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HomeMy WebLinkAboutMinutes 06/26/97 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEl'S 387869 SPECIAL MEETING JUNE 26, 1997 Present: Johnnette Phillips James E. Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: George "Bud" Gates Commissioner IntergovernnBentali\greenBent Chairman Phillips called the meeting to order stating the first item on the agenda was consideration of approval ofthe First Amended and Restated Intergovernmental Agreement between Pitkin County, Eagle County, City of Glenwood Springs, City of Aspen, Town of Carbondale, Town of Basalt, and the Town ofSnowmass Village, concerning the purchase and public ownership of the Aspen Branch of the Denver and Rio Grande Western Railroad Right-of-Way. George Roussos, County Engineer, explained the purpose of to day's meeting. He explained the processes they have gone through thus far and the grant applications necessary to bring this project to fruition. Jim Fritze, County Attorney, stated he believes this agreement is not perfect and has the County taking more risk than usual. The possible benefits, however, out weigh those concerns at this point in time. Mr. Fritze stated there are many hours of work into this project with the contracted attorney spending more than 1500 hours. Mr. Fritze stated they may not have gotten all that they wanted as a County, but they are getting a great deal in return. He stated under the circumstances this is probably the best agreement they could negotiate and they may not have another opportunity. Commissioner Johnson suggested there are a couple of areas he thinks need to be reworked. On page six, section six, under management of property, subparagraph B, IX, regarding anticipated contract costs he questioned the statement and suggested it be reworked after this is finished. Under section eleven, where it talks about governmental entities withdrawing, it suggests if two members drop out the quorum reduces to three. He believes that should be reworked. He also questioned the agreement made between Eagle County and Pitkin County in January where there was a April 15, 1997 deadline. Mr. Fritze stated that has already been amended. Tom Newland, Assistant Pitkin County Attorney, stated he will note that and the other amendments. Mr. Fritze stated the provision regarding staff is a carryover from the original agreement. He suggested that will need to be changed in the future. Commissioner Johnson stated there may be some individuals that will look for a loop hole to challenge this. Mr. Newland stated although it does say you can't have staff, it does say you can contract for services. Commissioner Johnson stated because this is going to be a long term commitment, it may be worth while to have someone on staff. Chairman Phillips asked about the agreement to share expenses and why Carbondale is still listed. Mr. Roussos stated Carbondale is still in, it's Garfield County that is not. Mr. Fritze stated Carbondale agreed to stay in when they got the right to veto. Commissioner Johnson moved to approve the Intergovernmental Agreement between Eagle County, Pitkin County, City of Glenwood Springs, City of Aspen, Town of Carbondale, Town of Basalt and the Town of Snowmass Village, concerning the purchase and public ownership of the Aspen Branch of the Denver and Rio Grande Western Railroad right-of-way. Chairman Phillips seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Commissioner Gates was not present for the meeting. There being no further business to be brought before the Board t -- Attest: Clerk to the Boa d