OFFICIAL MEETING MINUTES

OF THE

VALUE ADJUSTMENT BOARD (VAB)

PALM BEACH COUNTY, FLORIDA

March 17, 2010

THURSDAY                                                                                                           COMMISSION

8:50 A.M.                                                                                                                    CHAMBERS

1.                     CALL TO ORDER

1.A.                 Roll Call

Commissioner Karen T. Marcus, Chair

School Board Member William Graham, Vice-Chairman

Commissioner Steven L. Abrams

Citizen-At-Large Scott Johnston - Absent

Citizen-At-Large Stormet Norem

VAB Legal Counsel Heidi Juhl, Esq.

Clerk & Comptroller Board Services Administrator Grant J. Skolnick, Esq.

                        Minutes Clerk Latoya Osborne

(CLERK’S NOTE: Public comments were taken at this time.)

6.                     PUBLIC COMMENTS

Commissioner Marcus stated that public comment cards had been submitted.

Commissioner Abrams requested an opinion from VAB Legal Counsel Heidi Juhl as to the order of business. He stated that members of the public had requested rehearings. Ms. Juhl replied that the agenda could be reordered, or a motion could be approved with the exception of the petitioners who had requested reconsideration. Commissioner Marcus stated that the public would be allowed to speak, and that petitions in question would be pulled from the agenda.

6.A.

Requests for Rehearings.

Shawn Friedkin requested a rehearing for the property located at 5835 Windsor Court in Boca Raton (petition number 2009-3423).

Mr. Friedkin said that the office that determined the assessment had erroneous information that had created a false evaluation, and that he had evidence which would show that incorrect information had been used.

Commissioner Abrams stated that Mr. Friedkin had previously submitted that documentation to his office, and that it was then submitted to Clerk & Comptroller Board Services Administrator Grant J. Skolnick, Esq.

BOARD DIRECTION:

Commissioner Marcus requested that backup be submitted prior to the meetings for all petitions which would be discussed.

Janet Kearns requested reconsideration of her property located at 512 Franklin Drive in West Palm Beach (petition number 2009-10429) because the property owner, C.K. Dunn, Inc., was denied a petition. She said that the VAB claimed that it did not receive their evidence. Ms. Kearns stated that the property owner had never received an actual date and time to present evidence.

Brenda Frasier asked for an appeal on the decision made by the Special Magistrate for the property located on 8448 Marsala Way in Boynton Beach (petition number 2009-10337). She said that there was a lack of due process in the hearing held. Ms. Frasier stated that she had contacted the office of Property Appraiser Gary Nikolits by a letter dated February 4, 2010, and by making phone calls over a period of two weeks. She said that she had not received any of the requested information.

Mark Kleinfeld, representative for Mark Damerau, requested a rehearing on the property located at 10081 Monet Lane in Palm Beach Gardens (petition number 2009-5232). He stated that the appraiser’s evidence that was sent out on December 22, 2009 left insufficient time to prepare information and evidence due to the intervening holidays Christmas, and New Year. Mr. Kleinfeld said that a hearing had been set for January 4, 2010, at which the agent did not appear, and the petition was denied. He added that the petitioner now sought a new hearing date so that the appraiser could be present.

Ms. Juhl stated that the four properties discussed could be excluded from approval of item 2.A.

2.                     APPROVAL OF THE SPECIAL MAGISTRATE RECOMMENDATIONS

2.A.

MOTION to approve the Special Magistrate Recommendations to the Value Adjustment Board for the hearings that took place from November 6, 2009, through January 15, 2010, as well as the petitions that were administratively granted and withdrawn during the same time period as amended, excluding petition numbers 2009-3423, 2009-5232, 2009-10337, and 2009-10429. Motion by William Graham, seconded by Commissioner Abrams, and carried 4-0. Scott Johnston absent.

VAB Coordinator Ann Clark clarified that the Special Magistrate recommendations approved in item 2.A. were for only the hearings that took place from November 6, 2009, through January 15, 2010.

3.                     Approval of the minutes of the VAB meetings of November 12, 2009, and December 10, 2009.

MOTION to approve the minutes. Motion by William Graham, seconded by Commissioner Abrams, and carried 4-0. Scott Johnston absent.

(CLERK’S NOTE: See item 2.A. for VAB coordinator’s comment made at this time.)

4.                     BOARD COMMENTS

4.A.                 Backup Request

Commissioner Marcus requested that all documentation, including that for comments, be submitted prior to all meetings.

5.                     STAFF COMMENTS

5.A.                 Discussion of Budget

Clerk & Comptroller Board Services Administrator Grant J. Skolnick, Esq. stated the following:

· The number of petitions exceeded 19,000 in 2009. Increased numbers of petitions and hearing days, as well as 2010 costs associated with them had created a current budget shortfall of approximately $117,500.

· Three separate lawsuits of VAB had created increased legal costs of approximately $50,000 over budget. The current legal counsel’s budget shortfall was $72,616.37.

· Payroll and staff costs had greatly increased with the hiring of two additional temporary employees to assist in processing and facilitation, which had led to a budget shortfall of $48,382.95.

· The total budget shortfalls amounted to approximately $238,499. These numbers reflected anticipated amounts, as well as costs that had already been incurred.

· The Board of County Commissioners (BCC) would be requested to assist with the budget shortfalls.

5.B.                 Discussion of Digital Recorders

Mr. Skolnick stated the following:

· The VAB was currently using cassette tapes and recorders at all hearings. This technology was now viewed by the previous vendor as archaic and unreliable, and vendors no longer provided the cassette tapes. The use of tapes was putting the VAB at a risk of liability, because if the cassette tapes and/or recorders failed to work and the hearings were not recorded, they would be considered nonexistent and would need to be rescheduled.

· The current software, AXIA, which allowed petitioners to file their petitions, submit evidence, and pay online, had produced a new component, AXIA Media Player, which would allow the Magistrate’s computers to record the hearings and upload them to the web site for public access.

· By switching over to the new technology, the VAB would experience a cost savings of $3,073.90 annually. The initial cost would be $13,600; however, there would be a four-year repayment period before money would be saved.

· The new technology appeared to be the safest, most efficient and effective way to record hearings.

MOTION to approve making a recommendation to the BCC that a switch from cassette recordings to the newly proposed digital recordings for VAB hearings be accomplished. Motion by Stormet Norem, seconded by William Graham, and carried 4-0. Scott Johnston absent.

6.                     PUBLIC COMMENTS – Pages 1-2

7.                     ADJOURNMENT

At 9:06 a.m., the chair declared the meeting adjourned.

ATTESTED:             APPROVED: 04/07/2010

                                    Clerk                                   Chair