HomeMy WebLinkAboutMinutes 03/30/04
PUBLIC HEARING
March 30, 2004
Present:
Tom Stone
Am Menconi
Jack Ingstad
Diane Mauriello
Earlene Roach
Chairman
Commissioner
County Administrator
County Attorney
Deputy Clerk to the Board
Absent:
Michael Gallagher
Commissioner
This being a scheduled Public Hearing the following items were presented to the Board of
County Commissioners for their consideration:
Executive Session
Chairman Stone stated the first matter before the Board was an Executive Session.
Commissioner Menconi moved to adjourn into an Executive Session for the purpose of receiving
legal advice concerning maintenance and dedication issues concerning Beard Creek Road, Compton
Family Trust boundary dispute, negotiations for the acquisition of water rights for the Tree Farm
property and discussion of cable franchise agreements and receiving legal advice concerning those
agreements all of which are appropriate topics for discussion pursuant to c.R.S. 24-6-402(4)(b) and (e).
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanimous. Commissioner Gallagher was not present at this hearing due to medical reasons.
At the close ofthe discussion, Commissioner Menconi moved to adjourn from Executive Session
and reconvene into the regular meeting.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanImous.
Consent Agenda
Chairman Stone stated the next matter before the Board was the Consent Agenda as follows:
A. Approval of Bill Paying for the week of March 29, 2004, subject to review by the
County Administrator
B. Approval of payroll for April 1, 2004, subject to review by the County Administrator
C. Approval of the minutes of the Board of County Commissioners meeting for March 9,
2004
D. Agreement between Eagle County and Grass Roots Aspen
E. Agreement between Eagle County and the Colorado Department of Public Health for
the Women, Infants and Children's (WIC) Program
F. Agreement for Professional Engineering Services at the Eagle County Regional
Airport between Eagle County and Carter Burgess
G. Bill of Sale - Water Main, between Eagle County and upper Eagle Regional Water
Authority, Tract C, Berry Creek / Miller Ranch.
Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda.
Diane Mauriello, County Attorney, requested item G, the Bill of Sale with Eagle Regional Water
Authority, be pulled and she will reschedule for another day.
Commissioner Menconi moved to approve the Consent Agenda as presented, pulling item G.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanImous.
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Plat and Resolution Signing
Chairman Stone stated there are no plats or resolutions for the Board's consideration today.
Bid Award
Brad Higgins, Road & Bridge Director, presented the bid award for two 2004, 4X4 Four Door
Utility Vehicle, Dodge Durango SLT , to Grand Junction Chrysler Jeep, Dodge, 2578 Hwy. 6 & 50,
Grand Junction, CO. These are assigned to certain departments. Also included in this bid package are
two Chevrolet Tahoe's that are for detectives at the Eagle County Sheriffs Office, Two Rivers
Chevrolet, 130 Center Drive, Glenwood Springs, CO.
Commissioner Menconi moved to approve the bid award as presented.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanimous.
Bid Award
Brad Higgins presented a bid award for 2004, Yz Ton 4X4 Pickup, Two Rivers Chevrolet, 130
Center Drive, Glenwood Springs, CO 81601. This is part of the regular replacement schedule for
certain departments.
Commissioner Menconi moved to approve the bid award as presented.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Bid Award
Brad Higgins presented a bid award for 2004, All Wheel Drive Mini Van, Two Rivers Chevrolet,
130 Center Drive, Glenwood Springs, CO 81601. This vehicle is used by the Sheriff s Office.
Commissioner Menconi moved to approve the bid award as presented.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Bid Award
Brad Higgins presented a bid award for 2004, 4X4 Four Door Utility Vehicle w/Police Package,
and (3) Tahoe SSV, Two Rivers Chevrolet, 130 Center Drive, Glenwood Springs, CO 81601. He stated
these are the replacements of the Durangos for the Sheriffs Office. He stated the bid came in at
$28,000.00 and he only had $25,500.00 in the budget. He stated the total of the budget amount for
vehicles is $549,000.00 and with the bids today $322,000.00 has been committed.
Chairman Stone asked ifthere was an effort by the Sheriffs Office to change over to Tahoes.
Ken Wilson, Captain, Eagle County Sheriffs Office, answered yes. He stated they are trying to
clean up their fleet and get it standardized. He stated he has done some research and the deputies seem
to like the Tahoes better.
Chairman Stone stated the Tahoes came in over the budgeted amount but are still within the
overall budget.
Mr. Higgins stated that was correct.
Commissioner Menconi moved to approve the bid award as presented.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanImous.
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Bid Award
Brad Higgins presented a bid award for the 2004, Four Door Sedans w/Police Package, Two
Rivers Chevrolet, 130 Center Drive, Glenwood Springs, CO 81601. He stated these are the normal
replacements for the Sheriff s Office.
Commissioner Menconi moved to approve the bid award as presented.
Chairman Stone seconded the motion. Ofthe two voting Commissioners the vote was declared
unammous.
Jack Ingstad, County Administrator, asked about the dollar amount for the mileage rate.
Mr. Higgins stated ifthe department goes from a car to an SUV the mileage costs go up.
Mr. Ingstad asked if the budget for mileage would have to be increased.
Mr. Higgins stated each department would have to revise their budget amounts.
Chairman Stone stated if they replace existing vehicles with more expensive vehicles, shouldn't
there be more funds in the mileage account to cover those costs.
Mr. Higgins stated there has always been enough money in the account to cover all costs,
including the additional costs.
Bid Award
Brad Higgins presented a bid award for a 2004, All Wheel Drive Full Size Passenger Van, Two
Rivers Chevrolet, 130 Center Drive, Glenwood Springs, CO 81601. He stated this will replace a
smaller van at the Sheriff s Office.
Captain Wilson stated they currently have two large vans and are changing to one full size and
one mIm van.
Commissioner Menconi moved to approve the bid award as presented.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Resolution 2004-040, Cable Television Agreements
Bryan Treu, Assistant County Attorney, presented Resolution 2004-040, approving the Cable
Television Agreement with Comcast of Colorado/Florida, Inc. and authorizing Tom C. Stone, Chairman
ofthe Board of County Commissioners, to execute the same. Resolution 2004-041, approving the Cable
Television Agreement with Comcast of Colorado VI, LLC and Comcast of Colorado VII, LLC and
authorizing Tom C. Stone, Chairman of the Board of County Commissioners, to execute the same.
Resolution 2004-042, approving the Cable Television Agreement with CenturyTe1 Televideo Inc. and
authorizing Tom C. Stone, Chairman ofthe Board of County Commissioners, to execute the same.
Mr. Treu stated present for this discussion is Tom Duchen, President of River Oaks
Communication and is the consultant for the County concerning these agreements. Also present for the
hearing is Jeff Dolan, Janet Rena1de and Jim Comenski, from Comcast, along with members from
Centurytel.
Tom Duchen stated they have been working on this for a period of many months. The agreement
with Comcast represents the cable system located in the Basalt area. There are between 800 and 1,000
subscribers. The two entities below that are Colorado 6 LLC and Comcast of Colorado 7 LLC,
represent the cable system in this part of the County. In total there are approximately 4,000 subscribers.
Centurytel is the entity that has approximately 200 subscribers in the County. The original system in the
Town of Eagle area was Com-Link or Ropir Cab1evision. That company was sold to Centurytel.
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Mr. Duchen stated in terms of the negotiation process, the agreements contain a host of issues,
customer service requirements, construction requirements and the provision of compensation to the
County.
Under the provision of the agreement it is typical for the cable television operators to charge
municipalities a franchise fee. It is compensation for use of the rights of ways. The current agreements
provide for a 5% agreement fee to be paid to the County for compensation of use. Additionally Capital
Equipment Grants are being provided by both Comcast and Centurytel. Many governmental entities
throughout the country have the capability to televise meetings and matters of interest to their
constituents. The Capital Equipment Grants are to be provided within 30 days from the date ofthese
agreements. The County can also obtain grants for replacement of equipment. A number of
governmental buildings will be hooked up at no charge. With respect to the system for this part ofthe
County, the cable companies will provide a channel for the County's use. If it is determined to have a
channel in the Basalt area, one will be provided within six months.
There are a multitude of uses of a channel; emergency and wildfire notification, public service
and community events notification, airport flight status, road conditions and closures, County services
information and local meeting broadcasts - ECTV.
Mr. Treu showed a video of the possibilities for a County channel.
Chairman Stone asked for public comment.
Jeff Dolan, Comcast, thanked Mr. Duchen and Mr. Treu for their help. He stated they were great
advocates for the County and great to work with.
Chairman Stone closed public comment.
Chairman Stone stated he appreciates the work that Mr. Treu and Mr. Duchen put into this
proj ect. He asked about the requirement for how the money can be spent.
Mr. Duchen stated there are two parts; the money that is brought in for equipment grants must be
utilized to purchase equipment and the agreement fees can be used for telecommunication purposes or
other purposes. While the municipalities are able to collect agreement fees, "fees on fees", those can be
utilized for any purpose the municipality deems appropriate.
Chairman Stone asked about additional charges from the municipalities.
Mr. Duchen stated these agreements only apply to unincorporated Eagle County. He stated the
initial monies from Comcast will be $85,000.00 and $3,400.00 from Centurytel. He stated the estimated
numbers for the future will be approximately $170,000 per year from Com-Cast and approximately
$4,500.00 per year from Centurytel.
Chairman Stone asked about the restrictions on what they can use the channel for.
Mr. Duchen stated the channels can be used for education and government. With respect of
commercialization of the channels, the County can receive funding in a PBS type format. Those types
of underwriting are used by some channels but the County cannot sell commercials.
Chairman Stone stated if there was a local special district that provides water and sewer, the
Board could use the channel to get the word out to conserve water.. They can only use the channel for
something that forms a public good.
Mr. Duchen stated that was correct.
Commissioner Menconi stated he has no comments.
Commissioner Menconi moved to approve Resolutions 2004-040, 2004-041 and 2004-042,
authorizing the Chairman to execute cable television agreement with Comcast of Colorado/Florida, Inc.,
Comcast of Colorado VI, LLC, Comcast of Colorado VII, LLC, and Centurytel Televideo, Inc.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanimous.
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Resolution 2004-043, Customer Service Standards
Mr. Duchen presented Resolution 2004-043, approving Customer Service Standards with respect
to cable systems and cable operators within unincorporated Eagle County. He stated under the Federal
law the County is entitled to adopt Customer Service Standards that provide parameters of Customer
Service Standards. Under Federal law those standards will become effective in 90 days. He thanked
Com cast and Centurytel for their help with these customer service standards.
Chairman Stone asked for public comment. There was none. He closed public comment.
Chairman Stone asked about the complaint department.
Mr. Treu stated they do not anticipate any complaints,
Chairman Stone stated it is good to have standards in place
Commissioner Menconi moved to approve Resolution 2004-043, adopting and approving
Customer Service Standards with respect to the cable systems and cable operators within unincorporated
Eagle County.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene
as the Local Liquor Licensing Authority.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Consent Agenda
Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows:
A) GEMSA Corporation
Cordillera Golf Club
This is a renewal of a hotel & restaurant license with optional premises. This
establishment is located along Clubhouse Drive in Cordillera in Edwards. There
have been no complaints or disturbances during the past year.
B) CVC Management LLC
The Chaparral
This is a renewal of a hotel & restaurant license with optional premises. This
establishment is located along Legends Drive in the Cordillera Valley Club
Subdivision. There have been no complaints or disturbances during the past year.
C) Duong, Inc.
Panda City
This is a renewal of a hotel & restaurant license. This establishment is located
along Main Street in the Riverwalk Center in Edwards. There have been no
complaints or disturbances during the past year.
D) Ti Amo, Inc.
Ristorante Ti Amo
This is a renewal of a hotel & restaurant license. This establishment is located
along Highway 6 in Eagle-Vail. There have been no complaints or disturbances
during the past year.
Commissioner Menconi moved to approve the Liquor License Consent Agenda for March 30,
2004, as presented.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
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Beaver Creek Resort Company
Earlene Roach presented an application for several special events permits for Beaver Creek
Resort Company. They are for May 29 & 30, 2004 from 10:00 a.m. to 8:00 p.m, June 12 & 13,2004
from 10:00 a.m. to 8:00 p.m., August 7 & 8, 2004 from 10:00 a.m. to 8:00 p.m. and September 4 & 5,
2004 from 10:00 a.m. to 8:00 p.m. She stated this application is in order and all fees have been paid.
Ms. Roach related this applicant holds several special event functions every year and there have been no
problems. Staff recommended approval.
Mike Kloser, Beaver Creek Resort Company, was present for the hearing. He explained the
events to the Board and related the security staff does the work and does it very well.
Commissioner Menconi moved the Board approve several special event permits for Beaver
Creek Resort Company for May 29 & 30, 2004 from 10:00 a.m. to 8:00 p.m, June 12 & 13,2004 from
10:00 a.m. to 8:00 p.m., August 7 & 8, 2004 from 10:00 a.m. to 8:00 p.m., and September 4 & 5, 2004
from 10:00 a.m. to 8:00 p.m.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
State Bridge Lodge
Earlene Roach presented a manager's registration for Scott Stoughton, Conway's State Bridge,
Inc., d/b/a State Bridge Lodge. She stated this application is in order and all fees have been paid. Staff
has no concerns with this application. Mr. Stoughton is reported to be of good moral character.
Gregg Conway, owner, and Scott Stoughton, manager, were present for the hearing.
Mr. Stoughton stated he has been in bar and restaurant business for the past 17 years. He
reviewed the states he has worked in, including Colorado for the past few years.
Chairman Stone asked about Mr. Stoughton's familiarity with the Colorado Liquor Code.
Mr. Stoughton stated he has worked in Colorado for the past ten years. During that time he has
scheduled events and worked as a bartender.
Chairman Stone stated Mr. Conway has done a great job in making sure the law is followed at
State Bridge Lodge. He stated the County does keep an eye out for how things are running.
Mr. Conway updated the Board concerning the barbed wire fence the owner across the river put
up to block people from accessing the river from the State Bridge Lodge side. He stated Union Pacific
Railroad will be sending a letter to that owner informing them that the fence must be removed.
Commissioner Menconi moved the Board approve a managers registration for Scott Stoughton,
Conway's State Bridge Inc., d/b/a State Bridge Lodge.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanImous.
Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and
reconvene as the Board of County Commissioners.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanImous.
Avon Center Homeowners Meeting
Diane Mauriello stated she is requesting the Board appoint Rich Cunningham as the Eagle
County Proxy to attend and vote at the annual meeting of the Avon Commercial Center Homeowners
meeting. She stated there are items of a budgetary nature that may require a vote from the County.
Commissioner Menconi moved to appoint Rich Cunningham as the Eagle County Proxy to
attend and vote at the annual meeting of the Avon Commercial Center Homeowners meeting.
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Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
ZS-00115 Destinations Development
Joe Forinash, Planner, presented file number ZS-00115, Destinations Development. He stated
the applicant is requesting this matter be tabled to April 27, 2004.
Commissioner Menconi moved to table file number ZS-00115, Destinations Development, to
April 27, 2004, at the applicant's request.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
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Attest:
Clerk to the Boar
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