2024-07-22 Email Daryn Arai Black Sand Beach Response Letter

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Honorable Dennis Lin July 22, 2024 Page 2 It was moved by Vice Chair Daniele to grant standing to Association of Apartment Owners of Colony 1 at Sea Mountain as their interest is clearly distinguishable from that of the general public, and that even though they do not have an interest different from the public, that the proposed action will cause them actual or threatened injury. Commissioner Perrin seconded the motion. [SEE YOUTUBE TIMESTAMP 5:54:04] In discussion, Commissioner De Luz recommended that Mr. Silva, the representative, be noted for the record to have valid authority to represent the Board and the owners of the complex. Chair Lin clarified that the issue is that the petition for standing in a contested case hearing was not filed by the Board but by a Managing Agent, Anthony Gand. Chair Lin asked if Mr. Gand had any position on the Board. Mr. Silva responded that Mr. Gand does not have a position on the Board and that he is the property manager. Chair Lin then asked if there was Board authorization for Mr. Gand to file the petition. Mr. Silva responded that there was such authorization. It was confirmed the Board authorized the petition be filed by Mr. Gand and the authorization was not provided with the petition. [SEE YOUTUBE TIMESTAMP 5:57:14]A roll call vote was taken on the motion to grant standing for Association of Apartment Owners of Colony I at Sea Mountain, but it did not carry with three ayes (Daniele, Perrin, and Balog) and two noes (De Luz and Lin) and one excused(Kusch). [SEE YOUTUBE TIMESTAMP 6:00:03]No subsequent motion was made by the Commission and Chair Lin stated standing is denied and the Commission's decision may be appealed pursuant to Hawai`i Revised Statutes Chapter 91-14. I appreciate the WPC and Planning Department's trepidation may be the result of a belief that an affirmative vote to deny Colony I's petition was necessary. Such a vote to deny standing when an affirmative vote to grant standing fails, is neither required by Roberts Rules of Order, or the plain reading of Rule 4-6 of the Rules of Practice and Procedure of the County of Hawaii Planning Commission ("PC Rules"). Robert's Rules of Order Robert's Rules of Order provides that all motions must be disposed of in one of the following ways: 1. Passed 2. Defeated 3. Tabled 4. Referred to committee 5. Postponed indefinitely Clearly, the motion to grant Colony I standing was not tabled, and even if it was, it cannot be brought back since the May 6 meeting was adjourned (and not recessed), and tabled matters may only be "taken off the table" at the same meeting. Similarly, there was no action by the WPC to refer the matter to committee or to postpone indefinitely. This means the motion 3335914v1