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5. APPROVE RENEWAL OF THE AGREEMENT BETWEEN INDIAN RIVER <br />COUNTY VALUE ADJUSTMENT BOARD AND MICHELLE NAPIER FOR <br />LEGAL SERVICES, PURSUANT TO DOR RULE 12D-9.013(1) (C). <br />A. Attorney Contract.................................................................................................1-4 <br />Chairman Flescher stated that it was imperative as a best practice and policy of the <br />County that every five (5) years County Departments should go through a Request <br />for Proposal or Request for Qualifications (RFQ). He proposed a less formal process <br />than a RFQ, to advertise and allow the opportunity for qualified Attorneys to apply <br />for VAB Counsel as a best practice and policy of the County and the due diligence of <br />the Board. He emphasized the current counsel would not be precluded from applying <br />for continued service. He proposed extending the existing attorney contract for three <br />months as the VAB goes through the search process. <br />A discussion followed on the attorney contract with both Commissioner Earman and <br />Vice Chairman Heckman in agreement that it was in the best interest and due <br />diligence of the VAB. <br />ON MOTION by Commissioner Earman, SECONDED by School Board Member Dr. <br />Jones, the Board unanimously approved 1) extending the Value Adjustment Board <br />Attorney Contract through August 25, 2021; 2) to advertise for Legal Counsel as a <br />best practice and policy of the County and allow the opportunity for qualified <br />Attorneys to apply for VAB Counsel; and 3) bring back to the Board qualified <br />applicants for review. <br />6. APPROVE AND ADOPT THE SECOND SPECIAL MAGISTRATE' <br />RECOMMENDATION AS THE VALUE ADJUSTMENT BOARD'S DECISION <br />AND AUTHORIZE DISTRIBUTION OF FORM DR485V, PURSUANT TO <br />SECTION 194.032, F.S. <br />A. Special Magistrate Recommendation for Petition 2020-019 ............................5-11 <br />Attorney Michelle Napier referred to her email dated May 26, 2021, that provided <br />the Board with guidance concerning the rehearing request for Petition 2020-019. <br />Attorney Napier added that she had the opportunity to review and research the <br />concerns that were raised by the Petitioner for 2020-019 after the April 8, 2021 Final <br />Meeting. <br />A discussion followed with Commissioner Earman appreciative of the detailed email. <br />Attorney Napier further detailed the petitioner's objection to a rehearing and pointed <br />out that the percentage reduction appeared to be the main reason for the Board's <br />decision to proceed with a second hearing. She expressed concern with the due <br />process issue that required a 25 -day advance hearing notice and certifying the tax roll <br />by the Florida Department of Revenue's June 1St deadline. She added the Board must <br />Value Adjustment Board Final Meeting Minutes - 2020 Tax Year Page 2 <br />May 26, 2021 <br />