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Minutes 07/28/09 PUBLIC HEARING July 28, 2009 Present: Sara Fisher Jon Stavney Keith Montag Bryan Treu Christina Hooper Robert Morris Kathy Scriver Chairman Commissioner County Manager County Attorney Assistant County Attorney Deputy County Attorney Deputy Clerk to the Board Absent: Peter Runyon Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none Consent Agenda Chairman Fisher stated the fIrst item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of July 27, 2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for July 30, 2009 (subject to review by the Finance Director) Finance Department Representative c. Final Settlement of Agreement between Eagle County and GMCO for the 2009 Chipseal Project Road & Bridge Representative D. Purchase of Services Contract Agreement State Funds for Senior Services Holly Kasper, Adult Services E. Resolution 2009-075 Extending for the Year 2009 the Time Provision for the County Board of Equalization to Conduct Hearings and Render Final Decisions County Attorney's Office Representative F. Minor Type B Subdivision / Willits Bend Building 4 (Eagle County File No 5MB-2282), The intent of this Minor Type B Subdivision is to subdivide Lot 8 into lots 8A and 8B for separate ownership of a duplex dwelling unit Adam Palmer, Community Dt(velopment G. Amended Final Plat / Eagle Vail Lot 47, Block 3, Filing 1 (Eagle County File No AFP-233 1). The intent of this Amended Final Plat is to merge two duplex lots into one single family home lot Adam Palmer, Community Development Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Christina Hooper, Assistant County Attorney stated that there were no concerns. 1 07/28/09 Commissioner Stavney moved to approve the Consent Agenda, Items A-G. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Rick and Kelly's, LLC d/b/a Rick and Kelly's #12-76825-0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Delta Whiskey, Inc. d/b/a Splendido at the Chateau #35-12299-0000 This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C CNSC, Inc. d/b/a Main Street Grill #14-39755-0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. Extended Family Stone, LLC d/b/a The French Press #40-42040-0000 This is a renewal of a Tavern License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. Edwards Liquor Mart, Inc. d/b/a Riverwalk Wine & Spirits #14-39755-0000 This is a renewal of a Retail Liquor Store License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. The applicant is also requesting a tasting permit to continue in-store tasting. Commissioner Stavney moved that the Board approve the Liquor Consent Agenda for July 28, 2009 consisting ofltems A-E. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. 2 07/28/09 Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Citizen Input Chairman Fisher opened and closed citizen input, as there was none. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Board of Equalization. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Board of Equalization A. Resolution 2009-076 Regarding Petitions to the Eagle County Board of Equalization Attorney's Office Representative Christina Hooper, Assistant County Attorney explained the process and stated that the resolution included "exhibit a" the recommendations ofthe hearing officers, Assessors Office and Attorney's Office. Letters would be sent to each taxpayer who has filed an appeal with the board's decision. Commissioner Stavney moved to approve the resolution regarding petitions to the Eagle County Board of Equalization. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Stavney moved to adjourn as the Eagle County Board of Equalization and re-convene as the Eagle County Board of County Commissioners. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Stone Creek Floodplain Letter of Map Revision (LOMR) Greg Schroeder, Engineering Department PROJECT DESCRIPTION BACKGROUND The Letter of Map Revision (LOMR) is a formal process per 44 CFR Ch. 1, Part 72 that allows FEMA's Flood Insurance Rate Maps (FIRM) to be revised. The LOMR effectively revises the affected FIRM. FEMA's process indicates that it will: 3 07/28/09 (1) Notify the requester and community within 60 days as to the adequacy of the submittal; ani (2) Provide to the requester and the community, within 90 days of receipt of adequate information and fee, a CLOMR, a LOMR, other written comment in response to the request, or preliminary copies of the revised FIRM panels, FBFM panels, and/or affected portions of the FIS report for review and comment. 2 All LOMR requests must be signed by the Community's Chief Executive Officer (CEO) that is designated by FEMA. Currently, Eagle County's CEO is Peter Runyon. This LOMR requests to revise Eagle County Unincorporated Areas FIRM maps 08037C065lD and 08037C0632D with effective dates of December 4,2007. PROJECT HISTORY In early 2008, several concerned citizens contacted the County for assistance with floodplain questions along Stone Creek. The original mapping effort for Stone Creek was performed in the early 1980's, and was not accurate in regards to the location of the Eagle-Vail Subdivision. Specifically, there are areas of Elk Lane, Deer Boulevard, and other areas that are shown to be within the regulatory floodplain. In these areas, the regulatory floodplain is completely outside of Stone Creek and Golf Club Creek. Because of these mapping inaccuracies, many residents were being assessed mandatory floodplain insurance by their lenders, as required under the National Flood Insurance Reform Act of 19943. This resulted in substantially large flood insurance premiums for an area that has a very low probably of flooding; much lower than properties located adjacent to waterways. LOMAs (Letter of Map Amendments) are a commonly used process to "remove" a structure from a SFHA (Special Flood Hazard Area, also referred to as the regulatory floodplain) if the structure owner believes there is an error or mapping issue with the SFHA. The preparation of a LOMA is detailed on FEMA's website here4. LOMAs are typically used for removing a single structure from the SFHA. Based upon the mapping inaccuracies, it was determined by FEMA that the appropriate method to correct the mapping inaccuracies would be the LOMR (Letter of Map Revision) process and that LOMAs would no longer be accepted. The LOMR process is much more involved, as it requires that the entire stream system be mapped and surveyed, the hydrology and hydraulics be studied, a numerical model be utilized to predict the proposed SFHA, proposed maps created, and then submitted. A partnering effort was brought to the attention of the EVMD and EVPOA where the funding of the project would be split between the following agencies: In October 2008 a floodplain mapping project was awarded to Matrix Design Group to remap Stone Creek in Eagle-Vail, and submit to FEMA a LOMR (Letter of Map Revision) to revise the inaccurate mapping along Stone Creek. The contract requires that the LOMR be approved no later than April 30, 2010. 4 07/28/09 STAFF REPORT FLOODPLAIN INFORMATION REPORT A floodplain information report was created for this project by the consultant. The report contains the LOMR request form, an introduction, flood history, hydrologic analysis, hydraulic analysis, floodplain boundary maps, photographs, references and other related items. The floodplain information report is available on the project website at http://www.stonecreekfloodplain.('[g. EXISTING CONDITIONS Exhibit A shows the location of the existing regulatory Special Flood Hazard Area (SFHA, also referred to as the "floodplain"). From inspection, one notices that the location of the current SFHA is, at places, several hundred feet away from the location of Stone Creek. In accordance with the National Flood Insurance Reform Act, structures within the SFHA must adhere to the requirements for having mandatory flood insurance if the mortgage is federally backed. The Engineering Department performed a GIS analysis and determined that approximately forty-cight (48) structures consisting of approximately one hundred eight (108) separate owners; many of which are multi-family, lie within the current SFHA. From inspection of the existing conditions, there are areas where the floodplain is several hundred feet away from the actual creek. Only about 20% of the actual creek is within the floodplain in the existing conditions. PROPOSED CONDITIONS Exhibit B shows the proposed conditions, including the proposed floodplain (Zone AE). Additionally, thcre is also a proposed "Shaded Zone X" shown. A similar GIS analysis indicates that approximately twelve (12) structures consisting of sixteen (16) owners are within the proposed floodplain. Approximately sixty-five (65) structures consisting of one-hundred twenty-one (121) owners are located within the Shaded Zone X. The Shaded Zone X consists of areas that are not rcgulatory; meaning that the mandatory flood insurance requirements do not apply to any type of Zone X delineation. Only the Zone A's and their derivatives (other zones beginning with "A", such as AE, AO, AH, etc.) are considered the floodplain areas. The Shaded Zone X does indicate the possibility of shallow flooding; that being flooding with depths of one foot (1 ') or less. SUMMARY OF EXISTING AND PROPOSED CONDITIONS The following table summarizes the existing (current FIRM) conditions and the proposed conditions. It should be noted that the values in the table have been developed using GIS analysis techniques and the accuracy cannot be guaranteed. Additionally, financial and mortgage institutions, flood hazard determination services, insurance enterprises and others assessing the zone of a given structure may have a different interpretation than shown in this table. Criteria Existin2 Proposed Structures within the Floodplain 48 12 Owners within the Floodplain 108 16 Structures within the Shaded Zone X 0* 65 Owners within the Shaded Zone X 0* 121 The floodplain is accurate in relation to the location No Yes of the stream The floodplain is accurate in relation to the actual No Yes field conditions 5 07/28/09 Criteria Existin2 Proposed The floodplain contains Base Flood Elevations (BFE) for accurately assessing the elevation of the No Yes floodplain * The Shaded Zone X does not exist on the Existing floodplain maps. COMMUNITY OUTREACH This project consists of a collaborative effort that fIrst began with the funding partners; and has continued throughout the course of the project. Many community members volunteered their time and offered valuable input to the project. A project website was created at http://www.stonecreekfloodplain.org allowing interested parties a way to actively seek current information. Over eighty (80) individuals have registered on the website, and are capable of receiving email updates when new content is added. A Steering Committee was formed consisting of approximately ten to twelve residents, county staff, and representatives from the EVMD and EVPOA. Two Steering Committee meetings were held in May 2009 to explain the process and seek input from the community. During these meetings, many options were explored. The proposed conditions as shown above represents the preferred outcome from the Steering Committee given the constraint to not seek any type of capital improvements to further lessen the impacts to the residents. Any future improvements project may always be initiated; this LOMR submission represents the conditions that would occur of the Eagle- Vail area were to be subject to a flooding event today. A Public Stakeholder Meeting was held on June 15, 2009, with over three-hundred fifty (350) letters mailed to all residents that were adjacent to the existing and proposed floodplains. The meeting was staffed by county staff, the consultant, and representatives from FEMA that answered attendants' questions. Approximately forty (40) people the meeting. Project updates were given to the EVPOA and EVMD on July 6th and 16th respectively. Further input from these groups suggested that another public Stakeholder Meeting will be scheduled in mid-September, preceded by affected owners receiving a letter describing the project and providing information about the upcoming meeting, the project website, and other resources. BOARD OF COUNTY COMMISSIONER OPTIONS Website 1. Approve the Stone Creek Floodplain LOMR without conditions, and direct Peter Runyon, Community CEO for Eagle County, to sign the LOMR; or 2. Approve the Stone Creek Floodplain LOMR with conditions, and direct Peter Runyon, Community CEO for Eagle County, to sign the LOMR; or 3. Deny the Stone Creek Floodplain LOMR; or 4. Table the Stone Creek Floodplain LOMR, to fully evaluate the request, and give specific direction to staff. SUGGESTED CONDITIONS There are no suggested conditions for this request; the Board may add conditions at their discretion. 6 07/28/09 DISCUSSION: Mr. Schroeder presented the history of the application and explained the existing conditions. The LOMR (letter of Map Amendments) effectively revised the affected FIRM (National Flood Insurance Reform Act of 1994). Because of the inaccuracies, many residents were being assessed mandatory floodplain insurance by their lenders. A consultant created a floodplain report. This document would be submitted to FEMA at that time they anticipated a 6-9 month period until the maps were revised. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney complimented Mr. Schroeder for handling the process well. Chairman Fisher moved to approve the Stone Creek Floodplain Letter of Map Revision (LOMR) without conditions and direct Commissioner Runyon, Community CEO to sing the LOMR. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Economic Stimulus Projects Update Tom Johnson, Public Works Mr. Montag stated that there were no new updates. Budget Update John Lewis, Finance Mr. Lewis presented the initial 2010 budget planning objectives. He stated that everyone was currently working on their budgets. New instructions were sent out to allow departments to export excel spreadsheets to the finance department. Sample spreadsheets were sent to assist in categorization of training, food, business trips, and other purchase services. Approximately 65% of the annual sales taxes had been received. May 2009 was down 24% from 2008. Sales taxes were projected to be at a decrease of 5%. However, money was set aside to cover any deficits in the general fund for 2009. He spoke about the economy and believed that things had not gotten worse. He presented the draft project to date of the general fund reserve analysis. The analysis indicated that the estimated decrease in budgeted permit revenue was confrrmed. Included in the report was a maintenance center adjustment from July 1 through the end ofthe year that would affect the general fund by $120,000. There may also be an additional $300,000 that ECO would need between now and the end of the year. He'd reduced the estimated needs down to $150,000. As of the end of the year, there would be over $12.5 million in the general fund, which was a surplus after the reserve of 6.6 million. He believed that the early planning done in 2009 had paid off. Chairman Fisher asked about ear making dollars for motor pool. Mr. Lewis stated that all the potential needs would be considered. He assured the board that there would be money available for the motor pool fund. Chairman Fisher thanked Mr. Lewis and his staff for their work on the budget. She believed it would be the most successful budget providing the appropriate services at the appropriate levels for the communities. Commissioner Stavney believed that adjustments made last year were holding water. He spoke about the ECO spending and the board's commitment to services. Commissioner Stavney moved to acljoum as the Eagle County Board of County Commissioners and re- convene as the Eagle County Board Air Terminal Corporation. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. 7 07/28/09 Eagle County Air Terminal Corporation County Attorney's Office Representative 1. Approval of minutes of June 2, 2009 board meeting Mr. Stavney moved to approve the minutes of June 2, 2009 board meeting minutes. Mr. Montag seconded the motion. The vote was declared unanimous. 2. Consideration for execution: Repair work and improvements to the terminal fire sprinklers agreement between Eagle County Air Terminal Corporation and Alliance Mechanical, Inc. Scope of work: InstaU eight expansion tanks Brian Schofield, ARFF Supervisor, stated that there were pressure issues because the existing expansion tanks were not rated properly. Mr. Stavney asked about the bid process. Mr. Schofield stated that he received 3 bids. Mr. Montag asked when the original system was installed. Mr. Schofield stated 1996. Ms. Fisher asked if monies were available in ECAT. Mr. Schofield confirmed that they were. Mr. Stavney moved to approve the agreement between ECAT and Alliance Mechanical, Inc. for the repair work and improvements to the terminal fire sprinklers. Mr. Montag seconded the motion. The vote was declared unanimous. 3. New Business Mr. Stavney asked for an update on the pay-for-parking. Mr. Schofield stated that the paid parking would not be installed this year. Commissioner Stavney moved to adjourn as the Eagle County Air Terminal Corporation and re-convene as the Eagle County Board of County Commissioners. Commissioner Montag seconded the motion. The vote was declared unanimous. Planning Files There were none. Attest: ~ Q TrDL.- Chairman There being no further business before t 8 07/28/09