2008-09-04 TSKOHALA CDP - Laserfiche WebLink

Home

this point. And one of our policies, and I want to sort of put it before you as somewhat of an analytical framework that I think should impact on your decision-making in sort of a different way of looking at issues that come up or balancing issues before you. And that is this district policy “5.1 Proposed uses of natural resources shall be duly evaluated by the responsible public entities to ensure that each such use is consistent with the sustainable long-term health of the eco-system, including the direct and indirect impact on coastal waters.” So in terms of, I think maybe it was about two or three years ago I came and I was testifying before this Commission, and I think it was on the General Plan Amendments. And someone, I think it was maybe Mr. Domingo who said when things get, you know, the economic issues and the environmental issues, how do we balance those sometimes or how do we look at those issues. And I hope that some of you addressed this in your CDP; and I think that this does a little bit, just in terms of process or framework. And it really addresses this, what’s called the precautionary principle and a provision out of the Hawaii Constitution sort of stating the Public Trust Doctrine. And there was a, I think it was a 2006 Hawaii Supreme Court case that said that doctrine or that stewardship responsibility is imposed not just on the State but also on the counties. So, again, I’m just stressing this. I’m going to read just one provision which is out of our CDP, couple sentences here, that “It is on the basis of this constitutional ‘Public Trust’ provision that decisions involving land and water must be guided by the ‘Precautionary Principle’ when we weigh our private wants against the ability of the environment to accommodate those wants. The precautionary principle requires long-term vision and mandates that government entities favor caution and conservation in any case in which information is uncertain. The burden of providing that the resource is adequate and that its proposed use is consistent with the sustainable health of the ecosystem falls on the party proposing to use the resource.” So, again, it’s just when you’re balancing, how do we balance it, taking that into consideration. Second point I just want to stress is something that you all were grappling with in the Campbell case; and I guess I just want to really support what Ms. Bowman said about how do we weigh County, community associations, and what they have, and what requirements versus say something that’s in the CDP or the General Plan. And when you were talking about it I was reading the, I have a copy of the Puna Plan, and I’m just sort of stressing the need to integrate public services, such as schools, and that DOE sort of reigns against that. And, so again, I’m just really supporting that you look at these. I know they haven’t all passed and they’re not sort of in a framework of analysis. But I think that that’s an issue that you’re going to be confronted with – how does one evaluate whether, okay, if, how big does it make it a school, how big, what is the type of activity? And I think here where you have a community association saying, well, if we do this for this cottage industry what about other businesses like B and Bs, that to really look at the CDP where it’s sort of stressing say schools and the need for medicine, the need for having facilities closer to home. Again, when you’re, like how do we handle this, how do we weigh this - look to these documents to sort of help. I think it will help that decision-making process. And I guess just really the third comment I want to make is looking at this plan again as part of a process and encouraging you to not think of yourselves as much as sort of the parent decision- maker but really encouraging the elements, the parties and the landowners to, you guys come together, you guys work on this, we’re not just going to figure everything out for you within the framework of these plans. And I think stressing to the Action Committee how are we going to get those going - you have so many people on these Steering Committees with knowledge and information - and maybe doing some kind of training session, or getting them together so that EXHIBIT D 3