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HomeMy WebLinkAboutMinutes 11/14/17 PUBLIC HEARING November 14, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Bryan Treu Interim County Manager Beth Oliver Interim County Attorney Christina Hooper Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner Chandler-Henry provided an update on Veteran's Day and thanked the VFW Post 10721 for putting on the Veteran's Day ceremony at Freedom Park. Commissioner McQueeney reminded everyone that Colorado Gives Day was December 5th and encouraged people to get online and research the different organizations that were participating. She thanked the voters for approving Ballot Issue 1A to support mental health services within the community. The spending process would be open, and the county would be accountable to those funds. Chairman Ryan spoke about a meeting she attended called the"Collaborative Effort." It was a collaboration of stakeholders up and down the 1-70 corridor charged with reaching a consensus on recommended transportation solutions for the 1-70 mountain corridor. Consent Agenda 1. SMB-7132 Highland Meadows Lot 26 Plat Sean Hanagan,Planning 2. Approval of the Minutes of the Board of County Commissioner Meetings for August 4,August 8,August 15,August 22,and August 29,2017 Kathy Scriver, Clerk&Recorder's Office 3. First Amendment to Agreement Between Eagle County, Colorado and Rocky Mountain Elevator Service, LLC Ron Siebert,Facilities management 4. Third Amendment to Agreement between Whole Health LLC and Eagle County Sarah Kennedy,Public Health 5. Consent to Assignment and Assumption of Subdivision Improvements Agreement for the Hagedorn Planned Unit Development aka Edwards Mini-Storage Subdivision Beth Oliver,Attorney's Office 6. FTA Section 5311 Grant Agreement Between CDOT,Division of Transit and Rail and Eagle County Jared Barnes, ECO Transit 1 11/14/2017 7. First Amendment to FTA Section 5311 Grant Agreement between CDOT,Division of Transit and Rail and Eagle County Jared Barnes, ECO Transit 8. Resolution 2017-074 Concerning Advertisements on Eagle County Mass Transportation Vehicles and Property Chris Lubbers,Transit&Fleet Services 9. Agreement for Child Care Partnership Early Head Start services between Clayton Early Learning, Trustee, George W. Clayton Trust and Eagle County Joey Peplinski,Human Services 10. Resolution 2017-075 Transferring and Distributing Revenues from the County Forest Reserve Fund, Fiscal Year 2016 Jill Klosterman,Finance 11. Agreement for Distribution of National Forest Payments between Eagle County and Roaring Fork School District RE-1 Jill,Klosterman,Finance 12. Agreement for Distribution of National Forest Payment between Eagle County,Colorado and Eagle County School District RE 50-J Jill Klosterman,Finance 13. Third Amendment to Agreement with DBT Transportation Services and Eagle County Andy Solsvig, Operations Manager 14. Investment Advisory Agreement Teak Simonton, Treasurer 15. Resolution 2017-076 Authorizing Any of the Eagle County Commissioners to Execute All Documents Associated With the Acquisition and Permanent Preservation of the Hardscrabble Ranch Property Diane Mauriello Commissioner Chandler-Henry moved to approve the Consent Agenda for November 14,2017, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Ryan opened constituent input. Joanne Rock acknowledged the veterans in the audience for their services. Chairman Ryan closed constituent input. Business Items 1. Resolution 2017-077 Proclaiming December 5,2017 as "Colorado Gives Day" Erin Ivie, Speak Up Reach Out Executive Summary: Charitable giving in Eagle County is critical to providing support that local nonprofit organizations need to make our community a desirable place to live. The Community First Foundation and First 2 11/14/2017 Bank have partnered in an effort to increase charitable giving in our community through the online giving initiative Colorado Gives Day. Colorado Gives Day is December 5th this year, and all citizens are encouraged to participate because all donations,large or small, can make a difference to nonprofits in need. Erin Ivie, Executive Director for Speak Up Reach Out spoke on behalf of Eagle County Gives. Every donation received on December 5th would be boosted by an incentive fund provided by the Community First Foundation and First Bank. There were 40 plus agencies approved for Colorado Gives Day in Eagle County. One million dollars was raised in 2016 by local originations. Commissioner McQueeney moved to approve the resolution proclaiming December 5, 2017 as"Colorado Gives Day" Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. Resolution 2017-078 Concerning Appointment of Patricia Hammon as Eagle County's Veterans Service Officer Megan Burch,Human Services Executive Summary: Colorado Revised Statute § 28-5-801 mandates that the board of county commissioners of each county appoint a veterans service officer for such county for a two-year term. Pat Hammon has faithfully served in this role since 2012. The current appointment term is January 1, 2016—December 31, 2017. The proposed new term is for January 1,2018-December 31, 2019. Megan Burch stated that there were about 2300 veterans in the community. She was honored to reappoint Pat Hammon to serve the veterans. Ms.Hammon represented the veterans in the Eagle County locally and state- wide as well as with the hospital in Grand Junction,the Colorado Board of Veterans Affairs, and the Colorado Board of Public Health and Environment. The funding for the position was split between the state and the county. Ms. Hammon stated that it was an honor to be appointed again. She worked with all the nonprofits in the county and she couldn't do what she did without their support. She spoke about the number of veterans in the community, and the number was probably near 4000. Carolyn Schneider,US Navy Air Traffic Controller, spoke. She believed her service was both a privilege and challenge. Larry Trotter, US Air Force Intelligence-Korean War, spoke.He served from October 1950 through October 1954. Buddy Sims, US Air Force Pilot—Vietnam and Gulf War, spoke about his experience in the service. Bill"Mac"McMakin,US Army Air Corps,B24 pilot—WWII, spoke. He joined the Air Force in 1942, and it was a wonderful experience and opportunity. He spent two years in active duty in England. Commissioner McQueeney moved to approve the resolution concerning the appointment of Patricia Hammon as Eagle County's Veterans Service Officer. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Resolution 2017-079 in Support of Eagle County Veterans in Honor of Veterans Day November 11,2017 Megan Burch,Human Services Commissioner Chandler-Henry moved to approve the resolution supporting the Eagle County Veterans of Honor of Veterans Day November 11, 2017. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4. Resolution 2017-080 Approving the 3rd Supplemental Budget 2017 Jill Klosterman,Finance Executive Summary: BoCC will be review the 3rd Supplemental request on November 6th,2017 during the 3 11/14/2017 Manager update. Public Notice will be completed on November 9th,2017 and the request for these additional Appropriations will be made in the November 14th, 2017 public meeting. EAGLE COUNTY GOVERNMENT EXHIBIT A 11/14/2017 Department Description Amount GENERAL FUND Revenues: Communication PEG Fund $30,000.00 Vegetation Mgt Cost Share $4,000.00 Search&Rescue DOLA Sheriff Grant Funds $9,683.00 Transfer in from Offsite for Finance N.El Jebel Intersection $140,000.00 Unassigned Fund Balance $570,058.00 Total Revenue $753,741.00 Expenditures: Equipment for Recording Meetings in Holy Cross Communication Conference Room $30,000.00 Vegetation Mgt Cost Share $4,000.00 Search&Rescue DOLA Sheriff Grant Funds $9,683.00 Finance N.El Jebel Intersection $140,000.00 Detentions Inmate Boarding Fee's $92,300.00 Detentions Inmate Food $20,000.00 Wildlife Connectivity Sustainable Communities Assessment Phase 2 $27,758.00 Walking Mountains Sustainable Communities Community Survey $10,000.00 Bocc CCI Annual Dues $10,000.00 HS Administration Wages-Regular $(12,333.00) HS Administration Contractual Services $12,333.00 Building Improvements- Project Management EC Facilities Building $300,000.00 Vail Center Small Business Administration Development $20,000.00 Outside Legal Counsel for Attorney Tax Appeal Litigation $90,000.00 Total Expenditures $753,741.00 Road and Bridge Fund Assigned Fund Balance $15,000.00 Total Revenue $15,000.00 Expenditures: Maintenance Overtime $15,000.00 Total Expenditures $15,000.00 Social Services Fund Federal Grant Fed pass thru SS Administration -Title XX $6,100.00 Assigned Fund Balance $1,400.00 Total Revenue $7,500.00 Expenditures: Title XX-Contractual SS Administration Services $7,500.00 Administration Wages Regular $(18,500.00) DHS Programs $18,500.00 4 11/14/2017 Total Expenditures $7,500.00 OFFSITE ROAD IMPROVEMENTS FUND Revenues: Developer Fees $175,000.00 Interest on Investment $5,000.00 Assigned Fund Balance $(38,800.00) Total Revenue $141,200.00 • Expenditures: Transfer out to General Fund for N El Jebel Intersection $140,000.00 Miscellaneous Treasurer Treasurer Fees Fees $1,200.00 Total Expenditures $141,200.00 AIRPORT FUND Revenues: Federal Grant-Aip 58 $900,000.00 Federal Grant-AIP 57 $378,580.00 Assigned Fund Balance $146,420.00 Total Revenue $1,425,000.00 Expenditures: 2 pieces of Snow Removal Equipment $1,000,000.00 North Side General Aviation Paving Project $425,000.00 Total Expenditures $1,425,000.00 Public Health Fund Revenues: State Grants Programs- CTC(Communities that Total Health Alliance Care) $60,000.00 WIC Federal Grant WIC $37,533.00 Assigned Fund Balance $(4,032.00) Total Revenue $93,501.00 Expenditures: CTC(Communities that Total Health Alliance Care)-Contractual Services $60,000.00 Tuition and Training (Women,Infant,and WIC Children) $3,500.00 PH Administration Salaries and Benefits $30,001.00 Total Expenditures $93,501.00 OPEN SPACE FUND Revenues: Interest on Investments $14,500.00 Fees Recreational Use $8,700.00 County Property Rentals $7,775.00 Donations and Contributions $260,054.00 Miscellaneous Revenue $365.00 Sales of Two Bridge and State Bridge $1,300,000.00 Assigned Fund Balance $(966,663.00) 5 11/14/2017 Total Revenue $624,731.00 Expenditures: Hardscrabble Costs- Conservation Fund& Closing Related Costs $584,731.00 State Bridge Closing Costs $20,000.00 Two Bridges Closing Costs $20,000.00 Total Expenditures $624,731.00 Capital Improvement Fund Revenues: Assigned Fund Balance $270,000.00 Total Revenue $270,000.00 Expenditures: Transfer out to R&B for Red Dirt Bridge Contribution $10,000.00 Facilities Management Property Purchase-Coroner $220,000.00 Project Management Admin Conference Remodel $40,000.00 Total Expenditures $270,000.00 Motor Pool Fund Revenues: Replacement Revenue $1,916.00 Parts Revenue $63,928.00 Unrestricted Net Position $333,232.00 Total Revenue $399,076.00 Expenditures: New Tank for Landfill Water Truck $110,915.00 Repair Parts $221,662.00 Operating Supplies $5,000.00 Repairs $5,000.00 Employee Engagement Training $1,100.00 Employee Engagement Training $1,100.00 Wages-Regular Light $26,390.00 Wages-Regular Heavy $21,358.00 Wages-Overtime $6,551.00 Total Expenditures $399,076.00 E911 Fund Revenues: E911 Fees $37,325.00 Restricted Net Position $(14,471.00) Total Revenue $22,854.00 Expenditures: Other Purchased Services $16,200.00 Intergovernmental Support Services $6,654.00 Total Expenditures $22,854.00 SUMMARY All Funds Additional Revenue $3,270,459.00 Revenue Carryforward from 2016 to 2017 $ - Unassigned and Assigned $ - 6 11/14/2017 Fund Bal(incl.Net Assets) -Previously Funded Contingency Fund (Unassigned) $ - Unassigned and Assigned Fund Balance used for additional appropriations - $(6,617.00) Committed Fund Balance- Previously Funded Committed Fund Balance- used for additional appropriations $ - Restricted Fund Balance- Previously Funded $ - Restricted Fund Balance- used for additional appropriations $30,000.00 Restricted Net Position $(14,471.00) Unrestricted Net Position- Previously Funded $ - Unrestricted Net Position- Used for additional appropriations $333,232.00 Nonspendable $ - Transfers $140,000.00 $3,752,603.00 Revenue Carryforward $ - Unassigned&Assigned (including Contingency) $(6,617.00) Unrestricted Net Position $333,232.00 Restricted Fund Balance $15,529.00 Committed Fund Balance $ - Subtotal-New Approp $342,144.00 Transfers $140,000.00 New Revenue $3,270,459.00 Total $3,752,603.00 Robbie Arndt stated that the supplemental totaled$3,752,603.00. Approximately$3.3 million was additional new revenue, and$140,000 represented a transfer between funds to cover additional expenses on the north El Jebel intersection, and$342,000 represented the impact to unassigned and assigned fund balance. The impact to the General Fund reserves was an additional$570,000. The request was reviewed in detail last week and would be posted on the website. Staff believed the request continued to represent a conservative approach to the budgeting and requested an approval. Commissioner Chandler-Henry moved to approve the 3rd Supplemental Budget 2017. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Liquor License Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Local Liquor Licensing Authority 1. Village Bagel New Tavern Liquor License Application Applicant: Village Bagel, LLC d/b/a Village Bagel Owner: Constance Leaf Location: 345 US Hwy 6,Unit B7—Edwards, CO 81632 Request: Tavern Liquor License 7 11/14/2017 DESCRIPTION: The applicant submitted an application for a NEW Tavern Liquor License on September 27, 2017 which permits the sale of beer, wine, and spirits for on premise consumption. Connie Leaf currently rents space in a commercial kitchen and sells small batches of bagels at various locations throughout Eagle County. Per the alcohol management plan, Village Bagel will be a modern quick service restaurant focusing on hand-made, boiled, and baked bagels as well as great coffee and brunch cocktails in a cozy, casual atmosphere. The proposed hours of service are 7 days a week, 7 AM—3 PM daily. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommended the following neighborhood: The neighborhood shall consist of a two (2) mile radius surrounding the proposed location for the licensed premises. FIRST MOTION-Establishing the Neighborhood: Commissioner McQueeney moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two(2)mile radius surrounding the proposed location for the licensed premises. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD: 1. Per Section 12-47-301 (2)(a) of the Colorado Liquor Code - The Local Licensing Authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood, and whether the existing licenses are adequate to meet these needs and desires. 2. A petition was circulated by the applicant. • 94 Signatures Favoring Issuance • 0 Signatures Opposing Issuance OTHER LOCAL LICENSING AUTHORITY CONSIDERATIONS: 1. Per Section 12-47-301 (2)(b) of the Colorado Liquor Code—The Local Licensing Authority may deny the issuance of any new tavern or retail liquor store license if the issuance of such license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources. a. There are currently three(3)Tavern licenses in the Edwards area; i. Eat! (Edwards Corner) ii. The Rose(Riverwalk) iii. Hovey&Harrison(Edwards Corner) 2. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease,rental, or other arrangement for possession of such premises. 3. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 4. Whether the fees have been paid. 5. Whether the applicant is of good moral character. 8 11/14/2017 STAFF FINDINGS: 1. The applicant has filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The applicant is 21 years of age and reported to be of good moral character based on his Colorado Bureau of Investigation background report. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises November 1, 2017 and publication in the Eagle Valley Enterprise on November 2 and November 9,2017. 4. The premises are not within 500 feet of a location for which, within two years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. 7. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority and proof of server training will be provided upon issuance of the license. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Tavern Liquor License. SECOND MOTION-Approval of the Application and Issuance of the License: Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority find that there is a reasonable requirement and desire for the issuance of this license and therefore approve the Tavern Liquor License for Village Bagel,LLC d/b/a Village Bagel based on the testimony,petitions,and incorporating staff's findings. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Local Liquor Licensing Authority and re-convene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 1. Agreement for Services between Lake Creek Village LLC and JJGG Roofing& Sheet Metal, Inc. Daniel Murray,Housing Mr.Murray stated that the agreement was the basic snow removal contract that was entered into annually. The cost was a slightly higher than prior years with the hope of better service. Commissioner Chandler-Henry moved to approve the agreement for services between Lake Creek Village LLC and JJGG Roofing& Sheet Metal,Inc. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 9 11/14/2017 2. Resolution 2017-081 Authorizing Kimberly Bell Williams As Executive Director Of The Eagle County Housing And Development Authority To Execute Agreements And Documents With A Value No Greater Than Twenty Thousand Dollars Kimberly Bell Williams,Housing Commissioner McQueeney moved to approve the resolution authorizing Kimberly Bell Williams as Executive Director of the Eagle County Housing and Development authority to execute agreements and documents with a value no greater than twenty thousand dollars. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor License Authority and re- convene as the Eagle County Air Terminal Corporation. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation 1. Second Amendment to Concession Agreement for Operation of Rental Car Services between ECAT and The Hertz Corporation Erin Duffy,Airport Commissioner Chandler-Henry moved to approve the Second Amendment to Concession Agreement for Operation of Rental Car Services between ECAT and The Hertz Corporation Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. Second Amendment to Concession Agreement for Operation of Rental Car Services between ECAT and Enterprise Leasing Company of Denver,LLC d/b/a Alamo Rent a Car and National Car Rental Erin Duffy,Airport Commissioner Chandler-Henry moved to approve the Second Amendment to Concession Agreement for Operation of Rental Car Services between ECAT and Enterprise Leasing Company of Denver,LLC d/b/a Alamo Rent a Car and National Car Rental. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 3. Concession Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Corporation and Hy-Mountain Transportation, Inc., d/b/a High Mountain Taxi Erin Duffy,Airport Commissioner Chandler-Henry moved to approve the Concession Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Corporation and Hy-Mountain Transportation,Inc. d/b/a High Mountain Taxi. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4. Concession Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Corporation and Colorado Mountain Express,Inc. Erin Duffy,Airport Commissioner Chandler-Henry moved to approve the Concession Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Corporation and Colorado Mountain Express,Inc. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 10 11/14/2017 Commissioner McQueeney moved to adjourn as the Eagle County Air Terminal Corporation and re- convene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Planning File 1. ZS-6033/Special Use Permit Verizon Wolcott Cell Tower Location: 20801 Hwy 6,Eagle CO 81631 Owner: Verizon Wireless Applicant: Same Representative: Alicia Wood-Black&Veatch Staff Planner: Kris Valdez,MURP,AICP Staff Engineer: Rickie Davies,PE Executive Summary: Verizon Wireless has limited service within the Wolcott area. They are proposing a new 85 foot monopine to the east of Eagle.A monopine is a cell phone tower that looks like a pine tree. DISCUSSION: Ms.Valdez presented the request. Verizon Wireless was responding to customer complaints of limited service in within the Wolcott area.They were proposing a new 85 foot monopine with an equipment shelter. The tower would be located on a 43-acre parcel between mile markers 150 and 151 of I-70. The proposal met the standards due to its remote location. The applicant was requesting a road variance due to the nature of the road. Rickie Davies,Eagle County Engineer addressed the road variance. The maximum rural grade was 12%, and on the last half mile of the roadway,the grade was 16%. A site visit was done, and staff was able to make it up the site in two wheel drive. Due to the limited number of trips to the site,Eagle County Engineering supported the variance. Chairman Ryan opened and closed public comment as there were none. Commissioner McQueeney believed the request was fairly straight forward and the variance seemed reasonable. Commissioner Chandler-Henry agreed with staff findings that the standards had been met and the impact was reasonable. Chairman Ryan believed the request met the standards and the variance approved by engineering was appropriate. Commissioner Chandler-Henry moved to approve file no.ZS-0633 incorporating staff's findings and recommended conditions, as they met the standards for approval of a Special Use Permit. Commissioner McQueeney seconded the motion.The vote was declared unanimous. Work Session 1. Quarterly Public Trustee and Interest Report otoco6. There -ing no further bl -ss b ;: 1'�. ct : e eet.+: as adj• ed until •d-mberr •,2017. • Attes - y /Ake_ co �a��0 11614 �J 2/ , / ��1 /�44 r erfo the Board C airma10 / 11 11/14/2017