COM 1077.001 2018-2020 - Laserfiche WebLink

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VAN PERNIS: —I can be fair and impartial, and the information in this write-up was all contained, all contained, all the facts were contained in the information submitted by the applicant - - - etcetera. I don't think it's improper for me to say I drive these streets and this is what I observe. Other people here have talked about what they have experienced in Waikoloa. I think that our job is to represent the people of Kona, not the developer. CARR SMITH: The developer is also a resident of Kona. I don't think that's the issue here. And maybe it's not, even if it's not, property owners have rights. And so I think our job here is to listen to the staff recommendation, listen to the applicant, listen to public testimony and make a decision based on that, not, not based on an email from you outside of the: meeting. Mike, go ahead. VAN PERNIS: I am a commissioner, I think I'm entitled to my opinion— CARR SMITH: You are, within the— VAN PERNIS: —and express it. I sought expertise from the staff and cqunsel on how to disseminate at virtual meetings - - - CARR SMITH: - - - VAN PERNIS: - - - virtual meeting.Jt wouldn't have happened, if this meeting was live - - - virtual - - - this at a live meeting. I handed it out -to save time at a real meeting. VITOUSEK: This— CARR SMITH: Go `ahead, Mike. VAN PERNIS: = - VITOUSEK: I just want to .say that; .Commissioner Van Pernis, I personally don't have an issue with the method in which the information was distributed to us. I think, you know, getting it run by corporation;counsel and sending an ema*I-with your opinions in advance of the meeting, I don't, I personally don't have a problem -with that -aspect of it. My concern is the content of the material. And, you know,` I- would be comfortable moving forward, if that were stricken from the record, the material relating to -your, private, investigation call with Mr. Rapoza and, you know, the information about the previous deposition..ori a'previous judgment; I don't think that material is appropriate to discuss with Commissioners:' I -don't mind you sharing your opinion via email. To me, it's about the content, and I don't think that content is appropriate. VAN PERNIS: I think I - - - to investigate, but I would agree to have stricken two, that those portions be stricken. I - - - asked Mr. Rapoza whether he would be here so I could talk to him or question personally; he said he was putting it on record, and he said he was not going to be here. So how else was I to get it? fA DRAFT