2006-04-07 TAinaloa - Laserfiche WebLink

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TORIGOE:Just to bring you totally up-to-date. First of all, one of the items that hasnt really been mentioned, you know, and you should bear in mind is that although the settlement is down to half a million dollars, I think theres some timing changes that have been made, basically, at this point, that payment would have to be made within one year of the action deleting the condition or upon issuance of the grading permit for the golf course. So the time frame is shortened and has to be paid within that one year time frame, or if theres a grading permit. Ill let the parties have their say with respect to the merits of the settlement and why they believe that the Commission should approve it. If you need to discuss that with me in Executive Session, we have, you know, stated that that could be an option on the agenda. Also, we just received today the filed Order of Remand from the Third Circuit Court which basically officially has sent it back to the Planning Commission under the statutes thatallowsforthesekindsofappeals,HRS91-14.TheCircuitCourtcanremandthe matter for further proceedings to the Planning Commission; and so thats what the Court has done at this point. ALAMEDA:Okay. Commissioner Graham, follow-up? GRAHAM:So, Mr. Torigoe, the fact that the Court remanded it to us is effectively telling us that we mishandled it the first time around? TORIGOE:No, I wouldnt put that spin on it. But its just basically saying that the Court, you know, Courts like to see parties settle and come up with a win-win, whenever possible. And in this case Judge Hara felt like he wanted the parties to try for something that they could agree on that would give everybody something. And, so, the parties came up with this proposal; and, basically, the Judge has just sent it down for you to consider and to approve. If the Commission does not approve it, then the parties will take it back up to Judge Hara and he will, I guess, if hes not able to, he may further try to get the parties to work out something that everybody can live with or he may just go ahead and rule on the appeal. And if you want to hear from me, you know, on some of the, what I think are the merits and legal risks you take if we fail to approve the settlement, then we can have an Executive Session on that. GRAHAM:Thank you. ALAMEDA:Yes, Commissioner Iwashita and then Commissioner Siracusa. IWASHITA:Director Yuens letter talks about the actual settlement agreement being prepared today; and Im just wondering if it has been -. Is there a draft of the proposed settlement that we can look at, written up, so we can look at? I . SONG:Theres an Order of Remand and, unfortunately, the Judge did not give that Order of Remand until, the Judge didnt sign it until today. But as soon as I received it from the Court I brought it over; and I was hoping that your counsel would 5EXHIBIT D