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HomeMy WebLinkAboutMinutes 12/17/2024 PUBLIC HEARING December 17, 2024 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Jeff Shroll County Manager Jill Klosterman Chief Financial Officer Beth Oliver County Attorney Ben Morris 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 public comment. Krista Kieser of Eagle-Vail shared a report on America's reaction to the COVID-19 pandemic. The report noted that unscientific COVID lockdowns caused more harm than good. The lockdowns were unnecessary and extracted a demanding mental and physical toll on Americans. Long-term school closures were not supported. As a believer in Jesus Christ, she felt churches should have been essential and not closed in a time of crisis. She prayed that local officials never close churches again. She hoped local officials had learned from the past to listen to differing opinions. Rebecca Wilson spoke about the mandatory masking and vaccine mandates during the COVID-19 pandemic. She believed more harm than good came from that mandate. Chairman Scherr closed public comment. Commissioner Updates Commissioner McQueeney mentioned that Commissioner Chandler-Henry was recently recognized by Congressmen Neguse. She also mentioned a local mayor and manager holiday dinner she attended and commended the synergies created by local leaders working together. She mentioned the Commissioner's recent trip to Washington, D.C. for the Supreme Court hearing. It was a fabulous opportunity to see democracy in action. Lastly, she mentioned that Governor Polis and the Department of Early Childhood Education were acknowledged by a national origination called"Zero to Three" for the good work being done on behalf of children and families. Commissioner Chandler-Henry gave a shout-out to the Eagle County Attorney's office for the Supreme Court case. The County filed suit many months ago with concerns over the proposed railway that would carry heavy crude through Eagle County. They were joined by a group of environmental organizations in the lawsuit,and surprisingly enough, it ended at the Supreme Court. The county's team did an outstanding job getting Eagle County ready and working with folks who knew how to argue in front of the Supreme Court. The commissioners were there to represent the county and listen to the case. This was important for the whole State and everyone who depended on the Colorado River. She hoped to win the case but would not know until late Spring. She also wished everyone happy holidays. Chairman Scherr spoke about the addition of Frontier Airlines and the special low introductory fares. He encouraged folks to"look before you book." 1 12/17/2024 County Manager Update Jeff Shroll also mentioned the new flight opportunities at the airport. He stated that it was an honor to be in Denver last Friday with Regina O'Brien to attend an award ceremony with Congressman Joe Negus recognizing Chandler-Henry's lengthy resume and her commitment to protecting water and natural resources in Eagle County. Consent Agenda 1. Resolution 2024-097 Concerning Hearings on Taxpayer Generated Petitions for Abatement and Refund of Taxes Before the Eagle County Board of County Commissioners-R031467 Tracy Stowell,Attorney's Office 2. Intergovernmental Agreement Between Eagle County and Eagle County School District for Funding of Prevention Coordinators for Eagle County Schools 2024 Maria Gonzalez,Public&Environmental Health 3. Agreement for Procurement and Installation of Services Between Eagle County and Jones Cattle Co. for fencing replacement,retrofit, and removal at the Brush Creek Valley Ranch and Open Space Peter Suneson, Open Space and Natural Resources 4. First Amendment to Agreement Between Eagle County and Correctional Psychology Associates,P.C. dba Correctional Psychology Associates for Crisis Services in the Eagle County Jail Sarah Kennedy, Sheriff's Office 5. First Amendment to Lease Agreement between Eagle County and Eagle Valley Child Care Association-Miller Ranch Lease Renewal Jan Miller,Facilities 6. Third Amendment to Agreement between Eagle County and Firkins Garage Doors, Inc. for on-call overhead and other access door repairs and maintenance at County owned facilities. Ron Siebert, Facilities 7. Intergovernmental Agreement for the Funding of the Eagle County Victim Services Unit Dan Loya, Sheriff's Office 8. Memorandum of Understanding Colorado Child Care Assistance Program Megan Burch, Human Services 9. Third Amendment to Agreement Between Eagle County and Eagle Valley Mental Health dba Eagle Valley Behavioral Health(EVBH) Hollis Dempsey,Human Resources 10. Intergovernmental Agreement Between Roaring Fork Fire Rescue and The County of Eagle, State of Colorado for Fuel Purchases Deena Eaton,Fleet Services 11. Agreement for Professional Services Between Vector Airport Systems,LLC&Eagle County to Manage Landing Fees for General Aviation Aircraft 2 12/17/2024 David Reid,Airport 12. Resolution 2024-098 Approving Final Release of Collateral and Termination of Warranty Period for Frost Creek Filing No. 5 Frost Creek and Salt Creek PUD File No. PDF-009126-2020 Rickie Davies,Engineering 13. Fourth Amendment to Agreement between Eagle County and Arthur J. Gallagher Risk Management Services, LLC Abby Dallmann,Administration 14. 2025 Insurance Program Abby Dallmann,Administration 15. 2025 Community Development Block Grant Intergovernmental Agreement-Northwest Loan Fund Anna Earl,Finance 16. Final Contract Payment-Gould Construction-Hillcrest Roundabout Rickie Davies,Engineering 17. Final Contract Payment-Gould Construction-West Lake Creek Road Bridge Rickie Davies,Engineering 18. Final Contract Payment-Nottingham Excavating&Trucking-Open Space Adam's Way Connector Trail Rickie Davies,Engineering 19. Approval of the Minutes for the Board of County Commissioner Meetings for September 3, September 10, October 1, and October 7th 2024 Kathy Scriver, Clerk&Recorder's Office Commissioner McQueeney moved to approve the Consent Agenda for December 17,2024 as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Airport Terminal Corporation. Commissioner McQueeney seconded the motion. The vote was unanimous. Eagle County Airport Terminal (ECAT) Board 1. Eagle County Airport Terminal(ECAT)Lease Agreement with Transportation Security Administration Jodi Doney,Airport Executive Summary: This amendment is a 5-year lease renewal for the Transportation Security Administration (TSA)at Eagle County Regional Airport. Jodi Doney, Terminal Operations Manager,presented the agreement. The lease was for office and breakroom space for TSI. 3 12/17/2024 Jill Klosterman moved to approve the Eagle County Airport Terminal(ECAT)Lease Agreement with the Transportation Security Administration. Jeff Shroll seconded the motion. The vote was unanimous. Commissioner Queeney moved to adjourn as the Eagle County Airport Terminal Corporation 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. Riverview Apartments Rent Schedule Low Rent Housing, effective on 11/01/2024 Daniel Murray,Housing Executive Summary: Every year the Department of Housing and Urban Development, along with the Colorado Housing and Finance Authority, analyzes the rents at the Riverview Apartments as part of their Housing Assistance Payment process. In 2024, Riverview conducted a Rent Comparability Study which resulted in a large increase to the rents that HUD will subsidize per our contract that goes through 2040. Because the prior rents were low compared to the Vail Valley area and the expense of operating a property in a resort area, HUD has agreed to this increase. These rents do not affect the renters who have subsidies and will assist in future projects and operation on property. The increase resulted in an annual revenue increase of$545,846 for the property. Management is looking forward to spending these funds in the coming years on improving the property. Daniel Murray,Eagle County Housing Manager,presented the rent schedule. He stated that the market rates were determined through a professional rent compatibility study conducted every five years. The 2024 Rent Comparable Study(RCS)was conducted by Cushman&Wakefield out of Denver. The current rates were determined to be well below market, and HUD agreed to the higher rates beginning 11/01/2024. The increase would not affect eligible residents,who would still pay 30%of their income. Commissioner McQueeney moved to approve the Riverview Apartments Rent Schedule Low Rent Housing, effective on 11/01/2024. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. Eagle County Housing and Development Authority and the State of Colorado entering into a Grant Agreement for the expansion of the Aid for ADU Loan program Kim Bell Williams,Housing Executive Summary: The Eagle County Housing and Development Authority applied for additional grant funding to support the Aid For ADU Loan program,created in 2022. The state of Colorado awarded this program $2,500,000 from the Affordable Housing Investment Fund to expand the program in 2023. This Agreement will provide the funds to the program in a revolving fund administered by ECHDA and Impact Development Fund. Program funds will be immediately available to Eagle County residents who want to add an Accessory Dwelling Unit to their homes in order to house more local residents. Kim Bell Williams, Eagle County Housing Director, stated that the contract was with the State for funding to support the Accessory Dwelling Unit(ADU)Loan program. Commissioner Chandler-Henry moved to approve the Eagle County Housing and Development Authority and the State of Colorado entering into a Grant Agreement for the expansion of the Aid for ADU Loan program. 4 12/17/2024 Commissioner McQueeney seconded the motion. The vote was declared unanimous. 3.Agreement for Professional Services between Eagle County Housing and Development Authority and Placemate, Inc. Daniel Murray,Housing Executive Summary: Since its inception in 2022,the Lease to Locals program has successfully expanded rental opportunities by incentivizing property owners to transform their vacant or short-term rental properties into long-term housing solutions for local residents. In the life of this program in Eagle County, it has converted 55 properties,providing homes for 112 individuals, including 88 adults and 24 children. The average rent per property stands at$2,325,with an average rent per bedroom of$1,100. This initiative has been instrumental in addressing the community's housing needs,and we are deeply grateful for the support and participation of property owners, tenants, and our dedicated program partner,Placemate. The program's innovative approach offered attractive cash incentives to property owners, effectively increasing rental inventory while ensuring rental rates remained affordable and accessible to our local workforce. The average incentive per property was $8,500,or about$4,000 per bedroom. Through strong community partnerships,we made a significant impact on Eagle County's housing landscape by adding rental properties in Eagle, Gypsum,Vail, Edwards,Avon, Basalt, El Jebel, Red Cliff, and Minturn. As we move forward with housing program evolution and community needs,we have decided to wind down the Lease to Locals program. This decision comes after careful consideration and reflects our commitment to evolving our strategies to best serve our unique rural resort mountain communities. While the program has been a valuable solution,we recognize the need to address emerging challenges and opportunities in our housing market. We extend our heartfelt thanks to Placemate for their support and dedication as our program administrator. Their efforts have been instrumental in the program's success, and we look forward to exploring new ways to collaborate in the future. Mr. Murray explained the goal of revising the Bold Housing Moves, Lease to Locals program. The program started in 2022.Unfortunately,the program had not hit the short-term rental market as intended. There seemed to be more second homeowners using the program and then renting out their properties. Staff decided to wind the program down. In 2025,they would be contracting with Placemate to work with landlords to make sure that leases were finalized and went to completion. Any dollars left for the program would be diverted to new or currently successful programs with long-term affordability. Commissioner McQueeney moved to approve the Agreement for Professional Services between Eagle County Housing and Development Authority and Placemate, Inc. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. 4. Resolution 2024-099 Authorizing Executive Director of the Eagle County Housing and Development Authority to Execute Agreements and Documents Associated with the Recording of Deed Restrictions For Fox Hollow Units Kim Bell Williams,Housing Executive Summary: The Fox Hollow PUD has provided for 36 deed-restricted for-sale units for the benefit of the Eagle County Housing and Development Authority. In accepting those deed restrictions, ECHDA worked with the developer and buyers within those transactions. There are some corrections to be made to the recorded Fox Hollow deed restrictions,primarily with a PUD amendment to Building M. This resolution allows for the deed restriction corrections to be signed by the Housing Director or Housing Manager, as needed. 5 12/17/2024 Ms. Bell Williams presented the item and stated that the resolution would allow her to make corrections and sign documents associated with the Fox Hollow deed restriction. Commissioner Chandler-Henry approved the Resolution Authorizing the Executive Director of the Eagle County Housing and Development Authority to Execute Agreements and Documents Associated with the Recording of Deed Restrictions For Fox Hollow Units. Commissioner McQueeney seconded the motion. The vote was unanimous. 5. Review and Adoption of the 2025 Riverview Apartments Budget Anna Earl,Finance Executive Summary: Review and Approval of the 2025 Riverview budget by the Eagle County Housing and Development Authority. Anna Earl, Eagle County Finance Director, stated that Riverview Apartments was a limited partner with the Eagle County Housing and Development Authority(ECHDA), so there was not a resolution of the budget adoption. However,verbal approval was required to approve the budget for Riverview as the County managed the property. Total expenditures for 2025 were $1.2 million, and no changes were made to the budget after the budget presentation. Commissioner Chandler-Henry moved to adopt the 2025 Riverview Apartments Budget. Commissioner McQueeney seconded the approval. The vote was declared unanimous. Commissioner Queeney 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. Business Item(s) 1. Resolution 2024-100 Authorizing the Aid For Accessory Dwelling Units (ADUs)Program's Phase Two Program Guidelines Kim Bell Williams and Bob Monaghan, Housing Executive Summary: In 2022,the Eagle County Housing and Development Authority approved a Bold Housing Moves program called the Aid For ADU Loan program that provides a homeowner with a loan in order to add an Accessory Dwelling Unit to their property. The program has been well received by the public and has created 21 additional housing units in Eagle County over the last 2 years with several more on the horizon. In 2022,ECHDA applied for and received$2,500,000 in state grant funding to match ECHDA's funding of $2,500,000 into a revolving loan fund established to support this program into the future. With these additional funds,the Phase Two of the ADU Loan program will include a higher loan amount of$150,000, a 4%interest rate, and a 15 year recorded deed restriction on the ADU. In total, $5,000,000 will support this program in Eagle County and bring new housing units for the local residents at a rental rate capped at 100%of area median income. Ms. Bell Williams stated that in July of 2021,there was some discussion about housing needs across the County, and this ADU loan program was one that had been discussed. Bob Monaghan, Broker with the Valley Home Store, explained the details of the ADU program. The program launched in May of 2022, and 22 units have been created. There were three more in the pipeline. Currently 6 12/17/2024 there were over$2 million in loans,the average loan amount, under$100,000. The proposed changes would g justp P increase the loan amount to $150,000 and require there be a deed restriction on the rental for 15 years. Ms.Bell Williams stated that there would be a total of$5,000,000 in the revolving fund. Commissioner Chandler-Henry moved to approve the Authorizing the Aid For Accessory Dwelling Units (ADUs) Program's Phase Two Program Guidelines. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. Resolution 2024-101 Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners, Office Hours, Legal Holidays,and Payroll for Fiscal Year 2025 Dani Moore,Administration Executive Summary: The commissioners will be reviewing public meeting dates,hours of operation, county holidays, and payroll schedules for fiscal year 2025 Rhea Silverkorn, Eagle County Executive Coordinator,presented the resolution. She highlighted Exhibit A, county holidays. Feedback was requested by staff regarding the Christamas holiday schedule. She gave a special thank you to Human Resources and Finance forthe extra work required due to the half day. She stated that the meeting schedule, Exhibit B,was subject to change throughout the year. She gave a shout-out to Dani Moore for her work on the schedule. She also mentioned the addition of the floating holiday. Commissioner McQueeney moved to approve the Resolution Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners, Office Hours,Legal Holidays,and Payroll for Fiscal Year 2025. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Renewal of Certificate of Participation(COP)Leases Julia Asoian and Anna Earl,Finance Executive Summary: Renewal of Certificate of Participation leases to pay base rentals(principal and interest)on 2015,2019 and 2021 COPs. Renewals will be forwarded to our trustee contact with UMB Bank upon signature. Please initial option a and sign at bottom when approved.Do not initial option b. Anna Earl, Eagle County Finance Director, stated that there were four attachments, one for each certificate of participation. In the past several years,they issued four certificates. By signing the documents,the board was saying that Eagle County Government in their 2025 budget had an appropriation to make payments on the debt in a timely manner. Commissioner Chandler-Henry moved to approve the renewal of Certificate of Participation(COP) Leases. Commissioner McQueeney seconded the motion. The vote was unanimous. 4. Agreement for Cooperative Wildfire Protection Between Eagle County acting through its Board of County Commissioners,the Eagle County Sheriff and the State of Colorado acting by and through the Department of Public Safety Birch Barron, Emergency Management 7 12/17/2024 Executive Summary: The agreement for Cooperative Wildfire Protection is an agreement between the Colorado Division of Fire Prevention and Control(DFPC)and the individual counties. This document is the foundation for how each county and DFPC work together before, during, and after wildfires, and is needed to ensure funding assistance and other programs are in place and available to the counties. Eagle County last signed this agreement in 2020. The version being adopted updates a few sections to bring the agreement in line with existing practices and makes this agreement current. Birch Barron, Eagle County Director of Emergency Management,presented the agreement. The agreement was reviewed annually by partners and was signed every five years. The agreement was signed by the County Commissioners and the Sheriff because when a fire exceeded the capability of the fire protection district or municipal fire department, the fire chiefs came to the County to ask the County to accept responsibility for the fire,The Sheriff then becomes the operational lead for the fire, and the County budget becomes the fiscal lead for the fire. The agreement outlined those processes for cost-sharing and a number of other things. James Van Beek,Eagle County Sheriff, stated that the agreement was clean-cut and almost identical to what had been approved before. His office was happy with the agreement,and he hoped for a low fire season. Because there were so many players in fire suppression and evacuations, it can get very complex and expensive. Battalion Chief Renee Nicoletta stated that the agreement formalized the relationships between the State and the County so when there was a wildfire,people weren't scrambling. It did allow for some flexibility because every fire may be different. Commissioner Chandler-Henry moved to approve the Agreement for Cooperative Wildfire Protection Between Eagle County acting through its Board of County Commissioners,the Eagle County Sheriff and the State of Colorado acting by and through the Department of Public Safety. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room 1. Annual Appointment Resolution Discussion Elected Officials Lunch Meeting - Holy Cross Room Meet & Greet - Holy Cross Room 1.New Fair&Rodeo Council Member Ann Luark Meet&Greet Work Session - Eagle County Room 1. Fairgrounds Proposed Events and Ice Center 8 12/17/2024 Planning File - Eagle County Room 1.AFP-009430-2024 Lot 5,Block 5,Filing 34, Cordillera Subdivision Executive Summary: A request for an Amended Final Plat to relocate the platted building envelope approximately 66.5 feet to the west. Hearing Date: December 17,2024 Project Name: Lot 5,Block 5, Filing 34, Cordillera Subdivision File No.: AFP-009430-2024 Location: 700 Granite Springs Trail(Assessor's Parcel#2107-153-03-002) Owners/Applicants: Steve &Lischen Pinado Representative: Rick Dominick-Dominick Architects Staff Planner: Vince Hooper,PMP, Senior Planner Recommendation: Approval with Conditions Eagle County has received an application from Steve and Lischen Pinado(collectively,the"Applicant")for an Amended Final Plat to relocate the existing building envelope approximately 66.5 feet to the west in order to align with neighboring envelopes,require less impacts to trees and provide a more suitable onsite wastewater treatments system(OWTS)location(the"Application"or"AFP"). The parcel is identified as Lot 5, Block 5, of the Cordillera Subdivision, Filing No. 34, Lots 4, 5, 6, 7, and 11,Block 5 and Tract C according to the plat recorded August 30, 1999, at Reception No. 707093 in the Office of the Eagle County Clerk and Recorder. Lot 5 is approximately 2.204 acres in size and is located at 700 Granite Springs Trail, in the Edwards area and is also known as Assessor's Parcel #2107-153-03-002 (the"Property"). The Property is zoned Planned Unit Development(PUD) and is currently vacant. The Application materials are included as Attachment 1. Vince Hooper,Eagle County Staff Planner, stated that a notice went out at 3 p.m.today and was also noticed for 4 p.m. He requested that the meeting be opened and continued at 4:00 p.m. Commissioner McQueeney moved to continue the file AFP-009430-2024 Lot 5, Block 5,Filing 34, Cordillera Subdivision until later this afternoon at 4 pm. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Chairman Scherr opened the meeting. Mr. Hooper stated that,typically, this type of application would be handled through an administrative process. However,because it was in Cordillera,this application required signatures from all adjacent property owners, of which were not received, so a public hearing before the board was required. The applicants, Steve and Lischen Pinado,were requesting to relocate the existing building envelope approx 66.5 feet to the west to align with neighboring envelopes,require less impact to trees,and provide a more suitable onsite wastewater treatment system. The property was platted in 1999 and was a legal lot. The property was within the Cordillera PUD and is within Planning Parcel U of the PUD Guide. The property was also within a ridgeline area. He reviewed the standards and indicated that the application met the standards, and staff recommended approval. The property was currently unimproved. The size and shape of the building envelope would not change. There had been no public comments to date. Staff found that the application complies with the applicable standards for an Amended Final Plat and recommended approval with conditions. Rick Dominick,Dominick Architects,had nothing to add and believed the staff did well. Chairman Scherr opened and closed public comment, as there was none. Commissioner Chandler-Henry believed the application met the five County standards and the standards required by Cordillera. She had no questions and was prepared to vote yes with the recommended conditions. Commissioner McQueeney concurred with her fellow commissioner. 9 12/17/2024 Commissioner Scherr had nothing to add. Commissioner Chandler-Henry moved to approve File No.,AFP-009430-2024,Lot 5,Block 5,Filing 34, Cordillera Subdivision, incorporating staff's findings and recommended condition,because this application,as conditions,meets the standards for approval of an Amended Final Plant. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room 1. Pretrial Services in Eagle County Work Session Executive Summary: The Eagle County Pretrial Services Members and stakeholder group would like to explain what pretrial services means and how it would benefit Eagle County. The committee requested that Eagle County Government support and lead the creation of these services within the Eagle County community. c EAGIEr0Gya There being no further business be r J% .r t,, e meeting was adjourned until December 20, 2024. COI OR AO° CI Attest: Al v i M Clerk to the Board Chairm 10 12/17/2024