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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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