2007-03-02 TMIRANDA - Laserfiche WebLink

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GRAHAM:Thank you. Go right ahead. RODRIGUES:Okay. Im a friend/attorney for Melvin Miranda and M. W. Miranda Trucking. He is sorry he is not here, I am sorry hes not here. But in paragraph 3 of the letter that I prepared for him, it says where he is today. Hes in Kona in Dr. David Waters office. Eva Coleman whos also a friend of mine and also his companion for life has an eye that is out to here, its out of the socket. So she wears a patch. And there are three doctors, two on this island and one in Honolulu, that are trying to put a surgical package together today to get that eye back in and prevent the other eye from coming out. Believe it, I dont want to get into the medical details, but this is really serious. The other eye is popping out as well. Its a thyroid condition, believe it or not. I never heard of that. Thats where Melvin is; and thats why were asking for this continuance. Getting back to Mr. Woodwards question about the letters, I think if you, maybe my language is st alittleconvoluted.Butinparagraph1whatIsaidwasthereweretwolettersdatedFebruary1, one is a letter notifying Mr. Miranda of the violations and the second letter dated the same day is notifying him of this hearing date. Andwhat my letter says at the back end of the first sentence st is that those February 1 letters were received in the first week of February. I dont know the exact date either because I didnt get the certified mail. But they were received and they were st received like within two or three days of February 1. Theres no question about that. So were not saying that we never got them. What we are saying at the end of that same paragraph is that st we didnt get any response from my initial response to the October violations until February 1. There was a gap in time when we were wondering, you know, what is the result of this? Were th our explanations and fixes for the October 20 violation letter satisfactory or were they not? So st that was the issue in all that time. And then come February 1 or thereabouts and we find out that not only was the explanation pretty much unacceptable but sanctions were imposed two or three months earlier that we werent even aware of until we got that letter. Now maybe another letter in the interim in November, December, January exists but I havent seen one and he says st he hasnt received one. So I dont know. But February 1, that time was the initial response to my letter of November 30, 2006asking-. So Mr. Miranda if he were here he would say, yes, we got the certified letters sometime in the firstweek of February, no question about that. But he st would also tell you that the exact date of his mothers death was January 31 and we buried her th here at Homelani on June 10. So it has not been a good month to put something like this together. Now what do we have for you? There are large questions that the various Commission Members raised today, like whats taking so long essentially. If the approval was made in August of 05, why wasnt it done by August of 06? I believe that we need to go into that at the next hearing if a continuance is granted, and also about the site plan and so on. Now what you have before you which Miranda Trucking has been using all along is their version of a site plan. Its not certified by a Registered Engineer like it should be. But you can see if you look at that Exhibit A that we attached today, if you can even find that one-acre parcel on that sheet of paper it is in the upper middle of the page. It is really a small part of the 17 acres, okay,toputtheproblemintoperspective.Whenyoulookatthatmapitlookslikeawholeroad running right through the property, you know, from top to bottom of the page. That is in reality a packeddowndirtroad.Itsaneasementtopropertyintheback.Soitsnotevenclosetoscale. That thing is drawn like it looks like Mamalahoa Highway. Its not. The one-acre parcel you see 5EXHIBIT C