Bobby N. Harmon, CPCU, ARM
Louisville, Kentucky 40229-1655
August 7, 2003
VIA fax only @ (559) 490-1919
Ms. Julie A. Schermerhorn, Supervisor, and
Mr. Justin W. Schuck, Case Manager
American Arbitration Association
6795 North Palm Avenue, 2nd Floor
Fresno, California 93704
RE: Mary Lou Woo, Trustee v. Bobby N. Harmon
Case No. 74 166 00491 03 JUSC
Dear Ms. Schermerhorn and Mr. Schuck:
This acknowledges receipt of Steven Guttman’s letter dated August 5, 2003, in which he states:
“For the reasons set forth in our letter to you dated July 21, 2003, we, on behalf of Trustee Mary Lou Woo, confirm that we have no objection to the appointment of Judith Neustadier [sic] as the arbitrator in this proceeding.”
In his letter of July 21, 2003, Mr. Guttman stated:
“We have no objections to, nor do we understand Mr. Harmon’s objections to, candidates Julie Neustadier [sic] and Alan Van Etten. There is nothing in either individual’s resume which raises the question of conflict. The rationale set forth in Mr. Harmon’s July 29, 2003 letter as to his request that they not be appointed as the arbitrator in this case again illustrates the fact that his objections are not reasonable, logically consistent or legally appropriate....”
“In consideration of the presentation and convoluted logic set forth by Mr. Harmon in opposition to Ms. Neustadier [sic] and Mr. Van Etten, we reiterate our prior comments as to Mr. Harmon simply not wanting any Hawaii based individual to be the arbitrator....”
Since Mr. Guttman’s letter of August 5, 2003, was transmitted to me hours after my letter of the same date which gave additional objections to Ms. Neustadter’s appointment, it would seem that Mr. Guttman considers my new objections still “not reasonable, logically consistent or legally appropriate,” yet he does not give any explanation as to why he would find that my latest objections are not acceptable.
As I have stated in previous correspondence, I feel that there is really too much information to provide at this stage, so I have attempted to present objections which I feel are adequate, without delving into all the issues which might be of some concern at this time.
Since, however, I still have not presented an objection which is acceptable to Trustee Woo, I offer the following additional controversial issue involving Ms. Neustadter and the Maui County Planning Commission from the September 8, 1998 issue of the Honolulu Star-Bulletin:
Developer to clean up Maalaea Bay runoff
The debris has caused damage to boats and facilities, Cayetano says
By Susan Kreifels
The commercial center developer at Maui's Maalaea Small Boat Harbor has agreed to clean up siltation and runoff damage caused by unmonitored grading that has damaged boats and other facilities there, according to the governor's office.
Maalaea Triangle Partnership will dredge two major areas of the harbor at no cost to the state, according to a news release yesterday from Gov. Ben Cayetano.
The work is scheduled to begin within 45 days after permits are obtained from the state, Maui County and the U.S. Army Corps of Engineers.
State harbor officials have charged that from December 1996 through September 1997, more than an estimated 500 cubic yards of runoff and debris built up as a result of alleged illegal grading to build the Maui Ocean Center. They said the siltation has caused significant property damage to boats and other facilities in the harbor as well as public safety and transportation problems.
Michael Spalding, a managing general partner of Maalaea Triangle Partnership, could not be reached for comment yesterday....
A charter boat business last month sued the developer, Oahu Construction Co., and Maui County for damages from dust and soil erosion during construction at the harbor.
Siltation has become a political issue as well.
In May, Michael Wilson, chairman of the state Board of Land and Natural Resources, blamed Maui Mayor Linda Lingle's administration for allegedly failing to enforce environmental laws at Maalaea Harbor, and the state attorney general's office was reviewing whether to take legal action against officials there.
In turn, Lingle, a Republican who has announced her candidacy for governor, has blamed the state. She said the state gave the county permission to drain runoff into the harbor.
Some of the runoff also came from state ranch lands mauka of the harbor that were left denuded by a rancher fined for cruelty to animals.
In his release, Cayetano said the siltation problem was caused after permits granted by the Maui County Planning Commission and Maui County Department of Public Works and Planning were violated through lack of adequate monitoring and enforcement during construction of the Maui Ocean and Commercial Centers at Maalaea.
Cayetano said he visited the harbor in June and saw the "poor water quality and hazardous boating conditions" caused by Maalaea Triangle Partnership's construction, which started in 1996.
Lingle, however, said in a release yesterday that the state's actions were long overdue.
"Actually it (siltation) has been going on for decades due to the state's land management practices in the watershed above the harbor," she said.
< END OF QUOTATION >
Although I have suggested that attorney Daniel Bent be considered as the Arbitrator, Trustee Woo has not commented on him as a potential Arbitrator, including any objections she might have. Therefore, I again request that Mr. Bent be considered for this assignment, and would again suggest that you contact Trustee Mary Lou Woo to determine if she would have any factual objections to his appointment.
Thank you for your assistance.
Sincerely,
Bobby N. Harmon
cc’s: Steven Guttman, Atty for Mary Lou Woo (via fax only @ 808-529-7177)
Trustees R. Kihune, J. Ing, C. Lau, D. Plotts, N. Thompson, Kamehameha Schools (via fax only @ 808-523-6313)
P&C Insurance Company c/o Aon (via fax only @ 808-540-4301)
Casimer Fidele, Island Insurance Co. (via fax only @ 808-539-9738)
Matt Tsukazaki, Esq., Torkildson Katz... (via fax only @ 808-523-6001)
Hawaii Atty. Gen. Mark Bennett (via fax only @ 808-586-1239)
Dr. Randy Roth, Office of the Governor (via fax only @ 808-586-0006)
J.P. Schmidt, Hawaii Insurance Commissioner (via fax only @ 808-586-2806)
Janet S. Hughes, Mgr., IRS (via fax only @ 303-844-3596)