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The live-stream meeting was placed on hold and at 11:32 a.m. the Commission went into <br /> executive session. [NO TRANSCRIPT AVAILABLE/At 11:58 a.m. the live-stream meeting <br /> reconvened. <br /> Action: It was moved by Commissioner Clarkson and seconded by Commissioner Galimba that <br /> the application for Special Permit No. 12-000138,be continued for new evidence related to <br /> public trust issues and other factual issues relating to the permit application. A roll call vote was <br /> taken, and the motion failed with two (2) ayes (Clarkson, Galimba) and three (3)noes (Au, Lin, <br /> Replogle). <br /> It was moved by Commissioner Lin and seconded by Commissioner Au that the application for <br /> Special Permit Docket No. SPP-12-000138 be approved and a favorable recommendation be <br /> forwarded to State Land Use Commission based on the Planning Director's recommendation, <br /> which shall be adopted. A roll call vote was taken, and the motion carried with four(4) ayes <br /> (Lin, Au, Galimba, Replogle) and one (1)no (Clarkson). <br /> It was moved by Commissioner Au and seconded by Commissioner Galimba that the adoption of <br /> the written Findings of Facts, Conclusions of Law, and Decision and Order be continued to the <br /> next scheduled meeting in November for the approval of Special Permit Docket No. 12-000138. <br /> A roll call vote was taken, and motion carried with five (5) ayes (Au, Galimba, Clarkson, Lin, <br /> Replogle). <br /> The hearing item ended at 2:03 p.m. [SEE HEARING TRANSCRIPT EXHIBIT EJ <br /> AGENDA ITEMS FOR NEXT MEETING <br /> At 2:03 p.m. Chairman Replogle asked staff how many agenda items are on the next meeting <br /> agenda. Planner Christian Kay said with the consideration of the Findings of Fact there will be <br /> three (3) items on the agenda. He stated there is a Planning Director initiated repeal of a <br /> rezoning ordinance, and a State Land Use Boundary Amendment for an affordable housing <br /> project and the consideration of the Findings of Fact, Conclusions of Law and Decision and <br /> Order for Connections. <br /> ANNOUNCEMENTS <br /> At 2:03 p.m. Chairman Replogle said the next Windward Planning Commission's monthly <br /> meeting will be scheduled for Thursday, November 4, 2021, by interactive video conference via <br /> Zoom. <br /> Commissioner Au asked staff about the timing of adopting a conflict-of-interest and recusal rule <br /> for the Planning Commission. Ms. Jackson stated the issue is the Department is trying to <br /> schedule the rule amendment he mentioned at the same time as the rule amendments for Special <br /> Management Area(SMA) related to Act 16. She said logistically it is difficult to have a Joint <br /> Commission meeting and currently the Department has the Act 16 rule changes scheduled for <br /> early next year. Commissioner Au stated in the economic environment we are in now a rule <br /> should be set and he was surprised in the prior years he served on the Commission there was no <br /> Page 4 of 5 <br /> Windward Planning Commission <br /> October 7,2021, Minutes <br />