2013-10-03 Windward Transcript - Hu Honua

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On June 7, 2011Chairman Zendo Kern signed the Findings of Fact, Conclusions of Law, and Decision and Order. On July 6, 2011 a Notice of Appeal was filed by Attorney Steven D. Strauss in the Circuit Count, I’m sorry, that should be Court, of the Third Circuit on behalf of Appellants Bridget Rapoza, The Hilo Project, LLC, Stefan Hagen, Robert and Patricia Ferazzi, Susan Munro and Kerry Glass, Marcus G. Spallek, Raquel Dow, Elaine Munro, and Rosemary Sylvester Gonzalez. The Honorable Greg K. Nakamura, Judge in the Third Circuit Court, of the Third Circuit ordered and adjudged and decreed the following: A - The Special Management Area Use Permit 221 is remanded to the County of Hawai‘i Windward Planning Commission for the narrow purpose of the Planning Commission clarifying Conditions 11 and 12 of its June 7, 2011 Decision and Order, and if necessary to so clarify, conducting further hearings and receiving additional evidence for this narrow purpose. In particular, the Court orders that the Planning Commission expressly determine and issue a supplemental decision in, and order as to whether the Applicant must follow the September 9, 2010, Preliminary Archaeological Inventory Survey by PCSI, which is Appendix “2” to the County’s Answering Brief or a later final AIS accepted and approved by the State Historic Preservation Division of the Department of Land and Natural Resources. And B - The Appellants shall submit their supplemental opening brief on the supplemental decision and order fourteen (14) days after the Planning Commission issues its supplemental decision and order; Appellants (sic) shall respond with their supplemental answering briefs fourteen (14) days after service of the supplemental opening brief. And C - The Court will hold oral argument on the points by the supplemental opening and answering briefs on Thursday, October 31, 2013 at 9 a.m. STRAUSS: Jeff, that should read Appellees for B. DARROW: B. STRAUSS: You have Appellants twice. B is Appelles respond. DARROW: I’m sorry. Thank you for that clarification, if you folks caught that. This concludes the presentation but I did want to bring to your attention that the Applicant has submitted and it has been passed out to the Planning Commission and to the other parties, a supplemental, a proposed Supplemental Findings of Fact, Conclusions of Law, Decision and Order and Certificate of Service. So that’s with each of the parties at this time. With that, that concludes our presentation. Thank you. GONZALES: Thank you, Mr. Darrow. Commissioners, any questions for staff? Thank you. At this point, Commissioners I’d like to ask for a motion to go into executive session, pursuant to Hawai‘i Revised Statutes Section, 92-5(a)(4) to consult with the Corporation Counsel, Deputy Corporation Counsel on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities and liabilities. So, anybody? Motion please. MOSES: I make a motion to go into executive session. 3 EXHIBIT B