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HomeMy WebLinkAbout2015_1002_Minutes Open_APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 11/20/15 Board /Committee: BOARD OF REVIEW Meeting Date October 2, 2015 Location Mo`ikeha Building, Meeting Room 2 A/B Start of Meeting: 1:01 p.m. End of Meeting: 1:27p.m. Present Vice -Chair Jose Diogo; Members: Julie Caspillo, Donald Kolenda, and Russell Kyono Also: Deputy County Attorney Adam Roversi; Boards & Commissions Staff. Support Clerk Barbara Davis; Tax Manager Steven Hunt; COK Appraiser: Mike Hubbard Excused Chair Dorothy Bekeart Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Diogo called the meeting to order at 1:01 p.m. with 4 members present. Approval of Open Session Minutes of September 4, 2015 Mr. Kolenda moved to approve the minutes as Minutes circulated. Mr. Kyono seconded the motion. Motion carried 4:0 Appeals 1. 15- 0000012 M.Hubbard Curtis /Bonnie Lofstedt Trust 2 -3- 008 - 058 -0000 Ms. Caspillo moved to approve the County's stipulation of $432, 000. Mr. Kyono seconded the motion. Motion carried 4.-0 2. 15- 0001267 M.Hubbard Margarette Johannes (2015) 2 -3- 020 - 092 -0000 Mr. Kolenda moved to approve the County's stipulation of $550,700 less $160, 000 exemption for a next taxable rate of $390, 700 and to change the Use Tax Classification to Commercialized Home Use. Mr. Kyono seconded the motion. Motion carried 4:0 3. 15- 0001264 M.Hubbard Margarette Johannes (2014) 2 -3- 020 - 092 -0000 Mr. Kolenda moved to approve the County's stipulation of $467,900 less $160,000 exemption for a next taxable rate of $307,900 and to change the Use Tax Classification to Residential. Mr. Kyono seconded the motion. Motion carried 4.-0 4. 15- 0001261 M.Hubbard Margarette Johannes (2013) 2 -3- 020 - 092 -0000 Ms. Caspillo moved to approve the County's stipulation of $389,300 less $48,000 exemption for a next taxable rate of $341,300 and to change the Use Tax Classification to Residential. Mr. Kolenda seconded the motion. Motion carried 4:0 5. 15- 0001318 M.Hubbard Thomas /Jami McKnight 2 -8- 015- 023 -0000 Board of Review Open Session October 2, 2015 Page 2 SUBJECT DISCUSSION ACTION Vice Chair Dio o granted the appellant's re uest or a continuance. 6. 15- 0000096 M.Hubbard The Sitzmark At Vail, Inc 3 -3- 012 - 012 -0000 Mr. Kolenda moved to approve the County's stipulation of $1,223,700. Ms. Caspillo seconded the motion. Motion carried 4:0 7. 15- 0000037 M.Hubbard KW -1 LLC 3 -5- 003 - 019 -0000 Ms. Caspillo moved to approve the County's stipulation of $1,314,800. Mr. Kolenda seconded the motion. Motion carried 4:0 8. 15- 0000066 M.Hubbard Lihu'e Industrial Dev Co 3 -6- 012 - 005 -0000 Vice Chair Dio o granted the appellant's re uest or a continuance. 9. 15- 0000101 M.Hubbard coconut Plantation Beach Investors, LLC (New owners) 4 -3- 007 - 027 -0000 Ms. Caspillo moved to approve the County's stipulation of $7,185,700. Mr. Kolenda seconded the motion. Motion carried 4:0 10. 15- 0000147 M.Hubbard Huna Kai Ranch Inc 5 -2- 004 - 064 -0002 There was no one in attendance to represent the appellant. Mr. Hubbard was in attendance for the County but did not present a report. Ms. Caspillo moved to sustain the County's assessment of $3,058,700. Mr. Kyono seconded the motion. Motion carried 4:0 Ms. Caspillo moved to sustain the County's Use Tax Classification of Residential Investor. Mr. Kyono seconded the motion. Motion carried 4:0 Stipulation / 11. 15- 0000091 M.Hubbard Kiahuna Players LLC 2 -8- 014- 007 -0000 Withdrawal Mr. Kolenda moved to approve the County's stipulation of $6,552,900 and to change the Use Tax Classification to Commercial. Mr. Kyono seconded the motion. Motion carried 4:0 12. 15- 0000090 M.Hubbard Kiahuna Players LLC 2 -8- 014 - 031 -0000 Mr. Kolenda moved to approve the County's stipulation of $997,000 and to change the Use Tax Classification to Commercial. Mr. Kyono seconded the motion. Motion carried 4:0 13. 15- 0000092 M.Hubbard Kiahuna Players LLC 2 -8- 014- 036 -0000 Board of Review Open Session October 2, 2015 Page 3 SUBJECT DISCUSSION ACTION Mr. Kolenda moved to approve the County's stipulation of $2,446,900 and to change the Use Tax Classification to Commercial. Mr. K ono seconded the motion. Motion carried 4.-0 Announcements Next Meeting: To Be Determined Mr. Hunt announced the Department did not think there would be any more live appeals this year, but if there are some stipulations or agreed settlements, because the next tax billing will occur in the January /February period with some of those adjustment applicable to that period, if they can consolidate the stipulations and withdrawals into one meeting it might be necessary to schedule a meeting in November. The Administrative Rules on Real Property Tax Classification, adopted on July 17, were distributed to Board Members prior to the start of the meeting, and help define what the uses of classification of properties going forward will be. The challenging classifications to be implemented are the Homestead and what classifies as exclusive use, Commercialized Home Use and Residential as they can have the same appearance of use. Exclusive use means it is being used solely as the principal residence; if there are multiple buildings on the property they may be entitled to a home use exemption as long as they reside on the property as their primary residence. You don't necessarily get Homestead unless there is either long -term affordable tenant or another owner - occupant in the other dwelling. Under a vacant scenario that property would be classified as Commercialized Home Use. The Administrative Rules will be placed on the next agenda in case the Board Members have any questions for County Staff. Approval of Executive Session Minutes of September 4 2015 Ms. Cas illo moved to approve the minutes as Board of Review Open Session October 2, 2015 SUBJECT DISCUSSION ACTION circulated. Mr. Kolenda seconded the motion. Motion carried 4:0 Adjournment Mr. Kolenda moved to adjourn the meeting at1:27 p.m. Mr. Kyono seconded the motion. Motion carried 4:0 Submitted by: Barbara Davis, Staff Support Clerk O Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Jose Diogo, Vice Chair