HomeMy WebLinkAboutMinutes 09/19/94
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
SEPTEMBER 19, 1994
Present: Johnnette Phillips
James Johnson, Jr.
George "Bud" Gates
Jack Lewis
James Fritze
Sara J. Fisher
Chairman
Commissioner
Commissioner
County Manager
County Attorney
Clerk to the Board
This being a scheduled Public Hearing the following items were presented
to the Board of Connty Commissioners for their consideration:
Consent Calendar
Chairman Phillips opened the meeting with the first item on the agenda,
the consent calendar as follows:
01) Bill paying, subject to review by County Manager
02) Contract for haulin;J/loading road base, Colorado River Road
03) County Veterans Offlcer's monthly report, July/August.
Jim Fritze, County Attorney, stated item number two, the contract for
road base, has not been reviewed by the Attorney's Office. He suggested the
Board approve this contract subject to review by County Attorney.
Commissioner Gates moved to approve the consent calendar as presented.
Item number two shall be approval subj ect to review by County Attorney and
the Chairman shall be authorized to sign said contract after approval by
County Attorney.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Eagle County
Jim Fritze stated the Chairman needs to be authorized to sign the
instructions to the title company, concerning the Evancho property, as
discussed earlier with the Board.
Commissioner Johnson moved to authorize
instructions to the title company concerning
Commissioner Gates seconded the motion.
unanimous.
the Chairman to sign said
the Evancho property.
The vote was declared
Resolution, Board of Equalization
Jim Fritze presented a proposed Resolution adopting rules and procedures
for arbitration and appointing arbitrators for appeals from decision of the
1994 Board of Equalization. He stated the arbitrators named in the
Resolution are Robert Arnold, Stephanie Blackburn, Carl Coates, Charles Catz,
Joyce Reed and Dave Reiter.
Commissioner Gates moved to approve the Resolution adopting rules and
procedures for arbitration and appointin;J arbitrators for appeals from
decisions of the 1994 Board of Equalizatlon.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Resolution 94-136, Sopris View Apartments
Jim Fritze presented Resolution 94-136, authorizing the partial release
of collateral for Sopris View Apartments, Phase III, IV & V. He stated the
partial release is in the amount of $12,672.00, Phase IV, reducing the
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collateral to $4,748.00, representing the estimated cost of the balance of
public improvements for Phase IV, $12,672.00 for Phase V, reducing the
collateral to $4,748.00.
Commissioner Johnson moved to approve Resolution 94-136, authorizing the
partial release of collateral for Sopris View Apartments, Phase III, IV & V.
comrrdssioner Gates seconded the motion. The vote was declared
unanimous.
Resolution 94-137, Eby Creek Mesa
Jim Fritze presented Resolution 94-137, second partial release of
collateral for Eby Creek Mesa, Phase I. He stated this matter was tabled as
reports had not been received by the County Engineering Department. He
stated the amount of reduction from $494,991.60 to $325,301.42.
Phil Scott, Engineering Technician, stated the amonnt of reduction is
correct and he has received all reports from the testing. He recommended the
Board approve the partial release.
Commissioner Gates moved to approve Resolution 94-137, second partial
release of collateral for Eby Creek Mesa, Phase I.
comrrdssioner Johnson seconded the motion. The vote was declared
unanimous.
Agreement, Travis Creek
Mary Jo Berenato, Deputy Connty Attorney, presented a Road Improvements
Agreement for Travis Creek II. She stated before the applicant can move
forward, there is a question as to whether the Board will permit paving as
part of the Road Improvements Agreement. She stated the specifications and
plans have not been delivered to Mr. Scott.
Terrill Knight, Knight Planning, stated at the last meeting it was
discussed to proceed with paving rather than wait for collateral on the final
plat. He stated the reclamation bond is small and the cost of asphalt is
high.
Mary Jo Berenato stated Mr. Anderson does not have the authority to bind
the Jouflas's or the Palmers', so there were to be separate agreements.
Phil Scott stated the plans submitted only relate to Mr. Anderson's
property.
Discussion continued on including asphalt into the Road Improvements
Agreement for Travis Creek II.
Commissioner Gates moved the asphalt for Travis Creek II, not be
finished nntil all individuals are brought on line. The Road Improvements
Agreement shall be tabled nntil next week.
comrrdssioner Johnson seconded the motion. The vote was declared
unanimous.
Commissioner Gates moved to adjourn as the Board of County Comrrdssioners
and reconvene as the Local Liquor Llcensin;J Authority.
Commissioner Johnson seconded the motlon. The vote was declared
unanimous.
Gashouse
Earlene Roach, Connty Liquor Inspector, presented a renewal of a Hotel
and Restaurant License with Extended Hours for Gashouse, Inc., dba/Gashouse
Restaurant. She stated there are several items still needed for the file and
those documents need to be approved by Connty Attorney.
Connie Irons, applicant, stated she has those items and presented them
to Bob Loeffler, Ass't. Connty Attorney.
Ms. Roach stated she performed an inspection and all was in order. She
stated the Sheriff's Office reports no complaints or disturbances during the
past year.
Bob Loeffler stated there are some problems with the deed as it is not
in the appropriate name.
Commissioner Johnson moved to table the renewal of liquor license for
Gashouse, Inc., dba/Gashouse Restaurant, until the next liquor license
hearing.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Coyote Cafe
Earlene Roach ~resented a renewal of a Tavern License with Extended
Hours for Diamond Flve Limited, dba/Coyote Cafe. She stated the Sheriff's
Office reported a DUI arrest, the individual indicating he had been drinking
at Coyote, a disorderly occurring at Coyote Cafe and a couple of assist calls
in which the individuals were gone when the Sheriff's Office arrived. She
stated this sonnds like a little bit of over service. An inspection was made
of the premises, one bad bottle of Vermouth was found and voluntarily
discarded.
Chairman Phillips questioned why this matter was previously tabled.
Ms. Roach stated the applicant could not be present at the last hearing.
Mr. Loeffler asked what was being done regarding possible over service.
Kraig Forbes, applicant, stated his Staff has been TIPS trained. He
stated some of the calls requesting assistance where when they were refusing
service to individuals coming to the establishment already intoxicated.
Commissioner Johnson asked if the establishment was still a locals
establishment.
Mr. Forbes answered yes, but the food sales have increased and more
families are coming in.
commissioner Gates moved to approve the renewal of a Tavern License with
Extended Hours for Diamond Five Limited, dba/Coyote, with a statement that
the Commissioners are very concerned with over service and will be watching
all establishments.
Commissioner Johnson seconded the motion.
In discussion, Commissioner Johnson asked the date of the disorderly.
Ms. Roach answered April 1994.
Chairman Phillips called for the question on the motion. The vote was
declared unanimous.
Commissioner Johnson moved to adjourn as the Local Liquor Licensing
Authority and reconvene as the Board of County Commissioners.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Abatements
Allen Black, Eagle County Assessor, presented a petition for abatement,
schedule numbers 030773 and 004010, Cascade Club, Ltd. He stated the only
change being requested is on schedule 030773. The Assessor's Office
recommended approval in part, in the amount of $48,454.19 for schedule number
030773, on the basis the valuation proposed is based on a decision of the
Board of Assessment Appeals in 1992, lowering the value to $3,438,350.00.
Stanton Wagner, Attorney representing the applicant, stated the
petitioner is requesting the value on both parcels be reduced to
$2,286,135.00. He stated this property was sold in 1994.
Mr. Black objected to the sale in 1994 as it is not during the
appropriate time frame.
Mary Jo Berenato, Deputy County Attorney, asked Mr. Wagner about the
break down for the two properties.
Mr. Wagner stated the petitioner believes the valuation for schedule
number 004010 stays as assigned at $212,820.00 and the valuation for schedule
number 030773 should be $2,037,180.00.
Mr. Black stated the valuation placed on that property by the Assessor's
Office is $3,438,450.00 actual value.
Mr. Wagner stated the petitioner purchased the pro!?erty for a total
consideration of $1,032,072.00. He stated he sup!?lied lncome and expense
information for 1990, 1991, 1992 and the informatlon on the purchase in 1992.
He stated this property is extremely difficult to appraise. He related
figures to the Board indicating in his opinion why the property should have a
lower value.
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Mr. Black stated the value proposed is the value fonnd by the State
Board of Assessment Appeals.
Mr. Wagner objected as he believes the Assessor's Office is introducing
evidence not found in the base years being discussed.
Mr. Black stated you can go backward in time for five years, but cannot
go forward at all.
Ms. Berenato stated if there is documentation within the time frame that
is what should be used. However, the Statute does provide a provision that
allows the Assessor's Office to go back in time for five years if needed.
Discussion continued on the valuation of the property.
Commissioner Gates moved, the petition for abatement schedule numbers
030773 and 004010, Cascade Club, Ltd., the Board approve in part and denial
in part as recommended by the Assessor's Office.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule numbers
R032764, 030397 and R032763, George Jouflas. She stated the petitioner has
submitted leases showing the property being leased for grazing purposes
during the time frame required.
Mr. Black stated his appraiser has indicated he would not concur to
change the valuation on the property.
Ms. Berenato stated Mr. Lewis has indicated to her that if Connty
Attorney fonnd the leases to be appropriate he would concur. She suggested
the Board table this matter until Mr. Lewis can be present.
Commissioner Johnson moved to table the petition for abatement, schedule
numbers R032764, 030397 and R032763 in order to obtain a recommendation from
George Lewis, appraiser.
Commissioner Gates seconded the motion. The vote was declared
nnanimous .
Mary Jo Berenato presented a petition for abatement, schedule numbers
040299, 040301, 40409 and 040303, Faith Partners.
Wendell Porterfield, representing Faith Partners, stated he did not
receive the letter about the hearing until today and stated the petitioner
agrees with the recommendation from the Assessor.
Commissioner Gates moved to approve schedule numbers, 040299 abatement
of $1,042.15, schedule number 040301 abatement of $1,088.07, and 040303
abatement of $1,321.23.
commissioner Johnson seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement schedule numbers
31697, 31698, 31699, 31700, 31701, 31702, 31703, 31704, 31705, 31706, 31707,
31708, 31709, 31710, 31711 and 31722, Margin F. Poer and Company, East West
Properties, Ltd.
Joe Manza, representing the petitioner, was present for the hearing.
Allen Black stated these properties are the commercial units at the
Hyatt in Beaver Creek. He stated the petitioner is asking for an abatement
in the amount of $79,871.69. The Assessor recommended partial approval in
the amount of $34,667.10 as these are commercial units for Beaver Creek.
Joe Manza asked if the property was valued on a disconnted cash flow.
He stated the value for 1994 was sllghtly lower than the current value.
Mr. Black explained the valuation on the property.
Mr. Manza stated he would be willing to accept the Assessor's
recommendation for the property.
Commissioner Johnson moved to partially approve the petition for
abatement in the amount of $34,667.10 for East West Properties, Ltd., Margin
F. Poer and Company, schedule number read by County Attorney.
commissioner Gates seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule number
30894, Leo Palmer.
Joe Manza, representing the petitioner, stated he accepted the
Assessor's recommendation.
Allen Black stated this petition was barred from review and the
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEl'S 387869
Assessor's Office recommends the petition be denied.
Commissioner Gates moved to deny the petition for abatement, schedule
number 30894, Leo Palmer.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule number
012376, Vail Holdings, Inc.
Allen Black stated this property is the West Vail Mall. The Assessor's
Office recommended a partial approval, for 1992 the recommendation is denial
and for 1993 approval of $16,147.07, based on the income approach.
Joe Manza, representing the petitioner, accepted the Assessor's
recommendation and thanked the Assessor for taking a second look at the
property and their recommendation.
Commissioner Johnson withdrew from voting as he is a resident in the
establishment.
Commissioner Gates moved to partially approve schedule number 012376,
Vail Holdings, Inc., 1992 petition denied and 1993 petition approved in the
amount of $16,147.07.
Chairman Phillips seconded the motion. Of the two voting Comrrdssioners
the vote was declared nnanimous. Commissioner Johnson had withdrawn from
voting.
Mary Jo Berenato presented a petition for abatement, schedule number
10765, Lodge Properties, Inc.
Allen Black stated the petitioner is requesting an abatement in the
amount of $9,616.22. The Assessor recommended denial as the valuation is
correct.
Joe Manza, representing the petitioner, stated the contention was where
the capitalization rate would have been set for the property.
Commissioner Johnson moved to deny schedule number 10765, Lodge
Properties, Inc., as recommended by the Assessor.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule number
40409, The Boarders.
Allen Black recommended the Board approve partial approval in the amount
of $21,466.03 as the property is a vacant tract being held for future
development.
Commissioner Gates moved to partially approve a petition for abatement
for schedule number 40409, The Borders, in the amount of $21,466.03, as
recommended by the Assessor.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Ms. Berenato presented a petition for abatement, schedule number
R019719, Dawn H. Stone-Mullin. She stated this petition was offered as a
stipulation and never returned to the Assessor's Office.
Allen Black stated the petitioner did file a 1994 appeal.
Dawn H. Stone-Mullin, petitioner, stated she sent two letters, one of
which was 1993.
Ms. Berenato stated the Board had the March 1994 letter. She ask the
petitioner what she was requesting.
Ms. Stone-Mullin stated she has tried to come up with the Assessor's
figures and would like to know how the values are arrived at.
Mr. Black stated the actual value being protested is $62,660.00 and is a
vacant lot in Singletree.
Ms. Stone-Mullin stated the lot is very steep and has a forty foot road
easement.
Further discussion followed on the petition for abatement.
Commissioner Johnson moved to table the petition for abatement, schedule
number R019719 to allow review between the Assessor's Office and the
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petitioner.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule number
R022946, Todd Miller.
Allen Black stated he spoke with the petitioner who is concerned with
property taxes increasing yearly. He recommended denial as the valuation is
justified for the time !?erlod.
Todd Miller, petitloner, stated he is concerned with property taxes but
understands the valuation placed on the property.
Commissioner Gates moved to deny the petitlon for abatement, schedule
number R022946, Todd & Linda Miller, as recommended by the Assessor.
commissioner Johnson seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule number
0025891, Town of Basalt.
Sherry Caloya, representing the Town of Basalt, stated this matter has
been tabled on two occasions. She requested an abatement for the eight years
requested on the petition.
Karen Schaffer, Deputy Treasurer, read a letter into the record from
Sherry Brandon, Eagle County Treasurer, as she could not be present at this
hearing.
Mary Jo Berenato asked if the petitioner was asking for an abatement for
the years 1986 through 1993.
Ms. Caloya answered that was correct. She informed the Board the first
tax notice the developer received was in 1986. There were no notices sent
before that time. She related the developer protested the valuation, the
County did not respond and everyone felt the matter had been taken care of.
Commissioner Johnson stated case law stated the property must be deeded
in order to be tax exempt.
Ms. Caloya stated this pro!?erty has always been a !?ark.
Allen Black stated the petltioner received tax notlces every year from
1986. He stated the only conversation known by the Assessor's Offlce to be
held between Staff and the petitioner was three years ago. He stated the
Assessor's Office recommends an abatement for 1993, in the amount of $59.06,
and all other years be denied.
Discussion continued on the petition of abatement for the Town of
Basalt.
commissioner Johnson moved to approve in part an abatement in the amonnt
of $59.06, for 1993, schedule number 0025891, Town of Basalt.
Commissioner Gates seconded the motion. commissioners Gates and Johnson
voting yes, Chairman Philli!?s abstained as she was not present for the
discusslon at the last hearlng.
Mary Jo Berenato presented a petition for abatement, schedule number
P020155, Douglas Sandstead.
Allen Black stated there has been no evidence presented to show this
establishment was inactive. The Assessor's Office recommended denial.
Commissioner Gates stated a letter was delivered today indicating the
business was inactive durin;J the current protest years.
Mr. Black stated a bUSlness is taxable until it is exempt.
Commissioner Gates moved to deny the petition for abatement, schedule
number P020155, Douglas Sandstead, as recommended by the Assessor.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule number
P030077, 1985 Merker Family Trust.
Allen Black stated the petitioner has requested this matter be tabled to
January 1995, so they may attend the hearing.
Commissioner Johnson moved to table schedule number P030077, 1985 Merker
Family Trust.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Mary Jo Berenato presented a petition for abatement, schedule number
R004895, Vail Enterprises Partnership.
Allen Black stated this property is in the Cascade Crossing Mall in
Vail. He stated the petitioner is not present at the hearing but is
requesting an abatement as the income approach cannot support a value larger
than $1,050,000.00, and is requesting a refund in the amount of $9,729.00.
The Assessor's Office recommended denial.
Commissioner Johnson moved to deny the petition for abatement, schedule
number R004895, Vail Enterprises Partnership.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Mary Jo Berenato presented a petition for abatement, schedule number
0629153, Climax Molybdenum Company. She stated the Attorney's Office
contacted the summit County Surveyor concerning the legal description. She
stated this is a hugh project and she anticipates receiving the information
within thirty days and suggested the Board table this matter.
Commissloner Gates moved to table schedule number 0629153, Climax
Molybdenum Company for sixty days.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Commissioner Gates moved to adjourn as the Board of County Commissioners
and reconvene as the Board of Health.
Commissioner Johnson seconded the motion. The vote was declared
unanlmous.
Board of Health
Kathleen Fornash, Director of Social Services, spoke to fees for health
services.
Phillip Freedman, County Health Officer, spoke of his role as County
Health Office. He stated once Health Insurance was introduced after World
War II, costs of health care became a trillion dollar a year industry. He
spoke to HMO's and the cost of medical care for each covered life.
commissioner Gates stated in the past there has been thoughts that maybe
the Public Health Nurse was not needed, but now there is a turn aronnd that
hospital stays, etc. may not be as necessary as the Public Health Nurse. He
questioned Eagle County's role in Home Health Care.
Ms. Fornash stated the reason for the hearing today is to let the Board
know that in the next two or three years there will be major changes in the
Health Care Program.
Commissioner Johnson asked if Dr. Freedman had attended the meetings in
Beaver Creek, Colorado Medical Society.
Dr. Freedman stated the Colorado Medical Society is not doing much at
the current time.
Commissioner Johnson asked if the incoming physicians were coming in as
general practitioners.
Dr. Freedman answered absolutely and stated there is a shift towards the
emphasis of primary care.
Discussion continued of health care.
Becky McCauly, Nursing Services, spoke to prenatal and WICK programs.
She stated this program is 185% of poverty. She presented a handout for the
Board's information and discussed the programs.
Commissioner Johnson stated for every dollar spent in WICK there are
$3.00 saved.
Jenny Ward, Nursing Services, thanked Commissioner Johnson for
mentioning death acceptance. She stated that is what Public Health Nursin;J
is all about. She stated they are here to prevent and promote the preventlon
of disease.
Sarah Shepper, Nursing Services in EI Jebel, spoke to child health
services. She stated public health is for everyone.
Commissioner Johnson asked when Nursing Services started charging fees.
Ms. Shepper answered approximately four to five years ago.
Ms. Fornash spoke to the immunization program and stated Susan will be
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asking for a proclamation from the Board at a later date.
Chairman Phillips questioned the free flu shots.
Ms. Shepper stated those will be ;Jiven at the end of October.
Ginny Wahre, EPSDT, stated there lS not a duplication in services
between Nursing Services and physicians. She stated EPSDT means Early
Periodic Screening Diagnose and Treatment. She stated it is the only
prevention nnder the Medicaid Program. She explained the program to the
Board.
Joan Maxwell, Nursing Services, spoke to home health care and stated she
made 760 visits last year for adults.
Discussion continued on the programs through Eagle Connty Nursing
Services.
Commissioner Johnson moved to adjourn as the Board of Health and
reconvene as the Board of Equalization.
commissioner Gates seconded the motion. The vote was declared
unanimous.
Abatements
Mary Jo Berenato presented a petition of abatement, schedule number
P022996, Phillip & Deanna Albri;Jht.
Allen Black recommended thlS petition be denied unless the personal
property declaration is filed with the Assessor's Office.
Ms. Berenato stated there are three rulings, two do not a!?ply to this
petition, however the third is that the Assessor's representatlve presented
comparable sales which support the reason for denial.
Comrrdssioner Johnson moved to deny the petition for abatement, schedule
number P022996, Phillip and Deanna Albright, because the Assessor's
representative presented comparable sales or other evidence that supported
and the balance out weighed the evidence presented by the petitioner.
Commissioner Gates seconded the motion. The vote was declared
nnanimous .
There being no further business to be brought before the Board the
meeting was adjourned until September 20, 1994.
Attest:
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