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VAB Agenda 2-11-2021 Item # 4 Public CommentItem #4 • Public Comment 1 Martha S. Vergara From:holly@cosbylaw.com Sent:Wednesday, January 27, 2021 11:23 AM To:value adjustment board Cc:Martha S. Vergara; Derek M. Johnssen; Teresa L. Cannon; Ann P. Jennejohn Subject:Re: 20-00043 and Phone Call Yesterday Importance:High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, All. Yesterday, I received a call from an Attorney I know, Mark Draper. I know him through a civic organization in which we are both members, so I returned his call out of courtesy and because I was not sure why he was calling. When someone calls my office regarding a VAB matter, I make it a practice to keep the conversation short and require all VAB communications to be placed in writing, as they should really be forwarded to VAB Administration, and not my office. During the brief conversation (6 minutes – 3:18 pm – 3:24 pm), Attorney Draper advised that he represented the property owner for Petition 20-00043. I looked at my review notes for that petition, and was reminded that the property owner was trying to appeal a loss of Homestead Exemption for 2018 and 2019. The VAB only has jurisdiction over the current year, and I reminded Attorney Draper of that. He is actually legal counsel for the Charlotte County Property Appraiser, so he is well aware of the laws and rules that govern Florida VABs. He stated he was aware of the law, but that “sometimes VABs do what they want to do”. Ultimately, the petitioner wants a second bite of the apple, he’s not satisfied with the outcome of his petition. It is always my advice that the VAB not pull recommendations for reconsideration by the Board itself. It could give the impression that we do not respect our special magistrates and the recommendations they submit, which are based on their knowledge and expertise in their area of focus. I have a memorandum that I typed up a few years ago, that I keep redating for instances like this, where a petitioner would like the Board to do away with a SM recommendation and review the matter itself. That practice is frowned upon in most, if not all, counties. At this point, the petitioner’s true recourse is to file a lawsuit in Circuit Court. Attorney Draper is aware of all of this, and yet, he stated he may want to speak with the VAB on this issue during the final meeting. I made sure he was aware of the date of the final meeting, and he advised that we was and confirmed the date and time of February 11th at 9 am. At the end of the brief conversation, I requested that Attorney Draper send my office an email, so that I could forward the same to VAB Administration to have this item added in the Public Comment portion of the agenda. At this time, I have not received anything from Attorney Draper, and I have even checked my SPAM folder. I think it is important to advise all of you of this issue, for a few reasons: 1) to resolve any appearance of bias or conflict on my behalf – I have no conflict, it was a brief conversation, during which I reminded him of the law and asked him to email me with the details so I can forward that on to VAB Administration, 2) in case Attorney Draper calls or emails any of you directly, you are aware of the 2 situation, and know that it is coming, 3) to make sure that you all know that this matter would be added to the Public Comment portion of the agenda, and 4) in case Attorney Draper does not email anyone, but still shows up to the final meeting, that everyone is aware that this issue may be raised during Public Comment. Please let me know if you have any questions or concerns. Very truly, Holly Cosby Holly E. Cosby Law Office of Holly E. Cosby, P.A. 602 Center Road Fort Myers, Florida 33907 (239) 931-0006 (239) 418-0006 (fax) This electronic message transmission and any associated files and/or attachments contains information from the Law Office of Holly E. Cosby, P.A. that is considered confidential or privileged. The information is intended solely for the recipient and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please permanently delete this information and notify me immediately by telephone (239-931-0006), or by electronic mail (holly@cosbylaw.com). Additionally, however, Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure. Thank you. 1 Martha S. Vergara From:holly@cosbylaw.com Sent:Wednesday, January 27, 2021 5:34 PM To:value adjustment board Subject:FW: Collier County VAB Petition Number: 2020-00043; Petitioner: Joseph Elmasri Attachments:Cosby-ltr re final VAB meeting.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. FYI – please see the attached letter from Mr. Draper. Holly E. Cosby Law Office of Holly E. Cosby, P.A. 602 Center Road Fort Myers, Florida 33907 (239) 931-0006 (239) 418-0006 (fax) This electronic message transmission and any associated files and/or attachments contains information from the Law Office of Holly E. Cosby, P.A. that is considered confidential or privileged. The information is intended solely for the recipient and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please permanently delete this information and notify me immediately by telephone (239-931-0006), or by electronic mail (holly@cosbylaw.com). Additionally, however, Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure. Thank you. From: Carole Verrico <cverrico@markdraperlaw.com> Sent: Wednesday, January 27, 2021 4:16 PM To: holly@cosbylaw.com Subject: Collier County VAB Petition Number: 2020‐00043; Petitioner: Joseph Elmasri Good afternoon Attorney Cosby, Please find attached Mr. Draper’s January 27, 2021 correspondence regarding the above referenced matter. Regards, Carole Verrico, ACP, FRP Paralegal to Mark A. Draper Draper Law Firm, P.L. 401 East Olympia Avenue Unit 1 Punta Gorda, Florida 33950 2 carole@markdraperlaw.com www.draperpersonalinjurylaw.com (941) 833-8383 Voice (941) 833-8384 Facsimile Confidentiality Notice-This message is being sent by or on behalf of an attorney. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of this message. is a registered certification mark of the National Association of Legal Assistants. DRAPER LAW FIRM, P.L. A Personal Injury and Civil Litigation Law Firm and Mediation Center January 27, 2021 Electronic Mail Only Attorney Holly E. Cosby Law Office of Holly E. Cosby, P.A. 602 Center Road Fort Myers, FL 33907 Holly@cosbylaw.com Re: Collier County VAB Petition 4: 2020-00043 Petitioner Name: Joseph Elmasri Dear Attorney Cosby: This correspondence follows our telephone conference yesterday, and it confirms in writing the general substance of our discussion. As we discussed, I intend to appear at the final Value Adjustment Board meeting for the Collier County Value Adjustment Board on February 11, 2021 at 9:00 a.m. to ask the Value Adjustment Board to remove the above referenced petition from its consent agenda. I believe that the Value Adjustment Board has the jurisdiction to provide the petitioner with relief from his situation that was caused by his unfortunate health issues. I will request the Value Adjustment Board either grant his petition to reinstate his homestead or in the alternative adjust his 2020 assessed value to its 2018 value of $2,343,639.00. Thank you for your time and attention to my request. If you have any questions or concerns, please do/not hesitate to contact me. yours, Mark. Draper Fort Firm MAD/cv Cc: Mr. Elmasri by electronic mail 00464 001 Personal Injury • Wrongful Death • Civil Litigation • Mediation • Ad Valorem Tax Assessment Challenges 401 East Olympia Avenue, Unit 1, Punta Gorda, Florida 33950 Telephone: (941) 833-8383 • Facsimile: (941) 833-8384 www.draperpersonalinjurylaw.com 1 Martha S. Vergara From:holly@cosbylaw.com Sent:Wednesday, January 27, 2021 5:42 PM To:'Carole Verrico' Cc:value adjustment board Subject:RE: Collier County VAB Petition Number: 2020-00043; Petitioner: Joseph Elmasri Importance:High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good afternoon, Ms. Verrico. I am in receipt of the letter you have provided. I have provided Mr. Draper’s correspondence to the Collier County VAB Administration. They have been made aware that Mr. Draper intends to speak during the Public Comment portion of the final meeting. As I reminded Mr. Draper when we spoke briefly yesterday, the VAB only has jurisdiction over the current tax year. While Mr. Draper believes that the VAB has the autonomy to act outside of the laws and rules which govern Florida Value Adjustment Boards, Mr. Draper’s client’s true recourse at this time would be to seek relief at the Circuit Court level. Nonetheless, Mr. Draper will be provided an opportunity to speak to the Board on February 11th. Please advise Mr. Draper that the VAB allots three minutes for public comment, and that he should be prepared to limit his comments and concerns to the permitted three minutes. Respectfully, Holly Cosby Holly E. Cosby Law Office of Holly E. Cosby, P.A. 602 Center Road Fort Myers, Florida 33907 (239) 931-0006 (239) 418-0006 (fax) This electronic message transmission and any associated files and/or attachments contains information from the Law Office of Holly E. Cosby, P.A. that is considered confidential or privileged. The information is intended solely for the recipient and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please permanently delete this information and notify me immediately by telephone (239-931-0006), or by electronic mail (holly@cosbylaw.com). Additionally, however, Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure. Thank you. From: Carole Verrico <cverrico@markdraperlaw.com> Sent: Wednesday, January 27, 2021 4:16 PM To: holly@cosbylaw.com Subject: Collier County VAB Petition Number: 2020‐00043; Petitioner: Joseph Elmasri 2 Good afternoon Attorney Cosby, Please find attached Mr. Draper’s January 27, 2021 correspondence regarding the above referenced matter. Regards, Carole Verrico, ACP, FRP Paralegal to Mark A. Draper Draper Law Firm, P.L. 401 East Olympia Avenue Unit 1 Punta Gorda, Florida 33950 carole@markdraperlaw.com www.draperpersonalinjurylaw.com (941) 833-8383 Voice (941) 833-8384 Facsimile Confidentiality Notice-This message is being sent by or on behalf of an attorney. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of this message. is a registered certification mark of the National Association of Legal Assistants.