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HomeMy WebLinkAboutMinutes 05/17/11 PUBLIC HEARING May 17, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Sara Fisher Commissioner Keith Montag County Manager Diane Mauriello Assistant County Attorney Robert Morris Deputy County Attorney Christina Hooper Assistant 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: 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 May 16, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of the Minutes for the Eagle County Board of Commissioners Meetings for March 22 and April 26, 2011 Teak Simonton, Clerk & Recorder C. Lease Agreement between Eagle County, Colorado and Crown Mountain Park and Recreation District for Maintenance Shed at Mt. Sopris Tree Farm County Attorney's Office Representative D. Resolution 2011 -053 Concerning Appointments to the Eagle County Fair Board Brad Higgins, Fair & Rodeo Manager E. Participating Agreement between Eagle County and Archibeque Land Consulting, Ltd. for Work Associated with Cedar Drive Hazardous Fuel Reduction Project Eric Lovgren, Wildfire Mitigation Commissioner Fisher asked Mr. Higgins to speak about the Fair Board. Mr. Higgins spoke about the meeting structure change. He liked the new format. Bull riding had been brought back. He believed the event would bring another 3000 people;,owever, this year's event was concurrent with a huge baseball tournament. The event dates would be published on the website. Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, Assistant County Attorney stated that there were no changes or revisions. Commissioner Fisher moved to approve the Consent Agenda, Items A -E. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened public input. 1 05/17/2011 Corky Fitzsimmons spoke to the board. He made a proposal for a possible land swap. He expressed interest in Red Dirt ranch. They owned a 69 acre parcel. His feeling was that his property was worth $2,000,000. The Coulter Ranch on the Colorado River Ranch was the one he was referring to. He was willing to put it into a conservation easement with one or two dwelling units at the most. Commissioner Fisher asked to which land he was referring. Mr. Fitzsimmons stated that it is 69 acres with mountain bike tracks and dirt bike tracks. Chairman Stavney spoke about the many moving parts to the land. There were a lot of details that could be considered. Mr. Fitzsimmons stated that 85% of the winter range was used by wildlife. Keeping the property agricultural would be beneficial. Ratification of Contract to Buy and Sell Property for the John and Marianne Cochran Property County Attorney's Office Representative Bryan Treu presented the contract. Mr. Treu provided details via a PowerPoint presentation. He showed maps of the area. This additional boat ramp provided a safe take out for the general public. Chairman Stavney stated that he had received positive comments from river guides. That stretch was entirely road -less down to the base. It was very spectacular and rugged. Mr. Treu stated that there could be a recreational lease for hunting and fishing. The property was basically ready to go for public access. There was a storage shed on the property, which was relatively new and belonged to the person with the fishing lease. Mr. Montag asked about the adjacent property owner. Mr. Treu was not sure. Commissioner Runyon spoke about the site visit scheduled for May 18, 2011. Mr. Treu provided additional details about the price and expected closing. This would need to go through the Open Space Advisory Committee also. Commissioner Fisher wondered who would manage the property and she wondered if any improvements could be managed through a partnership if possible. Chairman Stavney spoke about the Bureau of Land Management related to operating and managing the site. The intention was not for the county to manage the property. The location was the best part of the property. Commissioner Runyon spoke about fee simple purchase and the management component being a huge part of the question. He requested having a meeting of raft operator / owners. These people would be the largest beneficiaries. The appraisal could go either way. Ratifying the contract today did not bind the board to purchase the property. Mr. Treu stated that this property still needed to be appraised. It was unlikely that the property would come in higher than expected. Mr. Simonton stated that the Open Space Advisory board would be concerned with the uses being consistent with the Open Space criteria. Chairman Stavney spoke about the lack of river access in the Open Space criteria. There were many benefits listed in the ballot language, but river access was not specifically called out. Mr. Simonton stated that this would provide a dispersed access to the river. Chairman Stavney stated that there were 600,000 trips on the river, 400,000 of which are commercial trips. Getting people on the river and spreading them out was also dispersal. Commissioner Fisher spoke about the pressure on the Open Space Advisory Committee for public access to the properties purchased. The original mindset was not for this primary goal. Mr. Treu anticipated a meeting with BLM about the Colorado River parcels sometime in July. Commissioner Runyon moved to approve the contract to buy and sell property for the John and Marianne Cochran Property. Commissioner Fisher seconded the motion. The vote was declared unanimous. 2 05/17/2011 Commissioner Fisher moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: Let The French Begin, LLC DBA: Gore Range Brewery REPRESENTATIVE: Pascal Coudouy and Russell Molina, Owners LOCATION: 105 Edwards Village Blvd., Unit H — Edwards Village Center REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has applied for the transfer of a Brew Pub license from Gore Range Brewery, LLC and has requested a temporary permit to allow them to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. Although, alcohol service and sales will be permitted, the beer making operation will cease until the applicant receives an approval from ATF (Bureau of Alcohol, Tobacco and Firearms), which could take up to 90 days. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant, the names and addresses of the president, vice - president, secretary and managing officer, the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed. 4. The application for the Temporary Permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. DISCUSSION: Ms. Scriver introduced the applicants. Mr. Coudouy and Mr. Molina added some details about the transfer. Mr. Molina thought they had a good business plan and provided jobs for the community. Mr. Coudouy has been in the country for 23 years. He had been a chef at the Park Hyatt in Beaver Creek. Chairman Stavney asked if anything would be changing. Mr. Coudouy stated that there would be changes over time. The plan was to keep the items that the customers like. There would be daily specials. They wanted to bring the service a little higher. Commissioner Runyon spoke about the quality of the food. He said it had always been good, but not exceptional. He asked if beer brewing would cease temporarily. Mr. Coudouy stated that the time frame expected to be 90 days for resumption of brewing beer. Commissioner Runyon asked about the applicant's experience with liquor service. 3 05/17/2011 The owners indicated that they had much experience and intended to keep the existing staff. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the issuance of a temporary permit to Let The French Begin, LLC d/b /a Gore Range Brewery which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one - hundred - twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Board of County Commissioners to Set Hearing Date for Eagle -Vail Metropolitan District Amended Service Plan (Eagle County File No. SD -3270) Scot Hunn, Planning Mr. Hunn spoke about the request. He indicated that the file was introduced on April 26 He believed a hearing date of June 14` would satisfy the State Statute. Commissioner Runyon moved that the board set the hearing date for the Eagle -Vail Metropolitan District amended service Plan to June 14, 2011. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2011 -054 Appointing the Board of County Commissioners as the Eagle County Weed Advisory Board Tom Girard and Ray Merry, Noxious Weed Management Mr. Merry explained the sequence of events. State law set the criteria. They needed a weed management plan and a local advisory board was recommended. Establishing this board had been difficult. Chairman Stavney spoke about the importance of the plan. He agreed it would be more convenient to have the board become the advisory board. Mr. Girard spoke about the 40 -acre requirement for membership on the board and the difficulty finding sufficient people fitting these criteria. He ran the plan by the county conservation district. Commissioner Fisher moved to approve the resolution appointing the Board of County Commissioners as the Eagle County Weed Advisory Board. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Weed Advisory board. Commissioner Fisher seconded the motion. The vote was declared unanimous. Weed Advisory Board Review of Weed Management Plan Tom Girard, Noxious Weed Management Mr. Girard presented a PowerPoint presentation. He provided the reasoning behind such a plan. Production of commodities and livestock were affected. Noxious weeds also had an impact on recreation. Chairman Stavney wondered about easements and issues on private property. He wondered if the landowner would be charged. 4 05/17/2011 Mr. Girard stated that they would inform the owner and attempt to educate the owner about the need for resolution of the weeds. For those who were uncooperative, the plan would allow enforcement procedures. Chairman Stavney wondered exactly how this would occur. Mr. Girard indicated that it would start with phone calls and be followed up with an official notice and requirements. Mr. Merry spoke about opportunities to address these procedures. The time frame with phone calls was quick. The nuisance route could be applied. Ms. Mauriello stated that enforcement was contemplated in the plan including an escalating plan to enforcement. Mr. Girard added that native plant communities were negatively impacted as well. Property values could also be negatively impacted. Commissioner Runyon wondered if any were native. Mr. Girard indicated that none on the weeds listed were native. Mr. Merry spoke about landscape plants that show up. Tamarisk was on the C list for eradication for the state. Russian olive trees were also very invasive. Commissioner Runyon wondered if one could purchase noxious weeds at nurseries. Mr. Girard indicated that the state monitors this extensively. This was being worked on. Yellow sweet clover was being worked on currently. This was still being sold to stabilize seed mixes. Commissioner Runyon wondered how best to inform the public. Mr. Merry stated that press releases timed with growth of plants and chemical sales would be helpful. Another tool was making the website more robust. The CSU Extension would be a partner in the outreach. There was a public health component as well. Commissioner Runyon hoped there could be a quick link on the website to get to this information. Mr. Girard spoke more about the Eagle County Weed Management Plan. The plan was heavy on education, prevention and early detection. Mr. Merry spoke about resources currently available on the website. Commissioner Runyon offered to help with taking photos. Mr. Merry stated that he agreed and had a pamphlet that was a good resource. Commissioner Runyon moved to adjourn as the Eagle County Weed Advisory Board and reconvene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2011 -055 Adopting the Eagle County Weed Management Plan for Unincorporated Areas of Eagle County Tom Girard, Noxious Weed Management Commissioner Fisher moved to approve the resolution adopting the Eagle County Weed Management Plan for Unincorporated areas of Eagle County. Commissioner Runyon seconded the motion. The vote was declared unanimous. Mr. Montag thanked Mr. Merry, Ms. Mauriello and Mr. Girard for the work involved with putting this plan together. Other Chairman Stavney asked about mosquitos this time of year. He wondered about allowing the Town of Gypsum to spray county properties. Mr. Merry stated that the county did not do this type of spraying. Part of the community desired mosquitos for birds. The West Nile virus was carried by a specific type of mosquito that were not typically seen in Eagle County until mid- July. Previously a company was contracted to larvicide standing water. The Town of Gypsum has had a contract to eliminate nuisance causing mosquitos. Irrigated pastureland was the best place for egg laying mosquitos. Chairman Stavney asked who else in the area performed mosquito abatement. 5 05/17/2011 Mr. Merry stated that Metropolitan Districts typically performed this type of function. During previous surveillance, it was found that there were very few West Nile Virus carrying types of mosquitos in our area. Commissioner Runyon asked about the expense. Mr. Merry indicated that the cost was approximately $180,000 the first year and $120,000 the second year. This was a public health threat that could be controlled if people don't get bitten. Insect repellent could be handed out for a lot less money. Commissioner Runyon stated that it was a political decision. Mr. Merry supported the decision at the time. Public Hearing on Proposed Commissioner District Boundaries Diane Mauriello, County Attorney's Office and Scott Fleming, GIS Department Chairman Stavney introduced the issue. Ms. Mauriello explained the re- districting process and applicable laws. The process required a public hearing and a subsequent hearing for adoption 30 days later. Each district must be divided into three compact areas equal in population based on the most recent census numbers. The number of inmates needed to be taken into account, but at any point in time, there were typically an average of 60 inmates, so the number was negligible. She showed a map with the current districts. Commissioner Runyon asked whether the statute spoke about the shape of the districts. He wondered if the county could theoretically divide the county into a pie shape. Previous boards did not approach the division in this manner. Ms. Mauriello indicated that this could happen. The shape of the districts was only controlled by the need for them to be compact, but there were many possibilities. She showed a new map with the proposed district boundary changes. Mr. Fleming spoke about the need for the changes to take into consideration census blocks even in areas where there was no population. Ms. Mauriello provided close -up detail of the areas that would change districts. She listed the different developments that would change from District 2 to District 1. Commissioner Runyon asked about keeping the old boundaries. He asked Ms. Mauriello to explain the need for change. Mr. Fleming indicated that in the existing boundaries there was a 28% difference between the largest and smallest district. This was not acceptable in terms of the requirements of the law. The proposal being considered represented a 2% difference, which was preferable. Ms. Mauriello stated that District 1 would have 17, 277, District 2 would have 17,519 and District 3, 17,401. Chairman Stavney spoke about the method for coming up with the new district divisions. Mr. Fleming explained his process. The population census of 52,197 created the goal of 17, 399 people per district. He looked at the census blocks and data to try to most evenly divide the boundaries. On the western side of the districts, District 3 had to pick up Buckhorn Valley. Ms. Mauriello stated that the subdivisions moving from District 3 into District 2 under the proposed scenario included Buckhorn Valley Subdivision, Brooks Lane Subdivision, Airport Gateway Center Subdivision, Ewing Exemption, Fitzsimons Subdivision, Hoffman Exemption, Kesterson - Oleson Subdivision, Powell Park and Saddle Ridge Commercial Subdivisions. Commissioner Runyon asked about how the census blocks were determined. Mr. Fleming indicated that the GIS department participated in the decision process for these blocks. Typically, roads or other natural features defined the boundaries. Commissioner Runyon stated that the re- districting only affects where commissioners and candidates for commissioner could live, not who votes for any commissioners, people's taxes or issues on which voters could vote. Theoretically, it could be re- divided but the 2010 Census figures could still need to be used. Ms. Mauriello concurred. The history in the county has been that the board looks at it every 10 years although the statute does allow it to change more frequently, but the numbers used would be from the 2010 Census data. Mr. Fleming showed a map of the population centers. The option being proposed offers the best even division of the total population. 6 05/17/2011 Commissioner Fisher spoke about the process and compared it to years ago. She was impressed about the capability of the GIS and Census delivery today compared with 10 years ago. Chairman Stavney spoke about the way that people could comment. Ms. Mauriello suggested emails or telephone calls with feedback to the board. The final hearing would be around the end of June 2011. The resolution would have general area descriptions of the new districts. Chairman Stavney asked why this process needed to be done at this time. Teak Simonton, Eagle County Clerk and Recorder explained that it was necessary for her office to have time to make the manual changes to each address affected by the changes well in advance of the 30 day window before the November 1, 2011 Election due to the large amount of manual entry needed to adjust the street locator lists in the voter registration system. Commissioner Fisher thanked everyone for their work on the changes. Chairman Stavney suggested that comments go to all commissioners. Commissioner Runyon asked if the districts needed to be contiguous. Ms. Mauriello indicated that it was so. She stated that there were counties of different size which had come up with creative divisions, but the population drove the decision for even division. Commissioner Runyon spoke about different creative solutions across the country. Ms. Mauriello stated that other counties had to be additionally creative. Commissioner Fisher indicated that the new maps also had to take into account where sitting board members reside. Work Sessions (recorded) U.S. Forest Service Update Dave Neely, Eagle/Holy Cross District Ranger Ross Wilmore, WRNF Fire Management Officer There being no further business before the Board, the meeting was adjourned unti May 24, 2011. 4 t I Attest. cam_ ■�` ` �O') Clerk to the Board �. Cha O[ 7 05/17/2011