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HomeMy WebLinkAboutMinutes 08/26/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING AUGUST 26, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Jim Hartmann Sara J. Fisher Chairman Commissioner Commissioners County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gates opened this meeting by stating the Board should adjourn into Executive Session and asked for a motion to do so. Commissioner Phillips moved to adjourn into Executive Session. Chairman Gates seconded the motion. Commissioner Johnson stated he believed they had discussed issues in a meeting this morning that should be a matter of public record. He stated before adjourning, they should clarify for the public the purpose of the Executive Session. Commissioner Phillips stated she felt the matter could just be discussed. Chairman Gates stated the Board should receive the attorney's advice before further discussing this issue. Chairman Gates called for the question on the motion. Commissioner Gates and Phillips voting aye, Commissioner Johnson voting no. The Board returned from Executive Session. The decision was made to reschedule the Parcel 9 issue on the agenda for next Tuesday, September 3, 1996. At that time they will determine whether the meeting will be open for public record. Commissioner Johnson moved to adjourn from Executive Session. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson stated he felt it was important for the public to understand what they discussed this morning in board pending. Chairman Gates stated he was partly to blame for this in the fact that after many phone calls and visits, he felt he could not sign the Resolution. Commissioner Johnson stated an allegation was made that he had made a deal on this and had discussed this issue with staff beforehand. Commissioner Phillips stated she was confused with this file in the fact that she didn't understand the grading taking place and she stated it was certainly more than grading. Commissioner Johnson suggested they schedule this late in the day, say 6:00 or so. Commissioner Phillips stated she would like to see it around five. Keith Montag, Director of Community Development, stated the agenda is busy but they can certainly find time in the evening. Commissioner Johnson moved to adjourn into "Executive Session". 1 Commissioner Phillips seconded the motion. The vote was declared unanimous. Consent Calendar Commissioner Phillips reconvene with the regular agenda. Commissioner Johnson seconded moved to adjourn from Executive Session and meeting day of the Board of County Commissioner's the motion. The vote was declared unanimous. Chairman Gates stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for weeks of August 26 and September 2, 1996, subject to review by County Administrator B) Approval of payroll for August 29, 1996, subject to review by County Administrator C) Resolution 96-111 and Power of Attorney conferring authority on Attorney's Office to draw on Letter of Credit for John Legg, Letter of Credit No. 195, for $4,000.00, to expire August 29, 1996 D) Joint Funding Agreement between Eagle County and the u.s. Geological Survey for the period of October 1, 1995 through September 30, 1996 E) Resolution 96-112 re-establishing the rate of charge for emergency telephone service F) Intergovernmental Agreements between Eagle County and the Special Districts for the administration and conduct of the November 5, 1996 co-ordinated polling place election and authorization for the Chairman to sign the completed agreements. Commissioner Johnson moved to approve the consent calendar as presented. Commissioner Phillips seconded the motion. The vote was declared unanimous. Abatements Allen Black presented a petition for abatement for Miller Family Partnership, schedule number ROl1673. The Assessor's Office recommended denial as there have been three sales of comparable properties within the neighboring areas during the appropriate time frame. These properties have a sale per square foot range of $245.00 to $370.00. The subject property has a value of $348.00 per square foot. Mr. Black and Mr. Miller spoke and because they came to an understanding on the amenities, there was no reason for another site visit. Mr. Miller, petitioner, stated there are eight fireplaces. He said the statement initially made was that there was a fireplace in every bedroom and there is not. Mr. Miller stated they are in agreement with the number, it is just where they are located. Mr. Miller stated there were matters which were discussed that he is in disagreement with. One of those is the quality of the house. He stated he has pictures of the houses in question and referred to the spread sheet he provided the Board last time. Mr. Black stated this item was tabled to reconcile differences in the inventory but not to open it back up for discussion. Chairman Gates stated they have reviewed this once before. Mr. Miller stated the amount of abatement still needs to be reviewed. Today, he has a letter addressed to each of the Commissioner's and to the 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Assessor as to the amount he is requesting. Chairman Gates asked if that information was previously included. Mr. Gates asked if he would like to submit it into the record. Mr. Miller stated he would. There were no objections from the Board to enter this into the record. Mr. Black stated he was under the impression all that was being submitted was the initial request for abatement. Commissioner Phillips stated in now looking at the pictures she sees the reason for the abatement having now changed. Mr. Miller stated the reason he has added that to the explanation is the valuation of quality is an issue to him. He stated he has not started legal proceedings but as can be seen in the pictures, there are problems that still exist. Commissioner Johnson stated he did not realize that all this was going to be taken into evidence. There is another applicant here and perhaps we can take care of the other individual present. Ms. Berenato stated she understands the Board's concern and Mr. Black's concern and this can be appealed and heard in Denver. She recommends the Board take the time today to table so that this can possibly be solved now. Commissioner Phillips stated she can see this is going to take a little time but would rather hear it now than table for later. She asked about the quality of the home making a difference in the valuation. Mr. Black stated they can discuss this, but what is an issue is whether the damage was in place when the valuation was made on January 1, 1995. Ms. Berenato stated she is pulling a couple of items today to be heard at a later date. These are being tabled to uncertain dates. Commissioner Phillips stated she would like to table this to later today. If they find then they need additional time, they will do it at the end of the day. Ms. Berenato asked when the pictures were dated. Mr. Miller stated they were all taken during this month of August. Commissioner Phillips moved to table schedule number ROl1673, Miller Family Partnership to later in the day. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mary Jo Berenato presented a petition of abatement for Charles McAdam, schedule number 039984. She stated they have asked this be tabled indefinitely as there is an ill family member. Commissioner Phillips moved to table schedule number 039984, Charles McAdam to the next available date. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mary Jo Berenato presented a petition for abatement for Gail Schwinger, schedule number 040588. The applicant has asked this be tabled to a date uncertain. Commissioner Johnson moved to table schedule number 040588, Gail Schwinger. Commissioner Phillips seconded the motion. The vote was declared unanimous. 3 Allen Black presented a petition of abatement for Alyce Shields, schedule number M027372. Alyce Shields was present for the hearing. She stated she was here two months ago for a hearing. Mr. Black stated the matter was tabled for them to go out and visit the property. Mr. Black reviewed his findings having personally visited the property. He referred to a memo to the Board dated August 9, 1996. He spoke with the contractor's who did the work on the roof last spring. He reviewed the valuation by his office of the property. Mr. Black feels the market value of the property is approximately $22,500. The Assessor's Office recommended denial as the taxpayer was not the owner of record in 1995. The taxpayer must have proper standing to file an abatement petition. The first criterion is ownership. Abatement petitions filed for any reason may be considered only for an assessment year in which the taxpayer owned the property. Ms. Berenato asked about Amendment I, corrections to the petition. Mr. Black explained the corrections they made. Ms. Shields stated she feels that Mark Young's assessment is completely inaccurate. She gave Mr. Young the name of the people who did the repair. Ms. Shields stated she looked for governmental assistance and can get $2000 from one entity. The Crawford's will not allow them to build an over roof. The Crawford's will not give her any money for the trailer. She is on Social Security income and barely has enough to get by. Regarding the value of the trailer, Janet Mitchell stated she will give her only $1,000.00. Because it is an older trailer, and the fact the kitchen is not in the trailer, she can get only $1,000.00. Her name has come up for HUD housing. Her space rent may be too much for her to qualify anyway. Mr. Black stated the mobile homes that sold for $12,000 to $15,000 are being taken out of the mobile home park and sold. Commissioner Johnson asked if that was a trade in value. Mr. Black stated no, that is what is being paid whether the unit would stay or move. He stated the mobile home right across the street sold in that range. Ms. Shields stated if she sold her's she would get $1,000. Chairman Gates asked if she could sell it would she? Ms. Shields stated she can't. Mr. Black stated he is telling them the facts and there are comparable units selling between $12 and $15,000. Mr. Black stated Mr. Young is present. Mark Young, appraiser, stated he talked to the contractor and he explained the work he had done. He did not find out when it was done exactly but he did learn it was in the last five years. Mr. Young stated the contractor did the work out of his own pocket. Chairman Gates asked what the taxes are. Mr. Black responded $99.34. Mr. Black stated he understands the personal issues here but he cannot make a ruling based on the personal issues. Ms. Shields stated last year she had to get a court order to get it paid by her husband. Commissioner Phillips asked if Ms. Shields had talked with Social Services. Ms. Shields stated she has, and she is in the process of applying for some financial assistance toward the lot rent. Chairman Gates asked if she has talked with other sales people. Ms. Shields stated she has talked with Adell and with Janet Shields. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Johnson asked Mrs. Fisher stated in 1976 originally placed on the mobile Ms. Berenato referred to a some of the statements made. Ms. Shields stated she cannot leave it there nor can it be rented. Trailer parks will not accept an unapproved trailer. The issue of not renting, is a requirement placed by the park. She asked if her companion could testify about the sales price. Commissioner Phillips questioned the conversation with Adelle as the park manager. Ms. Shields stated they have moved doublewides into the surrounding spaces and that her space is not the same as it was. Further discussion continued on the comparable sales. Commissioner Johnson stated he's stuck on the issue as to whether the persons purchasing these are moving them out or what. Ms. Berenato asked about the fact the lot has gotten smaller, would that make an difference. Mr. Black explained the location of the trailer and the fact if the main body was replaced, it would be a $75,000 property. Ms. Berenato stated the other trailers have encroached on her lot line and that is an issue with the trailer park owners. Commissioner Johnson stated there were not the setbacks in place. Mr. Johnson discussed his view of this issue and questioned the valuation being greater than the original taxable value back in 1976. Mr. Black stated that has no relationship of the market value today. Commissioner Phillips questioned the valuation increasing. Commissioner Johnson stated he questions the valuation of the trailer if it can't be rented and does not meet HUD standards. He would see the value as being less than that. Mr. Black stated that is why they have taken another 30% off. Chairman Gates asked for the Board's direction. Commissioner Johnson moved the Board establish the actual value of $2000 for this particular trailer and abate the difference in the valuation. Commissioner Phillips asked what the assessed value would be. Mr. Black stated the assessed value would be about $200.00. Commissioner Phillips seconded the motion. The vote was declared Mrs. Fisher the taxable home. letter from about the original taxable value. valuable was that value Janet Mitchell and questioned unanimous. Ms. Berenato returned to the Miller property abatement. She referred to the photographs taken and because they were taken after the fact they should not be considered a point of reference for 1995. Chairman Johnson asked about the abatement that was established due to quality of the house. Mr. Black responded that was a decision by this Board. Commissioner Johnson asked what should be excluded. Ms. Berenato referred to the exhibit C and the sale value is not listed. They don't know when these parcels sold and they can only look at sales during the appropriate time. She stated if these are the 1996 values, they cannot be applied. Mr. Miller stated he believes these to be 1995 figures which he got out of the Clerk's records. Mr. Black stated he has the assessments of 1995 for the valuation. He 5 read the specifics into the record. He stated he has 25 different properties. He is not being treated any differently than the other homes there. Commissioner Johnson moved to table #ROl1673 to the next abatement hearing date, to allow the Assessor's office to go back and visit the property. Mr. Black asked if that is the case, he would like Mr. Miller to make the house accessible to them. Mr. Miller stated this is a waste of his time and ours. Mr. Black stated they contacted Mr. Miller about making a time to visit and Mr. Miller stated the inventory was in line. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Black presented a petition for abatement for Earl and Stephanie Glenwright, schedule number 19516. The Assessor's Office recommended an abatement different than requested. Review has determined the property was purchased at a reduced price due to view restrictions. This is putting a previous adjustment in place for 1995. Commissioner Phillips moved to approve schedule number 19516, Earl and Stephanie Glenwright in the amount of $965.72 Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Black presented a petition for abatement for Bermani Properties, schedule number 18337. The Assessor's Office recommended partial approval for over valuation due to a clerical error. Dr. Hoffman could not attend this hearing but agreed to abatements in the amount of $453.20 for 1994 and $497.35 for 1995. Commissioner Johnson moved to approve a partial abatement for schedule number 18337, Bermani Properties as recommended by the Assessor. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Black presented a petition for abatement for Rae Benton, schedule number R039434. The Assessor's Office recommended denial as the petitioner's property was valued correctly, the comparable unit 9-E has been incorrectly valued due to exclusion of the basement area which resulted in an under valuation for that property as compared to the subject. She did not take into account the additional living space over the garage. Commissioner Phillips asked if she understands this. Ms. Berenato stated they have the certified letter receipt as part of the file. Commissioner Phillips moved to deny schedule number R039434, Rae Benton. Commissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until August 27, 1996. Attest: Clerk P4f~dd~ Chalrma 6