VAB Minutes 08/19/2024 DraftAugust 19, 2024
Page 1
TRANSCRIPT OF THE MEETING OF THE
VALUE ADJUSTMENT BOARD
Naples, Florida, August 19, 2024
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:
MEMBERS PRESENT:
Dan Kowal, County Commission Member, Chair
Rebecca Earney, Homestead Citizen Member
Erick Carter, School Board Member
Jill Rosenfeld, Homestead Citizen Member
Burt Saunders, County Commission Member (Absent)
Ron Kezeske, Business Citizen Member (Absent)
COUNSEL TO THE BOARD
Holly E. Cosby, Esq.
THE PROPERTY APPRAISER'S OFFICE
Jennifer Blaje
Annabel Ybaceta
THE CLERK'S OFFICE
Marty Rustin
Martha Vergara
August 19, 2024
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CHAIRMAN KOWAL: All right. Bring this Value
Adjustment Board organizational meeting open.
MS. COSBY: Okay. Good morning. If I could get
everybody to stand for the Pledge, please.
(The Pledge of Allegiance was recited in unison.)
MS. COSBY: Thank you very much.
All right. We are on -- today is Monday, August 19th, 2024, at
9 a.m. My name is Holly Cosby. I'm Value Adjustment Board
counsel. We are here today for the Value Adjustment Board
organizational meeting for 2024.
If I could please have everybody state their name for the record
starting with Ms. Earney.
HOMESTEAD MEMBER EARNEY: Hi. Homestead
Citizens Member Rebecca Earney.
HOMESTEAD MEMBER ROSENFELD: Good morning.
Alternate Homestead Citizen Member Jill Rosenfeld.
CHAIRMAN KOWAL: Collier County Commissioner,
District 4, Daniel Kowal.
SCHOOL BOARD MEMBER CARTER: Collier County
School Board member, District 4, Erick Carter.
MS. COSBY: Thank you very much.
I'll advise for the record we are now on Agenda Item 2.
Quorum has been established pursuant to Florida Statute 194.015.
And I will also advise for the record that I have reviewed the
Affidavit of Publication, and I find it sufficient to proceed.
We can move on to Item No. 3. And I will -- before we move
forward, Commissioner Kowal, are you okay with me running the
agenda, or would you like to run the agenda and refer to me for
commentary?
CHAIRMAN KOWAL: I'm perfectly fine with you taking it.
MS. COSBY: Are you sure?
August 19, 2024
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CHAIRMAN KOWAL: Yes.
MS. COSBY: All right.
We're on Item 3. We've already had all of the members
introduce themselves for the record. I will advise that on Page 11 of
your agenda, we have a contact information sheet. If I can get
everybody to just eye that really quickly and advise that your
information is correct or if there's anything that needs correcting.
HOMESTEAD MEMBER EARNEY: It's the same.
HOMESTEAD MEMBER ROSENFELD: Mine is fine.
CHAIRMAN KOWAL: And mine appears to be correct also.
SCHOOL BOARD MEMBER CARTER: Mine's correct.
MS. COSBY: Okay. Thank you very much.
Moving on to Item 3B. We also have here in the room today
our VAB administration, Marty Rustin, and also -- we have, also,
Martha with us from VAB administration today.
Moving on to Item 3C. I would like to make sure that I do what
I need to do to confirm compliance with a few issues, so I will ask
Ms. Earney and Ms. Rosenfeld -- since Mr. Kezeske is not here -- I
want to verify that neither of you are members or employees of any
taxing authority for the current VAB session.
HOMESTEAD MEMBER ROSENFELD: That's true.
HOMESTEAD MEMBER EARNEY: That's true.
MS. COSBY: Okay. They have both confirmed affirmative
that they are not.
And then I would also like to confirm on the record that no VAB
members represent other governmental entities or taxpayers in any
administrative or judicial review of property taxes, and what that
means is I just need to verify all members of the Board do not
represent anybody in a VAB proceeding or in a judicial proceeding
for property values or classifications exemptions.
SCHOOL BOARD MEMBER CARTER: I do not.
August 19, 2024
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CHAIRMAN KOWAL: I do not also.
HOMESTEAD MEMBER ROSENFELD: I do not.
HOMESTEAD MEMBER EARNEY: I do not.
MS. COSBY: We have confirmation in the negative on that as
well. Thank you very much.
Moving on to Item 4. So I will advise for the record that on
page -- starting on Page 14 of your agenda, there is a
memorandum -- or there's a letter from the Department of Revenue
clarifying an issue with regards to the appointment of VAB chair.
Previously, the Value Adjustment Board appointed the chair, and
then the chair appointed a vice chair, and the Department of Revenue
has issued this letter from Leon County's attorney's office from their
inquiry stating that they believe their reading of the statute is that the
Board of County Commissioners should have two members. The
member shall be the chair -- one of those members should the chair
of the VAB, and then the BOCC should be the entity that appoints
that chair.
So we have to shift. Now, we were doing it just fine prior to
this guidance. It was sufficient, but now that we have this guidance,
we need to shift the way we do things. So on, I want to say it was
July 23rd, the Board of County Commissioners did appoint
Commissioner Kowal as chair, so we don't have to do that, but we do
need to look to the chair to appoint a vice chair for the year. So you
can do that without a motion. It's just whoever you want to appoint
as vice chair.
CHAIRMAN KOWAL: It's going to be Commissioner Burt
Saunders.
MS. COSBY: Okay. Thank you very much.
Moving on to Item 5. We need a motion to approve the agenda
for today's meeting.
HOMESTEAD MEMBER ROSENFELD: So moved.
August 19, 2024
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SCHOOL BOARD MEMBER CARTER: Second.
MS. COSBY: Motion and second. All in favor, signify by
saying aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
MS. COSBY: Those opposed?
(No response.)
MS. COSBY: Motion carries.
Sir Chair, do you want to call the motions, or would you like me
to do those as well?
CHAIRMAN KOWAL: I'll call the motions, as practice.
MS. COSBY: Okay, absolutely.
Okay. So we're moving on to Item No. 6, which is a
recommendation reaffirming by Resolution 2024-01 the appointment
of myself as VAB legal counsel for the -- actually, this should say the
tax year 2024. And that would be my firm that represents the VAB,
but I am the only attorney in my firm and the only person that would
do any work on behalf of the VAB.
And for your -- for your review is my contract in the agenda.
That would start on Page 23. It goes to 27; my insurance
certificates, which I've kept current throughout, they start on 28 and
go through 34; and then there's an extension of my contract starting
on Page 35 through 38. So I'm -- this would be my third year of this
contract, but we do need to ratify that by resolution. So we would
need a motion.
CHAIRMAN KOWAL: Okay. I have a recommendation to
reaffirm the Resolution 2024-02 to appointment of the VAB Special
Magistrate. Can I get a --
MS. COSBY: Go back. We're on 6. 2024-01, which would
August 19, 2024
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be ratifying me as counsel first.
CHAIRMAN KOWAL: Uh-oh. I jumped ahead one. Okay.
Same thing except Resolution 2024-01. I need a motion.
HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: Okay. I have a motion and a second.
All in favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
MS. COSBY: Okay. Moving on to Item 7A. That would be
another motion, sir Chair.
CHAIRMAN KOWAL: I have another recommendation to
reaffirm by resolution the 2024-02, appointment of the VAB Special
Magistrate. Do I have a motion?
HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: I have a motion and a second. All in
favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
MS. COSBY: Item 8 would also be a motion.
August 19, 2024
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CHAIRMAN KOWAL: Item 8, approval -- acceptance of the
minutes into the VAB record. I need a motion.
HOMESTEAD MEMBER ROSENFELD: Motion.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: Motion and a second. All in favor,
say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
MS. COSBY: Okay. These are information items so I will get
through those and then turn it back to you, sir Chair, for the next
motion.
Item No. 9, we have the information with regards to the
Department of Revenue training. There's a link there. I will advise
for the record that I have completed the training, and I took the exam.
And I'm sad to report that I got a 99, so I missed one question. It
was toward the end of the 100-question exam, so I will blame it on
exhaustion.
But I have passed the exam. And at this point -- I don't believe
that we've had any magistrates completing that training at this point
yet; however, we will ensure that they complete the training prior to
hearing hearings here in Collier County.
Moving on to Item 10, these are report of general business and
VAB reference materials. So I'll advise that on Page 58 through 60
of your agenda packet, there is a general overview of the Value
Adjustment Board's role in the Florida Property Tax System,
including the process for complaints and the newly adopted
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legislative changes that affect the VAB process -- well, 58 through 60
is actually a document called "The Collier County Value Adjustment
Board general information, Florida's Property Tax System respective
roles within this system, taxpayer opportunities to participate in the
system, and property taxpayer rights," and that's the document that I
provide every year. It gives a good synopsis of the overall process.
Moving on to Item 10B. We have a motion.
CHAIRMAN KOWAL: Item B is a recommendation to adopt
Resolution 2024-03 relating to the adoption of internal operating
procedures to supplement Chapter 12D-9, Florida Administrative
Code. Do I have a motion?
HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: I have a motion and a second. All in
favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
MS. COSBY: Supplementing that resolution, I will advise that
there are two local policies and procedures that are attached. One
has some information with regards to telephonic hearings in Collier
County, and the other item is local operating policies and procedures
with regards to evidence and evidence uploads, and supplementing
that is an e-mail string between my office and the Property Appraiser
Office with regards to the uploading of evidence into the Axia record
by petitioners and taxpayers and their acceptance of that information
as being provided so long as a few -- so long as a few issues are
August 19, 2024
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accounted for.
And they will accept that as provided, but they will not -- they
will not be waiving any other objections to that evidence. There's
many other ways that the Property Appraiser can object to evidence,
but in the -- in the vein of Axia uploading with some qualifications,
they will not object to petitioner evidence uploaded as provided.
And that just aids in the efficiency of the VAB process, and it's
something that I reached out to them last year and the year before and
this year in a timely manner prior to this meeting. So that
correspondence is in your agenda packet if you'd like to review that.
Moving on to Item C1. We need a motion.
CHAIRMAN KOWAL: C1 is a recommendation to designate
legal counsel to determine good cause for late filed petitions and
rescheduled hearings. Do I have a motion?
HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: I have a motion and a second. All in
favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
(No response.)
MS. COSBY: Okay. Moving on to Item C -- 10D, also
another motion.
CHAIRMAN KOWAL: Yes. CD [sic] is a recommendation
to adopt 2024-04 for the VAB petition. The appeal, I guess, carries
a $15 filing fee. Do I have a motion?
August 19, 2024
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HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: I have a motion and a second. All in
favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
MS. COSBY: 10E, another motion.
I will just advise for the record that what 10E -- the exhibits for
10E are the preliminary certifications of the Value Adjustment Board.
There's one for real property and one for tangible property.
CHAIRMAN KOWAL: Okay. It says, "Florida Department
of Revenue Form delta romeo-488P - initial certification of the Value
Adjustment Board." Do I have a motion?
HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: So I have a motion and a second. All
in favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
And a second -- or F requires approval for destruction of VAB
records in accordance with the general records schedule, GS1-SL
August 19, 2024
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2018 VAB tax year records.
HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: So I have a motion and a second all.
All in favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
MS. COSBY: Moving on to 10G, I will advise for the record
that there are several references and resources that must be available.
I will advise that they are available in this room, and they are also on
the Clerk's VAB website, and I do need to read these into the record.
So what we have here in the room and on the Clerk's Value
Adjustment Board website are Florida's Government in Sunshine
Manual, Florida Administrative Code Chapter 12D-9, Florida
Administrative Code Chapter 12D-10, 12D-51.001, 12D-51.002, and
12D-51.003.
We have all the Department of Revenue's Value Adjustment
Board forms, we have the Department of Revenue Uniform Policies
and Procedures Manual and other legal resources and reference
materials, we have information for taxpayers regarding the Florida
Property Tax System and Value Adjustment Board process and a
property brochure, and we have Florida Statutes Chapters 119, 286,
192, 193, 194, 195, and 196. We also have 197.
That concludes 10G.
Moving on to 10H. And this is an item for information. We
do have a budget from 2023 to provide to you as an idea of probably
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what we're going to be looking like for 2024. And I will advise that
in 2022, we had 1,216 petitions filed. In 2023, we had 1,300
petitions filed. So we do have a steady increase in petition filings,
which would definitely show an increase in spending to operate the
VAB.
Does the Board have any questions with regards to any of those
issues?
HOMESTEAD MEMBER ROSENFELD: Of those 1300
petitions, do you know offhand how many actually go to an actual
appeal or --
MS. COSBY: The hearings?
HOMESTEAD MEMBER ROSENFELD: Yeah, the hearings.
MS. COSBY: That's a good question.
MR. RUSTIN: Three hundred.
MS. COSBY: Three hundred?
MR. RUSTIN: Three hundred petitions.
HOMESTEAD MEMBER ROSENFELD: I was just curious.
MS. COSBY: Approximately 300. I can give you an exact
number --
HOMESTEAD MEMBER ROSENFELD: No, that's okay. I
was just trying to get an idea of what it is. Thanks.
MS. COSBY: Okay. The Property Appraiser does a good job
of trying to resolve a lot of them --
(Simultaneous crosstalk.)
MS. COSBY: -- prior to hearing.
Okay. Does the Board have any other questions with regards to
anything that we've discussed so far?
CHAIRMAN KOWAL: No.
MS. COSBY: Moving on to 11A, we will advise -- we learned
this this morning that, indeed, the TRIM notices will be mailed this
afternoon per Property Appraiser staff, which makes the deadline for
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filing petitions with the VAB Friday, September 13th by 5 p.m.
In your packet, there is a proposed hearing schedule. That
would start on Page 9. And we will most likely be holding hearings
from October -- if our session this year looks like it did last year,
we'll be holding hearings from October through February, with
March -- and more dates in March, if necessary.
Item 11D, we do have proposed final meeting dates for the
2024. We missed this everywhere. I'm so sorry about that -- for the
2024 year. We have March 14th, 17th, and 28th. I know that's very
far in advance. So more than likely, what we will do is reach
out -- unless you want to look at your calendars now and pick a date.
Do you want them to do that, pick a date?
MS. VERGARA: Okay.
MS. COSBY: If you want to look at your calendars now and
pick one of those dates, we can, or if you would rather that
administration reach out to you when things get closer, we could do
that as well.
CHAIRMAN KOWAL: What would you guys like to do?
SCHOOL BOARD MEMBER CARTER: The 17th is usually
better for me, but I can make any date happen. It's early enough.
HOMESTEAD MEMBER EARNEY: Right. That's the way I
feel.
HOMESTEAD MEMBER ROSENFELD: That's a Monday?
HOMESTEAD MEMBER EARNEY: Pick a date.
SCHOOL BOARD MEMBER CARTER: Yeah, that would be
a Monday.
MS. COSBY: The 17th?
SCHOOL BOARD MEMBER CARTER: Yeah.
MS. COSBY: That would be the best date for everybody. Can
I get a second preference?
SCHOOL BOARD MEMBER CARTER: You've got to scroll
August 19, 2024
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through to get to it.
CHAIRMAN KOWAL: 14th, 17th. Is the 17th --
SCHOOL BOARD MEMBER CARTER: Is that good?
CHAIRMAN KOWAL: I don't know. March, it says it's a
Tuesday. Are you sure?
MS. COSBY: Are you looking at 2025?
CHAIRMAN KOWAL: Yeah. Oh. Oh, my God. I went all
the way to '26.
SCHOOL BOARD MEMBER CARTER: You scrolled too
much.
CHAIRMAN KOWAL: I scrolled too much.
Yeah, Monday, that seems fine, the 17th, if that's all right with
the rest of you.
MS. COSBY: Do we have a second date that would work for
everybody in case -- is there, like, a preference on a second date of
those listed? The 14th and the 28th would both be Fridays. I feel
like one of those is going to be a spring break day.
SCHOOL BOARD MEMBER CARTER: Oh. I don't have
that calendar in front of me.
MS. COSBY: Okay.
SCHOOL BOARD MEMBER CARTER: Well, if the 17th is a
spring break, then the 21st would be --
MS. COSBY: The 21st, I think, was not a date that was
available for --
SCHOOL BOARD MEMBER CARTER: It was the 28th. So
I think probably the 28th, that definitely wouldn't be spring break.
That would be too late into March, in my view. So do you want to
use the 28th as an alternative?
MS. COSBY: Sure.
CHAIRMAN KOWAL: Sure.
MS. COSBY: We'll have the 17th as the preference with the
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28th is the second date.
CHAIRMAN KOWAL: You know the 17th is St. Patrick's
Day, correct?
SCHOOL BOARD MEMBER CARTER: Oh, that's right. I
forgot about that. We'd all have to wear green, wouldn't we?
HOMESTEAD MEMBER ROSENFELD: Green beer.
Nine a.m.
CHAIRMAN KOWAL: So 17th is the date, and the alternate's
going to be the 28th, I guess.
MS. COSBY: Right.
SCHOOL BOARD MEMBER CARTER: That sounds good.
CHAIRMAN KOWAL: Let Burt know.
MS. COSBY: Moving on to Item 12A. 12A is an e-mail
string between my office and VAB administration. I need to advise
what we have discussed, and we need a motion from the Board on
this item.
CHAIRMAN KOWAL: Yes.
MS. COSBY: So what has happened is it is brought to our
attention that advertising in the paper has become very expensive,
and the Value Adjustment Board administration was very interested
in saving revenue where they can, which I support wholeheartedly.
So after a full discussion, my research into the law, confirmation
from a VAB administration that actually the Clerk's Office has all of
this already covered, they would like to move to electronic
advertising for the meeting.
There are some -- there are some qualifications for that. There
are some things that they will have to do. They still will have to
advertise one time in the paper per year. There's some mailing
requirements, if requested. But for the most part, this process will
save -- they believe will save money and is very efficient.
And so they would like to move -- I've researched it, and I find
August 19, 2024
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that what they're looking to do will be compliant with law. And the
Clerk, again, already has a lot in place with regards to this. So they
will simply be -- they will simply be using the Clerk's resources and
the Clerk's website, which is where the VAB's website is anyway.
But we need to make sure that the Board knows this and that you
approve of this shift in process.
CHAIRMAN KOWAL: Okay. So Item 12A is advise the
Board of the change in advertising method fully online in compliance
with Chapter 50, Florida Statute. I need a motion.
HOMESTEAD MEMBER ROSENFELD: So moved.
SCHOOL BOARD MEMBER CARTER: Second.
CHAIRMAN KOWAL: I have a motion and a second. All in
favor, say aye.
HOMESTEAD MEMBER ROSENFELD: Aye.
HOMESTEAD MEMBER EARNEY: Aye.
CHAIRMAN KOWAL: Aye.
SCHOOL BOARD MEMBER CARTER: Aye.
CHAIRMAN KOWAL: All opposed, say no?
(No response.)
CHAIRMAN KOWAL: The ayes have it.
MS. COSBY: Thank you.
Moving on to Item 12B. This is a legislative update.
Department of Revenue has issued 19 different Florida property tax
bulletins on several law changes. I will advise that none of these
have to do with the makeup of the Board or the meetings that we
hold. This is more what the magistrates must apply when they're
holding hearings. But it's my job to -- my duty to advise you of all
the law changes. And what I did, because there were so many, was I
created a synopsis page. So on Page 99 is an outline of all of the
bulletins and their headline and then a -- just a brief synopsis of what
each of those bulletins cover.
August 19, 2024
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And so if you have any questions on any of those -- of course
today you're getting sort of hit with it cold. If you see any of this
after the meeting and you have any questions, you certainly can reach
out to my office, and I can explain further. But all of the bulletins
are also included in your agenda packet, and the pertinent part that I
felt like would draw your eye to, really, the meat of each of those
bulletins is highlighted in yellow. So I can scroll down and show
you.
Unfortunately, for some reason, the highlighting is not opaque,
so it made the text behind it opaque. But each one of them -- you
can still see what the text says. Each one of them you'll see has a
highlighting of giving you a -- drawing your eye to what the main
idea is for each of the bulletins.
CHAIRMAN KOWAL: Now, is this -- I've got a question. Is
this part of, like, an in-service to the magistrates, or is this part of
the -- this has nothing to do with the training you've already
completed?
MS. COSBY: Actually, all of this is in the training.
CHAIRMAN KOWAL: So it is that particular training we
talked about earlier?
MS. COSBY: Yes, sir. They update the training every year
with whatever law changes there are, so all of this is in the training as
well.
CHAIRMAN KOWAL: Okay.
MS. COSBY: So the magistrates will receive this, but they also
receive all of the bulletins.
CHAIRMAN KOWAL: All right.
HOMESTEAD MEMBER ROSENFELD: I think -- don't we
get the bulletins, too, as they come out?
MS. COSBY: I hope so.
HOMESTEAD MEMBER ROSENFELD: I'm pretty sure we
August 19, 2024
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do. Not that I look at them in detail, but I do see them come by.
MS. COSBY: And anytime you have any questions, I'm always
available.
CHAIRMAN KOWAL: Yeah.
MS. COSBY: Does the Board have any questions with regards
to this issue at this time?
CHAIRMAN KOWAL: We're good.
MS. COSBY: Okay. Thank you.
Moving on to the last item of the agenda before public comment.
I have a few items that I need to make sure that I state on the record
to keep our VAB in compliance, and I will show you on Page 125 of
your agenda packet. It starts with this compliance checklist that I
have created. There it is.
And so there are a number of items I can complete prior to the
meeting. Those are all things that we do to coordinate this meeting,
and then there are a few items that, even though we've gone through
the entire agenda, are still not in the verbatim, so I would like to
make sure to capture those now. And I will go quickly but slowly
for our court reporter.
I will advise for the record that the Value Adjustment Board is
willing to consider any written complaint filed with respect to a
Special Magistrate by any party or citizen.
I will advise for the record that all procedures and forms of the
Board or Special Magistrates are in compliance with Florida
Statute 194 and Florida Administrative Code 12D-9.
I'll advise for the record that the Value Adjustment Board local
procedures are ministerial in nature and are not inconsistent with
governing statutes, case law, Attorney General Opinions, or rules of
the Department of Revenue.
And I will advise for the record that there are two items that
cannot be completed at this time and the reason for that is because the
August 19, 2024
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first one is that Value Adjustment Board magistrates have received
the Department of Revenue training and have completed any
corresponding exam if they are required to do so. And the reason
that that is not completed at this point is because while we are
looking for them to complete that training, it is most reasonable to
expect that they complete the training prior to holding hearings in
Collier County, and hearings aren't scheduled until October. So they
realistically have until October to complete the training.
But, again, as I advised earlier in the meeting, we will make sure
that the magistrates complete the training prior to holding hearings
here in Collier County.
The other item that has not been completed and cannot
completed -- cannot be completed is the notices, pursuant to Florida
Statute 193.116, have been given to chief executive officers of each
municipality. The reason that that has not been done is because
hearings have not been scheduled yet. But once hearings are
scheduled, if there are any petitions that are filed with regards to
property that falls within any municipality in Collier County, we are
required to also provide the notices for those hearings to the chief
executive officers.
So VAB administration ensures that that's done throughout the
process. When we culminate our 2024 session during the final
meeting, I will make sure to bring this checklist back to confirm to
the VAB that that item has been completed as well.
And that concludes my presentation for Item 12C unless the
Value Adjustment Board has any questions for me.
HOMESTEAD MEMBER EARNEY: I do, Ms. Cosby.
MS. COSBY: Yes, ma'am.
HOMESTEAD MEMBER EARNEY: I was just wondering, is
it going to be online? I can see in the packet that there are -- the
tentative dates are scheduled, but do they all get filled, all of those
August 19, 2024
Page 20
dates?
MS. COSBY: The hearings?
HOMESTEAD MEMBER EARNEY: Yes.
MS. COSBY: Yes. They try their best. You know, it's based
on Special Magistrate availability and when the petitioners are
available. But we hope that those get filled, and I believe they
update that schedule, yes, ma'am.
HOMESTEAD MEMBER EARNEY: It's on the VAB site?
MS. COSBY: Yes, ma'am.
HOMESTEAD MEMBER EARNEY: Okay. Thank you.
MS. COSBY: Does the VAB have any other questions?
CHAIRMAN KOWAL: Any other questions?
SCHOOL BOARD MEMBER CARTER: No.
MS. COSBY: I will turn it over to the Chair for Item 13.
CHAIRMAN KOWAL: Do we have any public comments?
(No response.)
CHAIRMAN KOWAL: No.
SCHOOL BOARD MEMBER CARTER: Nobody rush at
once.
CHAIRMAN KOWAL: Nobody on the Zoom or anything that
we don't know about?
(No response.)
CHAIRMAN KOWAL: All right. Well, I guess we don't have
any public comments. I guess -- anybody have any other comments
they'd like to make from the Board?
HOMESTEAD MEMBER ROSENFELD: Just thanks again
for the efficiency behind the scenes to make this go along smoothly.
MS. COSBY: And we appreciate your being here today
because we can't do this without you.
CHAIRMAN KOWAL: I'd like to thank you because I think
we did a good thing there, you know, the tag team thing on this, so...
August 19, 2024
Page 21
MS. COSBY: It's my pleasure.
CHAIRMAN KOWAL: That's all. I'm calling this meeting to
adjourn.
SCHOOL BOARD MEMBER CARTER: Okay. Sound good.
CHAIRMAN KOWAL: Twenty-eight minutes.
*******
August 19, 2024
Page 22
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:28 a.m.
___________________________________
DAN KOWAL, VAB CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
These minutes accepted by the Board on ____________, as presented
______________ or as corrected _____________.
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING SERVICES, INC., BY TERRI L. LEWIS,
RPR, FPR, NOTARY PUBLIC/COURT REPORTER.