2008-07-10 TCAMPBELL - Laserfiche WebLink

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WATANABE: No, 1:30. We’re not going to make it at 12:30. Okay, so we’ll reconvene at 1:30 to begin our formal contested case hearing. Just for the record, we don’t have anyone else, I assume, who wants to testify on this? Okay, fine, thank you. Let the record reflect no one else wanted to testify. RECESSED The meeting recessed at 11:59 a.m. RECONVENED The meeting reconvened at 1:43 p.m. WATANABE: Will the meeting now come back to order. Before we begin the process of this contested case hearing, we’ve just received a letter from the Hawaiian Paradise Park Owners Association which brings into a question the process and the question of notice, proper notice. And so while I’d like to proceed, I think it might be advisable for us to convene in executive session so that we can talk this over with counsel and make sure that decisions we make are not based on something that is appealable, and get this all ironed out. So would someone make a motion to break into executive session for the purpose of discussing the notice issue and how far we can proceed with the contested case hearing in question. DOMINGO: Mr. Chairman, with regards to the special permit application of Marta V. Campbell, I move that we go into executive session to discuss issues of notice and other issues that may be there, and this would be on an attorney-client basis. WATANABE: Thank you. We have a motion. Do I have a second on that? ALAMEDA: Second. WATANABE: Thank you, Mr. Alameda. Okay, it has been moved and seconded. All those in favor say aye? COMMISSIONERS: Aye. WATANABE: Any oppose? Okay, then we’ll recess, well, we’re in executive session. I’m sorry for this confusion. EXECUTIVE The Commissioners went into executive session at 1:44 p.m. SESSION and came out of executive session at 1:56 pm. by a motion made by Commissioner Alameda, seconded by Commissioner Domingo, and unanimously carried by a voice vote of all Commissioners in attendance. WATANABE: Okay, will the Planning Commission come back to order. I think we’ve got this pretty much cleared up. It’s a little bit confusing and it’s, I think, unintentional, but apparently notice is really perfected when two notices have been sent, and it has become apparent now because we just received this letter from the Association that the early notice was not sent although the Association was indeed notified within 10 days of this past meeting. So second notice was satisfied but the initial notice was not satisfied.With that in mind and because the Association is or potentially could be a intervenor in this contested case hearing, we’re going EXHIBIT B 26