2012-02-02 Windward Transcript Graphic

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SONG: Nobody has asked about it. But, I mean, I’ve done it in other cases when there are no trustees where you go to court and you get a trustee appointed. That can be done. KERN: Thank you. Any other questions? Seeing none, thank you. You all may have a seat. Madam Director would you like to speak on what Ms. Song said regarding being able to accept the application? LEITHEAD TODD: Well, I think at this point Ms. Song has raised some legitimate concerns based on the Code. And we should kick it to Corp. Counsel and get an opinion because, I guess particularly since Ms. Song has raised the issue of whether you could have somebody appointed to represent the Trust and possibly the landowner has to submit an entirely new application for just these four parcels. So I think that this matter should be deferred, and we should get Corporation Counsel to weigh in on the application and determine whether it can proceed. And, we’ve never had this actually occur before. But the problem is if you look at the description in the ordinance it refers to all of the parcels. So I don’t know that you can come in and apply for an extension just on behalf of four out of the five. And so I would prefer that we defer the matter, ask Corporation Counsel for an opinion on it, and then let the applicant and the interested party know what the decision is. KERN: Okay. Can I please get the applicant/representative to come forward. Before we speak to the possibilities that we have here, could we clarify who Helen Doi is. I have a letter here from her in 1998. YEH: Helen, and I apologize because I am kind of coming into this relatively cold. I think Helen Doi was one of the original trustees of that Trust that owned Parcel 3. KERN: So the letter basically serves as document consenting to the proposed amendment of the referenced ordinance -? YEH: Correct. KERN: By Finance Holdings which was back in 1998? YEH: Which she was at that time, yes. KERN: Okay. So would you like to speak to the matters at hand? YEH: Yeah, thank you. Yeah, and I understand the Planning Director’s concern. You know, as we’ve articulated, basically, you know, we shouldn’t be held hostage to zoning conditions which really apply, for which we’re seeking only for the parcels in question. You know, from a legal standpoint we’re able to seek a zoning amendment as to the four parcels in question. As a practical matter that’s what we’re doing here. We’re not seeking anything else. And let me just, if I may, let’s say for example, that the Commission decided to go forward with seeking a zoning amendment or extension for just these four parcels. What would remain is Parcel 3 would stand on its own. It still actually carries, it would still actually carry the zoning entitlements, until those were somehow rescinded or a vote, under the prior conditions. From a practical standpoint 13 EXHIBIT A