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ALAMEDA:Clarification? <br />SIRACUSA:Thats the one I read. <br />ALAMEDA:Okay. Clarification, Mr. Director, the yellow one is the most recent? <br />YUEN:Yes, the yellow one is the one were asking for a favorable <br />recommendation on today. <br />ALAMEDA:Other questions for our Director? Seeing none, we do have testimony. <br />Please come forward. Kimo. <br />FRANKEL:Thank you. <br />ALAMEDA:I dont need to swear you in, we did that already. <br />FRANKEL:Great. <br />ALAMEDA:You may proceed. <br />FRANKEL:Thanks. I am the attorney who brought the case that is prompting this <br />revision to the Subdivision Code. So Id like to talk quite a bit about my concerns and actually <br />ask you at the end of this to make a motion to ask the Planning Director to come back with <br />another draft that addresses the four concerns Im going to outline to you. Chris and I have <br />different interpretations of the law. Im happy to say that my interpretation prevailed in the <br />Leslie versus Board of Appeals case. My interpretation may not be as pragmatic but it was <br />correct. And Im hoping that you will agree with me that theres a number of concerns that need <br />to be addressed in the Subdivision Code revisions. <br />First of all, our Charter was amended a couple of years ago to include the Department of <br />Environmental Management. Since that time, however, the Subdivision Code has not been <br />revised. And so you have applications being forwarded to Public Works informally, well, the <br />Solid Waste Division and Wastewater Division used to be in Public Works but is now in the <br />Department of Environmental Management, a separate Department. So the Subdivision Code <br />needs to be revised to reflect that. Its a minor issue but I think since youre amending the Code, <br />that should be done. <br />Secondly, and I think far more importantly, the Subdivision Code should specifically require that <br />the Department investigate and protect all native Hawaiian traditional and customary practices. <br />This is one of the issues in the Leslie case that the Supreme Court did not need to address <br />because it addressed the other issues and disposed of the appeal. However, it is quite clear to me <br />that the Constitution and the Hawaii Supreme court cases interpreting the Constitution provide <br />that the Planning Director must investigate and protect native Hawaiian rights before any <br />subdivision approval is granted. You can do nothing, as the Planning Department has suggested <br />regarding this issue and leave it murky and wait for us to litigate the issue as will occur. <br />However, I think thats both foolish in terms of the law and foolish as a policy. I think you need <br />to, as a body, say native Hawaiian rights are important and we want our Planning Director to <br />4EXHIBIT D <br /> <br />