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HomeMy WebLinkAboutMinutes 04/26/11 PUBLIC HEARING April 26, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Resolution 2011 -036 Designating April 25 -29, 2011 as Child Abuse Prevention Week in Eagle County Sherri Almond, Health & Human Services Ms. Almond thanked everyone who contributed to the success of the program. Chairman Stavney echoed her thanks to the front line people involved in the efforts to prevent child abuse in the county. Mike Gass, Director of Student Services spoke and thanked everyone for their efforts. Commissioner Fisher thanked Ms. Almond and the HHS staff for their efforts to prevent this type of abuse. The county was stepping up in ways never dreamed of. Commissioner Runyon read the resolution for the record and moved to approve the resolution designating April 25-29, 2011 as Child Abuse Prevention Week in Eagle County. Commissioner Fisher seconded the motion. The vote was declared unanimous. National County Government Month Recognition of Veterans, Active Military Members and their Families Presentation of High School Essay Contest Winners Abbie Rittmiller, Communications Chairman Stavney recognized people in the audience who were part of this group. Pat Hammon spoke on behalf of the group. She shared her gratitude for these types of moments and thanked the county for taking part in the nationwide event as well as the Eagle County school system who work closely with Veterans. She dedicated the morning to one local Vietnam veteran, Tim Cochrane who needed everyone's best wishes. Ms. Rittmiller thanked everyone for being present to celebrate the special month. She works for the High School as well as working at the county part time. She recognized Roberto Ramos who won third place, Julio Garcia who won second place and Liliana Casas who won first place. The first place winner in the video contest was Ella Gusick. Mr. Garcia stated that he was inspired by Sheriff Hoy and another veteran's stories about their experience after coming home from the Vietnam war. He was very moved by their stories. Ms. Gusick was inspired by how hard everyone works for all of our freedoms and as she thought about this she came up with words that meant a lot to freedom and those serving our country. Ms. Casas read a little of her essay. She wrote about freedom with rights and speech. 1 04/26/2011 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 April 25, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for May 5, 2011 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes for the Eagle County Board of Commissioners Meeting for April 5, 2011 Teak Simonton, Clerk & Recorder D. Right of Way Easement Agreement between Eagle County and Yampa Valley Electric Association - Colorado River Road 29 -Mile Marker House Brad Higgins, Road & Bridge E. Colorado Department of Public Health and Environment Family Planning Program, Amendment for Task Orders No. 5, Contract Routing No. 12 FLA 29943 Jennie Wahrer, Health & Human Services F. Colorado Department of Public Health and Environment Family Planning Program, Amendment for Task Orders No. 1, Contract Routing NO. 11 FLA 30081 Jennie Wahrer, Health & Human Services G. Final Settlement of Contract with McBoyd Builders, Inc. for Miller Ranch Childcare Remodel Project County Attorney's Office Representative Rick Ullom, Facilities Management H. Resolution 2011 -037 for the Approval of the Special Use Permit for Western Mobile Northern Inc., LaFarge Mining Operations, at the Eagle County Fairgrounds (Eagle County File No. ZS -2774) Bob Narracci, Planning Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. There were no changes. Commissioner Runyon moved to approve the Consent Agenda, Items A -H. Commissioner Fisher seconded the motion. The vote was declared unanimous. Chairman Stavney highlighted the Miller Ranch childcare subsidy elimination. Citizen Input Chairman Stavney opened public input. Frank Lorenti from Minturn spoke to the board. He clarified some of the information in the letters he wrote to the papers. There was a 2006 wastewater agreement including 2.5 million that should have been given to the Town of Minturn, however this was not given. An attorney verified that the sewer plant would be paid for whether or not the Ginn Property gained approval. Fred Haslee also verified that this money should have been provided regardless of approval. He stood behind all information presented in his letters. He believed he had a firm leg to stand on. He stated that Dean Adler had always been the owner of the property. He wanted responsible development and hoped that the developer would come to the county again. Commissioner Fisher explained the county position on the development. She added that with Minturn Town government struggling it made the lack of follow through on the commitment unfortunate. 2 04/26/2011 Chairman Stavney thanked Mr. Lorenti for clarifying his comments to the paper. Chairman Stavney closed citizen input. Ratification of Agreement to Buy and Sell Real Estate for the Howard Allen Beck Property County Attorney's Office Representative Bryan Treu explained the ratification. Mr. Treu stated that this was not a new piece of property it was a continuation of the process related o a property that the county had already purchased. It was the Beck parcel on the Eagle River. The property was 10 acres located in Dotsero. The county purchased the property for $299,000. He explained the contract terms. The property included a residence. It allowed public boat ramp access and wildlife mitigation. The purchase would be presented to OSAC in the future. Commissioner Runyon wondered if there was a way to come up with a price per acre curve in which acreage increased and the price decreased accordingly. Mr. Treu stated that typically smaller properties were more expensive per acre than larger properties. Commissioner Runyon wondered about developing the curve back to 2008 transactions. Commissioner Fisher spoke about some of the benefits. She believed it would provide a nice place to visit and recreate. She encouraged partners to contact the board. Commissioner Fisher moved to approve the ratification of the agreement to buy and sell real estate for the Howard Allen Beck property. Commissioner Stavney seconded the motion. The vote was declared unanimous. Board of County Commissioners Receipt of Eagle -Vail Metropolitan District Service Plan Amendment and Set Date for Planning Commission Hearing (Eagle County File No. SD -3270) Scot Hunn, Planning Mr. Hunn explained that the board had a role in this process. The Eagle Vail Metropolitan District was established in 1972 and amended once in 1980. They were back to achieve three goals, to recognize a service that the district no longer provided in fire protection, to bring their service plan up to speed with current statutes, and ultimately to enhance their service plan to meet the needs of their citizens. Mr. Treu indicated that the publication timing was an issue, so suggested Mr. Hunn work with staff to handle that requirement. Chairman Stavney spoke about the 1041 discussions that occurred in 1972. He understood that this service district served as a model for much of what happened and how development could occur. Mr. Hunn spoke about the original service plan and references to the ski area and the Olympics. Commissioner Runyon asked about the reason for the amendment. Mr. Treu replied that with a significant change a service plan amendment was required. Commissioner Fisher moved to receive and acknowledge the Eagle Vail Metropolitan District Service Plan Amendment and set the date for May 4, 2011. Commissioner Runyon seconded the motion. The vote was declared unanimous. Planning Files PR -3147 Tree Farm PUD Sketch Plan Extension Scot Hunn, Planning 3 04/26/2011 NOTE: Tabled from 3/22/11 ACTION: The Applicant requests a two -year extension to the Tree Farm Sketch Plan for PUD - File No. PDS -2313, which will expire on September 1, 2011. LOCATION: 401 Tree Farm Drive; located along Hwy. 82, due east of the intersection of Hwy. 82 and El Jebel Road, in El Jebel. Mr. Hunn explained the situation. He had no presentation. Chairman Stavney moved to approve the applicant's request for a 2 -year extension for PDS 1567, Tree Farm PUD Sketch Plan. Commissioner Fisher seconded the motion. She asked about the resolution and the period it covered. Keith Montag clarified the file number was PDS 1567. Commissioner Runyon stated the he would not be voting for this because he believed the applicant should have considered the economic environment at the time of approval. Michael Hoffman, attorney for the applicant explained the position of the developer. Commissioner Fisher explained that she had been aware of the property for the past 20 years and she believed the owner was a visionary in terms of what the future of the property should look like. Her approval for the sketch plan was based on a different market reality. She believed the owner would build what was right for the valley. Commissioners Fisher and Stavney voted in favor of the extension and Commissioner Runyon voted against the extension. Other Chairman Stavney stated that the Eco Build committee recently met and made recommendations to the board about solar incentives. The county has been granting grant requests for various projects, which were taken on an individual basis. There was a new program in which homeowners could purchase shares of a solar farm. To encourage clean energy, the question was whether the grant program should consider these types of purchases. Adam Palmer spoke about the recommended ways to handle the budget and handle the process. Currently rebates were allowed for off -site solar such as clean energy collectives. Chairman Stavney clarified that there were programs in the valley that allowed people in the county to invest solar systems in the county. Mr. Palmer spoke about community owned solar. He wondered where the line should be drawn while supporting local projects. Commissioner Runyon stated that this issue should be considered as a separate public input item. He wondered if consideration had been given to the type of property, in which a person lives. There were times when solar was not appropriate. Mr. Palmer spoke about demonstrating a need to go outside of the property. Chairman Stavney stated that almost any small lot would be more efficient using a system managed by a central agency. Paul Spencer with the Clean Energy alliance spoke about the rebate program. Previous conversations had revolved around the Holy Cross - territory. He believed the decision had been made by the board, but the inconsistency related to the Land Use Regulations requiring grant money be used only for projects within Eagle County. Chairman Stavney agreed. Commissioner Runyon asked for this discussion to be scheduled for a future public meeting. Mr. Palmer spoke about the conflict between the land use regulations and the grant needs. Mr. Spencer asked whether an exemption could be granted for the facility in the process currently. They needed to know what their message should be. 4 04/26/2011 Mr. Treu stated that Mr. Morris should be involved in these questions. Commissioner Runyon recommended an appropriate change to the regulations for the next meeting. Chairman Stavney felt that including the Holy Cross service district made sense. He wondered what happened if the board was in violation of the land use codes. Commissioner Fisher stated that the recommendation from the Eco Build Committee addressed this issue and that the boundaries of Eagle County be held. She wanted to hear more arguments. She agreed that moving it forward was desirable. Chairman Stavney wanted a recommendation from staff, but agreed that more time was needed to go through the standard process. Mr. Palmer stated that the concept was not envisioned at the time the regulations were written. He felt it would be a relatively simple change to allow non -Eagle County solar installations for use on Eagle County properties. Mr. Treu stated that a hearing should be scheduled as well as a work session with the board in advance of such hearing. Commissioner Runyon suggested one meeting with a cascade of decisions. Mr. Montag indicated that there were statutory requirements involved in changing the land use regulations, including Planning Commission review. Chairman Stavney spoke about the different possibilities and processes required. Commissioner Fisher spoke about the arrays and location of them. She wondered if neighboring communities might not desire such an array in their neighborhoods. There could be unforeseen consequences. Chairman Stavney indicated that the discussion would be scheduled for some time in the near future. Legislative Update County Attorney's Office Representative Bryan Treu provided an update on legislation. He felt there were not many significant county bills. Senate Bill 234 had to do with property transfer fees and covenants. Jill Klosterman explained the bill. Commissioner Fisher applauded Governor Hickenlooper for passing the executive order against unfunded mandates to the counties. Chairman Stavney indicated that this was not the case across the country. He felt fortunate to not be in this situation. Ms. Klosterman stated that the bill was acceptable. It concerned residential transfer fee covenants and the prohibition of new transfer fee covenants after July 1, 2011 with the exceptions of governmental agencies, nonprofits, and homeowner's associations. As she researched the bill, she realized that the goal was to prohibit a private developer to hide fees. She spoke to the legislative people at Housing Colorado and they did not believe the bill could be stopped, but wanted the exceptions to be understood. Chairman Stavney spoke about various transfer fees in, ,Areas of the county. He wondered if there were j,•. other uses, of which he was not aware. Ms. Klosterman explained that Brett Ranch had a tr fei fee that came back to the county for affordable housing programs. The transfer fees also reduce Homeo e ,s Association fees. Commissioner Runyon spoke about the TABOR,atiegiMent. He thought it had a prohibition of future real estate transfer taxes being imposed. This left the door open for Homeowner's associations and other entities. Mr. Treu confirmed that transfer fees for community benefit would still be allowed. Representative Massey drafted the bill. Some of the language needed to be pinned down. He indicated that once the session has ended his office would prepare a summary of activity and future possibilities. Commissioner Fisher spoke about the approach for the business registration bill for counties. Work Sessions — (recorded) 5 04/26/2011 Transportation Functional Group Update Kelley Collier, ECO Transit Executive Session Consideration of and Legal Advice Concerning Preliminary Proformas for Continuum of Care Retirement Community Jill Klosterman, Housing Diane Mauriello, County Attorney's Office It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discussing the pro forma for the Continuum of Care Retirement Community matter that may be subject to negotiations which was an appropriate topics for discussion pursuant to C.R.S. 24- 6- 402(4)(b) and (e), Colorado Revised Statutes. At the close of the discussion, it was moved, seconded and unanimously agreed to adjourn from Executive Session and re- convene as the Board of County Commissioners. There being no further business before the l meeti S adjourned until 1 ay 3, 2011. Si *: 6 Attest: ' 1 : ` ti IO Clerk to the Board et. 11 k.: * Cha itoa1o 6 04/26/2011