Post on 28-Aug-2018
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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CLERK OF THE BOARD OF COUNTY COMMISSIONERS.STEPHEN P. CLARK, METRO DADE GOVERNMENT CENTER
111 N.W. 1st Street, 2nd FloorCommission Chambers
Wednesday, May 22, 2013 @ 1:30 p.m.
VALUE ADJUSTMENT BOARDINTERGOVERNMENTAL SERVICES DIVISION
BOARD MEMBERS(Present)
Lynda Bell, ChairwomanJuan C. Zapata, Commissioner
Anibal Duarte-Viera, Citizen MemberCarlos Curbelo, School Board
VAB ATTORNEY
Steven A. Schultz, Esq.
COUNTY ATTORNEY'S OFFICE
Jorge Martinez-EsteveAssistant County Attorney
STAFF
Honorable Carlos Lopez-Cantera(Property Appraiser)
Lazaro Solis, CFE, Deputy Property AppraiserJoseph Ruiz, General Counsel,
VAB Staff
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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COMMISSIONER BELL: Good evening,
everybody. Good afternoon, everybody.
ALL: Good afternoon.
COMMISSIONER BELL: Well, I think we
should go around the room. And even
though we have our names here, everybody
just go around the room and introduce
ourselves very quickly and who we
represent for the entire group in the
room.
I'm Commissioner Lynda Bell, Vice
Chairman of the Board.
MR. DUARTE-VIERA: Anibal Duarte,
Member.
MR. CURBELO: Carlos Curbelo
representing the School Board.
MR. SCHULTZ: Steven Schultz, the
attorney for the VAB.
MR. ALFARO: Robert Alfaro, VAB
Manager.
MS. LAWHORN-SCHWALM: Value
Adjustment Board, Pamela Lawhorn-Schwalm.
MR. RUIZ: Joseph Ruiz, General
Counsel for the Property Appraiser.
MR. MARTINEZ-ESTEVE: Jorge
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Martinez-Esteve, Assistant County
Attorney.
MR. LOPEZ-CANTERA: Carlos
Lopez-Cantera, Property Appraiser.
MR. SOLIS: Lazaro Solis, Deputy
Property Appraiser.
COMMISSIONER ZAPATA: Juan Zapata,
County Commissioner, appointment to the
Board.
COMMISSIONER BELL: Thank you.
Well, I'm going to turn it over to
the attorney to introduce the election of
a new chairperson for the VAB board. And
then once the chairperson is recognized,
then I think the chairperson should then
consider taking over from there.
MR. SCHULTZ: Commissioner, might,
for the record, introduce Commissioner
Zapata and Mr. Curbelo as new members for
the VAB -- of the VAB.
Commissioner Zapata is replacing
Commissioner Edmonson.
Commissioner Curbelo is replacing
Dorothy Bendross-Mindingall.
As you said, the first order of
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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business is to elect a new chairperson for
the VAB.
Under the statutes, that chairperson
must be a county commissioner. So it's
got to be either you or Commissioner
Zapata. And I will leave it, you know,
for you to handle the election, I guess,
one way or the other.
COMMISSIONER ZAPATA: Can I nominate
Commissioner Bell?
COMMISSIONER BELL: Thank you.
BOARD MEMBER DUARTE-VIERA: Second.
COMMISSIONER BELL: There's a motion
and a second on the floor.
All in favor, say aye.
BOARD MEMBERS COLLECTIVELY: Aye.
COMMISSIONER BELL: Any opposed? And
the ayes carry.
Thank you. Thank you very much.
First thing, first item of business,
is a consideration and adoption of
recommendations of special magistrates as
the written decisions of the VAB for the
remaining uncertified property assessments
for the tax year 2011.
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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MR. SCHULTZ: Commissioner, we needed
a resolution to be adopted verbally and
for the record. Certainly we'd want you
-- we would recommend that you adopt those
recommendations of the special magistrates
for the 2011 tax roll.
COMMISSIONER BELL: Thank you.
And I have a comment on that, but
let's get a motion on the floor first.
Is there a motion to consider and
adopt the recommendations of the special
magistrates?
BOARD MEMBER DUARTE-VIERA: So moved.
COMMISSIONER BELL: It's been
properly moved.
Is there a second?
COMMISSIONER ZAPATA: I'll second.
COMMISSIONER BELL: Thank you.
The floor is now open for discussion
on this item.
I had something brought to my
attention, I think deserves a lot of
attention, from the Property Appraiser's
Office.
Would you like to address it,
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Mr. Cantera, concerning the state law and
the state regulations requiring the VAB
and requiring that there's a basic
explanation of why someone is either
denied or granted. Would you like the
floor for that, Mr. Cantera?
MR. LOPEZ-CANTERA: Sure.
COMMISSIONER ZAPATA: Is that the
letter? Just so I know.
COMMISSIONER BELL: It's the letter.
COMMISSIONER ZAPATA: Is that Mr.
Reese's letter?
COMMISSIONER BELL: Yes, this is a
letter from the Office of the Property
Appraiser to Mr. Schultz, and it's
bringing up a concern and bringing
something to your attention that I believe
is probably being corrected, but I still
think it needs to be addressed.
MR. LOPEZ-CANTERA: Yes. Thank you,
Madam Chair.
As you may know, every magistrate,
when they make a finding, they act as a
judge --
COMMISSIONER BELL: Correct.
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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MR. LOPEZ-CANTERA: -- in the
capacity of hearing cases brought by
property owners when they're appealing the
value of their property and then a
representative from the Office of the
Property Appraiser is there to defend the
value.
Once the determination is made, they
render a finding on what is commonly known
as a factfinding sheet.
And I believe Mr. Schultz put out a
memo earlier in the year to the
magistrates making it very clear that
statute rules and other information that
is used to render their decision needs to
be part of that sheet.
What we continue to find is several
of these magistrates ignore this and just
put very generic and nebulous statements
as far as how they arrive at their
decision. This makes our job more
difficult, because if we had the more
detailed information, it could help us,
and actually bring things to our attention
that we were not aware of before, which
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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could then benefit the property owners.
I've instituted a lot of new
policies, pro property owner policies,
more customer service oriented policies.
And this would just help in that regard to
make sure property owners are getting a
fair shake when it comes to their
valuation.
We value on a per square mile basis.
It's very easy to miss details that are
submitted at the Value Adjustment Board by
individual property owners.
So, to whatever extent the Value
Adjustment Board members, which I believe
is the governing body of this
organization --
COMMISSIONER BELL: Yes.
MR. LOPEZ-CANTERA: -- could hold the
magistrates' feet to the fire, so to
speak, in this regard, because it is the
law. And disregarding it is unlawful, I
think.
COMMISSIONER ZAPATA: Can I just ask
a question?
COMMISSIONER BELL: Commissioner
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Zapata.
COMMISSIONER ZAPATA: I just have a
question. And if I'm not mistaken, in the
letter I've read, that it would help the
future years' appraisals and lower the
amount of folks who may be just coming
back just because that --
MR. LOPEZ-CANTERA: Possibly.
COMMISSIONER ZAPATA: -- information
that was provided to you was not, I don't
know, correct?
MR. LOPEZ-CANTERA: Yes. There's
specific details on the property that are
-- that the magistrate is made aware of at
the hearing. If he or she would document
it clearly, it would help us, because
there could be things that translate to
the following year's tax rolls.
Although, you know, we're here
talking about '011. About to start '012.
And I'm initiating a lot of policies that
will hopefully shorten the timeframe by
letting property owners come in before the
Value Adjustment Board process entirely,
and just have the conversations directly
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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with the office.
We're going to be posting values
online next week, which is a full --
almost a full three months earlier than it
has ever been done before.
COMMISSIONER ZAPATA: Okay. So how
would we go about doing that then? What's
the mechanics of -- because that makes
absolute sense to me.
COMMISSIONER BELL: Well, we have to
make sure that the magistrates are
complying with the law.
COMMISSIONER ZAPATA: Correct.
COMMISSIONER BELL: I mean, that's
their obligation. And if they can't do
so, then we need to replace them. I mean,
it's as simple as that.
MR. SCHULTZ: Would you like me to
respond?
BOARD MEMBER CURBELO: Yes.
COMMISSIONER BELL: Please.
MR. SCHULTZ: This is not a new
problem for us. We, as you know, this
year have about 75,000 cases. Last year,
we had about 95,000. The year before that
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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140,000.
Sometimes the special magistrates --
well, let me start with the fact that the
factfinding sheets are computerized.
Otherwise, if we had to have people
actually handwrite their findings of fact,
they'd never get through.
So we've got a computerized system.
The factfinding sheets have been approved
by the Department of Revenue, but there's
some that slip through the cracks.
In 75,000 cases, there's going to be
some cases where a magistrate may not put
all the details that he may be required to
do.
The clerk tells me last year, when we
had 90,000 cases, we had about 10 of these
that came back to us for further requests
for additional information to be entered
in the factfinding sheets to determine why
the magistrate ruled one way or the other.
Ten or 15 cases a year is not bad when
you're doing 90,000 cases.
COMMISSIONER ZAPATA: Mr. Schultz, I
mean, I don't think they'd write a letter
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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over 10 cases.
MR. SCHULTZ: Well, there were 10
cases attached here.
COMMISSIONER ZAPATA: That were
returned, but --
MR. SCHULTZ: Some of which --
COMMISSIONER BELL: Commissioner
Zapata.
COMMISSIONER ZAPATA: Go ahead.
COMMISSIONER BELL: Let's let Mr.
Schultz finish and then I'll recognize
everybody around the table.
MR. SCHULTZ: Some of which we agree
with. Others we don't agree. I'm just
telling you what the past has been.
As far as the assessment roll is
concerned, each tax year stands on its
own.
COMMISSIONER BELL: Yes.
MR. SCHULTZ: We're doing 2000 --
we're certifying today 2011. We're going
to start the 2012 tax roll very soon,
right?
If our man -- if one of these
magistrates has to furnish additional
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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information, we will furnish additional
information as requested by the Property
Appraiser, as we've done in prior years.
That should have nothing to do with
adopting these recommendations. We can do
this at anytime and we intend to do that.
COMMISSIONER BELL: Mr. Schultz, I
don't think that -- I don't think that
that's stopping us from adopting these
recommendations. I think it's being
brought up as a valid concern. So I don't
think you need to be concerned about us
not adopting the recommendations because
of it, but that's a perfect segue into a
discussion on this, because that's the
item that's before us.
MR. SCHULTZ: Well, let me say this
as far as the future tax rolls are
concerned, if these people put more of an
explanation on their tax -- on the
factfinding sheets for the tax roll for
2011, the Property Appraiser can't really
use that for 2012. He has to make an
independent assessment for 2012,
notwithstanding what the Property
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Appraiser -- I mean, what the special
magistrate may have ruled for a prior tax
year.
So it's really the reason for this,
is so that when somebody gets their
factfinding sheet, they can determine
whether to file suit in the circuit court
to contest whatever the valuation was.
And for that purpose, that's fine.
I mean, we have, in the past, given
them their additional information or
detail whenever they've asked and we will
continue to do that.
COMMISSIONER BELL: Thank you.
MR. SCHULTZ: That is our system.
COMMISSIONER BELL: Thank you. Thank
you.
But to the point, the average
homeowner, when they don't -- when they
appeal their tax, when they appeal the
valuation of their tax, their property
taxes, and it goes before you, if they get
a letter -- and, by the way, just because
you have 10 in the packet doesn't mean
that there weren't a lot more than 10 that
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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were received. That's just the amount of
people that came back and responded. You
know, every one person that comes --
MR. SCHULTZ: I'm just telling you
what the past record has been.
COMMISSIONER BELL: Every one person
that comes and complains to me, I feel --
I always, in my head, say, there's
probably 100 other people that feel the
exact same way, that they're not calling
me and they're not voicing their opinion.
So just because there's 10 in the packet
doesn't mean that there's only 10. So,
you know, let me put that out there.
Also, the level of frustration that
people feel when they don't have a decent
explanation causes them to appeal their
property taxes the following year
regardless.
And so what I'm saying is, I believe
that if this is taken care of and
resolved, you won't see as many challenges
the following year, and I think that's to
Mr. Lopez-Cantera's point.
So I'm not going to defend it any
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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further, but I think we have people around
the table that would like to speak up.
Mr. Curbelo, Mr. Zapata, Mr.
Lopez-Cantera.
BOARD MEMBER CURBELO: Thank you,
Madam Chair.
I think the idea is to implement --
COMMISSIONER BELL: The law.
BOARD MEMBER CURBELO: -- the
Appraiser's recommendation for future
exercises.
COMMISSIONER BELL: Right.
BOARD MEMBER CURBELO: Meaning 2012.
So I guess my question would be, how
do we go about doing that today?
Do we have to pass an additional
resolution or can we amend a resolution
we're considering today?
MR. SCHULTZ: I don't think you
should amend anything on this. You should
adopt the recommendations as done.
If they want us to follow-up on
particular cases, we can do that, and that
should serve their purpose.
But there shouldn't be any problem
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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with the certification of the roll or the
adoption of the factfinding sheets.
COMMISSIONER BELL: Thank you.
BOARD MEMBER CURBELO: Through the
Chair.
COMMISSIONER BELL: Mr. Curbelo, I
believe that what we can do, is we can
bring in a separate item that we can bring
up and put on the floor with a motion and
a second to make sure that this is
complied with per the letter.
BOARD MEMBER CURBELO: I think that
would be a good idea.
COMMISSIONER BELL: So that maybe
alleviate your concern.
MR. SCHULTZ: Incidentally, Madam
Chair, I would like you to know that we
have actually been holding meetings
individually with these special
magistrates to get them to comply better.
And we're not through with that process,
but it's been in process for a while.
COMMISSIONER BELL: Thank you. Thank
you for that.
Commissioner.
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COMMISSIONER ZAPATA: Just along
those lines, how do we implement this?
Because, obviously, I think what we're
trying to do here is raise the bar with
regards to what these magistrates and how
they're filling out these sheets, you
know. And if it's in any way -- you know,
it might be -- it might be some really bad
ones and there might be some questionable
ones, but I think sending a message to the
magistrates that this needs to be done
properly from here forward, it would be
something that's very helpful.
So, you know, we've got to make a
motion then, I guess.
COMMISSIONER BELL: We still have --
we have a motion on the floor, so we'll
take this separately at a later date.
COMMISSIONER ZAPATA: All right.
That's fine.
COMMISSIONER BELL: And we'll put it
under a new business category.
COMMISSIONER ZAPATA: Okay.
COMMISSIONER BELL: Thank you.
Mr. Lopez-Cantera, did you want to
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speak?
MR. LOPEZ-CANTERA: Yes. Thank you,
Madam Chair.
I don't want to have this letter be
misconstrued. It's not making a
recommendation to affect the 2011
certification. It's very important
actually that the 2011 certification be
taken care of today.
COMMISSIONER BELL: Of course.
MR. LOPEZ-CANTERA: It was -- up
until recently it was in jeopardy, but
luckily cooler heads prevailed and it will
be certified and the School Board will not
lose the 10's of millions of dollars that
they may have.
What I am suggesting is
repercussions. What I've learned in my
career in government is, if there are no
repercussions, then people are less
inclined to be concerned about a law.
I have been following the Value
Adjustment Board process for many years.
The last rewrite of the law, I sponsored
it in Tallahassee and they were all
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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pro-taxpayer initiatives that I put in the
statute. Representative or former
Representative Zapata was there at the
same time. He voted on the same piece of
legislation.
What I'm trying -- what I'm striving
for, and I would hope that this body will
do, is exercise its power as the decision
maker, and not cease, as has been done
sometimes in the past, decision making
authority that you guys, as the Members of
the Board, should take yourselves.
Nothing should happen without this
Board's action or directive. And I think
in the past that may have been happening.
You know, I don't want to talk about
specifics, but I'm excited about this new
Board and what you guys will be doing for
the citizens of this community.
COMMISSIONER BELL: Thank you.
I'm going to make -- yes.
BOARD MEMBER DUARTE-VIERA: Madam
Chair.
COMMISSIONER BELL: Yes, sir.
BOARD MEMBER DUARTE-VIERA: One
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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question to the Property Appraiser.
Are you satisfied with the
factfinding form the way it is today or
would you like to see changes to it?
MR. LOPEZ-CANTERA: The form, as it's
designed, is fine. It's the
recommendation, why the decision was made.
That is what's most important.
And the memo that you got from my
general counsel states what the statute
says as far as what it should contain.
As far as the six or seven examples
that we attached to this memo, those were
six or seven out of a sample of a couple
100. So if 2010 had only 10, I find that
very, very hard to believe, considering
what I've seen just since I've taken
office.
And, again, there are characteristics
that can translate on a property from one
year to the next or for multiple years.
BOARD MEMBER DUARTE-VIERA: Sure.
MR. LOPEZ-CANTERA: And they're
individual characteristics that only the
property owner may know and may bring to
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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the attention of the magistrate when
they're appealing their value. That's why
they're appealing their value, because
they're not satisfied.
My goal is to make sure -- to get
people's values where they should be as
soon as possible. Try and do everything
possible to shorten this time frame, which
historically can take from 12 to
16 months. That is unacceptable, as far
as I'm concerned. And that's why we're
going to be bending over backwards to make
it easier for property owners to get their
answer sooner, and hopefully even before
the TRIM notice goes out, so there's even
no need to file an appeal.
BOARD MEMBER DUARTE-VIERA: Sure.
Thank you.
COMMISSIONER BELL: Thank you.
Let's do this. If all hearts are
clear on this item, let's have -- we'll
work on a piece of legislation to bring
back at the next VAB. We'll reconvene
sooner rather than later, so that we can
vote on the recommendation on how to deal
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with the magistrates who don't properly
comply. So let's do that rather than try
to concoct a piece of legislation right
now.
We'll work on that and then we'll
bring it back at the next VAB meeting to
be voted on and we'll put that right on
the top of the agenda.
Is that okay with everybody here?
BOARD MEMBER CURBELO: Yes. Thank
you, Madam Chair.
COMMISSIONER ZAPATA: Yes, that
works.
COMMISSIONER BELL: That's fine?
Okay. Perfect.
Are there anymore comments or
questions on Item II?
Seeing none, we are voting on the
consideration and adoption of
recommendations of the special magistrates
as written decisions of the VAB for the
remaining uncertified property
assessments, the folios, for tax year
2011.
It's been properly moved and
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seconded. All in favor, say aye.
BOARD MEMBERS COLLECTIVELY: Aye.
COMMISSIONER BELL: Any opposed?
The item carries. Thank you.
Next item is the final certification
of the 2011 tax rolls. That's as to all
assessments initially certified on an
unadjusted basis on October 7, 2011, and
for which hearings were held and special
magistrates' recommendations submitted
prior to May 22, 2013.
Is there a motion for -- yes, yes,
ma'am.
MR. ALFARO: The certificates.
COMMISSIONER BELL: The certificates.
Thank you.
MR. SCHULTZ: Madam Chair, I would
recommend that you adopt the resolution
and then sign it.
COMMISSIONER BELL: Thank you.
Is there a motion for adoption?
BOARD MEMBER DUARTE-VIERA: So moved.
COMMISSIONER BELL: Is there a
second?
COMMISSIONER ZAPATA: I'll second it.
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COMMISSIONER BELL: Any discussion on
these items?
All in favor, say aye.
BOARD MEMBERS COLLECTIVELY: Aye.
COMMISSIONER BELL: Any opposed? The
item carries. Thank you.
Now, such other business as may
properly come before the Board. Is there
any comments or questions before I take
the floor back?
MR. SCHULTZ: Yes, the tax impact
statement. The clerk has prepared a tax
impact statement for the tax year 2011,
which, under the rules, have to be
published. He's passing them out now.
We'd like you to approve that and permit
the clerk to publish it as required by
law.
COMMISSIONER BELL: Are you giving
everybody a copy, to the Board members.
We'll need to make sure that this is
corrected to substitute Carlos Curbelo
from the School Board.
MR. ALFARO: Yes.
COMMISSIONER BELL: Mr. Attorney,
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would you like to give us an explanation
of the tax impact of the value?
MR. SCHULTZ: Yes, the reduction in
County taxable value due to the VAB
actions are 4 billion -- at the bottom,
4,644,444,080. That translates to a shift
in taxes, reduction in taxes, of
94,768,339.00.
COMMISSIONER BELL: Any other
comments?
Is there a motion to approve?
BOARD MEMBER DUARTE-VIERA: So moved.
COMMISSIONER BELL: The item has been
properly moved.
Is there a second? A second?
COMMISSIONER ZAPATA: Second.
COMMISSIONER BELL: It's been
seconded.
Any comments on the summary of this
year's actions on this report?
COMMISSIONER ZAPATA: I have a
question. Is this kind of average?
COMMISSIONER BELL: Go ahead,
Commissioner Zapata, you have the floor.
COMMISSIONER ZAPATA: Is this kind of
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average, these numbers or --
MR. SCHULTZ: As far as I know it is.
COMMISSIONER ZAPATA: I mean, the 94
million?
COMMISSIONER BELL: Mr.
Lopez-Cantera, the floor.
MR. LOPEZ-CANTERA: As a matter of
fact, it's not. In 2009, it was 200
million in reduction in refund of taxes to
property owners.
And then with the 90,000 appeals of
'010 lowers about 5 or 6 billion in value
reduction. So, you know, assess 2% to
that. And then with this reduction of
4.6 billion, the 2% of that.
COMMISSIONER ZAPATA: Can you kind
of, more or less, estimate based on the
amount of folks who will appeal their --
MR. LOPEZ-CANTERA: My calculations
show that 50% -- approximately 50% of
those who appeal are successful.
And if you recall the legislation
that was submitted a couple years back as
far as the 75% prepayment, that 75% was
arrived at, because there was an analysis
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done of what the average reduction in
valuation. And the average reduction
statewide is 25%. That's how that 75% was
applied.
COMMISSIONER ZAPATA: And that
applies to Dade County, the 25%?
MR. LOPEZ-CANTERA: It was a
statewide average.
COMMISSIONER ZAPATA: You know, in
Tallahassee, they always say we're kind of
a little different here, so...
MR. LOPEZ-CANTERA: We definitely
have more appeals than anywhere in the
state. We take longer than anywhere in
the state.
COMMISSIONER ZAPATA: But the
adjustment is more or less the same, you
think?
MR. LOPEZ-CANTERA: Since we're the
majority, if that analysis was based on
what actually happened, I would have
argued that it's probably consistent.
COMMISSIONER ZAPATA: Thank you.
COMMISSIONER BELL: Thank you.
Any further questions? Comments?
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All in favor of supporting the tax
impact of Value Adjustment Board, say aye?
BOARD MEMBERS COLLECTIVELY: Aye.
COMMISSIONER BELL: Any opposed?
And the item carries.
Any other business from the Board
before I speak? I'll speak last.
Thank you.
As we convene for this first time, if
you will, we have new Board members. And
being fairly new to this myself, I thought
I would take a look at the state statutory
requirements and review them in dealing
with the VAB, special VAB of Miami-Dade
County. And I've been listening to
commentary from others on how to conduct
ourselves.
And so I think that I have an item I
would like to bring up. And as a member
of the VAB, it's very, very important that
we have transparency in all of our
processes.
So we have a role here, and our role
as stewards of the public's business
requires no less.
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So the first step, and this is not
personal, this is purely business, I move
that Mr. Schultz, the legal counsel for
the Board, provide a copy of the retainer
agreement or a written summary of any oral
agreements under which you provide
services to the Board, including dates,
terms and amendments. And we'd like to
have that within 30 days.
And, secondly, I move that the Clerk
of the Board or his designee be directed
to prepare for this Board's review an RFP
or an RFQ for the future procurement of
legal counsel for this Board, which Mr.
Schultz is more than welcome to also
participate.
And this RFQ or RFP should include a
proposed retainer agreement to commence
upon the conclusion of any existing
retainer, scope of services and hourly
rate.
In the air of transparency, I'm
understanding that we have not done that
in decades and decades. We've not gone
out to bid. We've not -- we don't have
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any itemized -- it's my understanding we
don't have any itemization.
So, in this air of transparency, with
many of us new, this is what I move.
BOARD MEMBER CURBELO: Second.
COMMISSIONER BELL: There's a second.
Any comments or questions on what I
have moved before us or put on the floor,
put on the table?
All in favor, say aye.
BOARD MEMBERS COLLECTIVELY: Aye.
COMMISSIONER BELL: Any opposed? And
the ayes carry. Thank you very much.
Any further comments? Thank you.
BOARD MEMBER CURBELO: Move to
adjourn.
COMMISSIONER BELL: Move to adjourn.
And that's always in order.
And there's a second from
Commissioner Zapata.
COMMISSIONER ZAPATA: Yes.
COMMISSIONER BELL: Thank you very
much for your service and your time.
(Thereupon, at 2:14 p.m., the meeting
was adjourned).
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CERTIFICATE OF REPORTER
I, Lorena Ramos, National Registered
Professional Reporter and Florida Professional
Reporter, do hereby certify that I was
authorized to and did report the foregoing
proceeding, and that the transcript, pages 1
through 31, is a true and correct record of my
stenographic notes.
DATED this 30th day of May 2013, at
Miami-Dade County, Florida.
_____________________________
LORENA RAMOS, RPR & FPR
COURT REPORTER