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Home My WebLink About2022-09-28 Email George-Kapalili Smith Withdrawing Standing DeVera, Ashley From: George-Kapalili Smith <smittyberta@gmail.com> Sent: Wednesday, September 28, 2022 11:29 AM To: Jackson, Maija;julie@hawaiimediation.org Subject: Mysin mediation Attachments: 2022-06-27 Mediation Term Sheet - FINAL - SIGNED.pdf, ATT00001.htm Attached please find my signed mediation completion document. I hearby withdraw my standing in the matter of permit 21-000078. Mahalo, George Smith i DocuSign Envelope ID:9CA172FF-D66EC-4563-9222-F29DD39BBD52 Ku`ikahi Mediation Center We empower people to come together— to talk and to listen, to explore options, fx�f �r��xffc�xf rowfy 5 91eace and to find their own best solutions. U MEDIATION TERM SHEET First Party Name(s): Jekaterina & Nikolay Represented By: Calvert"Cal" Chipchase, Esq. & Mallory Mysin Martin, Esq., Cades-Schutte Second Party Name(s): Nancye Capri Represented By: N/A Fourth Party Name(s): Jeffrey Silva Represented By: Walter John "Jack" Kelly, Kuleana Consulting Third Party Name(s): George"Smitty" Smith,Jr. Represented By: N/A Additional County of Hawai'i Planning Represented By: Jeff Darrow, Deputy Director&Jean Participants: Department Campbell, Corporation Council Date: June 27, 2022 KMC Case#: 21-058 Court Number: N/A We,the undersigned, have participated in a continued mediation session on May 27, 2022. We hereby agree to abide by and fulfill the following: All parties agree that the Mysins' draft plans and draft proposal dated April 20, 2022 in regards to the proposed building at 75-6150 Ali'i Drive in North Kona (the "Project") are acceptable provided the following terms are met: 1. a. Dr.Trisha Kehaulani Watson of Honua Consulting will engage in a collaborative process among Dr. Watson and, including but not necessarily limited to, cultural descendant Jim Medeiros Sr., Intervenor Jeffrey Silva, and consultant Walter John "Jack" Kelly to review the relevant literature, conduct a one- day site visit to be held on any of June 30 or July 1, 5, or 6, and determine whether and to what extent further archaeological review may be advisable. The Mysins will take such further action as may be determined by Dr. Watson in consultation with the above-named individuals and any other cultural descendants. b. Following the one-day site visit and the completion of such further action as is determined by Dr. Watson, if there is consensus among the parties that no further work is necessary, Intervenor Jeffrey Silva will withdraw his petition to intervene. If Intervenor Jeffrey Silva disagrees that no further work is necessary, the Mysins may proceed with the hearing for the project, and Intervenor Jeffrey Silva may continue with his intervention. In all events, the Mysins will have an archaeological monitor onsite during ground-disturbing activities. 2. The paved drop off area at the front of the property will be painted and have signage to indicate that it is a 15- minute loading zone exclusively for unloading and loading vehicles and service vehicles. The signage will include the name and contact information for a towing company. The Mysins will make good faith efforts to contract for removing cars that are improperly parked in the loading zone or other areas of the property. The exception to this usage is that during the construction phase the paved drop off area can be used by vehicles for the purposes of construction. 3. The County Planning Department will add a condition to the SMA Permit restricting the use of the paved drop off area at the front of the property limiting its use to an active loading zone and service vehicles with the requirement to remove the vehicles that are violating the restriction. 4. Nikolay Mysin and George"Smitty" Smith,Jr. have met in person on the property to collaborate about ideas on the shared property border. Page 1 of 3 101 Aupuni Street,Suite PH 1014 B-2 0 Hilo,Hawaii 96720 0 Phone: (808)935-7844 0 Fax: (808)961-9727 infogahawaiimediation.org 0 www.hawaiimediation.org Ku'ikahi Mediation Ccntcr is a 501(c)(3)nonprofit organization,donations to,which are tax-dcductible.We w 1corne your support! DocuSign Envelope ID:9CA172FF-D66EC-4563-9222-F29DD39BBD52 Ku`ikahi Mediation Center We empower people to come together- 0 to talk and to listen, to explore options, fx�f �r��xffc�xf rowfy 5 91eace and to find their own best solutions. 5. If a gate is added in the future, the gate will be inside the property at a distance that full size trucks will be able to pull into the driveway and completely exit Ali'i Drive without impeding or interfering with traffic. 6. The Project will be built without mirrored glass. 7. The Project will not have window AC units. All AC units will be inside the building and the compressors will be on ground floor. 8. The exterior of the building will not be steel. The exterior of the building will be a combination of siding, stucco, and stone. The roof of the building will be a combination of tiles and Trex. 9. The Mysins will design the building to complement the aesthetic of the surrounding buildings. 10. The roof deck will be furnished with removable items (e.g., sun chairs, umbrellas, etc.) without permanent structures or roofing. 11. The bike racks are on the ground floor and will not replace any of the 10 parking stalls in the basement. 12. The statement in the draft proposal dated March 1, 2022 will be modified from "As such, any agreement reached in mediation will have to acknowledge that the square footages of the Project may be altered based on requests made by the building department." And instead will read: "As such, any agreement reached in mediation will have to acknowledge that the square footages and elevation/height of the Project may be altered based on requests made by the building department in order to adhere to code(s) and will attempt to be as close to the April 20, 2022 draft plans as possible." 13. The new plans will be re-evaluated and re-reviewed by the Department of Public Works Engineering Department and any other departments as required by the Planning Department. The Mysins are willing to consult with their engineer regarding subsurface and geotechnical requirements. 14. The preliminary Elevations drawings and exterior design artistic renderings will be shared with the Intervenors. Final Elevations drawings and exterior design artistic renderings will be submitted to the Planning Department. 15. Excavation at the southwest corner of the lot, that compromises the Ala Ka La electrical power source, shall cause the Mysins to provide an alternative below ground source that shall culminate at the below-ground connection to the Ala Ka La building at the base of the existing pole. All work shall be approved by HELCO. Removal of the subject pole, and stabilization of the surrounding below grade and surface, shall be at the Mysins' expense. Removal of other parts of the Ala Ka La electrical supply shall be by HELCO,Ala Ka La, or a combination of those parties. 16. During the construction phase: a. Work will adhere to the time and noise abatement standards required by the County of Hawaii and State of Hawai'i. The "Noise Reference Manual Big Island Edition" which covers construction can be found on page 7-8 of https://health.hawaii.gov/irhb/files/2013/07/noiserefbi.pdf b. The Mysins will provide fenced screening around the property to reduce visual, dust, and noise impacts on the surrounding properties and public right of way. c. Most construction and heavy machinery will access the property via Ali'i Drive. Exceptions will include installing the fenced screening (see point above), building rock walls, electrical/HELCO installation, etc. which will need access via "Old Trail" roadway and joint property lines. d. The Mysins will work with Ala Ka La to ensure advance notice of any work needing to be done along the "Old Trail" roadway or joint property lines. Nikolay will share his cell phone number with the surrounding neighbors to ensure two-way communication, especially if there are any problems during construction when Nikolay is off site. 17. The Mysins will contact their insurance carriers (for Nikolay Mysin's construction company insurance and insurance for Project)to determine what coverage, if any, is provided to their surrounding neighbors under their insurance policies. The Mysins will also consider photographing the Ala Ka La property before construction begins. 18. The materials used in the advertising of any aspect of the Project for sale, lease,or any other form of occupancy shall conform to all State and County regulations. Page 2 of 3 101 Aupuni Street,Suite PH 1014 B-2 0 Hilo,Hawaii 96720 0 Phone: (808)935-7844 0 Fax: (808)961-9727 infogahawaiimediation.org 0 www.hawaiimediation.org Ku'ikahi Mediation Ccntcr is a 501(c)(3)nonprofit organization,donations to,which are tax-dcductible.We w 1corne your support! DocuSign Envelope ID:9CA172FF-D66EC-4563-9222-F29DD39BBD52 Ku'ikahi Mediation Center We empower people to come together- 0 to talk and to listen, to explore options, fx�f �r��xffc�xf rowfy 5 91eace and to find their own best solutions. 19. Intervenors George "Smitty" Smith,Jr. and Nancy Capri will withdraw their petitions to intervene within 5 days after signing this term sheet. 20. Should any problems arise in regards to this Agreement, all parties agree to return to Ku'ikahi Mediation Center in an attempt to resolve them prior to filing any action or participating in any adverse administrative proceeding. If you have any questions concerning any aspect (e.g., legal, financial, etc.) of this agreement, please consult with a qualified advisor before signing. DocuSigned by: Jekaterina Mysin 6/28/2022 Signature: Al, ' Name: Date: Signature: Name: Mysin 6/28/2022 Date: Signature: Name: Nancye M. Capri Date: 6/29/2022 Signature: gg dd Name: Jeffrey Silva Date: 6/28/2022 B0� (CDbAy9405... Signature: WA.11C r 6LW Name: Walter John Kelly Date: 6/28/2022 Esa�S �Wri�4�s.. George T. Smith 6/29/2022 Signature: rc'-4-6rAt, tMi Name: Date: C48 D9EC6 F2144B2_. Page 3 of 3 101 Aupuni Street,Suite PH 1014 B-2 0 Hilo,Hawaii 96720 0 Phone: (808)935-7844 Fax: (808)961-9727 infogahawaiimediation.org 0 www.hawaiimediation.org Ku'ikahi Mediation Ccntcr is a 501(c)(3)nonprofit organization,donations to,which are tax-dcductible.W—1corne your support!