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HomeMy WebLinkAboutMinutes 07/22/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JULY 22, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Sara J. Fisher Chairman commissioner Commissioner Clerk & Recorder This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Gates stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for the week of July 22, 1996, subject to review by County Administrator B) Approval of the Eagle Board of County Commissioners meeting minutes for May 14, 1996 through June 18, 1996 C) Approval of Grant Award for the Juvenile Jail Removal Program D) Approval of the Agreement between Eagle County and Colorado Department of Human Services for Eagle County Health and Human Services to provide services for eligible children E) Approval of the Change Order Letter No.1, between Eagle County and Colorado Department of Public Health & Environment, increasing the amount of Contract EP19605124 for eligible services for the State Immunization Program to $37,427.00 F) Approval of Agreement between Eagle County and Alpine Bank for payroll direct deposit services G) Resolution 96-96, concerning appointments to the Junior Livestock Sales Commission H) Ap~roval of agreements between Ea~le County and various individualsjentlties for entertainmentjconcesslonsjjudging at the 1996 Eagle County Fair & Rodeo: a)Armadillo productions Services, audio lighting & labor for July 27, 1996 performance b)The Riders-August 1, 1996 performance c)Skyline Talent & Events, Inc, and Abbie Lawrence, August 2 & 3, 1996 performances d) Eagle Valley Chamber of Commerce, concession selling alcoholic beverages e)Crescent Enterprises & Bob Haworth, August 2 & 3, 1996 performances performance f)Barbara Ficke, 4H Clothing & Fashion g)Tonya Frederick, 4H Horse Show h) Derringer, July 27, 1996 performance i)Skyline Talent & Trespasser, August 3, 1996 performance j)Skyline Talent & Masterson & Blackburn, August 3, 1996 k)Eagle Valley Wrestling Club, concessions I)Sunflower the Clown, August 4, 1996 entertainment m)CampbelljHansmire, stock for August 1-4, 1996 performances n)Eagle County Junior Livestock Sales Commission, Inc., junior livestock auction. Commissioner Johnson stated he wanted to discuss item H because as he believes there were too many items under one designation. Jim Fritze, County Attorney, stated item #4 was approved and signed previously. Each item in H is to be delineated by letters with #Hd being pulled. Commissioner Johnson moved to approve the consent calendar as presented. Commissioner Phillips seconded the motion. The vote was declared unanimous. 1 Final Settlement, Bogue Construction Brad Higgins, Road & Bridge Supervisor, presented final settlement for Bogue Construction Company for gravel hauling. James Fritze stated final settlement was published and no claims have been received. Commissioner Phillips moved to approve final settlement for Bogue Construction Company, as recommended by Staff. Commissioner Johnson seconded the motion. The vote was declared unanimous. Final Settlement, Vaughn Construction Mike Bradley, Buildings & Grounds Supervisor, presented final settlement for Vaughn Construction Company for construction of the Northwest Shop. He stated the project went well and is recommending approval. James Fritze stated notice was published and no claims have been received. commissioner Johnson moved to approve final settlement for Vaughn Construction, as recommended by Staff. commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 96-97, Conferring Power of Attorney James Fritze presented Resolution 96-97, conferring authority for the Attorney's Office to draw on letters of credit for Ewing Construction. He explained the Resolution to Board. commissioner Phillips moved to approve Resolution 96-97, Conferring Power of Attorney and authorizing the Attorney's Office to draw on letters of credit in the amount of $2,250.00. Commissioner Johnson seconded the motion. The vote was declared unanimous. Auditor's Report Allen Sartin, Finance Director, presented the Auditor's Report on the 1995 audited financials. He explained the report to the Board and introduced Mike Nelson, Auditor. Mike Nelson stated they performed the audit and introduced the report they completed. Mr. Nelson pointed out these are the County's financial statements. He stated they did not find anything they believe indicated any improprieties. He referred to page 15 and the auditor's report. Under the Federal Financial Assistance tab there are seven other reports because of the federal monies the County receives. Mr. Nelson further explained the report and the management letters submitted to the County. He stated he was open to any questions before the work session is to begin. commissioner Gates asked if there are suggestions they may have of things that can be done better. Mr. Nelson stated there are some suggestions which Mr. Sartin is addressing. He explained some of those suggestions. Chairman Gates asked if there are ways to simplify the process. Mr. Nelson stated there is really no way to do so. The reguirements and the standards that must be met are what guide the process. He lndicated it will actually become more specific. Chairman Gates stated the amount of paper is overwhelmin~. Mr. Nelson stated they are talking about some consolidatlon issues and everything will move to any accrual basis. He stated Eagle County is already in compliance with many of the upcomin~ changes. Mr. Allen stated many of the requlrements are imposed by federal and state government and ballot questions like TABOR. The governing body is trying to give a unifonn acceptable way to achieve the standards set. Commissioner Johnson moved to approve the Auditor's Report on the 1995 Audited Financials. commissioner Phillips seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 St. Clare of Assisi Parish proj ect Ray Merry, Environmental Health Officer, stated the next item on the agenda was a hearing to determine c01Tl!?leteness of the application for a 1041 pennit to extend water and sewer servlces to the St. Clare of Assisi Parish project site on Squaw Creek Road and U.S. Highway 6. Staff recommended the Board find the application complete. The estimated fees for processing, which are subject to change, are $980.00. Commissioner Phillips moved to find the application complete for the St. Clare of Assisi Parish and establish the estimated fees at $980.00. Commissioner Johnson seconded the motion. The vote was declared unanimous. Abatements Mr. Fritze stated #E has been pulled at the applicant's request. Allen Black, Eagle County Assessor, presented a petition for abatement for Blair and Diane Bakken, schedule number R018865. The Bakken's stated they had ten head of sheep but Mr. Black does not believe it qualifies them as agricultural. He stated they should have the residential classification for 1995. The Assessor's Office recommended partial approval in the amount of $502.94. Dianne Bakken, petitioner, presented copies to the Board for their review. She stated the letters are those she has written to the Board. She also enclosed a copy of the 1995 notice of tax evaluation. She pointed out the location on the fonn she received and related the printer was apparently out of alignment. Thus she did not question it until this year. Ms. Bakken further explained the items she presented to the Board. Commissioner Johnson moved to table schedule number R018865, Blair and Diane Bakken until later in the day. Commissioner Phillips seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for the Miller Family Partnership, schedule number ROl1673. The Assessor's Office recommended denial. Rodney G. Miller, representing the Miller Family Partnershi~ stated he has done alot of work on this analysis and has met with an ap~ralser in Avon who complimented his work. Mr. Miller stated he looked at thlS as objectively as possible. He introduced some info:rmation to the Board for their review. He also included an exhibit "C" which summarizes the spread sheet. Mr. Miller reviewed Exhibit "A" and explained his method of calculation. He summarized his findings in exhibit "C". He believes his house is being valued at 33% more than comparable houses. Mr. Miller showed the location of the homes used in comparison on the map marked exhibit "B". Allen Black suggested from reviewin~ the map and the spreadsheets, the lot is on a corner and therefore not an lnterior lot. Mr. Miller stated they cannot ski in/ski out. Mr. Black asked about the down slope of their unit and the fact it allows for a walk out basement. He showed the commissioners photos. Mr. Black also indicated the adjacent property to the north is the only large open space tract. Mr. Miller stated it is for sale. Mr. Black corrected him. He stated that it provides them with a larger backyard, shared with others. Mr. Miller stated they don't have the benefit of the open space because they don't look on the area. Commissioner Phillips asked if there is a fence. Mr. Miller stated no. There is a creek that runs part of the year. Mr. Black also questioned the traffic concern and the junction of two roads. Mr. Miller stated they have ~eople driving through all of the time even though it is signed. He stated wlth Strawberry Park there will be thirty or 3 more houses using that road. Mr. Black asked if that will effect all of the houses. Mr. Miller stated it will not adversely effect any of the other homes he used in the comparison. Ron Kautz, Appraiser, stated they reviewed three comparable sales which were used. He explained their process to the Board. Mr. Kautz stated he and Mr. Miller agreed this is a excellent example of a custom home. He pointed out the sales on the map they used for comparable values. Mr. Miller commented the Assessor's have used total cost per square foot. He believes the building cost appraisal is what is incorrect. He is not quibbling with the land value, he agrees with that. The total cost includes the land. Mr. Miller sated the first 5000 square feet costs more than the next 4000 square feet. Mr. Miller stated they don't have fireplaces in every bedroom. He does not believe the construction quality is as good as many of the houses in the area. Mr. Black stated they used three comparable sales in the area. There is a sliding scale that they use. He believes this is a fair valuation on this house. Mr. Miller again stated that when looking at the building tax evaluation he is being treated unfairly. Mr. Black pointed out on his exhibit A, though he is only concerned with the value of the house, his full argument takes into consideration the value of the property. Commissioner Phillips noticed his house is about twice as much as any of the other houses except for the one that is 5,000 square feet bigger. She went on to review the figures. Commissioner Johnson asked about the fire places in each of the bedrooms. Ron Kautz stated he counted eight bedrooms and ei~ht fireplaces. Mr. Miller stated they have three bedrooms with flreplaces. He stated they have four fireplaces in common areas. Mr. Black stated they visited the property in 1993 and show one good fireplace and seven average fireplaces. Mr. Miller said they have one fire~lace in the lockoff. Commissioner Phillips asked how thlS effects the valuation. Mr. Kautz explained the example of the bedrooms and fireplaces is an example of the excellent construction. Commissioner Johnson moved to table schedule number ROl1673, Miller Family Partnership for further investigation by the Assessor's office to August 26, 1996. Commissioner Phillips seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Carl Hampton, schedule number 029420. The Assessor's Office recommended partial approval for 1995 in the amount of $1,628.83. The applicant is appealin~ for 1996. Commissioner Phillips moved to partially approve the petitlon for abatement for Carl Hampton, schedule number 029420, as recommended by the Assessor in the amount of $1,628.83 for 1995. There is no abatement at this time for 1996. Commissioner Johnson seconded the motion. The vote was declared unanimous. The Board returned to the Bakken property. Mr. Chapin stated they question whether the property was actually used agriculturally for the two years prior. He stated in 1991 the property was leased. In 1992 through 1993 Piney Valley entered into a lease agreement. In 1994 that lease arrangement ended. The petitioner'S did obtain in late 1993 or in 1994, livestock and they retained the same numbers in 1995. They added livestock in 1996. The scope of the operation in his mind is more of a hobby operation than true a$"ricultural land. Mr. Black stated this lS part of Horse Mountain Ranch and this decision effects the entire area, not just this pro~erty. Chainnan Gates stated the amount of llvestock is determined by the amount of rain. Commissioner Phillips noted the petitioner filed schedule F in 1994 and in 1995. She believes all of the proof is towards agricultural. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Johnson stated by reviewing the schedule F, they must be true ranchers by the loss of income. Commissioner Johnson asked the Assessor's Office what the abatement would be if it is classified as agriculture. Mr. Chapin responded they do not have those numbers here. Chairman Gates stated he would rather error on the side of the petitioner. Commissioner Johnson moved to approve the agricultural designation for R018865. He asked the Assessor's Office to provide them with the actual abatement amount. Mr. Black stated they would have that by next week and they will send the petitioner a coPY' Commissioner Phlllips seconded the motion and the vote was declared unanimous. Allen Black presented a petition for abatement for Charles McAdam, represented by Tim Disco, schedule number 039984. Mr. Black stated there was an abatement in 1995 for 1994. The petition was not appealed to a higher level. Mr. Disco stated he would like to table this because he thought they would be arguing a different issue. The Assessor's Office had recommended denial. Commissioner Phillips moved to table schedule number 039984, Charles McAdam, to August 26, 1996. Commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Jeanne McKenzie Bailey, schedule number 008840 asking for an abatement for 1994. The Assessor's Office recommended denial. They have presented three comparable property sales within their time frame. Mr. Black explained their assessment. Mr. Black stated Mr. Disco is representing Ms. Bailey. Mr. Disco referred to the petition and stated the 1995-96 $4,381,500. 1994 was a total $4,423,790. The later valuation being lower than the 1994 valuation. He stated properties in this area all increased between 10 to 40%-. Mr. Black questioned Mr. Disco's presentation. Mr. Disco stated again there was a drop in valuation. Mr. Black stated 1991 and 1992 sales do nothing to valuate the property. Commissioner Johnson moved to deny schedule number 008840, Jeanne McKenzie Bailey, as per the Assessor's recommendation. Commissioner Phillips seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Trach-Locke, Inc. schedule #P02634. The petitioner is asking for complete abatement because the property is used for employees. Mr. Black stated their office is recommending denial. Commissioner Phillips moved to deny schedule number P02634, as per the Assessor's recommendation. Commissioner Johnson seconded the motion for discussion. In discussion, Commissioner Johnson questioned the use of the property. Mr. Black stated the property is used as a perk for the employees for her company. Mr. Black stated it saves them from renting space for their employees. Chairman Gates called for the question on the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Brent Boren, dba/Silver Cowboy, schedule number P021892. The Assessor's Office recommended denial as the petition was submitted after the allotted time. Commissioner Johnson moved to deny schedule number P021892, Brent Boren, dba/Silver Cowboy as recommended by the Assessor. Commissioner Phillips seconded the motion. The vote was declared 5 unanimous. Mr. Black pointed out that this lS the third time that the Havener abatement has been postponed. Underground Storage Tanks Ray Merry presented a request to remove the underground storage tanks in Basalt. Commissioner Phillips moved to approve the Inc. to remove the storage tanks and to approve commissioner Johnson seconded the motion. unanimous. contract with Roy F. Weston, the signing by the Chairman. The vote was declared There being no further business to be brought before the Board the meeting was adjourned until July 23, 1996. ~Q- Attest: /i:LJ C er 0 t Hoar1f:- -e!~~j!-# 4 Chal 6