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MIN CHC 2009-07-17.tif
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MIN CHC 2009-07-17.tif
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
2009
Meeting date
7/17/2009
Type
MIN
Document Relationships
AGE CHC 2009-07-17
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Path:
\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas
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COMM. 021 Frankel, DK - Proposed Amendments
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Path:
\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Communications (agenda items)
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STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS <br />CHR. HAITSUKA: Next on our agenda is Statements from the Public on Agenda Items. <br />We have Margaret Wille to speak on three agenda items. Good afternoon. <br />MARGARET WILLE <br />(At this time Margaret Wille came forward to address members of the Charter Commission) <br />MS. WILLE: Good afternoon, my name is Margaret Wille, I live in Waimea, I'm an <br />attorney, and I have been practicing for about 30 years. I have lived here on the Big Island <br />full time since 2002, and I first started coming here in 1970 when my parents and brothers <br />were living here. <br />I wanted to first touch on David Frankel's testimony. I believe he's going to speak a little bit <br />on issues related to the public trust doctrine, so I just wanted to make a comment about that. <br />You have a handout here, and on the last page of that handout is a page from the Kohala <br />Community Development Plan (CDP). I was on the South Kohala CDP Steering Committee <br />and was involved in writing this. I just really want to support what I think he is going to say, <br />and to just make it clear that the law really has changed since the last Charter, because of this <br />one case which involved the Public Trust Doctrine. It basically said that the Hawaiian <br />Constitutional section regarding the Public Trust Doctrine, to protect that the natural <br />resources be held for the benefit of all people, is not only the responsibility of the State, but <br />of the County. I'm not sure exactly how this weaves into all of the provisions of the Charter, <br />but I think it is sort of a decision - making framework. I started thinking about it as I was <br />reading through the different agenda items and thinking about what you really do. You are <br />looking at different entities and what their rights, powers and responsibilities are. There is <br />really one entity that is implicitly there, and is mentioned here and there, but isn't really <br />identified in terms of what its powers, rights and responsibilities are; and that is the public, or <br />the community, or the public trust. <br />I started thinking that maybe we ought to have another article on the public and the right to <br />be heard, or how it really fits, and pulls it together. I'm really just bringing that up and I <br />would like you to read this. I think I'll read just one paragraph out of the South Kohala CDP. <br />"It is on the basis of this constitutional Public Trust provision that decisions involving land <br />and water must be guided by the `Precautionary Principle' when we weigh our private wants <br />against the ability of the environment to accommodate those wants. The precautionary <br />principle requires long -term vision and mandates that government entities favor caution and <br />conservation in any case in which information is uncertain." <br />At the same time, in terms of the government representing the public, or the public trust, it's <br />also what are the rights of the public to know what's going on, be involved in the processes, <br />know that there's not conflicts of interest, and know that they are hearing what's going on. <br />As all of our lives get more complex, and how few of us have the opportunity to come here <br />and talk to you, I have been thinking about how we could do some sort of live broadcasting <br />of some of the hearings, such as this one. I put some young people in Honoka`a - -if you look <br />at the page that's a picture, just sort of looking at how - -if one had the camcorders hooked up <br />2 <br />
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