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HomeMy WebLinkAbout2013_0111_Agenda_Notice_1 COUNTY OF KAUAI BOARD OF REVIEW NOTICE OF HEARING & AGENDA Friday, January 11 , 2013 1 :00 p.m. or shortly thereafter Mo 'ikeha Building, Meeting Room 2A / 2B 4444 Rice Street Lihue, Kauai, Hawaii 96766 CALL TO ORDER ELECTION OF CHAIR AND VICE CHAIR FOR 2013 (deferred from 11/2/12) APPROVAL OF MINUTES a. Open Session Minutes of November 2, 2012 b. Executive Session Minutes of November 2, 2012 APPEALS SCHEDULED — None ESTABLISH FORMAT FOR HEARING OF APPEALS SCHEDULED MEETING DATES FOR 2013 ANNOUNCEMENTS ADJOURNMENT Cc: Jennifer Winn, Deputy County Attorney EXECUTIVE SESSION Pursuant to Hawai'i Revised Statutes §92-7(a), the Board may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R. S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). An Equal Opportunity Employer • PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1 . Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3 . Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 6 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Board of Review Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu` e, HI 96766 E-mail:bdavisna,kauai.gov Phone: (808) 241 -4919 Fax: (808) 241 -5127 If you need an alternate format or auxiliary aid to participate, please contact the Office of Boards & Commissions at 241-4918 at least five (5) working days prior to the meeting. d 1.1 113 COUNTY OF KAUAI .y 1 Minutes of Meeting OPEN SESSION Board/Committee: I BOARD OF REVIEW Meeting Date I November 2, 2012 Location Mo `ikeha Building, Meeting Room 2 AB Start of Meeting: 1 :00 p.m. End of Meeting: 2 :06 p.m. Present Chair Cayetano Gerardo, Russell Kyono, and Benjamin Lizama, Jr. Also : Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Deputy Director of Finance Sally Mona; COK Appraisers: Kim Hester; Sandy Howatt; John Herring and Steven Hunt. Appellants: Mark Valencia, Attorney for appellant Seventh Day Adventists; Gary Johnson, Treasurer for Seventh Day Adventists Excused Vice-Chair Craig De Costa; Jose Diogo Absent SUBJECT DISCUSSION ACTION Call To Order Chair Gerardo called the meeting to order at 1 :00 p.m. with a quorum of 3 members present Approval of a. Minutes of October 19, 2012 Mr. Lizama moved to approve the minutes as Minutes circulated. Mr. Kyono seconded the motion. Motion carried 3 :0 Appeals . 1. 12-0000122 S.Howatt HI Conference of Seventh- Day Adventists 2-7-001-003-0001 2. 12-0000123 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0002 3. 12-0000124 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0003 4. 12-0000125 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0004 5. 12-0000126 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0005 6. 12-0000127 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0006 7. 12-0000128 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0007 8. 12-0000129 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0008 9. 12-0000130 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0010 Board of Review Open Session November 2, 2012 Page 2 SUBJECT DISCUSSION ACTION 10. 12-0000131 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0013 11. 12-0000132 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0014 12. 12-0000133 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0015 13. 12-0000134 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0016 14. 12-0000135 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0017 15. 12-0000136 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0019 16. 12-0000137 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0021 17. 12-0000138 S.Howatt HI Conference of Seventh-Day Adventists 2-7-001-003-0022 18. 12-0000139 S.Howatt HI Conference of Seventh- Day Adventist 2-7-001-003-0023 19. 12-0000140 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0024 20. 12-0000141 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0025 21. 12-0000142 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0026 22. 12-0000143 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0027 23. 12-0000144 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0028 24. 12-0000145 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0029 25. 12-0000146 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0030 26. 12-0000147 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0031 27. 12-0000148 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0032 28. 12-0000149 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0033 29. 12-0000150 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0034 Board of Review Open Session November 2, 2012 Page 3 SUBJECT DISCUSSION ACTION 30. 12-0000151 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0035 31. 12-0000152 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0036 32. 12-0000153 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0037 33. 12-0000154 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0038 34. 12-0000155 S.Howatt HI Conference of Seventh-Day Adventist 2-7-001-003-0039 Mark Valencia, Attorney for appellant; Gary Johnson, treasurer for the appellant were present and provided testimony. Ms. Howatt and Mr. Herring were in attendance for the County to present their report to the Board. Executive Based on H.R.S. §92-5(a)(4), Mr. Kyono moved Session to go into Executive Session at 1 :45 p.m. to confer with the Board' s Attorney. Mr. Lizama seconded the motion. Motion carried 3 :0 Return to Open The meeting returned to Open Session at 2:00 p.m. Session Appeals (cont'd) Board discussion continued for Appeals listed as 1 through 34 Mr. Lizama moved that the exemption for the 34 parcels (Appeal Case # 12-0000122 through 12-0000155) be extended to the appellant. Mr. Kyono seconded the motion. Mr. Lizama said the Church has had the exemption on the total property for all these years and irrespective of the new CPR on the property he would approve keeping the exemption for the Church as this time. Mr. Kyono agreed with Mr. Lizama and said that the Church has the same actual/exclusive use on all 34 parcels as before. Motion carried 3 :0 35. 12-0000002 J.Herrine Amy Boyd 4-1-010-004-0000 (deferred from October 19, 2012 meeting) The appellant or its representative was not present nor was any additional written material provided in support of the appeal. Mr. Herring was present for the County; however no further testimony was presented in the absence of the appellant. Mr. Lizama moved to approve the County' s assessment. Mr. Kyono seconded the motion. Motion carried 3 :0 Board of Review Open Session November 2, 2012 Page 4 SUBJECT DISCUSSION ACTION Election Election of Chair and Vice Chair for 2013 Mr. Kyono moved to defer the election to the next meeting. Mr. Lizama seconded the motion. Motion carried 3 :0 • Announcements Staff announced this was the last meeting for 2012. The Board will be notified accordingly when the appeals have been scheduled for hearings in 2013 , which is anticipated to begin in January. Adjournment Mr. Kyono moved to adjourn the meeting at 2:06 p.m. Mr. Lizama seconded the motion. Motion carried 3 :0 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Cayetano Gerardo, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting.