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JEFFERSON COUNTY BOARD OF EQUALIZATION
A. C. DALGLEISH
DAVID G. DOUGLAS
ARCHIE BARBER, JR.
JAMES A. DE LEO
CHAIRMAN
VICE-CHAIRMAN
MEMBER
ALTERNATE
MINUTES
D E C E M B E R 2 1, 1 9 9 0
The Board of Equalization convened at 9:00 a.m. with Chairman A.c. Dalgleish, Vice-
Chairman David G. Douglas, Member Archie Barber, Jr. present. Deputy Oerk Julie
Matthes recorded the meeting in the absence of Oerk Dierdrei Keegan.
LETTER OF POSITION ON DISCOVERY
Vice-Chairman Douglas read a letter from Deputy Prosecuting Attorney, Mark Huth, dated
December 18, 1990 into the Minutes of the meeting. The Board asked the opinion of the
Prosecutor in the matter of disclosure of personal notes to an appellant, Mr. Helm. The
letter stated the opinion that the Board does not need to supply any individual with
personal notes. The approved Minutes are considered sufficient as these records include
who was present at the hearing, who was on the Board, who the Clerk was, the date, and
the hour. The last two paragraphs addressed the issue of further discovery:
As no other documents are required to be maintained, then by inference the
Board need not produce personal notes or other data not made part of the
official record.
This opinion is supported by RCW 42.17.310 (1) (i) which exempts from
public disclosure "preliminary drafts, notes, recommendations . . . in which
opinions are expressed . . . except when publicly cited by an agency in
connection with an agency action. /I This exemption is intended to safeguard
the free exchange of ideas, recommendations, and opinions prior to decision.
If disclosure would reveal and expose the deliberate process, as opposed to
the facts upon which a decision is based, then the exemption applies and the
matter should not be disclosed. Brouillet v Cowles Publishinf! Co., 114
Wn.2d 788, 800 (1990); Hearst Com. v HOTJTJe, 90 Wn.2d 123, 133, 580 p.
2d 246 (1978).
Board of Equalization Minutes: December 21, 1990
Page: 2
HEARING
FETTIG, Martin
1109 3rd Street
Port Townsend, W A 98368
BOE: 90-091-E PN: 948 329 401
Senior Citizen Exemption
Assessor Jack Westerman ill and Assessment Operations Manager Jeff Chapman
were present on behalf of the Assessor's Office. Chairman Dalgleish explained the
hearing process and swore in Martin Fettig for testimony.
Petitioner's Testimonv: Mr. Fettig explained that he brought in his exemption sheet
several times and that he has not been given the exemption he feels he is qualified for
based on his earnings from 1989. He reported that he felt he should be given a Senior
Citizen Exemption for 1990 based on 1989 income.
Petitioner's Exhibit:
Exhibit #1: Copy of Form Mr. Fettig filled out for Senior Citizen and
Disabled Persons Exemption from Real Property, listing total
combined income for 1989 for the 1990 Assessment for 1991.
Date "entered" May 4, 1990.
Assessor's Testimonv: Jeff Chapman explained that the Exemption Program is based on
the Income from the prior year. not the current year in which the application is made. He
reported that Mr. Fettig's 1989 income will qualify him for a 1991 Senior Citizen
Exemption.
Assessor Jack Westerman concurred with Jeff Chapman, that Mr. Fettig's income from
1989 qualifies him for the 1991 exemption.
Assessor's Exhibits:
Exhibit I: Copy of Department of Revenue Rules regarding Senior Citizen
Exemptions.
Exhibit II: Letter to Board from Jeff Chapman regarding Mr. Fettig's
Request for Exemption in 1990 with the 1989 Income, dated
October 4, 1990.
Board Action: After further discussion Mr. Fettig understood the reasoning as to why he
doesn't qualify for 1990 exemption, unless he provides the 1988 income records that
establish his gross income.
DETERMINATION MOTION
Vice-Chairman Douglas moved to sustain the Assessor's decision to deny
Martin Fettig a Senior Citizen Exemption for 1990 based on 1989
income as clarified by the law and verified by the Assessor. Member
Archie Barber, Jr. seconded the motion which carried by unanimous
vote.
Board of Equalization Minutes: December 21, 1990
Page: 3
Chairman Dalgleish noted that the Board feels that Mr. Fettig left with an understanding
of the reasons he had been denied the exemption and a new comprehension of the process
for exemptions.
DETERMINATIONS
Harold D. Peters
BOE: 90-074-0S/OS PN: 501 143 002
Open Space I Open Space
The Board decided to make a determination on Harold Peters Open Space I Open
Space in 1991 as they need to deliberate on the situation further.
Richard Landolt
BOE: 90-087-R PN: 965 000 071
The Minutes of September 28, 1990 show the facts presented to the Board. Available data
was reviewed and the Board noted that an on-site inspection was held on October 19, 1990
with the Deputy Assessor present.
MOTION
Vice-Chairman Douglas moved to sustain the assessed valuation of the
land at $27,730 as it appears to be consistent with neighborhood code
9999, and to sustain the new construction improvement valuation of
$94,040 for a total of $121,820 as it appears to be appropriate. Member
Archie Barber, Jr. seconded the motion which carried by unanimous
vote.
MOTION FOR WITHDRAWALS
Vice-Chairman Douglas moved to formally withdraw the following petition numbers,
which were assigned at the time the intent to petition was known, as the appellants
did not file the appropriate forms with the Board of Equalization in a timely or
complete manner:
BOE 90-002-CONDO
BOE 90-003-R
BOE 90-008-?
BOE 90-022-?
BOE 90-076-C
BOE 90-077-C
BOE 90.078-C
BOE 90-079-C
BOE 90-080-C
BOE 90-081-?
CHAPMAN
LAMBE
LEVY
PlAUTZ
SCHWILKE
SULLIVAN
SULLIVAN
SULLIVAN
SULUV AN
PEDERSON
,
..
Board of Equalization Minutes: December 21, 1990
Page: 4
Member Archie Barber, Jr. seconded the motion to clear the open fIles by
withdrawal. The motion carried by unanimous vote.
APPROVAL OF MINUTES
Vice-Chairman Douglas moved to approve the Minutes of OCTOBER 3,
1990 as corrected and Member Archie Barber, Jr. seconded the motion
which carried by unanimous vote.
Member Archie Barber, Jr. moved to approve the Minutes of
OCTOBER 31, 1990 as corrected and the Minutes of NOVEMBER 2,
and NOVEMBER 7, 1990 as written. Vice-Chairman Douglas seconded
the motion which carried by unanimous vote.
Chairman Dalgleish was not present for the remainder of the meeting due to road
conditions.
APPROVAL OF MINUTES
Member Archie Barber, Jr. moved to approve the Minutes of
SEPTEMBER 28, 1990 and NOVEMBER 9, and 21, 1990 as corrected
and to approve the Minutes of OCTOBER 5, and 10, and NOVEMBER
14, 1990 as submitted. Vice-Chairman Douglas seconded the motion
which carried by a unanimous vote.
OTHER BUSINESS OF THE BOARD
There being no further business before the Board, Vice-Chairman Douglas accepted
Member Archie Barber, Jr. 's Motion to adjourn until an unspecified date in January, 1991.
DATE APPROVED:h:>./.i. /?'Ie Iqq/
/
APPROVED BY:
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("A r'\ ATTESTED
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DAVID G. DohGLAS, E-CHAIRMAN
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ARCHIE L. BARBER, JR., ME R