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HomeMy WebLinkAbout03/02/2007 (2)L 2006 VALUE ADJUSTMENT BOARD (VAB) MINUTES OF MARCH 6, 2007 CONTINUATION OF MEETING OF MARCH 2, 2007 The Value Adjustment Board of Indian River County, Florida, met in regular session Tuesday, March 6, 2007 at 8:30 a.m. in Conference Room "B", County Administration Building, 1840 25th Street, Vero Beach, Fl. 32960. Present were Value Adjustment Board Chairman Gary C. Wheeler, Vice Chairman Wesley S. Davis, Board Members Peter D. O'Bryan, and Debbie MacKay ( Karen Disney-Brombach was absent). Also present were Value Adjustment Board Attorney William "Bill" DeBraal, Property Appraiser David Nolte, and Value Adjustment Board Clerk Maria I. Suesz. 1. Petitioner 2006-0504 — Dennis & Charlene Zarzycki — requesting to address the Board. (Clerk's Note: Dennis and Charlene Zarzycki verbally requested that the Board review the property appraiser's evidence used to determine the assessed value on their property, because they believe there is an error. This item was heard following Item 4. See Item 5 for discussion.) 2. Call to Order Chairman Wheeler called the meeting to order at 8:30 a.m. 3. Invocation — Board Member O'Bryan 4. Pledge of Allegiance — Board Member Debbie MacKay 5. Approval of Special Magistrates' Recommendations of 2006 Value Adjustment Board Hearings Charlene Zarzycki handed out evidence that was presented by the Property Appraiser at her VAB hearing on December 14, 2007 with the Special Magistrate. She was appealing the assessed value on her property for 2006 taxes, and the Special Magistrate recommendation was the Board deny relief for failure to "overcome the presumption of correctness" of the property appraiser (see worksheet attached). She wanted the Board to review the property appraiser's evidence, because she believed there was an error made. Property Appraiser David Nolte explained that Mrs. Zarzycki wanted a rehearing, and he thought if the Board rehears her petition, then they need to notify all petitioners that they have the right to a second hearing. Discussion ensued regarding the VAB rules and procedures, and the Board asked for legal advice. Attorney DeBraal advised the Board that they have the right to hear what Mrs. 2006 Continuation of Final VAB Meeting March 6, 2007 - 1 L Zarzycki had to say and also what Mr. Nolte had to say, and they have the right to make a decision, one way or the other. He advised Mr. Nolte that he could make the same request as Mrs. Zarzycki, or appeal in circuit court. He also explained the rules of evidence under the VAB process. Chairman Wheeler asked Mrs Zarzycki to continue. Mrs. Zarzycki argued that her property was erroneously assessed. She gave her analysis of the four properties presented in the Property Appraiser's evidence at her hearing, and after breaking it down to what the County charges per house and per acre, she said that she was being unjustly charged. Discussion ensued and the Board asked questions of the Property Appraiser to obtain a better understanding of the appraisal process. Chairman Wheeler wanted to make certain that the evidence they were looking at had been presented to the Special Magistrate. Mrs. Zryzycki responded that it was presented at the hearing, but it was the first time that she saw it, and she explained that she did not have enough time to absorb it in its entirety during the hearing. She continued her argument that she could not understand how the values are inconsistent. Mr. Nolte wanted it noted for the record that when he asked Mrs. Zarzycki what she estimated the value of her property to be, she said she did not know. Discussion ensued among the Commissioners regarding this situation. Chairman Wheeler felt he did not have enough information to make a decision and he gave the Board two choices: they could uphold this recommendation and Mrs. Zarzycki could take it to Circuit Court, or they could call another meeting on another day. ON MOTION by Board Member O'Bryan, SECONDED by Board Member Davis, by a 4-0 vote (Board Member Karen Disney-Brombach absent), the Board accepted the recommendations of the Special Magistrate for the 2006 Value Adjustment Board hearings, with the exception of the Zarzycki parcel which would come back to the Board for further review. 5. Public Input None. 2006 Continuation of Final VAB Meeting March 6, 2007 - 2 `,.. 6. Adjournment L cr. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 8:56 a.m. ATTEST: J. K. Barton, Clerk By: Maria I. Suesz, Deput Jerk Gary . Wheeler, Chairman Approved: �'' a� - 06 2006 Continuation of Final VAB Meeting March 6, 2007 3