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HomeMy WebLinkAboutCOM 0813.019 1998-2000 BILL 276 Draft 3, AN ORDINANCE AMENDING CHAPTER 19, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO REAL PROPERTY TAXES BY BLANE YOKOTA CORPORATE COUNSEL REGEIV® 'nom FOR f nty Council VERIZON HAWAII SEPTEMBER 20, 2000 Good morning Chair Arakaki and Members of the Hawaii County Council. I am Blane Yokota, Corporate Counsel testifying on behalf of Verizon Hawaii ("Verizon) formerly known as GTE Hawaiian Tel. Thank you for the opportunity to testify regarding Bill No. 276 (Draft 3), "AN ORDINANCE AMENDING CHAPTER 19, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO REAL PROPERTY TAXES." Although Verizon Hawaii supports that portion of Bill 276 (Draft 3) which is designed to memorialize the sharing of Public Service Company Tax revenues which the State of Hawaii, the County of Hawaii, and the Public Utilities have agreed to in principle, with all due respect to the Council, Verizon strongly opposes subparts (a), (b), and (c) of Section 2 of Bill 276 (Draft 3) which nonetheless continue to propose the adoption of an entirely new valuation method and urges the Council to either (1) strike those sections from this bill or, at a minimum (2) to defer the bill until November 1, 2000 in order to allow the finalization and execution of a formal settlement agreement which would render the new valuation method moot. As the Council is aware, Verizon began paying a portion of its PSC tax under protest on August 10, 2000 and filed a complaint against the Department of Taxation asserting the double taxation dilemma which faced Verizon and ultimately its customers. Subsequently on August 17, 2000 and again on August 31, 2000 the State, Hawaii County, and Helco, Gasco, and Verizon met in Comm. No. 813 • D/9 1 _ He No. RPT Ref. To: DJ s/C614h6f j Ref. Date SEP 2 0 20M settlement conference with Judge Gary Chang of the tax appeal court. Through cooperation and compromise the parties managed by the end of the August 31St session to reach a settlement in principle, which would share the PSC Tax revenues between the State and the County. Counsel for all parties are now working on reducing that settlement in principle into a formal written settlement agreement that is expected to shortly be circulated for review by the other three counties. Accordingly, Verizon respectfully requests that this Council take no further action to adopt a new real property valuation method when the parties are finally on the verge of formalizing a settlement agreement which would achieve the County's stated goal of realizing a sharing of the PSC Tax revenues with the State. Deferring further action on the new valuation language proposed in Bill 276 (Draft 3) will not impair the County's position but will instead demonstrate the County's continued commitment to the settlement process. Verizon will not repeat all of its prior objections to the new real property valuation method proposed in subparts (a), (b), and (c) of Section 2 of Bill 276 (Draft 3). However, Verizon does reserve its rights to assert any and all arguments in any future proceedings (administrative or otherwise) against the new valuation method. Thank you again for the opportunity to provide testimony on this matter.