Tax protesters in Duncans Mills seek road-repair pledge from Sonoma County

A group of Duncans Mills residents is upping the stakes in the ongoing conflict with Sonoma County officials over upkeep of the county’s 1,384-mile rural road network, threatening to withhold their property tax payments this year in protest of what they claim is decades of neglect of their crumbling neighborhood road.

Kevin O’Connell, who lives on Freezeout Road in Duncans Mills, said he and eight of his neighbors have discussed setting aside their property taxes in escrow accounts until county officials dedicate funding to fix their narrow, 1.4-mile county byway, which runs along the south bank of the Russian River.

“The road is in horrible condition, and the potholes are so deep in some places that you could fish out of them,” O’Connell said. “It’s been 40 years of them ignoring us, so we think withholding our taxes is the only thing that will wake these people up.”

The west county dispute, which has sharpened in recent weeks, adds additional fuel to longstanding strife over condition of the county’s road network, consistently ranked among the worst in the Bay Area.

Residents and road repair advocates say the county has fallen short in its responsibility to maintain rural roads - a core service they contend should get more taxpayer money. County officials, however, say that their main pot of road funding, state and federal gas tax dollars, has been flat or dwindling for years, leaving local governments to backfill repair budgets.

The Board of Supervisors has allocated more of the county’s discretionary dollars for roads since 2013 than most boards over the past two decades, officials say. The three-year total, including the spending this fiscal year, is $44.9 million. Additional allocations could be made in a board hearing Tuesday.

“Property taxes are not intended to be used for road repairs, and this board is giving a huge amount,” said Susan Klassen, the county’s transportation and public works director. “Yes, a lot of roads are in poor condition and they’re a rough ride, but at this point, with the amount of money we have, most of them are going to remain a rough ride.”

The protest has surfaced roughly five months after the defeat of a proposed five-year, quarter-cent sales tax increase - the chief funding mechanism proposed by supervisors to address chronic road problems and financial shortfalls. In a major political blow to the board, Measure A failed in June by a sizable margin, with 60 percent of voters rejecting the tax increase.

Still, Freezeout Road residents argue that it is the county’s responsibility to maintain basic infrastructure. Their road, they say, is failing. O’Connell and his neighbors say they’ve been calling county supervisors and transportation officials for years asking for a major overhaul. They say the road’s condition has resulted in thousands of dollars in vehicle damage as well as minor physical injuries for some residents.

“It’s hard because our homes are our biggest asset, so we can’t put that in jeopardy, but at the same time the question is how do we get the county’s attention?” said Madlen Good, who lives on the road. “I understand that there are longer and more well-traveled roads that need attention, but we pay our taxes and we haven’t had ours paved since 1967.”

The tax protest represents a new type of pressure on the county, which has faced strong criticism especially in the past five years over the state of its road network. The push by road repair advocates and taxpayer groups has become a key driver in local political races and in budget hearings at both the county and city level.

With Measure A’s failure, advocates say the path for the county is now clear: it must spend more of the money that flows into its general fund from property taxes on roads. The $423 million general fund, the main source for discretionary spending by the county, supports primarily law enforcement and justice-related departments, as well as administrative divisions. In recent years, the county has also used it to support local boosts in health and human services as well as other programs and services including road upkeep.

At present, the county dedicates about two and a half cents out of every property tax dollar it collects to road upkeep. But the county only controls about 27 percent of property taxes, with the rest going to schools and special districts.

The county’s share of property tax - the single largest source for the general fund - amounted to about $195 million last year. Advocates say roads must get a larger share of that amount.

“The county has really let the roads go to hell, and the problem is this board has too many priorities,” said Craig Harrison, co-founder of Save Our Sonoma Roads, which endorsed Measure A.

Harrison said that roads should be the top spending priority, and the tax protest echoes other sentiments he said he has heard on the issue from county voters.

“This exemplifies the frustration out there from people who live in rural areas, who have played by the rules and paid their taxes but nevertheless they look around and say what services am I getting?” Harrison said. “The other priorities like housing, homelessness and universal preschool can be addressed with state and federal funding.”

Supervisors have defended their spending decisions, saying they already allocate a hefty chunk of their budget to roads. The other initiatives are also important, they said.

“We’re not ignoring this, but we’re in a delicate balance right now,” said Supervisor Efren Carrillo, whose west county district includes Freezeout Road. “I understand their frustration, and I hate to say this, but withholding property taxes is not going to elevate their road to a higher priority.”

Carrillo noted that only 19 of California’s 58 counties spend general fund money on roads, and out of those, Sonoma County dedicates the most - about $8 million a year since 2013. Spending this fiscal year is set to rise to about $11.6 million, most of it from the general fund.

Supervisors Tuesday are considering adding $5.4 million to that total over the next two years, drawing on one-time funds and possibly chipping in more from hotel bed tax revenue.

Bringing just county-governed roads up to good condition could cost an estimated $954 million over the next 20 years, according to county officials.

Because of the way the county ranks roads slated for repair - a formula that takes into account traffic and use for public safety or transit routes - it is unlikely that Freezeout Road will see an overhaul any time soon. County transportation officials said they have responded to residents’ safety concerns and are planning to repair potholes within the next seven weeks.

The response has emboldened neighbors to go forward with their tax protest, a move that could be unprecedented in Sonoma County according to officials.

“I haven’t heard of this ever happening,” said David Sundstrom, the county’s tax collector. “It would be awful if they go through with it...and they wouldn’t just be affecting the county because that money pays for a lot of things - schools, law enforcement, county parks, public works.”

Sundstrom said if residents miss their payment by Dec. 10, he will be forced to assess a 10 percent penalty, on top of a 1.5 percent interest fee every month the payment is late.

“The rules are very strict,” Sundstrom said. “I won’t have a choice.”

O’Connell said he has consulted an attorney and sought direction on what legal ramifications he could face.

“We’re fed up,” O’Connell said. “It’s not like we’d be keeping the money. We’d set it aside.”

Other Freezeout Road residents said they are considering joining the protest. Betsy Barone said she is not certain she would withhold her taxes, but if the group gets big enough she’d join.

“I’ve hurt my ankle twice and the rainy season is starting, so the potholes are going to get even worse - it’s a major safety concern,” she said. “We pay our taxes and we keep calling the county, and nothing is happening. The road is getting more and more dangerous ... so we’re just spinning our wheels.”

You can reach Staff Writer Angela Hart at 526-8503 or angela.hart@pressdemocrat.com. On Twitter @ahartreports.