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Minutes 02/16/10 PUBLIC HEARING February 16,2010 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Christina Hooper Kathy Scriver Chairman Commissioner Commissioner County Manager Assistant County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Special Recognition - Holiday Bell Ringing Challenge Award Tsu Wolin-Brown, Salvation Army Ms. Wolin-Brown stated that thanks to everyone in the community and several county employees trom various departments over $45,000 was raised during the bell ringing challenge. In 2008, the Salvation Army served 1,068 people needing assistance. In 2009, they served 2,963. She spoke about the increasing number of the citizens in need of assistance. She presented a trophy to the county for their participation and thanked the board for their support. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of February 15,2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for February 25, 2010 (subject to review by the Finance Director) Finance Department Representative c. Approval of the minutes of the Eagle County Board of Commissioners Meeting for January 5 and January 12,2010 Teak Simonton, Clerk & Recorder D. Division of Wildlife Impact Assistance Grant Application Assessor's Office Representative E. Application for Funding Resource Allocation from Eagle County Airport Fiscal Year 2010 Entitlement Funds for Airport Master Plan Update Airport Representative Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Christina Hooper, Assistant County Attorney stated that there were no changes. Commissioner Runyon moved to approve the Consent Agenda, Items A-E. Commissioner Stavney seconded the motion. The vote was declared unanimous. 1 02/16/2010 Approval of Eagle County Investment Policy for 2010 Treasurer's Office Representative Ms. Sheaffer stated that there had been no changes made to the policy from last year. The board was required to approve the investment policy annually. The policy defined what the Treasurer could invest in and set levels of security. Commissioner Runyon asked if there had ever been alterations to the document. Ms. Sheaffer stated that the county has had an investment policy since 1992 and there had been revisions to it since that time. Commissioner Runyon believed it was appropriate to have the policy reviewed by a professional annually. Commissioner Stavney asked Ms. Sheaffer about her use of local banks. Ms. Sheaffer stated that she preferred dealing with local banks. Chairman Fisher asked who recommended revisions. Ms. Sheaffer stated that the investment advisor made those recommendations. The document were merely guidelines, the Board of County Commissioners could always approve investments over and above what was recommended in the policy. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved to approve the Eagle County Investment Policy for 2010. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. EI Jebowl, Inc. d/b/a EI Jebowl #12-06730-0000 This is a renewal of a Tavern License in El Jebowl. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Eagle Springs Golf Club d/b/a Eagle Springs Golf Club #12-17983-0000 This is a renewal of a Hotel and Restaurant License with 3 Opt. premises in Wolcott. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. Sady Family, Inc. d/b/a Edwards Liquors #03-89234-0000 This is a renewal of a Retail Liquor Store License in Edwards (Northstar Center). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. Boulder/Beaver, LLC d/b/a Dusty Boot Saloon #28-09520-0000 2 02/16/2010 This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. EI Jebel, LLC d//a EI Jehel Convenience Store #03-68428-0000 This is a renewal of a 3.2% Beer License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other F. Beaver Creek Food Services, Inc. d/b/a Osprey at Beaver Creek f/k/a Inn at Beaver Creek #04-85060-0000 This is a Manager's Registration for Osprey at Beaver Creek. Beaver Creek Food Service, Inc. wishes to register Joseph Kelley as the new manager. The application is complete and the necessary fees have been paid. Mr. Kelley is reported to be of good moral character, based upon both the Sheriff and CBI reports. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for February 16, 2010 consisting ofItems A-F. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: REQUEST: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: CONCERN: Eagle Valley Chapter Rocky Mountain Elk Foundation Special Events Permit Ray Long, Event Manager Eagle River Center, 0794 Fairgrounds Road-Eagle Kathy Scriver None DESCRIPTION: The Rocky Mountain Elk Foundation has requested a special events permit for their annual fundraising banquet being held on Saturday, March 13, 2010 at the Eagle River Center in Eagle. Moe's Southwest Barbeque will be catering the event. Beer, wine and mixed drinks will be available for purchase. This is the 17th annual banquet and the 3rd time the event has been held in this facility. The applicant anticipates about 300 attendees. STAFF FINDINGS: I. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Staff has had no problems with events hosted by the applicant in the past. 3. Public notice was given by the posting a sign in a conspicuous place on the premises on February 5, 2009, 10 days prior to the hearing. 4. No protests were filed in the Clerk and Recorder's Office. 5. The applicant has provided proof of server training and an alcohol management plan. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. 3 02/16/2010 DISCUSSION: Ms. Scriver presented the request. Mr. Long stated that the organization had raised over $80,000 at the last event held at the Eagle River Center. This year's event would include various kids programs, raffles, auctions, and games. Lone Star Security would be providing event security. The Mule Deer Foundation would be tending bar at the event. He provided information about where the public could purchase tickets or make a donation. Chairman Fisher asked about the server training. Mr. Long stated that there were 4-5 members on each committee that were TIPS trained. Commissioner Stavney move that the Local Liquor Licensing Authority approve the Special Events Permit for The Rocky Mountain Elk Foundation fundraising event being held on March 13,2010, from 12:00 p.m. to 12:00 a.m. at the Eagle River Center. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Resolution 2010-015 Adopting a First Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2010, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Accounts Finance Department Representative Mr. Lewis stated that most of the activity in the first supplemental were carry overs because the county budgets only for the year. What was previously budgeted and not spent, needed to be spent. The total appropriations were $21,917,551 and of that $20,591,649 were expenditures that were previously approved in either 2008 or 2009. The additional revenue, mostly grants, was $609,898, and this also needed to be approved. Additional funds included in this supplemental were $506,629 and of that, $46,633 would come out of the general fund. In addition the board would be approving the carry forwards of $20,000 designated fund balance, $50,000 restricted fund balance, and transfers between funds of $139,375. He provided additional detail on the individual items. The total expenditures in the general fund totaled $1,416,349 and other than the designated fund balance and restricted fund balance, the new grants, and previously funded purchases, the only hit to the reserve would be $46,633. Commissioner Stavney asked about the temporary labor costs for the Justice Center remodel and wondered if this would be an ongoing cost. Mr. Johnson stated that this was the intent at this point. Chairman Fisher stated that she did not envision the county having a long-term commitment for temporary personnel. She requested that there be a discussion at the end of the second quarter. She did not want it to appear that the county was not taking care of the people that were working for the county. Commissioner Runyon moved to approve the resolution adopting a first supplementary budget and appropriation of anticipated revenues for fiscal year 2010, and authorizing the transfer of budged and appropriated monies between various spending accounts. Commissioner Stavney seconded the motion. The vote was declared unanimous. 4 02/16/2010 Abatement Hearings Petitioner Brightwater Filing 2 (2007) Brightwater Filing 2 (2008) Brightwater Filing 3 (2007) Brightwater Filing 3 (2008) Mitchell R. Brasington Revocable Trust Mitchell R. Brasington Revocable Trust Mitchell R. Brasington Revocable Trust Mitchell R. Brasington Revocable Trust H & R Doanes, Inc. Robin Waters Schedule No. Multiple Properties Multiple Properties Multiple Properties Multiple Properties R063400 R063398 R063401 R063399 R057753 R006659 Mr. Chapin spoke about the number of Brightwater abatements. He stated Ken Marchetti, representative for the Valagua Metro Districthad requested a continuance for a decision on the files. He agreed with this request so the district would have some time to review the ramifications. Commissioner Stavney spoke about the request for continuance and wondered if there would be another cycle or two coming around. Mr. Chapin stated that this was the remainder of the files. Commissioner Stavney summarized the petitioner's requests. Mr. Chapin suggested that the board grant a continuance to allow the Metro District to determine the value because ofthe bond of indebtedness involved with this project. There were 42 files that were represented by a Denver law firm, which had already been heard and were not part of these remaining files. Chairman Fisher opened public comment Maynard Damp, Brightwater property owner spoke. He wondered why his petition had to wait for a continuance. Mr. Chapin stated that his recommendations followed the recommendations that were approved by the board on the 42 lots previously heard on December 21. Chairman Fisher asked about the notification requirements. Mr. Chapin stated that the property owners were given proper notice, as required. However, the taxing entities were not notified. Mr. Damp stated that he filed forms over the summer. He was not sure why he was left out. He believed it was unfair that the Assessor's Office would not follow the same rules with all the property owners. Chairman Fisher asked about the total amount of abatements. Mr. Chapin stated that for 2007 the total abatement amount was $171,944.76, for 2008, the total tax amount was $149,183.86. Chairman Fisher wondered about the refund process. She wondered how the towns and special districts would reimburse the county. Ms. Hooper stated that the refund could be applied to the 2009 taxes that they would receive. She did not believe the numbers mentioned by the Assessor include filing 3. Mr. Chapin stated that filing 3 for 2007 was $313,833.50 and 2008 was $317,961.76. Ken Marchetti spoke. He introduced Eric Weaver. They worked with the district that covered the Brightwater area, which was created by the developer to put in infrastructure. The district issued 21 million dollars worth of bonds and had some big operating costs. Commissioner Stavney asked Mr. Marchetti ifhe had any information that would effect the Assessor's property assessment. Mr. Marchetti stated that they would like to get the matter resolved correctly because of the significant amount of money that may need to be refunded. He believed that the matter was very complex and they would like to explore whether the property owners mayor may not be eligible for a refund because the process may not have been followed correctly. Mr. Chapin stated that his office was trying to fair and equitable. This required a broad brush across all the properties. The validity ofthe sales that occurred at Brightwater was being challenged. His office reviewed the 5 02/16/2010 information presented by the Denver law firm, individual owners, and documentation filed by the Clerk's Office and some of the elements of the data contained in the transfer declarations and doc fees were questionable. There were strong arguments that the golf membership should be taken out of the final sales in 2007 and 2008. They looked at the development and how the vacant land discount had been applied. If the board were to render a decision on this abatement today, the county would be done with it and the abatement automatically goes to the Division of Property Taxation, which reviews the county decision. Commissioner Stavney believed the county should render a decision as it did with the last set of petitions and let it take its course at the state level. Mr. Marchetti explained his understanding of the process. He wondered if there was a requirement to make a decision today and/or the downside of giving an extension to resolve this matter. Ms. Hooper stated that there was a 6-month deadline from the date the petition was filed. In this case, the Assessor's Office filed this petition before the end of the year. Commissioner Runyon asked Mr. Marchetti the district's mill rate. Mr. Marchetti stated that it was 45 mills. Mr. Weaver stated that this were approved 83% ofthe taxes collected this year would be abated, adding the interest to that they would have negative revenue for 2009. The district needed additional time to analyze the situation. Commissioner Runyon stated that he was sympathetic to the districts position but also believed the board needed to consider the taxpayer. Commissioner Stavney asked about the refund process. Ms. Hooper stated that she was not certain about the time it would take the refunds to be affected. It could be a 2-3 month process. Doris Kershner, Brightwater property owner spoke. She believed that Mr. Marchetti's request for continence was not reasonable and she took offense to the request. She encouraged the board not to consider continuing the file for another 30 days and/or consider separating filing 2 and 3 out. Patty Parker, Brightwater property owner spoke. She stated that she was an owner in filing 3. She spoke about the lack of security in Brightwater subdivision. Chairman Fisher interrupted Ms. Parker stating that this was a tax discussion. Ms. Parker stated that she did not believe she should be taxed more than the other property owners being represented by an attorney. Todd Thomas, lot owner in filing 3 spoke. He paid his taxes every year and didn't engage the attorney to represent him. He encouraged the board to not offer the continuance and treat the abatements equally. Commissioner Runyon stated that Mr. Chapin was merely following the statutes. He sat on the side of the taxpayer. However, with respect to the property owners, the Town of Gypsum, and others, he believed a 30-day continuance might be appropriate to give everyone an opportunity to weigh in. Mr. Chapin stood by his recommendations and did not believe a 30-day continuance would change anything for him. Commissioner Stavney believed it was time to move forward. Chairman Fisher stated that she didn't fully understand the situation out there but wondered ifthe builders, buyers, or homeowners were aware of the fact that the district was on borrowed funds to get the infrastructure created. Mr. Marchetti stated that there was extensive amount of disclosure required under state statutes. He understood that the district would have to live with whatever decision the board made but felt that 30 days would be beneficial. Commissioner Runyon stated that he understood the district's financial situation but failed to understand what type of argument would speak to the issues expressed by the Assessor. Mr. Marchetti stated that this was a complex valuation. He was not convinced that the club membership should not be subject to real estate taxation. He believed there were some nuances with this club that were different. It was mandatory that the memberships were purchased as a package. Commissioner Runyon stated that the Assessor had already made those determinations. Mr. Chapin stated that none of the documentation disclosed the non-tangible golf membership. The golf memberships were identified as something that was controlled by the developer and the developer had the right to hold the membership if the lot was sold and approve a new buyer/member. 6 02/16/2010 John Kershner expressed frustration stating that it was very clear in his closing statement that the club memberships were separate and maintained in a separate fund. They never should have been assessed in the land value. Mr. Damp agreed with Mr. Kershner's statement. He was concerned with delaying the process. Mark Thomas stated that he appreciated the board's concern for the taxpayers rather than the special district. Commissioner Stavney moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be approved for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Brightwater Filing 2 Brightwater Filing 3 Schedule No. Multiple properties (see spreadsheet) Multiple properties (see spreadsheet) Commissioner Runyon seconded the motion. The vote was declared unanimous. Petitioner Name Robin Waters Schedule No. R006659 Mr. Chapin presented the basis of the Assessor's recommendation. Ms. Waters stated that she disagreed with the recommendation and stood by her original request. She purchased the house during the middle of the assessment period in 2005. Some of the factors included the condition of the house. She reviewed the comparables and believed that the other properties had added features, were larger in size, and had greater heated square footage. Mr. Chapin stated that his office must consider what the market was indicating for inflation at the time. The must recognize whether the market went up and down during that 18 month data collection period. They measure the effective area such as the living area, porches, unfinished basements, garages, and don't exactly replicate the footprint of the living area in each of the homes. He believed the value was supported. Ms. Waters wondered about the time adjustment price. Mr. Chapin stated that the property value was based on the sales in her area. Commissioner Stavney asked Ms. Waters if she agreed with the partial approval. Ms. Waters believed that the points that she'd made were still valid and did not believe the comparables support the adjustment. Mr. Chapin supported the Assessor's recommendation. The comparables simply bracket the value that they'd assigned the property. Commissioner Stavney asked Ms. Hooper what the options were. Ms. Hooper stated that if the board supported the Assessor's argument and decided to rule in the Assessor's favor, the petitioner had the right to appeal to the Board of Assessment appeals within 30 days. Chairman Fisher wondered if Ms. Waters was requesting that her property to be looked at individually for its individual qualities or lack thereof. Ms. Waters stated that it was complicated. She received different comparables each time. The comparables she received did not include the entire area and were not even her area and she believed they did not apply. Mr. Chapin stated that they were simply supporting the mass appraisal by looking at different com parables and bracketing those and making adjustments. The appraiser analyzed the variables, looked for the best sales, and made specific adjustments. They are required to use the time adjusted sales price. He believed it was a fair adjustment given the time frame and what his office had to work with. Ms. Waters did not believe the Assessor's Office got it right. She asked the board if they would be willing to split the difference. Commissioner Stavney stated that he respected Ms. Waters offer. However, the board was not in a position to negotiate. Ms. Waters had every right to appeal and take it to the next level if she wished to do so. 7 02/16/2010 Mr. Chapin stated that there was a basic disagreement with value. His office must meet certain demands in the market place and if the market indicated inflation, it must be applied across the board. He lowered the value in part through the abatement process, which was being offered today. Chairman Fisher believed that the assessment was legitimate. Commissioner Stavney moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be approved in part for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Robin Waters Schedule No. R006659 Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be approved for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Mitchell R. Brasington Revocable Trust Mitchell R. Brasington Revocable Trust Mitchell R. Brasington Revocable Trust Mitchell R. Brasington Revocable Trust Hand R Doanes, Inc. R063400 R063398 R06340l R063399 R057753 Commissioner Fisher seconded the motion. The vote was declared unanimous. Attorney Update Bryan Treu, County Attorney It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discussing matters subject to negotiations regarding personnel matters, potential open space acquisitions, 95 CW 272, possible salary adjustments, BrightStart, inmate medical care and medical marijuana dispensaries all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and (e), Colorado Revised Statutes. It was moved, seconded and unanimously agreed to adjourn from Executive Session. Planning Files There were none Attest: 8 02/16/2010