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".
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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
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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.
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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.
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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
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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
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Chalrma
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