2022-01-06 Windward Exh C (PL-REZ-2021-000008)

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AU: Okay, is everybody back? I'd like to bring back the Thursday, January 6 h Windward Planning Commission back from recess, the time is 10:48 a.m. and I do say that we have our commissioners on. So, I'm going to go ahead and get started on. KEKAL Chair Au? AU: Yes. KEKAL I would just like to since this is kind of a unique situation. I want to get a couple clarifications before we move forward with this agenda item. The first is, is Commissioner Aguinaldo the applicant in this application? If somebody could answer that question to me. ARAI: Yes, he is. KEKAL Okay. Beforehand I need to ask my commissioners then. Does everybody feel that they can be impartial and unbiased while reviewing this application? Does anybody feel they have a problem voting on this application? Okay, I just want to make that clear, as this is kind of an issue of first impression. Commissioner Replogle did you have a question? You're unmuted. REPLOGLE: Yes. I have no doubts about Commissioner Aguinaldo, but I think and I'm not positive on this. But my feeling is that maybe he shouldn't be here while we deliberate. He should be able to answer questions or all that about it, but I don't know that he should be part of that. KEKAL Yes, I agree, I think that he is recused from this proceeding as a commissioner but he is appearing fully as an applicant. Therefore, he cannot participate in discussion and deliberations and voting for this application. So, please "—" as your fellow Commissioner for this next agenda item. Does everybody understand? Okay. CLARKSON: I just have a question. Has there been any development on the guidelines that are process for conflict of interest this last year and, if so, did those guidelines speak to this issue, yet? KEKAL Not at this time, usually this kind of thing would go before the Board of Ethics for them to make a decision on whether there be a conflict but since he's recusing and not also appear as a commissioner. I would guess that there wouldn't be a problem but again I'm not the Board of Ethics so I can't make that decision. But that would usually be the guiding force in this kind of situation. But no, for your original question there hasn't been any new developments or anything that addresses this situation in particular. CAMPBELL: May I jumped in for a moment, this is Jean Campbell in case you can't see me. Malia you were breaking up a little bit when you were telling us about the "—". I understand that Commissioner Aguinaldo is appearing as an applicant and, as such, he should be able to participate during the applicant's presentation. What I heard from Commissioner Replogle was some concern about Commissioner Aguinaldo being present during the discussion. So, could 2 EXHIBIT C