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Minutes 09/16/14 PUBLIC HEARING September 16, 2014 Present: Sara Fisher Chairman Pro-Tem Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Helen Lindow Deputy Clerk to the Board Absent: Jill Ryan 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-Tern Fisher stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of September 15,2014(Subject to Review by the Finance Director) John Lewis,Finance 2. Agreement between Eagle County and The North Highland Company for Process Improvement Services Rachel Oys,Administration 3. Agreement between Eagle County and Catholic Charities of the Archdiocese of Denver,Inc. DBA Catholic Charities,Western Slope for Emergency Assistance Services Sarah Luben,Human Services 4. Resolution 2014-079 Approving the Special Use Permit for Alexander Company Marijuana Cultivation Facility(Eagle County File No.ZS-4799) Scot Hunn,Planning Commissioner Fisher stated that item 2 would be pulled until next week when Rachel Oys would be present. Commissioner Chandler-Henry moved to approve the Consent Agenda for September 16, 2014, as presented, excluding item 2. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Pro-Tem Fisher opened and closed citizen Input, as there was none. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Housing and Development Authority. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 1 09/16/2014 Housing and Development Authority 5. Ratification of the Contract to Buy and Sell Real Estate(Residential)Between Eagle County Housing and Development Authority and the Miller Ranch Condominium Association for the Property Located at 69 Marble G124,Edwards, CO 81632 Kim Williams, Housing Ms. Williams stated that the Housing Authority was under contract to purchase the property. The property was currently in foreclosure and owned by the Miller Ranch Condominium Association. The intent was to purchase the property,make any necessary repairs and put it back on the market,keeping the deed restriction. Commissioner Chandler-Henry moved to approve the contract to buy and sell real estate between Eagle County Housing and Development Authority and the Miller Ranch Condominium Association for the property located at 69 Marble Unit G 124,Edwards CO 81632. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Housing and Development 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. Business Items 6. Grant Agreement,FAA Project Number 3-08-0020-053-2014,between the Federal Aviation Administration and Eagle County for Rehabilitation of Air Carrier Apron(Construction,Phase II) Greg Phillips,Airport Rick Ullom,Project Management Mr.Phillips stated that the project was high on their priority list. They'd been preparing for the project for some time. They would be replacing the aging concrete apron on the air side of the terminal. Design for the project took place in 2011 but based on the overall cost,the project was divided into three separate construction phases. The first phase was completed in the summer of 2012. Commissioner Chandler-Henry stated that there was a match of$832,000. Mr. Phillips stated that the money was available in the Airport Fund balance. CDOT had historically paid half of the sponsor match at airports across the state. Commissioner Fisher was pleased with the commitment and proud of the jobs done well. Bryan Treu stated that the agreement in the packets were in draft form. Commissioner Chandler-Henry moved to approve the grant agreement formally approved by the County Attorney and authorizing any of the commissioners to sign any documents necessary to effectuate the grant. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 7. Resolution 2014-080 Authorizing the Adoption of a Temporary Moratorium on All Building Permit Applications That Would Result in the Installation of Ground-Mounted Solar Panels or Solar Energy Devices of 70 KW or Less on Property in any Zone District in Unincorporated Eagle County Beth Oliver,Attorney's Office 2 09/16/2014 Ms. Oliver stated that the temporary moratorium would be for a period of six months or until the amendments were adopted and approved by the board. The moratorium focused only on ground mounted solar panels. The current regulations did not adequately address ground mounted project less than 79 KW. Commissioner Chandler-Henry moved to approve the resolution authorizing the adoption of a temporary moratorium on all building permit applications that would result in the installation of ground- mounted solar panels or solar energy devices of 79 KW or less on property in any zone district in unincorporated Eagle County. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 8. Contract to Buy and Sell Real Estate between Eagle County and Spencer A.Depree and Susan A. Depree for the Purchase of 23771 Colorado River Road,Burns, CO 80423 Toby Sprunk, Open Space Mr. Sprunk stated that the property left the federal estate in 1905 as part of a mining claim. He believed it was a truly outstanding property. It was an area where the Division of Wildlife reintroduced big horn sheep. There were no plans to develop roads with vehicular access. There was a cabin located on the property that could be leased to an outfitter on a seasonal basis;to demolish it would be a shame. He believed there should be a creative way to manage so the public could enjoy it. The asking price was $480,000,however the owner agreed to$300,000.The county would manage the property in the short term. At some point, if a land trade with BLM were not to happen,he recommended a conservation easement to the Eagle Valley Land Trust. He reviewed the criteria. The wildlife criteria had the strongest argument. Commissioner Chandler-Henry stated that she was involved in the presentations about data. analysis. It was determined that because of Eagle County's Open Space acquisitions;take-outs and put- ins,the pattern of usage was changing to the benefit of the river environment. There wasn't as much concentration in certain places and it opened the river up to a variety of users. Mr. Sprunk believed baseline data was needed. He believed that everything done on the Colorado River helped build the summertime community. The property was consistent with.the Eagle County Master Plan. He believed that west slope water rights were key to the economy and created a strong argument in favor of the purchase Commissioner Fisher suggested signage to encourage people to be respectful of the property. Mr. Sprunk explained that there were three resolutions, one to sign the purchase contract, a second which would approve the funds, and the third allowing any of the commissioners to sign the documents in the days leading up to closing. Commissioner Chandler-Henry moved to approve the contract to buy and sell real estate between Eagle County and Spencer A. Depree and Susan A. Depree for purchase of 23771 Colorado River Road, Burns, CO 80423. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 9. Resolution 2014-081 Approving the Purchase Agreement and Use of Open Space Funds for the Acquisition of the Colorado River Retreat Property Located at 23771 Colorado River Road, Burns, Eagle County,Colorado Toby Sprunk, Open Space Commissioner Chandler-Henry moved to approve the purchase agreement and use of Open Space funds for the acquisition of the Colorado River Retreat property located at 23771 Colorado River Road, Burns CO 80426. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 3 09/16/2014 10. Resolution 2014-082 Authorizing any of the Eagle County Commissioners to Execute all Documents Necessary for the Acquisition of the Colorado River Retreat Property Located at 23771 Colorado River Road,Eagle County,Burns,Colorado Toby Sprunk, Open Space Commissioner Chandler-Henry moved to approve the resolution authorizing any of the Eagle County Commissioners to execute all documents necessary for the acquisition of the Colorado River Retreat property located at 23771 Colorado River Road,Burns CO 80426. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. There being no further business before the .di , (sleeting was adjourned unti Septe 2 er/3,20 4. 42 It 11 •, Attest: f` • . / Clerk to the Board r ��ORAOO Chairman 4 09/16/2014