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Home My WebLink AboutM111092 COURTHOUSE P.O. BOX 1220 PORT TOWNSEND, WASHINGTON 98368 ~/~" =::;'''''~': -~' l~~,,'-;:~~~1/ :---;;fi, ,-:->'} ~ :~, (,;,%~,1, .. ,--::- - i~ I~ ~ ?\ i~-!fi'> I\:' ,',,' ,:,'<{~ I(;,,'I_''T,,--':,;~/--l ,'\! -- " '." I, J~'+<%i.,J V," lJI'" ,/.~k T-: 'r:' ,{~r:::r-,;' -/-;"rli (1/1<; ,i'-;_~i '~>J'., '. . <\ir" 1,1'\ ~1fr,";':"'t"-J", ,--- " .. I -1fI'''', .., '" : "-~_ T...."I.I.,......' ,-;UoI"',' .." ,. ~,I~:,~;,'!!,....... ".~'Ji" ."",'" f '!k~, ?iJ~ &:~~b~_ ~~~. . - .. ~~~""'-'.;;O...;:.,,~~_-c~ JEFFERSON COUNTY BOARD OF EQUALIZATION - MINUTES November 10, 1992 eJefferson County Board of Equalization TELEPHONE: 385.9100 James A. DeLeo William S. Marlow Richard A. Broders Lars Watson Chairman Vice-Chairman Member Alternate Chairman James A. DeLeo called the meeting to order at 10:00 A.M. Marlow and Richard A. Broders were present. Members William S. HEARINGS . Mary P. Moriarty 2821 Schirm Loop NW Olympia, W A 98502 BOE: 92-52-LO PN: 413 272 002 Mary P. Moriarty and her brother Tom Morrison were present. Jeff Chapman was present on behalf of the Assessor's office and Prosecuting Attorney Mark Huth was present to answer any questions regarding the restrictions placed on land by the Quinault Indians. Chairman James A. DeLeo explained the hearing process and swore them in. Ms. Moriarty stated that she and her brother own property on the Quinault Indian Nation Reservation. They have tried to sell the property but buyers back away once they learn about the restrictions the Quinault Indians have placed on the land. The land can be built on, however the building is restricted to 600 sq. feet. They feel the comparable sale used to value their property is not adequate since it is adjacent to property that has already been built on. Since they cannot sell their property they feel it is useless and should not be valued as high as it was. Tom Morrison stated that three years ago the Jefferson County Commissioners were working on a pact with the Quinault Indian Nation to resolve the land use issue. To date he has not heard if any progress has been made. He then reported on a case with the Yakima Tribe where the County had jurisdiction to designate closed portions and open portions of the reservation. He stated their property value was reduced in 1988 due to the conditions at the time. This year the property value was increased approximately 32 % and the conditions have not changed. . Jeff Chapman explained that one sale does have an intluence on the market value of the property. He presented the comparable sale used and a realtor listing of comparable property. He asked the appellant how much they were asking for the property? Ms. Moriarty stated they had an offer of.~fl() ()fl(). Mr. Chapman reported they have it assessed i.~ 'lot)'Ololfecycled Paper BOARD OF EQUALIZATION MEETING MINUTES - NOVEMBER 10, 1992Page 2 . at $165,000 which is 100% of the fair market value. If they had it for sale at $165,000 and still were unable to sell it, even with all the restrictions, then the Assessor's office could understand the appellant's concern. As it is, he feels the value of the property is fair and reasonable. Vice-Chairman Bill Marlow asked Prosecuting Attorney Mark Ruth the status of the tribal restrictions? Mark Ruth stated in the Yakima case, non-indian owned land on reservations (non-indian fee land) could not be roned by the County since it was on the reservation where the indians have jurisdiction. The Supreme Court decided that in certain instances counties could zone noo-indian owned land within the boundaries of the reservation, however, the Supreme Court did not clearly define what those instances were. He stated that it is difficult to use the Yakima case as a comparison since there are towns clearly identified as being either open or closed to non-indian land buyers. The Quinault Indian Nation is not as well defined. Rather than fight it out in Court. Jefferson County is trying to negotiate, which has taken a long time. . He stated there are tight restrictions on what can be built on the land. A 600 sq. foot cabin is all that is allowed. It is roned as wilderness, which is a recreational use. The basis of the negotiations are to have the tribes make their roning more in line with the County's so that in the future property owners can subdivide, Ms. Moriarty asked where the County is right now in their negotiations? Mark Huth stated the County is reviewing a draft agreement that would set standards for development on noo-indian owned property in both Jefferson and Grays Harbor County. They will be meeting on November 20, 1992 to discuss the agreement. After hearing the testimony of both parties and the information the Prosecuting Attorney provided, the Board concurred that they would conduct an inspection of the property and make a determination at a later date. Richard F. Duce 1830l - 76th Ave. W. Edmonds, W A 98026 BOB: 92-23-R PN: 821 084 013 Richard Duce was present. Bob Shold was present on behalf of the Assessor's office. Chairman James A. DeLeo explained the hearing process and swore them in. Mr. Duce presented to the Board, a cost approach and an income approach. He stated the Assessor's office calculated the taxes for his property with the same figures that were used to calculate mini-storages of better quality than his. . Mr. Shold stated the property value was based on the purchase price and sales of other mini-storages which is the market value. Vice-Chairman Bill Marlow asked if the Assessor's office used a cost and income approach? Mr. Shold stated that a cost approach was used. After hearing the testimony of both parties the Board concurred that they would conduct an inspection of the property and make a determination at a later date. . . . BOARD OF EQUALIZATION MEETING MINUTES - NOVEMBER 10, 1992page 3 Donald Vitale BOE: 92-66-LO Vitae Inc. Employee Retirement Trust P.O. Box 11410 Bainbridge Island, WA 98110 PN: 001 212 017 Mrs, Vitale was present on behalf of Donald Vitale. Bob Shold was present on behalf of the Assessor's office. Chairman James A. DeLeo explained the hearing process and swore them in. Mrs. Vitale stated in 1990 and 1991 the property was listed for 12 months at $50,000 and not one offer was received. They feel the property would be worth the Assessed value if it perked and had water. Mr. Shold stated the Assessor's office valued both sides of the street the same. In the revaluation they took into consideration that the east side of Highway 20 is developing and growing more than the west side. Therefore, a reduction in value was given for the property along the west side which is where Mrs. Vitale's property is located. After hearing the testimony of both parties the Board concurred that they would conduct an inspection of the property and make a determination at a later date. APPROVAL OF MINUTES Vice-Chairman Bill Marlow moved to approve the minutes of October 15, 1992. Member Dick Broders seconded the motion which carried by a unanimous vote. DETERMINATIONS Joseph Walden BOE: 92-47-R PN: 002 014 001 Vice-Chairman Bill Marlow stated that after conducting an inspection of the property they determined there was not a problem as a result of the property being the site for the City of Port Townsend's garbage dump several years ago, and did not warrant reducing the value of the property. Vice-Chairman Bill Marlow moved to sustain the Assessor's valuation of $133,725. Member Dick Broders seconded the motion which carried by a unanimous vote. (See also Minutes of October 15, 1992) Bob Reed (Susan Brown &; Scott Brown) HOE: 92-17-LO PN: 994 600 212 92-18-LO 994 600 213 Vice-Chairman Bill Marlow explained that the determinations made during the October 15, 1992 meeting were incorrect. An error was made in calculating the 75% reduction in value. The Assessor's base value should have been reduced by 75% leaving a market value of $3,000, rather than reducing the Assessor's market value of $6,000 by 75% leaving a market value of $1,500. He explained what happened to Mr. Reed and sent him a corrected copy of the Determination Order. Vice-Chairman Bill Marlow then moved to accept the corrected value of $3,000 each for parcel numbers 994 600 212 and 994 600 213. Member Dick Broders seconded the motion which carried by a unanimons vote. . . . BOARD OF EQUALIZATION MEETING MINUTES - NOVEMBER 10, 1992Page 4 APPOINTMENT The Board met with the Environmental Health Director Larry Fay to discuss septic systems and soil types. Vice-Chairman Bill Marlow explained that some of the Board's determinations depend on whether or not a septic system can be placed on the property. He asked Mr. Fay what constitutes a septic system denial and what is the Health department's criteria? Mr. Fay stated that there are several alternative septic systems for different types of soils. The restrictions depend on where the seasonal water table is located under the soil surface. Twelve inches of soil above the water table is the minimum allowed. The amount of space required for a septic system depends on the size of the house going on the property. Mr. Fay then reviewed several alternative systems for the Board. After further discussion Chairman James A. DeLeo adjourned the meeting. JEFFERSON COUNTY BOARD OF EQUALIZATION ("' j/ ), " (-O/.,_v<- '-rl . <.. II!]; .m'z;.lJ--'" Erin K. Plastow, Clerk of the Board ~tZ ~L es A. DeLeo, Chairman y-,-~ ~./ . William S. Marlow, Vice-Chairman ~Ull~ J~ ' I! , ~ /' t", ~ Ric ard A. B ders, Member