2013-03-07 Windward Transcript Connections

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So is there sufficient information on the record for the Commission to make an informed decision? The community believes yes! And this is supported by the very fact that you already have a pending motion. So on the judicial thing, which is the second reason, if it’s appealed, as you know, true the outcome sure at this point in time is unknown. But if it is denied, if the Commission denies the c application thease is closed, unless it goes further on appeal, and it probably would be appealed if it’s a denial. And if it’s appealed and the appeal is sustained, as was mentioned earlier, probably the Court would say, Commission, you’ve got to hold a formal contested case hearing. So given all that that has happened to date, now I guess the community is saying why assume that the applicant’s due process would be violated or compromised because of the absence of a formal contested case hearing, perhaps that direction should come from the court. The third item is like what the community is saying is enough, it’s the festering sore. Everybody knows that there’s a great divide between the community and the applicant. There are accusations of bullying and intimidation. There’s negative publicity hurled at each other. There was actually a TRO request, which was subsequently dismissed, being made, was made against one of the residents. The community also feels that it has been yanked back and forth with all kinds of maneuvers ranging from the tag-team of attorneys and now this contested case hearing request. The sore has festered too long and some kind of closure, even temporary, is needed If appealed - during the interim, there will be a needed time for some healing, you know, we all know that time can help heal the wounds - possible opportunity to see if the parties can work together, whether it’s for this site or another location of the school. Going with the contested case hearing now provides the applicant with another bite of the proverbial “apple”, resulting in this sore to continue to fester. The community would be subjected to more stress and the need to give up more of their time, like many of us have had. So, in summary, the essence of a contested case hearing has been met. There was an opportunity, again, the operative term is opportunity, for the applicant and all other interested parties, persons to participate in the hearing process and build their respective records. There is sufficient information on the record for the Commission to render a decision. Theonly missing component is the draft proposed Findings of Fact and Conclusion of Law, and responses or exceptions to this draft by the applicant and others. So, in summary, what the community is really requesting of the Commission, notwithstanding the advice that you’ve been receiving from your legal counsel, is a call for the question, and vote on the motion to deny,and hopefully deny the application without a formal contested case hearing. And then you formally adopt the Findings of Fact and Conclusions of Law after comments or exceptions have been received by the applicant and any other interested persons at a subsequent meeting. And this is a practice that’s common with the Land Use Commission or the Board of Appeals. They make a decision and then there’s the official Findings of Fact and Conclusions of Law. And that’s accepted at the, adopted rather, at the subsequent meeting. Essentially the community is just saying IT’S ENOUGH. So, thank you very much. 12