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<br /> <br /> <br /> Post Office Box 1101 <br /> <br /> MOOERS Kamuela, Hawaii 96743 <br /> ENTERPRISES LLC Phone (808) 880-1455 <br /> 7 Fax (808) 880-1456 <br /> Land Use Alternatives gmooers@hawaii.rr.com <br /> <br /> July 19, 2006 <br /> <br /> <br /> <br /> Honorable Stacy Higa, Chair <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> <br /> Dear Chair Higa: <br /> <br /> Subject: Proposed Resolution No. 381-06, To Postpone Council Action on Rezoning <br /> Applications in the Districts of North and South Kona Until the North and South <br /> Kona Community Development Plan is Adopted by Ordinance or until January 1, <br /> 2007. <br /> <br /> Thank you for allowing me to present testimony in opposition to this Resolution. I am opposed to this <br /> Resolution for four main reasons. <br /> <br /> First, it is inappropriate policy to pass a resolution that attempts to circumvent State statutes and County <br /> ordinances. The state Land Use Law, Hawaii Revised Statute Chapter 205, is a statute. The Charter is <br /> law as are the ordinances the General Plan and the County Zoning Code, Chapter 25. These laws were <br /> <br /> created to serve the public's interests and protect all parties. These laws cannot be ignored by the <br /> adoption of this resolution, for whatever period of time. During the discussion of this resolution it has <br /> been repeatedly stated that a resolution does not have the force of law. If so, then why are you <br /> considering adopting this resolution when it proposes to contravene state and county law which you have <br /> sworn to uphold in your oath of office? This resolution accomplishes nothing. It certainly does not <br /> provide any infrastructure that is desperately needed in our communities. <br /> <br /> Secondly, I am opposed to this resolution because it directs attention away from the real issues facing our <br /> community. This resolution creates an illusion that the Council is doing something to address the <br /> problems associated with rapid growth, it does not. Stopping change of zone applications will not build a <br /> single road, will not drill a single well, will not install a single traffic signal and not build a single park. <br /> The real issue we are all facing is the inability of government to fund infrastructure development. <br /> <br /> At a time when we have virtual full employment and the County coffers are growing by tens of millions <br /> of dollars each year, we have not adequately funded infrastructure development. What we have done is <br /> increase the size of government each year. I do not care which side of the island you live on, whether it is <br /> Kona, Puna, Waimea or Hilo, the major issue impacting our quality of life is traffic. We may need that <br /> Park Caretaker II position in Naalehu, or an additional planning clerk in Hilo, but what we truly need are <br /> new roads. Yet where is the infrastructure fund? If we set aside the incremental tax revenue growth for <br /> <br /> Comm. No. Z 4 Q0 . <br /> Ref. To: ?egZ.* b1 <br /> Ref. Date JUL 19 2006 <br />