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HomeMy WebLinkAboutMinutes 03/26/2024 PUBLIC HEARING March 26, 2024 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Jeff Shroll County Manager Mike Nugent Chief Strategy Officer Beth Oliver Interim County Attorney Matt Peterson Assistant County Attorney Kathy Scriver 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: Constituent Input Chairman Scherr opened and closed constituent input, as there was none. Commissioner Updates Commissioner Chandler-Henry had no updates. Commissioner McQueeney spoke about the most recent"Ski with the Elected Officials Day"in Snowmass. There was quite a showing and she expressed appreciation for those who took the time to attend. Chairman Scherr said thank you and congratulations to the EFEC. It was an amazing Project Funway event. A lot of money was raised for the foundation. County Manager Updates Jeff Shroll gave a shout-out to everyone in the county manager's office who held down the fort for a couple of weeks while he was out. Business Item 1. Resolution 2024-018 Review and Approval of the 1st Supplemental Budget 2024 Anna Earl,Finance 21 st 2024,and the review and request for these Executive Summary: Public notice will be completed on Marchq p additional appropriations will be made in the March 26th,2024 public meeting. Anna Earl,Finance Director,presented a summary of the revenues and expenditures included in this supplemental request. Since this was the first supplement of the year, it did include carryforwards for projects not completed in 2023. She reviewed the new requests for the 2024 budget. Overall total revenue totaled $19,105,083 and expenditures totaled$43,962,909. She reviewed the larger items. A project description for each 1 03/26/2024 new request and carry forward was provided in the BoardDocs presentation. She reviewed each of the carryforwards projects. She summarized the personnel changes and noted that the 2024 budget was not increased and no FTEs were added to the budget due to the leveling off of sales tax revenue. In this supplemental request, they did receive some FTE requests and were proposing to add 3.1 FTEs. For Vegetation Management,they requested two seasonal staff members. This department was awarded a grant on behalf of the Colorado Watershed Group. This grant required that the vegetation management program add these additional FTEs over three years. The county would be awarded$330,000 to complete the work. The Airport would like to participate in a two-year apprenticeship program called Career-Wise. This program would support two college students to work at the airport this summer. This request only included the expense realized in 2024. As the program continued, it would be added to the appropriate budget. The Facility team would like to hire a maintenance tech who is an expert on the HVAC system as this person had given notice that they plan to retire soon. Once the current employee retires,the position would not be filled. The last request was from the Housing team for the homelessness service program. Commissioner Chandler-Henry believed the county was in a healthy financial position. Commissioner Chandler-Henry moved to approve the 1st Supplemental Budget 2024 Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Eagle County Housing and Development Authority 1. Review and Approval of the ECHDA 1st Supplemental Budget 2024 Anna Earl,Finance Executive Summary: 2024 1st supplemental request to the ECHDA budget. Ms. Earl stated that this request was for the Riverview Apartment property. In 2023 there were some issues with the sewer pump system. Due to some supply chain issues, the project was being carried forward into 2024. Commissioner Chandler-Henry moved to approve the Eagle County Housing and Development Authority. 1st Supplemental Budget 2024. Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. 2 03/26/2024 Work Session- Eagle County Room 1. Early Head Start Data Dashboard Kendra Kleinschmidt, Human Services Executive Summary: Early Head Start will present a data dashboard. Including data about program& school readiness goals,program participants, education and disabilities, family support services,health services,and program management. Data is updated at regular intervals. Site Visit - El Jebel Canceled Planning File Tabling - Eagle County Room 1. Tabling Request: Twin Acres Riding Stable and Boarding Stable ZS-009260-2022 Vince Hooper,Community Development Executive Summary: Consideration of a tabling request to June 11, 2024 for a Consolidated Special Use Permit for the development and operation of a 25-stall horse boarding stable and a 100 x 200 foot covered riding stable, proposed to be commercial operations and open to the public on a reservation basis as space allows to accommodate horse boarding&horse riding,training and lessons. Matt Peterson,Assistant County Attorney, advised the board on the applicable regulations and standards for considering the tabling request. He noted that no limit was placed on the number of continuances as long as the board continued to make findings of good cause. He understood that there had been some concerns about the number of times this file has been continued, and perhaps questions about whether the application should be deemed withdrawn under the code, pursuant to the LUR an application that is dormant for 90 calendar days shall be deemed withdrawn however an application shall not be deemed withdrawn if the applicant demonstrated due diligence in pursuing the application and communicates a viable reason for the delay to the Planning Department. In this instance,the record reflects that the applicant has been diligent in pursuit of the application and has communicated the reason for delays to staff. The primary delay resulted in the applicant's pursuit of a water decree in case 22 CW 3109. He had reviewed the record for the case, and the record indicated that the applicant had consistently participated in the case and recently obtained a proposed order from the water referee. Throughout that case,the applicant had provided staff with updates on the case and had appeared at the hearing to provide the board with updates. He would consider that to be due diligence in the pursuit of the application and did not believe the application should be withdrawn. The board may consider public comment concerning a tabling request. However,the board should avoid considering any merits of the file,and any public comment taken should result in whether there is good cause for the tabling request. Vince Hooper, staff planner, added that new information had surfaced. The applicant needed some time to evaluate and respond to a letter received from the Aspen Valley Land Trust concerning a secondary emergency access drive requested by the Fire District as well as housing and job mitigation. June 11th was the soonest available date for the applicant. Doug Pratt,representative for the applicant, stated that there had been a lot of public comment in the last 30 days. The applicant requested more time to respond to the new information that came in regarding emergency access and job generation with regard to housing. Chairman Scherr mentioned that he would not be available for a June l lth meeting. Mr. Peterson suggested that the board consider the tabling request before a date is decided. Trent Hyatt, Community Development Deputy Director,was present remotely. He was in El Jebel and stated that there were a couple of folks who showed up to attend the meeting but had no comments at this time. 3 03/26/2024 Chairman Scherr opened public comment. Susan Sullivan, of 325 Milbern Court in Missouri Heights, spoke about the tabling timeline. Today marked the 5th tabling on this application. She believed the tableings were systemic. The staff report was now over 14 months old. It had been 18 months and not much happened to resolve any of the issues. These tablings put a burden on the community. Just for today's meeting,they had 26 prepared speakers. She believed the project timeline was a model of inefficiencies. Robert Sardinsky, of 904 Fender Lane spoke. There had been numerous concerns raised over this application. He believed that there were still unresolved issues and insufficiencies in the applications. He didn't believe that the applicant could resolve many of the new conditions raised by June and asked that the board consider that when reviewing the request for a tabling. Karen Moculeski of 1140 Sunset Lane in Missouri Heights spoke. As a representative of"Keep Missouri Heights Rural," she requested a denial of further tabling. She believed the applicant had failed to diligently pursue important conditions necessary for approval and failed to provide complete and accurate information resulting in these requests for multiple tablings. She also respectfully requested that public comment be extended from 3 to 6 minutes for future meetings. Chairman Scherr asked if the applicant wished to respond to the public comments. Doug Pratt stated that he did not wish to respond to some of the comments related to the application itself. He believed the applicant had demonstrated over the last year putting together all the appropriate water information. He understood that this had taken some time,but they would provide a report at the next public hearing. They had diligently spent time putting the water information together and have been working with the Aspen Valley Land Trust and Roaring Fork Fire and Rescue. The applicant was respectfully requesting the time to work with these partners to come to a resolution that they could bring forward to the board for their consideration. Mr. Peterson advised the board that the issue before it was whether there was good cause based on this specific request to address the Land Trust letter, secondary access, and the housing plan. He understood the frustration with the amount of time that the water rights took,but the time that the water rights took was no longer relevant. The inquiry was limited to whether there was good cause based on the facts presented by staff and the applicant today. He advised the board not to consider whether it is going to be amending its public comment policies for future hearings. The question here today was whether the applicant had shown good cause for a tabling. Commissioner McQueeney believed the applicant had shown just cause for the two reasons that it needed to be tabled. Commissioner Chandler-Henry concurred with Commissioner McQueeney and noted that a board was charged with evaluating the merits of a special use permit request on private property,but at this time the board was only considering whether the application could be tabled. She noted that the board read every comment and every letter and paid attention to both the applicant and the public comment. Chairman Scherr understood everyone's frustrations but believed the tabling request met the standard for good cause. 4 03/26/2024 Commissioner Chandler-Henry moved to table file no. ZS 009260-2022,Twin Acres Riding Stable and Boarding Stable until June 18,2024. Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney requested a meeting with the county attorney concerning the request for additional time and to come up with a plan before the day of the hearing so the public was aware of any changes. �06 EAG(t There being no further business befor- �.:rithe meeting was adjourned until April 2, 2024. op Attest: /// A ler o the Board Chairman 5 • 03/26/2024