10/03/2011 Minutes (unofficial) Unofficial
MINUTES OF THE
MONROE COUNTY
VALUE ADJUSTMENT BOARD
Organizational Meeting
Marathon Government Center
Monday, October 3, 2011
The 2011 Organizational Meeting of the Monroe County Value Adjustment Board
convened at 10:00 a.m., on the above date, at the Marathon Government Center located at 2798
Overseas Highway, Marathon. Present at the meeting were Commissioner Sylvia Murphy;
Commissioner David Rice; and School Board Member John Dick. School Board Citizen
Member Nancy Mayhew was present telephonically. Absent was BOCC Citizen Member John
Repetto. Since there was not a quorum of members of the Value Adjustment Board physically
present in the meeting room, there was not an official meeting of the Board this date. Also
present were Robert Tischenkel, Counsel to the Value Adjustment Board; Pamela Hancock,
Deputy Clerk to the Value Adjustment Board; John Dent, Counsel to the Property Appraiser.
Item A Pamela Hancock, Deputy Clerk introduced the 2011 Value Adjustment
Board members, as follows: Commissioner Sylvia Murphy, (305) 453 -8787; Commissioner
David Rice, (305) 289 -6000; School Board Member John Dick, (305) 289 -1553; BOCC Citizen
Member John Repetto, (305) 743 -0615; and School Board Citizen Member Nancy Mayhew,
(305) 292 -1865. Ms. Hancock gave her contact information as: (305) 295 -3130, and gave the
Clerk's Office website information for the Rules governing the Value Adjustment Board as
www.clerk -of- the - court.com.
Item B Motion was made by Commissioner Murphy and seconded by School
Board Member Dick to appoint Commissioner Rice as Chairman to the 2011 Value Adjustment
Board. Motion carried unanimously. Motion was made by School Board Member Dick and
seconded by Commissioner Rice to appoint Commissioner Murphy as Vice - Chairman to the
2011 Value Adjustment Board. Motion carried unanimously.
Item C Robert Tischenkel, Counsel to the Value Adjustment Board addressed the
Board concerning the Rules, House Bill 281 and the rule of evidence and evidence exchange.
John Dent, Counsel to the Monroe County Property Appraiser's Office addressed the Board
concerning a rule challenge and a challenge to the training materials that were published last
year. The two rules being challenged in the book are 12D -9.020 and 12D- 9.025.
Item D Ms. Hancock reported the number of petitions filed, as follows: 1)
Exemption Petitions: 24 filed, 14 settled; 2) Real Property Petitions: 262 filed, 2 duplicates, 31
settled; Commercial Petitions: 323 filed, 2 duplicates, 130 withdrawn; 3) Tangible Petitions: 63
Filed, none have been withdrawn; 4) Late Filed: 49 reviewed, 38 accepted and 11 denied.
10/03/2011
Item E Motion was made by Commissioner Murphy and seconded by School
Board Member Dick ratifying the Value Adjustment Board Attorney's determination of late -filed
petitions to date for the current tax year, and re- authorization of Board Attorney's review and
determination of late -filed petitions on behalf of the Value Adjustment Board (Chapter 12D-
9.015(11)(b)). Motion carried unanimously.
Item F Motion was made by Commissioner Murphy and seconded by School
Board Member Dick to adopt the following Resolution implementing the authorization provided
for in Section 194.013, Florida Statutes, to require a filing fee for certain petitions filed with the
Board. Motion carried unanimously. (NOTE: since there was no quorum a Resolution number
has not been assigned).
Item G Motion was made by Commissioner Murphy and seconded by School
Board Member Dick to appoint the Clerk, or his designee, to re- schedule hearings made fewer
than 5 calendar days before the scheduled hearing for an emergency when good cause is shown
(Chapter 12D- 9.019.11(4b)). Motion carried unanimously.
Item H1 Motion was made by School Board Member Dick and seconded by
Commissioner Murphy to appoint Edwin Scales to serve as Special Magistrate to hear issues
regarding exemptions and classifications and to appoint Rinky Parwani to serve as an alternate in
the event that Mr. Scales is not available. Motion carried unanimously.
Item H2 a &b Motion was made by Commissioner Murphy and seconded by School
Board Member Dick to appoint Regina Corcoran, Patricia McGrath and Kevin Talbott to serve
as Special Magistrates to hear issues regarding valuation of real property and commercial
properties. Motion carried unanimously.
Item H3 Motion was made by Commissioner Murphy and seconded by School
Board Member Dick to appoint Regina Corcoran to serve as Special Magistrate to hear issues
regarding tangible personal property. Motion carried unanimously.
Item J Motion was made by Commissioner Murphy and seconded by School
Board Member Dick to approve the Initial Certification of the Value Adjustment Board. Motion
carried unanimously.
Item K Karl Borglum, Property Appraiser addressed the Board concerning the
number of appeals that have been filed over the last several years and that his office solves in
excess of 95% of them prior to going to hearing. Mr. Borglum advised the Board that this is
because of the efforts of probably one of the best appraisals staffs in the State of Florida (in his
opinion). Mr. Borglum inquired as to whether the Board would advise the Special Magistrates
go by the voluntary rules, which creates problems do the road, or whether or not they were going
to advise them to stay with case law and statute. Mr. Tischenkel addressed the Board and
advised the Board that the Turner decision is clear and asked that the Property Appraiser's Office
continue to send out the letter requesting the evidence.
There being no further business to come before the Board, the meeting was adjourned.
10/03/2011
Respectfully submitted,
Danny L. Kolhage, Clerk
to the Value Adjustment Board
of Monroe County
by: Pamela G. Hancock, Deputy Clerk
to the Value Adjustment Board