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2013-03-07 Windward Transcript Connections
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2013-03-07 Windward Transcript Connections
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<br /> <br />GONZALES: I’d like to propose a motion to go into executive session. <br /> <br />ISHIBASHI: Second. <br /> <br />AU: Okay. All in favor, aye? <br /> <br />COMMISSIONERS: Aye. <br /> <br />AU: Opposed? Thank you guys very much. You guys have to leave the room. And we’ll call <br />you guys right back in. Thank you very much. Thank you, guys. <br /> <br />EXECUTIVE SESSION – The Commission went into executive session at 9:51 a.m. The <br />Commission came out of executive session at 10:18 a.m. by a motion made by Commissioner <br />Ishibashi, seconded by Commissioner Gonzales, and unanimously carried by a voice vote of all <br />Commissioners in attendance. <br /> <br />AU: The Windward Planning Commission meeting will come back to order from Executive <br />Session. Staff, can you please give us a quick update, status report, on where we’re at. Is <br />Mr. Arai here? <br /> <br />DARROW: I’ll give the update. Thank you, Mr. Chairman. Again, this is the, in reference to <br />the application for Connections New Century Public Charter School and CBESS for a special <br />th <br />permit application. At our last hearing, I believe it was January 10 the Commission made and <br />seconded a motion to deny the special permit application. At that time Corporation Counsel <br />advised that before voting the Planning Commission needs to follow Planning Commission Rule <br />4-22, which applies when not all members were present at all the hearings. No. 1, Proposed <br />Findings of Fact, Conclusions of Law, Decisions and Order must be served on the parties. No. 2, <br />adversely affected parties have an opportunity to file exceptions and have arguments. No. 3, the <br />Planning Commission is to consider the whole record before making a decision. The Planning <br />Commission Chairman asked Corporation Counsel to prepare Findings of Fact, Conclusions of <br />Law and Decision and Order and to arrange filing a schedule with the parties. And, lastly, the <br />parties had concerns about the proper use of contested case procedures. So Corporation Counsel <br />reviewed the long-standing Planning Commission practice. With that, I’ll direct it to our <br />Corporation Counsel. <br /> <br />AU: Thank you. <br /> <br />TORIGOE: Okay. Mr. Chair? <br /> <br />AU: Yes. <br /> <br />TORIGOE: Yeah. Let me just pick it up from there, just to update you on what I did when I <br />realized that there were some concerns about the contested case procedures. As you know, I <br />guess, the practice of the Planning Commission has been not to allow for application for <br />intervention or for contested cases in these kinds of special permits where it could be denied <br />2 <br /> <br /> <br />
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