HomeMy WebLinkAboutMinutes 03/25/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
MARCH 25, 1996
Present: George "Bud" Gates
Johnnette Phillips
James Johnson, Jr.
Sara J. Fisher
Chairman
Corrmissioner
Corrmissioner
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 Calendar
Chairman Gates stated the first item on the agenda was the consent
calendar as follows:
A) Bill paying for week of March 25, 1996
B) Payroll for March 28, 1996
C) Intergovernmental Agreement between Eagle County and Garfield
County regarding administration of the Section 8 Housing Program
D) Intergovernmental Agreement between Eagle County and Vail Valley
Consolidated Water District.
Commissioner Johnson asked that item D be pulled for discussion
Corrmissioner Johnson moved to approve the consent calendar consisting
of items A, B, and C.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Corrmissioner Johnson stated he questioned where 66% comes from.
Tom Braun, representing Vail Valley Consolidated Water District, stated
this was generated by looking at the site. If they have six units, no more
than two would be used for free market units. The profit from those sales
will reduce the costs of the rental units. They are working with the Town of
Vail on an agreement in which the Town will be a limited partner using their
land. There would be no more than 25% of the entire total for free market.
The Town would administer the restrictions in the same way as Vail Commons.
Mr. Braun stated if the numbers come in right, the District won't have to
have free market units. Mr. Bruan submitted a letter from the Town stating
their support.
Commissioner Johnson asked if Mr. Braun received the letter from the
Potato Patch resident. He read the letter into the record and offered a copy
to Mr. Braun.
Corrmissioner Johnson moved to approve item D of the Consent Calendar.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-26
Allen Sartin, Finance Director, presented Resolution 96-26, adopting a
supplementary budget and appropriation of unanticipated revenues for fiscal
year 1996, and authorizing the transfer of budgeted and appropriated monies
between various spending agencies. Mr. Sartin explained the amount and
indicated it would be an adjustment of approximately 3.2 million dollars.
Corrmissioner Johnson asked about the $17,000 for library parking. How
much is the library district doing.
Jim Fritze, County Attorney, explained at the time this building was
built they were obligated to share in some of the improvements to parking
around the park. They were released from the obligation on motor I;>ool
parking by makin;J this contribution to other parking within the nelghborhood.
The library parklng is their concern and expense.
Commissioner Johnson asked about the GPS Server.
Mr. Sartin responded it is in this case, the general purpose system for
the three offices on ECS.
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Corrmissioner Phillips moved to approve Resolution 96-26, adopting a
supplementary budget and appropriation of unanticipated revenues.
Corrmissloner Johnson seconded the motion. The vote was declared
unanimous.
1989 Treasurer Certificate
Karen Sheaffer, County Treasurer, presented a request to purchase a 1989
Treasurer Certificate. She explained the certificate to the Board stating a
gentleman would like to buy a county held certificate. The Treasurer's
office is required to have approval by the Board of County Commissioners if
the amount is over $5,000.00. There are three certificates but the oldest
one is $122,395.92. Ms. Shaeffer stated the certificate is for personal
property only. It does not include the land. She stated it is a long and
detailed description. She introduced the purchaser.
John Foyer, proposed buyer, stated he understands the buildings are
permanently attached to the land. He questioned if the certificate covered
real property?
Commissloner Phillips suggested the Assessors office be contacted.
Mr. Foyer stated the only items that would be personal property would be
machinery and furniture.
Corrmissioner Johnson stated he has enough confusion he would like to
have a work session. He believes there is a need for the Board to meet with
the Treasure's office and the Assessor's office before they make a final
determination.
Mr. Fritze stated in 1995 the Board readopted a Resolution stating the
County will not sell treasurer certificates. There are other issues to be
discussed.
Chairman Gates asked if they need a work session to get further
information.
Mr. Foyer stated he has met with the EPA and other interested parties.
He stated if this goes to Court he would like his investment to be
refundable.
Mr. Fritze stated perhaps this matter should be tabled for 30 to 60 days
to have a work session to be sure everyone understands.
Commissioner Johnson moved to table the purchase of a 1989 Treasurer
Certificate until no later than May 25, 1996.
corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Railroad Responsive Application
George Roussos, County Engineer, presented a request for approval of the
Railroad Responsive Application to the Surface Transportation Board. He
stated on August 12 of this year a decision will be made whether to approve
the merger or approve with conditions. They have retained specialized legal
council and with them in this effort is Lake County and the municipalities of
Red Cliff, Minturn, Avon, Eagle and Gypsum. Applications to acquire the line
are due.
Mr. Roussos explained the different processes. Eagle County expressed
an interest in the Tennessee Pass line. They have received legal council and
have had a positive effect in their position. Montana Rail Link came in
after the fact. There is one other railroad that has expressed an interest
and that is Wisconsin Central. They are interested in all but the Tennessee
Pass section. In August, the approval board can either approve the merger
with Montana Rail Link as the owner and all negotiations would be with
Montana Rail Link. If Wisconsin Center emerges as the operator, since they
are not interested, then that line would become available and Eagle County
could make an offer. On March 29, Eagle County must make some representation
to the Service Transportation Board. That would be in the form of a verified
statement from the Board. He introduced the document and explained the
points of it to the Board. This statement expresses the intent of Eagle
County to purchase the rail line and by formally having said this, the
railroad is required to respond to their requests for further information.
Mr. Roussos referred to the meeting he and corrmissioner Johnson had with
Lake County on Friday. Minturn and the Town of Gypsum also su~port this and
he is meeting with the other entities tomorrow. up to this pOlnt, all
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
entities have been supportive.
Mr. Roussos stated perspectives of the different entities are very
interesting and vary from the recreational aspects to the transportation
issues.
Chairman Gates questioned the Transportation Board's opinion regarding
Eagle County purchasing the right-of-way. He asked if there is other
opposition.
Mr. Roussos referred to the Governor's press release of last week.
Corrmissioner Johnson questioned just the area from Sage to Tennessee
Pass.
Mr. Roussos stated they have considered Sage to Canon City. In time
they can examine in depth the economic issues, land issues, etc. This would
afford the opportunity to provide an offer over the entire line as well as a
lesser portion of the line.
Commissioner Johnson stated the verified statement refers to the
Tennessee Pass portion of the line, being from Sage to Malta.
Commissioner Johnson asked what advantages there will be for the various
options.
Mr. Roussos stated if Montana Rail Link buys, they will be spending
their own money. The disadvantage is their amenability to trails and rails.
With several of the partners in the coalition, the trails portion is
attractive. The other disadvantage is the perception of working with a local
entity will be easier than outside investors. Conversely, Union Pacific
would require an investment of resources, County and otherwise, but the
County would be able to deal with the issues of rails and trails easier.
Commissioner Phillips asked for clarification of the merger by the
Governor with Union Pacific and Southern Pacific and what happens with these
two railroads.
Mr. Roussos responded the governor has leveled his support for this
merger as have other entities who have tendered their positions. There are
other governmental entities opposed as well as shippers. This past week
there have been articles that indicate this merger is in trouble. What
happens in August of this year, the Board will either approve the merger with
some conditions or they will disapprove it and it will remain status quo.
The Eagle County offering to acquire the line is an achievable position.
commissioner Johnson returned to the Montana Rail Link. He indicated
the control of the corridor and the rail line would be best if it is in local
hands. Even if the County can negotiate with them for commuter cars, it
wouldn't necessarily be the most feasible. There would have to be regular
negotiation. Also, in other conversations held, it would be much more
economically viable if the Board can then do the subleasing.
Mr. Roussos stated they have met with an entity interested in tourist
trains both locally and out of state. A good marketing program could cover
many of the expenses by increased use.
Chairman Gates asked about tax the railroad pays to the County.
Mr. Roussos stated in the big picture, it's not much. Around $50,000 in
real estate and $20,000 in property taxes. The amounts received by Eagle
County are minor.
Commissioner Phillips asked about the time line and what has to be
worked out before this can take place.
Mr. Roussos stated in order to make an offer after the August time
frame, it is appropriate to make an assessment of what a reasonable offer is.
Resources will have to be expended to investigate all of the issues. There
is a risk the County will spend monies before August and will be out of the
picture. He stated railroads are seein$ an economic opportunity and thus
have a greater interest. If Montana Rall Link intends to buy, they are not
just asking for this portion. They are asking for rights to service as far
east as Kansas City and as far west as Stockton.
Commissioner Johnson asked if Mr. Roussos knows when the railroad will
finish their inventory and questioned an area around Gilman.
Mr. Roussos stated part of the effort has been expended by engaging a
land attorney to determine the status. They do not have the answer yet. The
railroads have put a price of 4.6 million from Sage to Leadville but they
will not substantiate it. Mr. Roussos stated they would like to have
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concluded more exercises of examination but they don't have the time before
this request must be made. The time table is ticking if the County is
seriously interested in acquiring this line. These efforts won't be
concluded by August of this year. There is another example in the Roaring
Fork Valley and it will be a multi-year program. They must lay the proper
foundation.
Commissioner Johnson asked what will take place between now and August
12, 1996.
Mr. Roussos responded by establishing a Transportation Authority and a
Rails Group a case must be made for them to fund the consultants and the
experts for formulating an offer. He looks forwards to starting that
process. They need to engage an engineering consultant, complete the efforts
on land issues.
Commissioner Johnson asked about financing an acquisition.
Mr. Roussos stated there are multiple options available. There are
grants, possibly general funds, perhaps some sales tax revenues for the newly
passed portion, there are legacy grants, approved fishing access from DOW
Fishing is Fun dollars, adopt a mile program, public private partnerships,
etc.
Chairman Gates stated he sees the undercurrent of not depending on the
monies.
Mr. Roussos stated the track from Leadville to Glenwood is in the 20
year rail plan. He stated financing will not be easy but if they don't
indicate their intent on March 29, they will have difficulty in acquiring the
land.
Mr. Roussos referred to Rail Banking which allows an entity to assume
financial responsibility for the trails systems and should the railroad not
be put into place, in the interim they can use the monies for trails. The
Governor's office is providing a statement supporting this in the "Rails to
Trails" position. The county needs to be in the position to sign its own
statement of support for "Rails to Trails".
Mr. Fritze asked if "Rails to Trails" would allow for other methods of
transportation.
Mr. Roussos responded it is for the purpose of rails.
Mr. Fritze asked for an explanation of what would happen if the merger
does not come about.
Jim Mandel, legal council for Vail Associates, stated they would
strongly encourage the Corrmissioners to act as recommended by Mr. Roussos.
It is the ultimate moving target but they a;Jree and support the concept of
local ;Jovernment and private partnerships wl11 create tremendous recreational
possibllities, commuter possibilities, and future possibilities. They see a
tremendous up side for all constituents in the valley. It is good for
everybody and they encourage the Commissioners to so act.
Corrmissioner Johnson asked about a letter showing support.
Mr. Mandel stated they will be pleased to write a letter as such. They
will also show the financial support as best they are able.
Commissioner Phillips asked about the consultant they had working for
them.
Mr. Mandel responded their thoughts are consistent with those of the
Engineer'S office and consistent with Mr. Roussos.
Tim Kelly, area resident and business owner, stated it is advantageous
to try to acquire and to proceed with all the guns mustered to get this into
County hands. He stated he has friends who are lobbyists for the railroad
and assured the County they should get a hold of this if possible.
Mr. Roussos stated he does have another work session item and asked if
that can be heard now.
The Board concurred.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEt:S 387869
commissioner Phillips moved to approve and sign the Railroad Responsive
Application to the Surface Transportation Board and the Chairman will be
authorized to sign any additional documents necessary for this application
process.
Corrmissioner Johnson seconded the motion. The vote was declared
nnanlffiOUS .
Mr. Fritze stated the verified statement is basically the application
and will be prepared by the hired attorneys.
There being no further business to be brought before the Board the
meeting was adjourned until March 26, 1996.
.xL..- r7 "J;;k.-
Attest: ~.
Clerk to the Board
h-4,d~
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