STEPHEN P. CLARK BUILDING GOVERNMENT … · (Present) Commissioner Lynda ... you for being here....

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MIAMI-DADE COUNTY COURT REPORTERS, INC. (305)373-5600

1

CLERK OF THE BOARD OF COUNTY COMMISSIONERSSTEPHEN P. CLARK BUILDING

GOVERNMENT CENTER111 N.W. 1st Street, 2nd Floor

Commission ChambersTuesday, April 1, 2014 @ 11:00 a.m.

VALUE ADJUSTMENT BOARD

BOARD MEMBERS(Present)

Commissioner Lynda Bell, ChairpersonCarlos L. Curbelo, School Board

Anibal Duarte-VieraHani Jardack

VAB ATTORNEY

ROBERT WILLIAM TISCHENKEL

COUNTY ATTORNEY'S OFFICE

Jorge Martinez-EsteveAssistant County Attorney

STAFF

Lazaro Solis, Deputy Property AppraiserJoseph Ruiz, General CounselRobert Alfaro, VAB Manager

VAB Staff

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


2

I N D E X

ITEM PAGE

I. Discussion and approval of Request 6For Qualifications to provideFor Legal Counsel to the VAB

II. Appointment of VAB interim counsel 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


3

COMMISSIONER BELL: While we're

waiting on Commissioner Zapata and

Mr. Curbelo, let's just go around the

room, the outside of the room, and

introduce ourselves, so everybody kind of

knows who's in the room.

Good morning.

UNIDENTIFIED SPEAKER: Good morning.

Sorry I'm late.

COMMISSIONER BELL: That's okay. I

tend to start right on the minute.

So we'll start right over here, to my

left.

MR. PUYANIC: Larry Puyanic,

P-U-Y-A-N-I-C.

COMMISSIONER BELL: Welcome. Thank

you for being here.

MS. CLUCKSTON: Good morning. I'm

Amy Cluckston.

COMMISSIONER BELL: Amy, welcome.

MR. MARTINEZ: Mark Martinez.

MS. ELEBY: Debra Eleby, clerk of

courts.

MR. MONTALVO: Bruce Montalvo, clerk

of courts.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


4

MR. TISCHENKEL: Bob Tischenkel, Item

II on your agenda.

COMMISSIONER BELL: Thank you.

MR. GENTRY: Mark Gentry, clerk of

courts.

MS. SINGER: Miriam Singer, Internal

Services Department.

MS. CARDALLEIRA: Maria Cardalleira,

C-A-R-D-A-L-L-E-I-R-A.

MS. PEREZ: Annie Perez, Internal

Services Department.

MS. SCHATZBURG: Josh Schwatzburg.

MR. BECK: Stan Beck.

MS. MEDINA: Melissa Medina.

COMMISSIONER BELL: With my office.

MR. ARIOS: Ruben Arios.

COMMISSIONER BELL: Yes, thank you.

Well, we have four of us present, so

I'm gonna wait just a few more minutes,

'cause we have three members present:

Commissioner Bell, Anibal Duarte, and

Hani Jardack, right?

BOARD MEMBER JARDACK: Yes.

COMMISSIONER BELL: Very good. Thank

you for being here today.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


5

We'll just wait a few more minutes

for our other two.

UNIDENTIFIED SPEAKER: Commissioner,

I just wanted to tell you, I'm just

verifying, since I'm not the lawyer for

the VAB, but I remember reading in the

statute that, unfortunately, there has to

be a school board member present to have a

quorum.

COMMISSIONER BELL: Yes, Mr. Curbelo.

Thank you for that, though. I

appreciate it.

Welcome, Mr. Curbelo.

Now I believe we can start this

meeting. We have a quorum.

So I would like us to go around the

room and introduce ourselves to everybody

that's in the room.

I'm Commissioner Lynda Bell.

BOARD MEMBER DUARTE-VIERA: Anibal

Duarte-Viera.

BOARD MEMBER JARDACK: Hani Jardack.

MR. ALFARO: Robert Alfaro, VAB

manager.

MR. RUIZ: Joe Ruiz, from the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


6

property appraiser's office.

MR. MARTINEZ-ESTEVE: Jorge

Martinez-Esteve, Assistant County

Attorney.

MR. SOLIS: Lazaro Solis, property

appraiser.

BOARD MEMBER CURBELO: Carlos

Curbelo, Miami-Dade County School Board.

COMMISSIONER BELL: Thank you. Thank

you everybody for being here today. I

greatly appreciate it for this maybe not

so exciting things that we have to do.

So the first thing that I'm gonna do,

I'm gonna move Item Number II to be Item

Number I. I'm gonna reverse the order.

We need to -- the first thing we need

to do is appoint the VAB interim counsel.

What had happened is, we had had the

same counsel for well over 30 years and

without ever going out for another RFQ, so

I recommended that we do that.

We voted, and there was a motion, an

approval to go ahead, and go back out to

bid. The attorney that we had for many

years resigned. He has health issues, so

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


7

he resigned. And we really do wish him

well. We wish him the best.

We had hoped that he would stay on

during this entire transition process,

which he did not, so now we're left in a

bit of a vacuum.

We need an interim attorney appointed

really right away so that we can certify

the roll by the end of May. So this is

something in order to conduct our meetings

as well.

So if I say anything wrong, I know

there's attorneys in the room that will

certainly be -- feel free and happy to

correct me.

So the first thing I'd like to do is

appoint the interim counsel for the VAB.

And you have that item in your packet.

I want to say, though, that we're

very happy about this and about getting

someone this quickly.

Robert, would you like to take over

at this time? Would you like to speak up

about this?

MR. ALFARO: Do we have a motion to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


8

appoint Mr. Tischenkel?

COMMISSIONER BELL: I would like a

motion. I'd like someone from the floor

to move that Mr. Tischenkel be appointed.

Would someone like to move that?

And I'd like to hear from

Mr. Tischenkel himself as well.

Is there a motion?

BOARD MEMBER DUARTE-VIERA: So moved.

COMMISSIONER BELL: So moved.

Second.

All in favor, say aye? Any

discussion first?

I would like to say that there was a

negotiation and I greatly appreciated the

negotiation, the way it was negotiated

down. And I greatly appreciate that, from

200 to 175 per hour. And so I greatly

appreciate for working with our VAB.

Thank you, Miriam, for that as well.

Mr. Tischenkel, would you like to say

anything?

MR. TISCHENKEL: I would, thank you

very much. And I appreciate the

opportunity to be able to work with you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


9

for the next three months.

One thing we did not work out, and

it's a notation on the signature page, it

has to do with my malpractice coverage.

The only reason why I'm available to

you is because I closed my office in Key

West, and I'm winding down and I'm taking

a new position in Miami this summer.

So it works out very nicely, except

that the very thing that makes me

available to you also creates a new

problem, such as, I've limited my

malpractice coverage and so I do not have

malpractice coverage to the extent of

requesting it in your standard

specifications.

So I would like you to accept the

malpractice coverage I have, or -- and I

really would never ordinarily ask to do

this, pay for whatever the amount of the

increase.

You require one million dollars per

occurrence. I am one hundred

thousand/three hundred thousand dollar

malpractice.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


10

COMMISSIONER BELL: Okay.

MR. TISCHENKEL: My experience is

that when there's a dispute between

petitioner and property taxes, the Value

Adjustment Board does not pursue it.

COMMISSIONER BELL: Right.

MR. TISCHENKEL: I've never been part

of a lawsuit in all my years I've

practiced.

So may I just request that you accept

my malpractice coverage.

COMMISSIONER BELL: I find that

reasonable.

Miriam, do you have any comment on

that?

MS. SINGER: We recommend that the

Board consider going forward, Madam

Chairwoman, as Mr. Tischenkel advised this

was the one hundred/three hundred

limitation for the three-month term of

this engagement, that is an appropriate

coverage.

COMMISSIONER BELL: Perfect. That's

a recommendation. I would accept that.

Any other comments from the VAB

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


11

members? Comments?

BOARD MEMBER CURBELO: I just want to

commend you, Madam Chair, on your

leadership on this issue. This has really

helped. I think it makes the VAB more

transparent.


I know when I came on, this was kind

of thrown at me. Guess what,

Commissioner, you're pointed to this and

show up. And then when I found out that

we hadn't been activated, I can tell you I

was a little shocked. I was a lot

shocked.

So after we approve this, then we can

talk about the next process.

So anybody wishing to have any more

commentary on the appointment of

Mr. Tischenkel?

Thank you very much for making

yourself available.

MR. TISCHENKEL: One last thing, I

did notice something, but I'll withdraw

it. It has to do with the indemnification

clause. That's not in my best interest,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


12

but then I noticed last night that I

signed the same indemnification clause in

Monroe County, so I'm asking to withdraw

it.

COMMISSIONER BELL: Listen, I have to

tell you, I really appreciate your

availability, because we thought the

smartest thing to do would be to get an

attorney from the new existing VAB,

someone who's very well-acquainted with

the process. And it would be smart on our

part, so that we would have this gap

filled and then we can exercise the

process of going there permanently.

Thank you very much, Mr. Tischenkel,

for availing yourself to us.

Anybody wishing to be recorded no?

Seeing none, welcome aboard.

MR. TISCHENKEL: Thank you.

COMMISSIONER BELL: Would you like to

join us at the table. Thank you very

much.

We now -- everybody, the next item,

which is Item Number I on your agenda,

which is now Item Number II, again to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


13

totally confused you, would be now the

discussion and the approval of the RFQ,

Request for Qualifications, to provide for

Legal Counsel to the VAB.

We will talk a bit. You have this in

front of you. And the process, the VAB is

kind of like the clerk. We can literally

just pick somebody, but I would prefer an

open and transparent process.

I would prefer the RFQ process with

the resulting committee after that, so

that we know that there was a very

thorough bidding of candidates.

And, Miriam, I would like you to

weigh in on this right now.

MS. SINGER: For?

COMMISSIONER BELL: For the packet

that you provided for us. Thank you for

this.

MS. SINGER: Thank you, Madam Chair.

Miriam Singer with the Internal Services

Department.

What we have before you, Madam Chair

and Members of VAB, is a draft request for

qualifications that establishes the ground

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


14

work for a full and open competitive

process based on qualifications from your

attorney.

The term that is proposed for this

particular engagement is two years with

two 2-year options to renew.

The qualifications are set forth in

the document. And if I might draw

attention, starting with Page 4, going

onto Page 5, we have outlined,

specifically the minimum qualifications,

and they are in sync with the state

statute requirements for the

qualifications for the VAB attorney.

The services to provider are also

outlined herein, the role of legal counsel

to the VAB.

Moving onto Page 5 and 6. The manner

in which we recommend that the Board

consider continuing with the competitors

process is on the top of Page 7, under

technical criteria.

These are the relative weights that

are being assigned in the draft

solicitation, with the proposer from

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


15

experience and past performance and

qualifications for lead attorney being 50

percent, or 50 points; relative experience

and qualifications for the back-up

attorney, twenty-five points, and the

proposer's approach to providing the

services requested in this solicitation

and the solicitation is 25 points.

In a traditional request for

qualifications process there is a

committee that is appointed to vet the

responses.

Now, we would request that if this

draft should be approved for issuance by

the Board, that the Board identify who the

members of this VAB member or members are

that would get those proposals to bring it

back to the full Board.

In the event that there is a

requirement for interviews, there are two

options: One involves a resume review and

a proposal review, which is a paper

review, and decisions can be made based on

that review.

Another option might be one that

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


16

includes both the paper review and an oral

presentation or a tribute.

So those are the two options that are

before you, Madam Chair, for

consideration, in terms of, if the

solicitation is approved with any changes

that are made here today, that we would

proceed accordingly. And then that would

result in a recommendation to negotiate

with a firm to be your permanent attorney.

COMMISSIONERS BELL: Very good.

Comments, suggestions from the Board?

BOARD MEMBER JARDACK: I think the

oral review and the paper review would be

maybe -- in my opinion, to be maybe --

would be a good thing.

COMMISSIONER BELL: Okay. I think

also that maybe a selection from this

committee of maybe three members to narrow

it down. Hopefully, we get a lot of

prospects.

So maybe three members would like to

volunteer to be appointed to take a look,

and then narrow it down to the top, let's

say up to five, with either -- rather than

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


17

every one of us going over, let's say

there's 25 or 30, then taking up hours and

hours of interviewing and resumes.

So, I mean, I think that maybe three

of you would be -- and I'd like to see the

school board be a part of this process.

Mr. Curbelo, I really would like to see

you on this.

BOARD MEMBER CURBELO: I would be

honored, thank you.

COMMISSIONER BELL: I would really

appreciate that.

I would prefer not to be on the

committee, unless I can't get the three,

because I think it has to be an odd

number, but I'd like to see the three

members come back with a recommendation of

up to five. Or if you say, you know,

there's really seven or eight that we

really like, then that would be within

your purview to narrow that down and then

bring those recommended finalists back to

this Value Adjustment Board, where we can

have an open process.

Yes?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


18

BOARD MEMBER CURBELO: One question,

Madam Chairwoman, maybe you could offer

some guidance. If the three members were

from this committee, would we be in the

process to be subject to the Sunshine Law?

COMMISSIONER BELL: Yes.

BOARD MEMBER CURBELO: Would it be

preferable to have maybe -- I guess, even

if we appointed members, they would also

be subject --

COMMISSIONER BELL: Everything we do

would be subject, so...

BOARD MEMBER CURBELO: Our meeting

would have to be publically noticed.

COMMISSIONER BELL: Exactly.

BOARD MEMBER CURBELO: I just wanted

to clarify.

COMMISSIONER BELL: Right.

So do you like that suggestion? Is

everybody okay with that suggestion?

Would you two gentlemen be

comfortable being on that?

BOARD MEMBER JARDACK: Well, I think

there's only three of us here, so...

COMMISSIONER BELL: I would be

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


19

honored, if I needed to be, but I would

prefer -- as the Chair, I would prefer not

to be on the selection committee. I would

prefer that it would be three others, and

then come back to the full Value

Adjustment Board for a full proper vetting

of the finalists that you all have chosen.

Are we good with that?

MR. SOLIS: Wonderful. Do we need a

motion?

COMMISSIONER BELL: As Chair, I'll

move it.

BOARD MEMBER JARDACK: So moved.

COMMISSIONER BELL: I'll move that

our three members, which is Anibal

Duarte-Viera, Henri Jardack and Mr. Carlos

Curbelo would serve for the selection of

the finalists.

MS. SINGER: Shall we proceed as

recommended, Madam Chair?

COMMISSIONER BELL: Please.

Any comments or questions on the

competitive process?

It's pretty much standard, from what

I took a look at. It is a standard RFQ

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


20

process with the qualifications. And, I

mean, everything that would fall in the

same cone of silence, the same review,

everything would fall into place with

this.

MS. SINGER: Yes, ma'am.

COMMISSIONER BELL: Yes. So we would

have to be -- as we approve this today,

that means as we walk out this door, we

can have no more discussion on this item.

MS. SINGER: We can't advertise it

today, yes.

COMMISSIONER BELL: Right. Well, I

feel comfortable that whether it's

advertised today or not, that once we walk

out this door today, that we don't discuss

this any further.

So is everybody comfortable with the

process that we have set before us on the

VAB? Any questions or comments?

Is there a motion to approve this

process as presented before us?

BOARD MEMBER DUARTE-VIERA: So moved.

COMMISSIONER BELL: It's been

properly moved.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


21

Is there a second?

BOARD MEMBER JARDACK: Second.

COMMISSIONER BELL: A second.

All in favor, say aye.

BOARD MEMBER DUARTE-VIERA: Aye.

COMMISSIONER BELL: Any opposed?

The ayes carry. Thank you.

So now we have our directions before

us.

MS. SINGER: Thank you very much.


Those are the two items that are on

our agenda. Any discussion items before

we adjourn.

BOARD MEMBER CURBELO: Yes, Madam

Chair. I had sent you a letter requesting

a meeting of the VAB for the school board

to present on the tax collections issue,

and the challenges as posing for the

school district, as well as many other

local governments and probably the County

government as well.

COMMISSIONER BELL: Absolutely.

BOARD MEMBER CURBELO: So I would

appreciate scheduling that.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


22

COMMISSIONER BELL: Mr. Curbelo, the

only thing that we were waiting on was the

VAB attorney.

So now that we have our attorney in

place, I will work on getting a meeting as

soon as possible, as soon as it's humanly

possible and address any concerns.

Let me tell you, I believe it's

within our -- we would share any of your

concerns, because we are all in this

together, and we would share any of your

concerns. We want to make sure that

everything that's done here is done

properly.

BOARD MEMBER CURBELO: Thank you,

Madam Chair.

COMMISSIONER BELL: My pleasure.

Any other comments?

And we'll be in touch with your

office about that meeting date. We'll be

in touch with everybody about meeting

dates. And we would like to do this

meeting as soon as possible, so this

month, preferably this month, within about

a two-week period.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


23

Does that sound good for you?

BOARD MEMBER CURBELO: As soon as

it's feasible for all of us.

COMMISSIONER BELL: Perfect. Well,

we're gonna work on calendering that with

all of you, okay?

BOARD MEMBER CURBELO: Thank you.

COMMISSIONER BELL: Any further

comments?

I would like to thank everybody for

being here. Thank you for being here and

participating with us this morning.

Seeing no more business on this

agenda, this meeting is adjourned.

(Thereupon, at 11:40 a.m., the

meeting was adjourned).

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


24

CERTIFICATE OF REPORTER

I, STACIE I. MOSKOS, Registered

Professional Reporter and Notary Public in and

for the State of Florida at Large, do hereby

certify that I was authorized to and did report

the foregoing proceeding of the Value

Adjustment Board, held on the 1st day of April

2014; and that the transcript, pages 1 through

24, is a true and correct record of my

stenographic notes.

Dated this 5th day of April 2014, at

Miami-Dade County Florida.

STACIE I. MOSKOS, Court Reporter

Date post:	06-Aug-2018
Category:	Documents
Upload:	lytuyen
View:	213 times
Download:	0 times

STEPHEN P. CLARK BUILDING GOVERNMENT … · (Present) Commissioner Lynda ... you for being here....

Documents