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HomeMy WebLinkAbout2012_0504_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 6/1/12 Board/Committee: BOARD OF REVIEW Meeting Date May 4, 2012 Location Mo`ikeha Building, Meeting Room 2 A/B Start of Meeting: 1:00 p.m. End of Meeting: 3:08 p.m. Present Chair Cayetano Gerardo, Vice-Chair Craig De Costa, Russell Kyono and Jose Diogo 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: Curtis Bedwell, Damien Ventura, Danielle Teter, and Steven Hunt Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Gerardo called the meeting to order at 1:00 p.m. with all members resent Election of Mr. Diogo nominated Craig De Costa to the Vice-Chair position of Vice-Chair. Mr. Kyono seconded the motion. Motion carried 4:0 Approval of Minutes of November 14, 2011 (deferred from 4/20/12 meeting) Mr. De Costa moved to approve the minutes of Minutes November 14, 2011. Mr. Diogo seconded the motion. Motion carried 4:0 Annual Report Discussion of Board of Review Annual Report for 2011 (deferred from 4/20/12 meeting) Mr. De Costa said he received the statistics for 2011 but did not have an opportunity to work on the report yet. Discussion to continue at the end of the meeting Board Rules Discussion on Status of Updating Board Rules (deferred from 4/20/12) Mr. De Costa said he had a draft of the proposed changes for the members to review and make their comments. The final draft will be submitted to the County A orney for review. I Discussion to continue at the end of the meeting Stipulations Appeal Case No. 11-0315 -K.Hester/S.Hunt-Princeville Prince Golf Course LLC TMK 5-3-006-044-0000 Appeal Case No. 12-0000006 -Kim Hester-Maren Orion Oppenheimer - 5-4-009-015-0000 Board of Review Open Session May 4, 2012 Page 2 SUBJECT DISCUSSION ACTION Mr. Hunt said the Board had approved the above stipulations but were awaiting signatures which have now been received. Appeal Case No. 12-0000055 - D.Teter- Burton Stokesbary—TMK 5-1-005-124-0003 Ms. Teter said the signed stipulation had been received. Mr. De Costa moved to approve the stipulation. Mr. K ono seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000014 - C.Bedwell - Wailua Shopping Plaza—TMK 4-1-005-009-0000 Mr. Bedwell said the signed stipulation had been received. Mr. De Costa moved to approve the stipulation. Mr. Dio o seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000001 -K.Hester- Todd Rundgren Trust—TMK 5-1-005-017-0001 Mr. Hunt, on behalf of Ms. Hester, said the signed stipulation had been received. Mr. K ono moved to approve the stipulation. Mr. De Costa seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000012 - S.Hunt -Robinson Family Partners—TMK 1-6-003-024-0000 Mr. Hunt said the signed stipulation had been received. Mr. Dio o moved to approve the stipulation. Mr. K ono seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000053 - C.Bedwell - K61oa Partners, LLC—TMK 2-8-008-004-0000 Mr. Bedwell said the signed stipulation had been received. Mr. K ono moved to approve the stipulation. Mr. Dio o seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000046 - K.Hester - Thomas Linton III - TMK 5-4-004-053-0001 Mr. Hunt, on behalf of Ms. Hester, said the signed stipulation had been received. Board of Review Open Session May 4, 2012 Page 3 SUBJECT DISCUSSION ACTION Mr. Dio o moved to approve the stipulation. Mr. K ono seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000015 - S.Hunt - Jasper Properties, LLC—TMK 4-5-012-019-0000 Appeal Case No. 12-0000016 - S.Hunt- Jasper Properties, LLC—TMK 4-5-012-044-0000 Mr. Bedwell said signed stipulations had been received for the two properties. Mr. De Costa moved to approve the stipulations. Mr. Kyono seconded the motion. Motion carried 4:0 Withdrawals K.Hester- Conrad Family Trust (Withdraw) 1-3-001-124-0 K.Hester- Jimmy A Ledward Trust (Withdraw) 5-5-006-025-0001 K.Hester-Warren M Shope Jr. (Withdraw) 5-5-006-027-0001 K.Hester-Kekaha MS, LLC (Withdraw) 1-3-011-006-0000 Mr. Hunt noted these properties had filed appeals but have since asked the appeals to be withdrawn; Ledward and Shope were verbal withdrawals. No Board action required. Pending BOR 12-0000169 Pending, Peter Day 5-1-005-044-0003 Decision 12-0000170 Pending Whitacre-Wells 5-8-004-001-0000 12-0000171 Pending Kiyoshi Kimata Marital Trust 1-9-005-022-0000 12-0000172 Pending Kiyoshi Kimata Marital Trust 1-9-010-022-0000 12-0000173 Pending Michael Wells 4-9-014-008-0001 12-0000184 Pending Thomas C DeCaro 4-9-005-026-0005 12-0000200 Pending Barry Semler 2-6-003-050-0000 Mr. Hunt noted the 7 cases listed did not meet the minimum criteria to qualify for an appeal. Three failed to send in payment. One provided no value. Three filed after the statutory date for filing. Mr. De Costa moved to dismiss appeals 12-0000169, 12-0000170, 12-0000171, 12-0000172, 12-0000173, 12-0000184 and 12- 0000200. Mr. K ono seconded the motion. Motion carried 4:0 Appeals Appeal Case No. 12-0000022 - D.Ventura- McBryde Sugar Company Ltd(Withdraw)—TMK 2-2-001-001-0000 Appeal Case No. 12-0000024 - D.Ventura- McBryde Sugar Compm Ltd - TMK 2-4-009-001-0000 Mr. Ventura said he received emails from Trinette Kaui agreeing to withdraw the appeals. Board of Review Open Session May 4, 2012 Page 4 SUBJECT DISCUSSION ACTION Appeal Case No. 12-0000029 - C.Bedwell - McBryde Sugar CojnpgLny Ltd(Withdraw)—TMK 2-2-001-001-0000 Mr. Bedwell received a letter from Trinette Kaui requesting to withdraw the appeal. No Board action required. Appeal Case No. 12-0000021 - D.Ventura-A&B Hawai'i, Inc—TMK 2-5-001-011-0000 Appeal Case No. 12-0000023 - D.Ventura -A&B Hawai'i, Inc—TMK 2-5-001-006-0000 Mr. Ventura received signed stipulations for both properties. Mr. De Costa moved to approve the stipulations. Mr. Diogo seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000057 - D.Teter - Tim Obert& Clarita Salcedo-Obert—TMK 2-7-003-005-0005 Ms. Teter noted the owners had requested a continuance of their appeal. Mr. De Costa moved to continue the appeal. Mr. Diogo seconded the motion. Motion carried 4 Appeal Case No. 12-0000168 - D.Ventura-William E Robertson—TMK 5-3-008-012-0002 William and Lucinda Robertson were in attendance to provide evidence for their appeal. Mr. Ventura was in attendance and presented his report to the Board. Mr. De Costa moved to sustain the County's assessment in denial of the appeal. Mr. Diogo seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000059 - D.Ventura- Princeville Development LLC—TMK 5-3-001-015-0000 Appeal Case No. 12-0000060 - D.Ventura-Princeville Development LLC—TMK 5-3-001-015-0000 Donn Carswell was in attendance and, as Lessee, was authorized by Princeville Development LLC to provide evidence for the appeal on the above listed TMKs. Ms. Teter and Mr. Ventura were in attendance and presented their reports to the Board. Mr. De Costa moved to sustain the County's assessment in denial of the appeal. Mr. Diogo seconded the motion. Motion Board of Review Open Session May 4, 2012 Page 5 SUBJECT DISCUSSION ACTION carried 4:0 Meeting recessed at 2:41 p.m. Meeting called back to order at 2:52 p.m. Appeal Case No. 12-0000058 - D.Teter- Steven Nishimura—TMK 3-2-003-010-0000 Appeal Case No. 12-0000056 - D.Teter- Randall C Blake & Michelle M Blake—TMK 4-4-013-025-0000 Appeal Case No. 12-0000031 - D.Teter- Eileen Kalas—TMK 4-6-006-069-0001 Appeal Case No. 12-0000018 - D.Teter- Rudra Tamm Revocable Trust—TMK 5-8-007-017-0000 Ms. Teter noted stipulations were agreed to on the above appeals. Mr. Kyono moved to approve the stipulations for 12-0000058, 12-0000056, 12-0000031 and 12-0000018. Mr. De Costa seconded the motion. Motion carried 4:0 Appeal Case No. 12-0000017 - D.Teter- Greg_oa P Howell & Erik J Howell—TMK 5-1-006-018-0002 Appeal Case No. 12-0000054 - D.Teter - Charlie Bass—TMK 5-3-008-018-0004 Ms. Teter was notified by email of the above cases intent to withdraw. No Board action required. (Continuation) Discussion of Annual Report Mr. De Costa moved to defer this item to the next meeting. Mr. Kyono seconded the motion. Motion carried 4:0 (Continuation)Updating Board Rules Mr. De Costa explained that the handout he distributed earlier included the changes the Board discussed earlier last year. Mr. De Costa changed the Board's address, made the document more gender-neutral and inserted other clarifying information. Chair Gerardo suggested returning to the Rules at the next meeting to approve changes. Attorney Winn asked for time to review the Rules to determine if there were any legal issues before holding a Public Hearing which requires 30-day notice ublished in the newspaper before the Board makes final approval. Board of Review Open Session May 4, 2012 Page 6 SUBJECT DISCUSSION ACTION As part of the amending process,Mr.De Costa asked if the Department would provide updated forms since currently the forms attached to the Rules are from 1988. Mr. De Costa moved to defer this issue to the next meeting for further discussion. Mr. Diogo seconded the motion. Motion carried 4:0 Announcements Next Meeting: Friday, June 1, 2012, at 1:00 pm Attorney Winn advised the Board that she will be on vacation that date. Adjournment Chair Gerardo adjourned the meeting at 3:08 p.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Cayetano Gerardo, Chair O Approved as is. O Approved with amendments. See minutes of meeting.