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<br /> Communication 927 <br /> <br /> Resolution No. 381-06 <br /> <br /> Page 2 of 4 <br /> Council Member Dr. Fred Holsuch stated he would be voting against the resolution, but acknowledged <br /> there is obviously a lot of concern expressed by the many people who testified. He also noted that hi the <br /> seventh "Whereas" of the resolution it states he contributed funds to the Kona Community Development <br /> Plan. Dr. Holschuh clarified that the $15,000 was given to Research & Development to be used in <br /> conjunction with the Island-wide community development planning process and not specifically to the <br /> North and South Kona CDP. Dr. Holschuh stated he did not want to give his constituents the impression <br /> he had given money to help another district and not his own. Dr. Holschuh concluded he intends no <br /> disrespect to the work that has been done, however, if Research & Development thereafter made a <br /> decision to use the fund for that purpose it was fine with him. <br /> Council Member Bob Jacobson stated although this may not be a perfect resolution and may not be <br /> enforceable since it is a resolution, towards the end of the day it seemed to be the development <br /> community versus the resident community. He believes the development community should be working <br /> with the resident community and although he'd like to see some minor changes in the resolution, he can <br /> vote for it quite easily the way it stands. <br /> Committee Chair Pilago noted there is a draft 2 of the resolution, however will move on with the main <br /> motion and called on Council Vice Chair Virginia Isbell. Ms. Isbell asked Corporation Counsel Lincoln <br /> Ashida if the word "postpone" could also mean "moratorium," whether it was interchangeable or was it <br /> clear this is just a minor postponement. Mr. Ashida stated he sees this resolution as a moratorium. Ms. <br /> Isbell then asked if there was no sunset of the postponement, could it be legally postponed to an indefinite <br /> date. Mr. Ashida stated that generally, to be legal, a moratorium must have a date certain or specific <br /> duration and cannot be contingent upon the manifest of an event with no date specified. Mr. Ashida noted <br /> that a few months ago Mr. Pilago's office contacted him asking for an opinion whether moratoriums were <br /> legal. He responded that generally, moratoriums were legal and asked to see a copy of the draft <br /> legislation. Mr. Ashida stated that did not occur until he saw the resolution on the agenda. He concluded <br /> that generally legislation can be independent of the CDP process but the key is the end date of the <br /> moratorium cannot be based upon completion of the CDP, because that is not a date certain. <br /> Mr. Ashida informed Mr. Pilago that the Planning DeparUnent had prepared a letter on June 16, 2006 and <br /> asked whether the committee was in receipt of the letter. None of the committee members had seen the <br /> Planning Department's letter Mr. Ashida was referring to and he advised the committee he was informed <br /> by the Planning Department secretary it was delivered to the Council office on Friday. Mr. Ashida noted <br /> the letter states that Planning Director Chris Yuen did not support the resolution and raised concerns <br /> about its effectiveness. <br /> Ms. Isbell stated her concern was that the resolution did not have a date certain and was tied to the <br /> adoption of the ordinance and that bothered her because it may take two or three years to come up with or <br /> finalize the Ordinance. <br /> Council Member Safarik stated that although the resolution may not be the vehicle has any kind of legal <br /> bearing on the administration to postpone rezoning actions other than those exempted, he has a sense <br /> from listening to all the testimony provided, that the people in Kona aze asking the council to recognize <br /> their dilemma and feelings of hopelessness. He noted that if people in Puna district were experiencing <br /> this kind of heartburn every single day and other social issues that accompanies this kind of growth, the <br /> resolution, though it has no weight of law, is a suggestion to the administration and an answer to a plea. <br /> Mr. Safarik said would like to find a way of listening to the people of West Hawaii, (not that he agrees <br /> PC REPORT NO. 93 <br /> <br />