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Minutes 04/21/09 PUBLIC HEARING April 21, 2009 Present: Sara Fisher Peter Runyon Keith Montag Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Acting County Manager County Attorney Deputy County Attorney Clerk to the Board Deputy Clerk to the Board Absent: Jon Stavney Commissioner Chairman Fisher stated that Commissioner Stavney would not be present because he was attending a River District Meeting. This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of April 20, 2009 (subject to review by the Finance Director) Finance Department Representative B. State of Colorado Department of Local Affairs Emergency Management Performance Grant Agreement Barry Smith, Emergency Management C. Edwards Interchange Upgrade Right-of-Way Agreement with the Colorado Department of Transportation Ben Gerdes, Engineering D. Final Settlement of Agreement between Eagle County and TUSCA II for Household Hazardous Waste Proj ect Facilities Management Representative E. Annual Eagle County Wildfire Operating Plan Barry Smith, Emergency Management F. Trench, Conduit and Vault Agreement between Eagle County and Holy Cross for the Justice Center Project Rick Ullom, Project Management Chairman Fisher asked the Attorney's Office ifthere were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes or revisions. Commissioner Runyon moved to approve the Consent Agenda, Items A-F. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. 1 04/21/09 Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Gore Range Brewery, LLC d/b/a Gore Range Brewery #09-87564-0000 This is a renewal of a Brew Pub 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 in the Clerk's Office and proof of server training has been provided. B. Atlas Pizza, LLC d/b/a Atlas Pizza #03-80434-0000 This is a renewal of a Hotel and Restaurant 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 in the Clerk's Office and proof of server training has been provided. C Top of the Rockies, Inc. d/b/a Top of the Rockies at Vail #10-87789-0000 This is a renewal of a Hotel and Restaurant License located in Red Cliff. 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 in the Clerk's Office and proof of server training has been provided. D. DKM Associates, LLC d/b/a Juniper Restaurant #15-30721-0000 This is a renewal of a Hotel and Restaurant License located 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 in the Clerk's Office and proof of server training has been provided. E. Beaver Creek Food Services, Inc. d/b/a Saddleridge #04-86494-0000 This is a renewal of a Hotel and Restaurant License located in Beaver Creek. 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 in the Clerk's Office and proof of server training has been provided. F. Rink Production, Inc d/b/a Rink Productions #26-65945-0000 This is a renewal of an Optional Premises License (stand-alone) located in Beaver Creek. 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 in the Clerk's Office and proof of server training has been provided Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for April 21, 2009, consisting ofItems A-F. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. 2 04/21/09 Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Economic Stimulus Projects Tom Johnson, Public Works SENATOR MARK UDALL ECONOMIC CONCERNS AND PROJECTS SURVEY Please identify the top 5 priorities you face involving federal funding for any projects, programs or other needs within your jurisdiction. 1. Airport Airfield Improvements: Including high speed exits, B side taxiways, and runway lighting upgrades to improve operations. These were cut from the current runway rehabilitation project due to available funds. Ifnot completed now with the project, the runway (airport) will need to be shut down again to complete these important projects. 2. Red Cliff Waste Water System: The system is aged and regularly out of compliance, allowing waste to not be fully treated before being discharged into the Eagle River. The current system is inadequate, has significant infiltration, and cannot be repaired, thus, it must be replaced. 3. Eagle County Regional Airport - I-70 Interchange: The only current access to the Airport is via State Highway 6 through Eagle or Gypsum. The current access is rated as 'f (fail) two times daily. The proposed interchange is only funded for design and land acquisition presently, and is a multimodal project. 4. Wildfire Mitigation: Six specific projects are identified and not currently funded to develop plans to protect life and property in Eagle County. The threat of a major wildfire in the County is real due both to the nature of the mountain environment and the extensive beetle kill of Lodgepole Pine. 5. Detentions Facility Expansion: Funding was obtained through Certificates of Participation (COP) Loans, but only one half could be completed. It is estimated that the Y2 addition will be at capacity when it opens and likely some inmates may still be 'housed' in distant locations. 6. Renewable Energy Projects: The County could complete 8 to 12 renewable energy projects very quickly if funding were to become available. Near ready projects include one thermal solar system, four small solar PV projects, two large solar PV arrays, one pellet boiler, converting 4 to 6 vehicles to hybrids, and possibly a demonstration wind turbine. 7. AvonlECO shared bus facility: Currently 25 to 30 buses sit outdoors, using excessive fuel to warm up, reducing expected life and increasing maintenance costs. The design allows for up to 40 buses to be housed indoors. The project is being led by the Town of Avon. 8. 800 mhz Conversion from Analog to Digital: This is an unfunded federal mandate to upgrade the County's Public safety radio system by 0 I April 2011. This is the only viable solution as cell phones do not allow reasonable coverage in the mountains and do not fit the description of being 'interoperable' as expected by the Department of Homeland Security. 3 04/21/09 Please identifY or describe any changes in federal policy that you believe would help your community to promote economic recovery, create jobs, and improve conditions for the constituency you serve. DISCUSSION: Mr. Johnson spoke about the prioritization of the items for Senator Udall (attached). He sent a list of 8 items and hoped to narrow it to 5. Chairman Runyon spoke about number 4, wildfire mitigation. He has spoken to Northwest Council of Governments about this item. Several weeks ago, the US forest service announced that $4 million would go to the White River National Forest; Summit, Eagle, and Pitkin County for beetle mitigation. He spoke about number 7, the shared bus facility with the Town of Avon and the fact that the TOA would likely take this project on their list. He believed another item that should be set aside was the airport airfield improvements. He believes this money would be obtained without needing the overt help. Mr. Johnson stated that a resolution would need to happen quickly. Chairman Fisher wondered who the funds for the airport airfield improvements would come from. She believed it was appropriate to have it high on the radar screen. Mr. Johnson stated for the entire project could approach $8 million. Chairman Fisher stated that the airport would need to be closed again. Mr. Johnson stated that would submit a letter to Craig Spark on behalf of the board to get find out the importance of the project and the expediency needed. Chairman Runyon stated that the project was important, but it has such a compelling argument for completing it sooner than later with the airport being closed. Chairman Fisher spoke about the 800 MHz project. She thought this project could be around several hundred thousand working in conjunction with the state. She felt that the airport project needed to be kept on the list of priorities. There is a sense of urgency to this decision. Chairman Runyon stated that the 800 megahertz project was number 5 on his list of priorities. Chairman Fisher agreed with leaving I, 2, and 3 as is and moving 5 and 6 up to positions 4 and 5 and them an addendum to item 7, identifY the fact that the board supports the project. She wondered about updating the list for Senator Udall and including time frame and cost. Chairman Runyon spoke about the request from the Senator's office. Mr. Johnson stated that it was only related to stimulus dollars. Chairman Runyon wondered about the airport re-authorization bill. Mr. Johnson stated that it had not yet been released. Commissioner Runyon spoke about the possibility of funds coming from this bill. Chairman Fisher suggested giving the renewable energy projects a higher priority. Mr. Johnson stated that he didn't believe any of the items competed with any of the other items. He included the spreadsheet from the Sheriff s department. Kim Andree, Sheriffs department representative was present. She spoke about the 22 patrol cars and they found out that it was only posted in Arkansas. They didn't think they would receive any money. On line 5 there was a request for 5 additional patrol officers over a 3 year period. After year 3 the county would have to start contributing to this request expense. Once any award of money is granted the board would have to consider the long term implications and agree or not to accept the money. Commissioner Runyon spoke about the long term financial impacts of adding staff. The county needs to be fiscally conservative going forward. Ms. Andree stated that they would receive notice in the end of August for October start dates. There is no commitment on the county's part. Chairman Fisher spoke about the political sensitivity in declining the grants should they be awarded. She was concerned about creating an "us" against "them" environment. Ms. Andree stated that there were only two items, for which the county would be responsible in the long term. One was for an administrative technician to run the Edward's substation and the other was for a concealed weapon permit and evidence technician. Commissioner Runyon spoke about the concern with where the economy is going in the long run. Knowledge of the shortfall in sales tax and increased Health and Human Services costs causes the board to be very careful. He believed that all departments would need to make do with less staff. The Sheriffs office just hired 7 new staff and if additional cutbacks are required he wondered how the new positions be handled. 4 04/21/09 Ms. Andree thought that over the course of three years the positions could fill other positions lost through attrition. Chairman Fisher spoke about the fact that the new people could fill the vacant positions for any remaining period of time. Ms. Andree stated that the Sheriff s office has been speaking to other entities and they are not alone in their position. She was encouraged to apply for these positions. Chairman Fisher spoke about the sustainability of supporting the grants. She hoped the decision to accept or return the grant money would be a joint decision between the board and the Sheriffs department. She wondered about the grant total and how much would be staffwages. Ms. Andree stated it was for personnel only. Chairman Fisher requested a clear understanding of the specific ongoing costs. She knows that vehicles would also be needed for these new officers. She requested the same information for item 10. Ms. Andree stated that of the $160,000 requested there was some training included. Mr. Montag asked about the line item 7 and whether it was only the system. Ms. Andree indicated that this was correct. She added that for the officers on the streets administrative support was also needed. Chairman Fisher spoke about item 6 and the addition of staff. Ms. Andree stated that if this grant was received it would allow replacement of the roof in the existing justice center. The north addition was also included in this part of the grant and if it was approved, it will need staff. Commissioner Runyon spoke about the possibility of leasing the space instead of immediately using it for county use. Chairman Fisher asked for a clear understanding of staffing needs associated with any of the requests. She realized that there would be staffing needs associated with building a new wing. Ms. Andree spoke about the remodel of the basement near the mail room. Barry Smith had asked for $250,000 to accomplish the remodel. Chairman Fisher asked for the other costs associated with this type of operation; IT costs, personnel etc. She commended the Sheriffs office for their efforts, but wanted to be up front about the future impact. The county was not in the position to support additional staff and there was no way to know how this might change in the future. Mr. Montag spoke about line 6. Ms. Andree stated that this included $250,000 for Barry Smith and $50,000 miscellaneous expenses related to the remodel. If the North addition request was rewarded it would be known in October and would have to be used within 24 months. Chairman Fisher spoke about budget planning and associated challenges. Commissioner Runyon spoke about the evidence storage system and where it would be. Ms. Andree stated that the storage area was scheduled for remodel. She further stated that a good forensics and evidence management system was important to law enforcement. Commissioner Runyon wondered about funding the Edward's substation. Ms. Andree indicated this would cover everything in the field house including IT. Commissioner Runyon asked about number 9. Ms. Andree explained that the request was not due for another week. It included equipment for 5 officers and electronic ticketing. The technology comes directly from the driver's license database and eliminates mistakes. The current system is quite labor intensive. This technology could save staff time. Commissioner Runyon stated that if it could be shown that it could pay for itself the Sheriff s office would have done that. He added that Eagle County had developed a Mercedes appetite due to sufficient funds always being available. With the existing economic climate this is no longer reasonable. He understood the desire to have the best, but the money wasn't available. He wondered about the deadline. Ms. Andree indicated that the federal government set the deadlines. Commissioner Runyon spoke about the benefit of the program without having to contribute to the expense. Chairman Fisher spoke about the equipment needed to support the patrol officers. She hoped the two costs would be clear and separate. Ms. Andree stated that the grant request was for the total cost, which included two bulletproof vests, nine radios and other miscellaneous equipment. 5 04/21/09 Chairman Fisher hoped that everyone would look at reducing the current equipment budget if grant money was received. They are looking for cost savings in every corner. Ms. Andree spoke about the potential for savings during 2010. The money would have to be used for future needs. Chairman Fisher asked about specifics related to request number 9. She wondered about number 11. Ms. Andree stated that the grant request was being developed by the school district. Chairman Fisher asked for continuing costs for both II and 12. She was aware that there were school resource officers available currently. Ms. Andree stated that the school district was trying to systemically find a better ways to secure the schools, but it would not include additional staffing. The grant would allow for evaluation and support of photographic layouts and plans for fire departments etc. She spoke about the SCAP grants, which were related to immigration holds. If the state did not reimburse the county for these holds, the grant would cover the costs. The ballistic blanket in number 13 is for blankets used to protect members of the special operations unit when they travel in the field and vehicles are not available. Commissioner Runyon asked about the April141h due date. Ms. Andree stated that the applications had been submitted. Chairman Fisher asked for a work session with the Sheriff to discuss dollar amounts prior to learning that grants would be awarded. Resolution 2009-035 Designating the Week of April 26 - May 2, 2009 as National Crime Victims' Rights Week Deena Ezzell, Victims Assistance Services Commissioner Fisher read the resolution and moved to approve Resolution 2009-035 Designating the Week of April 26 - May 2, 2009 as National Crime Victims' Rights Week Commissioner Runyon seconded the motion. Kim Andree, Sheriff s department representative thanked the board for making this issue important via the resolution. She added that one in four girls and one in seven boys will be sexually assaulted before they turn 18. She presented teal colored ribbons to help raise awareness of this problem. Ms. Ezzell spoke about her role. She also thanked the board for raising awareness and expressed her appreciation for her bi-lingual advocate, Reyna Merano. Chairman Fisher understands the importance of the services they provide and thanked them for their good work. Commissioner Runyon noted that through these types of efforts the criminal justice in this area has improved. He spoke about the change for victims of rape and the progress that has been made for these folks. Of the two voting Commissioners, the vote was declared unanimous. Airport Tower Update Travis Valin, Colorado Department of Transportation Aeronautics Division Bill Payne, President William Payne & Associates, Inc. Recorded Planning Files There were none. 6 04/21/09 Abatement Hearings County Attorney & Assessor's Office Representatives Petitioner Name Robert D. Schultz, Jr. Jean J. Oglethorpe CostCo Jean J. Oglethorpe Crescent Real Estate Funding XII FirstBank Holding Company Sean F. & Amy Boggs Vail Plaza Development LLC . c/o Duff and Phelps Deer Run LLP Schedule No. ROlll80 R045612 R058l77 R0456l0 R059077 R029881 R056732 R056306 R047820 Commissioner Runyon moved that the Petitions for AbatementlRefund of Taxes for the following individuals and Schedule Numbers be approved for the tax years, in the amounts, and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference Petitioner Name Schedule No. Robert D. Schultz, Jr. RO 11180 Jean J. Oglethorpe R045612 CostCo R05 8177 Jean 1. Oglethorpe R0456 10 Crescent Real Estate Funding XII R059077 FirstBank Holding Company R029881 Sean F. & Amy Boggs R056732 Vail Plaza Development LLC. c/o Duff and Phelps R056306 Deer Run LLP R047820 Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. Attest: --dnA-Q ~ Chairman 7 04121/09 SENATOR MARK UDALL ECONOMIC CONCERNS AND PROJECTS SURVEY Please identify the top 5 priorities you face involving federal funding for any projects, programs or other needs within your jurisdiction. 1. Airport Airfield Improvements: Including high speed exits, B side taxiways, and runway lighting upgrades to improve operations. These were cut from the current runway rehabilitation project due to available funds. If not completed now with the project, the runway (airport) will need to be shut down again to complete these important projects. 2. Red Cliff Waste Water System: The system is aged and regularly out of compliance, allowing waste to not be fully treated before being discharged into the Eagle River. The current system is inadequate, has significant infiltration, and cannot be repaired, thus, it must be replaced. 3. Eagle County Regional Airport - 1-70 Interchange: The only current access to the Airport is via State Highway 6 through Eagle or Gypsum. The current access is rated as 'f (fail) two times daily. The proposed interchange is only funded for design.and land acquisition presently, and is a multimodal project. 4. Wildfire Mitigation: Six specific projects are identified and not currently funded to develop plans to protect life and property in Eagle County. The threat of a major wildfire in the County is real due both to the nature of the mountain environment and the extensive beetle kill of Lodgepole Pine. 5. Detentions Facility Expansion: Funding was obtained through Certificates of Participation (COP) Loans, but only one half could be completed. It is estimated that the 'li addition will be at capacity when it opens and likely some inmates may still he 'housed' in distant locations. 6. Renewable Energy Projects: The County could complete 8 to 12 renewable energy projects very quickly if funding were to become available. Near ready projects include one thermal solar system, four small solar PV projects, two large solar PV arrays, one pellet boiler, converting 4 to 6 vehicles to hybrids, and possibly a demonstration wind turbine. 7. Avon/ECO shared bus facility: Currently 25 to 30 buses sit outdoors, using excessive fuel to warm up, reducing expected life and increasing maintenance costs. The design allows for up to 40 buses to be housed indoors. The project is being led by the Town of Avon. 8. 800 mhz Conversion from Analog to Digital: This is an unfunded federal mandate to upgrade the County's Public safety radio system by 01 April 2011. This is the only viable solution as cell phones do not allow reasonable coverage in the mountains and do not fit the description of being 'interoperable' as expected by the Department of Homeland Security. Please identify or describe any changes in federal policy that you believe would help your community to promote economic recovery, create jobs and improve conditions for the constituency you serve.