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HomeMy WebLinkAbout2013_0208_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as amended 3/1/13 Board/Committee: BOARD OF REVIEW Meeting Date I February 8, 2013 Location Mo`ikeha Building, Meeting Room 2 A Start of Meeting: 1 :04 p.m. End of Meeting: 2: 13 p.m. Present Chair Craig De Costa; Vice-Chair Jose Diogo; Members: Cayetano Gerardo; Russell Kyono; and Benjamin Lizama, Jr. Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrative Aide Teresa Tamura, Deputy Director of Finance Sally Motta; COK Appraisers: Kim Hester; John Herring Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair De Costa called the meeting to order at 1 :04 p.m. with 5 members present Approval of Mr. Gerardo moved to accept the agenda as Agenda circulated. Mr. Lizama seconded the motion. Motion carried 5 :0 Approval of a. Open Session Minutes of February 1, 2013 Minutes Attorney Winn explained that the draft of the Open Session Minutes indicates the decisions made in Executive Session by the Board. Attorney Winn said those decisions should be public and wanted to explain that these minutes do have those decisions listed. Chair De Costa clarified that the discussions that took place in Executive Session are not contained in the minutes; it is only the decision. Attorney Winn confirmed that was correct. Mr. Gerardo moved to approve the minutes and reflect the decisions made in Executive Session. Mr. Kyono seconded the motion. Ms. Hester requested a clarification as to what point in time will the Appraisers be apprised of the Board's final decisions minus the discussions. Chair De Costa said when the Chair signs the decisions. Attorney Winn said after they vote in Open Session to ratify their decisions, those decisions are then available for public information. Motion carried 5 :0 Recess A recess was called at 1 :08 p.m. to allow Staff to try to assist M/M Nishida with a hearing device. Board of Review Open Session February 8, 2013 Page 2 SUBJECT DISCUSSION ACTION The meeting resumed at 1:15 p.m. Appeals 13-0000905 J.Herring Toyokazu/Katherine Nishida 2-8-007-020-0000 Scheduled Toyokazu and Katherine Nishida were present and presented testimony. Mr. Herring was in attendance for the County to present his report to the Board. 13-0000931 J.Herring Joan Hudson 4-6-038-067-0000 Ms. Hudson was present and presented testimony. Mr. Herring was in attendance for the County to present his report to the Board. 13-0000957 K.Hester Ben Dyre Family Ltd Ptnshp 5-2-024-003-0001 13-0000958 K.Hester Ben Dyre Family Ltd Ptnshp 5-2-024-003-0002 13-0000959 K.Hester Ben Dyre Family Ltd Ptnshp 5-2-024-003-0003 13-0000960 K.Hester Ben Dyre Family Ltd Ptnshp 5-2-024-003-0004 13-0000961 K. Hester Ben Dyre Family Ltd Ptnshp 5-2-024-003-0005 13-0000971 K.Hester Ben Dyre Family Ltd Ptnshp 5-9-005-022-0000 The Board was in receipt of an email from the appellant withdrawing the 6 appeals as listed; no further Board action is required. 13-0000969 S.Howatt FHB, as Trustee for Kiyoshi Kimata etal 1-9-005-022-0000 The Board was in receipt of a communication from the appellant withdrawing his appeal; no further Board action is required. 13-0000917 J.Herring Rosalina Raposas 2-7-006-072-0000 The appellant was not present. Mr. Herring was in attendance for the County to present to present his report to the Board. 13-0000890 J.Herring Misao Sasaki 3-8-007-031-0000 The Board was in receipt of an email from the appellant withdrawing his appeal; no further Board action is required. Pending BOR S.Hunt Laurie Hamilton etal 5-8-011-046-0000 Decision It was noted that the appellant did not respond to Mr. Hunt's communication dated December 14, 2012. Mr. Gerardo moved to dismiss the appeal as incomplete and non-compliant in filing. Mr. Diogo seconded the motion. Motion carried 5:0 Board of Review Open Session February 8, 2013 Page 3 SUBJECT DISCUSSION I ACTION Stipulations/ 13-0001062 S.Hunt Peter Eacott 4-9-014-015-0000 Withdrawals Mr. Lizama moved to accept the County's stipulation. Mr. Kyono seconded the motion. Motion carried 5:0 13-0000908 C.Bedwell Hale Kaua'i, Ltd 3-2-005-012-0000 Mr. Lizama moved to accept the County's stipulation. Mr. Kyono seconded the motion. Motion carried 5:0 13-0001034 C.Bedwell Regency Kaua'i Holdings LLC (Withdrawn) 1-6-009-029-0000 Appeal was withdrawn; no further Board action required. 13-0000937 S.Howatt 2002 Haupt Family Revocable Living Trust 4-2-022-020-0004 Mr. Lizama moved to accept the County's stipulation. Mr. Kyono seconded the motion. Motion carried 5:0 Executive Chair De Costa read the Hawaii Revised Session Statutes provision as outlined on the agenda to take the Board into Executive Session for the purpose of exercising the adjudicatory function of the Board and to consult with the Board's Attorney. Mr. Lizama moved to go into Executive Session at 1 :58 p.m. Mr. Kyono seconded the motion. Motion carried 5 :0 Return to The meeting resumed in Open Session at 2: 11 p.m. to ratify actions taken in Executive Session Open Session 13-0000917 J.Herring Rosalina Raposas 2-7-006-072-0000 13-0000905 J.Herring Toyokazu/Katherine Nishida 2-8-007-020-0000 13-0000931 J.Herring Joan Hudson 4-6-038-067-0000 Mr. Diogo moved to ratify the Board's decision to sustain the County's assessment and indicate the decision in Open Session. Mr. Lizama seconded the motion. Motion carried 5:0 Board of Review Open Session February 8, 2013 Page 4 SUBJECT DISCUSSION ACTION Adjournment Chair De Costa adjourned the meeting at 2:13 p.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Craig De Costa, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting.