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<br />AU: Okay with that said, our rules state, Mr. Gomes, that it needs to be in prior. It just didn’t
<br />make it. It was submitted today. And because of the, also, the other deficiency on the
<br />application we will not be able to accept it. And, Mr. Fuke, please come forward. You want to
<br />say something?
<br />FUKE: Yes.
<br />AU: And then after that I’d like Ms. Amy Self and BJ to also come up too.
<br />FUKE: Mr. Chairman, again, for the record, Sidney Fuke. From the get-go, I guess, this
<br />application from a processing standpoint has been so topsy turvy. I mean if you’re going to just
<br />look at the rules themselves, I mean, I can just cite you, for example, it’s like the applicant shall
<br />serve notice to surrounding property owners regarding the contested case hearing. Who sent that
<br />letter? The Planning Department. The other thing too, is like it says like, well, shall file a
<br />written request, inform seven days prior to the Commission’s first meeting. You can debate
<br />whether this is the first meeting, the third or the fourth, or whatever. I mean like bottom line is
<br />that there’s like so much interpretations and misinterpretations as far as what the process is. So I
<br />guess all Mr. Gomes is asking is that, fine, if it’s going to be denied then I guess his only
<br />recourse is that after you go through all this contested case hearing, then he’ll just file an appeal
<br />that he was denied a due process. I think for the most part if you look at due process issues, the
<br />concern is more as it relates to the intervening parties, or at least the parties that have, the parties
<br />that are not the applicant. In all of the court cases, not all, but many of the court cases that, for
<br />example, was cited today, you know, they deal like with not the applicant, they deal with other
<br />parties. So if you deny Mr. Gomes an opportunity to be a part of the proceedings, then I guess
<br />the community and everybody else would have to resign and just provide their testimony through
<br />the public hearing portion all over again, unless the record is already there that he can, for the
<br />Commissioners or the hearings officer, just accept whatever is already provided as being the
<br />record. And so having said that -.
<br />AU: Okay. Mr. Gomes, can you raise your right hand. Do you swear and affirm to tell the truth
<br />in front of the Planning Commission today?
<br />J. GOMES: Yes.
<br />AU: Okay. So, microphone please. Please state your name and where you reside and, you
<br />know, will you just explain to us the reasoning for your petition.
<br />J. GOMES: Jeff Gomes. I live in Kaūmana. My reasoning is I’m not sure of what the
<br />procedures are. And, you know, I don’t have an attorney. So I’m still not exactly sure what my
<br />rights are to, I feel like I’m defending my home and my family. And I’m just asking you for the
<br />opportunity to let me be a part of this process. That’s my understanding of what a contested case
<br />hearing is. And I’ve asked Sidney to try and explain it to me. I kind of have an idea of what it is
<br />but I’m not sure. Up until today I thought a contested case hearing was going to be in front of a
<br />court. I didn’t know it was going to be in front of you, until Sidney explained it to me again. So
<br />I want to be a part of the process. I want to be able to ask questions about what was done, what
<br />should have been done. Because I followed the process, I’m part of it. I’m physically, mentally,
<br />and emotionally affected by everything that has been going on, myself, my family and my
<br />neighbors. And I just, I’m asking you to let me be a part of the process, please.
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