2012-05-03 Windward Transcript Circus

Home

KERN: Yes, okay. So name and, go ahead. HONG: Good morning, Mr. Chairman and Members of the Planning Commission. My name is Ted Hong. I represent SPACE. With me this morning is Sue Lee Loy who is a planner in my office, and also Graham Ellis the head of SPACE. What I’d like, well, in beginning this morning, I wanted to paraphrase a lyric from the John Lennon song, Watching The Wheels, “That there are no problems, only solutions.” We’re here this morning to ask the Planning Commission to help my client work on solutions to the problems identified by the Planning Director, so that they continue their mission of educating students and supporting the community. This morning with the Chair’s permission I’d like to make a brief statement, then have Ms. Lee Loy talk about the progress that we’re making on submitting an amended special permit application, and then have Mr. Ellis make a statement, followed by members of the community. I’d like to begin with an overview. On the far board to your left, you know, there are several different entities involved. So what I tried to do is highlight who is what and what particular role they play. So you see that there is a Village Green Society. They actually own the property. They created a land trust under the Bellyacres Land Trust, who is a lessor who leased it to Hawai‘i Volcano Circus, who is a lessee who conducts or has SPACE, kind of a charter school, operate at the site, which is governed by a local school board. First, let me recognize the patience and cooperation of the Planning Director and the Planning Department. We recognize and appreciate her efforts to help my client or guide my client into compliance with the laws. We were hired in August of 2011 because Graham realized, basically he was kind of in over his head and needed help in terms of bringing this project into compliance. We are here this morning because of a misunderstanding. And I apologize that this misunderstanding had got to this point. The anniversary party on February 24 and 25, 2012 was a private party, no different than th a baby luau to celebrate the 25 Anniversary of the founding of the Village Green Society. It was a private party open only to Village Green Society Members, their families, neighbors, and special guests. Donations -. PUBLIC: It had to -. HONG: Excuse me. KERN: Please, we don’t do that here. Thank you. Continue. HONG: Thank you. Donations were welcomed but not required - typical of any nonprofit organization. The Village Green Society called our office to determine whether the anniversary party would violate any of the terms and conditions set by the Planning Department. We asked questions about the event, who would be invited, was it open to the public, was admission going to be charged, what the purpose of the event was? We reviewed the terms and conditions set by the Planning Department. And the question we asked ourselves was does a landowner have a right to hold a private function on their own property. And obviously the answer is “yes.” Whether it’s a dinner party, a Super Bowl party, baby luau or funeral or a wake, Village Green Society, as a landowner, like any of us are entitled to hold a private function on our property. And we told the Village Green Society it was okay to proceed with the function. When the Planning Department told us that tickets were being sold 10 EXHIBIT B