Pages: 7
Notary Name:COLLEEN E.SORANAKA First,JyodalCircuit
Affidavit of so`' l°
Doc. Description: ,,�F, .. . --•• ..,.
Publication ��,"
NOTARY
PUBLIC
' No. 90-263
Notary Signature Date
Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly autheorUed e
to execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii
Tribune-Herald,that said newspapers are newspapers of general circulation in the State
of Hawaii,and that the attached notice is true notice as was published in the
Honolulu Star-Advertiser 0 times on:
MidWeek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune-Herald 1 times on:
0113112023
West Hawaii Today 0 times on:
Other Publications: 0 times on:
And that aff�Qntt is not a party to or in any way interested in the above entitled matter.
Lisa S akakida
Sub ed to ands me thit flay of Ta hoa'n/
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Colleen E.Soranaka,Notary Public of the First Judicial Circuit,Shat awark— � t
My commission expires:Jan 06 2024 4 ?�
NOTARY
Ad# 0001402906 � . PUBLIC iy = ICSPNO.:
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OF
EXHIBIT B
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF }
NOTICE OF PUBLIC HEARING-Bill 230 }
}
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STATE OF HAWAII }
ISS.
City and County of Honolulu }
Doc. Date: Ato' 31 20 # Pages: 1
Notary Name:COLLEEN E.SORANAKA First Judicial Circuit
Doc, Description: Affidavit of
Publication '' 1 E. SO'
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A�r 1 023 r Ov' NOTARY ��=
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Notary Signature Date
No.90-263 -
Lisa Sakakida being duly sworn,deposes and says that she is a clerk;}3 t OF g N,
to execute this affidavit of Oahu Publications,Inc.publisher of The tonbl u
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii
Tribune-Herald,that said newspapers are newspapers of general circulation in the State
of Hawaii,and that the attached notice is true notice as was published in the
Honolulu Star-Advertiser 0 times on:
MidWeek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune-Herald 0 times on:
West Hawaii Today 1 times on:
01/3112023
Other Publications: 0 times on:
And that affiant is not a party to or in any way interested in the above entitled matter.
Lisa Sakakida �,tt�'g
Subs e o and swo me th s ��lday ofy� �A.D.20
Colleen E.Soranaka,Notary Public of the First Judicial Ci;ar1$...ate P' awaii
My commission expires:Jan 06 2024 J�Q
Ad# 0001402908 �' NOTARY ICSP NO.:
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No. 90-263
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EXHIBIT C
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HAWAII COUNT' COUNCIL
NOTICE OF PUBLIC HEARING
CONTINUATION
Date: February 24, 2023
Time: 6:00 p.m.
Place: Hilo Council Chambers, Hawaii County Building, 25 Aupuni St., Hilo,
Hawaii 96720
The public hearing convened on February 7, 2023, regarding the proposed establishment of
the County of Hawaii Downtown Hilo Business Improvement District No. 2 via
Bill No. 230, Draft 2, was put into recess and is scheduled to resume at 6:00 p.m. on
February 24, 2023.
The timeframe for the owners of real property who would be assessed under the proposed
Business Improvement District to file a Declaration of Protest or to withdraw a Declaration
of Protest has been extended via this continuation of the public hearing. Declarations of
Protest and withdrawals of Declarations of Protests will not be accepted after the
conclusion of this public hearing.
Any Declaration of Protest or withdrawal of a Declaration of Protest submitted via USPS
will be accepted if it is postmarked no later than the date on which the public hearing is
concluded.
Valid Declarations of Protest that have previously been filed with the Office of the County
Clerk remain in effect; no further action is required to formally protest these proceedings.
Contact
Please call (808) 961-8532 or email Nico.le.Bel.ionhawaiicountv.gov for access to: Declaration
of Protest and Withdrawal of Declaration of Protest forms; the original Notice of Public
Hearing; Bill No. 230, Draft 2; and/or for any other inquiries regarding this public hearing
or the protest procedures.
Participation
All interested persons are invited to attend and will be afforded the opportunity to be
heard. Persons who require special accommodations should call (808) 961-8255 by February
23, 2023. Every effort will be made to obtain the required accommodation, though the
County cannot guarantee that the requested accommodation can be provided.
To provide Oral Testimony via Zoom, email councilremotetestimon !t,hawaiicounty. ov or
call (808) 961-8255 to register and receive login information.
Written testimony may be submitted via: (1) email to counciltestiniontiChawaiicounty. ov;
or (2) mail to the Office of the County Clerk, 25 Aupuni Street, Hilo, Hawaii 96720.
Upon timely request, this notice is available in alternate formats such as large print,
Braille, or electronic copy.
BY AUTHORITY OF THE HAWAII COUNTY COUNCIL
COUNTY CLERK