2012-12-06 Windward Transcript Connections

Home

AU: Commissioner Gonzales. GONZALES: Excuse me. Yes, I have a question. Actually I just want to make this clear. So if we say yes, this gets kicked up to the State Land Use Committee or Commission? LEITHEAD TODD: Yes. GONZALES: If we say no, if we say no, the application dies, they’re going to appeal it -? LEITHEAD TODD: Well, we don’t know that they will appeal it. But I would assume that there’s a likely appeal which would go to Circuit Court. And they would look at whether we had been arbitrary, capricious, whether, you know, we have valid reasons. They would look at all of that in terms of looking at our decision. There are a set of rules that they would look at. But you shouldn’t base your decision on whether there’s going to be an appeal or whether it’s going to the Land Use Commission. You should be exercising independent judgment on whether you believe that this qualifies for a special use permit; and then, you know, vote appropriately. GONZALES: Thank you. AU: Okay, so just to clarify, we are voting, what’s agendized is the continuance to a future meeting with us. Is that correct? DARROW: Correct. AU: Okay, yeah, I thought I heard the conversation it’s a continued meeting to the Land Use Commission. DARROW: Mr. Chairman, the -. AU: It’s a continued meeting to the Windward Planning Commission, right? DARROW: Correct. And the next Windward Planning Commission meeting would be January 10, 2013. AU: Okay. With that said, anybody interested in making a motion? GONZALES: Mr. Chairman, I would like to put forth a motion to continue the application SPP 12- 138 for Connections New Century Public Charter School until the next Windward Planning Commission meeting on January 10, 2013. AU: Thank you. Commissioners, can I have a second? ONO: Second. 25 EXHIBIT D