The URL can be used to link to this page

Home My WebLink AboutMinutes 02/26/13 PUBLIC HEARING February 26, 2013 Present: Jon Stavney Chairman Sara Fisher Commissioner Jill Ryan Commissioner Keith Montag County Manager Beth Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Manager Update (recorded) Keith Montag, County Manager 1. Communications Update,Kris Friel 2. Information Sharing 3. Meetings Attended/Future Meetings 4. Discussion Items 5. Supplemental Budget,John Lewis 6. Current Planning Procedures, Bob Narracci Attorney Update (recorded) Bryan Treu, County Attorney A. Open Session B. Executive Session 1.Discussion of pay increases 2.Rothkopf Appeal of Denial of Petition to Exclude Property from Cordillera Metropolitan District Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of February 25 and March 4,2013 (subject to review by the Finance Director) John Lewis,Finance B. Approval of Payroll for March 7,2013, (Subject to Approval by the Finance Director) John Lewis,Finance C. Resolution 2013-019 Approving Appointments of Members to the Rural Resort Regional Workforce Investment Board Lucian Burt,Frisco Workforce Center D. Agreement between Eagle County and Eagle Valley Clean Energy,LLC for Ash Acceptance at the Eagle County Landfill Ken Whitehead, Solid Waste&Recycling 1 02/26/2013 E. Fourth Amendment to Master Agreement between Eagle County and KRW Consulting,Inc. for Professional Engineering Services Ken Whitehead, Solid Waste&Recycling Commissioner Ryan asked Ken Whitehead about the ash effect on the environment and why a 10 year contract. Mr.Whitehead stated that there should be no negative effects on the environment. The 10-year term was needed for financing. The agreement included terms that covered current and future state, federal and local regulations and permits. Commissioner Ryan 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. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Beaver Creek Food Service,Inc. d/b/a Broken Arrow Café #15-75032-0000 Renewal of a Hotel&Restaurant liquor license with 2-Opt.Premises in Edwards(Arrowhead). 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 and proof of server training has been provided. B. Harvey Wang,Inc.d/b/a Gobi Restaurant #42-96278-0000 Renewal of a Hotel&Restaurant liquor 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 and proof of server training has been provided. C. Pier 13 Liquor,Inc.d/b/a Pier 13 Liquors #15-37869-0000 Renewal of a Retail Liquor Store license in Avon(Eagle Vail).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 and proof of server training has been provided. D. Joy's Bella Mia,Inc.d/b/a Bella Mia #05-43100-0000 Renewal of a Hotel and Restaurant liquor license in El Jebel.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 and proof of server training has been provided. 2 02/26/2013 Other E. Ritz Carlton Hotel LLC and Bachelor Gulch Operating Company d/b/a Ritz Carlton Bachelor Gulch #41-17214-0000 Report of Change/Manager Registration The applicant wishes to register Luis Caicedo as the new manager,replacing John Cashion. Mr. Caicedo was reported to be of good moral character and has no criminal history based on his background record. F. Grille at Singletree,LLC d/b/a Balata #12-56479-0000 Report of Change/Manager Registration The applicant wishes to register Luke Callaghan as the new manager,replacing Yoon Chough. Mr. Callaghan was reported to be of good moral character and has no criminal history based on his background record. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for February 26, 2013 consisting of Items A-F. Commissioner Ryan seconded the motion. The vote was declared unanimous. APPLICANT: Eagle County Government REQUEST: Special Event Permit EVENT: Rocky Mountain Oyster Fry EVENT DATES: March 16,2013 REPRESENTATIVE: Trent Eichler, Event Manager LOCATION: Eagle River Center—0794 Fairgrounds Road,Eagle-CO STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None DESCRIPTION: The applicant has requested a permit for the Rocky Mountain Oyster Fry being held at the Eagle River Center on March 16, 3013 from 6:00 to 11:59 pm. Proceeds from the event would benefit the Eagle County 4-H Program and fund the following: 1. Two$1,500 4-H Scholarships 2. One$1,500 Greg Burton Memorial Scholarship 3. County Fair Grand Champion Awards Diamante security will oversee the venue. Beer,wine, and other malt beverages will be available for purchase. 4-H volunteers will be stationed at each entrance/exit and bartenders will be checking ID's and wrist banding those 21 years of age and older wishing to purchase alcohol. The applicant hopes to attract 500 attendees. 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 on the premises on February 15, 2013,at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 3 02/26/2013 4. The applicant has provided an alcohol management and notified the Eagle County Sheriff's Office. Proof of insurance and server training is still pending. DISCUSSION: Bill Kaufman spoke about the event. The event had not taken place for 4 or 5 years. The event would benefit 4 H participants. There would be catered food,music, cash bar,petting zoo and other family type events. Commissioner Fisher appreciated Mr. Kaufman stepping up as well as all the volunteers it would take to make it a successful event. Commissioner Ryan moved that the Local Licensing Authority approve the application for a Special Event Permit for the Rocky Mountain Oyster Fry being held on March 16, 2013 from*6:00 pm to 11:59 pm at the Eagle River Center. Commissioner Fisher seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and may not be the actual hours of the event. APPLICANT: Eagle Valley Religious Foundation REQUEST: Special Event Permit EVENT: Parisian Nights EVENT DATES: Saturday-March 16, 2013 REPRESENTATIVE: Jill Chalfant,Event Manager LOCATION: Edwards Interfaith Chapel and Community Center—32138 US Hwy 6— Edwards,CO STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None DESCRIPTION: The applicant has requested a permit for their second annual fundraising event being held at the Edwards Interfaith Chapel and Community Center on March 16, 3013 from 6:00 to 11:00 pm. The event will feature an evening of fine wine, spectacular food and music. Splendido Restaurant is catering the event. Gore Range Brewery was a sponsor,and would be staffing TIPS certified servers. The applicant hoped to attract 200 attendees. 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 on the premises on February 15,2013,at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management and notified the Eagle County Sheriff's Office. Proof of server training is still pending. DISCUSSION: Ms. Scriver presented the request. Ms. Chalfant stated that the event was for the Edwards Interfaith Chapel and Community Center and would benefit 7 different congregations that worshiped in the space on Sundays. The support had been tremendous. The event was huge last year. There would be live opera. 4 02/26/2013 Commissioner Fisher stated that the chapel was phase 1 and that the fundraising was essential for phase 2 and 3. Commissioner Fisher move that the Local Licensing Authority approve the application for a Special Event Permit for the Eagle Valley Religious Foundation event being held on March 16,2013 from*6:00 pm to 11:00 pm at the Edwards Interfaith Chapel and Community Center. Commissioner Ryan seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and may not be the actual hours of the event. Commissioner Ryan 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. Resolution 2013-020 Adopting a First Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2013 and Authorizing the Transfer of Budgeted and Appropriated Moneys between Various Spending Agencies John Lewis,Finance John Lewis presented the request. Ron Seibert was present to answer any questions regarding the CIP grants. This was the first supplemental request to the 2013 budget. There were a number of projects that were ongoing at the time the budget was approved,mid-December. There were reimbursement grants,which resulted in a few carry forward expenditures. The total request for appropriation was $18,825,332.00. The good news was that$9,141,645.00 was previously funded in 2012 and$7,491,562.00 included all new revenue. The new appropriations requested was a net increase to the fund balances of$55,967.00. The information would be available on the website. EAGLE COUNTY GOVERNMENT EXHIBIT A 2/26/2013 Department Description Amount GENERAL FUND Revenues: Reimbursement for Nottingham property (Open Space transfer) $1,555,956.00 EECBG Grant $15,925.00 Forest Health State grant $2,790.00 Safe Routes to School State grant $245,162.00 CDOT Enhancement grant-N El Jebel Intersection $559,901.00 Peg Restricted Balance $16,132.00 Unassigned Fund Bal-Previously Funded $75,655.00 Purchases Supplemental Contingency(Unassigned) $54,398.00 Unassigned Fund Balance-(increase) (1,555,956.00) Total Revenue $969,963.00 Expenditures: Energy Smart EECBG Grant-Energy Smart $15,925.00 Planning Forest Health expenses $2,790.00 5 02/26/2013 Engineering Safe Routes to School $245,162.00 Engineering North El Jebel intersection improvements $559,901.00 Public Comm EcoTV equipment $16,132.00 IT Airport Technology Micro-Grant $20,655.00 Attorney Legal services(cable franchise negotiations) $13,000.00 Sheriff Replacement vehicle for vehicle 8588 $42,000.00 Sheriff Fleet replacement&maint exp for new vehicle $3,953.00 Sheriff Fleet fuel expenses for new vehicle $6,062.00 Engineering Transportation Services(IMPTR) $4,669.00 IT Software as a Service $8,550.00 Treasurer Overtime for software conversion&tax deadlines $5,000.00 Sheriff Mobile Vision maintenance agreement $6,164.00 Comm Dev Edwards master planning project $20,000.00 Total Expenditures $969,963.00 ROAD AND BRIDGE FUND Federal Grant Revenue/CDOT-Burns Bridge $447,663.00 Transfer in from CIP Fund-Burns Bridge $262,500.00 Federal Grant Revenue/CDOT-Catamount Bridge $74,400.00 Federal Grant Revenue/CDOT-Catamount Bridge (new) 138,016.00 Transfer in from CIP Fund-Catamount Bridge $25,225.00 Federal Grant-Cedar Drive $1,170,000.00 Contributions-Cedar Drive LID $161,000.00 Assigned Fund Bal-Previously Funded Purchases $150,585.00 Assigned Fund Balance-increase (497,498.00) Total Revenue $2,131,891.00 Expenditures: Burns Bridge replacement $559,578.00 Catamount Bridge replacement $92,785.00 Catamount Bridge replacement $172,215.00 Cedar Drive LID $1,307,313.00 Total Expenditures $2,131,891.00 SOCIAL SERVICES FUND Public Assistance Local Grants Program $45,790.00 Public Assistance State Leap Allocation $2,408.00 Public Assistance 30%Reimb of ES temp wages $7,976.00 Gen Admin 30%Reimb of ES temp wages $4,487.00 Public Assistance HHS State grants programs $12,918.00 Assigned Fund Balance $40,922.00 Total Revenue $114,501.00 Expenditures: Public Assistance Salaries&Benefits $21,739.00 6 02/26/2013 Public Assistance Salaries&Benefits $1,348.00 Public Assistance Salaries&Benefits $315.00 Public Assistance Salaries&Benefits $130.00 Public Assistance Salaries&Benefits $708.00 Public Assistance Telephone $297.00 Public Assistance Other Printed Material $455.00 Public Assistance Travel $2,247.00 Public Assistance Fleet $12.00 Public Assistance Operating Supplies $2,776.00 Public Assistance IT Purchases $10,993.00 Public Assistance Program Supplies $470.00 Public Assistance Other Purchased Services $4,300.00 Public Assistance Tuition&Training $1,100.00 Public Assistance Other Printed Material $665.00 Public Assistance Leap contract expenses $12,084.00 Public Assistance AND Medical evaluations $400.00 Public Assistance Temporary staffing positions for ES $38,480.00 Public Assistance Temporary staffing positions for ES $2,386.00 Public Assistance Temporary staffing positions for ES $558.00 Public Assistance Temporary staffing positions for ES $120.00 Public Assistance Salaries&Benefits $8,695.00 Public Assistance Salaries&Benefits $540.00 Public Assistance Salaries&Benefits $125.00 Public Assistance Tuition&Training $99.00 Public Assistance Telephone $372.00 Public Assistance Business Trips $1,202.00 Public Assistance Operating Supplies $110.00 Public Assistance Office Supplies $75.00 Public Assistance IT Purchases $1,700.00 Total Expenditures $114,501.00 Offsite Improvement Fund Revenues: Contributions-Crown Mtn P&R District $50,000.00 Assigned Fund Bal-Previously Funded Purchases $498,876.00 Total Revenue $548,876.00 Expenditures: Valley Rd/El Jebel Intersection design $289,803.00 Dotsero Roundabout $259,073.00 $548,876.00 Conservation Trust Fund Revenues: Restricted Fund Bal-Previously Funded Purchases $80,050.00 Total Revenue $80,050.00 Expenditures: Gypsum to Dotsero Phase V(Trails) $80,050.00 $80,050.00 7 02/26/2013 EV Trails Fund Revenues: SIA Funds $15,000.00 State Grants(GOCO) $200,000.00 Assigned Fund Bal-Previously Funded Purchases $748,235.00 Total Revenue $963,235.00 Expenditures: Maintenance Grants $70,970.00 Gypsum to Dotsero Phase II&III $544,442.00 Avon to Eagle-Vail Phase I $263,109.00 Avon to Eagle Vail Phase II $18,305.00 Avon to Eagle-Vail Phase III $66,409.00 $963,235.00 EV Transportation Fund Revenues: Transfer in from CIP fund for Cash Counter $12,632.00 Total Revenue $12,632.00 Expenditures: Cash counting machine $12,632.00 $12,632.00 Transportation Capital Revenues: Assigned Fund Bal-Previously Funded Purchases $543,462.00 Total Revenue $543,462.00 Expenditures: Machinery&equipment General Capital $489,432.00 Heavy Trucks&vehicles Capital $54,030.00 $543,462.00 Airport Fund Revenues: FAA Grant-AIP 50-Apron Construction $1,243,534.00 State Grant-CDOT $202,632.00 Airport Entitlement-Master Plan $91,345.00 Assigned Fund Bal-Previously Funded Purchases $109,453.00 Assigned Fund Balance-(increase) $ (2,083.00) Total Revenue $1,644,881.00 8 02/26/2013 Expenditures: PM Airport AIP 50-Phase II-Apron Construction $1,282,987.00 Snow Plow Truck $272,632.00 Airport Master Plan $89,162.00 Crossmatch Maintenance $ (8,800.00) Crossmatch Fingerprint upgrade $8,900.00 Total Expenditures $1,644,881.00 Public Health Fund Revenues: Disease Prevention Co Rural Health State Grant $4,943.00 Disease Prevention Co Rural Health State Grant $9,433.00 PH Unallocated Health Assessment Grant $3,750.00 Healthy Aging Donations programs(COAW grant) $2,489.00 Committed Fund Bal-Previously Funded Purchases $82,099.00 Committed Fund Balance $8,900.00 Total Revenue $111,614.00 Expenditures: Disease Prevention Other Purchased Services projects $927.00 Disease Prevention Program Supplies projects $4,016.00 Disease Prevention Other Purchased Services projects $775.00 Disease Prevention Program Supplies projects $8,658.00 PH Unallocated Other Printed Material $3,750.00 PPP Southern Institute Contract $57,100.00 PPP NAP(New Access point-Application grant) $24,999.00 Healthy Aging Exercise contractor by COAW grant $1,050.00 Healthy Aging Operating supplies project(equip) $1,439.00 Healthy Aging Other Purchases services $3,900.00 Healthy Aging Program Supplies projects $1,000.00 Healthy Aging Umbrella insurance-Volunteers $1,000.00 Healthy Aging Contract $1,500.00 Healthy Aging Donation expenses-client services travel $1,500.00 Total Expenditures $111,614.00 HOUSING OPERATIONS FUND Revenues: Assigned Fund Balance $65,000.00 Total Revenue $65,000.00 Expenditures: Write off loan from 1401 - 1400-donation $65,000.00 Total Expenditures $65,000.00 Open Space Fund Revenues: GOCO Grant-Colorado River Ranch $2,500,000.00 9 02/26/2013 ERP Committed-Previously Funded Purchases $48,779.00 Assigned Fund Bal-Previously Funded Purchases $3,950,000.00 Assigned Fund Balance $1,205,956.00 Total Revenue $7,704,735.00 Expenditures: Reimburse General Fund for Nottingham property-transfer $1,555,956.00 PM ERP Land improvements $35,000.00 PM ERP Land improvements $(25,000.00) PM ERP Restroom $13,779.00 PM ERP Restroom $25,000.00 Heart of the Valley Land exchange $3,950,000.00 Minturn Boneyard contribution $1,960,000.00 PM Boat Ramp at Colorado River Ranch $50,000.00 PM Duck Pond site improvements $140,000.00 $7,704,735.00 Capital Improvement Fund Revenues: Federal Grant-Stone Creek Floodplain $180,000.00 Fema Federal pass-thru grant for ECO $100,000.00 Assigned Fund Bal-Previously Funded Purchases $2,873,230.00 Assigned Fund Balance $474,462.00 Total Revenue $3,627,692.00 Expenditures: Engineering Stone Creek Floodplain $19,877.00 Engineering Stone Creek Floodplain $180,000.00 Emerg Mgt EOC project $200,000.00 FM Matrix project $19,479.00 FM Howard Ditch Siphon replacement $23,213.00 PM Entran Settlement Expenses $143,095.00 PM Old Court House Roof replacement $92,000.00 PM Eagle Ballfield relocation $1,567,986.00 Engineering County Boundary Signs $17,000.00 Engineering Senior Center parking lot $20,815.00 Engineering Stone Creek sidewalk $25,000.00 Finance Transfer out for Burns Bridge replacement $262,500.00 Finance Transfers out for Catamount bridge replacement $225,225.00 Finance Transfer out to Open Space-ERP Committed FB $48,779.00 IT Treasurers software upgrade $93,934.00 IT SAN replacement $200,000.00 Sheriff Purchase of packset radio's $14,327.00 Finance Construction deposit contributed to asset $8,330.00 IT Redundant Wireless controller,IT Data Center $27,500.00 FM Replace bucking chutes at Fairgrounds $50,000.00 Sheriff Transfer to Fleet for UP-fit of patrol vehicles $143,000.00 Detention Safety padded cell $28,000.00 FM Facilities general capital $150,000.00 IT VoIP Server Infrastructure $20,000.00 10 02/26/2013 IT Core Network Switch $15,000.00 Transfer to ECO Transit for money counting ECO Transit machine $12,632.00 IT Miscellaneous Physical Services $20,000.00 Total Expenditures $3,627,692.00 Landfill Fund Revenues: Unrestricted Net Assets-Previously Funded Purchases $30,000.00 Unrestricted Net Assets $95,000.00 Total Revenue $125,000.00 Expenditures: Update D&O plan&vertical expansion $30,000.00 Waste tire&tree disposal/wood chip recycling $36,000.00 Contractor service for current wood pile $59,000.00 Total Expenditures $125,000.00 Fleet Fund Revenues: Transfer in from CIP for Sheriff Vehicle $143,000.00 Unrestricted Net Assets $38,800.00 Total Revenue $181,800.00 Expenditures: FM Stormwater plan for county facilities $1,500.00 FM Stormwater plan for county facilities $1,500.00 Market value increase of wages $10,979.00 Market value increase of wages $24,821.00 Upfit of patrol vehicles $143,000.00 Total Expenditures $181,800.00 SUMMARY All Funds Additional Revenue $7,491,562.00 Unassigned and Assigned Fund Bal(incl.Net Assets)-Previously Funded Purchases $8,979,496.00 Contingency Fund(Unassigned) $54,398.00 Unassigned and Assigned Fund Balance used for additional appropriations $(135,397.00) Committed Fund Balance-Previously Funded Purchases $82,099.00 Committed Fund Balance-used for additional appropriations $8,900.00 Restricted Fund Balance-Previously Funded $80,050.00 Restricted Fund Balance-used for additional appropriations $16,132.00 Transfers In $2,248,092.00 Total Appropriations $18,825,332.00 11 02/26/2013 SUMMARY Previously funded $9,141,645.00 New revenue $7,491,562.00 New appropriations $(55,967.00) Transfers $2,248,092.00 Total $18,825,332.00 Commissioner Fisher moved to approve a first supplementary budget and appropriation of unanticipated revenues for fiscal year 2013 and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. Commissioner Ryan seconded the motion. The vote was declared unanimous. Resolution 2013-021 Supporting the Grant Application for a Great Outdoors Colorado Local Parks and Outdoor Recreation Grant for Proposed Improvements to the Duck Pond Open Space in Eagle County Toby Sprunk, Open Space Mr. Sprunk stated that the parcel was between Gypsum and Dotsero on the Eagle River. The property included about 4,000 feet of river frontage. The proposed improvements to the property would include a picnic area,parking area and boat ramp. The grant application was due by March 6h. The money was in place for the balance. The Division of Wildlife's intent was to deepen the pond and introduce fish. He believed it was a 3-phase project. The grant was fairly competitive but he believed that the county had established a strong relationship and had a good chance. If the grant were not received,the county would still allocate$140,000 and reduce the scope of the project. Chairman Stavney opened and closed public comment, as there was none. Commissioner Ryan moved to approve the grant application for a Great Outdoors Colorado Local Parks and Outdoor Recreation Grant for the proposed improvements to the Duck Pond Open Space in Eagle County. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2013-022 for the Approval of the Use of Open Space Funds for Proposed Improvements for the Duck Pond Open Space in Eagle County Toby Sprunk, Open Space Commissioner Fisher moved to approve the use of Open Space funds for the proposed improvements for the Duck Pond Open Space in Eagle County. Commissioner Ryan seconded the motion. The vote was declared unanimous. Resolution 2013-023 Supporting the Grant Application for a Great Outdoors Colorado Open Space Grant for the Acquisition of the Horn Ranch Open Space in Eagle County Toby Sprunk and Kris Valdez, Open Space 12 02/26/2013 Mr. Sprunk presented a PowerPoint detailing the project. The land was north of I-70 would remain private but be protected by a conservation easement. The remainder of the property, including 1.5 miles of the Eagle River,would become Eagle County Open Space land. The purpose of the resolution was to merely ask for permission to submit a GOCO grant to help fund this effort.The project was still evolving. This was the first attempt for grant funds. Chairman Stavney noted that the conversion for the acquisition of the property first began between Commissioner Runyon and Magnus Lindholm a few years ago. He believed it was an exciting opportunity. This was the first pass at some outside funding. Mr. Sprunk stated that the owners were supportive of the county going to GOCO. He believed it was a unique property. Recreational access was key. There would be a management plan created that addressed habitat protection as well as recreational use. The property could be managed relatively easy. He showed photos of the property. There was 1.5 miles of the Eagle River frontage,which would become available for boating and fishing along the river. He was still in negotiations with the property owners. Chairman Stavney stated that the resolution supported the grant application and not an allocation of funds. Commissioner Ryan wondered if there any disadvantages to putting in two GOCO grant applications at the same time. Mr. Sprunk stated that the two applications being submitted were from two separate pots. He stated that a number of partners,Trout Unlimited,Eagle River Watershed Council, Eagle Valley Land Trust,Ducks Unlimited, Colorado Parks and Wildlife, Town of Gypsum, and American Rivers, supported both projects. Commissioner Fisher moved to approve the resolution supporting the grant application for a Great Outdoors Colorado Open Space Grant for the acquisition of the Horn Ranch Open Space in Eagle County. Commissioner Ryan seconded the motion. The vote was declared unanimous. Hearing on Appeal of Petition for Exclusion of Rothkopf GP Property from Cordillera Metropolitan District Beth Ayres-Oliver,Attorney's Office Chairman Stavney explained the purpose for the hearing. The Metro District's boundaries were established through the board of county commissioners statutorily. This was a case where a landowner within the district was requesting to be excluded from the district and the metro district rejected the request. The applicant had the opportunity to go to District Court if desired or necessary if not satisfied with the board's decision. Ms. Ayres-Oliver explained that the board could make the decision to grant the petition or deny it. Each side would have the opportunity to present their position. The factors that the board could consider were set forth in Section 32-1-501(3)of the Colorado State Statutes. Commissioner Fisher wondered if the district could appeal the decision of the board. Ms. Ayres-Oliver stated that it was her understanding that either side could appeal. Dick Rothkopf stated that he'd lived in the valley for about 20 years and on this particular property for 5 years. This was an issue about money, logic and equity. He was requesting what he believed to be an equitable request. He presented a photo of his property from his front porch. His property was very isolated. Of the $69,000.00 in taxes he paid per year, $32,000 went to the district. On average,the other homeowners paid $8,000, which left him paying$24,000 more than the others.He was a member of the Cordillera Property Owners Association and paid their assessments every year as well. The history of the southern parcel supported the exclusion of the property. He designed,built and maintained the access road at his own expense.The financial impact on the other homeowners was from his point of view,very minor. The issue was that he paid substantially more and got almost nothing. What he did receive he'd paid for himself. He was paying for basically non-existent services. He believed the exclusion of his property would have little effect on the mill levies. Alan Pogue, general counsel to the Cordillera Metropolitan District explained that government services where not always equal. The property had been included since the district was formed. The road that Mr. Rothkopf constructed at his expense was the driveway to his home. Water service was provided no differently from services to the other homes in the community. Sewer and water lines were the responsibility of the homeowners. The district also owned a significant amount of open space that was available to everyone living in the community.All 13 02/26/2013 the landscaping had been paid for by the district and was a benefit to the petitioner. There was some value to being part of the Cordillera community and everyone in the community should pay for that. As for the taxes spent by the petitioner, if the property were to be excluded there would still be a$16,000 a year tax obligation until all the outstanding debt was paid. The statutory criteria were analyzed by the district and they concluded that the best interest of the property was to remain in the district as the district would continue to provide certain services. The petitioner paid significantly more in real property taxes because of the value of the home. The Service Plan was approved by the county commissioners to provide municipal services and was the only entity in the area providing services. Commissioner Fisher asked about the intent of the property initially. Mr. Pogue stated that the prior owner of the property proposed a large-scale development. There was opposition to develop the property from the community and it was down-zoned. Commissioner Ryan asked Mr.Rothkopf about the size and value of the property. Mr.Rothkopf stated that it was 140 acres but he donated a large portion to the Cordillera Metro District. Mr. Pogue stated that if the property were excluded it would require a request from the fire department and/or the ambulance district or there would need to be some sort of mutual aid agreement. Commissioner Fisher spoke about the property value and the decline in value. She wondered if the taxes had been adjusted accordingly to meet a budget goal. Mr.Pogue stated that the mill levy was adjusted annually. Mr.Rothkopf stated that he was an active part of the community. He was a member of the Cordillera Homeowner's Association and paid into that as well.As far as the water line,he ran it at his own expense. If the exclusion were granted,he would continue to pay the bonded indebtedness but would not be responsible for any new indebtedness. Brian Bevin, attorney for Mr. Rothkopf explain that he understood that tax regarding government entities did not mean equal services for all but did mean some services for property owners. The infrastructure would continue because Mr.Rothkopf was still obligated to pay$16,000 a year. Mr. Wilson stated that all members of the HOA were members of the Metro District. The HOA would have to make a determination on whether Mr.Rothkopf could remain a member of the HOA if his property were excluded. Ms. Ayres-Oliver stated that the board could engage in some discussion about the 8 statutory factors,table the file or move forward and follow it up with a detailed resolution. Commissioner Ryan stated that there were services that Mr.Rothkopf was not benefiting from based on the location of his property. She believed there was an inequitable disparity. This was a special case. She did not believe it would be a hardship to levy the additional cost on the other property owners. As there was no response by any of the other property owners, she favored exclusion. Commissioner Fisher stated that given that the board was required to focus on the property itself and the property owner in good faith tried to address the issues, it was her feeling that the services being provided were not adequate and would vote to remove the property from the district. Chairman Stavney believed there was an inequity. It was difficult to see that the property owner was receiving the same services as the other property owners. It was a compelling case for exclusion. He directed staff to draft a resolution. Commissioner Ryan stated that having considered the factors and reviewing the petition and all relevant information moved that the property be excluded from the Cordillera Metropolitan District. Chairman Stavney believed this was a unique situation. Commissioner Fisher seconded the motion.The vote was declared unanimous. 14 02/26/2013 Engineering Department Updates (recorded) Eva Wilson, Engineering A. CDOT Partnering Request: $350K for US6 Shoulder Addition B. CDOT Partnering-Responsible Acceleration of Maintenance and Partnership: Airport Interchange Project C. Valley Road Realignment D. County Boundary Signs E. Edwards Rest Area Relocation Effort There being no further business before r. :• meeti• - . adjourned u .,t March 12, 2013. • it *kW' ir 11r. ,� �� Attest: Clerk to the Board ' -41.114: Cha �1\M' 15 02/26/2013