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; w 'Jq2 <br />A114- I <br />Commissioner Bird asked if Mr. Gallagher wished to be left out <br />totally, or if he objected to the formula used in calculating his <br />assessment. <br />Mr. Gallagher preferred to be excluded because he was given no <br />notice, his property was not a substandard lot, and he was not part <br />of Glendale Lakes Subdivision. If he could not be excluded, he <br />asked the Commissioners, sitting as the Equalizing Board, to make <br />an adjustment on the assessment to bring it in line with the <br />alleged benefits he would receive by having the water line in front <br />of his property. <br />Commissioner Bird asked, and Mr. -Gallagher confirmed that he <br />has a single-family home and the major portion --of the property is <br />fenced for horse pasture. He also stated that he has no plans to <br />subdivide his property. <br />Utility Services Director Terry Pinto advised that Mr. <br />Gallagher would not agree to a restrictive clause in his deed which <br />would stand in perpetuity. <br />Mr. Gallagher responded that he would agree not to subdivide <br />but would never include language with "forever" in his deed. He <br />thought it is not logical to subdivide because of the way the <br />parcel is shaped. <br />Commissioner Bird asked whether the water line in front of Mr. <br />Gallagher's property could be eliminated from this project. <br />Director Pinto explained that we are always going to have <br />streets with one type of development on one side of the street and <br />another type on the other side. If Mr. Gallagher did not pay his <br />portion of the cost, it would not reduce the total cost of the <br />system, and his portion of the cost would be rolled over and <br />divided among the other users within the system. Director Pinto <br />-would not recommend excluding Mr. Gallagher unless his portion of <br />the cost would be paid for from general funds or elsewhere. He <br />further explained that while Mr. Gallagher has 3.9 acres, we are <br />assessing only 2 acres because of the unusual shape of his <br />property. If the assessment were based on zoning units, Mr. <br />Gallagher would be assessed $5,000 more than the calculation using <br />square footage. Director Pinto pointed out that if Mr. Gallagher <br />had a deed restriction that nothing can ever be built except that <br />one home, then he would receive the same benefit as the smaller <br />lots; but he refuses to do that. <br />Commissioner Bird asked whether we could design a system that <br />would satisfy the needs of the Glendale Lakes Subdivision, exclude <br />Mr. Gallagher and the other properties on that side of 10th Street, <br />and if Mr. Gallagher decides at some point in the future that he <br />36 <br />