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HomeMy WebLinkAboutMinutes 06/09/20 PUBLIC HEARING June 9, 2020 Present: Kathy Chandler-Henry Chairman Matt Scherr Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Holly Strablizky 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 McQueeney spoke about all the activity in the building. The public was now allowed to join the weekly meetings and staff was in the building. The board recently met to review the budget and, likemost organizations,were anticipating a shortfall in revenue. She gave a shout tothe elected officials and directors and all the people keeping the county going. She believed that Eagle County was an amazing organization and would get through this together. Chairman Chandler-Henry echoed Commissioner McQueeney's comments. Commissioner Scherr reminded everyone that ballots were in the mail for the Colorado Primary. He encouraged people to review the candidates and consider all the information available. During these times of protests and racial injustice,he encouraged people to vote. Chairman Chandler-Henry gave a big thank you to all the community members who searched all weekend for the lost three-year old, Sebastian Castro. County Manager Updates Jeff Shroll thanked Birch Barron for his time setting up the EOC to assist in the search operations. Jan Miller also did an amazing job helping to facilitate the volunteers. Our hearts went out to the Castro family. He also mentioned the new policies being considered to get Eagle County to the"Black"phase on the COVID -19 trail map. COVID-19 Update Heath Harmon,Public Health Director,provided a COVID update. He reviewed the key performance indicators. The county was still listing itself as being cautious. One hundred percent of cases were investigated and were traceable in the past 15 days. Thirty-six percent of the new cases had been identified in the contact tracing. The county was working closely with employers. The number of new cases totaled 18 over the past ten days. The percentage of positive cases was 5%and hospital admissions and medical visits remained low. He reviewed the variance request. He would be adjusting some language in the variance request based on the new metrics. The information and dashboard was still available at www. ecemergency.org. 1 06/09/2020 Consent Agenda 1. State of Colorado Subaward Agreement for CARES Act 5311 Administrative and Operating Funding for ECO Transit Jared Barnes, ECO Transit 2. Approval of FAA Project/Contract to Rehabilitate the Airport's Air Carrier Ramp David Reid, Airport 3. Approval of the Minutes for the Board of County Commissioner Meetings for March 31,April 7, 14, 21, 23, 2020 Kathy Scriver, Clerk&Recorder's Office Commissioner Scherr moved to approve the Consent Agenda for June 9, 2020,as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Chandler-Henry opened and closed constituent input, as there was none. Business Items 1. Agreement Between Eagle County and Comcast Cable-First Reading Holly Strablizky, Attorney's Office Executive Summary: Comcast is a cable television provider to numerous Eagle County residents. In order to provide such services, Comcast must occupy Eagle County's various rights-of-way. Eagle County also provides local programming to its residents that have Comcast cable television service through Comcast's cable system. The new agreement modernizes the current agreement and details the grant of access to the rights-of- way, Comcast customer service expectations, access to public programming, right-of-way construction expectations, and agreement fee and PEG programming fee payment among other things. Eagle County and Comcast have historically had agreements to permit Comcast to occupy the various rights-of-way and the most recent agreement expired in 2018 and has been extended month to month as the County and Comcast have diligently worked to negotiate a new agreement. Eagle County has provided its residents with an opportunity to review and provide comment on the agreement, as well as,provide comment at this public hearing. Ms. Strablizky presented the request and background on the agreement. Joining the meeting via video was Tom Duchen, outside council for communication and Andy Davis from Comcast. She encouraged the board to open the public hearing to public comment. The county had a long standing agreement with Comcast Cable but it was time to renegotiate the agreement. The agreement area had changed slightly but the fees would remain the same. There would be service available in the Roaring Fork Valley and HD ability. The agreement was a l0year term. Andy Davis presented some slides that demonstrated the offerings of Comcast Company. The agreement permitted Comcast to use public rights of ways. The agreement was a 10-year term. Under this agreement they would be able to establish a direct connection. He explained the various service platforms. He spoke about the internes essential programs that allowed for low cost high speed internes at home. The build was just getting started in Gypsum. In Eagle, work would begin in Eagle Ranch. Websites were available for both communities that provided projected build timing and process.The project was big, and he estimated it would take at least a year and a half to complete. Chairman Chandler-Henry asked about the services in Basalt and El Jebel. 2 06/09/2020 Mr. Davis stated that getting a signal to the area was challenging, but they worked through it, and service would be available. Tom Duchen introduced himself. His company was in the telecommunications consulting business. His company had worked with Pitkin County for many years. He reviewed some of the updates in the document. Some of the changes were in the definitional section, and those definitions added much more detail to certain areas. Commissioner Scherr asked about the video structure. Mr. Duchen stated that under federal law, internet and broadband service could not be made part of the cable television agreement between a local government and a cable operator. There were still some open questions dealing with services. Ms. Strablizky welcomed public comment up to the next hearing date of June 16 when the agreement would be considered. 2. Comcast Letter Agreement-First Reading Holly Strablizky, Attorney's Office Executive Summary: The FCC has issued Orders which impact the obligations of Comcast and other cable operators to provide free drops to government and schools for cable service and to potentially offset these and other costs against agreement fees. Given the uncertainty of these Orders which are in litigation in Federal Court, Comcast desires to address the connection to public facilities in a separate letter agreement instead of in the cable television agreement. The County is in agreement with this approach and the terms of the separate letter agreement which has also been made available for the public to review. 3. The Board of County Commissioners will meet as necessary to review and take action on any issues related to the COVID-19 Local Disaster Emergency. Commissioner McQueeney moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Housing and Development Authority. Commissioner Scherr seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 1. Property Management Agreement between Riverview Apartments Preservation LP and Eagle County Housing and Development Authority Daniel Murray,Housing Executive Summary: We are in the process of a full refinance of the mortgage at Riverview Apartments. This will allow Riverview to pay off subordinate debt while not increasing the debt service due to very positive interest rates. Riverview and ECHDA are currently in a management agreement that was in effect in 2015 and then amended and extended in 2018 until 2021. Unfortunately, HUD does not want an amended and extended agreement. They want a new fully executed agreement. Therefore, we have updated the terns and are presenting you with a brand new full agreement from 2020-2024. Kim Williams stated that the Riverview Apartments property would be refinanced at a much lower rate. HUD required an updated management agreement in order to do so. The hope was to submit the application to HUD within the next few days. Commissioner Scherr moved to approve the agreement between Riverview Apartments Perseveration LP and Eagle County Housing and Development Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 3 06/09/2020 Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development and reconvene as the Eagle County Board of County Commissioners. Commissioner Scherr seconded the motion. The vote was declared unanimous. Discussions - Holy Cross Room/Virtual Planning File - Eagle County Room 1. ZS-009001-2019 Walking Mountains Science Center- Sweetwater Campus Kris Valdez, Community Development Executive Summary: The applicant requests approval for a resort recreational facility on the property located at 776 Sweetwater Road. The proposal consists of year-round day and overnight camps as well as up to two special events each year with up to 300 attendees. The camp and special events would be operated by Walking Mountains Science School. Ms. Valdez provided an overview of the proposal. The project consisted of a year-round resort recreational facility, day and overnight camps, two special events each year with up to 300 attendees, and a multipurpose education center. She reviewed the approval standards and indicated that the proposal was consistent with the Comprehensive Plan, compatible with the surrounding property uses, and compatible with zoning with conditions. The design minimizes adverse impacts. The applicant would be required to pay a road impact fee of$7,312. The parking proposed on site was adequate to accommodate the proposed uses. The application did require a variance from Commercial Driveway Standards. Condition#4 addressed the driveway variance. Chairman Chandler-Henry asked about condition#2. Ms. Valdez stated that the staff wanted to insure that the tents would be taken down after 180 days. Commissioner McQueeney asked about the requirement of an operations plan. Ms. Valdez stated that the plan addressed compatibility, hours of operation, and put bookends on the special use permit. The land use regulations required that the hours of use be identified. Chairman Chandler-Henry asked about water and wastewater systems. Ms. Valdez stated that there was currently a well. There would be a septic system for wastewater. Rickie Davies, Eagle County Engineering Senior Staff Engineer, addressed the traffic numbers. There was a conservative estimate of 26 trips per day, not many more than a typical residential home with an accessory dwelling unit. Markian Feduschak, Walking Mountains Science Center, stated that they had conversations with all of the neighbors, and there wasn't anyone who expressed a concern. He believed it was an incredible location and they would be taking a phased approach. The project was a great opportunity for education and stewardship programs. Commissioner Scherr moved to table the file until June 16, 2020 at 10:30 a.m. to give the public an opportunity to weigh in. Commissioner McQueeney seconded the motion. The vote was declared unanimous. e\.of EA 04. There being no further business(b: '( - ; d,the meeting w:s adjourned until June 16, 2020 Attest: 4-04 :9 ADO. - 1� Clerk to the Board Chairmad 4 06/09/2020