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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. 1 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 2 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 3 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. 4 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~ 5