Laserfiche WebLink
COMM. 29: From Jan Pakele, Director, Department of Liquor Control, dated <br />August 24, 2009, supporting CA -6, proposed amendments to <br />Article VII, Chapter 3, Section 7 -3.4. <br />CHR. HAITSUKA: Is there any discussion on Communication 29? <br />Ms. Jarman moved to file Communication 29. <br />Seconded by Mr. Shumway and carried by the <br />following vote: <br />Ayes: Commissioners Fuertes, Honma, Jarman, <br />Kaulukukui, Kealoha, Osborne, Shumway, <br />Unger, and Chair Haitsuka. <br />Noes: None. <br />Absent: Commissioners Kawauchi, and Nahale -a. <br />COMM. 30: From Margaret Wille, dated September 3, 2009, submitting proposed <br />amendments to various sections of the Hawaii County Charter as well as <br />proposals for new sections and articles. <br />CHR. HAITSUKA: Ms. Wille, would you like to address the Commission? <br />MARGARET WILLE <br />(At this time Margaret Wille came forward to address members of the Charter Commission.) <br />MS. WILLE: Good afternoon, and thank you for being here. I am Margaret Wille, and I <br />would like to address a number of issues. Let me just say, in terms of, over all, what I am <br />trying to accomplish here is really promoting more transparency and accountability to the <br />public and enabling them to better participate in the decision making process, in the sense of <br />what you all are doing; and allowing the public to better understand what is going on and to be <br />able to respond in an informed way. The second sort of umbrella issue is really addressing a <br />supreme court case. I handed out a copy of it that was decided since the last Commission met. <br />It is the Kelly versus Oceanside. That case made it clear that the County, and not just the State, <br />has a public trust responsibility in terms of the natural resources, the land, and the water for <br />current and future generations. <br />These are issues that are going on, what we do right now doesn't just impact us and the coastal <br />waters and the land at the moment, but affects it for all the future. In that case, which was <br />decided in 2006 -4 gave you the key section on public trust- -the county argued that this was <br />just up to the state and wasn't really a county issue. The court said, no, the statute says, "... or <br />subdivisions" and you must, as a County, also be taking - -I'm paraphrasing- -that into account in <br />making decisions that affect our natural resources, water and land. This is basically what the <br />provision in the Hawaii Constitution is based on. I'll run through the statute, but these are the <br />themes that run through all of what I have in my proposals. The Hawaii Constitution says, <br />14 <br />