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Home My WebLink About2012 _0420_ Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 6/1/12 Board/Committee: BOARD OF REVIEW Meeting Date I April 20, 2012 Location Mo`ikeha Building, Meeting Room 2 AB Start of Meeting: 1:36 p.m. End of Meeting: 2:35 p.m. Present Chair Cayetano Gerardo, Craig De Costa, Russell Kyono Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Deputy Director of Finance Sally Motta; COK Appraisers: Kim Hester, Curtis Bedwell and Steven Hunt Excused Absent Jose Diogo SUBJECT DISCUSSION ACTION County Administrative Assistant Eddie Topenio administered the Oath of Office to Craig De Costa and Cayetano Gerardo prior to the meeting being 7 called to order. Call To Order Chair De Costa called the meeting to order at 1:36 p.m. with 3 members present and asked for approval of the agenda as submitted. Mr. Gerardo moved to approve the agenda. Mr. Kyono seconded the motion. Motion carried 3:0 Board of Review Open Session April 20, 2012 Page 2 SUBJECT DISCUSSION ACTION Election of Election of Chair and Vice-Chair for 2012 Officers Mr. Gerardo nominated Mr. Kyono to the position of Chair. Motion died for lack of a second. Mr. Kyono nominated Mr. Gerardo to the position of Chair. Mr. Gerardo seconded the motion. Motion carried 3:0 Mr. Gerardo took over as the Chair for the Board of Review and opened the nominations for the Vice-Chair. Mr. Kyono nominated Mr. De Costa as Vice- Chair. Mr. De Costa seconded the motion. Motion failed 2:1 (nay-Gerardo) Mr. Kyono nominated Mr. Diogo as Vice-Chair. Chair Gerardo said he would not allow the motion since Mr. Diogo was not present to defend himself. Attorney Winn informed the Board that the motion had already died for lack of a second. Mr. Kyono moved to defer the election of the Vice-Chair to the next meeting. Mr. De Costa seconded the motion. Motion carried 3:0 Approval of a. Minutes of October 17, 2011 Mr. Kyono moved to approve the minutes of Minutes October 17. Mr. De Costa seconded the motion. Motion carried 3:0. b. Minutes of November 14, 2011 Noting the November 14 minutes were in error, Mr. Kyono moved to defer approval of those minutes until the corrected draft could be submitted. Mr. De Costa seconded the motion. Motion carried 3:0 Board of Review Open Session April 20, 2012 Page 3 SUBJECT DISCUSSION ACTION Approval of Mr. De Costa said his schedule had changed and he would have no Meeting objection to moving the meeting to 1:00 p.m. to give the Board adequate Schedule for time to review all scheduled appeals. Mr. De Costa moved to approve the 2012 2012 meeting schedule with the change to 1:00 p.m. for the starting time. Mr. Kyono seconded the motion. Motion carried 3:0 Appeals Appeal Case No. 12-0000008–Johanne Auger/Paul Pocino–TMK 4-4-003-135-0000 Scheduled Johanne Auger and Paul Pocino were in attendance to provide evidence for their appeal. Ms. Hester was in attendance and presented her report to the Board. Mr. De Costa made a motion to sustain the County's denial of the homeowner exemption because it was filed after December 31, 2011. Mr. K ono seconded the motion. Motion carried 3:0 Appeal Case 12-0000041 –Easter Seal Hawai'i–TMK 1-6-010-001-0000 Ellen Ching was in attendance to provide evidence for the appeal. Curtis Bedwell was in attendance and presented his report to the Board. Steven Hunt provided additional information on behalf of the County. Mr.De Costa made a motion to sustain the County's denial of the exemption. Mr.K ono seconded the motion. Motion carried 3:0 Appeal Case 11-0315 –Princeville Prince Golf Course LLC–TMK 5-3-006-044-0000 Appeal Case 11-0316–Princeville Prince Golf Course LLC–TMK 5-3-006-037-0000 Appeal Case 12-0000010–Princeville Prince Golf Course LLC–TMK 5-3-006-037-0000 Appeal Case 11-0315 –The appellant or its representative was not present. Ms. Hester noted a stipulation form was sent and an agreement was reached with the representative, Mr. Michael Loo. Appeal Case 11-0316 and Appeal Case 11-0315-Ms.Hester stated both appeals were withdrawn by the appellant via email on April 5. No Action required. Mr. De Costa moved to accept the stipulation for Appeal Case 11-0315. Mr. K ono seconded the motion. Motion carried 3:0 Appeal Case 11-1475 –Pane Makai Condominium(2008) - TMK 2-8-018-009-000 Appeal Case 11-1473 –Kanaelle LLC (2009)–TMK 2-8-018-009--001 Appeal Case 11-1474–Kanaelle LLC (2010)–TMK 2-8-018-009--001 Appeal Case 11-1476–Kanaelle LLC (2009)–TMK 2-8-018-009-002 A Mpeal Case 11-1477–Kanaelle LLC 2010 –TMK 2-8-018-009--002 Board of Review Open Session April 20, 2012 Page 4 SUBJECT DISCUSSION ACTION The appellant or its representative was not present. Mr. Hunt stated that the appellant had failed to meet his burden by not supplying any written testimony or appearing or having a representative appear on their behalf to present evidence. Mr. De Costa made a motion to sustain the County's assessments for Appeals 11-1475, 11-1473, 11-1474, 11-1476 and 11- 1477. Mr. Kyono seconded the motion. Motion carried 3:0 Appeal Case 11-0810—Maile Wai Farms LTD—TMK 5-1-005-025-0005 The appellant or its representative was not present. Ms. Hester stated that this appeal had been stipulated and agreed to by the appellant who was awaiting receipt of the forms. Mr. De Costa made a motion to accept the County's stipulation. Mr. Kyono seconded the motion. Motion carried 3:0 STIPULATIONS/WITHDRAW Appeal Case 12-0000006—Maren Orion Oppenheimer—TMK 5-4-009-015-0000 Appeal Case 12-0000003 —Aldo Albertoni Jr—TMK 4-9-013-001-0001 Appeal Case 12-0000004—Aldo Albertoni Jr—TMK 4-9-013-001-0002 Ms. Hester stated that the appellants had agreed to the stipulations and the office was waiting for the signed agreements from the appellant. Mr. De Costa moved to accept the stipulations as stated for Appeals 12-0000006, 12-0000003, 12-0000004. Mr. Kyono seconded the motion. Motion carried 3:0 Appeal Case 11-03 50— `Ohana Hanalei, LLC—TMK 5-4-004-001-0000 Appeal Case 11-0351 — `Ohana Hanalei, LLC—TMK 5-4-004-013-0000 Mr. Bedwell stated that the appellant had agreed to a stipulated value and signed off on the forms. Mr. De Costa moved to accept the stipulations as signed by the appellant. Mr. Kyono seconded the motion. Motion carried 3:0 Appeal Case 11-0808—BP Bishop Trust Estate (Withdrew) TMK—5-7-002-001-0000 No action. Annual Report Discussion of Board of Review Annual Report for 2011 Board of Review Open Session April 20, 2012 Page 5 SUBJECT DISCUSSION ACTION Mr. De Costa said a report had not been done for 2011 but he would try to put something together for the next meeting if Ms. Nakamura could assist with last year's numbers. Mr. De Costa made a motion to defer this item to the next meeting. Mr. Kyono seconded the motion. Motion carried 3:0 Board Rules Discussion on Status of Updating Board Rules Mr. De Costa made a motion to defer this item to the next meeting. Mr. Kyono seconded the motion. Motion carried 3:0 Announcements Next meeting: Friday, May 4, 2012 at 1:00 p.m. Adjournment Mr. De Costa made a motion to adjourn the meeting at 2:35 p.m. Mr. Kyono seconded the motion. Motion carried 3:0 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Cayetano Gerardo, Chair O Approved as is. ( ) Approved with amendments. See minutes of meeting.