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Minutes 10/27/09 PUBLIC HEARING October 27, 2009 Present: Peter Runyon Jon Stavney Keith Montag Robert Morris Kathy Scriver Chairman Pro-Tern Commissioner County Manager Deputy County Attorney Deputy Clerk to the Board Absent: Sara Fisher Chairman 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 Pro-Tern Runyon stated the frrst item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of October 26,2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for November 5,2009 (subject to review by the Finance Director) Finance Department Representative c. Approval of the minutes of the Eagle County Board of Commissioners Meeting for September 1, 2009 Teak Simonton, Clerk & Recorder D. Resolution 2009-105 for Final Release of Collateral and Termination ofthe Subdivision Improvements Agreement for Red Sky Ranch, Tract AA (Eagle County File No. PDF-00090 County Attorney's Office Representative E. Amended Subdivision Improvements Agreement for Arrowhead Valley Developers, LLC for Arrowhead River Ranch County Attorney's OffIce Representative Chairman Pro-Tern Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bob Morris, Assistant County Attorney stated that there were no legal issues with any of the items on the consent agenda. Commissioner Stavney moved to approve the Consent Agenda, Items A-E. Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 1 10/27/09 Resolution 2009-110 of the Board of County Commissioners of Eagle County, Colorado, Providing for the Formation of the Eagle County Energy Smart Local Improvement District; Describing the Property to be Included in the District; Describing the Property to be Included in the District, the Improvements to be made on such Property, and the Method of Financing such Improvements; and Providing other Matters Relating Thereto Yuri Kostick & Alex Potente, Housing & Development Adam Palmer, Community Development Chairman Pro-Tern Runyon explained the reasoning for the resolutions related to Referendum lA "Energy Smart Loan Program." He stated that the board had the opportunity to express its opinion on ballot initiatives such as this with a resolution of support. The Attorney's OffIce was comfortable with the resolutions. He stated that the formation of the district was conditional on the approval of the voters. There was legal reason why this was being done prior to the election. Mr. Morris stated that it was not only desired but also necessary to have the district formed now rather than starting the process later. Commissioner Stavney proposed adding additional language to the motion, that the resolution shall take effect immediately upon its passage and shall be null and void on the day after the election on November 4, 2009 in the case that lA does not pass. Commissioner Stavney moved to approve the Resolution providing for the Formation ofthe Eagle County Energy Smart Local Improvement District; and as amended by his previous language. Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Stavney stated that there were still a lot of details that needed to be worked out if the voters say "yes." Eagle County was just one of many counties in the state taking advantage of House Bill 1350. Resolution 2009-111 of the Board of County Commissioners of Eagle County, Colorado, Declaring Support for the Approval of Eagle County Referendum lA "Energy Smart Loan Program" Yuri Kostick & Alex Potente, Housing & Development Adam Palmer, Community Development Commissioner Stavney moved to approve the Resolution Declaring Support for the Approval of Eagle County Referendum 1 A "Energy Smart Loan Program" Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Chairman Pro-Tern Runyon stated that there were still a lot of questions that need to be answered. He assured the voters that the board would create as sound a program as possible so it would in no way negatively effect voters. Citizen Input Chairman Pro-Tern Runyon opened and closed citizen Input, as there was none. 2 10/27/09 Airport Budget Ovid Seifers, Airport Recorded Planning Files There were none. Eagle Valley Sustainable Design Team Update Chris Green, AGO Studios, Inc. Recorded Airport Solar Work Session Adam Palmer, Community Development Recorded Landfill Budget Ron Rasnic, LandfIll Recorded Attest: =+- 3 10/27/09