A REGULAR MEETING OF THE VALUE ADJUSTMENT BOARD

august 18, 2009

The Value Adjustment Board (VAB) met in regular session on Tuesday, August 18, 2009 at 2:00 p.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Jennifer Hill, Vice-Chairman; and Linda Stewart. Larry Metz from the Lake County School Board was unable to attend and Debbie Stivender from the Lake County School Board attended in his stead. Will Walker was present as a citizen member. Ralph Smith, a citizen member, was not present. Others present were: Leigh Tucker, Counsel for the Value Adjustment Board; Frank Royce, Chief Deputy, Property Appraiser’s Office; Susan Dugan, Senior Contracting Officer, Procurement Services; and Ellie McDonald, Deputy Clerk.

Commr. Hill called the meeting to order at 2:00 p.m. The meeting had been properly advertised and a quorum was present.

approval of minutes

The Chairman asked for approval of the Minutes of the July 28, 2009, meeting.

On a motion by Ms. Stivender, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the VAB approved the Minutes of the Regular Meeting held on July 28, 2009, as presented. Mr. Ralph Smith, citizen member of the VAB arrived after the vote had been taken.

old business from june 23, 2009

VALUATION Petition No. 2008-253 - Joyce

Ms. Leigh Tucker, Counsel for the VAB stated that at the last meeting the VAB asked her if specific wording in paragraph 2 of the second page of Mr. Joyce’s Petition No. 2008-253 had been considered in the Special Magistrate’s decision. She explained that the VAB had remanded the matter back to Mr. David Taylor, Special Magistrate to inquire if he had considered the information in question. She stated that she had spoken with Mr. Taylor on the phone and the conversation was followed-up by an email which was in their notebook asking him specifically if he had addressed that issue. She commented that as reflected in his response to her email he stated that he had considered all the issues the VAB raised in that paragraph and given that, his opinion did not change. She stated that it was now up to the VAB to either approve or disapprove the recommended decision by the Special Magistrate.

On a motion by Mr. Walker, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the VAB accepted the Special Magistrate’s recommendation denying the Petitioner’s request for relief for Petition No. 2008-253.

EXEMPTION PETITION NO. 2008-33 - SERRANO

Ms. Tucker remarked that this Petition was the one mentioned at the previous meeting where the owner had goats on the property. She mentioned that Mr. Serrano, the property owner, spoke very little English, and had not been represented by legal counsel at the hearing. She explained that after speaking with Special Magistrate Aulls he commented that he would have asked to rehear the matter had he known the circumstances. She commented that they had attempted to schedule that hearing before today’s meeting, but were unable to do so. She stated that the matter would be reheard on August 27, 2009, at 11:30 a.m. with Mr. Serrano, his attorney, Special Magistrate Aulls, and the Property Appraiser in attendance. She commented that the Special Magistrate will provide the VAB with his recommendation after that hearing and a final VAB meeting will then be scheduled to either approve or deny his recommendation. She stated that once the VAB’s recommendation is made, they will be able to certify all the Petitions for 2008. She stated that no action was needed at this time with regard to Petition No. 2008-33.

contract for special magistrates FOR THE value adjustment board AND CONTRACT FOR LEGAL COUNSEL

Ms. Tucker explained that the two Special Magistrates’ Contracts have expired and cannot be renewed. She stated that for that reason, a Request for Proposal (RFP) for Special Magistrates has been initiated and at some point in the future the VAB will meet to determine which applicants would be best suited for Special Magistrates’ positions for both the Exemption and Valuation petitions. She mentioned that her Contract as VAB Counsel would expire the end of August and contains renewal clauses, emphasizing that the VAB had the authority to send out an RFP if they would prefer to have more applicants from which to chose.

Ms. Debbie Stivender asked if there was a contract timeframe for Special Magistrates.

Ms. Tucker responded that the contracts for the two new Special Magistrates will be for a term of one year term with renewal capabilities. She commented that the matter before the VAB today was either to renew her Contract for another one-year term or to send out an RFP to find another attorney.

Mr. Will Walker questioned if they would be renewing her Contract with the same terms as previously contracted.

Ms. Tucker responded that the Contract would contain the same terms as the prior Contract.

On a motion by Commr. Stewart, seconded by Ms. Stivender and carried unanimously by a 5-0 vote, the VAB approved the renewal of Ms. Leigh Tucker’s Contract as the VAB attorney.

Request For Proposal - special magistrate

Mr. Walker questioned the timeframe involved in obtaining the applicants for the Special Magistrates.

Ms. Tucker stated that at the VAB Organizational Meeting they should have all the applications available so that the VAB can decide on Contracts for the new Special Magistrates.

Mr. Walker asked when the bids were due.

Ms. Tucker stated that that the opening date would be when the RFP was disseminated by Ms. Dugan, and that the application would be due from the applicant within 10 days. She explained that once the applications were received, the VAB would have twenty days to meet and decide on the Special Magistrates’ Contracts. She mentioned that she could not guarantee it would be 30 days from today, but hoped the RFP could be sent out this week.

other business

Commr. Hill asked when they would receive the recommendation from the Special Magistrate regarding Petition No. 2008-33.

Ms. Tucker reiterated that the hearing for Petition No. 2008-33 was scheduled for August 27, 2009, and a recommendation from the Special Magistrate should be returned and submitted in writing within 5 days. She noted that dates in September had been requested for another short meeting to consider his recommendation at which time they would be able to schedule a Final Meeting. She noted that the Final Meeting would be held during the first half of September, and at that time the remainder of the 2008 Petitions would be certified.

Commr. Hill questioned whether or not the contracts would be back for the Final Meeting.

Ms. Tucker explained that they would make a decision on the Contracts at the Organizational Meeting during the second half of September.

ADJOURNMENT

There being no further business to be brought to the attention of the VAB, the meeting was adjourned at 2:10 p.m.

_______________________________

JENNIFER HILL, VICE-CHAIRMAn

ATTEST:

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NEIL KELLY, CLERK