VALUE ADJUSTMENT BOARD MEETING
JANUARY 17, 2006
Lake County Value Adjustment Board met in regular session on Tuesday, January
17, 2006, at 8:30 a.m., in the Board of County Commissioners’ Meeting Room,
Commr. Hill called the meeting to
order at 8:30 a.m. and turned it over to Mr. Sandy Minkoff,
DUTIES AND PROCEDURES OF THE VALUE ADJUSTMENT BOARD
Mr. Minkoff explained that this year they have 13 of the total cases where either the Property Appraiser or the individual has a disagreement with the recommendation that the special magistrate has presented to the Value Adjustment Board (VAB). He explained that the special magistrate hears the evidence and gives the VAB a recommended order. When the VAB considers the recommended orders, the findings of fact that are made by the special magistrate cannot be changed; the conclusions of law and the way the law applies to those facts they can change. In some cases, they disagreed with the findings of fact, and those the VAB will ultimately uphold the special magistrate; however, many of the ones who have filed exceptions are indicating that they think the wrong law was applied and the VAB will have to consider those cases. Mr. Minkoff stated that his suggestion today would be for the VAB to approve the ones that have not been appealed or had an objection filed and to ask his office to go through the 13 cases and present them with a report and lay out the arguments for them. He will provide the information to them at least a week before their February 7, 2006 meeting, to be scheduled. Then the VAB can make a decision on each one of the following cases:
1) Grant (Attachment/PA) 2005-8 Jimmy J. & Linda S. James
Grant (Attachment/PA) 2005-9 Jimmy J. & Linda S. James
Grant (Attachment/PA) 2005-10 Jimmy J. & Linda S. James
2) Grant (Attachment/PA) 2005-15 Judy A. Page
Deny (Attachment/Owner) 2005-16 Judy A. Page
3) Grant (Attachment/PA) 2005-35 Mildred Wolfe
Grant (Attachment/PA) 2005-36 Mildred Wolfe
4) Grant (Attachment/PA) 2005-47 James Reilly
5) Grant (Attachment/PA) 2005-48 Michael J. Peronti
6) Deny (Attachment/Owner) 2005-49 Walter D. Runkle
Deny (Attachment/Owner) 2005-50 Walter D. Runkle
Deny (Attachment/Owner) 2005-51 Walter D. Runkle
7) Grant (Attachment/PA) 2005-22
8) Grant (Attachment/PA) 2005-39 Roberto
9) Grant (Attachment/PA) 2005-1 Robert A. & Wanda Schweigel
10) Grant (Attachment/PA) 2005-44
11) Deny (Attachment/Owner) 2005-105 Eugene J. Coursen
Deny (Attachment/Owner) 2005-106 Eugene J. Coursen
12) Deny (Attachment/Owner) 2005-140 Greg
13) Deny (Attachment/Owner) 2005-103 Horne Prop.
Mr. Minkoff explained that those cases noted are going to fall into three or four different types of objections. He suggested that the VAB approve all of the cases, with the exception of those 13 that have been noted, where there has not been an objection filed by an owner, or by the Property Appraiser, and to come back and reconsider those 13 cases.
Mr. Minkoff stated that there was a conflict with the last case noted on the agenda, Petition 2005-90L, Tommy E. and Denice L. Stephens, and they had to get a separate special magistrate to hear the case. That order just came in last week, so the Stephens have not had an opportunity to object in writing. He asked that the VAB exclude that case as well and, if they do submit something in writing, staff will include that in their report, and they can take action on that case, as well, at the next meeting. He asked that the VAB approve the special magistrates’ recommendations in all of the cases except for those 14, which will include Petition 90L, Tommy E. & Denice Stephens.
On a motion by Commr. Pool, seconded by Mr. Strong and carried unanimously by a 4-0 vote, the VAB approved the recommendations submitted by the special magistrates for the following cases, except for the 14 cases that have been noted and includes Petition 2005-90L, Tommy E. and Denice L. Stephens:
Recommendations Petition No. Petitioner’s Name
Deny 2005-2 Bobbie Pollock
Grant 2005-4 Violet Lewis
Deny 2005-7 Robert J. Bosch
Deny 2005-11 H. R. & Beverly B. Overly
Deny 2005-28 Scott W. Norris
Deny 2005-33 Charles W. & Elizabeth K. Stoothoff, Jr.
Deny 2005-37 Christine Croft
Deny 2005-6 Hossein Faraji
Deny 2005-13 Hans J. Erdmann
Deny 2005-19 Fed Audain
Deny 2005-21 Wazir Ali
Deny 2005-23 John A. Baldwin
Deny 2005-24 Frank G. Williams, Jr.
Deny 2005-25 Helen Williams
Deny 2005-26 Ida Watson
Deny 2005-27 Paul & Diane Watson
Grant 2005-40 Mary M. Clark
Deny 2005-41 Daniel Belanger, Jr.
Deny 2005-45 Yuemin & Rena Wang
Deny 2005-46 Yuemin & Rena Wang
Deny 2005-52 John Kingman Keating/Schlitt, Representative
Deny 2005-55L Gunnar W. & Beatriz Allen
Deny 2005-60L NFN Thakurdyal
Deny 2005-81L Patricia M. Detoro & John Parada
Grant 2005-100L Steven D. Obenchain
Deny 2005-42 Strategic Land Investments, Inc.
Grant 2005-121L Angela Gardner
Deny 2005-202L Doris Lovell
Deny 2005-86 Robert Smith/Riverrest Mobile Home Comm.
Deny 2005-195 Edward P. & Debra L. Jordan
Deny 2005-198 John Pease, IV
Deny 2005-129 Terry Arnold
Deny 2005-87 Equity One Inc./
Deny 2005-88 Equity One Inc./
Deny 2005-89 Equity One Inc./
Deny 2005-151 Burr Wolff/Tractor Supply
Deny 2005-154 Burr Wolff/Tractor Supply #509
Deny 2005-152 Burr Wolff/Kmart Corp.
Deny 2005-153 Burr Wolff/Kmart Corp. #3657
Deny 2005-130 AREEA Consultants/Wachovia Bank
Deny 2005-120 Giovanna Ellison
Deny 2005-193 Theresia S. Hauger
Deny 2005-128 Norman C. Cummins
Mr. Minkoff noted that the meeting will start at 8:30 a.m. on February 7, 2006, and he will be asking that the Board begin its meeting at 10 a.m. that day, so they have adequate time to consider the information he will be providing to them. He reminded the VAB that they do not take any discussion from the audience; it is strictly discussion amongst the members. He is comfortable with a consensus from the members today that they would like him to address those cases, as noted, and to provide them with information on each.
Discussion occurred regarding the number of petitions received this year, approximately 205, with approximately 61 going to a hearing. It was explained by Mr. Minkoff that the VAB now receives recommendations from special magistrates and written objections from property owners.
Mr. Conner suggested that the VAB may want to make sure that their fifth member is present at the next meeting although it was pointed out by Mr. Minkoff that it was not necessary as long as there is a quorum.
Mr. Minkoff reminded the Board that the members of the VAB are not allowed to have communication with the Property Appraiser’s Office and/or the applicant or the person in opposition. If a member is in need of additional information, he asked that they send the request to Toni Riggs, Deputy Clerk, and she will send out the information and notify all parties. Mr. Minkoff noted that he will talk to the parties who are present today after the meeting and explain the process allowing them to file their written objection. He also noted that the VAB will not be taking action today on the Certificates of the Value Adjustment Board (Agenda Item 2) until they have taken action on all petitions.
On a motion by Commr. Pool, seconded by Mr. Conner and carried unanimously by a 4-0 vote, the VAB approved the Minutes of August 2, 2006, VAB Organizational Meeting, as presented.
a motion by Mr. Conner, seconded by Mr. Strong and carried unanimously by a 4-0
vote, the VAB approved the Minutes of January 17, 2006, subject to final review
On a motion by Commr. Pool, seconded by Mr. Conner and carried unanimously by a 4-0 vote, pursuant to Chapter 194.015, Florida Statutes, the VAB approved to bill the Lake County School Board for two-fifths of the net expenses, in the amount of $2,411.98.
On a motion by Commr. Pool, seconded by Mr. Strong and carried unanimously by a 4-0 vote, pursuant to Chapter 194.015, Florida Statutes, the VAB approved to bill the Lake County School Board for two-fifths of the net expenses, in the amount of $3,617.97.
There being no further business to be brought to the attention of the VAB, the meeting recessed at 8:43 a.m. with it being announced that the VAB will reconvene at 8:30 a.m. on February 7, 2006.
JENNIFER HILL, CHAIRMAN
JAMES C. WATKINS, CLERK