2020-08-20 Leeward Exh C (AMEND REZ 2004-024 & AMEND REZ 2004-025)

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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 counsel on how to disseminate at virtual meetings - - - CARR - -CARR SMITH: - - - VAN PERNIS: - - -virtual meeting. It 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 email 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 on 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? 7 EXHIBIT C