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t <br />Commission, that's sub -sections (e) and (f) that you're adding, my analysis as <br />environmental (indiscernible) is that I think these are good and important things that <br />you need to add. They make sense. I think a mistake was made by the last Charter <br />Commission in removing one of these sections. <br />RAY: That's a real mystery to us. You know, what happened was in the <br />last Charter, language was voted on by the public and nobody seems to know just how <br />it got in there. Our attorney, Chris Yuen, who is a real avid watchdog of these types of <br />issues, the Planning Department, nobody seems to know just how that happened, so <br />actually this language would correct something that was voted on in the last election. <br />FRANKEL: Yes, I do think that is important to correct and I agree that you are <br />going to be criticized because this is quite a complicated issue to explain to folks. But <br />if you move forward on that, I can tell you that I will do my best to clarify the situation to <br />some of the folks who are criticizing you on that. <br />Couple of other minor points I just wanted to bring up. In terms of allowing the <br />Planning Department to transfer some functions to the Public Works Department, <br />in concept it may make sense in some circumstances, but realize, for example, in the <br />Subdivision Code, there are a lot of issues that the Planning Department is supposed <br />to consider before granting subdivision approval. One of them, which has taken 20 <br />years for Hawaii County to implement, and finally was done about two or three years <br />ago, even though they're required to by State Law two decades ago, is the <br />consideration of trail access when doing subdivisions. If this function is transferred to <br />Public Works, you're going to be transferring it to a department that has not, <br />historically, shown any expertise or interest in taking care of trail access. Not that the <br />Planning Department has done a particularly good job either. But at least there is the <br />framework within which that can happen because of the qualifications for people that <br />work for the Planning Department. And my concern is if that subdivision function is <br />transferred entirely to the Public Works Department, you may lose the potential to <br />protect trail access. <br />RAY: This wouldn't move it. <br />FRANKEL: Right. <br />RAY: This would remove a barrier from moving it, so do you think that's a <br />bad idea? <br />FRANKEL: I don't know. I'm just pointing this out as a potential problem. <br />Maybe that's something that would need to be discussed when the ordinance is done. <br />Maybe it's a possibility that we don't want to even allow to occur. I think I'd be more <br />strenuously opposed to this if the Planning Department had been doing its job for the <br />past couple of decades. Because the Planning Department has been ineffective, <br />11 <br />