HomeMy WebLinkAboutMinutes 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.
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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
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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.
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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.
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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
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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.
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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.
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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:
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