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rd <br />MOOERS:When I received the letter, March 23 letter from Mr. Yuen, which <br />acknowledges the continued public hearing not a new hearing but a continued public hearing and <br />then the representations that we should be identifying that there was an opportunity for Contested <br />Case I contacted the Planning Department Staff, asked Mr. Hayashi I said, you know this is the <br />thth <br />4 or 5 meeting and we have noticed the neighbors for all the other meetings and no notice or <br />no mention of Contested Case rights were mentioned in those notices because it was our <br />understanding that that was only applicable to the first hearing. He concurred he said yes it was <br />a mistake it should not have beenincluded in the letter you do not need to include the notice <br />regarding the option for Contested Case in your notice to the neighbors. So thats why my notice <br />did not include the mention of the Contested Case rights. <br />IWASHITA:Another follow-up question. Did you update your mailing list? <br />MOOERS:Yes, the service I use- <br />IWASHITA:Let me finish the question please. Did you update your mailing list, in <br />other words go back and recheck the owners according to the maps and get current addresses <br />before you sent out your last notice? <br />MOOERS:I use a service that does that. They use the Real Property Tax Base to <br />check the notices. The maps dont change because the number of people within 300 feet would <br />be the same. The question would be the new ownership and the ownership is established by <br />those records and thats what my service depends upon. <br />IWASHITA:And you provided updated lists to the Department Staff? <br />MOOERS:Thats correct. When we receive a letter like this that requires us to send <br />out a notice we develop the list, we send out the mailings and we send to the Director a copy of <br />the notice that we sent in addition to a certificate of mailing from the United States Postal <br />Service which indicates who we sent those mailers to. <br />IWASHITA:Mr. Haneys comments indicate that this last letter was sent to a very old <br />address whats the name of the service you use? <br />MOOERS:Its a service out of Waimea, out of RE/MAX Pacific Realtor. I use his <br />office. So I mean, I can check. I dont have that list with me, I dont know if Mr. Hayashi has <br />the list with him but thats how the mailings are done. So that whatever, whoevers receiving the <br />list theres a certificate of mailing from the postal service that sends that to me, I send that to the <br />Director along with the mailing that I send out. <br />IWASHITA:So is there any indication, do you have any indication if an address is bad? <br />MOOERS:No. I mean, did the, I dont know how wed get an indication. I mean, I <br />know that, that just in filing applications people will come to me and say they want to file an <br />application for a change of zone. Ill look at the Real Property County Website and theyre not <br />listed as the owner. Its because theyve recently acquired the property and that site is not <br />15 <br />EXHIBIT B <br /> <br />