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5. BEVERLY MARAGOS (PL-BOA-2024-000112) <br /> DIRECTOR OF PUBLIC WORKS MOTION TO DISMISS <br /> Appeal of Decision by the Director of Public Works Dated June 20, 2024, Regarding Issuance <br /> of Permit No. 25910 to Work Within the County Right-of-Way. <br /> Location: Kealakekua, South Kona <br /> TMK: (3) 8-3-015:113 <br /> [SEE YOUTUBE TIMESTAMP 46:01] Chair Lewis took item five (5) out of order. <br /> PARTIES PRESENT: Randall Yamabe (appellant's representative) and Sinclair Salas- <br /> Ferguson (Deputy Corporation Counsel for the Department of Public Works). <br /> This item was called to order at 10:14 a.m. There were fifteen members of the public in <br /> attendance. <br /> [SEE YOUTUBE TIMESTAMP 48:06] Chair Lewis gave each party five (5) minutes to argue <br /> the motion to dismiss, beginning with Mr. Salas-Ferguson. He explained that the landowner <br /> approached the Department of Public Works (DPW)with the intention of dedicating the street <br /> to the County. To meet the County's dedicable standards, the landowner obtained a permit. <br /> After DPW inspections, the matter is then presented to the Hawai`i County Council for <br /> approval. Mr. Salas-Ferguson mentioned that the appellant filed the appeal one hundred and <br /> thirty-one (131) days later, and DPW is requesting the appeal to be dismissed due to untimely <br /> filing. <br /> [SEE YOUTUBE TIMESTAMP 52:25] Mr. Yamabe mentioned that DPW filed the motion to <br /> dismiss on November 14, 2024, which was past the deadline and should be disqualified. The <br /> appellant filed a request to access a government record, and the permit was received by the <br /> appellant on October 22, 2024. The appellant then filed an appeal on October 29, 2024. <br /> [SEE YOUTUBE TIMESTAMP 58:50] Chair Lewis gave Mr. Salas-Ferguson time for rebuttal. <br /> The Board Members did not have any questions for both parties. <br /> [SEE YOUTUBE TIMESTAMP 1:01:32] Vice Chair Saiki motioned to grant the Department's <br /> motion to dismiss; Board Member Martin seconded. Members briefly discussed the matter. A <br /> roll-call vote was taken, and the motion passed with four ayes (Saiki, Martin, McNamarra, <br /> Lewis). <br /> [SEE YOUTUBE TIMESTAMP 1:06:55] Chair Lewis asked Mr. Salas-Ferguson to prepare the <br /> order and file it with the Board by December 27th, 2024, and the appellant can file any <br /> objections by January 3rd, 2025. <br /> This item concluded at 10:35 a.m. <br /> BOARD OF APPEALS <br /> Minutes of December 13, 2024 <br /> 5 <br />