2011-01-13 Leeward Planning Commission Minutes

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following claims: 1) The Commission failed to comply with statutory rule making procedures in essentially adopting a new rule prohibiting inclusion of conditions that have resulted from negotiations between the applicant and the affected community; 2) even if this prohibition is not a rule, the blanket exclusion of such conditions is a violation of law; 3) the Board of Appeals erred by granting the motion to dismiss for lack of jurisdiction; and 4) County officials violated the appellants’ right to freedom of speech by adopting the policy of exclusion of these aforementioned conditions. She also said that a motion to dismiss had since been filed by the Office of Corporation Counsel on behalf of the County and the Commission, which was set for hearing on February 14, 2011, in Kona at 1:30 p.m. before Judge Strance. William C. Foulk Contested Case (SMA 10-41) – Mr. Darrow gave an update on the continued hearing scheduled for February 16 through February 18, 2011, saying that the parties were in discussion about further continuing the matter until June. He added that the staff was expecting written confirmation of the continuance shortly, and that they would keep the Chair and the Commission apprised. ANNOUNCEMENTS – Director Leithead Todd presented Commissioner Housel who had fulfilled his term as of December 31, 2010, with a certificate of appreciation signed by the Mayor, and thanked him for his service. Commissioner Housel stated that it had been a rewarding experience and a pleasure to serve on the Commission. ADJOURNMENT - There being no further business, the Chair declared the meeting adjourned at 10:54 a.m. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Geraldine Giffin, Chair Leeward Planning Commission 2