2016-01-07 Hearing Transcript - Arrow SPP 09-076 & Rodrigues SPP 15-178

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Neglect to Prevent USC 42, 1986. Everyone who having knowledge that any of the wrong conspired to be done or are about to be committed and having powers to prevent, the aid preventing the commissions of the same, neglect to refuse to do, if such wrongful act be committed, shall be liable to the party’s injury. For me, I’m a—under article 12, section 7 that I’ve seen in the brief that was given to us and—I have vested rights under the Constitution. I have vested rights, interests to the land, whether mineral rights or what have you. And, all men decide whether they want to participate in institutions of man or not. The United States Supreme Court confirmed this when they said every man is independent of all laws except those prescribed by nature. All those except nature. So, we—we’re disrupting nature here. It’s not just in commerce and corporations. We are disrupting nature here. We live there. I don’t know how many people came up there and see all the, all the destruction was, was done on our place. And all the dust and crap that we breath every day. My grandchildren are sick from that. They have asthma problems. There’s no dust control. There’s no—I tell you, you guys don’t live there. My house is dirty every single day. My son has his house below us. And— SHELDON: —Time is up— DANCEL: —well, just try to bear in mind, if you folks were living in my house, how would you folks feel? It’s right directly across the street. It’s not far from—it’s like from here to that building right across the street. It’s not that far. Mahalo. Mahalo for your folks’ time and God bless you all and may the Lord have mercy on our souls and our decisions that you folks are gonna make. Thank you. HENKEL: Thank you, Mr. Dancel. Now, Debbie Sheldon, will you please raise your right hand, and do you affirm to tell the truth on this matter now before the Planning Commission? SHELDON: I do. HENKEL: Please state your name and the area you reside in. Limit your testimony to three minutes and speak into the microphone. SHELDON: Thank you. Aloha Raylene, Gregory, Danny, Myles, and Donald. It’s very nice to be in front of you today. Unfortunately, for this reason, but Mr. Rodrigues there is my friend. We worked together many years. He’s been very good, but unfortunately, this issue, I no longer want to see the mountains destroyed. But, you have my letter. My letter’s very clear. I did not submit with the letter, the pictures did not go through so I would like to share these pictures with you. This is what it looked like before. \[Secretary’s note: Photos were circulated among Commissioners.\] I grew up there in Ocean View. It was a wonderful mountain. I could run over it. There was lots of dirt, gardens, beautiful trees—ʽŌhiʽa trees. Lots of macadamia nut trees. Unfortunately, people come in for profit and gain. They destroy all that. 5 EXHIBIT C