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HomeMy WebLinkAboutMinutes 07/19/11 PUBLIC HEARING July 19, 2011 Present: Peter Runyon Chairman Pro -Tem Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Robert Morris Deputy County Attorney Teak Simonton Clerk to the Board Absent: Jon Stavney Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Pro -Tem Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of July 18, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for July 28, 2011 (subject to review by the Finance Director) Finance Department Representative C. Agreement between the State of Colorado Department of Local Affairs and Eagle County for the Annual Emergency Management Program Grant Barry Smith, Emergency Management D. Minor Type B Subdivision / Highland Meadows Subdivision, Lot 1, The intent of this Minor Type B Subdivision is to subdivide Lot 1 to create two duplex lots, Lot 1N and Lot 1 S, and; to create a common access easement." (Eagle County File No. SMB -2949) Bob Narracci, Planning Commissioner Fisher moved to approve the Consent Agenda, Items A -D. Chairman Pro -Tem Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Chairman Pro -Tem Runyon commended Commissioner Stavney for the work he did at the Colorado Board of Water Conservation meeting in getting minimum in stream flow rate in the Colorado River between Kremmling and Dotsero. Commissioner Fisher commented that Chairman Stavney is at the Water Board meeting and as such is not able to attend today's Board of County Commissioner's meeting. Citizen Input Chairman Pro -Tem Runyon opened and closed citizen Input, as there was none. Resolution 2011 -078 Ratifying the Amended Articles of Association of the Northwest Colorado Council of Governments Economic Development District Eagle County Commissioners 1 07/19/2011 Chairman Pro -Tem explained the amendment and reasons it was needed. It basically helped when the county was applying for Federal Grants. Eagle, along with Jackson County qualified. NWCOG was instrumental in obtaining funds to fight the bark beetle as well as having significant input about the I -70 corridor improvements. This allowed NWCOG to change its charter and meet the requirements of having 51% of board members as non- government representatives. Commissioner Fisher introduced some of the appointees including Kathy Chandler Henry and Don Cohen. Commissioner Fisher moved to approve the resolution to ratify the amended articles of association of the Northwest Colorado Council of Governments Economic Development District Chairman Pro -Tem Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Resolution 2011 -079 Concernin g Hearings on Hearin s Taxpayer Generated Petitions for Abatement and Refund of Taxes before the Eagle County Board of Commissioners Assessor's Office Representative Petitioner Account Number Kalani K. Johnson R029880 KRE SEP Property LP R046474 Charles H. Perrin R041521 Woods Trade & Investments, Inc. R050876 Creek Properties, LLC R046444 Faith & Raymond Bleesz R054863 Faith & Raymond Bleesz R054864 Jonathan Rotella R059941 Richard B. & Diane C. Cunningham R014556 Andrea H. Ohde R045267 Chairman Pro - Tem Runyon opened and closed public comment, as there was none. Commissioner Fisher moved to approve the resolution concerning hearings and taxpayer generated petitions for abatement and refund of taxes before the Eagle County Board of Commissioners. Chairman Pro -Tem Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Board of Equalization. Chairman Pro -Tem Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Resolution 2011 -080 Regarding Petitions to the Eagle County Board of Equalization County Attorney's Office Representative Bryan Treu indicated that this represented the petitions to the Board of Equalization. This year there were two hearing officers. Christina Hooper stated that there are about 59 administrative denials. Mr. Treu stated that these hearings must be completed by the end of August. 2 07/19/2011 Commissioner Fisher moved to approve the resolution regarding petitions to the Eagle County Board of Equalization, Chairman Pro -Tem Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Commissioner Fisher moved to adjourn as the Board of Equalization and re- convene as the Board of County Commissioners. Chairman Pro -Tem Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Open Space Funding Request: Nottingham Property Toby Sprunk, Open Space Director Mr. Sprunk presented a PowerPoint slide show with maps and aerial views. He showed the access road along with an unstable sandstone overhang that may need removal. The sight line in the driveway was poor. Cliff Simonton, Senior Planner stated that there was a long eddy for boat access. Some construction would be needed to make it a good put -in or take -out location. Mr. Sprunk continued and showed some historic buildings on the property. Commissioner Fisher spoke about the history of the buildings and believed there were two cabins, which were occupied by two men years ago. Mr. Sprunk stated that the property had two miles of river frontage. He provided the project information. It is 228 acres and it would be a fee simple purchase, it had historic and present day agricultural uses and was a good location. The access is currently somewhat problematic. He reviewed the criteria and ranking by sta ff and the committee. It provides BLM access to the Flat Tops. The property may lend itself to a GOCO grant. Diane Mauriello indicated that there were some legal issues that were being worked out. Mr. Sprunk spoke about maintenance costs and that the property could represent a large management responsibility. He summarized the OSAC comments including the scenic value, riparian habitat, historic buildings, and possibility of camping and boat launch and offered a unique view of the Colorado River Road. Concerns included the access and safety issues, lack of water rights with the purchase and costs associated with management of the property. There was a lack of current funding partners, the purchase price was fairly high and there was the lack of development pressure in the area. Despite the benefits, OSAC voted to not fund the project as currently presented. Commissioner Fisher stated that it was a beautiful piece of property. She spoke to the owner about the access challenges. The road was currently used as access to BLM property. She suggested speaking to the cabin owners about collaborating on road improvements. The water rights needed to be discussed with the owner. She agreed with OSAC as far as the opportunity, but given the contract constraints, it would be best to see if the owner would extend the contract. She also did not think there was development pressure. On many of the rural roads only one vehicle passage was possible, but in other situations there was an opportunity to back up and this road did not allow that. She wondered about blasting and removing some of the rock wall, but the cost would definitely need to be considered. There were many positives, but there are also many challenges within tight deadlines. Commissioner Runyon agreed with all of these concerns as well as agreeing with OSAC's view of the potential purchase. If money were not an issued this would be a quick and easy decision to purchase. However, it was the board's charge to maximize the Open Space fund's purchases and this did not currently fall into that criteria. He hoped to extend the contract to find other funding partners: Mr. Treu stated that the owner had been made aware of the concerns. Getting funding partners could take an additional 6 to 9 months. He hoped also to have the county engineers look at the access challenges and determine possible solutions. Commissioner Fisher spoke about the fact that the funds had already been transferred into the General Fund. She suggested keeping these funds in the General Fund for the time being as some of the details were being worked on. Mr. Simonton added that they were focused on what a purchase like this would mean in terms of the maintenance. It was a big piece of property, the public would enjoy the access but there were some significant liabilities. This year with the big runoff, it caused some of the banks to fail. 3 07/19/2011 Commissioner Fisher stated that although the dialog with the property owners was positive, it was still important to find partners to manage and maintain the properties. She hoped OSAC would identify some funds for on -going maintenance. Public access created the need to maintain properties and this costs money. Commissioner Fisher moved to deny the funding request for the Nottingham Property. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. CDOT City /County Annual Meeting (recorded) David Eller, Region 3 Director Dou g Aden , Transportation Commissioner Joe Elsen, Program Engineer Continuum of Care Retirement Community Discussion with The Kellogg Organization (recorded) Jill Klosterman, Housing Executive Session — Eagle Valley Land Trust (recorded) Toby Sprunk, Open Space There being no further business befor• :: -J • • the ' etng , as adjourned i 4 1 July 26, 2011. Attest: ...• �` 1 r\ Clerk to the Board c Qto_.po C 0)-1 tv A �T- 4 07/19/2011