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HomeMy WebLinkAbout03/08/2006 INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD MARCH 8, 2006, 9:00 A.M., COMMISSION CHAMBERS The Indian River County Value Adjustment Board met in the Commission Chambers at the County Administration Building, 1840 25th Street, Vero Beach, Florida, on Wednesday, March 8, 2006, at 9:00 a.m. Present were Chairman and County Commissioner Wesley S. Davis, Vice Chairman, Commissioner Gary C. Wheeler, Commissioner Thomas S. Lowther, and School Board Members Ann Reuter, District 4 and Lenora Quimby, District 2. Also present were Assistant County Attorney William K. "Bill" DeBraal; Property Appraiser David Nolte; his Attorney Canda Brown; and from the Property Appraiser's office Chiefs Mickey Umphrey and Bruce Goodwyn; Appraisers Sharon Hammond and Becky Moon; Director of Assessment Control Leroy Kelly, and Clerk of the Value Adjustment Board Maria I. Suesz. CALL TO ORDER Chairman Davis called the meeting to order at 9:00 a.m. He asked that the Pledge of Allegiance and Invocation be added to future agendas. PLEDGE OF ALLEGIANCE Chairman Davis led the Pledge of Allegiance. INVOCATION Chairman Davis gave the Invocation. 1. ADDED ITEM: REQUEST TO SPEAK BY WENDY YOUNG, PETITIONER Chairman Davis asked for information from Assistant County Attorney Wm. "Bill" K. DeBraal regarding actions allowed by the Board regarding this petitioner. Assistant County Attorney Debraal advised the Chairman that they have the option of accepting the recommendation from the Special Magistrate, or continuing the hearing for Ms. Young. Another Special Magistrate would be hired to hear her appeal and make a second recommendation to the Board. In his opinion, the Board hired a Special Magistrate to hear her appeal, and Ms. Young had the opportunity to present her argument at that time. He provided the Board some details regarding this issue and informed them if they accept the Special Magistrate's recommendation, then Ms. Young may take her appeal to circuit court. Lee Dougherty, Esq. of the office of Steve Lauer, P.A., 3426 Ocean Drive, Vero Beach, spoke on behalf of Wendy Young. His intent was not to argue the appeal, but to request a second hearing. He recapped the issue of this appeal, which was whether Ms. Young rented her entire property during two times in question, October 2004 and February 2005. Since Ms. Young's hearing she has submitted affidavits from the parties who rented her home, who stated she did not lease out her entire home. Attorney Dougherty urged the Board not to accept the decision of the Special Magistrate and requested a second hearing. School Board Member Ann Reuter recused herself from voting because of her personal relationship with Wendy Young. Value Adjustment Board - 1 - Meeting of 03082006 Appraiser Sharon Hammond posed several questions to Mr. Dougherty regarding the availability of the first lease when Ms. Young rented her home in October 2004. Mr. Dougherty stated that lease is not available, and this is why Ms. Young presented affidavits from the parties involved with that lease. Property Appraiser David Nolte related that Ms. Young admitted at her hearing that she used the same lease for both rental periods without anything being reserved. He advised the Board that this is not a hearing today, but if Ms. Young is granted exemption, he would take it to court. School District Member Lenora Quimby questioned why the correct lease was not presented at the hearing, and why the correct information was not being presented at the current meeting. Discussion continued and Mr. Dougherty argued that the Special Magistrate made the wrong decision. Mr. David Nolte defended Special Magistrate Julie Zahniser saying, "not only is she an attorney, but she is an expert in ad valorem matters." He felt her words carry the same weight as Mr. Dougherty's. Director of Assessment Control Leroy Kelly explained how he visited the property and acquired the lease from Ms. Young's tenant, who said she was not the first tenant, and that the same lease was used by the first tenant and only the signatures were crossed out. The tenant stated Ms. Young did not have the right to go in and out of the home freely. Another issue was Ms. Young abandoned the property. When Mr. Kelly spoke to Ms. Young, she was in Texas. If she had remained in the house and rented a couple rooms to someone in need of help, there would be no issue. MOTION WAS MADE by Commissioner Lowther, SECONDED by School Board Member Quimby, to deny Wendy Young's request for a second hearing with the Value Adjustment Board, and to advise Ms. Young of her right to take her appeal to Civil Court. Discussion ensued and Vice Chairman Wheeler asked for a better understanding of what would happen by the Board's action. Wendy Young pleaded to the Board not to reward Mr. Nolte's office by making her pay to go to court. Chairman Davis responded that he could not say he was rewarding Mr. Nolte's office by this action,but he believed this was the fasted way to get this resolved. L Value Adjustment Board - 2 - Meeting of 03082006 The Chairman CALLED THE QUESTION, and the motion passed, 4-0, (School District Member Ms. Reuter recused). The Board denied Wendy Young's request for a second hearing, and advised her that she has the right to appeal to the 19th Judicial Circuit Court. 2. APPROVAL OF VALUE ADJUSTMENT BOARD MINUTES MEETING OF JULY 28, 2005 ON MOTION by Commissioner Lowther, SECONDED by Vice Chairman Wheeler, by a 4-1 vote, the Board approved the minutes of the Value Adjustment Board held July 28, 2005. 3. APPROVAL OF SPECIAL MAGISTRATES' RECOMMENDATIONS OF 2005 VALUE ADJUSTMENT BOARD HEARINGS MOTION WAS MADE by Commissioner Lowther, SECONDED by Vice Chairman Wheeler, to approve the Special Magistrates' recommendations. Mr. Nolte pointed out that the Special Magistrate, reasons unknown to him, reduced the value of two petitions, V-421 and V-422 (CVS properties) granting the petitioner relief. One property, sold in April 2004 for$3,200,000. The Special Magistrate reduced the value to $2,100,000, 55% of the purchase price. Attorney DeBraal clarified Mr. John Robinson, MAI, was the name of the Special Magistrate that Mr. Nolte was referring to. Chairman Davis asked Mr. Nolte what his recommendation was to the Board. Attorney Debraal asked the Chairman if they are rehearing these petitions because that is what it sounded like to him. Mr. Nolte continued stating the other property sold for $4,700,000 and the Special Magistrate reduced the value to $3,400,000. He recommended the Board overturn the recommendation of the Special Magistrate for petitions V-421 and V-422, because in his opinion the Special Magistrate was not in keeping with good appraisal practice. Discussion continued and Vice Chairman Wheeler sought further clarification. The Board learned from Mr. Nolte that it was his observation that the Special Magistrate broke all the rules of being a certified appraiser. The petitioner's representative did not say what value she wanted, so the Special Magistrate had to do his own appraisal and he did not visit the property or do a full appraisal report to come up with a value, which is a total violation of appraisal ethics. Mr. Nolte said he was considering turning the Special Magistrate in to the State to try to get his license revoked, or the MAI Association because he felt what the Special Magistrate did was totally Value Adjustment Board - 3 - Meeting of 03082006 unprofessional. If the Board did not overturn the decision of the Special Magistrate then the he would have to take it to court. MOTION WAS WITHDRAWN by the mover and the seconder. MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by School Board Member Quimby, to approve the Special Magistrates' recommendations with the exception of V-421 and V-422. Attorney DeBraal pointed out that the Board just decided not to rehear a petition, and now they are going on Mr. Nolte's word alone, to upset what the Special Magistrate decided. His advised the Board that they hired the Special Magistrates to do a job, and they did the job. He counseled for this Board to sit as a Monday morning quarterback would be totally in error." Vice Chairman Wheeler said they did listen to Ms. Young's presentation and he did not feel there was enough evidence there to overturn that decision. Based on what Mr. Nolte said, who is the Property Appraiser, these are two separate cases, two separate circumstances, and the property sold for more than what it was appraised for. To then reduce the appraised value did not make sense. He said his motion stands. The Chairman CALLED THE QUESTION and the motion carried, 3-2 (Commissioner Lowther and Chairman Davis opposed). The Board approved the Special Magistrates' recommendations excluding V- 421 and V-422. 4. APPROVAL OF VALUE ADJUSTMENT BOARD RESOLUTION 2006-01 - SETTING THE FILING FEE TO BE PAID TO THE CLERK OF THE VALUE ADJUSTMENT BOARD FOR 2006. ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Lowther, the Board unanimously adopted the Value Adjustment Board Resolution 2006-01, setting the filing fee to be paid to the Clerk of the Value Adjustment Board. L Value Adjustment Board -4 - Meeting of 03082006 5. AUTHORIZE PUBLICATION OF ADVERTISEMENT FOR SPECIAL MAGISTRATES FOR 2006 VALUE ADJUSTMENT BOARD HEARINGS ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Lowther, the Board unanimously authorized publication of advertisement for Special Magistrates to hear 2006 Value Adjustment Board Hearings. 6. ADDITIONAL INFORMATION a. Special Magistrates' invoices for 2005 VAB Hearings John A. Robinson, MAI, CCIM - $7,823.15 Julie A. Zahniser, P.A. —$ 5,749.50 b. School Board Appointments to VAB for 2006 Mrs. Ann Reuter and Lenora Quimby, Members William D. Hughes and Mrs. Kathryn A. Wilson, Alternates 7. ADJOURNMENT The meeting adjourned at 10:07 a.m. ATTEST: J. K. Barton, Clerk By: 'a' Maria I. Suesz, Deputy lerk esley S. Davis, Chairman L Value Adjustment Board - 5 - Meeting of 03082006