2021-09-16 Leeward Exh C (Item 2 Clarification of Intervenor Capacity in SMA 21-078 Contested Case)

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VITOUSEK: All the, all of the owners of the apartment have consented to having you represent SMITH: Yes VITOUSEK: okay SMITH: that is correct. VITOUSEK: Thank you. Is there any other questions for Mr. Smith? [No response] Okay, Mr. Pipan, do you have anything to add at this point? PIPAN: Yes. Thank you, Chair[echo]—sorry, bit of an echo thank you, Chair Vitousek, for asking. My questions would basically echo yours. Was there any formal communications or determination ahead of the petition for standing that documented this decision, or is it an after-the-fact kind of piling on? And, you know, each of the members of the, or owners, at the Ala Ka La Condominium had the opportunity to submit their own petitions for standing as well, so if Mr. Smith is representing them each individually, I think they should have had their own petitions in the case or the AOAO should have had some more formal documentation of their request and representation in the matter. VITOUSEK: Deputy Director Darrow, do you have anything that you would like to add here? DARROW: I agree that this is, you know, especially with this situation that Mr. Smith is in, that this isn't a clear, you know, there isn't clear direction for somebody that's going through this process that might not be familiar with it. With that said, the Planning Department doesn't have any objection to allowing standing for the AOAO. In the past when we had contested cases where there were numerous intervenors, if the concerns and issues were the same by all the intervenors, we basically put them together as one intervention, as one contested case petition, because all the issues were the same. Even if all the other association owners submitted, we would probably do the same in this case, because the issues would be clearly the same. Thank you. VITOUSEK: Okay. Commissioners, are there any questions on the standing of Mr. Smith as representing the Association of Apartment Owners? [No response] Okay, is there, someone make a motion to clarify Mr. Smith's capacity in which standing was granted? Basically, seeking a motion to acknowledge that Mr. Smith was granted standing in the contested case to represent the Ala Ka La Association of Apartment Owners. KANUHA: I think, make a motion to grant Mr. Smith representation of the Ala Ka La's Association and for sending contested case hearing. VITOUSEK: Okay. Delilah, does that motion work for our purposes? 3 EXHIBIT C