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Home My WebLink About2023-11-15 Amended Scheduling Order for Hearing on January 12, 2024 ELIZABETH A. STRANCE 4715 Corporation Counsel SHERILYN K. TAVARES 9666 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: Sherilyn.Tavares@hawaiicounty.gov Attorney for the Board of Appeals BEFORE THE BOARD OF APPEALS COUNTY OF HAWAII STATE OF HAWAII PO PROCESSING COMPANY INC. dba I`O PL-BOA-2023-000065 PROCESSING COMPANY, AMENDED SCHEDULING ORDER; BOARD Appellant, OF APPEALS' CERTIFICATE OF SERVICE vs. Pre-Hearing Conference Held: Date: November 14, 2023 STEPHEN M. PAUSE, DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Hearing Date: January 12, 2024 Appellee. SCHEDULING ORDER PURSUANT to the Board of Appeals (hereinafter"Board") Rule 3-3, a virtual pre- hearing conference was held on November 14, 2023. Ian R. Wesley- Smith, Esq., and Patrick Wong, Esq., appeared for I`O PROCESSING COMPANY, INC. dba I`O PROCESSING COMPANY ("Appellant"), Sinclair Salas-Ferguson, Deputy Corporation Counsel, Attorney for Appellee, Kelly Wilson, Department of Public Works Building Division, Sherilyn K. Tavares, Deputy Corporation Counsel, Attorney for the Board of Appeals, and Stacey Aguiar, Chair, appeared via Zoom. No other appearances were made. PURSUANT to Board Rule 3-1, the chairperson of the Board has the authority to fix the time for the filing of briefs, and take all other actions authorized by law that are deemed necessary for the orderly and just conduct of a hearing. Pursuant to this rule, the chairperson enters this Scheduling Order: 1. The hearing in this matter will commence before the Board on Friday,January 12, 2024, at 9:30 a.m., at the Hilo Council Chambers, 101 Pauahi Street,Hilo HI, 96720. 2. The Record on Appeal is due no later than November 28, 2023,by 4:30 p.m. 3. Any objections to the Record on Appeal shall be served upon the opposing party and filed with the Board no later than December 05, 2023,by 4:30 p.m. 4. Appellant and Appellee's exhibits shall be served upon the opposing party and filed with the Board no later than December 20,2023, by 4:30 p.m. Responsive exhibits shall be served upon the opposing party and filed with the Board no later than December 27, 2023 by 4:30 p.m. 5. Dispositive motions shall be served upon the opposing party and filed with the Board no later than December 15,2023,by 4:30 p.m. The form and service of any dispositive motion shall be made in accordance with Board Rule 3-12. 6. Any memorandum in opposition to any dispositive motion shall be served upon the opposing party and filed with the Board no later than December 22, 2023,by 4:30 p.m., and shall be made in accordance with Board Rule 3-12. 7. Any request for the issuance of a subpoena shall be filed with the Board no later than December 29, 2023,by 4:30 p.m., and shall be made in accordance with Board Rule 3-9. 8. If desired by any party, either party shall serve upon the opposing party and file with the Board any legal memoranda or pre-hearing brief no later than January 05, 2024, by 4:30 p.m. 9. The parties shall exchange witness lists and shall file the same with the Board, no later than December 29, 2023,by 4:30 p.m. The witness list shall identify each witness that the party intends to call at the hearing, describe concisely the 2 substance of the testimony to be given, and an estimated time required for the testimony of the witness on direct examination. 10. As required by Board of Appeals Rule 8-11(d), the Appellant shall notify the required surrounding property owners in writing of the upcoming hearing at least twenty (20) days prior to the hearing. Proof of notice to surrounding property owners shall be provided to the Board of Appeals. The chairperson, for good cause, reserves the right to amend this Scheduling Order. Finally, if the January 12, 2024, hearing is continued in this matter, the deadlines set forth herein shall be reset. Dated: Hilo, Hawai`i, November 15, 2023. 6/5C7 STACEY AGUTAR, Chairperson Board of Appeals, County of Hawaii 3 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAII STATE OF HAWAII I`O PROCESSING COMPANY INC, dba I`O PL-BOA-2023-000065 PROCESSING COMPANY, BOARD OF APPEALS' CERTIFICATE OF Appellant, SERVICE vs. STEPHEN M. PAUSE, DIRECTOR, DEPARTMENT OF PUBLIC WORKS Appellee. BOARD OF APPEALS' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served upon the parties identified below by electronic mail service pursuant to Board of Appeals Rule 3- 19 on November 15, 2023. Delivered via electronic mail (e-mail and/or EPIC): Ian R. Wesley-Smith, Esq. Patrick Wong, Esq. Attorneys for Appellant I`O Processing Company Inc. Sinclair Salas-Ferguson, Esq. Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, HI 96720 Attorney for Appellee Dated: Hilo, Hawaii November 15, 2023. ASHLEY DEVERA Staff to the Board of Appeals (East Hawaii)