HomeMy WebLinkAboutMinutes 05/24/11 PUBLIC HEARING
May 24, 2011
Present: Jon Stavney Chairman
Peter Runyon Commissioner
Sara Fisher Commissioner
Tom Johnson Acting County Manager
Bryan Treu County Attorney
Teak Simonton Clerk to the Board
Absent: Keith Montag County Manager
This being a scheduled Public Hearing, the following items were presented to the Board of County
Commissioners for their consideration:
Consent Agenda
Chairman Stavney stated the first item before the Board was the Consent Agenda as follows:
A. Approval of Bill Paying for the Week of May 23, 2011 (subject to review by the Finance Director)
Finance Department Representative
B. Approval of Payroll for June 2, 2011 (subject to review by the Finance Director)
Finance Department Representative
C. Agreement between Eagle County and Ace Equipment & Supply Company for Rotary Lift Refurbishment
Harry Taylor, Fleet Services
D. Agreement between Eagle County and Performance Systems Development for Data Management,
Reporting and Web Portal System for Tri- county Energy Smart Program
Adam Palmer, Planning
E. Minor Type `B' Subdivision / McCoy Creek Cabins PUD Final Plat, Cabin Creek Lane. The intent of this
Minor Type B Subdivision is to subdivide Lot 1 to create two cluster home lots, (Eagle County File No.
SMB -3264)
Scot Hunn, Planning Department
Chairman Stavney asked the Attorney's Office if there were any changes to the C onsent Agenda.
Bryan Treu, County Attorney stated there were no changes or revisions.
Commissioner Runyon moved to approve the Consent Agenda, Items A -E.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Citizen Input
Chairman Stavney opened and closed citizen Input, as there was none.
Adam Palmer spoke about the contract agreement with Performance Systems Development. They would
build the Home Energy Management System and provide energy action plans for consumers. Pitkin County has
done 60 assessments, Gunnison has done 58 and Eagle County has done 30. 70 homes were on the waiting list.
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Commissioner Runyon asked about the energy assessment and whether it could be performed when the
weather was warm rather than when the weather were cold.
Mr. Palmer explained that there was a blow test, which created a vacuum simulating wind outside the
home. The temperature issue was a problem during the summer and the assessment was less effective.
Chairman Stavney stated that the air test was only part of the testing.
Mr. Palmer stated that they also tested the furnace or boiler efficiency, test for mold and other issues related
to occupant safety. During a recent assessment of a Sunridge unit, they determined many suggested fixes for the
property to save 30 -50% of the energy use.
Commissioner Stavney moved to adjourn as the Board of County Commissioners and re- convene as the
Eagle County Liquor Licensing Authority.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
APPLICANT: Eagle County Government
REQUEST: Special Events Permits
EVENT: Eagle County Fair and Rodeo
EVENT DATE(S): July 23, 27, 28, 29 and 30 2011 12 p.m. — 12 a.m.
REPRESENTATIVE: Brad Higgins, Event Manager
LOCATION: Eagle County Fairgrounds - 0426 Fairgrounds Road, Eagle - CO
STAFF REPRESENTATIVE: Kathy Scriver
DESCRIPTION:
The applicant has requested (5) permits for the 72n Annual Fair & Rodeo hosted by The Professional
Rodeo Cowboy Association (PRCA) and The Lane Frost Bull Riding Challenge. The event will take place at the
Eagle County Fairgrounds. The applicant wishes to license the entire fairground property excluding the Eagle
River Center. Citadel Security, a private security firm will monitor the venue during the event operating hours.
Petals & Pours, a professional bartending service will oversee alcohol service and sales.
STAFF FINDINGS:
1. This application is in order, all application requirements have been met, all necessary documents
have been received, and all fees have been paid.
2. Staff has had no problems in the past with events held by the applicant.
3. Public notice has been given by the posting of a sign in a conspicuous place on the premises on
May 13, 2011, 10 days prior to the hearing.
4. There have been no protests filed with the Clerk and Recorder's Office.
5. The applicant has provided an alcohol management plan and proof of server training.
STAFF RECOMMENDATION: All findings are positive and staff recommends approval.
DISCUSSION:
Ms. Scriver explained the request for a special event permit for the entire premises.
Chairman Stavney asked about the pedestrian bridge during the fishing for fun area and whether it would
be closed to the public.
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Mr. Higgins explained that the boat ramp would remain open during the event but there would be security
personnel on site. He provided the dates of the events.
Commissioner Fisher spoke about the Equine virus and the fact that the county was on standby currently to
see how things transpired with this issue.
Mr. Higgins stated that currently horses were off limits at the fairgrounds.
Commissioner Runyon move that the Local Licensing Authority approve the Special Event Permits for the
Eagle County Fair and Rodeo being held on July 23, 27, 28, 29 and 30 , 2011 from 12:00 pm until 12:00 am at the
Eagle County Fairgrounds.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
APPLICANT: Vail Valley Partnership
REQUEST: Special Event Permit
EVENT: Denver Post Ride the Rockies — Edwards Stop
DATE OF EVENT: Monday, June 13, 2011
REPRESENTATIVE: Laurie Asmussen, Event Manager
LOCATION: WECMRD Soccer Field — 0450 Miller Ranch Road, Edwards
STAFF REPRESENTATIVE: Kathy Scriver
CONCERNS / ISSUES: None
DESCRIPTION:
The applicant has requested a permit for the annual Ride the Rockies bicycle tour. This year, Edwards is
the third stop on the tour. The event will be held on Monday, June 13 from noon until 9 pm. There will be local
food vendors, entertainment, tour exhibitors, and a spectator gathering. Draft beer will be available for purchase.
Admission is free and the event will be open to the public. VVP TIPS certified staff members are overseeing the
beer sales. Citadel Security will be supervising the licensed premises.
STAFF FINDINGS:
1. This application is in order, all application requirements have been met, all necessary documents have been
received, and all fees have been paid.
2. Public notice has been given by the posting of a sign in a conspicuous place in both areas on May 13, 2011,
10 days prior to the hearing.
3. There have been no protests filed in the Clerk and Recorder's Office.
4. The applicant has provided an alcohol management plan and provide proof of server training.
DISCUSSION:
Ms. Scriver explained the event request.
Chairman Stavney spoke about the honor in having Ride the Rockies stopping in Eagle County.
Chris Romer stated that there would be upwards of over 3000 people stopping in Edwards.
Commissioner Fisher asked about the recycling efforts that would be in place. She hoped the county would
present itself in a thoughtful way.
Mr. Romer stated that the sponsors had strict green team requirements for each of the rest locations,
including the Edwards' stop.
Ms. Asmussen indicated that the Battle Mountain high school booster club would help with the recycling
efforts. The facilities department would help get the items up to the landfill.
Commissioner Runyon asked about the recycling efforts and requested that only "1" and "2" labeled items
be used now and in the future.
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Commissioner Fisher moved that the Local Liquor Licensing Authority approve the special event permit
for the Vail Valley Partnership event being held at the Edwards soccer field on June 13, 2011 from noon until 10:00
pm.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
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. The vote was declared unanimous.
Landfill Biomass Feasibility Study
Paul Spencer, Clean Energy Collective
Mr. Spencer spoke about the study related to the landfill biomass feasibility. This was done in cooperation
with Eagle and Pitkin County. He highlighted part of the 51 -page report. They analyzed supply trends and
dynamics.
Chairman Stavney spoke about other experts looking at the pine beetle lumber.
Mr. Spencer stated that there was sufficient biomass at the Eagle County landfill to support a combined
Heat and Power facility.
Ken Whitehead spoke about this facility.
Chairman Stavney stated that this technology had been proven.
Mr. Spencer spoke about other landfills doing this in the early 1990s. It was essentially burning trash. The
tonnage available to power the generator would continue to be available. The composition of the solid waste was
also sufficient to support the facility and finally the projected lifespan of the landfill will surpass the project time
horizon.
He spoke about the identified solution, which would consume 40,000 tons of feedstock per year and
operate 350 days a year. It would have a 2 -year construction timeline, with a 15 -20 year payback and have a 25 -30
year lifespan. The total project cost would be around $11,800,000 and would require 4 full time positions. It was a
large investment. He explained the feedstock supply, including trash, construction waste, woody wastes and used
tires. He also showed the net biomass volume scenarios.
Chairman Stavney stated that this included the existing amounts.
Mr. Spencer stated his projections only included what came through the gate at this point in time. If the
facility were larger, it would become more financially feasible sooner. He explained the benefits. The ash would
be 10% of the initial trash. It would reduce the landfill by about 30 %.
Commissioner Runyon asked for an explanation of the difference in volume.
Mr. Spencer stated that nothing metal could go into the system.
Ken Whitehead spoke about the ash and bypass that came out of the unit. When the unit did not operate,
the trash would need to go into the landfill. Typically, if there were 100 tons of garbage it was not unusual to end
up with 10 -15 tons of ash. There was a difference between volume and weight. The facility could extend the life
of the landfill to 150 years from now.
Commissioner Runyon asked about composting and separating this from the incineration. He wondered if
this would change the numbers.
Mr. Whitehead indicated that they were incompatible. He didn't think the volume was there as the same
product would be used for both.
Mr. Spencer stated that if composting were done it would compete with the feedstock.
Jennifer Schenk spoke about the fact that 30% of the waste stream from the household waste and stated that
she preferred turning this product into compost rather than burning it.
Mr. Spencer stated that only 1.2% of the heat produced would be used. This presented a challenge for the
system.
Chairman Stavney asked about the stream coming in and the fact that it would be similar to what is
currently coming in. The garbage, as in household trash, would need to be sorted.
Mr. Whitehead provided more detail about sorting.
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Commissioner Fisher spoke about the potential for more power with bringing in more bark - kill wood. She
wondered about burning plastics and the effect on air quality.
Mr. Spencer stated that they were controlled emissions and although there was not zero - emissions, it was
controlled. Less than 10% of the power being produced would fit the state of Colorado RPS standard.
Chairman Stavney clarified that this was only a feasibility study and not currently being considered as part
of the capital improvements funding. He spoke about diverting more into the recycling stream. The most that
could be hoped for is around 25 %.
Mr. Whitehead thought that 30% was a good aspirational percent.
Commissioner Fisher asked about the compost composition. She asked about diversion of the organic
materials in the household or at street side.
Mr. Whitehead stated that there were both values and costs. In the future, topsoil would be valued. There
were values on both sides; energy and topsoil. It was all about volume when there were competing interests.
Tom Johnson spoke about commodity prices and relative value.
Commissioner Fisher asked about the number of buildings that could use the energy created.
Mr. Spencer spoke about potential users of the energy.
Commissioner Runyon spoke about solar arrays.
Mr. Spencer asked about the cost of this type of energy producer. Solar arrays operated about 5 hours a
day, versus a biomass facility operating 24 hours a day.
Commissioner Runyon understood that the biomass facility was overall less expensive.
Mr. Spencer compared the two. He spoke about regulatory approval and renewable energy. This process
typically took about 6 -9 months. Power users and power purchase rates of .15 were high. If there were users found
for the heat, the power price would be closer to .09, making it more affordable. He explained the next steps. The
study was created from the governor's energy office grants being available. Next step possibilities included not
pursuing a landfill biomass facility at this time, or directing staff to conduct additional diligence and provide
recommendations.
Chairman Stavney spoke about beetle kill sources.
Mr. Spencer spoke about distance of the feedstock from the facility.
Chairman Stavney asked if anyone was present from the public who wished to speak. He thought
composting would provide a smaller capital investment.
Roger Packet spoke to the board. He wondered if any work had been done to identify a manufacturing
facility.
Commissioner Runyon thought the future possibilities were exciting.
Chairman Stavney asked what the cost was for the study.
Mr. Spencer stated that $15,000 went to the Ascendant Partners and he and Eagle County staff donated
their time.
Commissioner Fisher asked about the Town of Gypsum and their compost facility.
Mr. Palmer stated that he would follow up on that.
Eco -Build Land Use Regulation Amendment
Adam Palmer, Planning
Mr. Palmer presented the request for the amendment. He spoke about the ECO build program. The
discussion centered on the question of providing energy grant subsidies for solar farms outside of Eagle County for
properties within Eagle County.
Chairman Stavney spoke about the time when the program started.
Mr. Palmer spoke about the first question related to rebates and the question of whether a land use
amendment should allow these rebates to extend to Eagle County residents buying into renewable energy outside of
Eagle County. He wanted to focus on this issue today. He presented some details about the program background
and the possible land use regulation amendments.
Commissioner Runyon wondered about the Garfield County airport solar array.
Mr. Pahner spoke about Eco Build. He spoke about the fund for providing rebates and incentives.
Potential uses included funding staff, providing educational materials, building permit rebates and community
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grants. He spoke about the possible change to the criteria. He provided information about Eco Build supported
projects. He showed a chart indicating funding revenues and expenses. Current solar rebates were $1.00 per watt
and could be on or off site within Eagle County only. The current fund balance was around $41,000.00. He spoke
about the history of the amendment being considered. He spoke about openings on the ECO build committee. He
explained a situation where multiple owners purchased shares of a single larger system. He provided history of
community owned solar. He explained the out- of- county regulations. He spoke about the 858- kilowatt solar farm
being constructed in Garfield County next to the airport, which was near completion. Last November the board
directed staff to extend the solar rebates to community owned systems within the Holy Cross service territory. An
amendment to the land use regulations was required to allow ECO build rebates to support projects outside of Eagle
County. The ECO build committee met to discuss that concept and recommended against changing the regulations
to allow rebates for out of county projects. 8 reservations had been received for clean energy collective customers
buying into the Garfield solar farm who were Eagle County residents. They had also had some discussions with the
Sweetwater volunteer fire department regarding an eco -build application for a solar thermal system on their
building. The question was whether staff should implement a land use regulations amendment process. He
provided a rough draft of potential language for the amendment.
Eric Lundquist spoke about the land use regulations and the fact that he felt they were too restrictive and as
such, limiting benefits too many residents. He recommended taking future possibilities into consideration.
Megan Gilman spoke about the history of the recommended changes. The committee's position has
remained constant on the issue. There were portions of Eagle County that were not within Holy Cross energy
district. This presented some additional difficulty. The other reasoning from the committee was to promote energy
efficient jobs within Eagle County. She spoke about a beneficial cost situation related to other incentives provided
by Holy Cross.
Jennifer Schenk spoke about Holy Cross and solar farms. She was not sure where the line would be drawn
if the land use regulations were changed. She was concerned that the funds were not available to extend the rebate.
Commissioner Runyon spoke about the three goals; environmental soundness, help to citizens and
promoting local jobs. Conflict between these three was never anticipated.
Paul Spencer spoke to the question of local jobs.
Commissioner Runyon asked about solving this by swapping people to their home counties.
Mr. Spencer stated that in concept this was quite difficult. This had been considered, but it was not
possible with the current owners.
Eric Lundquist spoke about individuals receiving benefit.
Commissioner Runyon asked about solar arrays in other areas.
Mr. Spencer stated that their first preference was for the Wolcott Landfill, but due to regulations and BLM
issues, they had not been able to get approval.
Tom Johnson spoke about the BLM accepting a system that would support the landfill operations, but as
soon as it was a business model, supporting other areas it became a business venture for profit and it was looked at
differently. The BLM was a proponent of renewable energy but contractual operations were very different.
Mr. Spencer indicated that his operation could only do one project at a time and the next project might well
be in Eagle County. He spoke about the El Jebel facility, but it takes a long time to get through the studies and the
other preparations. He did not know the airport was available. They sat down with staff to look at other
possibilities. The current rebate helped 15% of county constituents. There was typically $100,000 in the budget for
rebates. There was a slowdown in home installations.
Ms. Gilman spoke about the law. The committee had a reservation because solar was under a private
agreement and was not open to other contractors or developers.
Mr. Spencer stated that the arrays are restricted to a single county unless the county is small.
Del Worley, CEO of Holy Cross -would like to see their customers get as many rebates as possible. It was
up to the county to determine the policy. They did not have an exclusivity agreement and wanted to make sure
their models were successful.
Chairman Stavney wondered if Holy Cross was directly seeking out properties.
Mr. Worley indicated that they had gone through two RFPs recently and there were a lot of people looking
for property.
Mr. Palmer presented some of the pros and cons of the amendment.
Chairman Stavney opened public comment.
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Roger Macke spoke as a property owner. He has no option other than a community array. He looked at
this as two issues. One was how to deal with land -use regulations going forward and there was direction for rebates
to be given for those buying into solar power. If the board did not change the regulations, he might have to pull out
of the cooperative. He was a retiree. The rebate available was an important part of his decision. He did not have
the option of putting solar on his roof.
Sarah Schlesinger wants rebates to include people using buy -ins outside of Eagle County.
Carey Roach spoke as a property owner. She was conscious of building her house as green as possible. As
a resident and homeowner, she would like the rebate to be available.
Michael Maurer spoke. His parents and brother lived here for many years. He believed this was the next
wave of solar. He doesn't believe in penalizing a new and inventive way of using solar power. The rebates should
be available to everyone whether they participate in community solar or put it on their home.
Jason Weingast spoke. He was a solar installer in Minturn and believed it was a great idea no matter where
it was located.
Eric Lundquist spoke about his residence and the lack of space for him to install solar. He would need to
install 18 — 28 panels to power his house and his vehicle. People were not considering what the future held for
renewable energy, but were only considering what was happening now.
John Spencer spoke to the board as a 38 -year resident. As an investment, he did not look to reach the
potential if he installed solar on his property. Every citizen had the opportunity to invest in solar energy, but a
community facility was much less expensive for most property owners. He believed it unfair to divide the county.
He did not believe the rebates should be limited to power produced only within Eagle County. He had been in
business in Eagle County for years and many of his employees came from other counties.
Paul Spencer added that the program had always been a first -come, first- served. They wanted the funds to
help as many people as possible whether that is home based, community based or otherwise.
Mr. Lundquist indicated that there were other opportunities to find funding. The incentive did mean a lot.
Commissioner Runyon spoke about local arrays and hoped that someday they would be. The goal of
having jobs in the county did not offset the more important goals of subsidizing renewable energy used by citizens
and in so doing helping the environment. He believed there would be more funding in the future. He encouraged
staff to get the landfill situation figured out. Federal bureaucracy standing in the way was annoying.
Commissioner Fisher spoke about land -use regulations being counter to the goal of renewable energies.
She felt it was appropriate to view the land -use regulations with a different standard. However, she wasn't .
committing to anything at this point. She spoke about the potential for the end of rebate funds being available. She
did not see taking money from the General Fund to continue the grogram.
Mr. Palmer spoke about the graduated offset payment schedule developed by Ms. Gilman. He requested
that this be codified in the regulations. They were in the process of development of the model re- building codes.
Commissioner Fisher wondered about renters moving,
Mr. Spencer stated that it could move with the person if they remained in the same district.
He indicated that they would help people find buyers.
Chairman Stavney asked about investment payback details. He wondered about market value.
Mr. Spencer indicated that market value could be a consideration depending on how costs had changed.
Chairman Stavney spoke about heading towards amending the land use code, but he wanted to stay with the
language that included "adjacent county" to keep the power in the region. He wanted to give direction to staff to
create the language to allow adjacent county purchases in community solar farms.
Commissioner Runyon agreed. He did not want to wait for a larger discussion.
Mr. Spencer wondered what he could tell people.
Chairman Stavney requested that Mr. Johnson work with the attorney's office to draft a resolution to
change the language in the land -use regulations as soon as possible.
Mr. Spencer requested being able to hold the reservations until the resolution was adopted.
Commissioner Runyon was unclear about how many dollars were earmarked and deferred it to the advisory
board.
Mr. Spencer stated that rebates do not go to the committee.
Ms. Gilman spoke about the larger community grants and believed there was still some play.
Chairman Stavney was more interested in larger commercial buildings which were high profile and more
people would see.
Jennifer Schenk asked if the board was only asking about section 4 -840 and specifically rebate availability.
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Mr. Palmer spoke about other cleanup and comprehensive approaches that would happen in a future work
session.
Work Sessions (recorded)
1. Eagle County Investment Advisor Presentation - Cutwater Asset,Management
Karen Sheaffer, Treasurer /Public Trustee
2. Board of Health
Rachel Oys, Health & Human Services
3. Board of Social Services - Early Head Start Program Updates and Training
Rachel Oys, Health & Human Services
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There being no further business before the • . 4, the meeting was adjourned until . y 31, 2011.
Attest: � _ice. " ,
Clerk to the Boa • * r• Cha n
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