HomeMy WebLinkAboutJan 13 2017 BOR Minutes Open Approved COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated on 3/3/17
Board/Committee: BOARD OF REVIEW Meeting Date January 13, 2017
Location Mo‘ikeha Building, Meeting Room 2 A/B Start of Meeting: 1:00 p.m. End of Meeting: 1:47 p.m.
Present Chair Dorothy Bekeart, Vice-Chair Julie Caspillo. Members: Jose Diogo and Donald Kolenda
Also: Deputy County Attorney Adam Roversi; Boards & Commissions Staff: Support Clerk Lani Agoot;
Deputy Director of Finance Sally Motta; Tax Manager Steven Hunt
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Bekeart called the meeting to order at 1:00
p.m. with 3 members present which constitutes a
quorum.
Approval of
Minutes
a. Open Session Minutes of December 9, 2016
b. Executive Session Minutes of December 9, 2016
Ms. Caspillo moved to approve the Open
Session minutes of 12/9/16 as circulated. Mr.
Kolenda seconded the motion. Motion carried
4:0.
Executive
Session
Mr. Diogo moved to go into executive session
for the purpose of approving the executive
session minutes of 12/9/16. Mr. Kolenda
seconded the motion. Motion carried 4:0.
Return to Open
Session
Ratify Board of Review actions taken in Executive Session for appeals
shown on the attached listing and make those decisions public
Mr. Diogo moved to ratify the decision made in
Executive Session and make it public. Ms.
Caspillo seconded the motion. Motion carried
4:0.
Establish
Format for
a. Reprints from the County of Kauai’s webpage on Understanding your Real Property Taxes and information for
Taxpayers concerning Property Assessments Appeals to the Board of Review.
Board of Review
Open Session
January 13, 2017 Page 2
SUBJECT DISCUSSION ACTION
Hearing of
Appeals
b. Orientation from the County Attorney on the duties and responsibilities of quasi-judicial boards and the format for
presentation of appeals.
c. Overview of assessment policies and update from the Real Property Tax Manager on changes to laws.
Chair Bekeart stated the Board usually decides on whether to continue their existing policy of having deliberations and decision
making in executive session as opposed to open session.
Deputy County Attorney Adam Roversi informed the Board that they are exempt from the Sunshine Law for purposes of its
adjudication as a quasi-judicial board and it is their discretion to go into executive session or not. He explained that unlike
other boards and commissions that often go into executive session for purposes of getting legal advice from their attorney and
so forth, those sorts of minutes would categorically be approved in executive session because they entail legal advice and so
forth they can’t be shared with the public without breaking that attorney/client privilege. But for this sort of quasi-judicial
discretionary executive session activity it is up to the Board whether to go into executive session to approve the minutes. Mr.
Roversi said he is filling in for Deputy County Attorney Mark Bradbury who is the Board’s permanent counsel. He said Mr.
Bradbury prepared a review on how the hearing process works and how the Sunshine Law operates however because the Board
has been performing correctly and adequately for the past year he would forego the review and make himself available to
answer questions.
Ms. Caspillo moved to establish a policy for the year 2017 that the Board goes into Executive Session for the purpose of
approving Executive Session minutes and for discussion and approval or denial of appeals that come before the Board. Mr.
Kolenda seconded the motion. Motion carried 4:0.
Tax Manager Steve Hunt gave an oral presentation (on file) that covered the following topics:
Grounds for An Appeal
Recent Ordinance Changes
Assessment Methods
Appeal Applications
Tax Classifications
Ordinance 977 Issues
Board of Review
Open Session
January 13, 2017 Page 3
SUBJECT DISCUSSION ACTION
Stipulation /
Withdrawn
1. 15-0000011 S. Roche Walter McBryde Trust 2-3-005-024-0000
Mr. Diogo moved to approve the County’s stipulation of $4,848,600. Mr. Kolenda seconded the motion. Motion carried 4:0.
2. 16-0000008 S. Roche Walter McBryde Trust 2-3-005-024-0000
Mr. Diogo moved to approve the County’s stipulation of $4,850,100. Ms. Caspillo seconded the motion. Motion carried 4:0.
Announcements Next Meeting: March 10, 2017, Friday -1:00 p.m.
Adjournment Mr. Diogo moved to adjourn the meeting at 1:47
p.m. Ms. Caspillo seconded the motion. Motion
carried 4:0.
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Lani Agoot, Staff Support Clerk Dorothy R. Bekeart, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of ___________ meeting.