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.
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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.
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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
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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
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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.
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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. ..
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August 26, 2003