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VITOUSEK: Thank you. One thing I do want to add here is, Mr. Pieri, I would appreciate it if <br /> you would be more respectful of the Planning Department staff. I know they are doing their best <br /> job and, you know, they are entitled to their expert opinion. <br /> KERN: And just a(indiscernible—echo) <br /> VITOUSEK: Go ahead. <br /> KERN: Thank you. To that point, my hope here, and I think most folks know me, I'm a <br /> try-to-find-a-balance guy, work-together guy, try to find a way forward. That's what I would <br /> like to try to maintain here as well that, you know,we can work together in a manner that's <br /> positive. What has been in the past is in the past. Let's move forward in the best possible <br /> manner we can. That's going to be the stance of the Planning Department, period. Thank you. <br /> VITOUSEK: Commissioner Carr Smith, are you, do you have any further questions? (No <br /> audible response) Commissioner Kealoha, any questions? (No audible response) <br /> Okay, I have a few questions. Mr. Pieri, the comment that you made about the AIS being taken <br /> care of, is that, did you receive an approval of the archaeological inventory survey from the State <br /> Historic Preservation Division? <br /> PIERL (Inaudible—microphone on mute) <br /> VITOUSEK: You are on mute. <br /> PIERL I just got an email yesterday from Sean and Susan Lebo finalizing the situation. And I <br /> can forward the email, I can print it and fax it, I can do whatever you want, but, yeah, the <br /> situation with the SHPD is resolved. <br /> And I would like to say that when misstatements of fact are made, the rest of the commission <br /> hears these misstatements of fact. They have to be corrected, or this is not an open meeting. <br /> Thank you. <br /> VITOUSEK: Again, the question is whether you received approval of the archaeological <br /> inventory survey in a form of official correspondence from SHPD. (No audible response) Alex, <br /> go ahead. <br /> ROY: About two days ago we received a letter from State Historic Preservation Division, which <br /> did determine that no historic properties would be affected, and that the AIS was accepted. But <br /> that was completed only a couple days ago. <br /> VITOUSEK: Thank you. My next question would be, Mr., to I guess a combination of Director <br /> Kern and Mr. Pieri, I see the settlement agreement that was established after the shoreline <br /> setback violation, but also we had correspondence indicating that the easement was never <br /> formalized, the public access easement wasn't formalized. Is there a formal public access <br /> easement over this space? <br /> 19 <br /> EXHIBIT A <br />