2013-08-01 Windward Planning Commission Minutes

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ADMINISTRATIVE MATTERS – The Commission took up the following at 11:26 a.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council – Mr. Arai did not have any updated reports to present to the Commission. 2.Status of Contested Case proceedings for Connections New Century Public Charter School/CBESS Special Permit Application No. 12-000138 (SPP-12-138) – Mr. Arai noted that Hearing Officer Sandra Song will be scheduling a prehearing conference for all the parties to set the hearing dates, determine the scope of the hearings, etc. ANNOUNCEMENTS – The following announcements were made at this time, 11:27 a.m. th Next Meeting - Mr. Arai said the next meeting is tentatively scheduled for September 5 (meeting subsequently cancelled). HCPO – Mr. Arai announced that the Hawai‘i Congress of Officials Conference is set for September 18-20, 2013 and asked those interested to please inform him of their attendance. Connections New Century Public Charter School/CBESS Special Permit Application No. 12-000138 (SPP-12-138) - Commissioner Ono requested an executive session, raising the question why the Commission hired a hearings officer when the Commission’s role was advisory to the County Council. Mr. Arai clarified that the applicant is requesting a Special Permit of which the Commission is the final body and not advisory to the Council. Ms. Masunaga said as this was not an agendized item, the Commission could request the Chair to schedule it for a future meeting, to which Commissioner Ono stated he would not be present for the next two meetings. The Chair called a short recess at 11:31 a.m. and the Chair reconvened the meeting at 11:35 p.m. The Chair stated that because this was not an agenda item, a motion would have to be made and passed by a majority vote of all members in attendance. Mr. Arai pointed out that even though it is not listed as a specific agenda item today it does state that the Commission will consider the status of this application, clarifying that the executive session would be to consult with their attorney regarding the matter of Connections New Public Charter School/CBESS special permit application. It was then moved by Commissioner Ono and seconded by Commissioner Moses that the Commission go into executive session to address Item No. 2 under administrative matters. There was no discussion. A roll call vote was taken and motion carried with six ayes (Ono, Moses, Gonzales, Henkel, Miyasato and Ishibashi) and one no (Heaukulani). A short recess was called at 11:37 a.m. and the Chair reconvened the meeting at 11:42 a.m. The Commission decided to retake a vote on the motion for an executive session after Commissioner Henkel disclosed that he is an employee of the school as a program specialist in their makery program. Commissioner Henkel stated he would like to participate in the executive session and stated he felt he could act in an impartial manner. Ms. Masunaga opined Commissioner Henkel should recuse himself from participating in this matter as he is an employee of the school and he has a direct financial benefit if the application is approved. Commissioner Henkel felt his disclosure was similar to the disclosure Chair Ishibashi made regarding the University rezoning on today’s agenda, adding his vote on the executive 5