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HomeMy WebLinkAboutMinutes 08/12/03 PUBLIC HEARING AUGUST 12,2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Teak Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first matter before the Board is an Executive Session. Commissioner Stone moved that the Board of County Commissioners go into Executive Session for the purpose of determining positions relative to franchise negotiations with Comcast Cable and Century Tel Cable and for the purpose of receiving legal advice on specific legal questions concerning negotiations and litigation for the following water related matters: Green Mountain Reservoir Litigation, Statewide Water Supply Initiative and projects and role of Eagle Park Reservoir Company and for the purpose of discussing the potential acquisition of State Land Board Property for the purposes of construction a bicycle/pedestrian trail from Avon to Down Junction and finally for the purpose of discussing specific legal questions relating to the budget, all of which are appropriate topics for discussion pursuant to c.R.S. 24-6-402 (4)(a)(b) and (e). Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved that the Board adjourn from Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of August 11,2003, subject to review by County Administrator B) Approval ofthe minutes ofthe Board of County Commissioners meeting for July 22, 2003 C) Resolution 2003-092, concerning appointments to the Eagle County Regional Transportation Authority D) Amended Lease Agreement between Aspen Community Theatre and Eagle County to extend their Lease through May 31, 2004 E) Lease Agreement between the Town of Basalt and Eagle County for the term of June 1, 2003 through May 31, 2004 F) Resolution 2003-093, accepting the dedication of certain land to facilitate the expansion and improvements to County Road S-13, EI J ebe1 Road G) Construction Contract and Agreements for the Avon to Dowd Junction Trail Project, Phase I H) Agreement between Eagle County and Jerome Evans, PHD I) Agreement between Eagle County and The Literacy Project 1 August 12,2003 J) First Amendment to the Agreement for professional services for the final design and the replacement Cemetery Bridge. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated Item G, Construction Contract, should be withdrawn for one week. Commissioner Stone moved to approve the Consent Agenda as presented, excluding item G, the Construction Contract for the Avon to Dowd Junction Trail Project, Phase I. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2003-094, To Correct Resolution 2003-073, which Approved the Sketch Plan for the Siloam Springs Planned Unit Development (Eagle County File No. PDS-00032. This resolution was previously approved by the Board on June l7t\ 2003. A clerical error was subsequently found, however, and this corrected copy is being returned today the Board's signature. The Board considered the Applicant's request on May 13th, 2003. Chairman Gallagher asked if part of this resolution should repeal the previous resolution. Ms. Mauriello responded that there are one of two ways to deal with this situation. The title could reflect a correction and there could be a "whereas" clause added to the new resolution. The Board concurred to add the additional clause. Ms. Mauriello stated the resolution will be re-submitted with the addition of a "whereas" statement later today. Interest Report, Quarter 2 - 2003 Karen Sheaffer, Eagle County Treasurer, presented the Interest Report for Quarter 2,2003. Ms. Sheaffer stated that the 2.64% current interest rate does not make the interest report look good. She stated that she and Mike Roeper, Finance Director, would look at the comparison to the budgeted interest revenues. Last year 1.9 million was made and this year's budget was 1.6 million. She didn't feel like this would be accurate and believes that it could be lower than 1.4 million. Jack Ingstad, County Administrator, asked about the revenues for next year. Mike Roeper, Finance Director, stated he did not have the exact figures with him but he would check on those. Mr. Ingstad asked if Ms. Sheaffer was comfortable with the estimated earnings for next year at 1.4 million. Ms. Sheaffer answered yes. Commissioner Stone stated that would it not be reasonable to budget next year's revenues equal to this year's actual interest. Ms. Sheaffer stated that interest rates are rising and getting better. Based on this information she feels that next year's interest revenues would be stronger than this year's actual's. Mr. Ingstad stated that this decrease would have an impact on the County's reserves not the operating funds. He also clarified that there has been higher sales tax receipts. Commissioner Stone stated that it needed to be kept in context. Mr. Ingstad stated that he felt the County was fine based on the amount of current reserves. Commissioner Stone commended Ms. Sheaffer on the job that she has done. 2 August 12,2003 Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. T oscanini Earlene Roach, Liquor Inspector, presented a modification of premises for Beaver Creek Food Services, Inc., d/b/a Toscanini. The applicant is deleting the area known as Crescendo's from the licensed premises and making it an optional premise. Staffhas no concerns with this application. This application is in order and all fees have been paid. Julie Papengelis, applicant, was present for the hearing. She stated the reason they were reducing the premises was to reduce their exposure for liability. The area would only be open for special events with additional security provided. Commissioner Menconi moved the Board approve a modification of premises for Beaver Creek Food Services, Inc., d/b/a Toscanini. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Other, Grant Agreement Ms. Mauriello presented a Grant Agreement from the F.A.A. granting $135,000.00 to the County for planning in connection with the environmental assessment in the runway extension. She stated the agreement was received yesterday and there is a very quick turnaround required if the County wants to take advantage of this fund. Chairman Gallagher asked about potential liabilities. Ms. Mauriello stated that this grant allowed $135,000 for study of environmental impacts ofthe runway. She stated this is a 90% grant and the County is responsible for 10%. Commissioner Stone moved that the Board approve the aforementioned grant and authorize the Chairman to sign. Commissioner Menconi seconded the motion. The vote was declared unanimous. Public Hearing, Red Table Public Improvement District Resolution 2003-095, Red Table Public Improvement District Bob Shultz, petition representative, presented the revised estimates for the upgrade ofthe water distribution system. He explained that there is a $45,000 addition to the cost estimate in order to insure road improvements. Beech enterprises is advising that the bond amount be $649,000.00. He feels that the estimate is both complete and conservative. Commissioner Stone asked Mr. Schultz when the money would actually be available. Ms. Mauriello stated that she was guessing the money would be available in 2005. The bond documents would have to be put together and issued and the money would be collected the following year. Mr. Schultz stated George K. Baum believes the money would be available in 2004. In essence part of the bond covers the first year's debt service. Commissioner Stone expressed concern about the inflationary factor. Chairman Gallagher asked ifbonds would be for sale prior to the collection of taxes. Commissioner Stone stated that it would be reasonable to include some inflationary factor. 3 August 12, 2003 Mr. Schultz stated that there were insignificant changes on the estimate based on inflationary factors. This is based on a two year trend of equal increases and decreases. Commissioner Stone stated that it would be responsible to ask for more than is needed in order that funds available for the project are not insufficient. This would allow for unforeseen cost increases. Mr. Schultz stated that the people who had looked at the project felt the amount was significant. He stated that if Commissioner Stone would be more comfortable with $675,000, then he would change the amount so that this issue could move forward. Commissioner Stone clarified that the water system would not be fixed if there wasn't enough money available. Chairman Gallagher asked Mr. Schultz to review page 3, the letter from Beech Resource Management. He questioned where in the letter did Mr. Schultz find the "fudge" factor. Mr. Schultz pointed out the 10% contingency on each expense. In his talks with interested contractors their opinion was that this project was closer to $430,000 than the $600,000 figure. He stated that he did not know what would happen 9 months from now with the construction economy. When the unit cost was calculated, Aspen numbers not down valley numbers were used. Chairman Gallagher asked what the County's responsibility would be if the construction was started and it was determined that there were insufficient funds. Ms. Mauriello stated that it would be an issue for the Public hnprovement District. Creative financing options would have to be considered. She did not feel that it would be an obligation for the County general fund. Mr. Schultz stated that the homeowner's association would not ask the County for a bailout in that situation. Commissioner Menconi stated that he was comfortable with the amount Mr. Schultz was asking for and was willing to move forward with the motion. Commissioner Stone stated that there was probably some insurance from the Bond issuer as well. Ms. Mauriello highlighted the fact that the homeowner's association would continue to be responsible for the ongoing costs of maintenance for the system. Mr. Schultz told the Board that the homeowner's association had projected $12,000 a year for ongoing maintenance. The remaining funds collected from the association dues would be put in reserve for the next big building proj ect. Commissioner Menconi moved that the Board find that the petitions have been duly signed by not less than 30% of the electors of the district Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved that Resolution 2003-095 be approved and signed by the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Board of Health. Commissioner Menconi seconded the motion. The vote was declared unanimous. Board of Health Sara Schipper, Health & Human Services, presented an update on the West Nile Virus. She told the Board that there had been 195 confirmed cases and 6 deaths. Eagle County had one positive test on a bird. To date there had not been any positive human cases. A local physician told the Health Department that a local person had been tested but test results had not been received at time of this hearing. Chairman Gallagher asked what the incubation period was. 4 August 12,2003 Ms. Schipper stated she believed the period was 2 weeks. She stated that once it is known that there are mosquitoes carrying the virus it is not necessary to confirm other birds with the disease. She explained that this is the second year for the virus to be present in the state and in most other states. The second year is the worst. There are also some states who do not count someone with a mild fever and less severe symptoms unless their symptoms progress. There are links on the County website with information for the public. She explained that more people die from the flu than from this virus. Currently there is no treatment for this virus. People over the age of 50 are at higher risk. The symptoms are general aches and mild fever. Higher fever and stiff neck accompanied by a rash could indicate a visit to a physician. Kathleen Forinash, Health & Human Services Director, stated that there are other staff members present with more information. Rick Rigolli, Environmental Health, spoke to the Board and explained what had been done to prepare for this eventuality. He stated Ray Merry, Director of Environmental Health, has related that the state did not support spraying to reduce the risk of West Nile Virus. The magnitude of spraying to alleviate the problem would not be fiscally responsible. Mr. Merry suggested that an attempt be made to further educate the citizens of Eagle County. Pamphlets in English and Spanish had already been distributed to the incorporated towns. Chairman Gallagher asked how this message was getting out beside the towns. He suggested the pamphlets be placed in libraries, schools and churches. Mr. Rigolli stated that the season for WNV would be over in the first part of September. Chairman Gallagher asked about the larvicide? Mr. Rigolli stated BTI was preferable. Chairman Gallagher also requested that anyone in fleet maintenance who might be stacking tires which might hold water need to be careful. Mr. Rigolli stated this type of mosquito would breed in an area as small as a hoofprint with water in it. Mr. Ingstad asked Ms. Schipper to review the recording standards in each state because people might be making decisions not to visit Colorado based on our unusually high number of cases. He suggested that our numbers be calculated in the same manner as other states. Ms. Schipper shared that of the 195 cases only 42 cases are serious with meningitis and encephalitis. Chairman Gallagher asked Ms. Schipper to pass on any additional information about statistic reporting. Deb Brown, Eagle County Animal Control, stated that the chances of dogs and cats contracting the virus are rare. Advantix is available for mosquitoes. Horses are more susceptible and their troughs should be cleaned out twice a week. A vaccine is available currently for horses. Commissioner Stone asked if any of the towns are currently spraying for this problem. Gordon Adams, Road and Bridge, stated that Squaw Creek Metro in Cordillera usually has a program. Chairman Gallagher asked staff to research what type of larvicide and insecticide would be used if it is determined in the future that this is warranted. Kathleen Forinash guaranteed the Board that the staff would be diligent about gathering information regarding these options. She would look at concentrated area coverage. Mr. Rigolli told the Commissioners that the mosquito's range is up to 10 miles depending on the wind. Chairman Gallagher encouraged coordination with the federal agencies. Commissioner Stone moved that the Board adjourn as the Eagle County Board of Health and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. 5 August 12, 2003 5MB-00308 Highland Meadows, Filing 2, Lot 15 Joe Forinash, Planner, presented file number 5MB-00308, Highland Meadows, Filing 2, Lot 15. He stated the applicant is requesting a tabling to August 26, 2003. He stated the engineer has not had the opportunity to visit the site. Commissioner Menconi moved to table file number 5MB-00308, Highland Meadows, Filing 2, Lot 15, at the applicant's request. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2003-094, Siloam Springs PUD, PDS-00032 Cliff Simonton presented Resolution 2003-094, To Correct Resolution 2003-073, which approved the Sketch Plan for the Siloam Springs Planned Unit Development, Eagle County File No. PDS-00032. He stated this Resolution was presented earlier in the day but a clause needed to be added. He stated this resolution has been amended. Commissioner Stone moved that the Board approve Resolution 2003-094, To Correct Resolution 2003-073, which approved the Sketch Plan for the Siloam Springs Planned Unit Development, Eagle County File No. PDS-00032 Commissioner Menconi seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until August 19,2003. wli Attest: Clerk to the Boa Chairman 6 August 12, 2003