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Home My WebLink About05/29/2013JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1995 Item 4 Fax: (772) 978-1857 E-mail: Axia@indian-river.org Web address: http://Clerk.indian-river.org VALUE ADJUSTMENT BOARD (VAB) 2013 ORGANIZATIONAL MEETING MINUTES May 29, 2013 The Value Adjustment Board (VAB) of Indian River County, Florida, met in Building A, Room 102, at the County Administration Building, 1801 27th Street, Vero Beach, Florida, on Wednesday, May 29, 2013, at 8:00 a.m. Present were Commissioners Wesley Davis and Peter O'Bryan, School Board Member Carol Johnson, and Citizen Members Todd Heckman and Duane M. Weise, VAB Attorney David Hancock and VAB Board Clerk Maria Suesz. Also present from the Clerk's Office were Director Courthouse Operations Cindy Carlsward; from the Property Appraiser's Office, Property Appraiser David Nolte, Assessment Control Clerks Janine Hicks and Helen "Sissy" Long, and from the public, a Charter High School Student. 1. CALL TO ORDER Commissioner Wesley S. Davis called the meeting to order at 8:00 a.m. 2. INVOCATION — Commissioner Wesley S. Davis Commissioner Wesley S. Davis delivered the Invocation. 3. PLEDGE OF ALLEGIANCE — Citizen Member Duane M. Weise Citizen Member Duane M. Weise led the Pledge of Allegiance to the Flag. 1 Value Adjustment Board Organizational meeting of May 29, 2013 L Item 4 4. INTRODUCTIONS & CONTACT INFORMATION A. Introduction by Newly Appointed School Board Member Todd Heckman Commissioner Davis introduced Mr. Heckman as the newly appointed member by the School Board, as Business Citizen Member to the Value Adjustment Board, replacing Rose Spytek. 5. ELECT CHAIRMAN AND VICE CHAIRMAN - Pursuant to F.S. 194.015 The Chairman Shall Be a Board of County Commission Member Commissioner Davis opened the floor for nominations for Chairman. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by School Board Member Carol Johnson, to nominate Commissioner Wesley S. Davis as Chairman. There were no other nominations. Commissioner Davis CALLED FOR a VOTE on the nomination for Commissioner Wesley S. Davis as Chairman and the Motion carried unanimously. The Board accepted the nomination appointing Commissioner Wesley S. Davis, as Chairman of the Value Adjustment Board for the Tax Year 2013. Chairman Davis opened the floor for nominations for Vice Chairman. MOTION WAS MADE by Citizen Member Duane Weise, SECONDED by School Board Member Value Adjustment Board Organizational meeting of May 29, 2013 2 Item 4 Johnson, nominating Commissioner Peter D. O'Bryan for Vice Chairman. There were no other nominations. Chairman Davis CALLED FOR A VOTE on the nomination for Commissioner Peter O'Bryan as Vice Chairman, and the Motion carried unanimously. The Board accepted the nomination and appointed Commissioner Peter D. O'Bryan as Vice Chairman of the Value Adjustment Board for the Tax Year 2013. 6. APPROVE RENEWAL OF VAB ATTORNEY CONTRACT, Pursuant to DOR Rule 12D-9.013(1) (C) A. VAB Attorney Rate Survey by County B. VAB Attorney Proposed Renewal Agreement Attorney David Hancock presented this item, seeking approval of the one-year renewal Agreement commencing on August 4, 2013. MOTION WAS MADE by School Board Member Johnson, SECONDED by Citizen Member Heckman, to approve the proposed one-year renewal agreement of the VAB Attorney Contract with David Hancock, Esq., pursuant to DOR Rule 12D -9.013(1)(C), as presented and written. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 3 Value Adjustment Board Organizational meeting of May 29, 2013 Item 4 7. APPROVE THE FINAL MEETING MINUTES OF JANUARY 9, 2013 FOR THE VAB 2012 TAX YEAR ON MOTION by School Board Member Johnson, SECONDED by Vice Chairman O'Bryan, the Board unanimously approved the VAB Final Meeting Minutes of January 9, 2013. 8. APPROVE RESOLUTION SETTING THE FILING FEES FOR THE 2013 PETITION FILING PERIOD PURSUANT TO F.S. 194.013 ON MOTION by Vice Chairman O'Bryan, SECONDED by Citizen Member Weise, the Board unanimously approved Value Adjustment Board Resolution 2013-01, setting the filing fees for the 2013 petition filing period, as presented and pursuant to F.S. 194.013. 9. APPOINT ONE ATTORNEY APPLICANT TO SERVE AS SPECIAL MAGISTRATE FOR EXEMPTION/CLASSIFICATION/TAX DEFERRAL HEARINGS, AND ONE ATTORNEY APPLICANT AS AN ALTERNATE - PURSUANT TO F.S. 194.035 A. 2013 Special Magistrate applicant List B. Standford P. Birnholz, Esq. C. Joseph Haynes Davis, Esq. D. Rinky A. Parwani, Esq. VAB Attorney Hancock announced to the Board that all the Special Magistrate applicants met the minimum requirements established by the Department of Revenue and the Florida Statutes. 4 Value Adjustment Board Organizational meeting of May 29, 2013 c Item 4 ON MOTION by School Board Member Johnson, SECONDED by Vice Chairman O'Bryan, the Board unanimously approved the appointment of Rinky Parwani, Esq., as the Attorney Special Magistrate for exemption, classification, and tax deferral hearings for the VAB 2013 tax year. ON MOTION by Citizen Member Weise, SECONDED by School Board Member Johnson, the Board approved the appointment of applicant Joseph Haynes Davis, Esq., as Alternate Attorney Special Magistrate for the VAB 2013 tax year. 10. SET THE RATE OF PAY FOR ATTORNEY SPECIAL MAGISTRATES Previous year's rate of pay for Attorney Special Magistrates was $125.00. A. 2012 Survey of Appraisers and Attorney Special Magistrates' Rates of Pay ON MOTION by Vice Chairman O'Bryan, SECONDED by Citizen Member Heckman, the Board unanimously approved a rate of pay not to exceed $125.00 per hour, to be paid to the Attorney Special Magistrates for the VAB 2013 tax year. 11. APPOINT TWO APPRAISER APPLICANTS TO SERVE AS SPECIAL MAGISTRATE FOR REAL PROPERTY VALUATION — Pursuant To F.S. 194.035 • James S. Elam, MAI Value Adjustment Board Organizational meeting of May 29, 2013 5 L Item 4 • Stephen G. Neill, MAI ON MOTION by Vice Chairman O'Bryan, SECONDED by Chairman Davis, the Board unanimously appointed James S. Elam, MAI, and Stephen G. Neill, MAI as Appraiser Special Magistrates for the VAB 2013 tax year. 12. SET THE RATE OF PAY FOR APPRAISER SPECIAL MAGISTRATES Previous rate for past five years has been $105.00 per hour. ON MOTION by Vice Chairman O'Bryan, SECONDED by Chairman Davis, the Board unanimously approved the rate of pay not to exceed $105.00 per hour for all Appraiser Special Magistrates for the VAB 2013 tax year. 13. APPOINT ONE APPRAISER APPLICANT TO SERVE AS SPECIAL MAGISTRATE FOR TANGIBLE PERSONAL PROPERTY HEARINGS, PURSUANT TO F.S. 194.35, AND SET HOURLY RATE OF PAY, MILEAGE AND MAXIMUM RATE PER DAY FOR OVERNIGHT LODGING REIMBURSEMENT IN ACCORDANCE WITH F.S. 112.061 Previous year we contracted Pam Andrea at $105.00 per hour, plus reimbursement for lodging not to exceed $100 per night, plus mileage at the State approved rate. • Pamela B. Andrea, A.S.A. ON MOTION by School Board Member Johnson, SECONDED by Citizen Member Weise, the Board unanimously appointed Pamela Andrea, A.S.A., as Special Magistrate for Tangible Personal Property Value Adjustment Board Organizational meeting of May 29, 2013 6 L Item 4 hearings for the VAB 2013 tax year at the rate of pay of $105.00 per hour, with a maximum reimbursement of $100.00 per day for lodging, plus mileage at the State approved rate. 14. AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTRACT FOR EACH APPOINTED SPECIAL MAGISTRATE ON BEHALF OF THE FULL BOARD ON MOTION by Vice Chairman O'Bryan, SECONDED by Citizen Member Heckman, the Board unanimously authorized the Chairman to execute a contract for each appointed Special Magistrate on behalf of the full Board. 15. REDESIGNATE VAB ATTORNEY TO MAKE DETERMINATION FOR ALL GOOD CAUSE REVIEWS ON BEHALF OF THE FULL BOARD, PURSUANT TO DOR RULES 12D -9.015(11)(d), 12D-9.019(5), AND 12D-9.021(6), AND (7) ON MOTION by Vice Chairman O'Bryan, SECONDED by School Board Member Johnson, the Board unanimously approved to re -designate VAB Attorney David Hancock to make determination for all good cause reviews on behalf of the full Board, pursuant to DOR Rules 12D -9.015(11)(d), 12D- 9.019(5), and 12D-9.021(6) and (7). 16. APPROVE THE VAB CHAIRMAN TO REVIEW AND AUTHORIZE PAYMENT OF 2013-2014 VAB INVOICES ON BEHALF OF THE FULL BOARD ON MOTION by School Board Member Johnson, SECONDED by Vice Chairman O'Bryan, the Board unanimously approved the VAB Chairman to review Value Adjustment Board Organizational meeting of May 29, 2013 7 L Item 4 and authorize payment of VAB invoices on behalf of the full Board. Clerk's Note: School Board Member Johnson exited the meeting. 17. PUBLIC INPUT Chairman Davis asked for introductions at this time of those in attendance. There was a brief discussion by Property Appraiser David Nolte and by the Board Members regarding the Special Magistrates' DOR training where it conflicts with the Florida Statutes and has no legal standing. Although no specific details of the DOR training were discussed, VAB Attorney Hancock acknowledged that DOR Rules did not overpower the Florida Statutes, and he assured Mr. Nolte that the Special Magistrates contracted were made aware of that fact at orientation. 18. ADJOURNMENT There was no further business, and the Chairman declared the meeting adjourned at 8:20 a.m. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: /'t G2, 1 Wesley S. Davis, Chairman Value Adjustment Board Maria I. Suesz, Deputy Clerk Minutes Approved: Value Adjustment Board Organizational meeting of May 29, 2013 8 - - .:20/