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HomeMy WebLinkAboutMinutes 02/21/06 PUBLIC HEARING February 21, 2006 resent: Peter Runyon Tom Stone Am Menconi Bruce Baumgartner Bryan Treu Walter Mathews Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Deputy County Attorney 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 Commissioner Stone moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on a request for funding open space in Eagle County which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402( 4)(b), Colorado Revised Statutes. Commissioner Menconi seconded the motion which was unanimously approved. At the close of the discussion, Commissioner Menconi moved to adjourn from Executive Session which was seconded by Commissioner Stone and unanimously approved. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: Approval of Bill Paying for the Week of February 20,2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department B. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for January lO, 2006 Teak Simonton, Clerk and Recorder C. Approval of Program Information Report Plan Kathleen Forinash, Health & Human Services D. Approval of Early Head Start 1 % Reduction Kathleen Forinash, Health & Human Services E. Agreement between Eagle County and Bethany Nelson Lindal to Provide Family Services Kathleen Forinash, Health & Human Services F. Addendum to the Agreement between Eagle County and Growing Years School Kathleen Forinash, Health & Human Services G. Addendum to the Agreement between Eagle County and Catherine Zakoian for Early Childhood Partners Kathleen Forinash, Health & Human Services H. Addendum to the Agreement Between Eagle County and Heart of the West Counseling, LLC for Early Childhood Partners Kathleen Forinash, Health & Human Services Addendum to the Agreement between Eagle County and Julia Kozusko for Early Childhood Partners Kathleen Forinash, Health & Human Services 1 2/21/06 J. Addendum to the Agreement between Eagle County and Kristi Grems for Early Childhood Partners Kathleen Forinash, Health & Human Services Addendum to the Agreement between Eagle County and Jeanne McQueeney for Early Childhood Partners Kathleen Forinash, Health & Human Services L. Addendum to the Agreement between Eagle County and Olga Wilkins, MS PC for Early Childhood Partners Kathleen Forinash, Health & Human Services M. Pasture Lease by and between Eagle County, State of Colorado and Chris Estes County Attorney's Office Representative N. Resolution 2006-015 Amending the Eagle County Land Use Regulations, To Establish Procedures for Imposition of Emergency Service Impact Fees for Land Development Activities that Generate an Increased need for Additional Fire and Emergency Medical Services Capital Improvements (Eagle County File No. LUR-0052) Bob Narracci, Community Development o. Resolution 2006-016 Denying the Subdivision Preliminary Plan for the Palmero sa Ranch Subdivision (Eagle County File No. SUP-00008) Joe Forinash, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no revisions or changes. Commissioner Stone moved to approve the Consent Agenda, Items A-O. Commissioner Menconi seconded the motion. The vote was declared unanimous. Citizen Input There was none Presentation of American Public Works Association Award to the Engineering Department for the Edwards Elementary School Zone Safety Enhancement Project Chairman of the Board of County Commissioners Helen Migche1brink, County Engineer stated that out of 47 projects, the Edwards Elementary School Zone Safety Enhancement Project was selected. She asked the Engineering Department to stand and take a bow. Dave Lach, Edwards Metro District Board Member was present. The project involved Edwards Metro District, the School District and Eagle County collaborating to put the project together. Chairman Runyon presented the Public Works Award and asked Ms. Migchelbrink to explain the project. Ms. Migchelbrink stated that she was contacted by the PT A president and asked to build a path that would link the trailer park on US Highway 6 to Edwards Elementary. There were many children walking in the middle of the Lake Creek Road to get to school. They also put in a variety of school zone signs. The project has been very successful. First Supplementary Budget Mike Roeper, Finance 2 2/21/06 Mr. Roeper provided an updated version of the budget to the Board. He asked for approval of a supplemental budget in the amount of$20,853,137. The majority are carry forwards for various larger projects within the County. Commissioner Menconi asked about the item related to attorney legal cost for water rights in the amount of 79,715. Bryan Treu, County Attorney stated that it was money they had in their previous fund from last year. It was carried over because they're expecting some significant bills in a particular water case. Commissioner Menconi asked about the Facilities Program Fund-Road & Bridge Shop carry forward money. Mr. Roeper stated that the $1,500,000 was new money requested to be set aside for the new facility, not a carry over. Commissioner Menconi wondered when it was decided that the money would be set aside for the project. Bruce Baumgartner, County Administrator stated that it was his understanding that the Commissioners decided last year to go forward with project. Commissioner Menconi stated that he was under the impression they were planning the project this year and building next year. Commissioner Stone stated that the planning was delayed because the county entered into talks with the Town of Basalt and Pitkin County; they spoke of having a joint facility which ultimately slowed down the process. He believes that the project needs to get going so it will end up being a carry over in 2007. Helen Migchelbrink, County Engineer spoke. She stated that the project was going to be planned last year and planning had halted because a three way building was proposed. At this point they have just started sighting the project. She believes it's ambitious to think that the facility could be constructed this year. Commissioner Stone asked how much money it would take to accomplish what she thought could be accomplished this year. Ms. Migchelbrink stated that the $l25,000 in planning would more than adequately cover an architect and utility extensions. Commissioner Menconi stated that setting aside $1,500,000 wasn't appropriate. He believes that the 'Jroject should be worked in and a project plan be submitted. Chairman Runyon stated that he didn't believe there was a problem with leaving the money in if engineering agreed. He wondered if talks had stalled with Pitkin County and if they'd be contributing as well. Mr. Baumgartner stated that he'd met with the Pitkin County manager and they were in support of paying what ever was appropriate. Chairman Runyon asked Road and Bridge Director, Brad Higgins ifhe'd met with Pitkin County to look at the options. Mr. Higgins stated that he'd presented the proposal to both Pitkin County and Basalt to get their input as to space needs and proposed use ofthe facility and he hadn't heard back from them. Commissioner Stone stated that he is in favor of moving forward with the project. The project has been continuously delayed year to year while waiting to hear back from other entities. He'd like to move forward whether Pitkin and Basalt are interested or not. Mr. Higgins stated that it is his desire to continue to plan for the county's own use, but still welcome conversation whenever the other counties are ready to talk. Commissioner Stone stated that they have been offered a seat at the table and chance to get involved, but he doesn't want to delay the project any longer. He asked that a proposed schedule be provided. Commissioner Menconi asked if the $1,500,000 came from the reduction in reserve account from 25% to 20%. Mr. Roeper stated it had. Commissioner Menconi stated that he would like to pull the item out for various reasons, none having to do with whether he is for or against the road and bridge shop. Mr. Roeper stated that the unanticipated fund balance of$9,330,552 is not what's available, but what's being used of the existing fund balance to cover all the projects. Commissioner Stone stated that he didn't agree and believes that the money isn't going anywhere, so it should be left in. The Board could always change their mind at a later date. Chairman Runyon stated that he didn't have a problem with leaving the money in, however he encouraged iiscussion with Pitkin and Basalt. The discussion would define how the project would move forward. Commissioner Menconi asked about the Gypsum Recreational Center funding. 3 2/21/06 Mr. Roeper stated that the project was budgeted in the general fund which wasn't appropriated so the money was eventually transferred from the capital improvement fund. Commissioner Menconi asked about the fairground pavilion and wondered about the additional items. He '0;; opposed to the expenditures and the continual rise in expense. He believes it's a good cause but it's gotten too ~penslve. Commissioner Stone asked about the OSACS, Shaping the Future, and master plan update costs. He wondered if there was a Board policy to only carry over items that were multi year commitments. Keith Montag stated that the master plan updated costs were items that needed to be carried over, such as binders and other supplies. The carry over costs associated with Shaping the Future were expenses accrued from classes and food paid out of a 3590 account, essentially they were just trying to be reimbursed for those expenses. The OSACS costs were things like mileage. Commissioner Stone stated that he doesn't want departments padding their budgets and assuming they can carry the money over to the next year. He believes that if departments ask for more money than is needed then the money should be returned through the annual audit process. Chairman Runyon asked about the fairground line items. He understood that staff had been given direction to review these items. Mr. Roeper stated that numbers are current but are still somewhat of a moving target. Ms. Michgelbrink stated that she suggested using the middle ground as an earmark but she didn't believe she should go into it disingenuously. Commissioner Stone stated that the fairgrounds situation emphasizes the loss the County had when Rich Cunningham left. He commended the Engineering Department for their efforts. He believes moving forward with other projects and getting better estimates will happen if there is no additional changeover. He believes the fairground building will more than pay for itself. The uses of this facility will need to be communicated to the public. Commissioner Menconi moved to approve the first supplemental budget removing items related to the fairgrounds. There was no second. The motion failed. Commissioner Stone moved to approve Resolution 2006-017 the first supplemental budget of 2006. Chairman Runyon seconded the motion. Commissioner Menconi voted against the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Stasmore Inc. d/b/a The Shortstop This is a renewal of a Tavern Liquor License in El Jebel. There have been no complaints, but there was one disturbance 20 May 2005. All the necessary fees have been paid. B. J S & Nikko Inc. d/b/a Tramonti This is a renewal of a Hotel and Restaurant Liquor License in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. 4 2/21/06 C. Eagle Springs Golf Club This is a renewal of a Hotel and Restaurant Liquor License with Optional Premises in Wolcott. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other Consent D. Edwards discount Liquors, Inc. d/b/a South Forty Liquors This is a Corporate Report of Change. The corporation has redeemed stock from Matthew Dietz, formerly 50% shareholder. Lawrence A. Eskwith, existing shareholder will become 100% shareholder in the Corporation. The application is complete and the required fees have been paid. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for February 21,2006, consisting of Items A-D. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. Other Ms. Terry Bishop spoke to the Board. She indicated that there was a lack of priority towards the county's eniors. She feels no responsibility is being taken. Commissioner Menconi stated that there had been a lot of participation and there are studies being performed on the subject. The issue is that the agenda today includes a proposal from John Moore who is looking for money to draw up a business plan that would go beyond assisted living facilities. He is interested in continuing the focus on this type of facility. Mr. Moore's proposal is an interesting one but he sees it as a distraction in looking at an assisted living facility Ms. Bishop wanted to know why everyone is thinking in such big terms. She wondered why a smaller facility could not be built. Commissioner Menconi stated that more money has been spent on senior programs. The housing director is looking into possibilities to build more units and there is a study being done to determine feasibility for an assisted living program. There have not been any interested parties because the facility would not break even and the fact that the existing population would not produce enough support. The question is to subsidize or find partners to build. The Board can't get a definite number on the cost but they understand it would have to subsidized. Chairman Runyon stated that he knows the public would like to break ground this summer, which might happen, but it's important to note that typically people stay longer in nursing homes than assisted care. He believes both types of facilities are needed. It's critically important that the Board gets it right. Professional assistance is needed to do the job right. He would love to get it started but believes 2007 is much more realistic. Commissioner Stone shares Ms. Bishop's frustration. He has been trying to get this done for 6 years. He believes a subsidy is reasonable for the County to take care of our own residents. He asked for a timeline a month ago and this has not been provided. His support for Mr. Moore is based on his frustration. He feels that an action plan needs to be completed and work begun. He believes the fairgrounds pavilion was also needed. Six years ago it was determined that the need is there for this facility. It was suggested that the building be paid for in cash and one way to do this is with charitable donations. Mr. Moore is connected to people who have money and has offered o bring fund raising efforts to the table. He didn't push harder five years ago based on the need to subsidize the operations. He hopes his colleagues will join him in fast tracking this. 5 2/21/06 Commissioner Runyon doesn't object to expending county funds to subsidize the building and / or operations. The Federal Government doesn't seem to be stepping up. He shares Commissioner Stone's desire to fast track the facility. Ms. Bishop stated that she had a personal call offering her a grant if she could open a facility. She believes .at the priorities of the County are out of order. Planning Files PDP-00033 & ZC-00079 Vines at Vail Jena Skinner-Markowitz, Community Development NOTE: REQUEST TO BE TABLED TO 3/28 ACTION: To create a mixed use PUD on 39.0 acres in Wolcott including: a winery complete with tasting room; lodge/inn; community pavilion; educational spaces, low-impact commercial sues; conference facilities; both free market residential including live/work residences and employee housing rentals; recreational and agricultural and landscape features. LOCATION: Accessed from Hwy 131; Wolcott. Section 15, Township 4S, Range 83W Commissioner Stone moved to table file PDP-00033 & ZC-00079 at the applicants request to March 28, 2006. Commissioner Menconi seconded the motion. The vote was declared unanimous. AFP-00215 - Mt. Sopris Tree Farm Joe Forinash, Community Development ACTION: Amended Final Plat which would enlarge the right of way for Eagle Drive near the entrance of the site to accommodate the traffic circle and to create certain new utility easements for the purpose of facilitating improvements being made by the Crown Mountain Park and Recreation District. LOCATION: El Jebel, south of Valley Road and west of Sopris Village Subdivision, generally southwest of the intersection ofEl Jebel Road and U.S. Highway 82 Eagle County DISCUSSION: Mr. Forinash presented a PowerPoint slide show with the background of the proposal. He explained that the final plat was intended to provide for some of the changes recommended. The applicant is requesting approval of amended final plat to enlarge the right of way going into the site. He showed several graphics of the site. He indicated that staff findings were positive and approval was recommended. Commissioner Menconi moved that the Board approve and amend the final plat for the Mt. Sopris Tree Farm File No. AFP-0002l5 and authorize the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve the amended final plat for the Mt. Sopris Tree Farm and authorize the chairman to sign the Certificate of Designation and Ownership. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Mark Fuller spoke to the Board. He explained some of the financing details. He believes there is an $18,000 difference between what they understood would be the contingency set aside and what the staff is now asking for. 6 2/21/06 Mr. Treu stated that he had placed a call to Ms. Mauriello to find out more details. Generally 10% is required during the warranty period. Mr. Fuller stated that he knows the original 26,000 Certificate of deposit was set up with the 10% in mind. Commissioner Stone stated that the financing was patterned after what was done with Colorado Mountain Jollege, and the general consensus was to allow this project to happen in a similar way. He added that he feels that this project has been a success for the Board of County Commissioners and Eagle County. He thanked Mr. Fuller and Ms. Laurie Soliday for their hard work. Biannual Open Space Funding Request and Other Open Eagle County Room Eagle County Room Space Issues 1. Old Edwards Estates Parcel Ken Marchetti, Edwards Metro District . This item will not be considered at this time. 2. Miller Ranch Conservation Easement Ken Marchetti, various Metro Districts . This item will not be considered at this time. Ken Marchetti spoke. Mr. Marchetti stated that he is still learning the ropes about the Open Space Advisory Committee. He expressed appreciation for the work that the Commissioners have done in the Edward's community in particular the Eagle River Preserve. The Open Space Advisory Committee voted to not endorse the conveyance of the Old Edwards Estates pond to the county open space fund. This request will be withdrawn. Commissioner Stone indicated that it wasn't Mr. Marchetti's decision to table a file. Staff had been given direction. The determination of the role of the committee is still being decided. Commissioner Menconi added that regarding the Miller Ranch conservation easement he believes this is urrently a protected open space property. 3. Meadow Creek Parcel Fee Simple Purchase Cliff Simonton provided an introduction to the file. Last summer the open space committee revisited the process. One result was the establishment of a twice a year cycle. He wonders if it would be appropriate to bring other open space issues forward twice a year as well. The Open Space Advisory Committee's involvement has raised some questions. The ballot language clearly states that the Board shall make revenue expenditures after considering the recommendations from the citizen's advisory committee. Resolution 2003-097 created the committee and it states that the committee is established to recommend to the Board criteria to prioritize the selection of eligible lands for the open space acquisition and on any and all matters pertaining to the open space program and utilization of the fund. This requires decision making on the part of the staff. One option would be to run the agenda by the Board in advance of the meetings and the Board would have the opportunity to remove items that should be decided by the board. Chairman Runyon stated that he values comments that any citizen makes on any of these things. He doesn't want the committee to think the Board doesn't appreciate their hard work as volunteers to the committee. This is a delicate balance and it needs to be looked at and better defined. Allison Ochs presented a PowerPoint presentation that included maps and details related to this parcel. The property is in Intermountain. There are informal paths crossing the property and it has a mix of vegetation. It is visible from I-70 in both directions. The site lacks formal amenities but is used by many people. The property is 2.635 acres and is zoned as residential cluster. There are public utilities to the site. The asking price is $360,000 and MLS list price is $550,000. The request is for $65,000 as the remaining funds have been donated by private citizens and the Town of Vail. Appraisals have been submitted. There are three appraisals ranging from $230,000 to $770,000. The difference in the appraisals is related to different levels of detail and different future plans for building. Ms. Ochs feels that the third appraisal is the most current at $400,000.00. The Town of Vail will own the property and the Eagle Valley Land Trust will be holding the conservation easement. She reviewed the Open Space Advisory Committee 7 2/21/06 findings; scenic quality was high, regional heritage ranking related to agriculture and ranching was low, wildlife ranking was medium, sensitive lands ranking was medium, physical buffer ranking was medium, and access ranking was high. She spoke about the local support of this purchase including a petition with over 200 signatures in favor. The Open Space Advisory Committee recommends the approval be contingent on the conservation easement by the Board of County Commissioners. Commissioner Stone wanted to have the Board as either a co-owner of the property, co-owner of the conservation easement or a third party beneficiary of the conservation easement for the purpose of enforceability. As open space funds are allocated, the County must have some type of permanent interest in the property. Chairman Runyon wondered if it would be easy to guarantee that Eagle County would have a position as objector if either party did something untoward in the future. Mr. Treu stated that the Board had a general policy to have enforcement rights. This isn't complicated, but he felt it should be reviewed by the Attorney's Office. Commissioner Stone indicated that enforceability would be difficult if the County didn't own or have rights as a third party beneficiary. Russ Forrest stated that the Town Council of Vail would be willing to work with the County to insure the language of the easement is acceptable to the County. He can't answer the question of ownership, but would have to take this question to the council. Commissioner Menconi asked how a motion might provide flexibility for the Attorney's Office to show some vested interest by the County in the conservation easement or purchase. Commissioner Menconi moved that the Board of County Commissioner accept the recommendation of the Open Space Advisory Committee and allocate funds from the open space tax in the amount of $65,000, to contribute to the purchase of the Meadow Creek Open Space Project, and with the acceptance of the County Attorney's Office on show of vested interest from the County. Commissioner Stone seconded the motion. He asked if this motion worked. Mr. Treu indicated that he understood the options he was to explore. Commissioner Menconi suggested that it be compliant to the ballot language. Chairman Runyon stated that the third party beneficiary would be the easiest, lease complicated of the options. The vote passed unanimously. Mr. Forrest made a point of clarification. He indicated that there is a contract and it is contingent upon funding being available by April 30, 2006. 4. Bair Ranch Monitoring Expenses Cindy Cohagen, Eagle Valley Land Trust Commissioner Menconi indicated approval of this request. Commissioner Stone stated that he is opposed because there had been a discussion about this fee and the Board tried to assure that there was adequate funding for the monitoring ofthis property. He felt this was taken into account when the Bair Ranch was approved. He is concerned about setting a precedent for future request for additional dollars. Chairman Runyon stated that there are two options; one is for one year only and the other is for permanent funding mechanism. He is in favor of the first option for $1280.00 for fiscal 2005. More lengthy discussion will be needed to explore more permanent funding. Cindy Cohagen, Director of the Eagle Valley Land Trust spoke. She stated that the option of her returning every year isn't a problem for her. The EVLT is happy to assume this responsibility for the County. The benefit of the larger fund is that an endowment would be created so she wouldn't have to come back to the county for funding. If an endowment is created they would be protected after the open space tax sunsets in 2023. Commissioner Stone asked if normally this funding would be approved when funding for the purchase of the property is approved. Ms. Cohagen stated that the EVL T was not the applicant; the conservation fund was. It was decided to defer the request for this monitoring expense until later. They had to decide how to handle the monitoring and defense of the easement. 8 2/21/06 Commissioner Stone indicated that he would research the record and he believes assurances were made that the $2,000,000 would be the only money every asked for from Eagle County. Ms. Cohagen repeated that the EVLT was not involved with those negotiations with the County, but stated hat they are now a partner of Eagle County in monitoring and defending the easement. Commissioner Stone stated that he would support the one year funding request. Commissioner Menconi moved that the Board of County Commissioners accept the recommendation of Open Space Advisory Committee and allocate funds from the open space tax in the amount of $1280.84 to Eagle Valley Land Trust for 2005 monitoring fees for the Bair Ranch conservation easement. Commissioner Stone seconded the motion. The vote was declared unanimous. 5. Great Outdoors Colorado Statewide Open Space Mapping Project Allison Ochs, Eagle County Community Development Allison Ochs spoke to the Board. This is basically GIS staff work. Commissioner Stone asked whether money from the OSAC would pay for this staff time. He indicated that this request should have come directly to the Board of County Commissioners. He is supportive of this staff time. Commissioners Runyon and Menconi concurred. 6. Amendment to OSAC Bylaws, eliminating term limitations on officers Ron Wolfe, OSAC President and Allison Ochs, Eagle County Community Development Allison Ochs explained that two resolutions had been adopted related to term limitations. The primary reason is that the requests are generally long term projects and it would be more effective to allow continuation of those involved to provide consistency. There was a vote of 7 in favor and 5 against. Those that voted against tated that they'd be comfortable with maintaining term limits if they were two-years instead of one. Commissioner Stone believes term limits are helpful in this situation. He is in favor of two two-year terms instead of the existing two one-year terms. Commissioner Menconi is in favor of the elimination of term limits for this group. Commissioner Stone stated that the Board members on other Boards serve at the pleasure of the Board and have to re-apply to the Board for continuance in their roles. Chairman Runyon stated that it should be remembered that the term limits aren't set in stone and can be changed as circumstances come along. He believes the two one-year terms are not reasonable. He is in favor of eliminating term limits and reminded the Board that the other members could vote someone out if they were being difficult. Commissioner Menconi stated that this group is appointed by the Board of County Commissioners and the Towns and he doesn't think term limits are necessary. Commissioner Stone stated that giving it more time before eliminating the term limits would be advisable. He advises one step at a time. Allison Ochs indicated that this is only for the elected officers within the committee. Commissioner Menconi moved to eliminate term limits for elected officers of the Open Space Advisory Committee. Commissioner Stone seconded the motion. The vote was declared unanimous. 28, 2006. tLPv"," 9 2/21/06