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HomeMy WebLinkAbout2013_0111_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 2/1/13 Board/Committee: BOARD OF REVIEW Meeting Date I January 11, 2013 Location Mo`ikeha Building, Meeting Room 2 A Start of Meeting: 1 :03 p.m. End of Meeting: 1 :37 p.m. Present Chair Craig De Costa, Vice-Chair Jose Diogo (1 :20 p.m.), Cayetano Gerardo, Russell Kyono, Benjamin Lizama, Jr. Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrative Aide Teresa Tamura, Deputy Director of Finance Sally Motta; COK Real Property Assessment Staff: Kim Hester Excused Absent SUBJECT DISCUSSION ACTION Call To Order Out-going Chair Gerardo called the meeting to order at 1 :03 p.m. Approval of a. Open Session Minutes of November 2, 2012 Minutes b. Executive Session Minutes of November 2, 2012 Mr. Kyono moved to approve the Open Session and the Executive Session Minutes of November 2 as circulated. Mr. Lizama seconded the motion. Motion carried 4:0 Scheduled Mr. De Costa moved to approve the meeting Meeting Dates schedule as presented in the Board's meeting for 2013 folder, which is the first and second Friday of each month at 1 :00 p.m. Mr. Lizama seconded the motion. Motion carried 4:0 Recess / Out-going Chair Gerardo declared a recess at Return to 1 :08 p.m. to await Board Member Diogo's Session arrival at the meeting. The meeting resumed in Open Session at 1 :20 p.m. with 5 members present. Election of Out-going Chair Gerardo called for nominations for the position of Chair. Mr. Kyono nominated Craig De Costa as the Chair and Vice Chair. Mr. Diogo seconded the motion. Chair for 2013 Mr. De Costa nominated Russell Kyono as the Chair. Motion failed for lack of a second. Board of Review Open Session January 11, 2013 Page 2 SUBJECT DISCUSSION ACTION Motion to elect Craig De Costa as the Chair for 2013 carried 5:0 Chair De Costa called for nominations for Vice Chair Mr. Kyono nominated Jose Diogo as the Vice Chair. Mr. Lizama seconded the motion. Motion carried 5:0 Establish Deputy Attorney Winn explained that under HRS §92-6, since the Board Format for makes judicial type decisions they can go into closed session on any appeal. Hearing of The Board can establish this as a procedure to follow and then explain to Appeals the appellant and Real Property Division whenever the Board has a need to go into closed session. Asked why there was not anyone from Real Property Division present to discuss this format, Chair De Costa said it would not change the appraisers role in the hearings. The option being presented is the Board would hear the evidence, ask follow-up questions, give an opportunity for rebuttal but then discuss and deliberate the issues in Executive Session. The decision would have to be a part of the Open Session record but not necessarily on the same day as the deliberations. The Board's decision can then be mailed to the appellant. Board members agreed this would be a good idea and they would not feel pressured to make a decision in front of everyone. It was also agreed that rather than making a motion in order to have a discussion,this format could allow the motion to come out of the discussion. The standard decision form signed by the Chair would be sent to the appellant and the department notifying them of Board's decision. Mr. Diogo said he is in full agreement with the suggested procedure because it would allow the Board to deliberate different areas which should make the meetings flow smoother. Chair De Costa suggested the Board would deliberate on the cases after hearing all of the evidence, which would keep the flow better for the appraisers and the Board of Review Open Session January 11, 2013 Page 3 SUBJECT DISCUSSION ACTION appellants, rather than going in and out of Executive Session for each appeal. Attorney Winn cautioned the Board that they would need to take notes and keep the appeals straight. Mr. Lizama asked if the Board would have any open discussion on a case while the appellant and the appraiser were in the room. Chair De Costa clarified that the Board would be able to ask questions while the appellant and the appraiser were present but once the hearing is closed, the deliberation would be in Executive Session. The decision would be in writing so it would not need to be placed on a subsequent agenda for decision making. Mr. Lizama thought if the Board waited to make all the decisions at the end it might be confusing. He did note, however, that past Boards have been affected by members leaving the Board because of everyone listening to the Board's discussions. When asked, Attorney Winn verified that the County Attorney would be present for all deliberations in Executive Session. Mr. Diogo moved to approve the format discussed for future meetings. Mr. Lizama seconded the motion. Motion carried 5:0 Announcements Next meeting: Friday, February 1, 2013 at 1:00 p.m. February agenda: Review of changes to tax laws now in effect. Adjournment Mr. Kyono moved to adjourn the meeting at 1:37 p.m. Mr. Diogo seconded the motion. Motion carried 5:0 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Craig De Costa, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting.