VAB Minutes 08/06/2018August 6, 2018
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TRANSCRIPT OF THE MEETING OF THE
VALUE ADJUSTMENT BOARD
Naples, Florida, August 6, 2018
LET IT BE REMEMBERED, that the Value Adjustment Board,
in and for the County of Collier, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Burt Saunders, BCC Member
Andrew Solis, BCC Member
Erick Carter, School Board Member
Rebecca Earney, Homestead Citizen Member
Nace Cohen, Business Citizen Member (Excused)
ALSO PRESENT:
Holly E. Cosby, Esq., Counsel to the Board
Annabel Ybaceta, Collier County Property Appraiser
Jack Redding, Property Appraiser’s Office
VALUE ADJUSTMENT BOARD
ORGANIZATIONAL MEETING
AGENDA
August 6, 2018.
9:00 a.m.
1. Roll Call and Pledge of Allegiance (led by VAB Legal Counsel)
2. Quorum Established as required by Florida Statute Chapter 194.015
3. Introductions presented by VAB Legal Counsel
A. Introduction of VAB Board Members
• Board of County Commissioner Andrew Solis (District 2)
• Board of County Commissioner Burt Saunders (District 3)
• School Board Member Erick Carter (District 4)
• (Homestead) Citizen Member Rebecca Earney
• (Business) Citizen Member Nace Cohen
• (Alternate Homestead) Citizen Member Shawn Khan - Resigned
B. Introduction of the Clerk to the Board
• Clerk to the Board — Crystal Kinzel
• Clerk's Designee — Trish Morgan
C. Resignation of Alternate Homestead Citizen Member (informational)
D. Confirmation of BCC & School Board Appointed Members (informational)
4. Appointment of VAB Chairperson (must be a BCC representative)
5. Agenda
A. Recommendation to approve today's agenda
6. Recommendation to reaffirm by Resolution the appointment of the following:
VAB Legal Counsel for VAB Tax Year 2018:
• Holly E. Cosby, Esq. — The Law Office of Holly E. Cosby, P.A.
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August 6,2018
7. Recommendation to reaffirm by Resolution the appointment of the VAB Special
Magistrates for VAB Tax Year 2018:
• Ellen T. Chadwell, PL —Attorney
• Lorraine Dube — State Certified Appraiser
• South FL Valuation Services (Mark Pelletier, CMEA, CSBA, SRA, RM)
• Scott Watson, MAI
8. Request for Board direction to obtain Alternative Special Magistrate(s) for 2018
tax year, if needed (based on number of petitions or any potential conflict)
9. Approval/Acceptance of Minutes into the VAB Record
A. March 5, 2018 VAB Regular Meeting
10. Department of Revenue 2018 VAB Training:
for Magistrates, VAB Members, Legal Counsel and interested parties
(Available: http://floridarevenue.com/dor/property/vab/training.html)
11. VAB Attorney Report/General Business/VAB Reference Materials
A. General overview of Value Adjustment Board's role in Florida's property
tax system, including a process for complaints, and the newly adopted
legislative changes that affect the VAB process.
1) Changes to Exemption and Classification Laws
B. DOR Correspondence dated 04/25/2018
C. Recommendation to adopt Resolution Relating to the Adoption of Internal
Operating Procedures to Supplement Chapter 12D-9, Florida Administrative
Code
D. Good Cause Determinations
1) Recommendation to designate Legal Counsel to Determine "Good
Cause" for Late Filed Petitions for 2018 tax year
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August 6, 2018
2) Recommendation to designate VAB Clerk to Determine "Good
Cause" for Hearing Reschedules, with Legal Counsel Providing
Guidance, for 2018 tax year
E. Recommendation to adopt Resolution for VAB Petition (Appeal) Filing Fee
(F.S. 194.013)
F. Florida Department of Revenue Forms DR-488p — Initial Certification of the
Value Adjustment Board
G. VAB Reference Materials
• Florida's Government in the Sunshine
• Rule Chapter 12D-9, F.A.C.
• DOR's VAB Forms
• Rule Chapter 12D-10, F.A.C.
• Rule Chapter 12D-51.001, F.A.C.
• Rule Chapter 12D-51.002, F.A.C.
• Rule Chapter 12D-51.003, F.A.C.
• Uniform Policies and Procedures Manual and Other Legal Resources and
Reference Materials
• Information for Taxpayers regarding Florida's Property Tax System and
the Value Adjustment Board Process and a Property Brochure
• Florida Statutes: Chapter 119, 286, 192, 193, 194, 195, and 196
H. VAB 2017 Expense Report of 561 petitions filed as compared to:
0615 petitions (VAB 2016) 0635 petitions (VAB 2015)
0392 petitions (VAB 2014) 0616 petitions (VAB 2013)
0770 petitions (VAB 2012) 0892 petitions (VAB 2011)
1528 petitions (VAB 2010) 1775 petitions (VAB 2009)
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August 6, 2018
12. VAB Dates of Importance
A. TRIM Notice to be mailed: Monday, August 20, 2018 (per PAO staff)
B. Deadline to file petitions with the Clerk's Office:
Friday, September 14, 2018 at 5 p.m.
[25 days after the mailing of the TRIM per F.S. 194.011(2) (d)]
C. Date for Next Regular VAB Meeting (room reserved):
Monday, October 1, 2018 at 9:00 a.m. OR
Monday, March 4, 2019 at 9:00 a.m.
D. Magistrate Hearings: October 2018 through January 2019
(More dates, if needed, based on filings)
E. (Proposed) Final VAB Meeting for Tax Year 2018 (room reserved):
Monday, March 4, 2019 at 9:00 a.m. (Tentative)
13. Additional comments/concerns —VAB Counsel/compliance
14. Public Comment
15. Adjournment (to Monday, October 1, 2018 or March 4, 2019)
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MS. COSBY: I believe we have a hot mic.
Good morning. Today is Monday, August 6th, at 9:02 a.m. I will
call the Value Adjustment Board for Collier County's organizational
meeting to order.
We have -- the first item on our agenda, No. 1, is roll call and
Pledge of Allegiance. So let's start with the pledge, and then we'll go
to roll call.
Commissioner Saunders, will you lead us.
(The Pledge of Allegiance was recited in unison.)
MS. COSBY: Thank you. We'll go ahead and take roll call. I
will affirm that we have quorum. I will begin. Holly Cosby, Value
Adjustment Board counsel.
Mr. Carter, will you --
SCHOOL BOARD MEMBER CARTER: Present.
MS. COSBY: You have to say your name. We're going to just --
SCHOOL BOARD MEMBER CARTER: Oh, oh.
MS. COSBY: Say your name for the record.
SCHOOL BOARD MEMBER CARTER: Erick Carter, Collier
County School Board, District 4, present.
COMMISSIONER SAUNDERS: Burt Saunders, Collier County
Commission, District 3, and present.
MS. COSBY: Thank you.
COMMISSIONER SOLIS: Andy Solis, Collier County
Commission, District 2, present.
HOMESTEAD MEMBER EARNEY: Rebecca Earney, citizen
member.
MS. COSBY: Thank you. I will certify that we do have -- we'll
go on to No. 2. We do have a quorum pursuant to Florida Statute
194.015.
And I will also state on the record that I have reviewed the
affidavit of publication for this meeting, and I find it sufficient to
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proceed.
And we've already done introductions.
SCHOOL BOARD MEMBER CARTER: Also, just for the
record, Nace Cohen did text me and said he is ill, so he couldn't make
it today.
MS. COSBY: Thank you very much.
And as we've already gone ahead and introduced everybody on
the record and advised that Nace Cohen cannot make it and, even so,
we do have a quorum, and then we have introductions with regards to
Clerk to the Board. Ms. Kinzel is not present in the room, but we do
also have Ms. Patricia Morgan here. She's the Value Adjustment
Board ex officio -- or clerk instead of the -- she stands instead of Ms.
Kinzel in many functions, if not all functions.
Moving on to Item C, and this was the resignation of alternate
homestead citizen member, and I believe his last name was Khan. Per
the discussion during the final meeting, the Board requested that we
reach out to Mr. Khan. Instead of vacating his position, seeing if he'll
resign, and he did, and we do have a copy of that email within the
agenda packet. I have got a lot of blank pages here for some reason.
COMMISSIONER SOLIS: Is that a position that we need to
publicly advertise and --
MS. COSBY: That was now going to be my -- going to be
something that we needed to discuss as a board. I will tell you that we
don't need that position. Quorum is one commissioner, one school --
school board member, and then one of the two citizen members. We
love it when you're all here. Please keep coming. But we have two
citizen members.
So in the event Mr. Cohen today could not make it, we could still
hold the meeting because Ms. Earney is here. And we do have, in my
experience, usually a full board. You all do show up. So to have that
alternate person isn't absolutely necessary, but I did want to bring it up
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to the Board and see if the Board would like to continue with that
position.
If you'd like, we can certainly engage the school board. Oh, it's a
homestead member. We can engage the -- we can engage the Board of
County Commissioners in appointing an alternate member. But, I
mean, Ms. Earney shows up all the time, and we're grateful for that.
COMMISSIONER SAUNDERS: Well, right now if you were
not feeling well today, we would not be able to proceed, and so I think
we should go ahead and get another alternate. I don't see any
downside to doing that.
HOMESTEAD MEMBER EARNEY: Exactly.
COMMISSIONER SAUNDERS: Hopefully we won't need that.
MS. COSBY: I didn't hear you.
COMMISSIONER SAUNDERS: No. I was saying that we can't
proceed unless we have at least one citizen member and, for example,
today we have one citizen member. If she was not feeling well, we
wouldn't be able to proceed.
MS. COSBY: You are correct.
COMMISSIONER SAUNDERS: So I think we should get an
alternate.
MS. COSBY: You'd like to get the alternate, okay. I guess we
would need a motion, then, at this point from the Board to -- well, we
can't do that yet. We don't have -- we'll table that and move it to -- I'll
move it right past Item 4, and we'll call it 4A, because we don't have a
chair yet. But we'll keep that -- we'll keep that in mind if the Board
would like that.
Moving forward, confirmation of the Board of County
Commissioners and school board appointed members. It's an
informational item only. I just want to advise the Board that I did do a
background and research compliance check to ensure that Ms. Earney
and Mr. Cohen still qualify as citizen members in their capacities, and
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they both do. And I have provided documentation of that which,
unfortunately, everything that I'm looking at is completely blank here.
I'm hoping you-all can see stuff.
COMMISSIONER SOLIS: Did that last year.
MS. COSBY: So moving on to Item 4, we will need a motion for
the appointment of a VAB chair for this year, and I will advise that the
chair must be a commissioner.
COMMISSIONER SOLIS: I would move that my distinguished
colleague, Commissioner Saunders, be the chair this year for the VAB.
COMMISSIONER SAUNDERS: I appreciate the confidence
that my colleague has placed in me. There are big shoes to fill to take
that position, and I commit to you that I'll do the best job that I can.
MS. COSBY: So we have a motion by Commissioner Solis --
SCHOOL BOARD MEMBER CARTER: I'll second.
MS. COSBY: -- to appoint Commissioner Saunders as chair. We
have a second by Mr. Carter.
SCHOOL BOARD MEMBER CARTER: I have a second.
MS. COSBY: Do we have any discussion on this item?
(No response.)
MS. COSBY: All those in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
MS. COSBY: Those opposed?
(No response.)
MS. COSBY: Motion carries.
Commissioner Saunders, before we turn over the agenda that we
have set in -- over to you, I just want to make sure that we add the Item
4A, and this would be with regards to engaging the Board of County
Commissioners to appoint an alternate -- an alternate citizen member
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who's homesteaded in Collier County, and that would be so that they
can also come to the meetings, and in the event we have another
absence, illness, we can ensure that we do have a citizen member
present, although Ms. Earney has been fantastic.
CHAIRMAN SAUNDERS: Then we need a motion to direct that
the County Commission --
MS. COSBY: Engage.
CHAIRMAN SAUNDERS: -- request an alternate for our
membership. So is there a motion?
COMMISSIONER SOLIS: Second -- or I'll make that motion.
CHAIRMAN SAUNDERS: Second?
SCHOOL BOARD MEMBER CARTER: Yeah, I'll second it.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
MS. COSBY: I think we have some discussion, Commissioner;
I'm sorry. Ms. Earney?
CITIZEN MEMBER EARNEY: I do. Not with that position, but
if you have to have a school board member, too, then should there be
an alternate?
SCHOOL BOARD MEMBER CARTER: Yeah. We always
have an alternate. I think Ms. Donalds is our alternate at this point.
She served on the Board in the past. We will be having our
reorganization meeting in November. So at that point we will pick
another -- we will pick somebody, whether it's me or another board
member, to be a representative and an alternate at that time as well.
MS. COSBY: That's wonderful. Was -- Ms. Earney, were you
asking about an alternate citizen member, such as yourself?
HOMESTEAD MEMBER EARNEY: School board member.
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MS. COSBY: Okay. The school board member, yeah. Usually
the school board does appoint an alternate.
SCHOOL BOARD MEMBER CARTER: Which is a good point,
yeah.
MS. COSBY: Yes, ma'am.
HOMESTEAD MEMBER EARNEY: Thank you.
CHAIRMAN SAUNDERS: If we don't need a motion for that,
then we'll move on to --
MS. COSBY: No, sir.
CHAIRMAN SAUNDERS: -- 5A, the approval of today's
agenda.
SCHOOL BOARD MEMBER CARTER: I motion to approve
the agenda.
HOMESTEAD MEMBER EARNEY: Second.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: Item No. 6, we need to reappoint
our VAB legal counsel. Ms. Holly Cosby has done a wonderful job.
Is there a motion to --
COMMISSIONER SOLIS: So moved.
CHAIRMAN SAUNDERS: Second.
CITIZEN MEMBER EARNEY: Second.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
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CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Passes unanimously.
Item No. 7, we need the appointment of the VAB special
magistrates. Is there any discussion?
And, Ms. Cosby, I assume that we appoint all four of these?
MS. COSBY: Yes, sir. They're returning for next year. I believe
they have a contract for two or three years, so this would just be
ratifying the ones that we appointed last year.
CHAIRMAN SAUNDERS: Is there a motion?
SCHOOL BOARD MEMBER CARTER: I motion.
CHAIRMAN SAUNDERS: Second.
All in favor, signify by saying aye.
COMMISSIONER SOLIS: Second.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: Item No. 8, request for board
direction to obtain alternative special magistrates for 2018. Do we
need alternative special magistrates?
MS. COSBY: I can advise that last year we were just fine with
the roster that we have here. I will also advise that in the event that we
do not need additional magistrates, there wouldn't really be a necessity
for that October special meeting that they -- that we have -- that you
have previously set.
I took on the calendar for last year as set with the idea that I was
going to try and improve the process where necessary, where we could,
and in one of the veins, I would like to -- if we don't need a special
magistrate, there really wouldn't be any Board action necessary in
October. It would definitely save revenue, because then they wouldn't
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have to pay me to be here, fill your schedules up, they wouldn't need to
pay for advertising and, really, the only item on that agenda at that
time would be the need for possibly other special magistrates.
CHAIRMAN SAUNDERS: So, in your opinion, we don't need
an alternative special magistrate?
MS. COSBY: At this time we don't. Here's what I would advise
the Board. That would probably be based on the petition load. So
after the TRIM notices come out mid August, once our filing deadline
is finished and we start to see what's coming in after that, we would
know whether or not we may need an additional special magistrate to
carry that load. If we do, then at that time we would reach out to the
Board and set another October -- set an October meeting to appoint
that person; otherwise, we could proceed with -- you know, with this --
COMMISSIONER SOLIS: When was the last time that ever
occurred where we needed to appoint an additional?
MS. COSBY: I am unsure. I have only been here -- this is my
second year in Collier County, proudly, but we didn't need to do it last
year, and we had a sufficient load of petitions.
CHAIRMAN SAUNDERS: Unless there's some further
discussion, we'll move on to the next item.
SCHOOL BOARD MEMBER CARTER: So we won't have the
meeting in October then?
CHAIRMAN SAUNDERS: That's correct.
SCHOOL BOARD MEMBER CARTER: Is that what I'm
hearing?
MS. COSBY: We're going to table that just to see what petitions
come in. I just wanted to advise the Board there's no motion at this
time that -- well, here's what I would say: I believe we need a motion
to allow Value Adjustment Board administration to gauge the need for
an alternate special magistrate depending on petition load. So I think
we would need permission to do that outside of having another
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meeting to give permission. I think I would like some preliminary
permission to do that.
COMMISSIONER SOLIS: So moved.
CHAIRMAN SAUNDERS: Is there a second?
SCHOOL BOARD MEMBER CARTER: I second that.
CHAIRMAN SAUNDERS: Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
MS. COSBY: We'll contact you if we need to.
CHAIRMAN SAUNDERS: We'll move on to Item No. 9, the
approval of the minutes.
SCHOOL BOARD MEMBER CARTER: Motion to approve the
minutes.
HOMESTEAD MEMBER EARNEY: Second.
CHAIRMAN SAUNDERS: Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Item No. 10.
MS. COSBY: Department of Revenue Value Adjustment Board.
CHAIRMAN SAUNDERS: Training.
MS. COSBY: This is an informational item. No motion is
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necessary. I will advise that I have completed the training. The
attorney completing the training exempts the Board from completing
the training. So the law states that either the Board takes the training
or attorney can do so in your stead. And then I've done that and taken
and passed the exam.
CHAIRMAN SAUNDERS: Appreciate that.
MS. COSBY: With, regretfully, a 94 percent. So I missed a few
questions, but I've taken about 20 hours off your plate.
SCHOOL BOARD MEMBER CARTER: Thank you.
MS. COSBY: And we will ensure that all special magistrates
have taken the training prior to hearing petitions.
CHAIRMAN SAUNDERS: Item No. 11 is the attorney report.
MS. COSBY: I will advise for the record that we have -- okay.
We've got a general overview of the Value Adjustment Board's role
and property tax system including a process for complaints and the
newly adopted legislative changes that affect the VAB process, which
would Exhibit 11A. Then we have A1, which I'm going to open here,
because all of my items --
COMMISSIONER SOLIS: They're all blank.
MS. COSBY: -- on the county computer are blank.
COMMISSIONER SOLIS: And very small.
MS. COSBY: What's that?
COMMISSIONER SOLIS: And very small after Page 10.
MS. COSBY: Very small. Oh, boy.
We have provided legal updates to any changes and
classifications and exemptions. None of this affects Value Adjustment
Board operations, I will advise. This is more on the hearing front and
special magistrate need for knowledge.
Going on to 11B, however, I will advise that after our final
meeting last year there was a complaint lodged to the Department of
Revenue, and that is also in your -- that is also in your exhibit packet.
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That should be 11B.
I was not in receipt of the initial correspondence. That
correspondence was forwarded to the Department of Revenue, and
then Steven Keller, the attorney for the Department of Revenue,
forwarded it to my office, and I did review the complaint as necessary
and respond. And I believed in the beginning -- the complaint was
quite vague as far as the Value Adjustment Board was concerned. It
really seemed like the gentleman was complaining about Property
Appraiser informational materials and brochures, which is not a VAB
function and not something that I should ever comment on.
And then further he was complaining about something that a
special magistrate had done during a hearing. And when I probed
further on that, it wasn't that he -- I asked for a petition number so that
I could review that verbatim and review what had gone on, and there
wasn't a petition number. The gentleman had heard somebody else say.
So we had some hearsay about what somebody else said that they felt
happened during the Value Adjustment Board session last year.
There was never anything specific provided to me that I could
investigate. It was all either Property Appraiser concern or -- and not
to say the Property Appraiser's doing anything wrong. I just could not
comment.
And so we did -- Property Appraiser was also -- their office was
also included in this complaint, and I'm sure that they have responded
to the complaint. And, again, I don't want to say whether they had
done anything wrong or right. I just had to abstain from that.
But with regards to the Value Adjustment Board, we had done
nothing wrong. I couldn't find anything wrong. I couldn't get any
specifics or particulars to investigate to respond to. It was just more
hearsay, what he had heard somebody else said.
So as far as the Value Adjustment Board went with regards to that
complaint, I haven't heard anything else from the Department of
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Revenue. We've received no further complaint, and I believe at this
time it rests. But I need to advise the VAB that it happens.
CHAIRMAN SAUNDERS: Okay. Thank you.
MS. COSBY: With regards to 11C -- sorry, I can turn that back
over to you, Commissioner.
CHAIRMAN SAUNDERS: All right. 11C, resolution relating to
the adoption of internal operating procedures to supplement Chapter
12D-9, Florida Administrative Code. So you need a simple motion to
--
MS. COSBY: I need a motion for that resolution, which I'll have
you sign when we are finished today.
CHAIRMAN SAUNDERS: So we need a motion to adopt.
SCHOOL BOARD MEMBER CARTER: I motion to adopt.
CHAIRMAN SAUNDERS: Is there a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: It passes unanimously.
11D, good-cause determinations.
MS. COSBY: We have a --
CHAIRMAN SAUNDERS: So we would appoint you?
MS. COSBY: You would appoint me for the good-cause late file,
yes, sir.
COMMISSIONER SOLIS: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
COMMISSIONER SOLIS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
August 6, 2018
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CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
And then we need to designate VAB clerk to determine good
cause for hearing reschedules.
MS. COSBY: With myself providing guidance, yes, sir.
CHAIRMAN SAUNDERS: So when you say a "VAB clerk" --
MS. COSBY: That would be Ms. Morgan.
CHAIRMAN SAUNDERS: So is there a motion to make that
appointment?
SCHOOL BOARD MEMBER CARTER: So moved.
CHAIRMAN SAUNDERS: Is there a second?
HOMESTEAD MEMBER EARNEY: Second.
COMMISSIONER SOLIS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Passes unanimously.
MS. COSBY: I'd just like to clarify that that's a designation and
not an appointment. So you're just designating.
CHAIRMAN SAUNDERS: Okay. That's what we meant to say.
MS. COSBY: Yes, sir.
CHAIRMAN SAUNDERS: Number E, recommendation to
adopt a resolution for VAB petition filing fee. Do you have any
explanation of that, or we just go ahead and --
MS. COSBY: Every year we should set a filing fee. We have to
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have a resolution doing so. Maximum of $15 per petition.
HOMESTEAD MEMBER EARNEY: Maximum of what?
MS. COSBY: $15 per petition.
CHAIRMAN SAUNDERS: Is that the same as it was last year?
MS. COSBY: Yes, sir, and the year before and the year before. I
can attest to that.
CHAIRMAN SAUNDERS: Is there a motion?
SCHOOL BOARD MEMBER CARTER: Motion to the $15.
CHAIRMAN SAUNDERS: Second?
CITIZEN MEMBER EARNEY: Second.
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: Passes unanimously.
Number F, Florida Department of Revenue Forms DR-488p,
initial certification of the Value Adjustment Board. Do we need to
have a motion to use that form, or is that just information?
MS. COSBY: We need to -- we would need a motion to initially
certify the tax rolls.
SCHOOL BOARD MEMBER CARTER: I so motion.
CHAIRMAN SAUNDERS: Is there a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
HOMESTEAD MEMBER EARNEY: Aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN SAUNDERS: All opposed?
August 6, 2018
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(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
Number G. This looks like it's just informational.
MS. COSBY: Yes, and I will need to read this on the record.
I want to make sure that verbatim reflects that all items that are
physically present in the room today are as follows: Florida
Government in the Sunshine Manual; Florida Administrative Code
Rule, Chapter 12D-9; Department of Revenue Value Adjustment
Board forms; Florida Revenue -- Florida Administrative Code, Chapter
12D-10; Florida Administrative Code, 12D-51.001, 15 -- 51.002,
51.003; Uniform Policies and Procedures Manual and other legal
resources and reference materials provided by the Department of
Revenue; information for taxpayers regarding Florida Property Tax
System and the Value Adjustment Board Process, and a Property
Brochure; and then Florida Statutes Chapters 119, 286, 192, 193, 194,
195, 196.
CHAIRMAN SAUNDERS: All right. Item H, again, looks like
just a report.
MS. COSBY: It is a report of Value Adjustment Board expense,
and it gives you a comparison of number of petitions that were
received in previous years.
CHAIRMAN SAUNDERS: Any discussion on that item?
(No response.)
CHAIRMAN SAUNDERS: Then we'll move on to Agenda Item
No. 12. These are the dates of importance. If you could go through
those for us.
MS. COSBY: Absolutely. We've been advised per Property
Appraiser staff that we will -- the TRIM notices will be mailed on
Monday, August 20th. A deadline with that -- with that in mind,
deadline to file petitions with the Value Adjustment Board and the
Clerk's Office would be Friday September 14th by 5 p.m. That's 25
August 6, 2018
Page 17
days after the mailing of the TRIM.
The date for the next regular Value Adjustment Board meeting
with the room reserved, if we need an October meeting, will be
Monday, October 1st at 9 a.m., or we would finalize our Value
Adjustment Board session this year on Monday, March 4th, 2019,
unless the Board has any time conflicts with either of those dates.
Magistrate hearings will be held between October and January,
and we have -- again, the proposed final meeting for the 2018 tax year
would be Monday, March 4th, 2019, at 9 a.m.
CHAIRMAN SAUNDERS: Are there any problems with the
March 4th date as far as we know at this point?
SCHOOL BOARD MEMBER CARTER: I see no issues.
MS. COSBY: Okay.
CHAIRMAN SAUNDERS: All right. Then the October 1 date
is somewhat up in the air at this point.
MS. COSBY: Yes, sir.
CHAIRMAN SAUNDERS: Any discussion on that item?
(No response.)
CHAIRMAN SAUNDERS: Then we will move on to 13. Any
further issues or questions?
MS. COSBY: I do, because I have a compliance checklist that I
go through. So I want to make sure that I have not missed anything on
this that we need to state out loud.
We've got the introduction of the board clerk, introduction of
members, we appointed or ratified magistrates, all the rules I
announced are present in the room, government in the Sunshine is
present, associated forms are present.
Local administrative procedures and forms of the Board or special
magistrates are available, present in the room today as well. We don't
have very many.
And I will advise for the record that any local procedures here are
August 6, 2018
Page 18
ministerial in nature. They are not inconsistent with governing statutes,
case law, attorney general opinions, or rules of the Department of
Revenue.
We did discuss, take testimony, or at least it is available for
discussion today, Florida Property Tax System respective roles within
this system, taxpayers opportunities to participate in the system, and
property taxpayer rights.
We did do a resolution, and we have a tentative schedule. And I
will advise for the record there are two items that are not complete that
are required to be completed. There is a reasoning for both. One is
that all special magistrates have received Department of Revenue
training and have completed the same and passed any corresponding
exam if required.
And the training came out about a week and a half ago. So it's
not expected that our magistrates would be finished with the training at
this time, but they will be finished before hearings commence or
before they hear hearings.
And with regards to the notices that have been given to any CEO
of any municipality, that has not been done yet either because we have
not received very many petitions or set hearings. But once that's done,
if any of the parcels that are subject to any petitions fall with any
municipality, then the CEO will receive notice of those hearings as
well.
And with that, I conclude.
CHAIRMAN SAUNDERS: All right. Any comments, questions
from the VAB members?
HOMESTEAD MEMBER EARNEY: No.
CHAIRMAN SAUNDERS: All right. Any public comment? I
don't see any.
Unless we have some other business, Ms. Cosby, I will adjourn
the meeting.
August 6, 2018
MS. COSBY: You absolutely may. We're good.
CHAIRMAN SAUNDERS: All right. We are adjourned.
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:26 a.m.
4,072,
CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
Attest as to Chairman's
signature only.
presented as
These minutes approved by the Board on ifl1c3cC; I'��;��
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT
REPORTER.
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