01/08/2014 VAB - Laserfiche WebLink

Home Browse Search

Property Appraiser David Nolte commented on bee operators in Indian River that have been here forever, stating that they get Ag exemption only on the land where the bee hives are, not on the whole property. VAB Attorney Hancock interjected to remind the Board that the rules also provide that the Property Appraiser or the Property Owner is not permitted during the final meeting to re- argue a position that was before the Special Magistrate; plus, it is an ex parte communication. Mr. Nolte commented that he did not know that this was mentioned before at the hearing. Citizen Member Heckman felt that the Internal Revenue Service would scrutinize this operation, and it seemed to him that someone else needs to investigate it further to determine whether or not this is for profit, or if it is really pushing the tax angle, as opposed to the Ag angle. He asked whether the Board has the right to try to stop that now, when it is only a few properties, before it becomes thirty or forty properties. VAB Attorney Hancock reiterated the Board's position to determine whether the Petitioner is entitled to an exemption or not, based on review of the Special Magistrate's decision. If there are any policy or law changes, the Property Appraiser or the Property Owner is to go to the Florida Legislature or court, and have the court interpret the law. Discussion continued between Property Appraiser Nolte and VAB Attorney Hancock regarding the Special Magistrate's conclusions of law and DOR rules. Vice Chairman O'Bryan argued his point of the illegal use of the zoning requirements of the City of Vero Beach. MOTION WAS MADE by Vice Chairman O'Bryan, SECONDED by Citizen Member Heckman, to not accept the Special Magistrate's recommended decision for Petitions 2013- 005 and 2013-006, based on the conflict of the zoning allowances within the City of Vero Beach. 6