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

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LEEWARD PLANNING COMMISSION COUNTY OF HAWAII DISCUSSION TRANSCRIPT SEPTEMBER 16, 2021 A regularly advertised discussion on the CLARIFICATION OF INTERVENOR CAPACITY GRANTED ON JUNE 16, 2021 (SMA 21-000078 CONTESTED CASE) was called to order at 12:38 p.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Shani Armbruster, Barbara DeFranco, Clement"CJ" Kanuha III, and Faith"Faye" Yates ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Jessica Andrews (Planner), and Noriko Sauer(Commission Secretary) APPLICANT: JEKATERINA MYSIN (SMA 21-000078) REGARDING CONTESTED CASE PROCEEDING: CLARIFICATION OF INTERVENOR CAPACITY GRANTED ON JUNE 16, 2021 Discussion and Clarification of the capacity in which standing was granted by the Commission to George Smith, as intervenor in the contested case proceeding. Specifically, whether George Smith was granted standing as an individual, or on behalf of the Ala Ka La Association of Apartment Owners. VITOUSEK: Item number 2 is unfinished business, the applicant, application Jekaterina Mysin, SMA 21-000078, regarding contested case proceedings, clarification of intervenor capacity grounded on June 16, 2021. Discussion and clarification of the capacity in which standing was granted by the Commission to George Smith, as intervenor in the contested case proceeding. Specifically, whether Mr. Smith was granted standing as an individual, or on behalf of the Ala Ka La Association of Apartment Owners. The sole issue that needs to be addressed today is whether Mr. Smith has standing as an individual or on behalf of the Ala Ka La Association of Apartment Owners. Mr. Smith initially submitted his petition for standing under his name on February 22, 2021, which was deemed incomplete without payment. His subsequent petition filed on March 23, 2021, was complete and accepted, and that petition was by "George Smith, President Ala Ka La AOAO," Association of Apartment Owners. The Commission voted to grant Mr. Smith standing in the June 16, 2021, hearing; however, neither the discussion nor motion clearly recognized his intended capacity. Therefore, it's necessary to determine and clarify the record as to the capacity in which the Commission granted his standing. This was brought up by our corporation counsel, and we issued a letter on August 17, 2021, requesting clarification of this issue. Mr. Smith has had the other Association of Apartment 1 EXHIBIT C