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.