2024-12-11 Request for BOA Hearing Transcript for the December 13th Hearing

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County of Hawai'i 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96720 Phone: (808) 961-8251 Fax: (808) 961-8622 Email: sylviaa.wan@,hawaiicounty.gov CONFIDENTIALITY: The information contained in this message is intended for the sole designated recipient(s) and may contain privileged and confidential attorney-client communication(s). If you are not the person named above NOTICE IS HEREBY GIVEN that you are STRICTLY PROHIBITED from reading,reviewing, disseminating and/or copying this document. Please notify this office immediately if you have received this message in error and please delete this e-mail and destroy any hard copy that may have been inadvertently printed. THANK YOU. From: Derek B. Simon <dsimon@carlsmith.com> Sent: Friday, December 6, 2024 3:38 PM To: Wan, Sylvia A<SylviaA.Wan@hawaiicounty.gov> Cc: Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Kenneth R. Kupchak<krk@hawaiilawyer.com>;Toren K. Yamamoto<tky@hawaiilawyer.com>; Patrick K. Wong<pwong@carlsmith.com>; Ian R. Wesley-Smith <iwesley- smith@carlsmith.com>; Cynthia Y. Arashiro<carashiro@carlsmith.com>; Hirayama, Emily <Emily.Hirayama@hawaiicounty.gov>; Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov>; 'Mark M. Murakami' <mmm@hawaiilawyer.com>; Planning Board of Appeals<boardofappeals@hawaiicounty.gov> Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104& 105) Hi Ms. Wan: Thank you very much for the quick response on Tuesday. We understand BOA's position and agree that BOA Rule 1-5(h) does not require transcripts for BOA meetings"unless otherwise required by law." However, because this was a contested case hearing that will be appealed to the Circuit Court, we do believe that an official transcript should be prepared and included with the record on appeal. Note that HRS§91-9 provides that "[i]t shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review." Based on our direct experience, we also believe that Judge DeWeese, who is presiding over the underlying lawsuit and will presumably preside over any appeals from the contested case hearing, will expect an official written transcript. I am attaching an email exchange between Deputy Corporation Counsel Steven Idemoto and Judge DeWeese's clerk from another case handled by our firm, which also involved an appeal from a decision by the BOA. Mr. Idemoto had written to Judge DeWeese's chambers to request additional time for the parties' briefing schedule so that a written transcript could be prepared to supplement the record on appeal (which already included the BOA's minutes and the YouTube video of the hearing). Judge DeWeese's clerk responded by noting that the court had already planned on issuing a sua sponte order directing the County/BOA to have a transcript prepared to comply with the court's order for transmission of the record. Judge DeWeese apparently reads HRCP Rule 72 to require the BOA to prepare an official written transcript as part of the record on appeal. The clerk also noted that the court does not have time to review hours of YouTube videos. Given this, we respectfully renew our client's request that an official transcript be prepared and included in the record on appeal. A written transcript will be to the benefit of all parties, and it would be better to do it now than to have it ordered after-the-fact when were are before the Circuit Court. Thank you again, 2