HomeMy WebLinkAbout12_14_2022 Public hearing minutes on BILL 2892PUBLIC HEARING
DECEMBER 14, 2022
A public hearing of the Council of the County of Kaua`i was called to order by
Luke A. Evslin, Chair, Finance & Economic Development Committee, on Wednesday,
December 14, 2022, at 8:48 a.m., at the Council Chambers, 4396 Rice Street,
Suite 201, Historic County Building, Lihu`e, and the presence of the following was
noted:
Honorable Addison Bulosan
Honorable Bernard P. Carvalho, Jr.
Honorable Felicia Cowden
Honorable Bill DeCosta
Honorable Luke A. Evslin
Honorable Mel Rapozo
Excused: Honorable KipuKai Kuali`i
The Clerk read the notice of the public hearing on the following:
Bill No. 2892 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, SECTION 12.7(b) AND ADDING A NEW SECTION 12.15,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL
PROPERTY TAXES, APPEALS SETTLED BY DIRECTOR,"
which was passed on first reading and ordered to print by the Council of the County
of Kaua`i on November 16, 2022, and published in The Garden Island newspaper on
November 30, 2022.
The following communication was received for the record:
1. Dudley, Seth, dated December 13, 2022
Committee Chair Evslin: Is there anyone in the audience wishing to
testify? Mr. Lindner. Just to clarify, you will have six (6) minutes. That light will
turn yellow when you have thirty (30) seconds, and it will turn red when your time is
up.
JEFF LINDNER:Three (3) or six (6) minutes.
Committee Chair Evslin: Six (6) minutes.
Mr. Lindner: Okay.
Committee Chair Evslin: Please state your name for the record.
Mr. Lindner: Jeff Lindner. First of all, I am wondering,
now that the Director has the ability to settle, I guess the question is, will the Board
PUBLIC HEARING 2 DECEMBER 14, 2022
BILL NO. 2892
of Review be independent? Like in my case, not accepting the 2021 taxes, does the
Director have the ability or discretion to say, "We will look at that?" Or is Real
Property saying...are they creating limits to what the discretion is to the Director
prior to the Board of Appeal? Then, during the Board of Appeal, and after the Board
of Appeal, is the Director then sort of directing what the Board should do? It seems
like the Board should be independent if Real Property is not going to have the
discretion to review the issue ahead of time, the Director should not be involved in
the hearing, and only afterwards, otherwise, if the Director is going to be involved
during the process advising them, why does the Director not do something ahead of
time, if they have the discretion? I guess, the point is, if you are making these rules
really hard and fast, you are sort of pushing and prodding them in a chute, then the
Director is going to get involved. It just seems there should be independence for the
Board who is going to decide it, and if there is discretion, why does the Director have
discretion prior to going in that to solve some of the things, not just at the very end?
Committee Chair Evslin: Thank you for your testimony. Any clarifying
questions from the Members? These are questions that we will get to at Committee.
Mr. Lindner: Thank you.
Committee Chair Evslin: Is there anyone else in the audience wishing
to testify? Is there anyone on Zoom wishing to testify? Seeing no further testimony,
this public hearing is now adjourned.
There being no further testimony on this matter, the public hearing adjourned
at 8:52 a.m.
Respectfully submitted,
JAD . FOUNTAIN-TANIGAWA
County Clerk
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