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HomeMy WebLinkAboutMinutes 03/15/11 PUBLIC HEARING March 15 2011 Present: Jon Stavney Chairman Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Robert Morris Deputy County Attorney Teak Simonton Clerk to the Board Absent: Peter Runyon Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of March 14, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for March 24, 2011 (subject to review by the Finance Director) Finance Department Representative C. Resolution 2011 -021 Concerning an Appointment to the Basalt Regional Library District Board of Trustees Attorney's Office Representative D. Final Settlement of Agreement between Eagle County and FCI Constructors, Inc. for the Justice Center Expansion, Contract No. C09 -258 Dated September 9, 2008 Rick Ullom, Project Management E. Agreement between Eagle County Colorado and Carr Pro Rodeo for the Production of Professional Fair and Rodeo Services at the 2011 Eagle County Fair and Rodeo Brad Higgins, Fair & Rodeo Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. Commissioner Fisher thanked Brad Higgins and Rick Ullom for being present. Mr. Ullom explained the final settlement for the project. It was completed on schedule and about a million dollars were returned to the CIP fund. Chairman Stavney indicated that the savings would allow the county to use the funds for other important projects. Mr. Higgins stated that the Rodeo would take place July 27 — 30, 2011. The contract on the agenda was for the rodeo livestock. Bryan Treu, County Attorney stated nothing. Commissioner Fisher moved to approve the Consent Agenda, Items A -E. Chairman Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 1 03/15/2011 Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Resolution 2011 -022 Concerning Assessor Generated Petitions for Abatement and Refund of Taxes • Assessor's Office Representative Petitioner Schedule No. Clearwater Development Inc. P033043 DBA Brightwater Club Commissioner Fisher moved to approve the resolution concerning assessor generated petitions for abatement and refund of taxes. Chairman Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Resolution 2011 -023 Concerning Taxpayer Generated Petitions for Abatements and Refunds of Taxes Petitioner Schedule No. Paul & Wendy Raether R051622 c/o Jay Peterson Commissioner Fisher moved to approve the resolution concerning taxpayer generated petitions for abatement and refund of taxes. Chairman Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Mr. Montag stated that the Assessor's office was keeping a running tab of the overall impact to county tax revenues will be. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Chairman Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: Taste of Vail, Inc. REQUEST: Special Event Permit EVENT: Taste of Vail Mountaintop Picnic DATE: Friday, April 8, 2011 REPRESENTATIVE: Amy Oberley, Event Manager LOCATION: Vail Mountain — Section 18, T 5 South, R 80, west of the 6 principal meridian. 1600 feet west of the Eagle's Nest gondola STAFF REPRESENTATIVE: Kathy Scriver 2 03/15/2011 DESCRIPTION: The applicant has requested a permit for the annual Taste of Vail - Mountaintop picnic being held on Vail Mountain, April 8, 2011 from 9:00 am to 5:00 pm. The event will feature wine sampling from participating wineries and food prepared and served by a number of Vail Valley restaurants. Tickets are required and a professional security firm along with staff will monitor access to the venue. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Staff has had no problems in the past with events held by the applicant. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises March 4, 2011, 10 days prior to the hearing. 4. There have been no protests filed with the Clerk and Recorder's Office. 5. The applicant has provided proof of server training and alcohol management plan. CONCERNS / ISSUES: None DISCUSSION: Ms. Oberley explained that tickets were available online for the food and wine tasting. Wine makers from around the world were come to the event to present their products. Local restaurants would also participate. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Taste of Vail event held on Vail Mountain, April 8, 2011, 9:00 a.m. to 5:00 p.m. Chairman Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: One Eagle REQUEST: Special Event Permit EVENT: Home Show Expo DATE: Friday, April 8, 2011 REPRESENTATIVE: Erin Seabury and Holli Snyder, Event Manager(s) LOCATION: Eagle River Center, 0794 Fairgrounds Road -Eagle STAFF REPRESENTATIVE: Kathy Scriver CONCERN: None DESCRIPTION: One Eagle, a non - profit organization has requested a permit for the 4 Annual Home and Recreation Expo, hosted by NRC Broadcasting. The applicant is requesting a permit for Friday, April 8 from 4 — 9 p.m. The evening will feature an art /social event. Diamante will provide the security. The only alcohol served will be beer and wine. STAFF FINDINGS: 3 03/15/2011 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice was given by the posting a sign in a conspicuous place on the premises on March 4, 2011, 10 days prior to the hearing. 3. No protests were filed in the Clerk and Recorder's Office. 4. The applicant has provided proof of server training and an alcohol management plan. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Seabury and Ms. Snyder explained that the event would be held on a Friday and Saturday this year. Designers would take two living room sets and design a room around them. These sets would be given away at the end of each evening. Home Depot would bring kits for the Kid's Zone. Proceeds for the event would be given to Habitat for Humanity. Chairman Stavney moved that the Local Liquor Licensing Authority approve the permit for the One Eagle, Home Show Expo being held on April 8, 2011, from 4:00 to 9:00 p.m. at the Eagle River Center in Unincorporated Eagle County. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Chairman Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Tom Johnson introduced Ken Whitehead, the new Solid Waste Director. Planning Files LUR -3053 Amendment of the Eagle County Land Use Regulations ZS -3055 Schmidt Residence Special Use Permit FNZ -3054 Schmidt Residence Stream Setback Variance Bob Narracci, Planning Department NOTE: To be tabled to April 19, 2011 Mr. Narracci stated that the process with the Planning Commission did not go as expected. The files have gone through the Roaring Fork Planning Commission. Commissioner Fisher moved to table file LUR -3053 Amendment of the Eagle County Land Use Regulations ZS -3055 Schmidt Residence Special Use Permit FNZ -3054 Schmidt Residence Stream Setback Variance to April 19, 2011. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 4 03/15/2011 S - 3131 Western Eagle County Health Service District Bob Narracci, Planning Department ACTION: The purpose of this proposed Service Plan Amendment is to change the name and authorized services that the District provides. The Western Eagle Coun Ambulance District is requesting that its name be changed to the Western Eagle County Health Services D and that its authorized services be expanded to provide Home Health Provider services. TITLE: Western Eagle County Amict c Plan LOCATION: 724 square miles covering a bulance majority Distr of the western %2 of Amendment Eagle County. APPLICANT: Western Eagle County Ambulance District / Christopher Montera, Chief A t � � � a. ; § -p and ' z � \Ar,.. q � , g 4 Rte` n e ri 064. 4-- �* w a 1 .3.., ' V r ;" 14 ;3.. Dote tt, -s- a '�B otdil t q - all � _ F j ��� ccc r " . ~" Mt p E 4 .. A d a -'-', . s d 3 a y-1, ' ,, F - 1*::,, , - .; in ---- -Y7r - 4. tf we -- .. :..d xX. :_ t. k,,,, 3 ; i. ) ' ' Oka , w Western Eagle County Ambulance District Service Area 1 I IMilea 0 5 10 20 ' �' I. PROJECT OVERVIEW: The purpose of this proposed Service Plan Amendment is to change the name and authorized services that the District provides. The Western Eagle County Ambulance District is requesting that its name be: changed to the Western Eagle County Health Services District, and that its authorized services be expanded to provide Home Health Provider services. Over the last two years, the District has been working to partner with local health providers, the County's Public Health Department and the hospitals to create a unique program to better serve its constituents. The `Community Paramedic' model is recognized as the future of Emergency Medical Services and a shift in paradigms for providing care tel patients and communities. To operate the Community Paramedic Program, the Colorado De p art ment of Public Health and Environment is requiring the District to become license as a Home Health Provider. As such, the District must change its name and status to a "Health Services District ". This change will allow the District to establish, maintain, or operate, directly or indirectly through lease to or from other parties or other arrangement, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, 5 03/15/2011 emergency facilities, community clinics, or other facilities providing health and personal care services and may organize, own, operate, control, direct, manage, contract for, or furnish ambulance service. Pursuant to Sections 32 -1 -202 (4), 32 -1 -203 (3.5)(b), 32 -1 -203 (5), and 32 -1 -204 (2)(b), Colorado Revised Statutes, submission to the Board of County Commissioners of a license or certificate of compliance or evidence of a pending application for a license or certificate of compliance issued by the Colorado Department of Public Health and Environment satisfies the requirements of submitting an amended service plan, prevents the consideration of property owner exclusion requests, constitutes compliance with the approval criteria for the amended service plan, and dispenses with the requirement to submit the amended service plan to the county planning commission for review and recommendation. No other changes to the District's Service Plan are proposed. IL CHRONOLOGY: 1988: The Western Eagle County Ambulance District was formed to provide full time Emergency Medical Services to the western portions of Eagle County in the area that, at the time, was served by a volunteer corps of providers. Formation of the District was the only way to adequately serve the area. Since 1988 the District has followed through on the original Service Plan and exceeded the level of service originally contemplated by said Service Plan. The District owns state -of- the -art equipment and provides emergency service and response 24 hours per day, seven days per week, and 365 days per year. 12/272010: The Board of Directors of the Western Eagle County Ambulance District filed with the Clerk of the Board of County Commissioners a Service Plan Amendment for the District for the purpose of converting the District to a health services district as defined in Section 32 -103 (9), C.R.S. III. STAFF COMMENTS: There is currently a levy of 5.195 mills extended on the total assessed valuation of property within the Western Eagle County Ambulance District as previously authorized by the voters. There is no maximum mill levy specified in the District's Service Plan. Pursuant to Article X, Section 20 of the Colorado Constitution (TABOR), the mill levy cannot be increased without voter approval. The statutory findings below under section VI of this report were all found to be positive in 1988 when the Western Eagle County Ambulance District was initially formed. These positive findings should not be changed as a result of this proposed Service Plan Amendment. IV. APPLICANT'S PRESENTATION: A complete description of the proposed service plan amendment, and justification pursuant to the below listed statutory fmdings will be presented by the Applicant. V. PUBLIC COMMENTS: VI. FINDINGS: 6 03/15/2011 The Board of County Commissioners shall disapprove the service plan unless evidence satisfactory to the Board of each of the following is presented: a. There is sufficient existing and projected need for organized service in the area to be served by the special districts; b. The existing service in the area served by the special districts is inadequate for present and projected needs; c. The special districts are capable of providing economical and sufficient service to the area within its boundaries; d. The area included in the District has, or will have, the financial ability to discharge the proposed / existing indebtedness on a reasonable basis. The Board of County Commissioners may disapprove the service plan if evidence satisfactory to the Board of any of the following is not presented: a. Adequate service is not, or will not be, available to the area through Eagle County or other existing municipal or quasi - municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; b. The facility and service standards of the Districts are compatible with the facility and service standards of Eagle County, and each municipality which is an interested party under Section 32 -1- 204(1), C.R.S.; c. The service plan is in substantial compliance with the master plan adopted pursuant to Section 30- 28 -106, C.R.S.; d. The service plan is in compliance with the duly adopted long range water quality management plan for the area; e. The service plan will be in the best interest of the area proposed to be served. DISCUSSION: Mr. Narracci presented the file. He stated that the district was proposing to change their name and provide Home Health Provider Services. The district had been operating since 1988 under its original approval. The boundary covered a 724 square mile area. The mill levy for the district could not be increased without voter approval. The applicant would address the specifics. Christopher Montera, Chief of Western Eagle County Ambulance District was present. Kathryn Garner, legal counsel from Collins, Cockerel and Cole spoke. She stated that Health Service districts were unique. The Department of Public Health made the approval or denial decisions, but the application needed to be presented to the county as information. This satisfied the normal statutory requirements. The Department of Public Health made the final determination. Mr. Treu asked about the possibility of the state denying the request. Ms. Garner stated that it would never become a Health Service District. Chairman Stavney asked about the different types of districts. Ms. Garner clarified that a Health Service District can have a broad range of powers, ranging from nursing care, hospital districts, home health care, and other health care powers. Chairman Stavney asked about the different entities doing the same thing in the county. Ms. Garner stated that a Health Service District may establish, maintain or operate public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics etc. or other facilities providing health and personal care services. Mr. Treu wondered if the district was limited to one of the functions listed. 7 03/15/2011 Mr. Montera stated the plan was to fall under the home health rules and licensing. They intend to continue to provide ambulance and critical care ambulance service. He added that the district was formed in 1988 and since then there had been movement in the industry to become more health related. Commissioner Fisher wondered how the district would mesh with home health services currently being provided through the paramedic program. Mr. Montera stated that their health agency would not be in competition with other agencies. Their paramedics were doing regularly scheduled visits. There were protections built in with the new designation. They would try to provide the best patient care and enhance services currently out there. Chairman Stavney spoke about the capacity for paramedics to serve the public in non - emergency situations. The other health services grew out of the local hospital. One of their powers would be to work cooperatively with other health care providers. He asked if there was a need for additional revenue. Mr. Montera explained that the disparity between the two districts was the assessed valuation. Chairman Stavney asked why the two districts are not one. He believed there would have to be some efficiencies with such a merger.Ms. Garner stated that with two like districts it would be easier to consolidate, but was not being considered at this point. Mr. Montera stated that they have a 3 million dollar budget. Of this about 70% was attributed to salaries of people responding to emergency calls. While there may seem to be efficiencies, consolidation could diminish services. Commissioner Fisher wondered about the program details. Fred Morris with Eagle County Ambulance District spoke. They were very interested observers of the community paramedic program. They were going to be interested in watching and possibly doing the same type of format. Mr. Montera stated that they see a need for community health, public health, and primary care services that could be provided at a different level. Chairman Stavney stated that the district is looking at significant value added. He believes taxpayers think of ambulance service as response time, trained personnel and fair price. The issue of two districts comes to the forefront when one district is actually closer than the district in which a property is included. He asked about Cordillera. Mr. Montera indicated that the properties in that situation have been moved to the district, which makes more sense. They are training all EMT and paramedics in the county. Commissioner Fisher spoke about the district working with the Colorado Mountain College and commended the opportunity for students to receive local training. Mr. Montera stated that this training provided jobs and consistency and another way to integrate health care. Chairman Stavney opened public comment. Tom Carlin spoke to the board. He asked how the district would pay for additional services. Mr. Montera stated that the program was currently grant funded and it was a pilot program, and should operate on a cost level neutral. The hope was that in about year three they intend to ask for outside funding from Medicare and Medicaid. Hospitals currently receive money from Medicare annually for re- admittance. They would also ask the hospitals for some of these fees. Paramedics would use their non - emergency call time to provide health services. Mr. Carlin wondered how this would fit into upcoming changes in health care. Mr. Montera stated that Senator Udall's office was preparing a document that would consider how the district's program would fit into the new health care laws. Chairman Stavney asked about response times in emergencies when home paramedics were otherwise occupied. Mr. Montera stated that within the population centers, he believed there should be little difference in response time and their goal was to make sure they had ambulances strategically located. There was a lot of strategic manipulation of the units and personnel worked into the design of the system. Mr. Morris stated that this was a health service district and important to have the most flexibility within an organization to provide more safety nets to the community. He believed this was a great thing for the community. Chairman Stavney closed public comment. 8 03/15/2011 Ann Robinson spoke. She stated that Eagle County Health and Human Services was a big partner in this process. Commissioner Fisher spoke about the discussions leading up to this request for change of district type. She was grateful for the ambulance districts and the services they provide. Chairman Stavney asked about the two tracts of service. He spoke about the county's options for this request. He wondered whether there was another opportunity for the public to weigh in. Mr. Montera stated that the next step was district court. Prior to this hearing, there were 7000 postcards sent out informing people about this meeting. Ms. Garner stated that this meeting was the opportunity for the public hearing. Chairman Stavney indicated that the map included was not correct, and acknowledged that the map would be correct. Mr. Montera stated that the district map was sent to past and future properties included in the district. Ms. Garner indicated that the legal description would be presented to the district court. Commissioner Fisher moved that the Board of County Commissioners approve File No. SD -3131. Chairman Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. There being no further business, the meeting was adjourned. Governing Policies — (recorded) Bryan Treu, County Attorney Keith Montag, County Manager Work Sessions — (recorded) Eagle Valley Land Exchange Work Session Representatives from the County, State Land Board, Western Land Group, USFS, EVLT, Town of Avon and Town of Minturn Cedar Drive Metropolitan District Formation Robert Morris, Attorney's Office Greg Schroeder, Engineering There being no further business before the Board, the meeti . s adjourned un M: ch 22, 2011. 1 / Attest: - ! N ew tr Clerk to the Boar. * 1 =� Cha 9 03/15/2011