Gadsden County, Florida

Value Adjustment Board

September 29, 2022

3:00 p.m.

 

Present:               ERIC HINSON, Commissioner, Chair

                                KIMBLIN NESMITH, Commissioner

                                CATHY JOHNSON, School Board Representative

                                GAY STEFFEN, Real Property Representative

                                LOUIS J. BAPTISTE, VAB Attorney

                                MARCELLA BLOCKER, Deputy Clerk

                                CRYSTAL JIMENEZ, Deputy Clerk

 

Absent:                FREDERICA YOUNG, Commercial Property Representative

 

1.

Call to Order

  Marcella called the meeting to order at 3:00 p.m.

2.

Nominations and Election of Chairman to Value Adjustment Board (VAB)

(Must be a County Commissioner)

  Hinson walked in at 3:01 pm.

Commissioner Nesmith made a nomination to have Commissioner Hinson as chairman for the VAB. Ms. Johnson second the motion.

Passed 4-0

Chair Hinson took his seat as chairman.

3.

Rules of Uniform Procedure-Instructions from VAB Attorney

  Mr. Baptiste spoke and said they received their training materials so that they can attend the online training that is offered by DOR. He said it is doable and long. They have received two petitions and both were received late after the deadline. He confirmed that the TRIM notices were sent on time. It doesn’t stop the analysis that they are on timely. They have to review if they show good cause. VAB has authority to review. Mr. Baptiste read the definition of good cause. First petition was the petition and apology note. Supposed to consider the petition at the time of filing. Not sufficient cause, recommends the board denies it. Subsequently, Mr. Patel provided some attachments of some records. Decide what material will be reviewed.

  Nesmith said he needed clarification. TRIM notices did go out on time. Mr. Baptiste said deadline is Sept. 9. He asked when first docs were received. Sept 12th. Marcella said Sept 13 he called asking if we received petitions and a letter could be sent. She asked him to send an explanation for the board for being late. Nesmith asked about the correspondence on the 12th, because he was 3 days late. Mr. Baptiste clarified. Marcella confirmed August 24th TRIM notices deadline.

  Mr. Baptiste said August 14th on website. Nesmith asked if they could send them before. Ms. Steffen said if appointment was on the 9th, he should have enough time.

  Nesmith asked Mr. Baptiste, when a resident receives TRIM notice and want to contest, do they start with property appraisers’ office first or to the board?

  Mr. Baptiste said once they receive the notice, they can appeal with the board or go straight to circuit court. Nesmith said he’s looking for a reasonable reason why the petitioner did not respond prior to Sept. 9th  . Flight was on August 26 and then returned 8/29. A doctor’s appointment 8/9 which is a month before deadline. Mr. Baptiste said 7/21/2022 seems to be a receipt from emergency center work excuse for his wife. Mr. Baptiste understanding was what was happening in his life. More to support his issues that his wife has migraine issues. Steffen asked what happened on the 23?

  Nesmith asked what’s their options on the first action. Mr. Baptiste whether they review. Secondly, make a motion if there is sufficiency for good cause.

Nesmith asked for the first.

Nesmith made a motion that they did review the information received on the 12 and 13th/ second by Ms. Johnson. Passed 4-0.

Nesmith made a motion/Johnson second that they have not met good cause for the petition. Passed 4-0.

Designate to review the sufficiency for good cause for late petitions.

  Nesmith made a motion that the board designate attorney to be designee to review petitions for good cause/Johnson second. Passed 4-0.

p  Mr. Baptiste said he has reviewed the petition and has determined that the petition has not demonstrated good cause.

  Marcella asked if everything needs to be sent back to him. Mr. Baptiste said just the check.    

4.

Rule Chapter 12-D-9; FAC

·         Chair to announce that the Uniform Rules of Procedure are readily available on the Clerk’s Website.

·         Announce that any and all forms needed to participate in the hearing can be found at the Clerk’s website.

  Rules and trainings are readily available where rules are maintained and necessary to review those rules. Have to operate with the Sunshine. Copy of Sunshine manual is available. 

5.

Florida’s Government in the Sunshine Law

·         VAB meetings are subject to the Florida Sunshine Law.

·         Copy of the Book is in the room.

·         A copy of the book may be obtained from First Amendment Foundation at 336 E. College Avenue, Suite 300, Tallahassee, FL  32301 or by calling 850-222-3518.

·         The book is available for review in the Clerk’s Office, Office of the County Administrator as well as the public library.

 

6.

Discussion of Local Administrative Issues

·         VAB Training, if not completed, is available on the Department of Revenue website.

·         Members will need to become certified and turn in the certificate to the Clerk for the record before Petition Hearings.

  Baptiste went over the bullet points above.

Marcella said everyone should be withdrawing their petitions. Lindsey is still working on one. There were 7 scheduled. 2 confirmed withdrawals.

  Hinson asked about the certificate. Marcella said they need to go through the training and then take the test. Hinson said it depends on the clerk. Marcella said according to DOR everyone needs to take the test. Baptiste recommends that clerk checks with property appraiser to figure out status of pending petitions. Clerk reach out to petitioner by COB tomorrow. Hinson asked if someone could send that information to the board. Depends on the county and less than 75,000 people. Baptiste said he will review it and see which one is required.

  Mr. Baptiste read who is required to take the test. Marcella said this meeting doesn’t adjourn; we recess.  

7.

Adoption and Ratification of the Filing Fee of $15.00

  Nesmith made a motion to adopt and ratify the filing fee/Johnson second.

Passed 4-0.

8.

Discussion and Direction of Late Filed Petition

   Hinson thanked Baptiste for being knowledgeable. Thanked Marcella.

UPCOMING HEARING DATE

                Petition Hearing date is scheduled for October 10, 2022 starting at 9:30 a.m. and a quorum will need to be present.

  Confirmed hearing date.  Will have resolution for chairman to sign.

MOTION TO RECESS

Nesmith made motion/Johnson made second.

Passed 4-0.

Recessed at 3:57 pm.

 

 

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