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Home My WebLink AboutCOM 0773.002 2008-2010 • ...... n! y ;4., • Phone: (808) 961 -8538 DOMINIC YAGONG �; �:. '�. Fax: (808) 961 -8912 Councilmember � Email: dyaeongaco.hawaii . hi.us District ofHmunlmn �r %% t±..r . Sri oi'Mr.Y HAWAII COUNTY COUNCIL County of Howe] 25 Aupuni Street Hilo, Howai'196710 April 19, 2010 C Memo To: J Yoshimoto, Chair 4C n And Members of the Hawai`i County Council n rt, r �tt, Iominic Yagong, Council Member From: �.! Re: Proposed Amendments to Resolution No. 321 -10 Attached please find proposed amendments to Resolution No. 321 -10 as follows: 1. Adding two Whereas clauses to read as follows: "WHEREAS, an ad hoc committee will be formed by the Hawai`i County Council by a separate resolution to set forth the process, general criteria, and qualifications of the grant -in -aid program, and shall submit its recommendation(s) to the full Council for approval and entation; and WHEREAS, concurrently the ad hoc committee shall suggest language to the State Legislature to amend HRS 243-6 by adding a new item (9) to read as follows: "Highway funds from the County of Hawaii fuel tax may be allocated by the Hawaii County Council through an ordinance for a grant -in -aid program for use by a private non -profit corporation road maintenance fund. Funds shall be used by such corporations in a manner consistent with (2) above ' ; and" 2. Adding two Be It Further Resolved clauses to read as follows: "BE IT FURTHER RESOLVED, concurrently the ad hoc committee shall suggest language to the State Legislature to amend HRS 243-6 by adding a new item (9) to read as follows: "Highway funds from the County of Hawaii fuel tax may be allocated by the IIawai`i County Council through an ordinance for a grant -in -aid program for use by a private non- profit corporation road maintenance fund. Funds shall be used by such corporations in a manner consistent with (2) above." BE IT FURTHER RESOLVED, that implementation of the grant -in -aid program for non -profit organizations for the purpose of road maintenance on private street utilizing fuel tax revenues shall not precede without the appropriate language change to HRS §243 -6 or any other section of the state fuel tax code." I , A draft copy of Resolution No. 3221 -10, Draft 2, is attached with these amendments 7�/ 02 incorporated therein. Comm. No. I Ref. T °tesetttad ft. Qn4 Dote APR 19 201D A RESOLUTION AUTHORIZING THE HAWAII COUNTY COUNCIL THE OPTION TO DESIGNATE A PORTION OF THE DISTRICT'S FUEL TAX ALLOCATION TO BE UTILIZED FOR A GRANT -IN -AID PROGRAM FOR NONPROFIT ORGANIZATIONS FOR THE PURPOSE OF ROAD MAINTENANCE FOR PRIVATE STREETS AND ROADWAYS. WHEREAS, Hawai`i Revised Statutes, §243 -6 in pertinent part states that fuel tax funds "shall be expended for the following purposes, for the island for which the tax revenue is specially indicated, or, if none, for the county for which the tax revenue is indicated "; and WHEREAS, Hawai`i Revised Statutes, §243 -6, fuel tax dispositions, section 2, "for acquisition, designing, construction, reconstruction, improvements, repair and maintenance of county main and general thoroughfares, highways and other streets... "; and WHEREAS, this section indicates that the fuel tax revenues can be expended for improvements, repair and maintenance for roadways other than designated county roads; and WHEREAS, private, non- dedicated, substandard streets exists in the County of Hawaii, and are open to the general public; and WHEREAS, road maintenance of private, non - dedicated, substandard streets will provide a roadway accessible for authorized emergency vehicles which include fire and rescue vehicles, police vehicles, ambulance, ocean safety vehicles, public safety law enforcement vehicles, and conservation and resources enforcement vehicles; and WHEREAS, the Hawaii County Council recognizes that during the 1960's, county government approved large subdivisions particularly in the region of Puna which contain miles of non - dedicated substandard private streets and roadways maintained by the community; and WHEREAS, according to the Department of Finance Motor Vehicle Registration Division, Puna being the fastest growing region, has 24,000 registered vehicles which represents nearly 17% of the vehicles registered on the Big Island; and 1 WHEREAS, having the option to designate a portion of the district fuel tax revenue to be utilized in a grant in aid program allows for home rule in the distribution of fuel tax revenues as well as providing thousands of residents that live in government approved private subdivisions the benefit of their fuel tax contributions; and WHEREAS, this option would grant the Hawai`i County Council the choice of designating a portion of the fuel tax allocation to help provide funding support to legitimate non - profit organizations through a grant -in -aid program, which would serve thousands of island residents that pay in to the fuel tax system but fail to get the intended maintenance benefit; and WHEREAS, an ad hoc committee will be formed by the Hawai`i County Council by a separate resolution to set forth the process, general criteria, and qualifications of the grant -in -aid program, and shall submit its recommendation(s) to the full Council for approval and entation; and WHEREAS, concurrently the ad hoc committee shall suggest language to the State Legislature to amend HRS §243 -6 by adding a new item (9) to read as follows: "Highway funds from the County of Hawai`i fuel tax may be allocated by the Hawai`i County Council through an ordinance for a grant -in -aid program for use by a private non - profit corporation road maintenance fund. Funds shall be used by such corporations in a manner consistent with (2) above. "; and WHEREAS, this authority to set aside a portion of the county fuel tax allocation would apply to all districts in the entire County of Hawai`i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the approval of this resolution authorizes the option to designate a portion of fuel tax revenues to be utilized for a grant -in -aid program for nonprofit organizations for the purpose of road maintenance on private streets and roadways. BE IT FURTHER RESOLVED the council shall set forth the general criteria to qualify for the grant -in -aid road maintenance program and shall oversee the awarding of the grant applications. Criteria could include: nonprofit 501(c) (2), (3) or (4) or other government status deemed appropriate by the Hawaii County Council; roadway must serve a minimum amount of residential lots; documentation that a specific percentage of the residents living on the roadway agree to accepting funding for maintenance of the private roadway; priority funding to organizations that provide community matching funds; and other criteria deemed necessary by the Hawaii County Council. BE IT FURTHER RESOLVED that organizations that receive funding through this grant -in -aid program shall provide a complete financial reporting of the expenditures to the Hawai`i County Council no later then one -year after the grant has been awarded. 2 BE IT FURTHER RESOLVED, that an ad hoc committee will be formed by the Hawai`i County Council by a separate resolution to set forth the process, general criteria, and qualifications of the grant -in -aid program, and shall submit its recommendations to the full Council for approval and implementation. BE IT FURTHER RESOLVED, concurrently the ad hoc committee shall suggest language to the State Legislature to amend HRS §243 -6 by adding a new item (9) to read as follows: "Highway funds from the County of Hawai`i fuel tax may be allocated by the Hawaii County Council through an ordinance for a grant -in -aid program for use' by a private non - profit corporation road maintenance fund. Funds shall be used by such corporations in a manner consistent with (2) above." BE IT FURTHER RESOLVED, that implementation of the grant -in -aid program for non- profit organizations for the purpose of road maintenance on private street utilizing fuel tax revenues shall not precede without the appropriate language change to HRS §243 -6 or any other section of the state fuel tax code. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this • resolution to the Honorable Mayor William P. Kenoi; the Director of the Department of Public Works; the Director of the Department of Finance; the State Director of Taxation; State of Hawai`i, Department of Taxation, P.O. Box 259 Honolulu, HI 96809; and to the State Director of Finance, State of Hawai'i, Department of Budget and Finance, P.O. Box 150, Honolulu, HI 96810. Dated at , Hawai`i, this day of , 2010. • • 3