2022-01-07 EMC special meeting draft minutes

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representative state their name for the record. If we could have the Kai Ala Partners identify themselves for the record. 1 HENDERSON: Good morning, Commissioners. This is Ritchie Henderson, representing Kai Ala Partners LLC. With me today is my father, Richard Henderson, and our guest iPad for Rich Peterson. KEKAI: Good morning, Commissioners. I am Deputy Corporation Counsel Malia Kekai, representing the Department of Environment Management, actually, the Director, Ramzi Mansour, who is also here. We also have the other witnesses, Antoinette or Toni Nakatani, the inspector of the property and Robin Bauman, Business Manager. ADAMS: Okay, I guess I don't know if I should ask now or maybe later whether Mr. Peterson will be testifying or participating in this meeting as a representative. HENDERSON: No, Commissioner, he is observing. ADAMS: Okay, thank you. Got some housekeeping matters to go through. One thing is I will make some noise, maybe on my phone. Although I tried to make it quiet, we are going to take an early lunch break at 11:00 a.m. So we'll see where we are in the hearing of that and we will break for lunch from 11:00 to 12:15 and then resume the meeting. So if everybody helps me make sure that we get that timing right, Rick Gaffney needs to leave the hearing at that point. I'd like to now announce the standard of appeal. With respect to the EMC's decision today, EMC Rule 7-13 applies, wherein a decision appealed from may be reversed or modified or remanded only if the Commission finds that the Director's decision is 1) in violation of the code or other applicable law or 2) clearly erroneous in view of the reliable probative and substantial evidence on the whole record or 3) arbitrary capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. Moving now to announcements about the exhibits and prepared testimony. The Commission is in receipt of Appellant’s exhibits 1 through 19, with Exhibit 9 being created in error. There's nothing there. And we are also in receipt of Appellant’s Exhibits A through N. I'd like to ask the DEM parties whether they have gotten their copies of those Appellant exhibits. NAKATANI: I have received mine. MANSOUR: This is Ramzi Mansour, I did receive mine as well. BAUMAN: This is Robin Bauman. I have received mine as well. ADAMS: Okay. So, Robin Bauman, you're also a participant, and we missed you when we were recording who was here. So the commissioners, have you all received the full extent of the Appellants’ exhibits? 1 Unless otherwise noted, “HENDERSON” means Richard “Ritchie” Henderson II 3