2016-09-15 Leeward Exh B (SMA 16-063)

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ARAI: Very briefly. We do not have a PowerPoint presentation for you today, but at the same time I’m not going to speak extensively by chapter over us regarding the particular process; that has been outlined to you in the background report that was provided by the Planning Director. st As you may recall, back in your meeting of April 21 of this year where the applicant, the request by the applicant, Ocean Villas at Kahalu‘u Bay LLC, was heard by the Commission, and at that meeting standing for intervention was granted to Paula McMichael. The Commission at the particular meeting also, in addition to granting standing to Paula McMichael, also assigned the matter to a hearing officer to conduct the proceedings. And at your direction we have done so by going through the process of selecting a hearing officer in accordance with the Hawai‘i Public Procurement Code, Section 103D, Hawai‘i Revised Statutes. As noted in the background report, there were three particular companies on the County’s professional services list, and in accordance with the procurement process the law firm of Crudele & De Lima was selected to conduct the proceedings as directed by the Planning Commission. So with that, I just wanted to briefly bring you up to date. And again, this matter is scheduled today before you because of objections raised by the intervenor, Paula McMichael, in her letter dated August 16, 2016, copies of which have been provided to you. UNGER: Commissioners, any questions to staff? I’d like to call the petitioner Ms. McMichael up at this time. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? MCMICHAEL: Yes, I do. UNGER: Thank you. Please state your name and residence for the record. MCMICHAEL: Paula McMichael, Kailua-Kona. UNGER: Thank you. At this time this is your opportunity to comment on your objection. MCMICHAEL: First of all, mahalo to the Planning Department to acknowledge my objection regards to the process for the selection of the hearing officer, and now being able to address this matter with the Leeward Planning Commission. I received the attach yesterday, and also I added “9.21 Hearing Officer. The Commission may authorize a hearing officer to conduct a hearing.” And I would like to request if at all possible for the Leeward Planning Commission to select, and I hope the Planning Department won’t object. Number 2 is Sherry Broder; she is on the list of three, the County 2015-16 professional service listing for hearing officer. And the reason: She is independent, and I was able to look her up and her particular background, and she represented the Dana Ireland case, which was a longtime standing conflict of interest here on the Big Island; Sherry also worked with OHA; and on one site her rating was ten out of ten stars; she is from O‘ahu, and I feel that there would be no conflict of interest. And if she is not available, Number 3 is Rosehill & Associates of Honolulu. And I do not have any issues or objection whatsoever to the negotiation of the contract by the Deputy Planning Director. 2 EXHIBIT B