The subtle ways Puna gets screwed (Bill 79)

[Rob Tucker]

Consider the following agenda item for the County Council on July 8th. You might wish to submit testimony. Here is the language of the agenda item. I have used red letters for the place that leaves Puna out of the dollars.

Bill 79

Amends Ordinance No. 08-79, as amended, Relating to Public Improvements and Financing Thereof for Fiscal Year July 1, 2008 to June 30, 2009.

{Establishes the following program appropriations:

Roadway Projects (Engineering) $2,000,000
Bridge Inspection, Repair and Replacement Program (Engineering) $1,000,000
Americans With Diabilities Act Curb Cut and Accessible Route Program (Engineering) $500,000
and
Local Road Improvements (Highways) $3,500,00

for a total of $7,000,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.6, and which consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08. Projected Revenues are being allocated based on each district’s percentage of miles of local streets for all roads maintained by the county (specific projects are listed in Exhibit A).}

Re: Comm 337.2
Intr. By. Mr. Yagong
1st Reading: June 2, 2009
2/3 vote Section 10-6(d), Hawaii County Charter

So here's the deal. The monies being spent ($7,000,000) are derived from fuel taxes that we pay. But our local roads don't get the benefit of these taxes because the CoH has hundreds of miles of Puna roads listed as private. Therefore more Puna money gets spent in Hilo and other districts and Punatics get the short end of the $7,000,000 stick.

Understand?

Any questions?

[kani-lehua]

got it. fuel taxes to go up on wednesday by at least another 12 cents per gallon.[!]

"chaos reigns within.
reflect, repent and reboot.
order shall return."

microsoft error message with haiku poetry

[james weatherford]

Question about the allocation according to road miles -- is this originated in Bill 79, or is it derived from legislation that established the gas tax to be used for roads?

There is no doubt that the private roads in the Puna Judicial District -- which includes all of one Council Distirct and part of two more -- are used by people who pay taxes and don't get fair and equal funding and procurement representation. This unfairness and inequity occurs to people paying gas taxes and paying property taxes. Residents in the private subdivisions pay the full tax tab and get a shorted in a big way when it comes to services.

Somehow, the County has got to address this unfairness and inequity. A starting point is to be pro-active in seeking solutions through dialogue between the County and each of the private subdivisions.

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Dave Smith]

James, in answer to your first question, I believe the allocation stems from the legislation authorizing the tax.

However, I seem to recall that in the past the formula has been tweaked because of a perceived greater need in one district or another, although I'm not positive on that.

[james weatherford]

Thanks, Dave.
Will need to try and ferret out that info.
Any quick refs?



James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Dave Smith]

I did a little poking around and found the county is authorized by HRS ¤243-5 to establish the amount of the fuel tax through resolution. The council voted last year to keep the rate at 8.8 cents per gallon, the same as was set in 1988, although there was consideration of raising that several times over the past decade.

The distribution is according to an "appropriation formula" developed by Public Works. I haven't yet found that schedule, but WHT articles say about half of the tax is used for road maintenance and that it's based on the amount of miles in each district. However, that was amended several years ago, perhaps temporarily, to reflect the higher cost of asphalt in West Hawaii.

I tried to send you an email through PW for your address to pass on more info; not sure it went through. Let me know.

[Rob Tucker]

So is the basis of miles of road in each district restricted to CoH maintained roads in some way other than a resolution of council?

[Dave Smith]

It's apportioned according to the Public Works formula, which I have not yet found, but that is subject to change by the council through resolutions. I believe that's what happened in 2005 when the county changed it because of the asphalt cost.

[Rob Tucker]

So if Puna's hundreds of miles of private roadways were to receive a share of Fuel Tax Revenue it might be achieved by a resolution of County Council?

Interesting.

If the answer to that question is Yes then one might conclude that it is in fact an act (or resolution) of County Council that prevents such funding to reach the Puna District.

[Bob Orts]

Follow the entire law.

HRS states that Hawaii's County Fuel Tax is to be deposited into the State Treasury in escrow for Hawaii County. HRS also states that those tax funds held by the State Treasury will be returned to Hawaii County to be used for County "STREETS".

So, just find out the definition of County "STREETS".

(Hint, you can find it in HCC 22-1.2(16) )