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HomeMy WebLinkAbout2017-08-08 BOR MinutesTAX BOARD OF REVIEW MEETING MINUTES Appeal Hearings Tuesday, August 8, 2017 Aupuni Center Conference Room Hilo, Hawaii CALL TO ORDER Chairman Donald David called the meeting to order at 9:30 a.m. Present were: Board Members Donald David, Wesley Takai and Grace Reinhard; Deputy Corporation Counsel J Yoshimoto; Real Property Assistant Tax Administrator Lisa Miura, Real Property Appraisal Supervisor Keita Jo and Real Property Appeals Board Clerk Elizabeth Nina Swain. Absent: Board Member Melvin Ventura STATEMENTS FROM THE PUBLIC There were no statements from the public. APPROVAL OF MEETING MINUTES Board Members were provided with meeting minutes from the July 25, 2017, and July 26, 2017, meetings for approval. No corrections were noted. Mr. Takai moved to approve the minutes of the July 25th and 26th meetings. Seconded by Ms. Reinhard. 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 J Yoshimoto 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. 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 #26949 — ADAMS, TOMMY W TMK 2-9-002-055-0000 Present was appellant Tommy Adams. Mr. Jo presented for the County. County informed the Board that a settlement agreement had been reached between the County and appellant with a building value of $487,000, land value of $120,500 and a homeowner's exemption of $160,000. A call for questions was made. Mr. Takai moved to approve the settlement for the building value of $487,000, land value of $120,500 and exemption of $160,000. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #26843,26844 & 26845 — NACK, RACHEL TMK 1-2-017-031-0000 Present was appellant Rachel Nack. Mrs. Miura presented for the County. Property located at Likoliko Loop in Kalapana. Appeal on the denial of homeowners' exemption for tax years 2014, 2015 and 2016 Appellant presented her case. County presented their case and recommended granting a partial exemption of $77,100 for 2014, granting a partial exemption of $71,500 for 2015, and sustaining the denial of exemption for 2016. A call for questions was made. Mr. Takai moved to accept the County's recommendation to grant the homeowners' exemption of $77,100 for Case No. 26843. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. Mr. Takai moved to accept the County's recommendation to grant the homeowners' exemption of $71,500 for Case No. 26844. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. Mr. Takai moved to sustain the denial of exemption for 2016 for Case No. 26845. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #26852 — KOLENSKI, EDWARD TMK 3-4-003-037-0000 Appellant was not present. It was noted that the notice of hearing was delivered on July 10, 2017. Mrs. Miura presented for the County. Property located on Hawaii Belt Road in Ninole. Appeal on the denial of the homeowners' 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. 2 Mr. Takai moved to grant the homeowners' exemption and homeowners' class. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #27106 — MELO, VICTOR PAUL TMK 1-1-043-083-0000 Appellant was not present. It was noted that the notice of hearing was delivered on July 8, 2017. Mr. Jo presented for the County. Property located on Alaula Street in the Royal Hawaiian Estates subdivision in Volcano. Appeal on building value. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessed land and building values. A call for questions was made. Mr. Takai moved to sustain the County's valuation. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #27037 — STEHLE, MICHAEL T TMK 1-2-030-012-0000 Appellant was not present. It was noted that the appellant contacted the County to state that he would not be attending. Mr. Jo presented for the County. Property located on Puhala Street in the Kehena Beach Estates subdivision. Appeal on land value. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessed land value at $255,100. A call for questions was made. Mr. Takai moved to sustain the County's valuation of $255,100. Seconded by Mr. David. A call for discussion was made. Motion failed by a vote of 2:1 with Ms. Reinhard voting against the motion. Mr. David moved to reduce the land value to $230,000. Seconded by Mr. Takai. A call for discussion was made. Motion failed by a vote of 2:1 with Mr. Takai voting against the motion. Mr. Takai moved to reduce the land value to $215,000. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. Recessed: 11:13 a.m. Reconvened: 11:24 a.m. 3 CASE #27144 — TAKUSAGAWA, FUSAO TMK 9-2-106-008-0000 Appellant was not present. It was noted that the appellant contacted the County to state that he would not be attending. Mr. Jo presented for the County. Property located on Plumeria Lane in the Hawaiian Ocean View Estates 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 land value at $9,000 and reducing the building value to $158,100. A call for questions was made. Mr. Takai moved to accept the County's recommended values with land value remaining at $9,000 and building value reduced to $158,100. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #26897 — TYSON, JAMES TMK 9-2-159-053-0000 Appellant was not present County presented to the Board a settlement agreement that had been reached between the County and the appellant with a land value of $4,800, building value of $268,900 and homeowners' exemption of $184,700. A call for questions was made. Mr. Takai moved to accept the settlement as presented. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #27040 — IES DOWNSTREAM LLC TMK 2-1-008-006-0000 Appellant was not present. County presented to the Board a letter received from the appellant's representative requesting to have their appeal case hearing rescheduled. A call for questions was made. Mr. Takai moved to reschedule the case hearing to August 29 at 1:30 p.m. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #26918 — HUYBRECHTS, ROBBY C TMK 9-2-187-065-0000 Appellant was not present. County presented to the Board a letter received from the appellant requesting to have their appeal case hearing postponed to the afternoon session at 1:30. A call for questions was made. Mr. Takai moved to postpone the case hearing to the afternoon session. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. 51 SETTLEMENTS — 9:30A APPEALS AGENDA County presented to the Board a 2 -page Appeals Agenda containing information on 10 cases that had reached settlement agreements between the County and the respective appellants. A copy of the agenda is attached hereto as Exhibit A. Mr. David questioned the building values in Case Nos. 26933, 27011 and 26956. Mr. Jo responded for the County. Mr. David questioned the land value in Case No. 27003. Mr. Jo responded for the County. Mr. David questioned the building value in Case No. 27154. Mr. Jo responded for the County. Mr. David questioned the building value in Case No. 27035. County appraiser Dionne Costa responded. A call for questions was made. Mr. Takai moved to accept the settlements on pages 1 and 2 except for Case No. 26949 which was removed and approved earlier in the session. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. Recessed: 11:54 a.m. Reconvened: 1:30 p.m. CASE #26918 — HUYBRECHTS, ROBBY C TMK 9-2-187-065-0000 Present were appellants Robby and Christina Huybrechts. Mr. Jo presented for the County. Property located on Menehune Drive in the Hawaiian Ocean View Ranchos subdivision. Appeal on building value. Appellants presented their case. County presented their case and recommended sustaining the building value at $436,300. A call for questions was made. Mr. Takai moved to sustain the County's assessment. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #26846 — COVARRUBIAS, ANDREA TMK 1-4-057-018-0000 Present was appellant Andrea Covarrubias. Mrs. Miura presented for the County. Property located in the Nanawale Estates subdivision. Appeal on denial of homeowners' exemption. Appellant presented her case. County presented their case and recommended sustaining the denial of the exemption. A call for questions was made. 5 Mr. Takai moved to cancel the roll back taxes and amended notice for 2016. Seconded by Mr. David. A call for discussion was made. Motion passed by a vote of 3:0. CASE #26848 — KAMAI-KEKELA, RHONDA L TRUST TMK 1-5-042-197-0000 Appellant was not present. It was noted that the appellant contacted the County to state that she would not be attending. Mrs. Miura presented for the County along with appraiser Sally Kaaiakamanu. Property located on 19th Avenue in the Hawaiian Paradise Park subdivision. Appeal on building value and denial of homeowners' exemption. County presented their case together with any and all information provided by the appellant. County recommended sustaining the assessed values and the denial of the homeowners' exemption. A call for questions was made. Mr. David moved to sustain the denial of the exemption. Seconded by Mr. Takai. A call for discussion was made. Motion passed by a vote of 3:0. Mr. Takai moved to sustain the County's land and building values. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #26865 — KOHANAIKI SHORES LLC TMK 7-3-066-002-0000 Appellant was not present. It was noted that the appellant's representative, Francis Ouye, contacted the County to state that he would not be attending. Present for the County was appraiser Dionne Costa. Property located within the Kohanaiki Development. Appeal on land value. County presented their case together with any and all information provided by the appellant. County recommended increasing the value to $15,175,000. A call for questions was made. Mr. Takai moved to sustain the County's original value of $9,365,600. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. CASE #27156 — MITCHELL, FLORENCE M TRUST TMK 1-9-015-003-0000 Appellant was not present. County presented to the Board a settlement agreement that had been reached between the County and the appellant with a land value of $28,900, building value of $142,200 and homeowners' exemption of $134,000. A call for questions was made. 0 Mr. David moved to accept the settlement as presented. Seconded by Mr. Takai. 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. 27029 TMK 1-4-051-021-0000 REINARD, BETSY S Case No. 27030 TMK 1-5-066-029-0000 REINARD, BETSY S A call for questions was made. Mr. Takai moved to accept the two withdrawals as presented. Seconded by Ms. Reinhard. 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 4 -page Appeals Agenda containing information on 18 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. David questioned the exemptions in Case Nos. 26850, 26851 and 26849. Mrs. Miura responded for the County. Mr. David questioned the land value in Case No. 27155. Mr. Jo responded for the County. Mr. Takai questioned the increase in the agreed to land value in Case No. 27061. Mr. Jo responded and requested a recess to allow County time to retrieve the revised settlement agreement that was executed by the parties. Recess called at 3:20 p.m. Reconvened at 3:28 p.m. Mr. Jo requested that Case No. 27061 be removed from the settlement agenda and placed on its regular agenda to allow the Board to rule on the corrected values. A call for questions was made. Mr. Takai moved to remove Case No. 27061 from the settlement agenda and placed on the active agenda. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote from 3:0. Mr. David questioned the land value in Case No. 26864. County appraiser Matt Radmilovic responded. Mr. David questioned the building value in Case No. 26916. County appraiser Matt Radmilovic responded. A call for questions was made. Mr. Takai moved to accept the settlements on pages 1 through 4 except for Case No. 27061. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. 7 CASE #27061 — AGUILAR, IGNACIO/STEPHANIE TMK 4-5-003-009-0000 Appellant was not present. County presented for clarification the executed settlement agreement between the appellant and the County with a land value of $2,800, building value of $465,500 and homeowners' exemption of $120,000. A call for questions was made. Mr. Takai moved to accept the settlement for Case No. 27061 as read by the County. Seconded by Ms. Reinhard. A call for discussion was made. Motion passed by a vote of 3:0. OLD BUSINESS No old business discussed. NEW BUSINESS No new business discussed. ANNOUNCEMENTS Next meeting scheduled for tomorrow, Wednesday, August 9, at 9:00 a.m. ADJOURNMENT Meeting adjourned at 3:35 p.m. Respectfully submitted, 41 -ceded (IKaa) YwaiK Elizabeth (Nina) Swain Real Property Appeals Board Clerk 0 L I. 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