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HomeMy WebLinkAbout2015-08-18 BOR Meeting MinutesTAX BOARD OF REVIEW MEETING MINUTES Appeal Hearings Tuesday, August 18, 2015 Aupuni Center Conference Room Hilo, Hawaii CALL TO ORDER Due to the absence of Chairman Donald David, Deputy Corporation Counsel Renee Schoen called the meeting to order at 9:00 a.m. Present were: Board Members Reiko Ford, Richard Dinges, Melvin Ventura and Wesley Takai; Deputy Corporation Counsel Renee Schoen; Acting Real Property Tax Assistant Administrator Keita Jo, Real Property Appraisal Supervisor Jaime Ortiz Nava and Real Property Appeals Board Clerk Elizabeth Nina Swain. STATEMENTS FROM THE PUBLIC There were no statements from the public. ELECTION OF VICE -CHAIRPERSON Due to the resignation of Reiko Ford as elected Chairperson at the Board's organizational meeting held in March and by succession Donald David, as Vice -Chairperson, assuming the position as Chairperson, the position of Vice -Chairperson was left vacant. A call for nominations was made. Mrs. Ford nominated Wesley Takai to the position. No other nominations were made. Mrs. Ford moved to nominate Wesley Takai as Vice -Chair. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 4:0. Mr. Takai, as newly elected Vice -Chairperson, conducted the remainder of the meeting. Recessed: 9:04 a.m. Reconvened -9-11 a.m. APPROVAL OF MEETING MINUTES Board Clerk Ms. Swain requested to have the approval of the March 4, 2015, meeting minutes of rescheduled to Wednesday, August 19th. A call for questions was made. Mr. Dinges moved to reschedule the approval of the March 4th meeting minutes to tomorrow (August 19th). Seconded by Mr. Ventura. A call for discussion was made. Motion passed by a vote of 4:0. TAX APPEAL CASE HEARINGS Note: Prior to the start of the case hearings, Deputy Corporation Counsel Renee Schoen advised all Appellants and the Department of the appointment of Board Members as private citizens and volunteers from the community, the procedure the Board would be following for the rendering of their decision, and the Appellants' further right to appeal to the Tax Appeal Court located in Honolulu within 30 days from the date of the decision letter that the appellant will be receiving via certified mail. For each appeal case, the appraiser submitted a packet of information to the Board, unless there had been a prior settlement with the Appellant or withdrawal. If the Appellant was not present, any information sent in by the Appellant was presented to the Board along with the appraisers' packet. CASE #23233 — OHIA, COLBURN TMK 1-4-003-043-0000 Present were appellant Colburn Ohia and his representative Leimomi Pieper. Present for the County was appraiser Sally Kaaiakamanu and Clerical Supervisor Pohai Kelson. Property located on the Old Government Road near Kapoho. Appeal on the land value and denial of Kuleana exemption. Appellant and his representative presented their case as related to the land value. County Appraiser Sally Kaaiakamanu presented their case and recommended sustaining the land value at $82,900. A call for questions was made. Mr. Dinges moved to accept the County's value of $82,900. Seconded by Mr. Ventura. A call for discussion was made. Motion passed by a vote of 4:0. Appellant and his representative presented their case as related to the denial of the Kuleana exemption. County Clerical Supervisor Pohai Kelson presented their case and recommended sustaining the denial of the exemption. A call for questions was made. Mrs. Ford moved to deny the appellant's request for the Kuleana exemption. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 4:0. Recessed: 10:33 a.m. Reconvened:10:41 a.m. 2 CASE #23134 — MISHLER, SHAWN TMK 1-1-054-002-0000 Appellant was not present. It was noted for the record that the appellant received his notice of hearing on July 22, 2015, as evidenced by the certified mail return receipt. Present for the County was Clerical Supervisor Pohai Kelson. Property located on Hoolehua Road. Appeal on denial of homeowner's exemption. County presented their case together with any and all information provided by the appellant. County recommended sustaining the denial of the exemption. A call for questions was made. Mrs. Ford moved to deny the appellant's request for exemption. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 4:0. CASE #23180 — HUDSON, TAMARA TMK 1-3-002-116-0000 Appellant was not present. It was noted for the record that the appellant received her notice of hearing on August 9, 2015, as evidenced by the certified mail return receipt. Present for the County was Appraiser Dori Hoohuli. Property located at Bird of Paradise Gate on the Kapoho Beach Road. Appeal on land value. County presented their case together with any and all information provided by the appellant. County recommended reducing the land value to $135,100. A call for questions was made. Mr. Dinges moved to accept the County's recommended reduced value of $135,000. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 4:0. CASE #23080 — BOTELHO, BEVERLY TMK 2-5-055-048-0000 Appellant was not present. It was noted for the record that the appellant received her notice of hearing on July 20, 2015, as evidenced by the certified mail return receipt. Present for the County was Clerical Supervisor Pohai Kelson. Property located on Country Club Drive in Kaumana Estates. 3 Appeal on the denial of the Affordable Rental Housing exemption. County presented their case together with any and all information provided by the appellant. County recommended granting the exemption. A call for questions was made. Mrs. Ford moved to accept the County's recommendation to grant the Affordable Rental Housing exemption. Seconded by Mr. Dinges. A call for discussion was made. Mrs. Ford moved to withdraw her motion. Mr. Dinges withdrew his second. A call for questions was made. Mr. Takai moved to accept the County's recommendation to grant the Affordable Rental Housing exemption. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 4:0. CASE #23276 — CLONINGER, DAVID TMK 2-6-013-037-0000 Appellant was not present. It was noted for the record that the appellant received his notice of hearing on July 29, 2015, as evidenced by the certified mail return receipt. Present for the County was Appraiser Brandon Cain. Property located on Kaiwiki Road in Hilo. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended sustaining the land value at $121,700 and the building value at $133,000. A call for questions was made. Mr. Ventura moved to accept the County's values of $133,000 for the building and $121,700 for the land. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 4:0. WITHDRAWN CASES County presented to the Board appellants' requests to withdraw their appeals for the following cases: Case No. 23149 TMK 1-4-025-003-0000 WILSON, VIRGIL J III Case No. 23135 TMK 2-5-033-004-0000 DE VRIES, HELEN Case No. 23124 TMK 4-3-013-046-0000 BENNETT, RUTH (TRST) A call for questions was made. 51 Mrs. Ford moved to accept the withdrawals for Case Nos. 23149, 23135 and 23124. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 4:0. SETTLEMENTS — 9:OOA APPEALS AGENDA County presented to the Board a 3 -page Appeals Agenda containing information on 16 cases that had reached settlement agreements between the County and the respective appellants. A copy of the agenda is attached hereto as Exhibit A. Mrs. Ford questioned the land and building values in Case No. 23138. County Appraiser Raynette Mar responded. It was noted by Mr. Ortiz Nava that there was a discrepancy in the tax map key number listed for Case No. 23138 and would require further research. Requested that the approval of the settlement be moved to tomorrow's agenda (August 19) to allow the County time to research the information. Mr. Dinges questioned the reduction in land value for Case Nos. 23115 and 23118. County Appraiser Dori Hoohuli responded. Mrs. Ford questioned the land value in Case No. 23264. County Appraiser Nicholas Bassis responded. Mr. Takai questioned the land value in Case No. 23172. County Appraiser Brandon Cain responded. A call for questions was made. Mr. Dinges moved to accept the settlements as presented except for Case No. 23178 which would be moved to tomorrow's agenda. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 4:0. Recessed: 12:05 p.m. Reconvened: 1:33 p.m. CASE #23176, 23174, 23173 & 23175 — GARNER, GLORY TMK 1-3-003-037-0000,1-3-003-065-0000,1-3-003-066-0000 & 1-3-003-067-0000 Present were appellant Glory Garner and County Appraiser Dori Hoohuli. Property located on Kamaili Road in Opihikao. All appeals on land values. Note: Mrs. Ford requested to be excused from the meeting at 1:52 p.m. for the remainder of the day. Request granted by Vice -Chair Takai. 5 Appellant presented her case. County presented their case and recommended sustaining the assessed values for all four parcels. A call for questions was made. Mr. Takai moved to sustain the County's values of all four parcels. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 3:0. CASE #23129 — COLE, JOHN TMK 1-77-013-071-0000 Appellant was not present and it was noted for the record that the appellant did provide prior notification that he would not be attending. Present for the County was Appraiser Shannon Arquitola. Property located on Enos Road in Mountain View. Appeal on land value. County presented their case together with any and all information provided by the Appellant. County recommended sustaining the land value at $77,000. A call for questions was made. Mr. Ventura moved to sustain the County's value at $77,000. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 3:0. CASE #23246 — SALVADOR, LYNN TMK 2-2-043-007-0000 Appellant was not present. Present was County Appraiser Dori Hoohuli. County informed the Board that a settlement agreement had been reached for the property, however, the person executing the agreement was not the original appellant. Documents were provided to Mrs. Schoen for review. Mrs. Schoen advised the Board to continue the case to allow the County time to obtain the appropriate signatures on the settlement agreement as required. A call for questions was made. Mr. Dinges moved to continue the case to October 6 at 9:00 a.m. Seconded by Mr. Ventura. A call for discussion was made. Motion passed by a vote of 3:0. CASE #23216 & 23215 — WEST HAWAII BUSINESS PARK TMK 7-4-008-084-0000 & 7-4-008-085-0000 Appellant was not present. It was noted for the record that the appellant received their notice of hearing on July 24, 2015, as evidenced by the certified mail return receipt. Present for the County was Appraiser Dionne Costa. Properties located off of Queen Kaahumanu Highway in Kailua-Kona. 0 Both appeals on land values. County presented their case together with any and all information provided by the Appellant. County recommended reducing the land value in Case No. 23216 to $4,610,000 and Case No. 23215 to $2,543,000. A call for questions was made. Mr. Dinges moved to sustain the County's valuations for Case Nos. 23216 and 23215. No second made. Motion died due to lack of a second. Mr. Ventura moved to accept the County's recommendation to reduce the land value in Case No. 23215 to $2,543,000 and Case No. 23216 to $4,610,000. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 3:0. CASE #23279 — NAKAMURA, ATSUKO TMK 9-9-005-037-0000 Appellant was not present. It was noted for the record that the appellant received her notice of hearing on July 24, 2015, as evidenced by the certified mail return receipt. Present for the County was Appraiser Nicholas Bassis. Property located in the Volcano Golf and Country Club subdivision. Appeal on land value. County presented their case together with any and all information provided by the Appellant. County recommended reducing the land value to$48,100. A call for questions was made. Mr. Takai moved to accept the County's recommendation to reduce the value to $48,100. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 3:0. WITHDRAWN CASES County presented to the Board appellants' requests to withdraw their appeals for the following cases: Case No. 23281 TMK 1-5-001-001-0000 Case No. 23112 TMK 1-5-009-055-0000 Case No. 23226 TMK 1-5-100-001-0000 Case No. 23130 TMK 1-7-013-072-0000 Case No. 23269 TMK 2-2-038-104-0000 Case No. 23242 TMK 2-3-007-009-0000 Case No. 23277 TMK 2-4-015-036-0000 A call for questions was made. 7 PEARNE, NANCY & LIZ DEARING, GARRETT BLAZE NEWBERRY, RONALD LEE COLE, JOHN KOHL, KEITH AMAR, SHALOM YAMASHITA, CAROL SPENCER Mr. Ventura moved to accept the withdrawals as presented by the County. Seconded by Mr. Dinges. A call for discussion was made. Motion passed by a vote of 3:0. CASE #23315,23314 & 23313 — LILIUOKALANI TRUST ESTATE TMK 7-4-008-002-0000, 7-4-020-022-0000 & 7-4-020-028-0000 Presented to the Board was Appellant's written request to reschedule their appeal cases due to pending information in support of their appeals. A call for questions was made. Mr. Dinges moved to accept the rescheduling of Case Nos. 23315, 23314 and 23313 to November 17 at 9:00 a.m. Seconded by Mr. Ventura. A call for discussion was made. Motion passed by a vote of 3:0. SETTLEMENTS — 1:30P APPEALS AGENDA County presented to the Board a 2 -page Appeals Agenda containing information on seven (7) cases that had reached settlement agreements between the County and the respective appellants. A copy of the agenda is attached hereto as Exhibit B. Mr. Takai questioned the building value for Case No. 23275. County Appraiser Sally Kaaiakamanu responded. A call for questions was made. Mr. Dinges moved to accept the settlements as presented. Seconded by Mr. Ventura. A call for discussion was made. Motion passed by a vote of 3:0. OLD BUSINESS No old business discussed. NEW BUSINESS • TMK 7-2-017-019-0000 & 7-2-017-022-0000 — J&N 2013 TRUST Daryl Doggett, Doggett Real Estate Services LLC Letter in protest to denial of appeals filed on behalf of J&N 2013 Trust Letter dated June 16, 2015, from Mr. Doggett requesting a reconsideration of the denial of appeals that were filed on behalf of J&N 2013 Trust and denied by Chairman Donald David was presented to the Board. A call for questions was made. Mr. Dinges moved to uphold Chairman David's denial of the appeals. Seconded by Mr. Ventura. A call for discussion was made. Motion passed by a vote of 3:0. 0 TMK 1-8-006-208-0000 — WATT, JAMES Acceptance or denial of appeal filed on 04/07/15 The Taxpayer's Notice of Appeal filed on April 7, 2015, by James Watt was presented to the Board for a decision to accept or deny the appeal as the form did not contain the Appellant's signature as required. A call for questions was made. Mr. Takai moved to accept the appeal to be heard by the Board. Seconded by Mr. Ventura. A call for discussion was made. Motion passed by a vote of 3:0. ANNOUNCEMENTS No announcements were made. ADJOURNMENT Meeting adjourned at 3:50 p.m. Respectfully submitted, ��zakd Oiya) Swam Elizabeth (Nina) Swain Real Property Appeals Board Clerk 9 OM OD W N O_ cn O O V/ m r m K m z O O D A N m u f m N III � D D p 8 V Do a n w m O N g m m v~ O m � °xm ➢ � � s m m N m 2 Ay ,a n D N o = m H O O a Y MK Ou O O O m m T A <e A A f m D o V Do w N O N v~ n � ➢ N � s N N ,a n N 3 m H a Y MK Ou Z O O m m T A <e gl b z a0y D D I (Y N Y D A eg & D o 2p ➢ O m O" mg' D m Om o ozb gS3p mnr+ m A G m of A o S o 0000 0o go g. 0000 mrt 0 � a i n X x oo�so 00 0 X 00 0o aogog o0 00-� I<r = m- i m m p O 0 O i 9 4 0 0 0 0 0 Q A mH n m b o q y x m 3 3 3 m Z A 3 J Z y y ¢ 2 y' E= � m n wti D O 0 O O A A A f m D o Do O N n m � s ,a n m H a Y MK m N n m � s ,a n m H a Y MK <e I (Y N Y mnr+ no 0 G 0000 0000 0o go g. 0000 mrt 0000 � a i n oo�so 00 0 00 0o aogog o0 00-� I<r 4 0 0 0 0 0 Q A mH n m b o x m 3 3 3 3 3 m5 � wti O 00 00 N O_ Ol O co O V/ m r m K m z cn co 0 0 D f0 3 D � 3 �= ➢ b m O N I, O P� O O bbl i � �, 2 O p i O T ➢ INII b. 9 A 9 9 A w] om n MO m n b I i 4 N b O m o o a - - D m O m T; yy g _ A vy Z y OI. ➢s p O N T` All P o - of it m ➢ Z m a m � D O 9 A_ $ K D 3 � O Ui O OJ w O ° m " c 'O ry v m oy w m K 0 < 0 N ry O y 3qH N ° n y O rte it 0000g o00o 000a omen o00o m o - i <a I o 0 0 0 0 0 O 00 OD N O_ C Li O VI m r m K m z cn 0 D 9a 93= 930 9qa iZ msu 3 �o Q 0 �o �v D bus `° �o'o D `� T •O oo O m 0 S z =oo mo N 3 3 > ml m A A D ��- T S N g A g Z I K N - p O O m O O ON O O z z X �m o n n na n i i 'i n ryy - a NO �m TN2 �4D �Am 8 n m yi K o m n pl O H N O K m0 °n y o N N ?y ryn Fi o0 T rt 0 0 0 o a o 0 0 o S 0 0 o a o i � n m oo��m oo �o 00 0 00 0 oo aN<a 9a 93= 930 9qa msu msW �o 0 �o �v bus �o'o 0 oo 0 0 3 3 O 00 00 N O_ cn W A O 'D N; D jl o Z D Z w Z 4 T F F o c o S F m yo i m o �o F m i my m �'. z n F. z= o `x� n n xxo z ym n`Oo o'.o p r y F= D z < o o x x _ - � n molp fN m O o m p Z m p O m O A y F g p O u c � mz= a A D m O D Z y O 0 3.� m y z D m < z n< m o D y 2 n D ZIP.. n Z T m D s T m D m I m n O I w o s n w 'm o O 10 0 p b N N w m y.i 3 O � O H 7 O rt 000 00000 00000 0000 � oo ry N < O Is 0 0 0 0 0 0 0 0 0 0 0 0 o S o w A 0 Im - __ x m N N m vi m u m m m N m m x 0 0 0 0 0 o r� mN 'o n n a o i o o m mo 0 0 0 a m r�o 3 3 a 3 a 3 a 3 3 mx C> 00 00 N CD O_ (J� W CD cn m r m K m z cn w 0 �d o°v 8' 5 ogm bH I �n m � 30 vw 3 mx n08- N m Fi 111 N ➢ Z X P p p C n A m i 6 umi� O m d m Q a I a �w H gd vb� aN Y a m y � a n v <o "Oe K y sg a" �.0 00000 _ a n <° �d 5 p bH m 3 mx N m Fi