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Home My WebLink AboutPL-SMA-2022-000018, PL-SPP-2022-000018 02.15.23 EMAIL DEFER MEDIATION DeVera, Ashley From: Darrow, Jeff Sent: Wednesday, February 15, 2023 4:06 PM To: Jackson, Maija Cc: Ley, Rachelle; Moylan, Nicole; Edmund W.K. Haitsuka; charlie@bigisle.com; sidneyfuke@gmail.com; Hawaii Island Retreat; Kern, Zendo; Campbell, Jean K; SalasFerguson, Sinclair Subject: RE: Mediation Conference for Ahu Pohaku Ho'omaluhia LLC SMA and SPP Amendment Application; PL-SMA-20220000018 and PL-SPP-2022-000018 Aloha Maija, Yes, the Planning Department agrees with the applicant and the petitioner to defer. Thanx, Jef From:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Sent: Wednesday, February 15, 2023 2:57 PM To: Darrow,Jeff<Jeff.Darrow@hawaiicounty.gov> Cc: Ley, Rachelle<Rachel le.Ley@hawaiicounty.gov>; Moylan, Nicole<Nicole.Moylan@ hawaiicounty.gov>; Edmund W.K. Haitsuka <ewh@hdkona.com>; charlie@bigisle.com; sidneyfuke@gmail.com; Hawaii Island Retreat <jeansunderland2@gmail.com>; Kern, Zendo<Zendo.Kern@hawaiicounty.gov>; Campbell,Jean K <JeanK.Campbell@hawaiicounty.gov>; SalasFerguson, Sinclair<Sinclair.SalasFerguson@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 Aloha Deputy Director Darrow, In Director Kern's absence, can you please indicate whether you agree with the applicant and petitioners to defer mediation on these applications until after the March 16, 2023 Leeward Planning Commission meeting?They are working on trying to reach an agreement outside of formal mediation. See emails below. Thank you, Maija Jackson From: Edmund W.K. Haitsuka <ewh@hdkona.com> Sent: Monday, February 6, 2023 2:26 PM To: sidneyfuke@gmail.com;Jackson, Maija <Maiia.Jackson@hawaiicounty.gov>; charlie@bigisle.com; Hawaii Island Retreat<6eansunderland2@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: RE: Mediation Conference for Ahu Pohaku Ho'omaluhia LLC SMA and SPP Amendment Application; PL-SMA- 20220000018 and PL-SPP-2022-000018 1 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 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 that mediator will provide you more information on the purpose of the mediation conference and coordinate a date and time for the mediation conference. Please give me a call or email if you have any questions. Maija Jackson, Planning Program Manager Leeward and Windward Planning Commissions and Special Management Area (SMA)/Shoreline Permitting 808-961-8159 fP4County of Hawai'i Zoning& Subdivision Code Update Project Website: COHcodeupdate.com 4