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WOODWARD: On Page 48, Section 1.2, “The County Planning Director is requested to <br />submit a draft of a bill to the County Council that sets out a concurrency management system for <br />South Kohala. The purpose of the bill is to create a system that will impose reasonable and fair <br />infrastructure concurrency requirements on developments within the district that already possess <br />zoning entitlements, and are therefore not currently subject to the concurrency requirements of <br />HCC 25-2-46.” What you are basically doing is retroactive concurrency charges. Is that not <br />correct? Anybody. <br />TSUCHIDA: I’m not a hundred percent sure what you mean by “retroactive?” <br />WOODWARD: Well, these are people that already have their zoning requirements in place <br />and, based on current law, don’t have any concurrency requirements placed upon them. And this <br />sentence adds additional fees retroactively. That’s what I’m saying. <br />TSUCHIDA: Well, excuse me, but I think it would be correct to say this sentence itself <br />does not add any fees. This whole paragraph is a recommendation for the Planning Director and <br />the County to create this new set of concurrency requirements. And yes, it would be for already <br />zoned but not yet subdivided properties. But again, this is a recommendation and does not <br />establish any fees per se at this time. <br />WOODWARD: Okay. Could I get Mr. Torigoe’s opinion on that? <br />TORIGOE: Mr. Chairman. <br />WATANABE: Sure. <br />TORIGOE: Well, Mr. Woodward, what kind of opinion are you looking for at this <br />point? I think the Planning Director also has discussed this in some depth with the CDP Steering <br />Committee. I’m not sure exactly what you are asking for. <br />WOODWARD: Well, is this legitimate? First of all, is it legal? And then secondly, is it <br />fair? I can’t ask you to answer the second one because you are an attorney. But I can ask you to <br />answer the first one. <br />(Chair had brief discussion with Director Yuen.) <br />IWASHITA: Mr. Chair. <br />WOODWARD: Sorry for the delay. We seem to have a little bit of deliberation going on <br />here. <br />TORIGOE: Mr. Woodward, this is -. <br />WOODWARD: Yes, sir. <br />EXHIBIT E <br />9 <br /> <br />