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HomeMy WebLinkAbout2014_0613_Minutes Open_APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 7/1/14 Board /Committee: BOARD OF REVIEW Meeting Date June 13, 2014 Location Mo`ikeha Building, Meeting Room 2 A/B Start of Meeting: 1:01 p.m. End of Meeting: 2:53 p.m. Present Chair Jose Diogo; Vice -Chair Dottie Bekeart; Members: Craig De Costa; Cayetano Gerardo; and Russell Kyono Also: Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrative Aide Teresa Tamura; Deputy Director of Finance Sally Motta; Tax Manager Kim Hester; COK Appraisers: John Herring; Damien Ventura Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Diogo called the meeting to order at 1:01 p.m. with 5 members present. Approval of a. Open Session Minutes of June 6, 2014 At the request of Staff, minutes were deferred to Minutes the July 11, 2014, meeting. Appeals 3. 14- 0000034 J.Herring S Larson Family Limited Partnership 5 -2- 004 - 082 -0003 Mr. Larson was in attendance and presented his testimony. Mr. Herring was in attendance for the County and presented his report to the Board. Mr. De Costa moved to approve the County's assessment of $7,100, 000 and changed the Use Tax Classification to Residential. Ms. Bekeart seconded the motion. Motion carried 5:0 6. 14- 0000148 J.Herring Roy W Gillette Jr 5 -2- 017 - 022 -0003 Mr. Gillette was in attendance and presented his testimony. Mr. Herring was in attendance for the County and presented his report to the Board. Ms. Bekeart moved to return the Use Tax Classification to Homestead. Mr. K ono seconded the motion. Motion carried 5:0 12. 14- 0000112 D.Ventura Suresh Kumar 4 -6- 011 - 015 -0000 Mr. Kumar was in attendance and presented his testimony. Mr. Ventura was in attendance for the County and presented his report to the Board. Board of Review Open Session June 13, 2014 01M SUBJECT DISCUSSION ACTION Ms. Bekeart moved to approve the County's assessment of $473,500. Mr. K ono seconded the motion. Motion carried 5:0 1. 14- 0000015 J.Herring Ronald/Gina Calisher 5 -1- 005- 112 -0000 Mr. Herring presented the County's stipulation to the Board for review. Mr. De Costa moved to approve the County's stipulation of $4,020,000. Mr. K ono seconded the motion. Motion carried 5:0 2. 14- 0000085 J.Herring Michael /Denise Scoyni 5 -1- 006 - 001 -0004 Mr. De Costa moved to approve the County's stipulation of $2,670, 000. Ms. Bekeart seconded the motion. Motion carried 5:0 4. 14- 0000081 J.Herring Mildred H Smith Trust 5 -2- 010 - 021 -0001 There was no one in attendance to represent the appellant. Mr. Herring was in attendance for the County and presented his report to the Board. Mr. De Costa moved to accept the County's recommendation to reduce the assessed value to $692,400. Mr. Bekeart seconded the motion. Motion carried 5:0 5. 14- 0000042 J.Herring Roessler Family Trust - Withdraw 5 -2- 013 - 006 -0004 No Board action required. 7. 14- 0000021 J.Herring Amber Morrison 2011 Trust 5 -2- 021 - 005 -0004 8. 14- 0000022 J.Herring Amber Morrison 2011 Trust 5 -2- 021 - 005 -0005 Communication received rom appellant withdrawing both appeals, no Board action required. 9. 14- 0000084 J.Herring Terry /Carole Wells 5 -2- 021 - 009 -0001 Chair Dio o granted appellant's re nest or a continuance. 10. 14- 0000097 J.Herring Robert /Mary Capwell 5 -2- 021 - 009 -0002 Chair Dio o granted appellant's re uest or a continuance. 11. 14- 0000154 D.Ventura Kim Murriera 4 -6- 006 - 032 -0000 Board of Review Open Session June 13, 2014 01M SUBJECT DISCUSSION ACTION Communication received rom appellant withdrawing the appeal; no Board action required. 13. 14- 0000135 D.Ventura Share No. 1 3 -1- 002 - 004 -0000 Ms. Bekeart moved to approve the County's stipulation of $27,300. Mr. De Costa seconded the motion. Motion carried 5:0 14. 14- 0000100 D.Ventura Moloa'a Farms LLC - Continuance 4 -9- 003 - 002 -0000 15. 14- 0000101 D.Ventura Moloa'a Farms LLC - Continuance 4 -9- 003 -011 -0000 16. 14- 0000102 D.Ventura Moloa'a Farms LLC - Continuance 4 -9- 003 -021 -0000 Chair Dio o granted the re uest or a continuance to the July 11, 2014, meeting. Discussion and possible decision - making on adding a section to amend the Board's rules and schedule a public hearing as necessary which would give the chair the authority to limit testimony time (On-going) Mr. De Costa moved that the Board have a discussion on the Rules. Ms. Bekeart seconded the motion. Deputy Attorney Hall reminded the Board they had asked if they could suspend parliamentary procedure and just allow discussion. In order to do that they do have to make a motion to suspend the rules on a particular basis to get around a certain rule, which makes it more work to actually suspend the rules. Any motion and second, which would allow for discussion to commence, can be withdrawn if it is no longer pertinent following discussion. Deputy Attorney Hall recommended not amending the rules and further stated when there is a rule they need to get around they can suspend the rules. The best practice is to make a motion on which the Board will be voting in order to eliminate the need to withdraw and restate the motion. Ms. Bekeart questioned a motion failing for lack of a second, which then does not allow for discussion to which Mr. De Costa said there have been seconds made for the purpose of discussion. Ms. Bekeart withdrew her second. Mr. De Costa withdrew the motion. Announcements Next Meeting: Friday, July 11, 2014, 1:00 p.m. Executive Mr. De Costa read the Hawai `i Revised Statutes Session as outlined on the agenda and moved to go into Executive Session at 2:41 p.m. Ms. Bekeart seconded the motion. Motion carried 5:0 Return to Open The meeting resumed in Open Session at 2:51 p.m. Board of Review Open Session June 13, 2014 0 SUBJECT DISCUSSION ACTION Session Ratify Board of Review actions taken in Executive Session for appeals shown on the attached listing and make those decisions public Ms. Bekeart moved to ratify the decisions made in Executive Session. Mr. Kyono seconded the motion. Motion carried 5: 0 Mr. De Costa moved to make the decisions on the appeals public. Mr. Kyono seconded the motion. Motion carried 5:0 Adjournment Mr. De Costa moved to adjourn the meeting at 2:53 p.m. Mr. Gerardo seconded the motion. Motion carried 5:0 Submitted by: Barbara Davis, Staff Support Clerk O Approved as circulated. O Approved with amendments. See minutes of Reviewed and Approved by: meeting. Jose R. Diogo, Chair