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HomeMy WebLinkAboutMar 10 2017 BOR Minutes Open Approved as AmendedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as amended 5/5/17 Board/Committee: BOARD OF REVIEW Meeting Date March 10, 2017 Location Mo‘ikeha Building, Meeting Room 2 A/B Start of Meeting: 1:00 p.m. End of Meeting: 3:45 p.m. Present Chair Dorothy Bekeart, Vice-Chair Julie Caspillo. Members: Donald Kolenda, Russell Wong, Craig De Costa Also: Deputy County Attorney Mark Bradbury; Boards & Commissions Staff: Administrator Jay Furfaro; Support Clerk Lani Agoot; Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Bekeart called the meeting to order at 1:00 p.m. with 5 members present which constitutes a quorum. Approval of Minutes a. Open Session Minutes of March 3, 2017. Chair Bekeart said the ''return to open session" section of the minutes where actions in executive session are ratified doesn't have the language about the exemption in the decisions made. Ms. Caspillo said she thought it was mentioned that by approving the county's total assessment it included the exemption. Chair Bekeart said it is just not clear that there was any decision made on the exemption. She said if there are exemption issues in the future the Board needs to say they sustain the county's denial of the exemption and not just talk about the assessment because it is interpreted as just being a value by staff when actually the intent was to include the fact that there was the exemption status as reflected in the county's assessment. Mr. Wong asked if it would be appropriate to clarify the homeowner exemptions now and get that recorded in the minutes. Mr. Bradbury said he agreed with Julie that when the assessment was upheld it inherently meant that the homestead exemption was validly rejected however for the purpose of clarification it may be better to go through and say that the home exemption was validly rejected which could be done in open session. Chair Bekeart asked if the executive session minutes from March 3rd were available to which staff said they would be on the April 7, 2017 agenda for approval. Mr. Bradbury suggested deferring the open session minutes of March 3rd to the April 7, 2017 meeting. Ms. Caspillo moved to defer the Open Session minutes of 3/3/17 to 4/7/17. Mr. Kolenda seconded the motion. Motion carried 5:0. Board of Review Open Session May 10, 2017 Page 2 SUBJECT DISCUSSION ACTION Appeals 13. 17-0000046 M. Hubbard Jennifer Gunther Living Trust 5-4-005-004-0014 Ms. Gunther was in attendance and presented her testimony to the Board. Mr. Roche was in attendance for the County and presented his report to the Board. The Board reviewed the testimony given in Executive Session. 1. 17-0000007 S. Roche Fernandez Living Trust 4-5-001-003-0000 Mr. and Ms. Fernandez were in attendance and presented their testimony to the Board. Mr. Roche was in attendance for the County and presented his report to the Board. The Board reviewed the testimony given in Executive Session. 16. 17-0000018 B. Cone Edwin/Nancy Bennett 5-3-008-022-0002 Mr. and Ms. Bennett were in attendance and presented their testimony to the Board. Mr. Cone was in attendance for the County and presented his report to the Board. The Board reviewed the testimony given in Executive Session. 10. 17-0000035 M. Hubbard Paul/Alice Wesbecher 3-5-001-174-0009 Mr. Wesbecher was in attendance and presented his testimony to the Board. Mr. Hubbard was in attendance for the County and presented his report to the Board. The Board reviewed the testimony given in Executive Session. 11. 17-0000036 M. Hubbard Donald J. Demers Trust 3-5-001-174-0011 Board of Review Open Session May 10, 2017 Page 3 SUBJECT DISCUSSION ACTION Mr. Demers was in attendance and presented his testimony to the Board. Mr. Hubbard was in attendance for the County and presented his report to the Board. The Board reviewed the testimony given in Executive Session. 2. 17-0000072 S. Roche Jade A K Fountain Trust 4-5-002-008-0000 Ms. Fountain was in attendance and presented her testimony to the Board. Mr. Roche was in attendance for County and presented is report to the Board. The Board reviewed the testimony given in Executive Session. 17. 17-0000063 C. Arzadon Gregory/Robin Yost 4-1-011-014-0002 Chair Bekeart recused herself from this appeal. Mr. Yost was in attendance and presented his testimony to the Board. Mr. Arzadon was in attendance for the County and presented his report to the Board. The Board reviewed the testimony given in Executive Session. 3. 17-0000092 S. Roche Tom/Aimee Floeter-Lieber 4-9-011-033-0001 No one was present to represent the appellant and no testimony was given to the Board. Mr. Roche was in attendance for the County and shared that he has been in contact with Mr. Lieber and they are in agreement to a stipulated value however he doesn't have the paperwork back from the appellant at this time. Mr. Roche requested a continuance to April 7, 2017. Chair Bekeart granted a continuance of the Appeal to April 7, 2017. 4. 17-0000056 M. Hubbard William/Lyla Flohrs Trust 2-8-016-007-0007 Board of Review Open Session May 10, 2017 Page 4 SUBJECT DISCUSSION ACTION 5. 17-0000057 M. Hubbard William/Lyla Flohrs Trust 2-8-016-007-0013 6. 17-0000058 M. Hubbard William/Lyla Flohrs 2-8-016-007-0049 8. 17-0000020 M. Hubbard William Flohrs 2-8-017-026-0065 No one was present to represent the appellant and no testimony was given to the Board. Chair Bekeart said there was a request from Mr. Flohrs for a continuance of unit 94 which is item number 8 but items 4, 5, and 6 has no request for a continuance. Mr. Hubbard was in attendance for the County and said Mr. Flohrs intended to ask for a continuance for his 4 cases to May 12, 2017. Chair Bekeart granted a continuance to May 12, 2017 for items 4, 5, 6, and 8. 7. 17-0000032 M. Hubbard David/Marjie Mehlis 2-8-017-026-0019 No one was present to represent the appellant and no testimony was provided to the Board. Mr. Hubbard was present for the County. He gave the Board copies of an email he received yesterday from the appellant and presented his report. The Board reviewed the Appeal in Executive Session. 9. 17-0000033 M. Hubbard Omar/Maryann Johnson 2-8-017-026-0142 No one was present to represent the appellant and no testimony was provided to the Board. Mr. Hubbard was in attendance for the County and presented his report to the Board. The Board reviewed the Appeal in Executive Session. 12. 17-0000039 M. Hubbard Best Ocean View LLC 4-3-009-041-0040 Board of Review Open Session May 10, 2017 Page 5 SUBJECT DISCUSSION ACTION Chair Bekeart granted a continuance of the Appeal to May 12, 2017. 14. 17-0000045 M. Hubbard Michael Riordan 5-4-005-004-0007 Chair Bekeart granted a continuance of the Appeal to May 12, 2017. 15. 17-0000047 M. Hubbard Michael Riordan 5-4-005-004-0010 No one was present to represent the appellant and no testimony was presented to the Board. Mr. Hubbard was in attendance for the County. Chair Bekeart noted that there was a typo in the tax key number for item number 15 on the Notice of Appeal stating it should be 5-4-005-007-0010 and not 5-4-005-004-0010. She asked if these two properties were in the same project to which Mr. Hubbard replied they are not. He shared that he received written comments from the appellant today requesting a withdrawal for item number 15 and a continuance for item number 14 to May 12, 2017. Appeal withdraw: No Board action required. Executive Session Mr. Wong moved to go into Executive Session at 3:19 p.m. Ms. Caspillo seconded the motion. Motion carried 5:0 Return to Open Session 1. 17-0000007 S. Roche Fernandez Living Trust 4-5-001-003-0000 Ms. Caspillo moved to sustain the county's use tax classification of commercialized home use. Mr. Kolenda seconded the motion. Motion carried 5:0. 2. 17-0000072 S. Roche Jade A K Fountain Trust 4-5-002-008-0000 Mr. Kolenda moved to sustain the county's denial of home exemption and classification. Ms. Caspillo seconded the motion. Motion carried 5:0. The meeting resumed in Open Session at 3:44 p.m. Mr. De Costa moved to ratify the decisions made in Executive Session and make it public. Ms. Caspillo seconded the motion. Motion carried 5:0. Board of Review Open Session May 10, 2017 Page 6 SUBJECT DISCUSSION ACTION 7. 17-0000032 M. Hubbard David/Marjie Mehlis 2-8-017-026-0019 Mr. Wong moved to sustain the county's assessment of $313,600. Mr. Kolenda seconded the motion. Motion carried 5:0. 9. 17-0000033 M. Hubbard Omar/Mariannc Johnson 2-8-017-026-0142 Mr. Kolenda moved to sustain the county's assessment $329,600. Mr. Wong seconded the motion. Motion carried 5:0. 10. 17-0000035 M. Hubbard Paul/Alice Wesbecher 3-5-001-174-0009 Ms. Caspillo moved to sustain the county's assessment $1,198,700. Mr. Kolenda seconded the motion. Motion carried 3:2. 11. 17-0000036 M. Hubbard Donald J. Demerst Trust 3-5-001-174-0011 Ms. Caspillo moved to sustain the county's assessment value at $1,198, 700. Mr. Kolenda seconded the motion. Motion carried 3:2. 13. 17-0000046 M. Hubbard Jennifer Gunther Living Trust 5-4-005-004-0014 Mr. Wong moved to sustain the county's assessment of $469,300. Ms. Caspillo seconded the motion. Motion carried 5:0. 16. 17-0000018 B. Cone Edwin/Nancy Bennett 5-3-008-022-0002 Mr. Wong moved to sustain the county's assessment with the denial of the home exemption and use tax classification. Mr. De Costa seconded the motion. Motion carried 5:0. Board of Review Open Session May 10, 2017 Page 7 SUBJECT DISCUSSION ACTION 17. 17-0000063 C. Arzadon Gregory/Robin Yost 4-1-011-014-0002 Mr. Wong moved to sustain the county's assessment of $702,300. Mr. De Cost seconded the motion. Motion carried 4:0. (Chair Bekeart was recused). Announcements Next Meeting: April 7, 2017, Friday -1:00 p.m. Adjournment Mr. Kolena moved to adjourn the meeting at 3:45 p.m. Mr. Wong seconded the motion. Motion carried 5:0. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Lani Agoot, Staff Support Clerk Dorothy R. Bekeart, Chair ( ) Approved as circulated. (X) Approved with amendments. See minutes of May 5, 2017 meeting.