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HomeMy WebLinkAboutMinutes 08/26/03 PUBLIC HEARING AUGUST 26, 2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Teak Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved the Board adjourn into Executive Session for the purpose of receiving legal advice on specific legal questions concerning potential liability associated with recreational uses at Berry Creek / Miller Ranch and for the purpose of receiving specific legal advice concerning bid procedures and negotiations with CMC Miller Ranch Road, and concerning the proposed Red Table Acres Public Improvement District, all of which are appropriate topics for discussion pursuant to 24-6-402 (a)(b) and (e). Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the first matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of August 25, 2003, subject to review by County Administrator B) Approval ofthe minutes of the Board of County Commissioners meeting for July 29 & 31, 2003 and August 5 & 12, 2003 C) Resolution 2003- ???, authorizing Eagle County to accept the Letter of Recommendation to Contract and approve the Notice of Contract Award and acceptance of Federal Aviation Administration Grant for improvements to the Eagle County Regional Airport D) Agreement between Eagle County and Adams Community Health Center, Inc. E) Resolution 2003-101, authorizing the Director and the appointed acting Director of the Eagle County Department of Health and Human Services to enter into and execute designated Child Placement Agreements F) Resolution 2003-102, establishing the rate of charge for Emergency Telephone Service G) Resolution 2003-103, adopting rules and procedures for arbitration and appointing arbitrators for appeals from decision of the 2002 Board of Equalization H) Agreement between Eagle County, Colorado and Colorado Mountain College concerning improvements within the right-of-way on Miller Ranch Road, Eagle County, Colorado I) Intergovernmental Agreement between the County of Eagle and the Town of Red Cliff for Animal Control services. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. 1 August 26, 2003 Diane Mauriello, County Attorney, stated that item C, the Resolution authorizing Eagle County to accept the Letter of Recommendation to Contract and approve the Notice of Contract Award and acceptance of Federal Aviation Administration Grant for improvements to the Eagle County Regional Airport, should be tabled because the bids came in over the original grant amount. The paperwork has not been completed. Rich Cunningham, Director of Facilities Management, stated the request is to table for one week. The bids came in over what the F.A.A. was going to fund with the grant. Once the bids were delivered to the F.A.A. they increased their grant by $975,000.00. They have not received the documents. Ms. Mauriello stated with respect to Item H, the Agreement between Eagle County and Colorado Mountain College concerning improvements within the right-of-way on Miller Ranch Road, she suggested the Chairman be authorized to sign the Agreement once it has been signed by the applicant and received by the Attorney. Chairman Gallagher asked about item E, the Resolution authorizing the Director and the appointed acting Director of the Eagle County Department of Health and Human Services to enter into and execute designated Child Placement Agreements. Kathleen Forinash, Director of Health & Human Services, explained that her department wanted to make sure that practice is consistent with what the Board wishes. In the instances where her department is given custody of a child, when those children are placed there is an agreement that is required for the care provided according to certain standards. Her experience has been that she has signed these forms, but the state recently updated and revised these forms. She requested review of this procedure by the Board. She clarified that these issues come up very quickly and are very confidential. Chairman Gallagher stated that it appears to offer "carte blanche" for Ms. Forinash to sign these agreements. He asked if they had time to review the agreements. Ms. Forinash clarified that in most instances legal custody is given to the county based on a court action. The county is then obliged to provide care regardless of budgetary constraints. Because of this situation, it may not be possible to restrain expenditures related to it. Chairman Gallagher also asked about item B, the minutes from July 31 st related to the Bair Ranch. He referred to page 7, at the top. He referred to the 10 minute break, and the question from Commissioner Menconi related to an amount of $1 million dollars that still needs to be raised. He stated he would like the minutes to reflect $1.3 million dollars. When he reviewed the minutes of the previous day, the total purchase price of$5.2 million, of which $1.9 million had been raised so far, and the County had been asked for $2 million, leaving a balance of $1.3 million. In further conversation, Mr. Macy had mentioned $1.5 million. He asked for clarification so that the amount that the Board is expecting to be made up is $1.3 million. Ms. Mauriello stated that it is appropriate for the Board to amend the minutes to accurately reflect what was heard. She expressed concern about inserting information that may not have come up specifically. She stated another way to remedy that is for the Attorney's Office to communicate that the full purchase price and the full deal, which were conditions that were imposed, is what the County expects to happen. Chairman Gallagher stated that he is concerned that at some point someone would show up with less than the $1.3 million and state that their end of the commitment has been made. Commissioner Stone stated that he would like the item to be tabled in order for him to listen to the tape. Commissioner Menconi requested that Ms. Simonton go back and review the tape to insert the information that was requested and clarify the information on the transcribed minutes. Commissioner Stone moved to approve the Consent Agenda with the exception of items H, to be heard at a later time today, item B will be approved for meeting minutes of August 5 & 12,2003 and meeting minutes July 29 & 31, 2003 be tabled to September 2, 2003, and tabling item C, a Resolution authorizing Eagle County to accept the Letter of Recommendation to Contract and approve the Notice of Contract Award and acceptance of Federal Aviation Administration Grant for improvements to the Eagle County Regional Airport to September 2,2003. Commissioner Menconi seconded the motion. The vote was declared unanimous. 2 August 26, 2003 Plat & Resolution Signing Chairman Gallagher stated there are no plats or resolutions to be considered by the Board. plats and resolutions for the Board's consideration: Item H, Agreement with Colorado Mountain College Chairman Gallagher stated the next matter was item H on the Consent Agenda, Agreement between Eagle County, Colorado and Colorado Mountain College concerning improvements within the right-of-way on Miller Ranch Road, and asked the Board to consider authorizing the Chairman to sign the agreement once signed, received and unchanged. Commissioner Stone moved to approve the Agreement between Eagle County, Colorado and Colorado Mountain College concerning improvements within the right-of-way on Miller Ranch Road. The Chairman shall be authorized to sign the agreement once signed, received and unchanged. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mountain Coalition Grant Request KT Gazunis, Director of Housing, stated the next item on the agenda was the Mountain Coalition Grant request. She stated this grant request does not require any County match. She stated this is an opportunity for the County to apply for $100,000.00 of pass through money for the Down Payment Assistance Program. She related the State found an extra $1 million dollars that will be split evenly between five counties. She stated the State is releasing the first $500,000 now and will release the second later in the year. Commissioner Menconi moved to approve the Colorado Mountain Coalition Grant request of $100,000.00 for the Down Payment Assistance Program. Commissioner Stone seconded the motion. The vote was declared unanimous. Abstract of Assessment Joyce Mack, Eagle County Assessor, presented the Abstract of Assessment for the Board's signature. Ms. Mack informed the Board of the total taxable valuation of property in Eagle County. She stated the County's taxable valuation was $1,989,427,070.00. The exempt valuation was $142,240,260.00. The total valuation is $2,131,667,330.00. The taxable assessments are down from 2002 by 6% due to the Gallagher Amendment, the residential assessment rate was 9.15% and that has been reduced to 7.96%. Commissioner Stone asked for a short presentation from the Assessor to explain the Gallagher amendment sometime in the future. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation The first item on the agenda was the approval of the minutes. Commissioner Gallagher moved to approve the minutes of July 8, 2003. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Mauriello spoke to the Board about Tiga Advertising Corporation. She stated there are a 3 August 26, 2003 total of 17 advertising spaces in the terminal of which ECAT is reserving the right to three of those. There is a notation that Tiga Advertising would like to install additional advertising devices. Any installation will be in the sole discretion ofthe Corporation. This is a non-exclusive agreement which allows the corporation to display additional art exhibits, public service displays, in addition it requires removal of the free standing kiasks by October 1, 2003. She also brought Article III to the attention of the Board relating to the term ofthe agreement. Currently the agreement is for a one year term but can be extended by the Board, up to a four year term. Finally, Article IV sets out the compensation to the corporation for the services rendered. She highlighted the requirements for the first year and subsequent years. Eagle County would ultimately receive 50% ofthe gross revenue on a monthly basis. In later years Tiga Advertising is to pay a minimum fee that is set out in Section 4.1 (b) in advance. There is a reconciliation at the end ofthe contract year and the County will receive 50% of the gross revenue or that minimum payment, whichever is less. Commissioner Stone asked about the Vail Resorts car. Ms. Mauriello stated that appears in Section 2.1, indicating that ECA T reserves the right to regulate or reject the display and advertising of any ground transportation. In addition, there is also a section that says concessionaires shall obtain permission prior to installing any public service announcement or other display. Jack Ingstad, County Administrator, asked Ms. Mauriello about one of the amendments which related to the exclusion of car advertising at the terminal, and he suggested that this amendment be included in this agreement to avoid conflicts in the future. Ms. Mauriello stated that this change would be acceptable to Tiga advertising. Commissioner Gallagher moved to approve the agreement between Tiga advertising and the Eagle County Air Terminal Corporation and authorize the Chairman to sign the agreement. Commissioner Stone seconded the motion. The vote was declared unanimous. Chairman Menconi asked about other business. Mr. Ingstad spoke about discussions with the major airlines for next year and told the Board he had received responses from United, Northwest, Continental and United Express, indicating that they intend to serve Eagle County for three years, expanding their one year lease agreements, which would reduce the premium the County currently charges those Airlines. He stated it also will allow them to take advantage of a $300,000.00 subsidy that will be calculated in the formula. The individuals from U.S. Air have contacted him and are inquiring about serving the County on a one year lease. He stated they are loading flights tonight for weekend service from Philadelphia and Charlotte. He expects that there will be an agreement with these airlines within the next few weeks. He stated there is no more counter space at the terminal and it is hoped that US Air could work out an agreement with American Airlines or one of the other carriers to use counter space. If they do provide counter space they will just be responsible for the common area lease. Commissioner Gallagher asked if there were any other ideas for increasing counter space. Mr. Ingstad preferred not to remodel based on the fact that it would only be a one year lease for this airline. However he stated he has related to U.S. Air the Board will find them a home at the Eagle County Airport if necessary. A representative from Mesa Airlines suggested a que system, where all airlines share the same counter space. There are other ideas out there in the industry that have not been closely reviewed. He stated the issue is that US Air's schedule is similar to other airlines. It appears they all seem to arrive at about the same time. Commissioner Stone asked if there would be any signing changes and ifthere is room on the SIgnS. Ovid Seifers, Operations Manager, stated that there is room on the existing signs to include US Air. He stated US Air will add a sign on the terminal building the same as the other carriers. The County will change the sign on the road. Mr. Ingstad stated that this is an issue with the other airlines as to how much real estate do they want to give US Air. Some of the airlines do not have any interest in giving up any oftheir space or 4 August 26, 2003 advertising. Commissioner Menconi asked if there was further business for the Eagle County Air Terminal Corporation. There was none. Commissioner Stone moved to adjourn as the Eagle County Air Terminal Authority and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Tavolaccio, Inc. Tavolaccio Restaurant This is a renewal of a hotel & restaurant license. This establishment is located on Edwards Village Blvd, across the street from Gore Range Brewery. There have been no complaints or disturbances during the past year. B) CNSC, Inc. Main Street Grill This is a renewal of a hotel & restaurant license. This establishment is located in Riverwalk in the 1 st & Main Building in Edwards. There have been no complaints or disturbances during the past year. C) Kotobuki, Inc. Sushi Ya Go Go This is a renewal of a hotel & restaurant license. This establishment is located along Highway 82 and EI Jebel Road in Ed Jebel. There has been no complaints or disturbances during the past year. Commissioner Menconi moved to approve the Liquor License Consent Agenda for August 26, 2003, as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Other Chairman Gallagher asked for the Board's approval for signing Intergovernmental Agreements for the coordinated November Election. There are eight other entities. Teak Simonton, Eagle County Clerk & Recorder, stated the Intergovernmental Agreements were approved previously and have now been signed by several of the participating subdivisions. She requested the Chairman's signature. Commissioner Menconi moved to authorize the Chairman to sign the Intergovernmental Agreements with the eight other entities for the November coordinated election. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi asked whether the work session that is scheduled next could be conducted in the Eagle County room rather than the Garden level classroom. Commissioner Stone stated that the garden level classroom is less formal but in this situation he didn't feel it was necessary. 5 August 26, 2003 It was agreed that the work session would be held in the Eagle County room. PR-00022, Berry Creek Tract C, Recreation Site Joseph Forinash, Planner, presented file PR-00022, Berry Creek, Tract C, Recreation Parcel. He stated the applicant is requesting this matter be tabled to September 9, 2003. He stated the Planning Commission was due to hear this matter last week but it was tabled to allow revisions to be made. Commissioner Stone moved to table file number PR-00022, Berry Creek, Tract C, Recreation Parcel to September 9,2003, at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. 5MB-00308, Highland Meadows, Filing 2, Lot 15 Joseph Forinash presented file number 5MB-00308, Highland Meadows, Filing 2, Lot 15. He stated this was a minor subdivision to subdivide Lot 15, Highland Meadows Subdivision, Filing 2, into two lots, each of which may have one single family dwelling. This lot, in its current configuration, was originally intended to accommodate a duplex structure. The existing zoning allows single-family residences as a use by right and the existing lot contains sufficient area to satisfy minimum lot size requirements for two separate single-family residential lots. Pursuant to Section 5-290.G.2. of the Eagle County Land Use Regulations the Community Development Director has determined the following in the review of this Type B Minor Subdivision: a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be subdivided IS adequate; b. Conformance with Final Plat Requirements. The subdivision IS in conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. Improvements Agreements. A Subdivision Improvements Agreement is NOT applicable to this application. Note: Notices have been mailed to Elie and Heidi Ouaknine, A. Luc Pols, Chizmadia Family Partnership LLP, James and Bonnie D' Aquila, Antonio Roig Ferre, Phillipe and Ellyn Courtois, James and Kathleen Mestl, Richard Young, and Phillip and Pamela Ruschmeyer. A letter from Richard Rosen, Esq., representing James and Kathleen Mestl, objecting to the proposed subdivision, has been received and is attached. Mr. Forinash stated the applicant is requesting a tabling to September 16,2003. He stated the County Engineer did visit the site but is currently working with the applicants Engineer concerning additional questions after the site visit. Commissioner Menconi moved the Board table File No. 5MB-00308, Highland Meadows, Filing 2, Lot 15, to September 16, 2003, at the applicant's request. Commissioner Stone seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until September 2,2003. .. _I 11~~':~;~~:~}-"~~.'<~:-\~, o(!" . z.~ ~ _;\~r;,; 'l :..~ ~ '-' f \W;l'/j"f). J '"" .'" \ ,,\.,. ~0!V* d- 00'0.>00 Attest: ~ v " Clerk to the Boar 6 August 26, 2003