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HomeMy WebLinkAbout2013-08-27 BOR Meeting MinutesTAX BOARD OF REVIEW MEETING MINUTES Appeal Hearings Tuesday, August 27, 2013 West Hawai'i Civic Center Department of Liquor Control Conference Room Kailua-Kona, Hawaii CALL TO ORDER Chairman Scott Church called the meeting to order at 9:00 a.m. Present were: Board Members Scott Church, Albert Kualii and Donald David; Deputy Corporation Counsel Craig Masuda; Real Property Tax Administrator Stanley Sitko; Real Property Tax Appraisal Supervisor Jon Pike and Board Secretary Elizabeth Nina Swain. Absent: Board Member Michael D'Amico. STATEMENTS FROM THE PUBLIC There were no statements from the public. APPROVAL OF MINUTES Board Members were provided with copies of the March 20th organizational meeting minutes. No corrections were noted by the Members. Mr. Kualii moved to accept the minutes of the March 20, 2013 organizational meeting. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. TAX APPEAL CASE HEARINGS Note: Prior to the start of the case hearings, Deputy Corporation Counsel Craig Masuda 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 #20819 — SALIS, VICTOR M & CAROL A TM K 7-1-006-041-0000 Present were appellants Victor and Carol Salis and County appraiser Mary Ann Todd -Waller. Property located in the Puu Lani Ranch subdivision. Appeal on building value. Appellants presented their case. County presented their case and recommended sustaining the assessment. A call for questions was made. Mr. Church moved to adjust the building value to $414,600 and land value remain at $143,000. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20832 — VOLQUARDSEN, ERIC L TM K 7-1-006-109-0000 Present were appellant Eric Volquardsen and wife Lisa Volquardsen. Present for the County was appraiser Mary Ann Todd -Waller. Property located in the Puu Lani Ranch subdivision. Appeal on land and building values. Appellants presented their case. County presented their case and recommended sustaining the land value and reducing the building value to $331,600. A call for questions was made. Mr. Church moved to reduce the total value to $437,000 with land value sustained at $155,200 and building value reduced to $281,800. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20843 — KOHALA SHORELINE LLC TM K 5-9-001-008-0000 Case called at 10:00 a.m. and appellants were not present. Present was County appraiser Theron Hoku Manning. Property located in North Kohala, makai of the Kohala Ranch subdivision. Appeal on land value. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessed value. A call for questions was made. 2 Mr. Kualii moved to sustain the County's land value at $8,326,000. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20833 — PALMER, DAVID TMK 5-9-007-025-0000 Appellant was not present. Present was County appraiser Theron Hoku Manning. Property located at Lokelani Place in North Kohala. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessment. A call for questions was made. Mr. Church moved to sustain the County's assessment. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20830 — LLOYD, JOHN BIRD TMK 5-9-012-028-0000 Appellant was not present. Present was County appraiser Theron Hoku Manning. Property located in the Kohala Ranch Development in North Kohala. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessment. A call for questions was made. Mr. Kualii moved to sustain the County's values. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 3:0. WITHDRAWN CASES Board was presented with requests for withdrawal of appeals for the following cases: Case No. 20837 TMK 6-7-005-028-0000 JOHNSTON, DARRYL & LINDA Case No. 20964 TMK 6-7-005-038-0000 PORTER, ROBERT Case No. 20924 TMK 7-1-006-092-0000 WOODWARD, ROBERT Case No. 20764 TMK 7-1-006-093-0000 DINESH, ASHA Case No. 20874 TMK 7-6-009-014-0000 MATTHEWS, MICHAEL Mr. Church moved to accept the requests for withdrawal of cases as read. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. 3 Recessed: 10:22 a.m. Reconvened: 10:27 a.m. SETTLEMENTS — 9:OOA APPEALS AGENDA County presented to the Board a 2 -page Appeals Agenda containing information on 12 cases that had reached settlement agreements between the County and the respective appellants. A copy of the agenda is attached hereto as Exhibit A. A call for questions was made. Mr. Church moved to accept the settlements on pages 1 and 2 of the settlement agenda. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20770 — HUALALAI INVESTORS LLC TMK 7-2-010-008-0000 Appellants were not present. Present for the County was appraiser Jaime Ortiz Nava. Mr. Pike informed the Board that a settlement agreement had been reached between the appellant and the County with a building value of $1,140,000, land value of $13,414,200 and exemption of $1,140,000. A call for questions was made. Mr. Church moved to accept the settlement. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20965 — BRE/WAIKOLOA LLC TMK 6-9-007-008-0000 Appellants were not present. Present for the County was appraiser Jaime Ortiz Nava. Mr. Pike informed the Board that the appellant had submitted a request to have their appeal case hearing rescheduled due to documentation requested by the County being available at a later date. Mr. Ortiz Nava informed the Board that the County and the appellant were close to an agreement but would need the documentation to make the final determination. A call for questions was made. Mr. Church moved to accept the rescheduling of Case No. 20965 to either September 24 or 25 as available. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. Recessed: 10:38 a.m. Reconvened: 1:30 p.m. Note: Prior to the start of the 1:30 p.m. case hearings, Deputy Corporation Counsel, Craig Masuda, advised all Appellants in attendance and the County of the appointment of Board Members 12 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. CASE #20757 — ROGALSKI, BRANDON / RASZKOWSKI, KATHLEEN TM K 7-7-029-061-0000 Present were appellants Brandon Rogalski and Kathleen Raszkowski. Also present was County appraiser Ellsworth Hulihee. Mr. Masuda stated that Mr. David requested a recusal from Case No. 20757 due to his personal relationship with the appellants. Mr. Church granted the request. Due to lack of quorum, the case was rescheduled to Tuesday, September 24, at 9:00 a.m. CASE #20826 — NELSON, ANDRES & GLADYS TMK 7-8-014-035-0000 Present were appellants' representatives Willie and Geri Kahulamu along with Hiram Rivera. Mr. Sitko presented for the County on behalf of Clerical Supervisor June Ban. Property located in the Kahaluu Beach Lots subdivision. Appeal on denial of Kuleana exemption. Appellants' representatives presented their case. County presented their case. A call for questions was made. Mr. Church moved to grant the Kuleana exemption. Seconded by Mr. Kualii. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20775 — KIMBERLY, CJ TMK 7-8-012-083-0000 Present were appellant CJ Kimberly and County appraiser Ellsworth Hulihee. Property located on Holua Road north of Keauhou Bay. Appeal on land value. Appellant presented her case. County presented their case and recommended sustaining the assessed value. A call for questions was made. Mr. David moved to accept the County's assessment. Seconded by Mr. Kualii. A call for discussion was made. Motion passed by a vote of 3:0. 5 CASE #20781 — WATT, JODY TM K 7-7-025-081-0000 Present was appellant Jody Watt. Mr. Sitko presented for the County on behalf of Clerical Supervisor June Ban. Property located in Keauhou View Estates. Appeal on Homeowners exemption. Appellant presented her case. County presented their case and recommended granting the homeowners exemption for the second half of 2013-2014. A call for questions was made. Mr. Church moved to grant the homeowners exemption from 2010 forward. Seconded by Mr. Kualii. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20794 — RHOADES, FLOYD E TMK 7-5-027-037-0000 Present was appellant Floyd Rhoades. Mr. Pike informed the board that appellant's settlement agreement with the County was provided in the settlement agenda. Requested that the board review and decide on the settlement while appellant was present. Settlement agreed to a building value of $139,900 and land value of $133,800. A call for questions was made. Mr. Church moved to accept the settlement for Case No. 20764. Seconded by Mr. David. 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 12 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. Pike noted the following corrections to the settlement agenda: Case No. 20972 Include: Exemption $50,000 Case No. 20771 Reverse the values to read: Building $617,900 and Land $231,800 No exemption A call for questions was made. Mr. Church moved to accept the settlements on pages 1 and 2 of the settlement 1:30 agenda. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. 0 CASE #20796 — CASSIO, WILLIAM L TMK 6-2-002-021-0026 Case was called at 2:25 p.m. and appellant was not present. Mr. Pike presented for the County on behalf of County appraiser Angie Metriyakool. Property located in the Mauna Kea Villas in Kamuela. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessed values. A call for questions was made. Mr. David moved to accept the County's valuation of the property. Seconded by Mr. Kualii. A call for discussion was made. Motion passed by a vote of 3:0. CASE #20871 — IEI LLC TMK 7-5-022-072-0000 Appellant was not present. Present was County appraiser Ellsworth Hulihee. Property located on Alahou Street in the Lono-Kona subdivision. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessment. A call for questions was made. Mr. Kualii moved to sustain the building value of $700,000 and land value at $410,300. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 3:0. WITHDRAWN CASES Board was presented with requests for withdrawal of appeals for the following cases: Case No. 20870 Case No. 20966 Case No. 20820 Case No. 20831 Case No. 20922 Case No. 20942 TMK 7-3-051-044-0001 TMK 7-5-036-040-0000 TMK 7-6-017-028-0000 TMK 7-6-017-047-0000 TMK 7-7-008-120-0000 TMK 7-7-008-120-0000 DAWSON, WILLIAM BANDT, THOMAS CARTER, JUDITH WONG, KAM C BNP PARIBAS VPG BROOKLINE BNP PARIBAS VPG BROOKLINE Mr. Church moved to accept the requests for withdrawals. Seconded by Mr. Kualii. A call for discussion was made. Motion passed by a vote of 3:0. 7 OLD BUSINESS No old business discussed. NEW BUSINESS a) Anne LaVasseur-Mullen, TMK 3-1-057-023-0000 Board's acceptance or denial of request for appeal of assessment A letter received from Ms. LaVasseur-Mullen was presented appealing the assessed values of her property. The original letter was inadvertently sent to the State Tax Appeal Court instead of the Hawaii County Real Property Tax Office. The letter included the necessary filing fees but was forwarded to the County by the State after the appeal deadline. A call for questions was made. Mr. Church moved to accept the appeal letter and instruct the Tax Office contact the appellant to retrieve the necessary data. Seconded by Mr. Kualii. A call for discussion was made. Motion passed by a vote of 3:0. b) Victoria Sebastiani, TMK 6-9-011-003-0000 Request to reconsider denial of Taxpayer's Notice of Appeal A letter received from Ms. Sebastiani was presented requesting a reconsideration of the board's denial of her appeal. Ms. Sebastiani's appeal was not filed within the time provided by law and its receipt was denied by the board. A call for questions was made. Mr. David moved to deny the request to reconsider the denial of appeal. Seconded by Mr. Kualii. A call for discussion was made. Motion passed by a vote of 3:0. c) James Burgess, TMK 7-8-006-032-0000 Board's acceptance or denial of request for appeal of assessment A letter received from Mr. Burgess was presented requesting an appeal of the assessed values of his property without the necessary appeal form and filing fee. County stated that the letter was received a couple of days prior to the appeal deadline and it did not provide a contact telephone number for Mr. Burgess to allow the County to contact him for the filing fee. Prior to this hearing, additional information was provided to the County by Mr. Burgess along with a filing fee. A call for questions was made. Mr. Church moved to accept the appeal request and schedule it for hearing. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. 0 d) Jody Watt, TMK 7-7-025-081-0000 Board's acceptance or denial of Taxpayer's Notice of Appeal The board was presented with appeals filed by Ms. Watt for tax years 2010 and 2011 for the denial of the homeowner's exemption. Due to the Board's decision in Case No. 20781 above, they found it not necessary to accept or deny the additional appeals filed by Ms. Watt. Mr. Church instructed the County to return the check for filing fees paid by Ms. Watt for the additional appeals. No further action taken. ANNOUNCEMENTS No announcements were made. ADJOURNMENT Meeting adjourned at 2:53 p.m. Respectfully submitted, ��zaXea (Iyl�a) ywai�r Elizabeth (Nina) Swain Real Property Appeals Board Clerk 9 O w - O a A rt 0. H O Ffi a A O C �d 0 G) Z m x O m rt C a £ m e - m v cp N co ti v x a m > 3 - w N � N 0 O d rGr G r m � r m (p r m n m rs r m 3 r m m < W d O m m r m K J m N D O N m o o 6 m D b m D b m O N m D D u m O? 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