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HomeMy WebLinkAboutbocc.min.spec.05072002 APPROVED MAY 22,2002 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING MAY 07, 2002 CALL TO ORDER: Chairperson Patti Clapper called the special meeting to order at 9:35 AM. COMMISSION MEMBERS PRESENT: Commissioners Patti Clapper, Mick Ireland, and Dorothea Farris COMMISSION MEMBERS ABSENT: Commissioner Jack Hatfield was on vacation. Commissioner Shellie Roy would be arriving around 10:30 AM due to a previous commitment. Chairperson Clapper asked Commissioner Ireland to lead this particular meeting. He agreed to do so. Commissioner Ireland announced that this is the Pitkin County Board of County Commissioners acting as the County Board of Equalization. RESOLUTION APPROVING PETITION FOR ABATEMENT OF PROPERTY TAXES FOR LUDA GELAS (SCHEDULE#R014282—MOTION TO APPROVE A PARTIAL ABATEMENT RESULTING IN AN ASSESSED VALUE OF $182,000.00 Mort Kristan—Assessor's Office; Luda Gelas—Petitioner Commissioner Ireland explained to Ms. Gelas that the valuation is not the valuation today. The valuation is on a certain date. Mort Kristan, of the County Assessor's office, further explained that the valuation is as of June 30, 2000 based on sales from July 01, 1998 through June 30, 2000. Luda Gelas explained to the board why she thinks the assessment valuation is incorrect. The assessor's office was showing an assessed value of$190,000.00. Ms. Gelas said she believes it should be $149,000.00. She said that the land is narrow and long and that the house has no basement or second floor. It is one floor only. The house is almost 1500 square feet. Mr. Kristan proceeded with his presentation to the board. As a point of clarification he said that the value Ms. Gelas referred to in her explanation of$145,000.00 was based upon the value as of June 30, 1998 based upon sales from July 01, 1996 through June 30, 1998. So, the $190,000.00 BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING MAY 07,2002 value that the Assessor's office shows now is based upon sales that took place in the Elk Run Subdivision during that time period. Mr. Kristan further explained that what he has to do with the sales that happened during that time period, by state law, is determine what the market is doing in that time period to see whether there is de-appreciation or appreciation. As most people are aware, he continued, in the Aspen valley market there has been a wave of incredible appreciation somewhere near, and exceeding in some areas, 1%per month. That equates to anywhere between 12% and 20%per year in appreciation. He went on to say that state law requires him to determine that rate and apply that to the sales that have taken place. Ms. Gelas purchased her property for $179,000.00 on December 23, 1999. If Mr. Kristan applies the rate of appreciation he arrives at a value of$192,962.00. If she had purchased the property as of June 30, 2000 the most likely price, based upon the market, would have been$192,962.00. Mr. Kristan then went over the comparable sales he used for this valuation. In essence, there was a range of values for Ms. Gelas' lot, which is 7,365 square feet, in the neighborhood of$184,000 to $193,000.00. The Assessor's office chose a median value of$190,000.00 and applied that value to all similar lots there on the Elk Run Subdivision that abut that area. State law requires her particular value, because it was a sale, within plus or minus 5% of her sale price. And, $190,000.00 is within that plus or minus 5% of$192,962.00, time adjusted. Commissioner Ireland asked if the comparable structures were of comparable size to Ms. Gelas'? Mr. Kristan responded by saying that his sales were for vacant lots without structures on them. He doesn't know what's built on them right now so he didn't take into consideration. Ms. Gelas built her house last year in 2001. Commissioner Ireland explained to Ms. Gelas that the improvements had to be valued as of January 01, 2001 and that there was no house on the property at that time. As a result, the Assessor has to look at her property as vacant land. This means that the multiplier for determining her taxes is .29 instead of.0915. Commissioner Ireland said that this means that her next tax bill will be close to one-third of her current tax bill. Commissioner Ireland told Ms. Gelas that the comparable lots used by the Assessor's office were pretty much in the $190,000.00 range. Commissioner Farris said that one thing that did strike her was the two comparisons were larger square footage. Commissioner Ireland suggested an assessed value of$185,000.00 instead of$190,000.00. He said that Commissioner Farris and Commissioner Clapper both recommended $182,000.00. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MAY 07,2002 Commissioner Ireland moved to set the valuation at $182,000.00. Commissioner Clapper seconded the motion. Motion passed three to none. (Commissioners Hatfield and Roy not present) The board directed the Assessor's staff to assist Ms. Gelas with a possible deferment. PETITION FOR ABATEMENT OF PROPERTY TAXES FOR CHRIS FABIJANIC— THIS ITEM HAS BEEN RESOLVED AND WILL NO LONGER NEED A HEARING Lyndee R. Dean, Clerk to the board, announced that Larry Fite of the Assessor's office informed her that the petition for abatement of property taxes for Chris Fabijanic had been resolved and would not need a hearing. RESOLUTION APPROVING PETITION FOR ABATEMENT OF PROPERTY TAXES FOR CAROL RANCE (SCHEDULE#R001076)—MOTION TO DENY Jason Farrar—Assessor's Office; Carol Rance—Petititioner The petitioner, Carol Rance, was not present. Jason Farrar of the Assessor's office addressed the board. He announced that he did not believe that Ms. Rance would be attending as she returned to her primary residence in Hong Kong. Commissioner Ireland asked if Ms. Rance were planning to appear by telephone? Mr. Farrar said his office was given no notice of such arrangement. In the absence of Ms. Rance's appearance and explanation from her as to why she is not appearing or a request to reschedule, Commissioner Ireland moved to deny the appeal. Commissioner Farris seconded the motion. Mr. Farrar asked the board on whom was the onus to contact the petitioner or their designated agent? Commissioner Ireland said that he assumed that the petitioner filed their appeal and was then notified of the appeal by letter. Johanna Saizen-Payne of the Assessor's office confirmed Commissioner Ireland's assumption. Commissioner Ireland called the question to deny the appeal. Motion passed three to none. (Commissioners Hatfield and Roy absent) RESOLUTION APPROVING PETITION FOR ABATEMENT OF PROPERTY TAXES FOR DALE HOWER(SCHEDULE#R5492)—MOTION TO DENY Johanna Saizen-Payne—Assessor's Office; Dale Hower—Petitioner BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING MAY 07,2002 The petitioner, Dale Hower, was not present and had made no arrangements to appear by telephone or to reschedule this hearing. Ms. Saizen-Payne stated that Ms. Hower raised some issues that the comparables support the lower values. She said she referred to schedule number 1485, which is not in her neighborhood, and that it has bridge noise and road noise. She also said that the next door neighbor's home was one of the comparables and that it is a mirror image of Ms. Hower's home. She said the subject home is actually 40 square feet bigger than the comparable home next door. Commissioner Ireland moved to deny the appeal. Commissioner Clapper seconded the motion. Motion passed three to none. (Commissioners Hatfield and Roy absent) RESOLUTION APPROVING PETITION FOR ABATEMENT OF PROPERTY TAXES FOR RUDOLPH L. TULIPANI (SCHEDULE #R003736)—MOTION TO DENY Johanna Saizen-Payne—Assessor's Office; Rudolph L. Tulipani—Petitioner Ms. Saizen-Payne said that she spoke to Mr. Tulipani after he received the Assessor's letter and she said that he was disappointed that he was denied. He was given information about today's hearing, but was not present nor did he make other arrangements by phone nor requested rescheduling. Ms. Saizen-Payne went on to explain the Assessor's primary reason for an evaluation of $2,500,000.00. She said the property is currently vacant today and has never had a house on it. And, she said it is currently relisted for$3,750,000.00. Ms. Saizen-Payne said that Mr. Tulipani has been working with the previous owner for five years to purchase this property. Her understand was that he did give this man monies year by year so he would be the one that got this property. She said that she used six comparables of vacant lots of similar size in that neighborhood and they more than tell the story that the Assessor's office certainly have a reasonable amount on this property. Commissioner Ireland questioned why two of the comparables showed a selling price less than Mr. Tulipani's purchase price? Ms. Saizen-Payne responded by saying that those lots have much inferior views and very steep land. She said that Mr. Tulipani's property is a very flat lot and excellent views. Commissioner Farris moved to deny the Tulipani appeal. Commissioner Clapper seconded the motion. Motion passed three to none. (Commissioners Hatfield and Roy absent) COMMISSIONER SHELLIE ROY ENTERED THE MEETING AT THIS TIME RESOLUTION APPROVING PETITION FOR ABATEMENT OF PROPERTY TAXES FOR IN-1—INC.—HELEN NATTERER(SCHEDULE #R001447) MOTION TO DENY Johanna Saizen-Payne—Assessor's Office; M.N.I., Inc. —Helen Natterer—Petitioner BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING MAY 07,2002 Petitioner Helen Natterer was currently in Canada but made arrangements to speak to the board by use of a conference phone call. Ms. Saizen-Payne made her presentation to the board. She said that Ms. Natterer's unit is Chateau Aspen unit 8. She said that this unit has been evaluated at $600,600.00 by the Assessor's office. Unit 8 is 920 square feet. Her basis for this evaluation was three Chateau Aspen units that have sold. Those units being Unit 2 at 640 square feet for$417,942.00, Unit 19 at 875 square feet for$617,571 and Unit 21 at 708 square feet for $443,293. Ms.Natterer explained that she sold a Chateau Dumont Unit 19 in April of 2000 for $595,000.00. That unit is 905 square feet. She said that the Chateau Aspen has never been as desirable as the Chateau Dumont. She added that the Chateau Aspen was an older condominium than the Chateau Dumont. As this is an inside unit and faces the courtyard and the Mezzaluna Restaurant, she believes the unit would sell for only between $500,000.00 and $525,000.00. Commissioner Ireland explained to Ms.Natterer how the Assessor's office comes up with their evaluations. Based on the comparables within the Chateau Aspen Commissioner Farris moved to deny the M.N.I. Inc. appeal. Commissioner Clapper seconded the motion. Ms. Natterer said she understands the board's point of view and hopes that they understand hers. Commissioner Ireland said that he thinks the board understands hers and he thinks she made a very strong and reasonable presentation. However, he said,the board is constrained by the activity of the market and the constitutional limits on the board and Assessor's actions. Therefore, he said he would have to support this motion. Motion passed 4 to 0. (Commissioner Hatfield absent) RESOLUTION APPROVING PETITION FOR ABATEMENT OF PROPERTY TAXES FOR DAVID BARDSLEY (SCHEDULE #R000901)—MOTION TO DENY Johanna Saizen-Payne—Assessor's Office; David Bardsley—Petitioner COMMISSIONER CLAPPER HAD TO LEAVE THE MEETING AT THIS TIME DUE TO A PREVIOUS COMMITMENT Mr. Bardsley owns Unit number 3 in Chateau Chaumont. Mr. Bardsley did not appear, did not send a representative and did not call, as verified by Ms. Saizen-Payne. Commissioner Ireland said that the only basis of Mr. Bardsley's appeal is that unit 7A sold in February of 2002 in the low$300,000.00s. He asked how the assessed value of unit number 3 (his unit) increase 60% in one year, especially under the current downturn in the market and economic conditions? BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING MAY 07,2002 j Commissioner Ireland continued by saying that as he noted earlier in this meeting, the current market is not relevant to the market condition on June 30, 2000. He said that the Assessor's and the board have to go by the sales period July 01, 1998 through June 30, 2000. Commissioner Ireland moved to deny the Bardsley appeal. Commissioner Farris seconded the motion. (Commissioners Hatfield and Clapper absent) RESOLUTION APPROVING PETITION FOR ABATEMENT OF PROPERTY TAXES FOR NORTON A. EISENBERG (SCHEDULE# R012990)—MOTION TO DENY Jason Farrar—Assessor's Office;Norton A. Eisenberg—Petitioner Mr. Farrar said that he spoke with Mr. Eisenberg and that he was granted access to his condominium complex. Mr. Farrar said that he feels Mr. Eisenberg misinterpreted the increase in values and in taxes due to the fact that he had moved here from a different state. He said that Mr. Eisenberg thought that the valuation period was over three years. In addition to the fact, he said he believes that Mr. Eisenberg really wasn't aware of some of the sales that have happened in his complex. Mr. Eisenberg's property is the Park Avenue Townhouses, unit A. Commissioner Ireland said that Mr. Eisenberg has not appeared nor sent a representative or made arrangements for a conference call. He went on to say that there was nothing in his written presentation that contradicts the comparables and analysis. Commissioner Ireland moved to deny the Eisenberg appeal. Commissioner Farris seconded the motion. Motion passed 3 to 0. (Commissioners Hatfield and Clapper absent) PETITION FOR ABATEMENT OF PROPERTY TAXES FOR MCDONALD FAMILY TRUST (SCHEDULE #424) -THIS ITEM HAS BEEN RESOLVED AND WILL NO LONGER NEED A HEARING AND PETITION FOR ABATEMENT OF PROPERTY TAXES FOR MCDONALD FAMILY TRUST (SCHEDULE#476)—THIS ITEM HAS BEEN RESOLVED AND WILL NO LONGER NEED A HEARING Mort Kristan of the Assessor's office informed the board that both of the McDonald Family Trust appeals have been stipulated with the Assessor. Therefore these two appeals no longer require a hearing before the board. AFTER FURTHER CLARIFICATION BETWEEN THE COUNTY ASSESSOR'S OFFICE AND THE CLERK TO THE BOARD,IT WAS AGREED THAT THE PETITION FOR ABATEMENT OF PROPERTY TAXES FOR THE MCDONALD FAMILY TRUST, SCHEDULE #424,WOULD BE PLACED ON THE COUNTY COMMISSIONERS' CONSENT AGENDA FOR THEIR REGULAR MEETING OF JUNE 125 2002 TO APPROVE A STIPULATION. BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING MAY 07,2002 ADJOURNMENT: The meeting was adjourned at 11:13 AM. BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING MAY 07,2002 Respectfully submitted, Ly ee R. Dean Clerk to the Board of County Commissioners n � / i Mick Ireland Acting Chairperson of the Board of County Commissioners for the purposes of this meeting ww/g/m inutes/2002/05072002 BOARD OF COUNTY COMMISSIONERS 8 SPECIAL MEETING MAY 07,2002