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Minutes 08/25/09 PUBLIC HEARING August 25, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Bryan Treu Robert Morris Christina Hooper Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Assistant County Attorney Clerk to the Board 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: Executive Session There was none. Consent Agenda Chairman Fisher stated the ftrst item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of August 24,2009 (subject to review by the Finance Director) Finance Department Representative B. Senate Bill-l Contract for Leadville Operations and Bus Storage Facility Harry Taylor, ECO Transit C. Resolution 2009-086 Concerning Appointments to the Eagle County Fair Board Brad Higgins, Fair & Rodeo D. Agreement for Professional Services for Conceptual Engineering Services for the Wolcott to Eagle Phase I Trail Project Ellie Caryl, ECO Trails E. Memorandum of Agreement between State of Colorado and Eagle County Regarding the Eagle Airport Interchange County Attorney's Office Representative F. Resolution 2009-087 Authorization the Transfer of Certain Properties to the Colorado Department of Transportation for the Purpose of Constructing the Eagle County Airport Interchange County Attorney's Office Representative G. Warranty Deed between Eagle County and Colorado Department of Transportation County Attorney's Office Representative H. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney, Christina C. Hooper, Assistant County Attorney and Kyle L. Weber, Assistant County Attorney to act as Attorney In Fact for the County of Eagle, State of Colorado, with respect to US Bank of Vail Letter of Credit No. SLCPPDZ04336 in the Amount of $296,577.1 1 for the Account of Kummer Development Corporation/Adam's Rib 1 08/25/09 County Attorney's Office Representative I. Resolution 2009-088 for Final Release of Collateral and Termination of the Warranty Period for Knudson Ranch Subdivision Improvements Agreement County Attorney's Office Representative Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney requested that item H be pulled due to an extended letter of credit. Commissioner Stavney moved to approve the Consent Agenda, Items A-I excluding item H. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: STAFF CONCERNS / ISSUES: First Descents 9th Annual East/W est Hoedown Cara Connolly, Event Manager Eagle River Center - 794 Fairgrounds Road, Eagle Kathy Scriver None DESCRIPTION: First Descents a non-profit organization dedicated to providing kayak camp for young adults with cancer had requested a special events permit for their 9th annual fundraising event being held at the Eagle River Center on September 11, 2009 6-10 p.m. Additional time has been requested on the application to allow for set-up and tear- down. Past events have been held at 4 Eagle Ranch without incident. Moe's BBQ will be catering the event, Petals and Pours will be providing the alcohol service, and Lone Star Security will be providing the security. STAFF FINDINGS: 1. All fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on August 13, 2009, 11 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided a detailed alcohol management plan and diagram. 5. The applicant has provided proof of server training. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the application. 2 08/25/09 Lauri Roach, Executive Director of First Descents stated that the First Descents mission was to provide white water kayaking and other outdoor experiences to young adults with cancer. There were two camps set up in the Vail Valley. First Descents was selected by Slifer Smith and Frampton as the beneficiary for this event, which would benefit their non-profit. Cara Connolly was present and presented the details of the event. There would be an auction and mechanical bull. Chairman Fisher asked Ms. Scriver if she was comfortable with the alcohol management plan. Ms. Scriver stated that she was comfortable with the alcohol management plan. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Event Permit for the First Descents event being held at the Eagle River Center on September 11, 2009, from 7:00 p.m. to 11 :00 p.m. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re~c:onvene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2009-089 adopting the Fifth Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2009 and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies Finance Department Representative Mr. Lewis presented the fifth supplementary budget and appropriation. The request included total appropriations of$1,439,127.00 of which $258,740 was additional revenue, and $617,982.00 was the net differences in the unallocated fund balances of the various funds. Most of the changes outside of the maintenance service center and airport land lease were in the general fund. He spoke about the listed expenditures. Commissioner Runyon stated that he was in favor of the overall budget with the exception of the housing loan fund. He requested that the item be voted on separately. He was not in favor of facilitating people getting into financial problems. Mr. Treu stated that it was best for Commissioner Runyon to make a statement that he was not supporting the item solely. Chairman Fisher stated that there was recently a meeting between the board and the homebuyer's assistance committee and she believed the process was working and hoped it would continue. She stated that 25% of real estate sales had been deed-restricted units. There was currently a waiting list for Miller Ranch. Commissioner Stavney stated that he respected Commissioner Runyon's opinion. Commissioner Runyon stated that he supported the program in 2006-2008 when the there was a better real estate environment but currently the market was a concern. He believed that there were many people still trying to get into property that they couldn't afford. He supported the idea of this revolving fund but would like to see it move towards a 501 c3 where there could be greater involvement from the employers. Commissioner Stavney moved to approve the resolution adopting the fifth supplementary budget and appropriation of anticipated revenues for fiscal year 2009 and authorizing the transfer of budgeted and appropriated monies between various spending agencies. Commissioner Runyon seconded the motion with his reservations, as noted. The vote was declared unammous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. 3 08/25/09 Economic Stimulus Projects Update Tom Johnson, Public Works Mr. Johnson spoke about the New Energy Economic Development (NEED) grant process. Adam Palmer had been formalizing the application. Funding would be allocated in November. Mr. Palmer stated that there were 3 projects identified. The three projects included the solar thermal system for the justice center, the solar photovoltaic shade structure for the Miller Ranch community Center, and the wind testing and mapping study to identify specific wind energy resources in Eagle County. These smaller projects were selected because he believed they'd have a good likelihood of getting support. He asked the board if they wanted to request more money that may reduce the potential to be funded but would reduce the requirement for a county match. ECO build funds could be used for these projects. Commissioner Stavney asked about the cost share. He wondered if there were other funds available for the justice center solar system rather than using ECO build dollars. He wondered what the payoff plan would be over time. He believed that the wind testing and mapping study had the greatest public benefit. Commissioner Runyon believed that the projects should be judged by the global benefit. Mr. Palmer stated that the ECO build committee felt that funds should not be used disproportionately for public projects. Chairman Fisher believed that the county should move forward and apply for the grant and it was appropriate to use the funds for public buildings. Commissioner Runyon moved to approve the application for the NEED grant as outlined in the August, 25th letter to Tom Plant, Director of the Governors Energy Office. Commissioner Stavney seconded the motion. The vote was declared unanimous. 2009 Abstract of Assessment Assessor's Office Mark Chapin, Eagle County Assessor spoke about the Abstract of Assessment. He stated that according to Colorado law the Assessor must appear before the board and send in 3 copies to the state identifying the assessed value for each property in the county after the County Board of Equalization hearings. Commissioner Stavney moved to authorize the Chairman to sign the 2009 Abstract of Assessment. Commissioner Runyon seconded the motion. The vote was declared unanimous. Hidden Gems Wilderness Campaign Work Session Susie Kincade, Campaign Organizer Recorded Planning Files There were none. oard, the meeting was adjourned until September 1, 2009. c ~ ~ - ~ /I-C!- 9- fr,D/.. ( """ - Chairman ~ 4 08/25/09