09/27/2004 Organizational Meeting MINUTES OF THE 2004/2
MONROE COUNTY
VALUE ADJUSTMENT BOARD
Organizational Meeting
Harvey Government Center
Monday, September 27, 2004
The Organizational Meeting of the Monroe County Value Adjustment Board convened at
10:00 a.m., on the above date, at the Harvey Government Center located at 1200 Truman
Avenue, Key West. Present and answering to roll call were School Board Member Andy Griffith,
School Board Member Pat Labrada, County Commissioner Dixie Spehar, County Commissioner
George Neugent, and Mayor Pro Tern David Rice. Also present were Danny L. Kolhage, Clerk;
Pamela Hancock, Deputy Clerk; Ervin A. Higgs, Property Appraiser; Richard Collins, County
Attorney; Bob Shillinger, Assistant County Attorney; and John Dent, representing the Property
Appraiser.
Motion was made by Commissioner Spehar to nominate Mayor Pro Tem Rice to serve as
Chairman of the 2004 Value Adjustment Board. After discussion, the motion was withdrawn.
Motion was made by Mayor Pro Tem Rice and seconded by School Board Member Labrada to
nominate Commissioner Neugent to serve as Chairman of the 2004 Value Adjustment Board.
Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Mayor Pro Tern Rice to
nominate Mayor Nelson to serve as Vice-Chairman of the 2004 Value Adjustment Board. Motion
carried unanimously.
Motion was made by Chairman Neugent and seconded by School Board Member Labrada
granting approval of the minutes from the August 6, 2004 Special Meeting of the Value
Adjustment Board. Motion carried unanimously.
Pamela Hancock, Deputy Clerk advised the Board on the petitions filed as follows:
1. Homestead Petitions
80 Petitions filed - 62 Petitions resolved
45 Lower Keys/Key West 6 Middle Keys 29 Upper Keys
2. Real Property Petitions
143 Petitions filed
09/27/2004 2004/2
60 Lower Keys/Key West 37 Middle Keys 46 Upper Keys
3. Tangible Personal Property Petitions
17 Petitions filed
3 Lower Keys/Key West 5 Middle Keys 9 Upper Keys
Mrs. Hancock advised the Board that there were one hundred seventy-one revised TRIM
Notices sent out with filing deadlines ranging from September 14 to October 15, 2004.
Mrs. Hancock advised the Board that there were two "Late Filed" petitions and the
reasons for missing the extended deadline, as follows:
Thomas & Michele Brossard of Marathon filed late due to Hurricane Ivan and caring for
their family who reside in Vero Beach from the effects of Hurricane Frances. Motion was made
by Commissioner Spehar and seconded by Mayor Pro Tern Rice to accept the late filed petition.
Motion carried unanimously.
Chris Sutton of Grassy Key filed late due the warranty deed on her property, that she
purchased September 2003, not being transferred into her name and not receiving the TRIM
Notice before the deadline. Motion was made by Mayor Pro Tem Rice and seconded by School
Board Member Labrada to accept the late filed petition. Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by School Board Member
Griffiths 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.
RESOLUTION NO. VAB 001-2004
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Spehar and seconded by Mayor Pro Tern Rice to
appoint Attorney Lee R. Rohe to serve as Special Master for the 2004 Value Adjustment Board
to hear issues of Exemptions and Classifications. Motion carried unanimously.
James Elam, MAI and Douglas Miller, representing Regina Corcoran addressed the Board
concerning their desire to serve as Special Master for the 2004 Value Adjustment Board to hear
issues of Valuation of Real Estate. After discussion, motion was made by Commissioner Spehar
and seconded by School Board Member Labrada to appoint Mr. Elam and Ms. Corcoran to hear
issues of Valuation of Real Estate. Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Mayor Pro Tem Rice to
appoint Jeffrey Robinson to serve as Special Master for the 2004 Value Adjustment Board to hear
issues of Tangible Personal Property. Motion carried unanimously.
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09/27/2004 2004/3
Mrs. Hancock advised the Board of the previous year Special Master Fees as follows: The
2003 Value Adjustment Board approved Special Master fees at $150.00 per hour for the
scheduled meeting time, as well as an additional hour each way for time spent for travel from
Marathon to Key West, and Marathon to Key Largo, plus mileage at the standard statutory rate
of.29 cents per mile. After discussion, motion was made by Commissioner Spehar and seconded
by School Board Member Labrada approving Special Master fees at $150.00 per hour, with a
guaranteed four hours, and no travel reimbursements. Motion carried unanimously.
Lee Rohe addressed the Board.
Motion was made by Mayor Pro Tem Rice and seconded by School Board Member
Griffiths approving the Contracts with the selected Special Masters. Motion carried unanimously.
Motion was made by Mayor Pro Tem Rice and seconded by School Board Member
Griffiths to approve the Special Master's schedule. Motion carried unanimously. Said list is
attached hereto.
Motion was made by Commissioner Spehar and seconded by Mayor Pro Tem Rice
approving the tentative Final Meeting date of Monday, December 20, 2004 - 10:00 a.m., at the
Marathon Government Center. Motion carried unanimously.
Sheila Anderson, Commercial Property Services, Inc., addressed the Board.
Chairman Neugent discussed outside counsel to the Value Adjustment Board. After
discussion, motion was made by Chairman Neugent and seconded by Mayor Pro Tern Rice for a
Request for Qualifications to receive applications for outside counsel to represent the Value
Adjustment Board. Richard Collins, County Attorney and Danny Kolhage, Clerk addressed the
Board. Roll call vote was taken with the following results:
Mayor Pro Tem Rice Yes
School Board Member Griffiths No
School Board Member Labrada No
Commissioner Spehar No
Commissioner Neugent Yes
Motion failed.
The Board accepted public input with the following individuals addressing the Board:
Ervin Higgs, Property Appraiser, Karl Borglum, Chief Deputy Property Appraiser's Office, Chris
Sutton, Thomas Blount, and John Dent, representing the Property Appraiser's Office.
The Training commenced with School Board Member Labrada not present. Mr. Collins
advised the Board of revisions to the 2004 Training Seminar Book as follows:
09/27/2004 2004/4
Tab 2, page 3 at line 16: At least 44 10 days before...; and at line 21: No later than 4 5
days before... These changes will be effective January 1, 2005.
Tab 6, Attachment A at line 16: just value of property; BUT (� (2); and at line 25: just
value of the property; BUT (2).
The following individuals addressed the Board concerning the contents of the 2004
Training Seminar Book: Mr. Collins, Mr. Dent, Attorney Rob Kelly, who has represented clients
in Monroe County; Mr. Borglum, and Mr. Higgs. Mr. Kelly advised Mr. Collins of an addition to
the Training Book as follows: Tab 6, Attachment A at line 10: ....in arriving at the just value of
the property and has not shown by clear and convincing evidence that the assessed value
exceeds just value then the assessment is correct, and the petition is DENIED.
Mr. Collins will forward the corrections to be inserted in the Training Book.
Ms. Corcoran and Mr. Elam addressed the Board concerning their previous service as
Special Master to the Value Adjustment Board.
Mr. Collins reviewed the (Third Draft, 09/23/04) Monroe County Value Adjustment
Board Administrative Rules 2004 with the Board. There was no official action taken by the
Board.
Ms. Anderson addressed the Board.
There being no further business to come before the Board, the meeting was adjourned.
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