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Home My WebLink About2024-09-24 Request for Extension of Deadlines_Chair Agreement DeVera, Ashley From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent: Tuesday, September 24, 2024 1:36 PM To: Surprenant, April; Planning Board of Appeals; Wan, Sylvia A; Agustin, Noah Cc: Patrick K. Wong; Lactaoen, Kawehilani 5; SalasFerguson, Sinclair; Mellon-Lacey, Diana; Yoshimoto, J Subject: RE: lo Processing BOA Prehearing Conference Hi April- Thank you for the update and confirmation. The mailings were sent on Thursday September 19. I will file the proof of mailing shortly. Thank you, Ian From: Surprenant, April [mailto:April.Surprenant@hawaiicounty.gov] Sent: Tuesday, September 24, 2024 1:14 PM To: Ian R. Wesley-Smith; Planning Board of Appeals; Wan, Sylvia A; Agustin, Noah Cc: Patrick K. Wong; Lactaoen, Kawehilani S; SalasFerguson, Sinclair; Mellon-Lacey, Diana; Yoshimoto, J Subject: RE: Io Processing BOA Prehearing Conference CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Aloha Ian, The BOA Chair has granted the request noted below and a revised Scheduling Order will be forthcoming. In the meantime, please forward the proof of mailing to surrounding property owners related to the Notice of Hearing. With the hearing scheduled for Oct 11, 2024, the notice was due to be sent no later than Sep 21, 2024, in accordance BOA Rule of Practice and Procedure 8-11(d). Mahalo, April April J.Surprenant,AICP Manager of Long Range Planning&Board of Appeals Hawaii County Planning Department 101 Pauahi Street,Suite 3 Hilo,HI 96720 808-961-8125 www.planning.hawaiicounty.gov University of Hawaii Hilo—Planning Certificate 1 From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent:Tuesday, September 24, 2024 11:48 AM To: Planning Board of Appeals<boardofappeals@hawaiicounty.gov>; Wan, Sylvia A<SylviaA.Wan@hawaiicounty.gov>; Agustin, Noah <Noah.Agustin@hawaiicounty.gov> Cc: Patrick K. Wong<pwong@carlsmith.com>; Lactaoen, Kawehilani S<KawehilaniS.Lactaoen@hawaiicounty.gov>; SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov> Subject: RE: to Processing BOA Prehearing Conference Dear Board and Staff- We write to request an extension of the following deadlines for the above-mentioned hearing: • Exhibit Deadline: From September 25, 2024, to October 2, 2024. • Witness Disclosure Deadline: From September 27, 2024, to October 2, 2024. • Responsive Exhibit Deadline: From September 27, 2024, to October 4, 2024. The reason for the request is to allow additional time for the parties to work on the following issues: (1) lo Processing's objection to the record on appeal as incomplete (filed last week); (2)the outstanding UIPA public record request; and (3) the forthcoming request for a subpoena for document production, which will be filed today or tomorrow. We are unable to submit a final list of exhibits or witnesses until we get clarification on what additional records might be forthcoming. I spoke to Sinclair this morning and he consented to this extension on behalf of the County DPW. Thank you very much for the consideration. Best Regards, Ian From: Ian R. Wesley-Smith Sent: Friday, September 20, 2024 4:13 PM To: 'Planning Board of Appeals'; Wan, Sylvia A; Agustin, Noah Cc: Patrick K. Wong; Lactaoen, Kawehilani S; SalasFerguson, Sinclair Subject: RE: Io Processing BOA Prehearing Conference Aloha- Thank you very much. Appreciate the advice I will try a different naming style next time. Best, Ian From: Planning Board of Appeals [mailto:boardofappeals@hawaiicounty.gov] Sent: Friday, September 20, 2024 4:12 PM To: Ian R. Wesley-Smith; Wan, Sylvia A; Agustin, Noah Cc: Patrick K. Wong; Lactaoen, Kawehilani S; SalasFerguson, Sinclair; Planning Board of Appeals Subject: RE: Io Processing BOA Prehearing Conference CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Aloha Ian, I will upload it to EPIC. Maybe it's the title because it does not accept certain characters. 2 Inattato,, Board of Appeals Staff Main Line: 808-961-8288 Email: boardofappeals@hawaiicounty.gov From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent: Friday, September 20, 2024 3:59 PM To: Wan, Sylvia A<SylviaA.Wan@hawaiicounty.gov>;Agustin, Noah <Noah.Agustin@hawaiicounty.gov> Cc: Patrick K. Wong<pwong@carlsmith.com>; Lactaoen, Kawehilani S<KawehilaniS.Lactaoen@hawaiicounty.gov>; SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov>; Planning Board of Appeals <boardofappeals@ hawaiicounty.gov> Subject: RE: to Processing BOA Prehearing Conference All, Attached is a copy of Appellant's objection to the record on appeal. I have tried to file on EPIC multiple times over the last 20 minutes but the system does not seem to be accepting the upload. Is someone able to upload to EPIC? Or, alternatively, can we arrange a time so we can troubleshoot how I can upload? Thank you very much and I hope that everyone has a good weekend. Best, Ian From: Ian R. Wesley-Smith Sent: Tuesday, September 17, 2024 5:38 PM To: 'Wan, Sylvia A'; Agustin, Noah Cc: Patrick K. Wong; Lactaoen, Kawehilani S; SalasFerguson, Sinclair; Planning Board of Appeals Subject: RE: Io Processing BOA Prehearing Conference Sylvia, That approach is fair and makes sense to us. Thanks to both you and the Chair for the consideration and quick response. Best Regards, Ian From: Wan, Sylvia A [mailto:SylviaA.Wan@hawaiicounty.gov] Sent: Tuesday, September 17, 2024 3:46 PM To: Ian R. Wesley-Smith; Agustin, Noah Cc: Patrick K. Wong; Lactaoen, Kawehilani S; SalasFerguson, Sinclair; Planning Board of Appeals Subject: RE: Io Processing BOA Prehearing Conference CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ian, 3 I spoke with the Chair. Chair suggests that Io Processing go ahead and fill out the BOA Request for Subpoena form with a requested return prior to 09/27. Attached for your convenience. Please note the requirements of BOA Rule 3-9(b): (b) Subpoena of Documents. Any request for the issuance of a subpoena for the production of documents or records shall be in writing; shall specify the particular document or record, or part thereof, desired to be produced; and shall state the reasons why the production thereof is believed to be material and relevant to the issues involved. The name and address of the person or agency with requested documents shall be inserted in the subpoena, and it shall show at whose request the subpoena is issued. (emphasis added). The Chair will then review your request and decide whether or not to authorize the issuance of the subpoena. In the meantime, please let the Board know if the Department responds to your UIPA request and thus renders the issuance of a subpoena moot. Please include the Planning Board of Appeals boardofappeals@hawaiicounty.gov email in the cc for your email communications. Added presently. Thank you, Sylvia Wan Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai'i 101 Aupuni Street, Suite 325 Hilo,Hawaii 96720 Phone: (808)961-8251 Fax: (808)961-8622 Email: sylviaa.wan@hawaiicounty.gov CONFIDENTIALITY: The information contained in this message is intended for the sole designated recipient(s) and may contain privileged and confidential attorney-client communication(s). If you are not the person named above NOTICE IS HEREBY GIVEN that you are STRICTLY PROHIBITED from reading,reviewing,disseminating and/or copying this document. Please notify this office immediately if you have received this message in error and please delete this e-mail and destroy any hard copy that may have been inadvertently printed. THANK YOU. From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent:Tuesday, September 17, 2024 2:44 PM To:Agustin, Noah <Noah.Agustin@hawaiicounty.gov>;Wan, Sylvia A<SylviaA.Wan@hawaiicounty.gov> Cc: Patrick K. Wong<pwong@carlsmith.com>;Tavares, Sherilyn K. <Sherilyn.Tavares@hawaiicounty.gov>; Lactaoen, Kawehilani S<KawehilaniS.Lactaoen@hawaiicounty.gov>; SalasFerguson, Sinclair <Sinclair.SalasFerguson@hawaiicounty.gov> Subject: RE: lo Processing BOA Prehearing Conference Hi Sylvia, 4 I hope that all is well. We would like to request a quick status conference in the above-captioned matter, if the Chair is available either tomorrow 9/18 or Thursday 9/19. We are requesting a status conference to request assistance in obtaining relevant evidence for the October 11 hearing. As was discussed at the pre-hearing conference, DPW did not provide the Record on Appeal until September 13. Although DPW has now provided the Record, we believe that it is unfortunately incomplete. We will be filing objections on the deadline this Friday. In the meantime, we served a public record request(UIPA) on August 30, but DPW has not responded with a production of records within 10 business days, as required under HRS Chapter 91 and the Office of Information Practice's administrative rules. See https://oip.hawaii.gov/laws-rules-opinions/rules/quick-guide-to-oips-administrative-rules/. In short: (1)the Record on Appeal does not contain all records lo Processing needs; and (2) the UIPA request seeking additional records is pending/overdue and we have no idea if or when DPW may comply. Given the upcoming exhibit and witness list deadlines (on 9/27), we would like to discuss these matters with the Chair, including whether she or the Board would be amenable to issuing a document subpoena for evidence that to Processing needs for the hearing. Our hope is that we can work with the BOA and DPW to get all relevant evidence and then proceed with the October 11 hearing. Thank you, Ian From: Agustin, Noah [mailto:Noah.Agustin@hawaiicounty.gov] Sent: Monday, September 9, 2024 3:55 PM To: Ian R. Wesley-Smith Cc: Patrick K. Wong; Tavares, Sherilyn K.; Lactaoen, Kawehilani S; Wan, Sylvia A; SalasFerguson, Sinclair Subject: RE: Io Processing BOA Prehearing Conference CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, Ian, Please find attached the Zoom link for tomorrow's pre-hearing conference. Let me know if you have any questions. The Office of the Corporation Counsel is inviting you to a scheduled ZoomGov meeting. Topic: SAW: Pre-Hearing Conference re: l'o Processing Company, BOA 23-065 Time: Sep 10, 2024 09:00 AM Hawaii Join ZoomGov Meeting https://www.zoomgov.com/j/1613581365?pwd=MnFnNFRpNU1 oZS9mM29veXhKTFJsUTO9 Meeting ID: 161 358 1365 Passcode: 691970 One tap mobile +16692545252„1613581365# US(San Jose) 5 +16692161590„1613581365# US(San Jose) Dial by your location • +1 669 254 5252 US(San Jose) • +1 669 216 1590 US(San Jose) • +1 415 449 4000 US(US Spanish Line) • +1 551 285 1373 US(New Jersey) • +1 646 828 7666 US(New York) • +1 646 964 1167 US(US Spanish Line) Meeting ID: 161 358 1365 Find your local number: https://www.zoomgov.com/u/ab9Zncu4c0 Thank you, Noah Agustin Legal Clerk III to Ryan K. Thomas, Deputy Corporation Counsel, Suzanne Tiapula, Deputy Corporation Counsel, & Sylvia A. Wan, Deputy Corporation Counsel Office of the Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 (808) 961-8251 Email: Noah.Agustin@hawaiicounty.gov From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent: Monday, September 9, 2024 3:51 PM To: SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov> Cc: Patrick K. Wong<pwong@carlsmith.com>;Tavares, Sherilyn K. <Sherilyn.Tavares@hawaiicounty.gov>;Agustin, Noah <Noah.Agustin@hawaiicounty.gov>; Lactaoen, Kawehilani S<KawehilaniS.Lactaoen@hawaiicounty.gov>; Wan, Sylvia A <SylviaA.Wan@hawaiicounty.gov> Subject: to Processing BOA Prehearing Conference Importance: High Hi Sinclair and Everyone- Has a zoom link been circulated for the prehearing conference tomorrow? I apologize if I missed it. Thank you, Ian IAN R.WESLEY-SMITH Partner I Carlsmith Ball LLP Carlsmith Bali _.,. A LIMkTEb LIA1IL T�' P•?"'.f"<• n 121 Waianuenue Avenue 6 Hilo, HI 96720 Tel: 808.969.8416 Fax: 808.935.7975 Honolulu • Hilo • Kona • Maui IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me(the sender) by replying to this email, then promptly destroy the original message. Thank you. 7