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HomeMy WebLinkAboutCOM 1067.002 1996-1998 TO: The Hawaii County Council, SUBSEQUENT COMMUNICATION 25 Aupuni Street, Hilo HI 96720 TO MY LETTER OF 11/17/98 FROM: Henry A. Ross, P.O. Box 99, Kapaau, HI 96755, Phone 889-558 RE: Free gifts of appr. $214.000 and $327.000 to PRUDENTIAL TIMBER by the County TAX REVIEW BOARD handdelivered 20 November 1998 Further to my letter of 17 November to the Council, I am enclosing 4 more exhibits H - I - J - and K, to give the history of this illegal property tax present to Prudential Timber. Exh-H shows that in 1997 this company received a gift of $327,000 for the same properties and adding that to the $214,000 of this year make it half a million, that the County direly needed for other more deserving projects. Maybe it is possible to recoupe last year's money too by the roll-back powers of the propeerty tax department. Anyway as can be seen from the documentation (Exh-1) the chair of the Tax Review Board, Bill Eger states (in lieu of minutes that the Board does not keep) that our laws and rules were based on having "Plants in the around" to qualify as "cultivation" but that the Board relied on Corporation Counsel's (CC) advice for its disregard those laws and rules. It also shows that CC wanted to appeal the 1997 ruling by the board but that: It would have looked bad for the county to appeal the actions of its own board, and earlier in Exh-H concluded that there is leagal authority to appeal such rulings - and "that the county has done so at times" - but it's not really good parctice. The property tax division in both years assessed the property according to the law and years of longstanding practice of cultivation being when the plants or seeds are in the ground. But in both cases the Tax Review Board (lay people) knew better and apparently this year were lulled by CC into believing they could step outside the law. IF A LAW IS BAD OR UNPRACTICLE. WE STILL NEED TO LIVE BY IT BECAUSE THIS IS A COUNTRY OF LAWS AND NOT OF PEOPLE. CC KNOWS WELL THAT IN SUCH CASE IT SHOULD PROPOSE TO CHANGE THAT LAW AND AFTER IT HAS BEEN CHANGED THAT MAY THAN ALLEVIATE THE PROBLEMS INVOLVED. CC DID NOT DO THAT. INSTEAD IT GAVE ADVICE TO THE BOARD TO IGNORE THE LAW OF THIS COUNTY AND GIVE A SIZABLE TAX BRAKE TO A PRIVATE OUT OF STATE COMPANY ON THE BASIS OF SOME INAPPLICABLE CASE LAW FROM OTHER JURISDICTIONS WITHOUT LAYING A PROPER FOUNDATION AS TO COMPARING DIFFERENT CIRCUMSTANCES AND LAWS. Owe. No. F11e mss. 1~+ce__ NOV n_t976 WHETHER OTHERS MIGHT BENEFIT ALSO IS NO GOOD REASON. FOR. ALL THE FOREGOING YEARS OUR OWN FARMERS HAVE SUFFERED THE HEAVIER BURDEN AS LAID DOWN IN THE STILL EXISTING LAWS AND RULES. THIS LEADS TO ANARCHY AND IS UNJUST. ESPECIALLY WHEN AN OUTSIDER IS INVOLVED. AND AS STATED BEFORE THERE WAS NOT A SHREAD OF DOCUMEN- TATION FOR THIS ACTION BY THE BOARD EXCEPT A COLORFUL MAP THAT PRUDENTIAL TIMBER BROUGHT AND TOOK BACK WITH IT. THE PROPERTY TAX DEPARTMENT HAS NOTHING TO SHOW THAT WHAT THE TIMBER COMPANY SAID WAS THRUTHFUL. THE BOARD ACCEPTED ITS WORDS WITHOUT QUESTION (AS STATED BY THE PROPERTY TAX REPRESENTATIVE WHO WAS IN THE MEETING. REPRESENTING THE COUNTY). PRUDENTIAL TIMBER WAS ACCEPTED BY THE BOARD AS THE EXPERTS. WHILE THEY ARE A COMPANY FOR PROFIT AND MAY NOT BE REGARDED AS A RELIABLE WITNESS. AS THEY IMMEDIATELY BENEFITTED FROM THE ACTION THAT WAS BASED ON THEIR INPUT ONLY. IN FACT THE COUNTY HAD NOT EVEN ANY WAY TO CHECK THEIR STATEMENTS. AS THE ABOVE MAP DID NOT CORRESPOND TO TAX KEY NUMBERS. LAST YEAR CC STOPPED THE APPEAL THAT THE COUNTY WANTED TO LAUNCH ITO THE STATE TAX COURT). SEE EXH-H. AND THEREBY WENT BEYOND HIS PO- WERS AS COUNSEL WHERE HIS CLIENT WANTED TO APPEAL. THIS YEAR HE EVEN GAVE A WRITTEN ADVISE THAT THE BOARD TOOK AS GOSPEL TRUTH. THE LINGERING QUESTION HERE IS: WHAT WOULD HAVE HAPPENED IF A SMALL FARMER WOULD HAVE BEEN BEFORE THE BOARD WITH THE SAME PROBLEM? WE SEEM TO BE BACK IN THE SUGAR CULTURE DAYS. WHERE THE ALMIGHTY MONO-CULTURE BARONS COULD TELL THE GOVERNMENT WHAT TO DO. AND I CANNOT HELP BUT THINKING WHAT THE ULTERIOR MOTIVES MAY HAVE BEEN BE- HIND THIS TIMBER DEAL THAT DEPLETES THE SOIL AND RUINS IT FOR MANY DECADES TO COME FOR BETTER AGRICULTURAL USES. WHERE REAL JOBS ARE CONCERNED INSTEAD OF THE PITIFUL CONTRIBUTION OF A HIGHLY MECHANIZED INDUSTRY SITTING ON THE SPARCE LAND (4%) THAT THIS COUNTY HAS AVAILA- BLE FOR DIVERSIFIED AGRICULTURE THAT IS PROMOTED AND PROTECTED IN THE STATE PLAN AND THE COUNTY GENERAL PLAN. IN MATTERS OF THIS IMPORTANCE AND SCOPE THE COUNTY COUNCIL SHOULD HAVE A WORD AND IT WILL BE UP TO THE NEW COUNCIL TO DEVELOP LAWS THAT MAKE SUCH ABUSES AND ECONOMIC DISASTERS, THAT AFFECT SO MANY PEO- PLE IN THIS COUNTY. IMPOSSIBLE. THESE ARE NOT MATTERS WHERE THE MAYOR CAN DECIDE JUST BY HIMSELF. WHAT HE DEEMS NECESSARY. A GOVERNMENT OF CHECKS OF CHECKS AND BALANCES? NOT IN THIS CASEI 1997 Prudential Timber to keep tax break ? Officials at the tax to farmers - including tree farm- g The board overruled the; county office had wanted to ers - by setting artifciAY low assessorsin September, voing 3-1 fight it in state court values for agricultural lands so to set the value of the land at $500 long as they are actually being an acre. farmed. By Kevin Dayton The tax incentives work like That is a fraction of its market Tribune-Herald value, and means Prudential Tim- this: The real market value of a tier's tax bill this year for the agri- The forestry company Pruden- parcel might be thousands of dol- cultural lands will work out to tial Timber will keep a juicy coun- lars, but the county assigns the about $100,000. ty tax break that saves the compa- land an artificially low value of Prudential can get the $250 ny about $327,000 this year, coun- $500 or less so long as crops are assessed value it had wanted for tY officials say. actually being grown there. the land and cut its tax bill even Officials in the Real Property The value the county assigns to more if it dedicates its land for Tax Division had opposed the tax the land is important because the agriculture. Dedicating the land break and wanted to fight it in state county uses it to calculate how means the company promises to tax court, but that effort was much taxes are owed each year for use it for tree farming for 20 years. stopped by Corporation Counsel the land. Deputy Finance Director .`ilani Richard Wurdeman. Prudential Timber officials Schutte strongly disagreed witn the Wurdeman, the county's top asked that all of the agricultural board's ruling, and said he would Ole civil lawyer, said the county would lands they leased be assigned a val- appeal the matter to state Tax W look foolish if it appealed the issue ue of an acre. That would Court. to the state level. mean the he company would owe "The law is pretty specific as I The tax break was approved by about $51,000 to property taxes read it," Schutte said. "It says the the county's Real Property Tax this year for the 20,000 acres of taxpayer has got to prove beyond a made up lands. reasonable doubt that the tax office Board u Review, a Property panel p erred in their assessed values. The of members appointed by Mayor But county tax assessors dis- ball is in their court, and they have Stephen Yamashita. agreed, saying the county histori- to prove that the tax office is w "It's not like somebody imposed cally has only allowed such artifi- wrone. I didn't think (Prudential) A it on us," Wurdeman said. "It's us cially low agricultural assessments presented a good enough argument imposing it on ourselves, because on lands where crops have been for that." 04 they're part of us." actually planted. The Real Property Tax Division Critics say the tax break isn't. Prudential Timber has cleared prepared the paperwork for an fair because the same break isn't much of its land, but reported it has appeal and sent it to the county available to small farmers. planted trees on only about 2,000 lawyers in the Corporation Coun- They also say the decision by acres. sel office. the county tax board sets a prece- So, the county assessors set the Wurdeman said he stopped the dent that could cost the county mil- value of the unplanted lands at an appeal. lions of dollars if more forestry average of about $1,500 an acre, "We look foolish appealing out companies launch operations here. which the assessors said was the own board," he said. "For us to air Prudential Timber has leased market value of the land. our internal squabble makes us more than 24,000 acres in That meant Prudential Timber look a little foolish." Hamakua from Bishop Estate, and would be billed for about $430,000 has been clearing land and planting in property taxes for the agricultur- Wurdeman said there is legal eucalyptus trees. al lands this year. authority for the county to appeal The tax break applies to about Prudential Timber then rulings of its own boards - and 20,000 acres of that land that is appealed the assessors' decision to the county has done so at times - classified for agricultural uses. the Real Property Tax Board of but "it's not really a good prac- The county offers tax incentives Review. tice." FK Vae H October 21,1998 Timber firm appeals FROM: Bill Eger S E x tax assessments on This is the copy of Corporation Counsel opinion on 25,000 acres of land agricultural use for real property tax purposes. By Jason Armstrong At present, Rule 7 requires that there be "plants in the ground" Tribune-Herald r f.0 12,5)(1? for a property to quality as in agricultural use. As this Prudential Timber has again appealed property opinion makes clear, that definition is expanded sensibly to taxes that the county has levied on 25,000 acres include all preparation for putting plants in the ground. This ofHamakraland onwhich theforester isnowPlant- will have beneficial effects for small farmers as well as larger ing eucalyptus trees. farms. `They filed an appeal like they did the last two years," said Wesley Takai, one of the comity's senior property tax appraisers. In my opinion, Richard Wurdeman has rendered a very The dispute, like in past years, involves tiic dif- useful and sensible reading of court cases on this subject asrd ferent values county appraisers assign to fallow he should be commended. agricultural land versus property that is actually being cultivated. Land on which crops are being grown is val- Bill Eger ued at $500 or less per a, while fallow land is Vice Chairman, Real Property Tax Board of Reviev~~. assessed at its estimated market value, which is around $1,500 per acre for the Prudential Timber property. "It's absolutely well into the agri- The values or assessments are cultural stage, therefore, the agri- important to property owners because cultural rate should apply," Waldo said the county uses the numbers to com- of the forestry operation. She did pule actual tax bills. not know how many acres have been 8 The county's Tax Board of Review, planted. which rules on tax appeals, last year Prudential Timber has filed 120 as granted prudential Timber's request, the 91$ tax appeals that the county has saving the forester about $327,000. received this year, Tax Administra- The board agreed to $500 an acre, for Gary Kiyota said. The company's which was a compromise between the appeals cover 25,016 acres, he said. county's average of $1,500 an acre and The Tax Board of Review will Prudential Timber's request of $250 hear the appeal in September, Takai an acre for the land it leases from Bish- said. op Estate. At its first meeting of the.year "Prudential is taking the same held two weeks ago, board mem- approach they have in years past," said hers were told by Richard Wutdeman, aJ Antra Waldo, financial manager for the county's top civil attorney, to CX N Forest Solutions, which manages base their decisions solely on evidence Prudential Timber's local operations. presented during the hearings. "They are asking the county to give Wurdeman complained that in O them the same categories and same past cases, including Prudential Tim- tax rates as they have in years past." ber's 1997 appeal, the board made Waldo, however, said while Pru- decisions based on appellants' unsub- dential Timber wants most of the stantiated claims that they could not property valued at $250 per acre, it afford the taxes or that the appeals • r feels an undermined number of acres were simply too high. yy • of "waste land" not suitable for farm- ing because of very steep terrain or Wurdeman said he wanted to other problems should be valued at appeal the board's 1997 ruling that only $100 an acre. granted Prudential Timber a $327,000 She said the dispute over the val- tax break, but opted against the move ues is based on whether Prudential because he said it would have looked Timber's trees are actually in the bad for the county to appeal the 14Z %4 ground on still in a greenhouse. actions of its own board. T ~ 1 By Jason Armnrrong Wwdemari 'sexpendedinmpretaaon O Tribune-Herald /011'31449 ofciildvationalso allows fantcstoqual- C ify earlier for added tax breaks by Hawaii County has expanded its defini- promising to continuc,gricultmaluse U) aboa tion of agricultural activity to lower property for 20 years, Schulte said. . . Ebwti cc taxes on island farmers who are preparing to The agricultural-dedication option r ~ plant crops, county tax officials said Thursday, provides qualifying farmers with a 50 W "This will have beneficial effects rot small percent tax break due to a conesponding L farmers as well as larger farms," said Bill reduction in the assessed values, he CE L= L Eger, vice chairman of the county's Tax Board said. of Review, which resolves appeals of county- "Any savings is significant for a assigned property values. farmer," Sally Rice, co-ownerof a Big ~r~rr~ 4) At issue is what stage in the fainting process Island company that develops and ntns cc = do landowners qualify for reduced property val- farms for absentee owners, said of the ue assessments afforded for the cultivation interprouition of agricultural of agriculturally zoned land. all for it," she said "It wuse. ill broader V Historically, the county has reduced the ~laF~=l~~mdo X assessments - which ate used to calculate actu- g and get his infrastructure in place c al tax bills - when crops are planted, a situ- before he has to plant" ation it used as the`415inition of "cultivation." Rice said she had a "very bad expe- The county tax law is now understood to be rience" resulting from the county's v/ triggered by the preparation of agricultural forme, more stringent interpretation of L E land for planting, according to a Sept. 28 legal the tax law. 0 opinion from Richard Wurdetnan, the county's Rice said one of7er clieas had to plant top civil attorney. a 12-acre mangosteen orchard prema- 4 M Wurdeman said Maryland and Nebraska anelyinw,1-toreceivethekrwaedtax- 0 courts have found that "cultivation" means, es which rtquire landowners to qual- among other things, "the terracing of lands, the ify by Dec. 31 to be eligible for a sav- preparation of seed beds, the application of fer- ings during the following tax year. tilizers..." The trees were planted before iri- Fartmers are eligible for agricultural land val- gation lines could be installed, which AA ues when they "improve the land for the put- forced the farmers to hand-carry water c W pose of crop production," Wurdeman said in and only provide the minimurtam = his three-page opinion. of irrigation, resulting in damage to tip O His legal interpretation should provide a tax the trees, she said. O break to Prudential Timber, said Deputy Tax officials said they have no idea Eb-P Finance Director Kalani Schulte, who said he how many farmers will be affected by 'w requested the opinion because of the compa- Wurdeman's opinion, yet agreed the v/ ny's penda.g tax appeal set to appear Wednes- county will not be vulnerable to fraud C i day before the tax board. or greatly [educed in revenues as a result a "I think it's an opinion we can live with," of providing earlier tax breaks. Schulte said. Should a landowner receive the For the third straight year, Prudential is fanning break and then build homreson cc E 400 E appealing its tax assessments that are high the property, the county will dew the because it has planted violation during the next yearly site 4) M eucalyptus trees on only some of the 25000 acres visit and impose the higher taxes retmac- LM Um Hamakua Coast land it leases from Kame- tively, Schutt- said hameha Schools/Bishop Estate. 'We make a point of checking it out ' O Schutte said the county values the land he said Prudential has planted at $500 per acre, which Fam ers will be assessed the same roll- translates into a yearly tax bill of $5 per acre: back taxes if they do not continue efforts Land that has yet to be planted is assessed at to plant crops on their land, he said market value, which is $15 per acre for a yearly tax of $1,500, he said. Weman's opinion will allow the lower 11A rate to o be applied to all the land, Schutte said-' In each of the past two years, the tax board W approved a compromise value that lowered Pru- I r Z denial's taxes by several hundred thousand ddl- {T~ R~i, \ U C cV lars. fs A C Prudential representative Guy Cellier was unavailable to comment on the legal opinion. to -Z3-q$ Timber firms' tax appeal on hold hAWAII A county board has delayed action on an appeal filed by Pruden- tial Timber over property taxes levied on 25,000 acres of Hamakua For the third time in three years the firth has contested the way the land. 10WxQ %rK ~ I 8VAIF county has appraised the land. The appraisal determia,s the size of the tax bill. The dispute centers on the county's valuation land leased ally Pru- dential Timber for a eucalyptus tree farm, only part of which actually has been planted. RA The firm maintains that the county is placing too much value on the land, saying clearing and other planting-related activities should qualify the acreage for lower, agricultural-based land uses. For the two previous years the county's Tax Board of Review reached compromise on the value of the land that resulted in the lowering of Prudential Timber's tax bill by several hundred thousand dollars. n That action last year prompted county tax officials to propose appeal- UX ing the board's decision to the state. However, that action w Is nev • er taken because the county's chief civil attorney argued that appeal- ing the ruling of its own board would be an embarrassment for the coun- ty. County tax officials sa I at its meeting on Wednesday the board decided to postpone its decision on the latest appeal until it had time to further study information provided by Prudential Timber. A new meetine on the appeal has not ve' been scheduled. Prudential Timber's tax bill cut A settlement reached last week between the county and Prudential Timber has lowered the forester's annual tax bill by $207,000 for land IL leases along the Hamakua Coast. Prudential, for the third year in a row, appealed the value the coun- ty assigned to 25,000 acres located between the Wailuku River and Waipio Valley. The dispute was based on the difference between the $500 per acre value for land in agriculture use and a much higher market Val ue assigned to otheu prc, --ty not being cultivated. The county recently expanded its definition of cultivation to Val- ue land that is being prepared for crops the same as property that- is producing agricultural products. , Due to the new definition, the county settled with Prudential by'," ~ agreeing to the $500 fee for most of its land, while maintaining mar: ket values for other parcels that have not yet been prepared for plant: ing, said Wesley Takai, the county's East Hawaii supervising appraiser. Prudential's original tax bill was $380,000 and its revised assessment equates to a yearly bill of $173,000, said Anitra Wal do of Forest Solutions, the company that serves as Prudential's farm ing manager. "It's not a clear win for us," she said. "It's a mixed bag." Waldo praised the county's Real Property Tax Office for accept ing the expanded definition of agricultural cultivation, yet still com- plained of relatively high tax rates. "We're still paying more taxes than we would anywhere else in the country," Waldo said. x 4 - K,