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At 10:37 a.m. the board took a short recess, and the hearing was called back to order at 10:47 <br /> a.m. <br /> 4. JOAQUIN BELISARIO (PL-BOA-2024-000101) <br /> Appeal of Decision by the Director of Public Works Dated February 20, 2024, Regarding <br /> Finding of No Violation (DPW24-009). <br /> Location: 76-785 Hualalai Road, Kailua-Kona, HI 96740 <br /> TMK: (3) 7-6-009:045 <br /> [SEE YOUTUBE TIMESTAMP 1:18:55] Chair Lewis took item four(4) after item five (5). <br /> PARTIES PRESENT: Joaquin Belisario (appellant), Sierra Hagg (standby counsel for <br /> appellant), Patrick Wong (landowner's representative), and Sinclair Salas-Ferguson (Deputy <br /> Corporation Counsel for the Department of Public Works). <br /> This item was called to order at 10:52 a.m. There were eight members of the public in <br /> attendance. <br /> [SEE YOUTUBE TIMESTAMP 1:23:42] Mr. Salas-Ferguson made an oral motion to dismiss <br /> under Board Rule 3-12 and based on two legal principles. The first was res judicata and noted <br /> that Mr. Belisario had filed three separate complaints, with the first two being investigated and <br /> closed. For the third complaint, Mr. Belisario received a written notice with a finding of no <br /> violation and did not submit his appeal until thirty-seven (37) days later. The second basis for <br /> the motion was that the appeal was not timely filed, and it was requested that the matter be <br /> dismissed for lack of jurisdiction. Mr. Wong joined the motion. <br /> [SEE YOUTUBE TIMESTAMP 1:25:48] Mr. Belisario addressed the date of the official <br /> documentation, and the numerous complaints filed. Mr. Salas-Ferguson responded. Chair <br /> Lewis inquired about the difference between the last two complaints filed, and Mr. Wong <br /> replied. <br /> [SEE YOUTUBE TIMESTAMP 1:34:38] Chair Lewis allowed Mr. Belisario a few minutes for <br /> rebuttal, then Mr. Salas-Ferguson responded. <br /> [SEE YOUTUBE TIMESTAMP 1:45:28] Board Member Martin motioned to grant the <br /> Department's motion to dismiss due to the untimely filing; Board Member McNamarra <br /> seconded. Members briefly discussed the matter. <br /> [SEE YOUTUBE TIMESTAMP 1:52:17] Board Member Martin motioned to amend his <br /> original motion to include grounds for dismissal as mentioned by Chair Lewis; Vice Chair <br /> Saiki seconded. No discussion occurred. An all-in-favor voice vote carried the motion <br /> unanimously, and the motion to amend was adopted. <br /> BOARD OF APPEALS <br /> Minutes of December 13, 2024 <br /> 6 <br />