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

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4-1 Purpose This rule governs contested case procedure before the Commission whenever it is required by law,provided that any procedure in a contested case may be modified or waived by stipulation of the parties, and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. This procedure shall be used in all cases where the action of the Commission is the final action of a County official or agency, prior to the opportunity for appeal to Third Circuit Court, whenever it is required. It shall therefore be followed in all cases where State statutes provide for direct appeal from the Commission to Third Circuit Court. (Underscore added) As for the potential mediator, we have no objections to anyone of them. I do, however, need to acknowledge that I know both Ms. Mitchell and Ms. Raznov. Thank you very much! Sid From:Jackson, Maija <Maiia.Jackson@hawaiicounty.gov> Sent: Friday, February 3, 2023 2:54 PM To: ewh@hdkona.com; charlie@bigisle.com; Hawaii Island Retreat<6eansunderland2@gmail.com>; Sidney Fuke <sidneyfuke@gmail.com>; Kern, Zendo<Zendo.Kern@hawaiicounty.gov>; Campbell,Jean K <JeanK.Campbell@hawaiicounty.gov> Cc: Ley, Rachelle<RachelIe.Ley@hawaiicounty.gov>; Moylan, Nicole<Nicole.Moylan@hawaiicounty.gov> Subject: Mediation Conference for Ahu Pohaku Ho'omaluhia LLC SMA and SPP Amendment Application; PL-SMA- 20220000018 and PL-SPP-2022-000018 Aloha all, I am writing to inform you of the parties to the contested case hearing for the above-referenced application and to assist in scheduling a mediation conference. The purpose of the mediation conference is to see if the parties can come to agreement. If an agreement cannot be reached during mediation, I will proceed with scheduling the contested case hearing in the future. The parties to the contested case hearing are as follows: County of Hawaii Planning Department: Zendo Kern, Planning Director represented by Deputy Corporation Counsel Jean Campbell (zendo.l<ern@hawaiicounty.gov) (jeank.campbell@hawaiicounty.gov) Applicant:Ahu Pohaku Ho'omaluhia LLC represented by Sidney Fuke (Jeansunderland2@gmail.com) (sidneyfuke@gmail.com) Intervenors: 1) Charles A.Anderson, Trustee of the Charles A.Anderson Trust represented by Edmund Haitsuka, Esq. (charlie@bigisle.com) (ewh@hdkona.com) 2) EWM Enterprises, LP, by and through Charles A. Anderson represented by Edmund Haitsuka, Esq. 3) Kohala Makani Kai, LLC, by and through Charles A. Anderson represented by Edmund Haitsuka, Esq. Before beginning the contested case proceedings, Planning Commission Rule 4-6(i) states the following: Mediation.All Parties to a contested case proceeding shall participate, in good faith, in one mediation conference, the length of which shall be determined by the mediator. The mediation conference shall be held within thirty days of the granting of an intervention by the Commission.A mediator shall be selected jointly by the parties or appointed by the Commission if the parties fail to agree. The mediator shall not be the person appointed as the hearings officer for the contested case proceeding. The cost of the mediation conference(s)shall be borne by the Department. No agreement reached as a result of mediation shall result in an improper delegation of powers of the Commission or prevent the Commission from making the final decision in the matter. I have attached a list of mediation services from the County's professional services list. Please select your top choice. When responding, please select"reply all"so that all parties receive the emails. Once the parties have reached agreement on a mediator I will schedule the mediation conference. If an agreement on selection of a mediator cannot be made, then the Leeward Planning Commission will choose a mediator. Once a mediator is selected by the parties, 3