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Minutes 10/12/10 PUBLIC HEARING October 12, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Kathy Scriver 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: 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 October 11, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for October 21, 2010 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Board of Commissioners Meetings for August 31 and September 7, 2010 Teak Simonton, Clerk & Recorder D. Eligible Government Entity Agreement between the Statewide Internet Portal Authority of the State of Colorado and Eagle County, Colorado Regarding the Transmission of Electronic Information Scott Lingle, Innovation & Technology E. Colorado Department of Public Health and Environment Contract Amendment No. 1 of Master Contract for the Immunization Program Anne Robinson, Health & Human Services F. Bill of Sale, Acknowledgement and Indemnification Agreement for Transfer of Ownership for Shelter Trailer to the Western Colorado Chapter of the American Red Cross Barry Smith, Emergency Management G. Resolution 2010 -126 Repealing and Restating Resolution No. 07 -21 Concerning the Control, Licensing, Impoundment and Disposition of Animals Shawn Markmann, Animal Services H. Seventh Amendment to Sand and Gravel Mining Lease between Eagle County and Lafarge West, Inc. 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 stated that there were no concerns. Commissioner Runyon thanked Shawn Markmann for his work on Item G. Commissioner Runyon asked Ann Robinson about the immunization program. 1 10/12/2010 Ms. Robinson stated that the immunization program was underway. Vaccines are received from the state free and the county passed on that savings to the local population. Commissioner Runyon asked if the drive by program would be available. Ms. Robinson stated that the program would be available at the Gypsum and Avon Urgent Care Facilities. The goal was to get as many people as possible vaccinated. The flu vaccine would include H1N1. Commissioner Runyon moved to approve the Consent Agenda, Items A -H. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened citizen input. Chairman Fisher introduced Matt Scherr from the Eagle Valley Alliance for Sustainability. Mr. Scherr, publicly recognized Ron Rasnic who recently retired from the county, for his service and his work in the areas of waste diversion. He encouraged the board to find someone with the same values, experience, and expertise. Commissioner Stavney shared Mr. Scherr's goals and understood the importance of changing people's behavior, collection points, and the work that still needed to be done. Mr. Scherr stated that the recycling drop off sites could not be successful until the towns had a vested interest in them. He encouraged the towns to have a piece of ownership and work with the county. He introduced Jennifer Shank the Executive Director of the Eagle Valley Alliance. Ms. Shank stated that she looked forward to working the county. Chairman Fisher welcomed Ms. Shank and looked forward to working with her. She understood the challenge and believes the county could get to the next level. Commissioner Runyon welcomed Ms. Shank. He believed that the community needed individuals with the dedication that Mr. Scherr had shown over the years. He expressed his disappointment that Ron Rasnic chose to take early retirement. He wished Mr. Rasnic the best. Chairman Fisher closed citizen input. Resolution 2010 -127 Board of County Commissioners of Eagle County Opposing Proposition 101 and Amendments 60 and 61 County Attorney's Office Representative Mr. Treu stated that there had been similar resolutions passed by local governments throughout the county. The fair campaign practices act allows government entities to do this. He did not know of a single government . entity in favor of proposition 101 and amendments 60 and 61. There would be a special budget session next week that would look at the numbers if the amendments and proposition passed. Mr. Lewis spoke about a document received from the Bell Policy center in Denver that described some of the decreases that could happen with the general fund revenue and road and bridge revenue based on proposition 101. He explored what the law said in amendments 60 and 61. He spoke about what would have happened if the county had not de- Bruced. The county could not increase the mill levy without voter approval. Because of conservative county leadership, the mill levy had been reduced on Road and Bridge. However now with dramatic increases in cost there was a budget issue with Road and Bridge. Chairman Fisher asked when the Road and Bridge mill levy was reduced. Mr. Lewis stated that starting in 1994 every 4 years it was reduced slightly from 2.7 to 1.7. This was due to an increase in property values. Prop 101 would take away specific ownership taxes, which affects the general fund. It takes away some of the licensing fees that go to the highway users tax fun which was the other main source of revenue to Road and Bridge. It was unclear about the effects on the open space funds. Mr. Treu stated that there were still many uncertainties. Mr. Lewis stated that the numbers in the resolution did not include the COP's from the maintenance and justice center. The total just to the general fund was a 24 million dollar decrease annually within 4 years on top of the decrease that the county had already planned for 2012. He would be working with the department heads to determine what would happen if Proposition 101 and Amendments 60 and 61 were to pass. 2 10/12/2010 Commissioner Runyon spoke about how even the most conservative counties in Colorado opposed the proposition and amendments. He believed it was a far right libertarian view, not rational and destructive. Commissioner Stavney believed the county was reducing government and responding to the economy. By 2012, the county would have reduced government by about 27 %. What approval of proposition 101 and amendments 60 and 61 does potentially to our schools would be catastrophic. Commissioner Runyon stated that this highlighted a peripheral problem in the state of Colorado. These groups get people to sign petitions with no understanding of the implications. It gives direct government a bad name. i n included an Exhibit which listed 500 agencies within Chairman Fisher noted that part of the resolut 1 o cud A, g the state who have passed similar resolutions opposing Proposition 101 and Amendments 60 and 61. The commissioners shared in the reading of the resolution into the record. Commissioner Stavney moved to approve the resolution of the Board of County commissioners of Eagle County opposing Proposition 101 and Amendments 60 and 61. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stavney thanked staff for their work on the resolution. Currently the county was experiencing a 30% reduction in property value and if these pass and local governments cannot provide services, he did not believe this would improve property values in the future. Attorney Update Bryan Treu, County Attorney It was moved that the board go into Executive Session for the purpose of receiving legal advice and discussing matters that may be subject to negotiations regarding land use regulation compliance issue, proposed open space acquisition and Lapin meeting, all of which are appropriate topics for discussion pursuant to C.R.S. 24- 6-402(4)(b) and (e), Colorado Revised Statutes. At the close of the discussion, it was moved, seconded and unanimously agreed to adjourn from Executive Session. Planning Files PDA -00067 Cordillera Valley Club Planned Unit Development Amendment Bob Narracci, Planning NOTE: Tabled from 08/31/10. To be Tabled to 11/16/10 ACTION: To amend the condition of approval of the Cordillera Valley Club Sound Mitigation and Landscaping berm. LOCATION: North side of I -70, extending the boundary of the Cordillera Valley Club. Mr. Hunn stated that the applicant requested a tabling of the file until November 16, 2010. Commissioner Stavney moved that the board table file PDA -00067 Cordillera Valley Club Planned Unit Development Amendment at the applicant's request, until November 16, 2010. Commissioner Runyon seconded the motion. The vote was declared unanimous. There being no further business before the "ida o -eti _ . s adjourned until a , ctober 19, 2010. • ` ii. • Attest:. ! .r��./ " * * _/ b ■AvA1 - k to the Bo fd Cha • . 3 10/12/2010