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Minutes 10/13/09 PUBLIC HEARING October 13, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Bryan Treu Christina Hooper Kathy Scriver Chairman Commissioner Commissioner County Attorney Assistant County Attorney 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. Special Recognition - Fair & Rodeo Volunteers and Staff Sara Fisher, Chairman Chairman Fisher recognized all the volunteers and staff for making the 2009 Fair & Rodeo possible. Over 60 people volunteered their time during the rodeo. She extended a special thanks to Brad Higgins, Denise Mathews, Glenda Wentworth, Jenny Wood, Tracy Stowell, and Laurie Asmussen. Commissioner Stavney thanked all the Fair Board members and Facilities Management staff. Commissioner Runyon thanked the Jr. Livestock Sales Commission. Chairman Fisher thanked the 4-H and Open Class Volunteers. Commissioner Stavney thanked all the other volunteers. Chairman Fisher stated that the Fair & Rodeo was awarded most improved and medium size rodeo in 2008. She presented staff with a framed photo/plaque and thanked everyone again for making the all the rodeos, past and present possible. 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 October 19, 2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for October 22, 2009 (subject to review by the ftnance director) Finance Department Representative C. First Amendment to Agreement between Eagle County, Colorado and All Valley Women's Care for Prenatal Care Services Anne Robinson, Health & Human Services D. Colorado Department of Public Health and Environment Task Order Contract for Health Care Program for Children with Special Needs Becky Larson, Health & Human Services E. Resolution 2009-106 Approving the Amendment of Resolution No. 2009-014: Resolution Establishing the Transferring and Distributing of Revenues from the County Forest Reserve Fund, Fiscal Year 2008 County Attorney's Offtce Representative 1 10/13/09 F. Contract Amendment No.2 to the Agreement between Eagle County and the Colorado Department of Transportation for Funding of Design Services Related to the Eagle County Airport Interchange Project Engineering Department Representative G. Amended and Restated Fixed Base Operator Concession and Lease Agreement between Eagle County and Vail Valley Jet Center, LLC County Attorney's Office Representative Chairman Fisher asked the Attorney's Office ifthere were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that Item G could be taken up separately. Commissioner Runyon moved to approve the Consent Agenda, Items A-F. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Stavney requested an explanation ofItem E. Kyle Weber, Assistant County Attorney stated that in 2008 congress agreed to fully fund PILT (payment in lieu of taxes) until 2012. This made it possible to get a one to one return on any money given to the school from the county forest reserve fund. The resolution would allow funds to be allocated to the schools up front and would be refunded in June 2010. Basically, more money would go back to the schools and county if money were to be given up front. Commissioner Runyon stated that CCI and the Public Lands Sub-committee had been pushing congress for years to allow this and it was very gratifying to see that this had finally been accomplished. Chairman Fisher stated that Chris Anderson requested that the approval ofItem G, the lease agreement between Eagle County and Vail Valley Jet Center, LLC be delayed for further discussion with the Town of Gypsum. Mr. Anderson stated that the agreement required further exploration related to Spring Creek drainage. They would like be sure that the new 757 hanger coordinates well with the airports overall future development. Overall, he felt the agreement was great it was just a matter of figuring out what the four points would be for the leaseholder. Commissioner Stavney complimented both the Jet Center and the Attorney's Office for working to consolidate a stack of agreements. Mr. Treu stated that the original agreement was created in the early 80s and there had been 11 amendments since then. The one thing being added now was the premier hanger lease. He suggested that the board approve the amended and reinstated lease conditioned upon airport staff approving the location of the 757 hanger and authorizing the Chairman to sign the agreement when complete. Commissioner Stavney believed the addition of a new hanger would be beneficial and a new dynamic to the airport. Commissioner Runyon believed the resolution would insure the best possible location for the hanger and in no way indicated that the board was not appreciative of the whole project. Commissioner Runyon moved to approve Item G based on staff determining the right location and authorize the Chairman to sign the agreement. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. 2 10/13/09 Treasurer's Third Quarter Interest Report Karen Sheaffer, Treasurer Ms. Sheaffer presented the third quarter totals. She stated that interest was down 60.67% from 2008. However, the county was still holding its own and getting better than the going interest rate. She expected to hold the largest tax sale since prior to 1990. Resolution 2009-107 Designating October 2009 as Domestic Violence Awareness Month Sheri Mintz, Bright Futures Foundation Ms. Mintz spoke about the domestic violence statistics in the state and specifically Eagle County. 233 incidents of domestic violence and 30 incidents of sexual abuse were reported to the Eagle County Sheriff in 2007. Three out of four shelters reported an increase in demand for services since September 2008. Bright Future Foundation had a 60% increase. Shelters attributed increases to financial issues. The foundation has a 24 hour crisis hotline, counseling services, legal advocacy, community outreach programs, abuse prevention training, and youth advocacy/mentorship. She stated that it had been an amazing year and there had been many success stories. Renatta Marshall spoke about her experience with the foundation. She was currently in transitional housing and a student at CMC. Without this service, she did not know were she and her children would be. She was happy to have the people from Bright Futures and wanted to support them with her testimony. Chairman Fisher thanked Ms. Marshall for her courage for standing up and sharing her story. Ms. Mintz stated that although there were many challenges, they love the work they do and love working with their community partners and believed that over time they would win the battle. Commissioner Stavney read the resolution into the record and moved to approve the resolution designating October 2009 as domestic violence awareness month. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2009-108 in the Matter of Supporting the 2010 Census Kris Aoki, Community Development Ms. Aoki stated that the resolution would allow the county to move forward with applying for funding needed for the 2010 Census. Commissioner Runyon moved to approve the resolution supporting the 2010 Census Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution 2009-109 Adopting a Sixth Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2009, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Accounts Finance Department Representative Mr. Lewis stated that the sixth supplemental budgetary request was $3,129,714.00 for all funds. Of that 3 million, $5,299,807.00 was represented by additional revenue, improving the unallocated fund balance of all funds by $2,282,347.00. This included transfers in between the funds of$112,254.00. The general fund impact was a total appropriation of $2,261,345.00. He spoke about the general fund revenues and expenditures from the various departments. The largest expenditure was 1.2 million for water storage rights in Aurora. 3 10/13/09 Commissioner Stavney asked whether the government would be reimbursing any money for the airport runway improvements. Mr. Lewis stated that most of the oil costs would be on Eagle County's ticket. However, he had not received a fmal answer. Commissioner Stavney asked about the funding for fiber optic cable between Vail pass and Vail communication center. Mr. Lewis stated that the fiber optic lines would be paid out of capital improvements over time, as the money was available. Commissioner Runyon noted that improved fiber optic capability would lead towards a greater number of monitors with cameras so there would better response time and people could better see what the traffic was like in questionable conditions. The improvements were truly for the benefit of all of Eagle County. Commissioner Runyon moved to approve the Resolution Adopting a Sixth Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2009, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Accounts. Commissioner Stavney seconded the motion. The vote was declared unanimous. Economic Stimulus Projects Update Tom Johnson, Public Works Mr. Johnson stated that he had nothing new to report. Commissioner Stavney asked what other items that the county was still pursuing. Mr. Johnson stated that the 1-70 airport interchanged was the largest ticket item and under the Tiger Program, a branch of the stimulus package. Commissioner Stavney requested that in the future Mr. Johnson provide a re-analysis of what was proposed and what could be re-deployed if funding became available. Commissioner Runyon spoke of a possible phase 2 stimulus package. He thought it would be nice to have a tally sheet of the total money spent or allocated to Eagle County. Chairman Fisher stated that there were still some outstanding projects ready to roll. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Air Terminal Corporation. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation County Attorney's Office Representative 1. Approval of minutes of July 28,2009, August 4,2009, and September 15, 2009 meetings; Ms. Fisher moved to approve the minutes, Mr. Stavney seconded the motion. The vote was declared unanimous. 2. Consideration for execution: Agreement between Eagle County Air Terminal Corporation and Alliance Mechanical, Inc. for repair work and improvements to the terminal fire sprinkler system; Ovid Seifers spoke about the project and stated that all the repair work was complete. The Town of Gypsum had been deeply involved in the process and code compliance. Ms. Fisher moved to approve the agreement between the Eagle County Air Terminal Corporation and Alliance Mechanical, Inc. for repair work and improvements to the terminal fire sprinkler system with an invoice amount of$46,050. Mr. Stavney seconded the motion. The vote was declared unanimous. 4 10/13/09 3. New Business; Mr. Stavney requested an overview of some of the other projects done over the summer. Mr. Seifers stated that the women's restroom in the terminal was the big terminal project dollar wise. New emergency generators were installed and would take care of any power outages that might occur during the winter season. He thanked the board for approving the generators and hoped they would never need to be used. Mr. Stavney stated that he would like to see the list capital projects and given a 5-10 year plan based on what money would be available. He also requested a schedule for the master plan process and a stakeholders list. Mr. Seifers stated that a 5-10 year list of capital improvements could be provided with no problem. The master plan was contingent upon FAA funding. Mr. Stavney challenged staff to come up with some big goals. Mr. Seifers stated that there was a limited amount of space and staff would have to be reasonable in its goal setting. Ms. Fisher looked forward to having a broader discussion. Mr. Runyon believed it was worth taking the time to hammer out the details, as the airport was a huge economic asset for the county. He asked about the reservation rates for the winter season. Mr. Seifers stated that indications were that the season would be comparable to the past season. Mr. Stavney asked for input regarding a concierge welcome center in the terminal. Mr. Anderson stated that the Eagle Valley Chamber expressed an interest a few years back and was provided area in the terminal. However, there weren't many people taking advantage of the service. Overall, it was a nice service but there wasn't a great amount of interest. Ms. Fisher believed that people had their itinerary figured out ahead of time but believed an ambassador type program or curbside program would be helpful and provide the most bang for its buck. Mr. Runyon recalled the program and low numbers. The service did not meet the expectations of the Chamber. Mr. Seifers believed that the roaming ambassador program would be more beneficial. Mr. Runyon stated that there was a recent survey among private jet pilots and the Vail Valley Jet Center ranked # 1 7 nationwide. He wondered if there was a comparable survey for small commercial airports. Mr. Seifers stated that other airports weren't as impacted by the weather as the Eagle-Vail airport. He believed it was truly remarkable that the VV Jet Center ranked so high. Mr. Stavney suggested that there be clear goals set amongst the larger community stakeholders. Mr. Seifers stated that the airport was a community airport and all players need to be involved to make it work. The only constraint was the financial restraints. Ms. Fisher believed that a bigger broader discussion with all stakeholders was necessary in order to stay ahead of growth and continue to provide world-class service. Mr. Treu stated that signers needed to be appointed for the corporate bank accounts. The Finance Department's recommendation was John Lewis, Cindy Preytis and himself. Mr. Stavney moved to approve John Lewis, Cindy Preytis, and Bryan Treu as additional signers on the corporate bank accounts and authorize the Chairman to sign a resolution if necessary for the bank. Mr. Runyon seconded the motion. The vote was declared unanimous. 4. Adjourn Commissioner Stavney moved to adjourn as the Eagle County Air Terminal Corporation Board of County Commissioners and re-convene as the Eagle County Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. 5 10/13/09 Abatement Hearings County Attorney's Office Representative Petitioner Schedule No. Robert Milfeld China Garden Too 234 LLC Frank J. Danzon III Millie M. & Tyler F. Aldrich R059099 R030410 R026120 R050888 R016604 Commissioner Runyon moved that the Petitions for Abatement/Refund of Taxes for the following individuals and Schedule Numbers be approved for the tax years, in the amounts, and for the reasons as set fort in the Assessor's recommendations sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name China Garden Too 234 LLC Millie M. & Tyler F. Aldrich Schedule No. R030410 R026120 R016604 Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Runyon moved that the Petitions for Abatement/Refund of Taxes for the following individuals and Schedule Numbers be partially approved for the tax years, in the amounts, and for the reasons as set fort in the Assessor's recommendations sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Robert Milfeld Frank J. Danzon III Schedule No. R059099 R050888 Commissioner Stavney seconded the motion. The vote was declared unanimous. ECO Transit and Trails Budget Harry Taylor, ECO Transit and Ellie Caryl, ECO Trails Recorded Planning Files There were none. There being no further business before th (1 Attest: . IUt/1( Clerk to the Board 6 10/13/09