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restored or audio only communication is established after an unsuccessful attempt to restore <br />audio visual communication. If it's not possible to reconvene the meeting as provided within 30 <br />minutes after an interruption to communication, the meeting will be in recess and we'll <br />attempt to reconvene at 1:00 in the afternoon using the same meeting IDs listed in the agenda. <br />If at that time a quorum or remote members and the in-person members are unable to <br />establish and maintain at least an audio only connection by 1:15, then the meeting she'll be <br />automatically terminated. All the commissioners definitely need to be showing their presence, <br />but we may have to ask guests to cut their camera. <br />I would like to introduce the commissioners that we have. I don't know if everybody sees the <br />same line up on their screen that I do, but I'll start in the corner with our in-person <br />Commissioner Lee Macintosh. He represents District 6. I am Georjean Adams. I represent <br />District 9. I'm also the chair of the Commission. Next to me is Keyra Wong, our Deputy <br />Corporation Counsel for the EMC, the Environmental Management Commission. Then we have <br />Dee Fulton, Commissioner for District 7. Our vice chair, Commissioner Rick Gaffney, is in the <br />second row, and then the third row we have John Burns, who is Commissioner for District 1. <br />And did I miss anybody? That's the Commission and we have quorum with five of us to be able <br />to do this hearing. And we'll work through some of the requirements as we move through. Just <br />a reminder, everybody turn off your cell phones. <br />2. PUBLIC STATEMENTS ON ITEMS ON THE AGENDA <br />ADAMS: Next up is public testimony. We received no written testimony that I'm aware of, but if <br />any of the public present on this call would like to give testimony on the agenda, which is the <br />single item of the contested case hearing, please identify yourself now. <br />Seeing no one wishing to give public testimony, I will close the public testimony. <br />3. NEW BUSINESS <br />Kai Ala Partners LLC appeal of the Director’s decision to bill two wastewater accounts for <br />TMK (3) 7-5-019:018 and (3) 7-5-019:026. <br />ADAMS: Next will be the agenda for the meeting, which is contested case hearing of Kai Ala <br />Partners LLC appeal of the Director of Environmental Management’s decision to bill two <br />wastewater accounts for TMK (3) 7-5-019:018 and (3) 7-5-019:026. This contested case hearing <br />is being held in accordance with Chapter 91 of the Hawai‘i Revised Statutes and Part 3 and 7 of <br />the Environmental Management Commission Rules of Practice and Procedure. The issues <br />involved in this case will be Kai Ala Partners LLC’s appeal of the Department of Environmental <br />Management Director's decision to bill two wastewater accounts for those TMK numbers. This <br />hearing was set pursuant to Kai Ala Partners LLC appeal dated October 12, 2021. <br />The Commission anticipates that we may convene an executive meeting regarding this <br />contested case hearing matter pursuantto Hawai‘i Revised Statutes, Section 92-5, for the <br />purpose of consulting with its attorney, Keyra Wong on the Commission’s powers, duties, <br />privileges, immunities and liabilities. That would require a two-thirds vote of the commissioners <br />present at this meeting. I would like at this time to have each party and/or their legal <br />2 <br /> <br /> <br />