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HomeMy WebLinkAboutMinutes 12/20/11 PUBLIC HEARING December 20, 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: 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 December 19, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll December 29, 2011 (subject to review by the Finance Director) Finance Department Representative C. Agreement between Eagle County and Vail Valley Medical Center Diversified Services, DBA Eagle Care Medical Clinic for the Provision of Prenatal Health Services Jennie Wahrer, Health & Human Services D. Agreement between Eagle County and Gould Construction, Inc. for Concrete Removal at the El Jebel Tree Farm Ron Siebert, Facilities Management E. Amended Final Plat / Beaver Creek Subdivision, Filing 4, Lot 15 (Eagle County File No. AFP -351 The intent of this Amended Final Plat is to amend the Building Envelope for Lot 2, Filing 5 of the Beaver Creek Subdivision by reconfiguring the plated envelope into a different shape and location on the lot Sean Hanagan, Planning Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated nothing. Commissioner Runyon moved to approve the Consent Agenda, Items A -E. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened public comment. Mr. Kevin Egan spoke to the board as owner of E -Town restaurant in Edwards. He spoke about his liquor license days of suspension. They originally planned to serve December 24 as their Saturday suspended day, however he requested that he be allowed to change this date to Saturday, January 28, 2012. Chairman Stavney stated that he appreciated the dilemma. 1 12/20/2011 Mr. Treu indicated that he felt this change could be allowed. There was an order that specified the days, and staff would clear up the paperwork. He didn't think technically anything else needed to be done. Chairman Stavney agreed that this request was reasonable and gave the board's approval. Resolution 2011 -146 Concerning Committed and Assigned Funds for Fiscal Year 2011 Pursuant to Generally Accepted Accounting Principles and Government Accounting Standards Board (GASB) Statement 54 Finance Department Representative John Lewis explained that complying with GASB 54 was a new way of reporting reserves. Restricted funds can only be those funds that were restricted by an outside source. He provided some detail about the differences between previous designations and new GASB regulations. Commissioner Fisher moved to approve the Resolution Concerning Committed and Assigned Funds for Fiscal Year 2011 Pursuant to Generally Accepted Accounting Principles and Government Accounting Standards Board (GASB) Statement 54. Commissioner Runyon seconded the motion. Certification of Mill Levies Joan Hanlon, Finance Ms. Hanlon presented the levies and Mr. Lewis explained the process. The mill levy had actually gradually decreased since 1991, and despite of thisand other revenue decreases, the county had maintained the credit rating of AA- and was the same rating as the state, and better than all counties except Denver and Jefferson counties. Certification of the mill levies did not indicate approval, only acceptance. Each mathematic calculation of the mill levy was compared to the assessed value to make sure no mistakes were made. Citizen's questions should be directed to the various district offices. Mr. Hanlon presented some of the data. Total gross revenue was 38 billion and gross value was 29 billion, which was about an 8.9 billion decrease in valuation. 41 out of 43 districts increased their mill levies, but only 8 districts had an increase in revenue. Mark Chapin, Eagle County Assessor stated that 43 of the districts were allowed to increase revenue or their mill levy due to de- Brucing ballot initiatives within their jurisdictions. The state website indicated that these 41 entities waved the Gallagher amendment. Ms. Hanlon stated that there was a net decrease of 36 million for all districts. Commissioner Runyon stated that he understood that most increases were because of bonds against the districts, and unless they defaulted against the bonds, most of the increases were going towards this debt. He wondered if Eagle County also de- bruced. He wondered why Eagle County could not increase its mill levy. Mr. Treu stated that de- Brucing did not allow increasing the mill levy it simply allowed keeping additional revenue. Mr. Chapin stated that in the case of Eagle County the de- Brucing only allowed retention of additional revenues, not increasing the mill levy. Ms. Hanlon stated that the information would be posted on the website. She spoke about increases in TIF (Tax incremental financing) revenues. She provided detail on various entities TIF increments. Commissioner Runyon moved to approve the certification of the mill levy. Commissioner Fisher seconded. The vote was declared unanimous. Commissioner Fisher congratulated Mark Chapin for becoming President of the Colorado County Assessor's Association. She recognized Bryan Treu as president of the Colorado County Attorney's Association and Keith Montag who has been elected as chair of the Association of Colorado County Administrators. This says 2 12/20/2011 a lot to the rest of the state about Eagle County's model of excellence. Commissioner Runyon was also the chair of the Northwest Council of Governments. Commissioner Runyon stated that as a relatively small county it was astonishing that other counties wanted to put people from Eagle County in leadership roles. Commissioner Fisher thanked Ms. Simonton for her work as a lobbyist on issues related to Elections. Resolution 2011 -147 Adopting a 6t Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2011, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies Finance Department Representative John Lewis stated that the entire contingency fund had not been used this year. This final supplemental has a total appropriation of $938,530.00. Of this amount, $208,000.00 came from additional revenues, $ 233,000.00 from the contingency fund and 463,000 from the unallocated fund balance. Animal services received donations of $1159.00. He provided some additional detail. Chairman Stavney spoke about the early out program. Mr. Lewis spoke about the purchase of digital radios early to get a better purchase price. He reviewed the various funds and detail of the costs associated with Early Out programs. Chairman Stavney clarified the expenses associated with the Beck parcel. He thanked the inmates from detention for helping with the cleanup. Mr. Lewis continued with explanation of Capital Improvement Fund allocations, Motor Pool and the Health Insurance Fund allocations. Chairman Stavney commended the Human Resources department and all employees for their participation in the health assessment process and the ways that this could save the county money. The early retirement program would cost the county about $300,000 this year. This represented about 9 full time employees. Mr. Montag spoke about the Early Out program, and felt that money would be saved over time in the long - run. Typically, some positions would not be re- hired. Those that were re -hired would likely be hired at a lower rate. Commissioner Fisher spoke about future tax revenues and recognized that the reappraisals would continue to be lower. Chairman Stavney stated that the county was down approximately 36% in assessed valuation. Chairman Stavney opened and closed public comment, as there was none. Commissioner Fisher moved to approve the Resolution Adopting a 6th Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2011, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Teak Simonton, Clerk and Recorder's Office APPLICANT: 4 Eagle Ranch, LLC DBA: 4 Eagle Ranch REPRESENTATIVE: Glenn Heelan, Owner 3 12/20/2011 LOCATION: 4098 Hwy 131 — Wolcott, CO 81655 REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: 4 Eagle Ranch, LLC submitted an application to transfer an Optional Premises Liquor License from 4 Eagle Ranch, Inc. They have 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. 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. An Affidavit of Transfer has been filed. 3. 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. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION. Glen Heelen spoke to the board. The funds generated from the ranch would be used for the community. They recently upgraded the facilities and added new amenities including an 11,000 foot event center. They would do much work with youth groups. It had been a labor of love. Chairman Stavney spoke about the type of events and how the property would be open to the public. Mr. Heelan explained the types of activities available at the ranch. There was also a petting zoo. They intend to continue, with the grace of the Denver Water Board. The restaurant would only open during the summer and in the winter activities would only include wagon and sleigh rides. Ms. Simonton explained the boundary map and excluded areas on the property. Mr. Heelan indicated that the licensed area did not include the zip line portion of the property. He understood the implications of the current licensed boundary. Jenna Skinner spoke to the board. She explained that the 1994 amended permit removed the winery. They make wine there, and did not need a license. Areas crossing roads would be excluded in the future transfer of ownership. Chairman Stavney stated that it would be a good idea to have a sign on the driveway heading off the property. Ms. Skinner spoke about staff training in managing removal of alcohol from the property. Commissioner Fisher complimented the owners on the upgrade of the property. She spoke about the property assisting the not- for - profit organizations. Mr. Heelan stated that the house was being used frequently for retreats and conferences. Chairman Stavney thanked Denver Water for allowing the continued use of the property. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to 4 Eagle Ranch, LLC d/b /a 4 Eagle Ranch 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, 4 12/20/2011 whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the orie- 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 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. The vote was declared unanimous. Planning Files AFP -3511 Bear Paw Lodge, Phase 4, Unit D12 Sean Hanagan, Planning ACTION: The purpose of this file is the inclusion of purchased common space into the property boundaries of unit D 12. LOCATION: 204 Bear Paw, Beaver Creek Area TITLE: Amended Final Plat Bear Paw Condominium Unit D FILE NO./PROCESS: AFP- 3511 / Amended Final Plat OWNERS: David & Mary Girk APPLICANT: Roger Broderson REPRESENTATIVE: Anthony Bartell 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this application is to amend the Condo lot line for Bear Paw Unit D -12 by adding 50 square feet of common element into Unit D -12 to allow for the construction of an additional bathroom. B. SITE DATA: Surrounding Land Uses / Zoning: East: PUD West: PUD North: PUD South: PUD Existing Zoning: PUD Total Area: .492 + /- Acres Water: Public Sewer: Public Access: Bear Paw C. STAFF FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. Eagle County Land 5 12/20/2011 Use Regulations, all adjacent property owners have NOT provided written consent of this request; thereby requiring this amended final plat to be heard in front of the Board of County Commissioners. Please see attached correspondence from representative and Adjacent Property Owners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. D. STAFF RECOMMENDATION: All applicable Eagle County Land Use Regulations have been satisfied. DISCUSSION: Chairman Stavney spoke about the request. Mr. Hanagan stated that he had received several phone calls and they all supported the proposal. The PUD had provisions such that if all adjacent property owners replied in a favorable manner it could be handled administratively. In this case, they did not get all owners to respond and as such, it needed to be presented to the board. Commissioner Stavney moved to approve Amended Final Plat number 3511 without any additional conditions. Commissioner Fisher seconded the motion. The vote was declared unanimous. Policy Governance (recorded) Keith Montag, County Manager 6 12/20/2011 Work Sessions (recorded) Strategic Planning Session Eagle Valley Regional Trail Ellie Caryl, ECO Trails ECO Trail Supporter of the Year Awards Ellie Caryl, ECO Trail There being no further business before the Board, the meeting was adjourned until Deceis +er 27, 2011. w'f Attest: • � " 2 ,1 �; �' 2' �,/ Clerk to the Board lir ^ Cha Y_i QRAA 7 12/20/2011