2021-07-07 Ala Ka La AOAO Response to Carlsmith Representation Letter

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Ala Ka La Association of Apartment Owners George Smith,President 75.6150 Alii Dr.#3 Kailua-Kona,HI 96740 phn:406.250.9357 e-mail:smittyberta@gmail.com July 07,2021 COH PLANNING DEPT Mike Vituosek,Chairman JUL 12 2021 P42:00 Leeward Planning Commission Aupuni Center REC'D BY EMAIL 101 Pauahi St.,Suite 3 Hilo, Hawaii 96720 Re: Mysin,SMA 21-000078,TMK: (3) 7-5-020:066 Aloha Director Kern, I write this letter to you and for distribution to members of the Leeward Planning Commission (LPC)as the initial contesting standee in protest of the Mysin proposal for a five story condominium on the lot directly adjacent to Ala Ka La Condominium. I have received correspondence from Katherine A.Garson,Carlsmith Ball,LLP that the firm will be representing the Applicant Jekaterina Mysin at the as-yet unscheduled mediation. Carlsmith Ball has been the Ala Ka La legal provider since 1994,and has represented us in many actions including legal challenge to property boundary and neighboring use since 1994.That the firm does not recognize the clear and direct conflict of interest in participation in a mediation in which we are clearly against the proposed permit is appalling. Carlsmith Ball has decades of history and files at their disposal,and any information contained therein can be accessed without our knowledge,and used against our association;this cannot be allowed at a mediation. This situation also speaks directly to the issue of face-to-face mediation vs indirect ZOOM meetings.Having experienced multiple ZOOM meetings,including those of the LPC,I find technical interruptions disrupt message continuity,and loss of non-verbal communication interfere with the entirety of the message. Continuity and non-verbal cues,two very important aspects of any meeting,particularly a mediation meeting, are lacking in'screen'meetings. In light of the current COVID19 mixed messages,masking and social distancing between the participants may be observed during in person meetings.To the specific complaint in this letter,a ZOOM meeting allows the applicant to have'over-the-shoulder'counsel regardless of any determination by yourself and the LPC. A face-to-face mediation places all participants on a level playing field. I recognize that Mysin et al may engage whomever they choose as legal counsel,and we,nor Hawaii County has a say in that decision. However,the Planning Department CAN deny their participation in the mediation, and in the interest of fair and balanced participation in the process,must do so. Thank you for your attention to this sensitive matter,I appreciation your time and efforts in sorting out this complicated and unique-to-us-all process in a fair and representative manner. Respectfully, President,Ala Ka La Association of Apartment Owners Attachment: Letter,Carlsmith Ball LLP cc: Maija Jackson,Planning Program Manager Leeward Planning Commission Zendo Kern,Director Hawaii County Planning Department 143033 Page 1 7/12/2021