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am I just spinning my wheels here because nothing seems to be flowing according to the rules. I
<br />mean, there clearly is, and I heard you Mr. Gonzales say, parking problems can always be
<br />worked out for, for farmers markets. Did anyone take into consideration that the Fire
<br />Department is right there? If there’s a fire when the fire, farmers markets going on, we’re all in
<br />big trouble in Hawaiian Acres, cause we’re gonna to have to move a whole bunch of cars just to
<br />get to a water tank. I mean, there are many, many issues here. They’re not being carefully
<br />looked at. Just that photograph alone that I’ve handed in to you folks today over the parking.
<br />There is no parking there. There is no second location. There is no place for a farmers market.
<br />If anyone was to go out and look at the site, it doesn’t exist. It was backfilled property that
<br />backfilled without a permit. I mean, there are many, many problems here.
<br />
<br />BRILHANTE: Chair, Chairman, I’m going to object. It seems like the witness is testifying as to
<br />the merits of the case as opposed to the issue in front of us regarding the request by the Board for
<br />her representative to get an informal opinion.
<br />
<br />GONZALES: Um, your application hasn’t been denied or accepted. As Mr. Brilhante has
<br />stated, and I think as the way we understand it, this is all, we cannot proceed without putting you,
<br />the County, all of us at risk because if you don’t get that recommendation from the Board of
<br />Ethics for us, this could all end up for nothing. Am I understanding that correctly?
<br />
<br />BRILHANTE: Pursuant to the rules, that is one of the pending outcomes that could possibly
<br />be—
<br />
<br />GONZALES: I’m not a lawyer, I mean there’s enough of them in the room, but I, you—she can
<br />be your lawyer, I mean, she can be your counselor. We’re just asking her to get a
<br />recommendation from the Board of Ethics.
<br />
<br />KAWAUCHI: I’m glad, Chairman, that you clarified that. The Planning Commission’s position
<br />is that Ms. Tita is entitled to representation. I’m glad that you made that clear for the Planning
<br />Commission. As far as the pending motion, again, you know, you have, you know, you have
<br />your own attorney with you. I’m sure you’ve been properly advised about whether or not
<br />postponing a hearing on the merits of the permit is permissible or not. Whether or not Ms. Tita
<br />has a constitutional or even if Hawaiian Acres has a constitutional right to have their hearing
<br />heard within a timely basis and whether or not even the type of motion that you made would be
<br />in violation of the Sunshine Law. Ms. Tita will have her own position on that. And also whether
<br />or not it’s a violation of her due process rights. So, you know, you’re confronted with a position
<br />by the Planning Director as stated by his attorney, that in order for you to proceed, you have to
<br />go get this letter. Our position, of course, is otherwise. My opinion is you could proceed right
<br />now if you wanted to on her application for standing, and holding that up, you know, delays, the
<br />disposition of that and it also puts the association in potential harm because if our allegations are
<br />correct that there is no certificate of occupancy for that building. If that the permit has already
<br />lapsed, if you’ve got a firehouse that’s not up to code and is being operated, you’ve got parking
<br />problems over there, and if there’s a fire, there could be problems with people getting in and out
<br />of that place, getting Fire, out there to assist the homeowner. If you’ve got all these concerns,
<br />and you also have, my understanding according to Ms. Tita’s prior testimony, is that the farmers
<br />market is currently in operation even though there’s no permit, so you’ve got you know people
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