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Minutes 08/11/09 PUBLIC HEARING August 11, 2009 Present: Sara Fisher Peter Runyon Keith Montag Bryan Treu Robert Morris Christina Hooper Teak Simonton Kathy Scriver Chairman Commissioner County Manager County Attorney Deputy County Attorney Assistant County Attorney Clerk to the Board Deputy Clerk to the Board Absent: Jon Stavney Commissioner 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 August 10,2009 (subject to review by the Finance Director) Finance Department Representative B. Final Settlement of Agreement between Eagle County and LaFarge North America for the 2009 Gravel Project Road & Bridge Representative C. Resolution Authorizing the Expenditure of Open Space funds for the Purchase of the Property Located at 6024 U.S. Highway 6 in Eagle County and Authorizing the Chairman of the Board of Eagle County Commissioners to Execute on its Behalf Any and All Necessary Documents, Instruments, Papers or Other Forms Incidental to the Purchase of Said Property Cliff Simonton, Community Development D. Resolution 2009-078 for the Approval to Proceed into Phase IV of the Gypsum Ranch Sand and Gravel Pit, (Eagle County File No. PR-2368, Special Use Permit No. ZS-00173) Bob Narracci, Community Development Chairman Fisher requested that Cliff Simonton present his PowerPoint related to Item C before moving to approve the consent agenda as presented. Mr. Simonton presented a PowerPoint presentation detailing the purchase of the property located at 6024 Highway 6 in Dotsero. He spoke about the benefits ofthe purchase. The property was 45.5 acres, highly visible from the interstate, included 3000 feet of river frontage, had pond potential, was a fee simple purchase, and the purchase price was $425,000 or $9,341 per acre. There were currently no conservation easements on the property. He presented photos of the property and the surrounding areas. He stated that the property had great potential but would require some work, which would need to include riverbank stabilization. OSAC unanimously recommended approval of the purchase and recommended that a plan for future uses and improvements take place as soon as possible. 1 08/11/09 Chairman Fisher believed that it was important to make sure the property was ready for public access before opening it up to the public. Mr. Simonton stated that the entire property was within the 100 year flood plane. Commissioner Runyon asked if there were any disadvantages to the county waiting a week. He would like to provide the public and Commissioner Stavney the opportunity to way in. Mr. Morris stated that there might be an expiration date. He requested time to review the contract. Mr. Simonton believed there was a deadline. Chairman Fisher stated that a closing date was scheduled for Aug. 17th. Commissioner Runyon wondered if there would be an advantage to purchasing the property with money from the general fund money and allowing OSAC to purchase the property later in hopes of fInding additional funding partners. Mr. Morris stated that the subject came up; however, staff suggested that the property be purchased using OSAC dollars due to current restraints on the general fund. Chairman Fisher asked Mr. Lewis if this money was available in the general fund. Mr. Lewis stated that there was money in the general fund for the purchase the property. Chairman Fisher opened public comment. Ms. Jena Skinner-Markowitz spoke about some of the split funding opportunities. She stated that the property was one that had a number of interests over the years. It was an awkward location with water and sewer so its development potential would be difficult. She believed the property had great education value and habitat. Commissioner Runyon stated that there was a distinction between wetlands and floodplain. The majority of this land was floodplain but did not preclude it from development. He would like the purchase to come from the general fund with the intent of taking the time to look at the options. Chairman Fisher concurred. Mr. Simonton stated that it was very important that there be a clear time-frame for repayment by OSAC. Mr. Morris stated that the board should go back to OSAC and request another vote to ratify the agreement. He has no concern with the resolution as presented. Chairman Fisher believed it was a good idea to purchase the property now and request that OSAC earmark the dollars for next spring or so. Commissioner Runyon moved to approve Resolution 2009-079 Authorizing that the Purchase of the Property Located at 6024 U.S. Highway 6 in Eagle County and be purchased fee simple out of general fund and Authorizing the Chairman of the Board of Eagle County Commissioners to Execute on its Behalf Any and All Necessary Documents, Instruments, Papers or Other Forms Incidental to the Purchase of Said Property Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Runyon moved to approve the Consent Agenda, Items A, Band D. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. 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. Adam's Mountain Country Club, LLC d/b/a Adam's Mountain Country Club #15-59226-0000 2 08/11/09 This is a renewal of an Optional Premises License (stand alone) in Unincorporated Eagle. 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. Other B. Malibu, LLC d/b/a Malibu Restaurant & Bar #15-72176-0000 Resolution 2009-080 approving the application for a Hotel and Restaurant Liquor License submitted by Malibu, LLC d/b/a Malibu Restaurant & Bar. These were the official findings of the Board, as mandated by the Colorado Liquor Code. C. Mountain Thyme Wine, LLC d/b/a Mountain Thyme Wine #25-50710-0000 Resolution 2009-081 approving the application for a Retail Liquor Store License submitted by Mountain Thyme Wine, LLC d/b/a Mountain Thyme Wine. These were the official findings of the Board, as mandated by the Colorado Liquor Code. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for August 11, 2009 consisting of Items A-C. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unalllmous. 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 unalllmous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Board of Equalization. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unalllmous. Eagle County Board of Equalization Attorney's Office Representative A. Resolution 2009-082 regarding petitions to the Eagle County Board of Equalization Mr. Morris presented a summary. Commissioner Runyon moved to approve the resolution regarding petitions to the Eagle County Board of Equalization. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. 3 08/11/09 Commissioner Runyon moved to adjourn as the Eagle County Board of Equalization and re-convene as the Eagle County Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Economic Stimulus Projects Update Tom Johnson, Public Works Mr. Johnson stated that GEO would be releasing phase 1 and there would only be $2 million for the entire state. The application was due August 28 and he asked the board for direction prioritizing the project list. The current priority list included thermal solar at the Justice Center, significant photovoltaic (PV) at the Justice Center, trading in some of the vehicles for larger hybrids, or solar PV at Miller Ranch and/or EI Jebel. He believed that all were good solid projects. The large PV at the Justice Center was already happening so he believed the thermal solar and Miller Ranch were the two priority projects that best fit the description from the Governor's energy office. Commissioner Runyon leaned more toward the solar PV at Miller Ranch. Chairman Fisher suggested that the Justice Center be placed at the top ofthe list and Miller Ranch solar project be at number two. The commissioners and Mr. Montag agreed. Mr. Johnson spoke about the Tiger Grant application process. The team would have the first information back shortly and everything was going well. Work Session - Child Care Gap Analysis Sherri Almond, Health & Human Services Recorded Planning Files There was none Attest: There being no further business be , the meeting was adjourned until August 18,2009. . ~ ~Q fr;1u^- Lott"~ Chairman .D~j... 4 08/11/09