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The
Final 2010 Value Adjustment Board (VAB) Meeting
was held on this date with the following
members present:
BOARD
OF COUNTY COMMISSIONERS
A.
Brian Bigelow, Chairman
Thomas Scott, Alternate for
Dr. Jane Kuckel
CITIZEN MEMBERS
Fred Kobie, School Board Appointee
Alan Garges, Board of County Commissioners Appointee
The Chairman called the meeting to order at 10:00 a.m.
FILING
OF THE AFFIDAVIT
OF PUBLICATION
Attorney
Holly Cosby, VAB Counsel, approved as to legal form and sufficiency, the
Affidavit of Publication;
and
entered it into the record.
Chairman Bigelow distributed copies of a
letter he had received from Attorney K'Shana Haynie,
of the law firm of
Roetzel and Andress, requesting that speakers representing Steeve Squared LLC be allowed to speak for thirty
minutes during public comment. After the Chairman indicated that the request would be addressed during
consideration of Special Item S-1, Commissioner Judah stated that he would not support the request for extra time.
S-1 ACTION REQUESTED/PURPOSE
Review and approve proposed Revised Public Comment Guidelines
Addendum 1 to VAB Local Policies and Procedures
-
Exhibit S-1
Attorney Cosby advised that the proposed revisions were products of the Board's request at the last meeting to expand
the individual speaker time and remove some constraints on subject matter and responded to Board questions.
Following a brief discussion, Commissioner Judah moved to approve the guidelines with amended language to retain
the word "must". Additional Board discussion ensued regarding the changes, and Commissioner Judah's motion failed
for lack of a second.
Mr. Kobie moved to approve the item as presented, seconded by
Mr. Garges, called and carried
with Commissioner Judah dissenting.
PUBLIC COMMENT ON AGENDA ITEMS
Attorney Cosby read into the record an
announcement
concerning the policy and procedures for public comment,
incorporating the revisions approved in Special Item S-1. The Chairman called for public comment, and the following
individuals came forward to offer comments on Administrative Agenda Item A-4:
Sanibel resident
Judith Zimomra,
representing
Barry A. Roth, Trustee, submitted a
handout.
Attorney K'Shana Haynie,
of the law firm of Roetzel and Andress, representing Steeve Squared LLC,
submitted a
handout
Attorney
Richard D. Pritt,
of the law firm of Roetzel and Andress, representing Steeve Squared LLC,
submitted a
report
and a
handout
representing Steeve Squared LLC
Ed Sevcik
DURING CONSIDERATION
OF ADMINISTRATIVE AGENDA ITEM A-4:
Cape Coral resident Gerald Salemi was given the opportunity to ask whether the values shown on the
Recommended Decision for his Petition 2010-00077 could be changed again.
CONSENT AGENDA ITEMS TO BE PULLED FOR DISCUSSION:
No Consent Agenda items were pulled for discussion by individual Members.
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C-1 ACTION REQUESTED/PURPOSE
Approve the Minutes of the VAB Meeting of January 12, 2011 -
Exhibit C-1
Mr. Kobie moved approval, seconded by Commissioner Judah, called and carried.
A-1 ACTION REQUESTED/PURPOSE
Review and approve proposed Complaint Policy/Guidelines
Addendum 2 to VAB Local Administrative Procedures -
Exhibit A-1
VAB Attorney
Holly Cosby commented that the guidelines reflected Board discussion at the January VAB meeting.
Commissioner Judah moved to approve the item, seconded by
Mr. Kobie for discussion. Following Board discussion,
Attorney Cosby suggested additional language as a possible Item 3.5 in the proposed guidelines, similar to the
following: VAB Counsel shall have the right to promptly address any matter that is administrative or legal in nature
with regards to VAB procedures. Commissioner Judah amended his original motion to include the additional
language, and the seconder agreed. Following brief discussion, the amended motion was called and carried.
A-2 ACTION REQUESTED/PURPOSE
Review/Accept Reports on Public Comment Issues from January meeting:
a. Petition 2010-00477 -
Exhibit A-2a
with additional information from Property Appraiser
b. Petition 2010-00496 -
Exhibit A-2b
with additional information from Property Appraiser
Attorney Cosby briefly reviewed Exhibit A-2a, and Exhibit A-2b. Commissioner Judah moved to accept the reports,
seconded by
Mr. Kobie. After Attorney Cosby noted that both petitions were included in Exhibit A-4 for VAB
approval, the motion was called and carried.
A-3 ACTION REQUESTED/PURPOSE
Accept Reports of Property Appraiser Subtractions from/Additions to Tax Roll
Exhibit A-3a
- Real Property and
Exhibit A-3b
- Tangible Personal Property
The reports were provided at the meeting by Property Appraiser Assessment Administrator
Julianne Dalton. Minutes
Lead VAB
Clerk Michele Cooper briefly explained that these reports listed Property Appraiser changes to the initial
tax roll, and clarified that these were distinct from changes due to Special Magistrate/VAB action. Commissioner
Judah moved acceptance, seconded by
Mr. Garges, called and carried.
A-4 ACTION REQUESTED/PURPOSE
Approve recommendations as provided by VAB Special Magistrates -
Exhibit A-4
Each of the issues brought up by the speakers were briefly reviewed, and Attorney Cosby emphasized that circuit
court was the appropriate venue for the requests presented by all of the speakers. Following further discussion
Commissioner Judah moved approval, seconded by
Mr. Kobie, called and carried.
A-5 ACTION REQUESTED/PURPOSE
Approve Corrected Special Magistrate Recommendations -
Exhibit A-5
After
Ms. Cooper briefly explained the reason for the requested corrections, Commissioner Judah moved approval,
seconded by
Mr. Kobie, called and carried.
A-6 ACTION REQUESTED/PURPOSE
Approve
Forms DR-488
- 2010 Certifications of the Value Adjustment Board
Exhibit A-6a
- Real Property and
Exhibit A-6b
- Tangible Personal Property
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Ms. Cooper described the purpose of the forms. Commissioner Judah moved approval, seconded by
Mr. Garges. The
motion was called and carried.
A-7 ACTION REQUESTED/PURPOSE
Approve Form DR-529 - 2010 Tax Impact of the Value Adjustment Board -
Exhibit A-7
Commissioner Judah moved approval, seconded by
Mr. Scott. Following clarification of
Mr. Scott's presence at the
meeting although
Dr. Kuckel's name was on the DR-529, the motion was called and carried.
A-8 ACTION REQUESTED/PURPOSE
Approve Payments in Amounts over $15,000.00 to Specific Individual Special Magistrates -
Exhibit A-8
Commissioner Judah moved approval, seconded by
Mr. Garges, called and carried.
A-9 ACTION REQUESTED/PURPOSE
Accept VAB Final Revenue/Expense Report -
Exhibit A-9
Commissioner Judah moved approval, seconded by
Mr. Kobie, called and carried.
VAB MEMBERS' INFORMATION/DISCUSSION ITEMS
No items were presented for consideration by the individual Board members.
VAB ADMINISTRATION INFORMATION/DISCUSSION ITEMS
I-1
Comparative VAB Statistics Summary for 2000-2010 -
Exhibit I-1
Ms. Cooper explained that the Summary was an annual report that was prepared each year to show the differences
from previous years.
I-2
Analysis of Grant/Deny Recommendations by Special Magistrate -
Exhibit I-2
Ms. Cooper mentioned that this report was requested last year by the Board, and that the information was not used to
make any determinations regarding future appointment of Special Magistrates.
VAB COUNSEL INFORMATION/DISCUSSION ITEMS
I-3 Update on Bevan lawsuit
- Dismissal of Appeal -
Exhibit I-3
Attorney Cosby reported that the District Court of Appeals (DCA) had earlier denied the appeal from Circuit Court,
and had recently dismissed the Bevans' appeal of that denial.
I-4 Update on Department
of Revenue activities -
Challenge of DOR rules and training
Attorney Cosby explained that the
Hillsborough County Property Appraiser had initiated a lawsuit challenging certain
portions of the Department
of Revenue (DOR) rules and a portion of the DOR magistrate training regarding rules of
evidence and evidence exchange. She added that several other
Florida property appraisers have joined in the lawsuit;
that, every time another property appraiser joins in the DOR sends an email to be distributed to all special magistrates
and VAB members; and that the
Lee County Property Appraiser had not yet joined in the lawsuit.
Mr. Kobie moved to adjourn, seconded by
Mr. Garges, called and carried.
The Chairman adjourned the meeting at 11:33 a.m.
__________________________
_______________________________________
Chairman,
Lee County Value Adjustment Board
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