PL-SMA-2022-000018, PL-SPP-2022-000018 02.15.23 EMAIL DEFER MEDIATION

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Maija: This will confirm that the Petitioners concur and join in the Applicant's request to continue the 30 day mediation period until after the March 16, 2023 meeting of the Leeward Planning Commission. As Mr. Fuke stated, the parties are discussing the Petitioners' concerns with the application in an attempt to reach an information resolution. With respect to the potential mediators, the Petitioners would prefer to use West Hawaii Mediation Service since this matter and most of the parties or their representatives are on the West side of the island. Please let me know if you have any questions and thank you very much. Ed Edmund W.K. Haitsuka, Esq. AITUA EELS LLP 75-1000 Henry Street, Suite 208 Kailua-Kona, HI 96740 Tel. No. (808) 326-7300 Fax No. (808) 326-7725 ewh@hdkona.com IMPORTANT/CONFIDENTIAL: This message from the law firm of Haitsuka Degele LLP, a Hawaii limited liability law partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me(the sender) by replying to this email, then promptly destroy the original message. Thank you. From: sidneyfuke@gmail.com [mailto:sidneyfuke@gmail.com] Sent: Friday, February 03, 2023 4:42 PM To: 'Jackson, Maija' <Maija.Jackson@ hawaiicounty.gov>; ewh@hdkona.com; charlie@bigisle.com; 'Hawaii Island Retreat' <6eansunderland2@gmail.com>; 'Kern, Zendo' <Zendo.Kern@ hawaiicounty.gov>; 'Campbell,Jean K' <JeanK.Campbell@hawaiicounty.gov> Cc: 'Ley, Rachel le' <RachelIe.Ley@hawaiicounty.gov>; 'Moylan, Nicole' <Nicole.Moylan@hawaiicounty.gov> Subject: RE: Mediation Conference for Ahu Pohaku Ho'omaluhia LLC SMA and SPP Amendment Application; PL-SMA- 20220000018 and PL-SPP-2022-000018 Hi Maija, As verbally noted near the conclusion of the Windward Planning Commission meeting on this matter, the applicant would be meeting with the contestants' attorney, Mr. Haitsuka in the hopes of arriving at an understanding and thus obviating the need to enter into the mediation process, and, if needed, contested case proceeding. Along those lines, Mr. Haitsuka provided me with a list of his clients' concerns earlier this week. The concerns were subsequently discussed with the applicant, and Mr. Haitsuka and I met today to discuss them. While ideas were exchanged, understandably they have to be vetted by his clients and Ms. Sunderland. We will be meeting again next week Friday after the vetting. On behalf of the applicant, we are hopeful that an agreement—at least in concept- can be forged by the end of February. If not, we will have to proceed with the negotiation process. Accordingly, and subject to Mr. Haitsuka's concurrence, we respectfully request that any mediation occur be deferred until after March 16, the date of the next scheduled LPC meeting. If needed, the 30-day mediation period can commence from that date. Please note that Rule 4-1 Purpose provides the opportunity for such a deferral/continuance, as mediation is part of the contested case process. That provision notes as follows: 2