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Minutes 08/17/10 PUBLIC HEARING August 17, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: 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 August 16, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for August 26, 2010 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes for the Board of County Commissioner Meetings for June 29, July 13, July 20 and July 27, 2010 Teak Simonton, Clerk & Recorder D. Agreement between Eagle County and Town of Vail for use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services Barry Smith, Emergency Management E. Agreement between Eagle County and Town of Eagle for use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services Barry Smith, Emergency Management F. Agreement between Eagle County and Town of Minturn for use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services Barry Smith, Emergency Management G. Agreement between Eagle County and Town of Avon for use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services Barry Smith, Emergency Management H. Agreement between Eagle County and Gypsum Fire District for use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services Barry Smith, Emergency Management I. Resolution 2010 -093 Regarding Final Release of Collateral and Termination of the Warranty Period of the Subdivision Improvements Agreement and Termination of the Warranty Period for Willow Creek Planned Unit Development, File No. PDF -00027 County Attorney's Office Representative J. Resolution 2010 -094 Appointing Arbitrators to Conduct Arbitration Hearings for Appeals from Decisions of the 2010 County Board of Equalization 1 08/17/2010 County Attorney's Office Representative K. Intergovernmental Agreement between Eagle County Public Health and Western Eagle County Ambulance District for Community Paramedic Program Anne Robinson, Health & Human Services L. Colorado Department of Public Health & Environment Contract Amendment for Task Order No. 3 of Master Contract for the Women Infants and Children Program Anne Robinson, Health & Human Services M. Second Amendment to Agreement between Eagle County and the Foundation of Trustees for The Family Learning Center Sherri Almond, Health & Human Services N. Resolution Authorizing Sara J. Fisher, Jon Stavney or Peter Runyon to Execute all Documents Associated with the Sale of 1050 West Beaver Creek Boulevard, Sunridge Unit #D204, Avon, Colorado Housing & Development Representative 0. Minor Type B Subdivision / Pointe at Edwards (Eagle County File No. SMB- 2855), The purpose of this Minor Type B Subdivision is to add additional lot to the approved subdivision through a resubdivision of Tract A and Lot 1 Sean Hanagan, Planning Chairman Fisher stated that item K would be pulled. Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that item N would not need to be approved. Commissioner Stavney moved to approve the Consent Agenda, Items A -O excepting items K and N. Commissioner Runyon seconded the motion. The vote was declared unanimous. Anne Robinson and Chris Montero spoke to the board about item K. Ms. Robinson described the program. They were looking to implement the program during the next week. Mr. Montero stated that they had representations from many countries. They were honored to have Chairman Fisher at the meeting. They had 90 participants. The IGA was approved by their board with the understanding that partnerships with public health and primary care givers were very important. Community paramedic is the idea of using paramedics in a community health setting. Paramedics can go into patient's homes during their down -times and help with transitions after surgeries for instance. Commissioner Stavney asked how the model was helpful to public health in terms of preventive health care and the dollars associated with the IGA. Ms. Robinson stated that there was no dollar amount tied to the agreement. The program was modeled half on direct medical care and half on preventative services. The program allows them to expand their capacity into the community without expanding the current staff levels and focus on preventative efforts. Mr. Montero stated that they intended to collect data and evaluate their effectiveness. Commissioner Runyon stated that he supported the program due to the utilization of resources to the benefit of the community. Commissioner Runyon moved to approve the Intergovernmental Agreement between Eagle County Public Health and Western Eagle County Ambulance District for Community Paramedic Program Commissioner Stavney seconded the motion. The vote was declared unanimous. 2 08/17/2010 Citizen Input Chairman Fisher opened and closed public input, as there was none. Planning Files ZS -2629 State Bridge Sean Hanagan, Planning NOTE: Tabled from 07/20/10. To be tabled to 09/14/10 ACTION: The purpose of this Special Use Permit is for a Resort Recreation Facility to allow the State Bridge property to regain its former use as a lodge and music event facility. The proposal is to maintain the historic use of the lodging component on the property including the existing nine cabins and six yurts and to establish a new outdoor concert/event venue in the general location of the previous lodge building which burned down in 2007. LOCATION: 127 Trough Road, Historic State Bridge Property Commissioner Runyon moved to table file ZS -2629 State Bridge until September 14, 2010. Commissioner Stavney seconded the motion. He wondered the reason for tabling and if the applicant would be prepared for the next date. Mr. Hanagan indicated that as long as the Planning Commission acted on the request in their next meeting the applicant should be ready. The vote was declared unanimous. 2010 Abstract of Assessment Assessor's Office Representative Mark Chapin explained the abstract. This report was prepared after the Eagle County board of appeals. Certifications had been sent to all of the tax entities. Commissioner Stavney asked about the backup. Chairman Fisher asked for more detail. Mr. Chapin stated that this serves as notification to the board the total tax numbers for property values. There has been a significant change due to the addition of about 60,000,000 of assessed value for new construction. Chairman Fisher stated that at re- assessment did not occur, but there had been 60,000,000 of new construction, less the abatement refunds approved. She wondered about the 2009 comparisons. Mr. Chapin stated that the total assessed has grown by 60,000,000. The total assessed valuation for Eagle County was $3,938,332,210 of that $306,694,760 was exempt or non - taxable. Commissioner Runyon asked how this figure was determined. Mr. Chapin stated that it was 7.96% for residential properties and all other properties were assessed at 29 %. The valuation was based on use, whether residential, agricultural, or commercial. Commissioner Runyon stated that the tax rate was based on the income generated from the property. Mr. Chapin stated that there was a difference between industrial and agricultural. Commissioner Stavney moved to approve the 2010 Abstract of Assessment and authorize the chairman to sign the abstract. Commissioner Runyon seconded the motion. The vote was declared unanimous. 3 08/17/2010 Agreement between Eagle County, Stratton Flats Homes LLC, and Colorado Business Bank regarding the Consent to Transfer Development Rights in the Stratton Flats Project County Attorney's Office Representative Bryan Treu explained the situation. Mr. Treu stated that the original agreement was with the county bringing 5.5 million to the investment and in return 2/3 of the project was deed restricted. Colorado Business Bank had a revolving loan and that loan was paid first and Eagle County's loan paid second. The developer could not sell the requisite number of units and ended up in default. The new developer would bring new money to finish infrastructure. The bank restructured the loan and forgave the default interest that had accrued. The change was the affordable housing component as with the new agreement it will be 1/3 rather than 2/3 workforce housing. They looked at the price points and homes on the free market are selling at the same price as the deed restricted units. Staff felt this represented the best deal to insure that the County recouped their investment. Brian Pauls provided some history of his firm and their other development properties. They believed in the market, work force housing, and maximizing value for themselves, the bank and for the county. Commissioner Runyon stated that it is 4.5 million and the county expected this money to be recouped if the project was successful. The original plan was to have them all prefab from Denver; however having them stick built on site would be better for the county. Mr. Pauls stated that they intended to stick build the homes. Commissioner Stavney asked about bulk sales. Mr. Pauls stated they did not intend to do this. Chairman Fisher opened public comment. She closed public comment, as there was none. Chairman Fisher stated that in the past, manufactured homes were deemed to be preferable due to their quick availability. When she was elected four years ago workforce housing was a critical issue. She believed this project could be successful for Gypsum and our community overall. She was grateful that a reputable developer carries this vision. Commissioner Runyon added that in late 2007 no one knew what was about to happen 9 months hence the decision may have been different. His issues with the project were based on other things than the potential risk of the investment. Chairman Fisher hoped for success with the new developer. They never expected to see a return on the investment until the project was complete. Mr. Pauls stated that activity could begin in the spring along with winter marketing. Chairman Fisher added that the developer would be able to market to the Home Store. As the market improves the county is likely to go back to the same type of building scenario of the past. Commissioner Stavney moved to approve the agreement between Eagle County, Stratton Flats Homes LLC, and Colorado Business Bank regarding the consent to transfer development rights in the Stratton Flats project. Commissioner Runyon seconded the motion. The vote was declared unanimous. Other Commissioner Stavney recognized his father in the audience. 4 08/17/2010 Future Meeting Agendas Mr. Montag spoke about an upcoming meeting with Kent Myers from the airport advisory group. Other community folks would be invited to the meeting next week. Ceil Folz would speak about the upcoming World Championships and their effect on the airport. There would also be a debriefing from Brad Higgins about the recent Fair and Rodeo. Commissioner Stavney spoke about the future of subsidies to the Rodeo, which had recently been about $200,000.00. Chairman Fisher spoke about some of the events at the Fair and Rodeo. There were world -class riders in attendance. Mr. Montag stated that the Road and Bridge department needed to know how to plan for the upcoming budget for this event. Mr. Montag stated that late Tuesday morning next week there would be a presentation related to the cost allocation plan. Commissioner Stavney spoke about the Eagle River Meadows meeting. Colorado Department of Transportation Countywide Meeting Dave Eller, Region 3 Transportation Director Doug Aden, State Transportation Commissioner This work session was recorded. Attorney Update Bryan Treu, County Attorney It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discussing matters that may be subject to negotiations regarding the Pace energy loan program and the airport lease which are appropriate topics for discussion pursuant to C.R.S, 24- 6- 402(4)(b) and (e), Colorado Revised Statutes. At the close of the discussion, it was moved, seconded, and unanimously agreed to adjourn from Executive Session and re- convene as the Board of County Commissioners. There being no further business befo > ., the meeting was adjourned until August 24, 2010. • . Attest: Clerk to the B •. rd Lo• Chairman 5 08/17/2010 i �. �:... :. >.. ..