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HomeMy WebLinkAbout2011-07-12 BOR Meeting MinutesTAX BOARD OF REVIEW MEETING MINUTES Appeal Hearings Tuesday, July 12, 2011 Aupuni Center Conference Room Hilo, Hawaii CALL TO ORDER Chairman Albert Kualii called the meeting to order at 9:00 a.m. Present were: Board Members Albert Kualii, Wesley Takai, Reiko Ford, Michael D'Amico and Scott Church; Deputy Corporation Counsel Craig Masuda; Real Property Tax Assistant Administrator Michael McCall; Real Property Tax Appraisal Supervisor Jon Pike and Board Secretary Nina Swain. STATEMENTS FROM THE PUBLIC There were no statements from the public. APPROVAL OF MEETING MINUTES Board Members were provided with copies of the March 2nd organizational meeting minutes. No corrections or changes were discussed. Mr. Takai moved to approve the minutes of the March 2nd organizational meeting. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 5:0. TAX APPEAL CASE HEARINGS Note: 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. 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. CASE #17094 — MEDEIROS TRST, JOHN & JOAN TMK 2-4-005-162-0000 Prior to the start of the case, Mr. Takai requested to be recused due to his personal relationship with the appellant. Recusal was granted by Chairman Kualii. Present was appellant John Medeiros. Present for the County was June Ban, Clerical Supervisor. Property located on Waikahe Road in Hilo. Appeal on denial of homeowner's exemption. Appellant presented his case. County presented their case and recommended sustaining the denial. A call for questions was made. Mr. Church moved to allow the homeowner's exemption. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 4:0 with Mr. Takai recused. CASE #17580 — HARRIS, DAVID & SUK YEE TMK 2-4-035-006-0000 Present were appellants David Harris and Suk Yee Chan -Harris. Present for the County was appraiser Leila Beals. Property located in the Waiakea District off of Ainaola Drive. Appeal on land and building values. Appellants presented their case. County presented their case and recommended reducing the land value to $138,800 and building value to $284,400. A call for questions was made. Mr. Takai moved to accept the County's recommended values with building at $284,400 and land at $138,800 for a total of $423,200. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 3:2 with Mrs. Ford and Mr. D'Amico voting against the motion. CASE #17571 — EWING, DAVID TMK 1-2-013-025-0000 CASE #17538 — TPH HOLOMUA LLC TMK 2-2-060-055-0000 Appellants were not present. Mr. McCall informed the Board that settlement agreements had been reached with the appellants in Case Nos. 17571 and 17538 as follows: 2 Case No. 17571 with a building value of $151,700 and land value of $100 for a total of $151,800. Case No. 17538 with a building value of $136,700 and land value of $263,300 for a total of $400,000. A call for questions was made. Mrs. Ford moved to accept the settlements in Case Nos. 17571 and 17538 as read by Mr. McCall. Seconded by Mr. D'Amico. A call for discussion was made. Motion passed by a vote of 5:0. CASE #17874 — LARSON, JOHN TMK 2-4-044-059-0000 Appellant was not present. Present for the County was appraiser Leila Beals. Property located off of Kawailani Street 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 assessment. A call for questions was made. Mr. Takai moved to sustain the County's assessment. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 5:0. Recessed: 10:25 am Reconvened: 1:00 pm Prior to the start of the afternoon case hearings Deputy Corporation Counsel, Craig Masuda, advised all Appellants and the Department of 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 #17677 — KEETH, WAYNE & WENDY TMK 1-1-023-163-0000 Present were appellants Wayne and Wendy Keeth. Present for the County was appraiser Sally Kaaiakamanu. Property located on Omeka Road in the Fern Forest Subdivision. Appeal on the land and building values. 3 Appellants presented their case. County presented their case and recommended sustaining the assessed values. A call for questions was made. Mr. Church moved to reduce the land value to $15,000 and building value to $268,400. Seconded by Mrs. Ford. A call for discussion was made. Motion failed by a vote of 1:4 with Mr. Kualii, Mr. Takai, Mrs. Ford and Mr. D'Amico voting against the motion. Mr. D'Amico moved to reduce the land value to $15,000 and building to $225,000. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 4:1 with Mr. Church voting against the motion. Mr. D'Amico moved to adjust the homeowner's exemption to coincide with the new values for Case No. 17677. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 5:0. CASE #17461 — NEFF, DAVID TM K 1-1-007-095-0000 Present were appellant's representative Bob Bloom, Certified Appraiser, and assistant Jaime Ortiz -Nava. Present for the County was appraiser Sally Kaaiakamanu. Property located on 2nd Street in the Mauna Loa Estates subdivision. Appeal on the land and building values. Appellant's representatives presented their case. County presented their case and recommended reducing the building value to $231,400 and sustaining the land value at $32,400. A call for questions was made. Mr. D'Amico moved to accept County's offer for building at $231,400 and the land be reduced to $30,000. Seconded by Mrs. Ford. A call for discussion was made. Motion failed by a vote of 2:3 with Mrs. Ford, Mr. Church and Mr. Kualii voting against the motion. Mrs. Ford moved to reduce the building value to $231,400 and land sustained at $32,400. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 5:0. Recessed: 2:15 pm Reconvened -2-28 pm CASE #17582 — MCINTOSH, KRISHNA TM K 1-1-018-045-0000 Present was appellant Krishna Renauer, formerly known as Krishna McIntosh. Present for the County was appraiser Sally Kaaiakamanu. 0 Property located in the Royal Hawaiian Estates subdivision. Appeal on land and building values. Appellant presented her case. County presented their case and recommended reducing the land value to $8,000 and building value to $177,800. A call for questions was made. Mr. D'Amico moved to accept the County's recommendation for values and to have the homeowner's exemption adjusted accordingly. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 5:0. CASE #17570 — NG, TRIPLER TM K 1-1-016-029-0000 Present was appellant Tripler Ng. Present for the County was appraiser Sally Kaaiakamanu. Property located on Mokuna Street in the Royal Hawaiian Estates subdivision. Appeal on land and building values. Appellant presented his case. County presented their case and recommended sustaining the assessed values. A call for questions was made. Mr. Church moved that the land value be sustained and building reduced to $190,000 with the homeowner's exemption adjusted. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 4:1 with Mr. D'Amico voting against the motion. Recessed: 2:54 pm Reconvened -2-58 pm CASE #17157 — UKAWA, TOSHI TM K 1-1-023-169-0000 Appellant was not present. Present for the County was appraiser Sally Kaaiakamanu. County informed the Board that they received a verbal settlement agreement with the appellant in Case No. 17157 with a building value of $76,900 and land value of $15,000 for a total of $91,900. A call for questions was made. Mr. Takai moved to accept the settlement in Case No. 17157 with building value at $76,900 and land value at $15,000 for a total of $91,900. Seconded by Mr. D'Amico. A call for discussion was made. Motion passed by a vote of 5:0. 5 CASE #18030 — MALLICK, THEODORA TMK 2-7-037-015-0000 Appellant was not present. Present for the County was appraiser Marilyn Veincent. Property located on La Road in Papaikou. Appeal on building value. 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. Takai moved to sustain the County's values. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 5:0. CASE #18148 — STROTHER, RICHARD TMK 9-4-016-002-0000 Appellant was not present. Present for the County was appraiser Elaine Yoshizumi. Property located on Lewa Lani Street in Discovery Harbor subdivision in Naalehu. 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. D'Amico moved to sustain the County's assessment. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 5:0. SETTLEMENTS County presented to the Board a 7 -page Appeals Agenda containing information on 50 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. Takai moved to accept pages 1 through 7 of the settlement agenda with the exception of Case No. 18031 which will be heard at the next set of hearings scheduled for Hilo in August. Seconded by Mrs. Ford. A call for discussion was made. Motion passed by a vote of 5:0. OLD BUSINESS No discussion held on old business. 0 NEW BUSINESS County informed the Board that they received four (4) appeals after the filing deadline from two (2) separate appellants. Mr. Pike stated that the first appellant, Charles Rearden, had undergone eye surgery on the mainland prior to the appeal deadline. Upon his return, Mr. Rearden, who is a quadriplegic, was experiencing temporary blindness and had his caretaker read his mail to him. It was only then that Mr. Rearden was made aware of the County's assessment notice and immediately filed his appeal. The second appellant, Dominador Genio, mailed his three (3) appeals to the Kona Real Property Tax Office at the old address. Two of the appeals were forwarded to the office at the current location before the appeal deadline and one was returned to Mr. Genio. The two appeals that were received by the tax office contained filing fees in the amount of $15.00. Mr. Pike contacted Mr. Genio as to the insufficient filing fees and was then made aware of the third appeal by Mr. Genio. Mr. Genio immediately sent in the balance of the filing fees as requested by Mr. Pike. Upon receiving the returned appeal in the mail, Mr. Genio mailed it directly to the tax office with the filing fee, however, it was after the appeal deadline. A call for questions was made by Chairman Kualii. Mr. Takai moved to accept the appeals for Dominador Genio and deny Charles Rearden's appeal for late filing. No second received. Motion dies. Mrs. Ford moved to accept the appeals for both of the appellants. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:1 with Mr. Takai voting against the motion. ANNOUNCEMENTS No announcements were made. ADJOURNMENT Meeting adjourned at 3:43 p.m. Respectfully submitted, alzakd ON,ya) Swam Elizabeth (Nina) Swain, Secretary 7 Exhibit A H H x E Z N _5 O N_ d O U � N p, a H > M Q W Q O N O d E Z N _5 N.A N_ d i U H > M Q W Q O N T N W Sr �.\ m m �a3 Q H a 41 W � N q N C O u C m d U N N � n � � 0ro w C N SLH U1 r.Col W W o N U W � W N m d 4 c � 0 N W N r7 01 N t0 O N C14 C4 I� O O N W p ro eO p �4 p m 0 p m T O E Z N _5 N.A i U UJ M Q W Q -J T N W E z �.\ m m �a3 Q H a N k> a O M Q rn f Q T Q y Q N Q N N ¢ N QV N Q N W W w w W W W f0 p O N t0 O O N I� O O N p eO p p p J J J J J (V N N N N N N d d d d d d E E E E E E E E 0 o O o 0 o p o o O o p o o N m p o 0 0 0 0 0 0 0 o p o 0 0 o p o 0 p 0 0 0 0 0 o m p 0 p 0 p 0 p rn rn N N m rn N O rn p m N rn � p N m ,y m m m rn M O Opi M W N O O O O p O O O O O O O O O O N N O O p O O O O O O O O O O O O O O O O O O m O m O p O O O p O O O O CJ W p M W O O O m v N O O O O O O O O O O m m p N OO N p Q m Of ppi W t9 ^ N O Q P W N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 op o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W m^ 0 m m 0 O o o o 0 N m o 0 o v v m p o o m o m 0 0 0 W n P N O N N r I W 0 M N Q V W ^ M m ^ N N C C C C C C 'p G N 'p IYyI J _ p Jx _ 'O O d y_ (ap m J O C N V RI J _ Cmt 'O J _ C p _9 m�tt J _ V_ a d 12 m J ttl J H W m J F W m J �' W W m J H W W _a m J F W W 9 m J H w W m J r W W W W z 2 S2 a 0 QO m U w o Y Y w Z y Z y z O F vmi H w Z V F ti❑S O w ❑❑ w w O t9 w 5 z m t=z w m ° w 3" O 2 O m= rn N W S N H N r Z S m Z W N N S .g S 2' Q S 0.' 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