Loading...
HomeMy WebLinkAboutMinutes 11/12/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 PUBLIC HEARING NOVEMBER 12, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Jim Hartmann Sara J. Fisher Chairman Commissioner Commissioner 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: 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 November 11, 1996, subject to review by County Administrator B) Pre-annexation Agreement between Eagle County and the Town of Gypsum for annexation of the Airport, North side C) Annexation Agreement between Eagle County and the Town of Gypsum for annexation of the Airport, South side D) Signatory authorization and certification application to enroll Eagle County Regional Airport in the FAA's Electronic Clearing House Operation for federal reimbursements E) Application to the Bureau of Land Management for land for recreation or public purposes, a storage and maintenance facility to house personnel, equipment and materials for the Eagle County Road & Bridge Department F) Agreement regarding provision of Farm Satellite Offices G) Agreement to renew the Agreement with Eagle County Nursing James Fritze, County Attorney, the South side. Chairman Gates asked about the annexation of the area involving the National Guard. James Fritze explained there are two items; the sewer system and the town sales tax. He explained the issues. Commissioner Johnson moved to approve the consent calendar as presented. Commissioner Phillips seconded the motion. The vote was declared between Chamberlin Architects and Eagle County professional services for the renovation of the Tree Jail Medical Services. clarified the Care and Health Services annexation in item C is for unanimous. Plat & Resolution Signing Kathy Eastley, Planner, presented the following plats and resolutions to be signed by the Board: 5MB-00014, Spruce Tree Lodge. She stated this was a Minor Type B Subdivision, a condominium map to create 22 condominium units in the 1 Arrowhead at Vail PUD. Commissioner Johnson moved to approve file number 5MB-00014, Spruce Tree Lodge. Chairman Gates seconded vote was declared unanimous. full presentation. the motion. Of the two voting Commissioners the Commissioner Phillips was not present for the 5MB-00016, Riverwalk at Edwards, Phase S. She stated this was a Minor Type B Subdivision, a request to subdivide Tract A, future development area, to create Lots 6 & 7 and related easements. Commissioner Phillips moved to approve file number 5MB-00016, Riverwalk at Edwards, Phase 5. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson asked which is tract A. Ms. Eastley responded they originally subdivided the whole area and now they are coming back to resubdivide the lots. Chairman Gates called for the question on the motion. The vote was declared unanimous. 5MB-00020, Crystal Building Condominiums, First Supplement. She stated this was a Minor Type B Subdivision, a supplement to the Condominium Map for the Crystal Building located on Lot 5 in the Riverwalk at Edwards PUD. The intent of this plat is to resubdivide units C-101 through C-105 and C-106. Commissioner Johnson moved to approve file number 5MB-00020, Crystal Building Condominiums, First Supplement. Commissioner Phillips seconded the motion. The vote was declared unanimous. 5MB-00018, E1khorn Lodge, Phase II. She stated this was a Minor Type B Subdivision, the second phase of a condominium map to create lots 50A and 50B. This plat does contain a duplex split caveat. Commissioner Phillips moved to approve file number 5MB-00018, Elkhorn Lodge, Phase II. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5MB-00023, The Homestead, Filing 3, Lot 50. She stated this was a Minor Type B Subdivision, a duplex split of lot 50 to create lots 50A and 50B. This plat does contain a duplex split caveat. Commissioner Johnson moved to approve file number 5MB-00023, The Homestead, Filing 3, Lot 50. Commissioner Phillips seconded the motion. The vote was declared unanimous. TC-00004, Cordillera Subdivision, Filing 24. She stated this was a correction plat with the intent to correct mathematical errors which occurred on the Final Plat for the Bearden Parcel in Cordillera. Commissioner Phillips moved to approve file number TC-00004, Cordillera Subdivision, Filing 24. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 96-14S, file number 1041-0001, Eagle River Water & Sanitation District. She stated this was a resolution for the approval of a 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 permit to permit construction of a wastewater collection system to serve West Edwards. This matter was heard by the Board on October 15, 1996. Commissioner Johnson moved to approve Resolution 96-145, file number 1041-0001, Eagle River Water & Sanitation District and file number 1041-0001, Eagle River Water & Sanitation District. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 96-146, file number LUR-021-96, Resource Zone District Definition of Recreational Facility. She stated this was a resolution for the denial of a Land Use Regulation Amendment request to add the sales and service of motorized recreational vehicles within the Special Use of Recreational Facilities. This file was heard by the Board on October 29, 1996. Commissioner Phillips moved to approve Resolution 96-146, denying file number LUR-021096. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 96-147, file number TH-00001, Brad Stiles Temporary Housing Permit. She stated this was a resolution for the approval of a temporary housing permit located at 8831, Colorado River Road, within the Resource Zone District of Eagle County. This file was heard by the Board on November 4, 1996. Commissioner Johnson moved to approve Resolution 96-147, file number TH- 00001, Brad Stiles Temporary Housing Permit. Commissioner Phillips seconded the motion. The vote was declared unanimous. Contractor, Eagle Courthouse Mike Bradley, Building & Grounds Supervisor, stated there are two contractors able to renovate the old courthouse building. Those are Hyder Construction and Shaw Construction. He recommended either contractor. He suggested the two be ranked so once the chosen contractor begins, should there be a reason to switch, contractor #2 will be selected. Commissioner Phillips asked if both could start immediately. Mr. Bradley stated they are both anxious to get word and to get started. He stated they will be using different crews from the Airport or Library projects as they will need to specialize in renovation. James Fritze reminded the Board the finalization will be when the contract is signed by the contractor. Commissioner Johnson moved to rank the contractors as #1 Hyder and #2 Shaw as the contractor for the old Courthouse remodel. Chairman Gates stated he would probably rank them in the opposite order. Commissioner Phillips stated she didn't want to do this because everyone knows she got a contribution from one of the contractors. Commissioner Johnson explained his motion saying Shaw has done good work for the County in the past and Hyder has not had the opportunity. Therefore, we might have two good contractors who the County can work with in the future. Commissioner Phillips seconded the motion. The vote was declared unanimous. 3 Eagle County 1997 Budget Chairman Gates stated this hearing is for 1997 Eagle County Budget. He suggested if more time is needed, this can also be continued to November 13, 1996 at 1:30 p.m. Rick Sackbauer stated he would like to see funding be provided for "Cowboy Dreams". Currently there are zero dollars budgeted for this program. Mr. Sackbauer read a letter into the record about Will and his experience of riding Bruno. A "feather in his hat" allowed will to feel special. Mr. Sackbauer asked the Commissioners to remember the strength of this program. They currently have 3 horses and 12 children and have every intention of expanding it. He stated when they made their proposal to the Health and Human Resources, they asked for $10,000 or any portion thereof. He does not believe the "any portion thereof" to have been heard. Sara Thurston stated she has a five year old son who is part of this program. She stated this program has been a God send to him. She brought pictures of the progress her son has made. She stated one of the most important things to work on is the volunteer basis. Chairman Gates stated they will take the request under consideration. They understand the request. Commissioner Phillips stated she did suggest that the $2500 be considered. Commissioner Johnson stated the monies may not be available from the Health and Human Resource grant but there may be monies elsewhere. Dave Loch, an Edwards resident, asked if there are funds set aside for Road and Bridge for problems that exist in several areas to widen intersections and roads. He stated higher densities are approved but he is concerned about the future of their roads. He asked about the Spur Road, Lake Creek Road, a right hand turn lane in Eagle Vail. Brad Higgins stated he will review that information with Mr. Loch. Commissioner Johnson stated they are working on avenues to get the Spur Road repaired. Jim Hartmann, County Administrator, stated this is a statutorily required hearing which has been advertised. They are here to accept public comment as well as to apply changes. He stated there are a number of items that make this hearing necessary. He reviewed the process to come. He stated it may be necessary to continue this hearing tomorrow. Mr. Hartmann stated they are recommending that restricted accounts be set up to house the items the Board may choose to delete or defer. Allen Sartin, Finance Manager, stated this is a financially viable budget but a maximum spending budget. He stated the five year plan, although balanced, requires additional subsidies. He explained since they originally presented this budget some departments have made changes and there have been some additional requests that have been made. The Town of Vail has requested some sales tax revenue, The Town of Avon has a request for the roundabouts, and a request in the Roaring fork area. The changes would increase the budget approximately $260,000 and decreasing 1997's budget by about $27,000. Mr. Sartin explained Sheriff Johnson's budget does reflect the needs as they exist in his department. Jim Hartmann passed out certificates of recognition to those who accomplished good results in the budgetary process. Recipients were Kathleen Forinash, Brad Higgins and Don Fessler, Jim Elwood and Sheriff Johnson. Jim Hartmann began the presentation and referred to the graphic charts. The total budget presented is approximately $43,049,247. The next chart was a depiction of the Revenue by fund. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Johnson asked if in the future they can show property tax and sales tax. Allen Sartin stated the division would be roughly 50/50, about 27% in each category. Allen Black, County Assessor, stated his worksheet shows an increase of 47%. He explained the majority of the increase are for software and for the GIS system. He stated they have $325,000 in this budget both for operating and capital costs. A study will be conducted by the first of June and then a decision will be made. Chairman Gates asked about getting to the point of determination. Mr. Black stated he and the County Engineer have conducted interviews regarding the feasibility. He figures the initial study will be around $65,000. He explained his personnel request and the desire to convert from paper maps to digital maps. Chairman Gates asked Mr. Black to explain if there were vacancies if those have gone unfilled. He stated he has had 22 staff members and intends on keeping that number working. Chairman Gates asked about space. Mr. Black explained his intentions. Commissioner Phillips asked if the equipment and work station are included in the budget. Mr. Black responded yes. Commissioner Johnson asked about funding partners for the GIS and if some of the expenditures will be able to be recouped. Mr. Black stated E911 is very interested in this project, Eagle River Water and Sanitation has made a verbal agreement to provide digitized maps they have in place. Again, Mr. Black stated other than the two projects, ECS and GIS, it is a no growth budget. Chairman Gates asked about productivity when they are in the valuation process. Mr. Black stated most of the overtime is in reaction and is immediate. Adding another body at this point in time will not be beneficial. Commissioner Johnson asked about the restricted funds and questioned the $325,000 being just for GIS. He asked if those funds would be appropriate for a restricted fund. Mr. Black stated he would like to see them stay in his budget so it is seen as a viable project. Of the $325,000, $25,000 is for consultation and he would like to see that remain handy. Discussion continued on the 1997 proposed Eagle County Budget. Commissioner Johnson moved continue this hearing at 1:30 tomorrow. Commissioner Phillips seconded the motion. The vote was declared unanimous. Abatements Allen Black stated schedule number R031575, Highlands Resort Association and schedule number R031573, Highlands Resort Association are asked to be continued to the next abatement hearing. The Board agreed to the continuation. Schedule number ROl1673, Miller Family Partnership has been postponed to the hearings in December. The Board concurred. 5 Allen Black presented a petition for abatement, schedule number 040588, Gail Schwinger. The Assessor's Office recommended denial as this property was protested in 1994 and a Notice of Determination was mailed by the Assessor, denying the protest. The taxpayer is precluded from filing a protest and an abatement petition for the same assessment year. Rick Rosen, representing the petitioner, stated they have no disagreement with the Assessors office regarding the decision. Mr. Rosen stated the petitioner does have the right to come before the Board. They did come before them in 1995 for 1994's taxes. He stated there is a peculiarity in how the parcel was assessed. In dealing with the three units in the project, the values for 1994 have been provided. He referred to a memo dated July of 1996. Unit 1 was given a value of $1 million, Unit 2 was given a value of $2 million plus and Unit 3 was give a value of not quite $2 million. Mr. Rosen stated the three units were sold at the same time. He went on to explain the discrepancies. He sated in 1995 they protested the 1995 taxes and after appealed to the Board of Assessment the Assessors's office stated there were no figures they could use. Mary Jo Berenato, Deputy County Attorney, stated from a legal perspective she questions why this argument was not made then. Mr. Rosen stated they explained it was a higher end unit. Mr. Black reviewed the statutes and the four items to be considered. He stated they are here on over valuation. Ms. Berenato referred to 39-10-114 and the fact you get one bite out of the apple. The point is to prohibit doing both things. Mr. Rosen can appeal to the Board of Equalization. She suggested the Board may not wish to hear this today. Commissioner Phillips suggested Mr. Rosen has implied an error has been made. Mr. Rosen stated in 1994 they brought most of these facts up. He understands if they loose today they have the right to go to the Board of Assessment Appeals or to the District Attorney. He sated they came before and it was denied. Had they known all of the facts they would have been back then. He doesn't understand how they can devalue one unit and revalue a second unit. He stated there is an irregularity. He believes they are entitled to continue. He stated this has got to be resolved. This property has been battled back and forth. Chairman Gates asked if Mr. Black can reach an agreement with the petitioner. Mr. Black stated he feels the County's hands are tied. He appealed to the Assessor's office and to the Board of Equalization. Mr. Rosen stated he disagrees. He reviewed his reading of the statute. Commissioner Phillips asked about the square footage. Mr. Black responded this is on unit 1 only. Mr. Rosen explained since day one none of the figures have made sense. Mr. Black asked if Mr. Rosen represents the other owners. Ms. Berenato asked about the 1994 value. Mr. Black responded and said the square footages Mr. Rosen has spoken to may be right or wrong. If the building does not match up with the condo plat. Mr. Rosen stated the figures he is using are from the notice of determination from the Assessor's office. He stated he is hear today to set a record and he understands where Mr. Black is coming from. Commissioner Phillips moved to deny schedule number 040588, Gail Schwinger per the Assessor's recommendation. Commissioner Johnson seconded the motion for discussion. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 In discussion, Commissioner Johnson stated he understands the square footage is in error and perhaps a tabling makes better sense. Mr. Rosen stated the square footage discrepancies are on comparable units. Chairman Gates called for the question on the motion. Commissioners Phillips and Gates voting yes and Commissioner Johnson voting no. Mr. Rosen asked for a certified copy of the tape. Allen Black presented a petition for abatement, schedule number R011022, Rosalinda L. Shearwood for 1993 and 1994. The Assessor's Office recommended denial as the petitioner previously filed an abatement these same years. The abatement was denied by the Assessor and the petitioner withdrew the petition before the hearing took place with the Commissioners. However, at this time, the Assessor did look at the petition as a value issue and as a result the value of the property was adjusted for 1996. Rosie Shearwood stated she had misinterpreted some of the information provided her from the Treasurer's office. She stated this is an abatement but is more concerned this is unfair taxation. Ms. Berenato asked about the missed facts. Ms. Shearwood explained that Mr. Shearwood had paid since 1988 making the total amount paid being $15,736.90. Karen Schaeffer, County Treasurer, stated she is here with a common sense approach. She stated she has reviewed the statutes and basically an abatement should not be granted. She referred to a statute that says, she as Treasurer, is to review all the properties coming to tax sale. Ms. Schaeffer stated the property in question is a parking lot and has no value to the Town of Vail. She stated she would like to see a method developed to deal with items of such. Ms. Berenato explained this property was originally platted for 36 condominiums but only 18 were built. The Town of Vail then restricted the building of the additional 18 units. Discussion continued on the tax sale process. Commissioner Phillips stated this is an investment that must be looked at. Ms. Schaeffer stated she is not an owner. She been allowed to apply for she is not the owner. Ms. Berenato stated the $4831.51 is a correct figure. Commissioner Johnson questioned the Town of Vail not wanting the property. Ms. Schaeffer stated she has talked with them and they do not want it given to them. Ms. Shearwood asked the Town of Vail if they were interested as well. Their response is that they have no desire because it would have to go through the zone change. Commissioner Johnson asked about speaking with the Land Trust. Jean Johnson is the president and Tom Moorehead from the Town of Vail might be interested. Ms. Shearwood stated benefit that many people. are not interested. Commissioner Johnson asked how the takings laws work with this type of Ms. Sherwood cannot apply for an abatement because asks who is going to be the watch dog. Had she abatement, she would have been shot down because the parcel is surrounded by buildings and does not She approached the existing condo owners and they 7 down zoning. He questioned Spraddle Creek and their recent purchase. Ms. Shearwood stated at the time it was annexed, it was already overbuilt. The square footage was used in the building of the 18 units. Commissioner Phillips asked about the deed. Ms. Shearwood stated she has a Treasurer deed. Commissioner Phillips asked what will happen. Ms. Shearwood stated she has a couple of options. Commissioner Johnson stated he knows of no legal grounds they can make a determination on. Mrs. Schaeffer presented a statute she believes could appeal this determination. She would like to see a solution for problems as such before they end up here. Commissioner Phillips stated she understands that but there are laws. Commissioner Johnson stated he still believes there are some entities that will be interested in buying open space. Although she may not recoup all of her money but certainly a good portion. There may be tax relief in selling it as open space. Commissioner Johnson moved to deny schedule number R011022, Rosalinda L. Shearwood according to the Assessor's recommendation. Commissioner Phillips seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement, schedule number 0040980, Nathan and Jacqueline Finkel. The Assessor recommended an abatement different than requested. The subject property is an improved tract of land, consisting of approximately 209 acres, on Squaw Creek Road. The improvements consist of two large horse barns. The petitioner appealed the 1996 valuation. The value was adjusted at the Assessor level, to the recommended value. The petitioner did not agree with the adjustment and subsequently appealed to the CBOE. This appeal was denied by the CBOE and that decision has been appealed to the BAA. The petitioner has since stated, the 1996 adjusted value is acceptable, provided the 1995 value is adjusted equally. The petitioner has further stated the 1996 BAA appeal will be withdrawn, pending adjustment of the 1995 valuation. Based on an analysis of comparable the abatement should be granted as recommended for over valuation. Diane Larsen, representing the Finkels, stated they are in agreement with the Assessor's recommendation. Commissioner Phillips moved to approve schedule number 0040980, Nathan and Jacqueline Finkel in the amount of $9758.81 Commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement, schedule number 028468 and 022036, Gayle Crider McDonald, Equestrians, Inc. The Assessor's Office recommended denial as this is a Recreation Authority property leased as a business. The situation creates a possessory interest, an exempt property, which has been added to the tax roll by the Assessor. The petitioner has stated this business is a charitable entity and exempt from taxation. The other user must be a sublease. The original lessee will be responsible for taxes. The Assessor's position is that possessory interest will continue to be valued as mandated by the Colorado Constitution. The abatement petition should be denied based on lack of evidence supporting an adjustment. Mr. Black referred to a case that is currently being heard at a state level. Ms. Berenato stated this is a possessionary interest issue. She questioned whether the Board may want to continue this. 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Black explained they are filing for 1995 and 1996. 1996 is what is being heard by the Supreme Court at this time. Commissioner Johnson stated according to 1995 ruling it is taxable. Ms. Berenato stated it was appealed and voted 5-2 in favor of taxing possessionary interests. In 1996 SB 218 took place making possessionary interest not taxable. Commissioner Johnson asked if denied today it can be appealed and then a stay would be requested until 1996. Commissioner Phillips stated she would like to follow up after the court case has taken place. Ms. Berenato stated it can only be continued for six months and that is with the approval of the applicant. She stated for 1995 they can rule today and for 1996 they can rule today and then appeal. Commissioner Johnson asked if the applicant would request a tabling of 1996. Mr. Black asked if there is any way the applicant can waive the six month window. Ms. Berenato stated that could be done. Ms. Grider McDonald stated the concern is that they have a management agreement and the taxes being assessed are assessed against her personally. If the Supreme Court changes its mind, she can come back. The interest will continue to mount. Ms. Berenato suggested they might also want to table for one month and then get council to assist in representation. Commissioner Phillips moved to table schedule number 028468 and 22036, Gayle Grider McDonald, Equestrians, Inc. to the December abatement hearings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement, schedule number 041004, Kevin & Tammy Tucker. The Assessor recommended approval as submitted as the subject property was valued as vacant land in 1995 in error. The petitioner has a mobile home on the parcel. This petition corrects the 1995 assessment rate in accordance with C.R.S. 39-10-114 for illegal or erroneous assessments due to clerical errors. Commissioner Johnson moved to approve schedule number 041004( Kevin and Tammy Tucker in the amount of $6,580.65. Commissioner Phillips seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until November 13, 1996. ~:4$$~ C air n 9