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• <br /> .•'••.•• ".. ' Lincoln S.T. Ashida <br /> William P. Kenoi a y , Corporation Counsel <br /> Mayor Ma A -?i:. �/ i <br /> y t I Katherine A. Garson <br /> .,••; _�:, ,, , . Assistant Corporation <br /> "• o. _��"� Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • Fax (808) 961 -8622 <br /> April 19, 2010 • <br /> O <br /> r-+ <br /> Chairman J Yoshimoto and Council Members t7 ° <br /> Hawai`i County Council on -mo z, <br /> t ,r <br /> 25 Aupuni Street 11 <br /> Hilo, Hawai`i 96720 "i co !:-w <br /> T <br /> Dear Chairman Yoshimoto and Council Members: –,- -- <br /> co <br /> Re: Resolution 321 -10 j <br /> In reviewing Resolution 321 -10, it is our opinion that the third Whereas clause is flawed <br /> in its conclusion as stated. This office has opined that Section 243 -6, Hawai`i Revised States, in <br /> fact limits the fuel tax expenditures at this point in time to only County roads. <br /> While there may be some ambiguity or gray area as to what roads are covered by the fuel <br /> tax, based on Section 243 -6, as currently written, it would be our opinion that the expenditure of <br /> fuel tax money is limited to county roads, at this time. We have discussed this matter with <br /> Councilman Yagong, suggesting that to resolve this ambiguity, the best option would be to go to <br /> the State Legislature to amend Section 243 -6 to include private roads maintained by nonprofit <br /> corporations as permitted to be funded through the fuel tax as discussed in his resolution. We <br /> also discussed the possibility of seeking an opinion from the Attorney General as this is really an <br /> interpretation of a State statute. <br /> We also discussed raising the fuel tax to cover the costs for these private roadways <br /> maintained by nonprofit groups would be the most feasible, as it wouldn't reduce the amounts <br /> currently received which are inadequate to maintain the County roads at present. Councilman <br /> Yagong indicated that his resolution was merely to get a sense from the Council as to whether <br /> his idea has merit or not. The creation of an ad hoc committee to study the proposal further <br /> would be necessary to work out the details in implementing such a program and defining the <br /> parameters in which this program could function. <br /> Sincerely, <br /> • <br /> �u P <br /> • <br /> GERALD TAKASE • <br /> Deputy Corporation Counsel <br /> GT:de <br /> Hawaii County is an Equal Opportunity Employer and Provider -� 7 • <br /> Comm. No. 7 <br /> Ref. To: ?I C_ <br /> Ref. Date APR 19 201 <br />