Loading...
HomeMy WebLinkAboutRES 219 Draft 01 2016-2018FC -12 June 6, 2017 Res. 219-17: AUTHORIZES THE HAWAII COUNTY COUNCIL THE OPTION TO DESIGNATE A PORTION OF THE COUNTY'S FUEL TAX ALLOCATION TO BE UTILIZED FOR A GRANT-IN-AID PROGRAM FOR NONPROFIT HOMEOWNER AND ROAD MAINTENANCE CORPORATIONS OR ASSOCIATIONS FOR THE PURPOSE OF ROAD REPAIR AND MAINTENANCE FOR PRIVATE STREETS AND ROADWAYS THAT SERVE AS MAIN THOROUGHFARES REGULARLY USED BY THE PUBLIC Provides that State law allows for fuel tax monies to be used for improvements, repair and maintenance of certain private roadways; and would authorize the Council to establish a fuel tax grant-in-aid program, and form an ad hoc committee of its membership to create rules and procedures for the program; set forth the process, general criteria and qualifications for applicants; and oversee the awarding of grant applications. Reference: Comm. 301 Intr. by: Ms. O'Hara POSTPONED TO THE CALL OF THE CHAIR: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David — 9. Noes: None. Absent: None. Excused: None. BELLS FOR ORDINANCES ADJOURNMENT — 11:35 a.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8245 by June 2, 2017. Relay users please call 711(961-8245) to contact our office. Public attendance via courtesy site is available at the following locations until 4:30 p.m. or later in the event public testimony has not been completed: • Kona Council Office, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A; and • Pahoa Council Office, 15-2879 Pahoa Village Road. Public attendance via courtes site_ is also available at the following locations until public testimony has been completed: Page 4 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 219 17 A RESOLUTION AUTHORIZING THE HAWAII COUNTY COUNCIL THE OPTION TO DESIGNATE A PORTION OF THE COUNTY'S FUEL TAX ALLOCATION TO BE UTILIZED FOR A GRANT-IN-AID PROGRAM FOR NONPROFIT HOMEOWNER AND ROAD MAINTENANCE CORPORATIONS OR ASSOCIATIONS FOR THE PURPOSE OF ROAD REPAIR AND MAINTENANCE FOR PRIVATE STREETS AND ROADWAYS THAT SERVE AS MAIN THOROUGHFARES REGULARLY USED BY THE PUBLIC. WHEREAS, Section 243-6, Hawaii Revised Statutes, states that the "county of Hawaii fuel tax" shall "be paid over to the director of finance of the county of Hawaii for deposit into the fund known as the `highway fund"'; and WHEREAS, Section 243-6, Hawaii Revised Statutes, 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, Section 243-6, Hawaii Revised Statutes, Fuel taxes, dispositions, paragraph (2), states that funds shall be expended "for acquisition, designing, construction, reconstruction, improvement, repair, and maintenance of county main and general thoroughfares, highways, and other streets..."; and WHEREAS, Section 243-6, Hawaii Revised Statutes, Fuel taxes, dispositions, paragraph (2), indicates that Hawaii County's fuel tax revenues can be expended for improvements, repair and maintenance for roadways used by the public other than designated County roads; and WHEREAS, private, non -dedicated, substandard streets exists in the County of Hawaii, and are open to, and regularly used by, the general public; and WHEREAS, repairs and maintenance of private, non -dedicated, substandard streets will provide roadways accessible for authorized emergency vehicles and conservation and resources enforcement vehicles; and WHEREAS, the Council recognizes that during the 1960's, the County approved large subdivisions particularly in the regions of Puna and Ka`% which contain miles of non -dedicated substandard private streets and roadways maintained by the community and regularly used by the public; and WHEREAS, establishing a grant-in-aid program will allow for a more equitable distribution of fuel tax revenue by providing thousands of residents that live in government approved private subdivisions the benefit of their fuel tax contributions and ensuring safer streets in all of our communities; and WHEREAS, County fuel tax allocations for repair and maintenance of private streets and roadways will be available to all districts in the County of Hawaii and the Council shall place a cap on the amount annually available to each applicant to ensure equitable distribution of funds; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the approval of this resolution authorizes a percentage of fuel tax revenues to be utilized for a grant- in-aid program to qualifying nonprofit organizations for the purpose of road repair and maintenance of private streets and roadways used regularly as main thoroughfares by the public. BE IT FURTHER RESOLVED that the Council through the creation of an ad hoc committee, shall establish rules and procedures for the fuel tax grant-in-aid program and shall oversee the awarding of grant applications. Criteria will include: nonprofit 501(c) (2), (3) or (4) or other government status deemed appropriate by the Hawaii County Council; roadways under consideration must serve a minimum amount of residential lots and must be main thoroughfares used regularly by the public; organizations applying for funds through the fuel tax grant-in-aid program must demonstrate the availability of matching funds and provide the same; 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 as well as a detailed report on the location and type of road repair or maintenance completed, to the Hawaii County Council no later than one year after a grant has been awarded. BE IT FURTHER RESOLVED that an ad hoc committee will be formed by the Hawaii 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. 2 BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mayor Harry Kim; the Director of the Department of Public Works; the Director of the Department of Finance; the State Director of Taxation; and to the State Director of Finance. Dated at , Hawai`i, this COUNTY COUNCIL County of Hawaii Hilo, Hawaii I -hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER day of , 20_. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII 3 ROLL CALL VOTE AYES NOES ABS EX CHUNG DAVID EOFF KANUHA LEE LOY O'HARA POINDEXTER RICHARDS RUGGLES Reference: C-301/FC RESOLUTION NO. 219 17