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HomeMy WebLinkAbout2011-08-23 BOR Meeting MinutesTAX BOARD OF REVIEW MEETING MINUTES Appeal Hearings Tuesday, August 23, 2011 West Hawai'i Civic Center Department of Liquor Control's Conference Room Kailua-Kona, 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, 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. /G1:1 0 =I.=0. 011TlM,I TaiYal i•7 WOTOI STATEMENTS FROM THE PUBLIC There were no statements from the public. 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. No appellants were present at the start of the appeal case hearings. CASE #17593 — DANIEL & BRENDA FARREN TMK 5-9-006-055-0000 Appellant was not present. Mr. Pike presented for the County. Property located in the Kohala Estates 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 $200,000. A call for questions was made. Mr. Takai moved to accept the County's recommended value of $200,000 for the land. Seconded by Mr. D'Amico. A call for discussion was made. Motion passed by a vote of 4:0. Due to late arrival of appellants, Deputy Corporation Counsel, Craig Masuda, advised all Appellants and the Department 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 #17859 — WESTBROOK JOINT TRUST TM K 6-9-011-010-0000 Present were appellants Hal and Vicky Westbrook. Mr. Pike presented for the County. Property located on Kolea Kai Circle in Waikoloa. Appeal on land and building values. Appellants presented their case. County presented their case and recommended reducing the building value to $3,390,400 and sustaining the land value at $2,678,300. A call for questions was made. Mr. D'Amico moved to sustain the land assessment and reduce the building value to $2,950,000. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 4:0. CASE #17453 — MARK WEAVER TMK 7-5-002-042-0002 Appellant was not present. Mr. Pike and appraiser Ellsworth Hulihee presented for the County. Property located in Holualoa. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended reducing the land value to $246,000 and sustaining the building value. A call for questions was made. Mr. Takai moved to accept the County's land value of $246,000 and building value be sustained. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:0. 2 CASE #17925 — PATRICK & LEILA KEHOE TMK 7-5-003-014-0000 Appellant was not present. Mr. Pike presented for the County. Property located at Lanihau 1St in the Malulani 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 $101,800. A call for questions was made. Mr. D'Amico moved to reduce the land value to $75,000. Motion dies for lack of a second. Mr. Church moved to reduce the land value to $50,000. Motion dies for lack of a second. Mr. Takai moved to accept the County's recommendation of $101,800. Motion dies for lack of a second. Mr. D'Amico moved to reduce the parcel to $62,500. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 3:1 with Mr. Takai voting against the motion. Recessed: 9:50 a.m. Reconvened: 1:30 p.m. Prior to the start of the afternoon 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 #17210 — JOSEPH GARCIA TMK 7-5-008-003-0003 Present was appellant Joseph Garcia. Mr. McCall presented for the County. Property located in the Island Inn condominium complex. Appeal on land and building values. Appellant presented his case. County presented their case and recommended sustaining the assessed values. After County's presentation, appellant stated that he agreed with the values. A call for questions was made. 3 Mr. Takai moved to accept the appellant's agreeing to the County's valuation of $44,800 for the building and $9,300 for the land. Seconded by Mr. D'Amico. A call for discussion was made. Motion passed by a vote of 4:0. CASE #17207 — JOSEPH GARCIA TMK 7-9-003-010-0014 Present was appellant Joseph Garcia. Mr. McCall presented for the County. Property located in the Kona Coffee Villas apartment complex. Appeal on building value. Appellant presented his case. County presented their case and recommended sustaining the assessed values. A call for questions was made. Mr. Church moved to reduce the building value to $109,600 with a total value of $130,000. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 3:1 with Mr. D'Amico voting against the motion. CASE #17183 — MARTIN OHAN TMK 7-3-005-112-0000 Present was appellant Martin Ohan. Present for the County was appraiser Mary Ann Todd - Waller. Property located between Kona Acres subdivision and the Ooma Plantation subdivision. Appeal on land value. Appellant presented his case. County presented their case and recommended sustaining the assessed value. A call for questions was made. Mr. Church moved to reduce the land value to $440,000. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 4:0. CASE #17213 — WARREN SUGIMOTO TMK 7-3-007-102-0000 Appellant was not present. Present for the County was appraiser Mary Ann Todd -Waller. Property located in the Hualalai Vistas 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 $175,200. A call for questions was made. 0 Mr. Takai moved to accept the County's recommendation for land value to be reduced to $175,200. Seconded by Mr. D'Amico. A call for discussion was made. Motion passed by a vote of 3:1 with Mr. Church voting against the motion. CASE #17915 — ESTATE OF JOHN KOBAYASHI TMK 7-7-004-044-0000 Case called at 2:35 p.m. and appellant was not present. Present for the County was appraiser Ellsworth Hulihee. Property located on Alii Drive just south of the Kealohi Kai 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 assessed values. A call for questions was made. Mr. D'Amico moved to sustain the County's values. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:0. Recessed: 2:40 p.m. Reconvened: 2:45 p.m. CASE #17913 & 17907 — ESTATE OF JOHN M KOBAYASHI TMK 7-6-002-015-0000 & 7-6-002-017-0000 Appellant was not present. Mr. Pike presented for the County. Property located in Holualoa Mauka. Appeal on land value. 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. D'Amico moved to sustain the County's land value of $978,600 in Case No. 17913. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 4:0. Mr. D'Amico moved to sustain the County's values of $53,500 for the building and $803,100 for the land for Case No. 17907. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 4:0. 5 CASE #17686 — MICHAEL WATSON TMK 7-6-015-014-0016 Appellant was not present. Mr. McCall presented for the County. Property located in the Kona Bali Kai condominium complex. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended reducing the building value to $81,600 and sustaining the land at $22,700 for a total of $104,300. A call for questions was made. Mr. Takai moved to accept the County's recommendation for lowering the building value to $81,600 and leaving the land at $22,700 for a total of $104,300. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:0. CASE #17684 — MICHAEL WATSON TMK 7-6-015-023-0070 Appellant was not present. Mr. McCall presented for the County. Property located in the Kona Bali Kai condominium complex. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended reducing the building value to $241,400 and sustaining the land at $37,300. A call for questions was made. Mr. Takai moved to accept the County's recommendation to lower the building value to $241,400 and leaving the land value at $37,300 for a total of $278,700. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:0. CASE #17759 — MICHAEL WATSON TMK 7-8-013-003-0159 Appellant was not present. Mr. McCall presented for the County. Property located at the Kona Surf and Racquet Club. Appeal on land and building values. County presented their case together with any and all information provided by the appellant. County recommended reducing the building value to $126,400 and sustaining the land value at $85,500 for a total of $211,900. A call for questions was made. 0 Mr. Takai moved to accept the County's recommendation to lower the building value to $126,400 and leaving the land value at $85,500 for a total of $211,900. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:0. SETTLEMENTS Mr. McCall informed the Board that settlement agreements had been reached with all of the appellants listed on page 2 of the appeals agenda for the 1:30 p.m. session. The cases, together with the agreed to values, are as follows: CASE #17607 — KONA VISTAS LLC TMK 7-6-021-016-0000 Land value of $3,125,900; CASE #17609 — KONA VISTAS LLC TMK 7-6-021-017-0000 Land value of $2,551,300; CASE #17612 — KONA VISTAS LLC TMK 7-6-024-113-0000 Land value of $82,400; CASE #17613 — KONA VISTAS LLC TMK 7-6-027-124-0000 Land value of $161,000; CASE #17597 — AUSTIN SARASOTA CO LP TMK 7-6-027-128-0000 Land value of $102,100; CASE #17596 — AUSTIN SARASOTA CO LP TMK 7-6-027-129-0000 Land value of $88,700; CASE #17595 — AUSTIN SARASOTA CO LP TMK 7-6-027-150-0000 Land value of $78,200. A call for questions was made. Mr. Church moved to approve the cases on page 2 with settlement values as read by Mr. McCall. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 4:0. 7 WITHDRAWN CASES Mr. McCall informed the Board of appellants' requests to withdraw their appeals in the following cases: CASE #17910,17917,17919 & 17922 — ESTATE OF JOHN KOBAYASHI TMK 7-8-006-065-0000, 8-8-003-015-0000 & 8-8-003-018-0000 A call for questions was made. Mr. Takai moved to accept the withdrawal of Case Nos. 17910, 17917, 17919 and 17922. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:0. SETTLEMENTS County presented to the Board a 5 -page Appeals Agenda containing information on 31 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 inquired of Mr. McCall as to the agreed to land value for Case No. 18033. Mr. Takai moved to change the settlement value for Case No. 18033 to lower the land value to $41,900. Motion dies due to lack of second. Mr. Church moved to reduce the land value to $69,900. Seconded by Mr. D'Amico. A call for discussion was made. Motion failed by a vote of 0:4. Mr. Takai moved to reduce the assessment to $41,900. Seconded by Mr. Church. A call for discussion was made. Motion passed by a vote of 4:0. No further questions from the Board. Mr. Church moved to accept all of the cases on the settlement calendar except for Case No. 18033 as corrected. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 4:0. OLD BUSINESS No discussion held on old business. NEW BUSINESS No discussion held on new business. 0 ANNOUNCEMENTS No announcements were made. 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