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Minutes 12/14/10 PUBLIC HEARING December 14, 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 December 13, 2010 (subject to review by the Finance Director) Finance Department Representative B. Resolution 2010 -146 Concerning an Appointment to the Eagle Valley Library District Board of Trustees County Attorney's Office Representative C. Resolution 2010 -147 Final Release of Collateral and Termination of the Warranty Period and Termination of the Subdivision Improvements Agreement for Donald K. Benedict and Deborah C. Benedict for Arlian Ranch, a Resubdivision of Lot 6, File No. SMB -00123 Engineering/County Attorney's Office Representatives D. Resolution 2010 -148 Matter of Granting an Extension to Previously Approved Bair Family Subdivision Planned Unit Development PDS- 00054, (Eagle County File No. PR -3006, Bair Family Subdivision PUD Extension) Adam Palmer, Planning Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that he had no comments. Commissioner Runyon moved to approve the Consent Agenda, Items A -D. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened public comment. Chairman Fisher announced formally that Kelley Collier had been promoted to the position of Director of ECO Transit. She had already taken some positive steps to address some of the concerns in the community. Mr. Montag announced that Jill Klosterman was now the Housing Director. She had been the assistant director for a number of years. Chairman Fisher closed public input. 1 12/14/2010 Intergovernmental Agreement for Provision of Public Assistance Services between Pitkin County, Colorado and Eagle County, Colorado Kathleen Lyons, Health & Human Services Ms. Lyons spoke about the 3 -year contract for Eagle County to provide public assistance services to Pitkin county residents. It had been an effective partnership for the two counties. Eagle County had benefited from increased knowledge and access to programs in Roaring Fork, access to Pitkin County's management team, increased staffing, and opened up access in the Aspen Office. Nan Sundeen, Pitkin County Director of Health & Human Services spoke about the importance of the partnership. She spoke about Ms. Lyon's leadership and willingness to have an open mind. By contracting with Eagle County, they are saving Pitkin County money. The Pitkin County Board of Commissioners approved the first reading and unanimously supported the partnership. Commissioner Stavney moved to approve the intergovernmental agreement for provision of public assistance services between Pitkin County and Eagle County. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2010 -149 Concerning the Abatement Settlement Recommendations of the Eagle County Assessor's Office Assessor's Office Representative Petitioner: Cordillera Golf Schedule Numbers: R042452 R041458 R056432 R063728 R045626 R047861 R055657 R047139 R051833 R055657 R056171 R047140 R051835 R056171 R051837 R047860 R063726 R047156 R052214 R045609 R063723 R031554 R052969 R041701 R056172 R041177 R052970 R040512 R041178 R056433 R056172 Ruth Berglund, Appraiser in the Assessor's office stated that this was just the adjusted the value of the 3.5 courses to their sale at 6 million dollars per course. All other golf courses had been adjusted as well. Commissioner Runyon asked about the value before the adjustment. Ms. Berglund stated that this would adjust them close to the 21 million dollar mark. The total impact to the county in 2008 was county was $66,000. Commissioner Runyon moved that the board approve the resolution concerning the abatement settlement recommendations of the Eagle County Assessor's Office as presented. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Stavney asked how differently a golf course was assessed if it were changed into open space. Mr. Chapin stated that it could become a common element and if that were the case the value would go away and/or would be absorbed by the homes in the development. Commissioner Stavney wondered how this would affect the value of a home alongside what was a golf course. Mr. Chapin stated that it would depend on how they were marketed and how the buyers react to the open space versus the golf course. 2 12/14/2010 Mr. Montag suggested that whenever there were maps or any illegible type of material perhaps it would be best if there were a link or the ability to look at the information electronically. Commissioner Runyon moved to adjourn as the Eagle County Board of Commissioners and re- convene as the Eagle County Air Terminal Corporation. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Meeting Airport Representative 1. Approval of November 9, 2010 meeting minutes Mr. Montag moved to approve the November 9, 2010 meeting minutes Mr. Runyon seconded the motion. The vote was declared unanimous. 2. Consideration of 2010 ECAT Budget Supplemental Mr. Anderson stated that this was the final budget supplemental for 2010. There was a correction to the airline rent amounts, which resulted in a small revenue increase. There was a depreciation expense, and a replacement of a fire alarm panel. Mr. Runyon spoke about the small variance and congratulated Mr. Anderson on his work. Mr. Stavney moved to approve the Resolution adopting a second supplementary budget for fiscal year 2010 as proposed. Mr. Runyon seconded the motion. The vote was declared unanimous. 3. Consideration of 2011 ECAT Budget Mr. Anderson presented some revisions from what was presented in the backup. The backup contained actuals and budgeted amounts between 2007 and up to the budgeted request for 2011. The total airline rent increased by $27,000, a 1.3% increase in the total rent requirement for 2010. Rental car revenue was down $12,638. Mr. Runyon asked about the increase in airline rent. Mr. Anderson stated that the increase was based on the rental agreements. Mr. Runyon wondered if there was a per passenger equation. Mr. Anderson explained that the formula for determining the airline rent was complex. Rather than it being based on projections it was based on numbers from previous years such as market shares. Overall, there was a total rental requirement for the airlines based on the total bond debt and annual costs. Mr. Treu stated that they considered the debt, principle, interest payments, and cost of running the terminal when setting the rates. The rates change every year. Mr. Runyon asked about the lower concession revenues. Mr. Anderson stated that those projections were based off the 2009 fourthquarter and 2010 first through thirdquarter revenues. There was a monthly minimum rent requirement as well as a percentage of gross revenue depending on the product. Mr. Stavney wondered if the airport should provide more retail opportunities and if any of the agreements had noncompete clauses. Mr. Treu stated that they were all non - exclusive. Mr. Anderson stated that they were not seeking additional retail opportunities. He believed that there was no additional space at this time. Mr. Runyon asked about the food revenue. Mr. Anderson stated that they were budgeting conservatively for 2011. The restructuring of the concession program led to $100,000 plus additional revenues for ECAT. Mr. Treu spoke about the increase in revenue being a result of the new restaurant vendor. Mr. Montag spoke about the need for a business plan for the terminal. He thought it would be a good idea to dovetail the master plan and business plan. 3 12/14/2010 Mr. Anderson spoke about capital improvements for 2010, which included the inline baggage project, hiring an interior designer consultant, checkpoint expansion, and walk behind pavement vacuum. Mr. Stavney was pleased to see a savings on building maintenance. He wondered if there was a 5- 10 year plan on maintenance and replacement. Mr. Anderson stated that they had a 5 -year capital projects list, which included a terminal counter replacement, baggage carousel enhancements, and parking lot improvements, curb repair, etc. Mr. Stavney asked if there was a 5 -10 year plan for interior items. Mr. Anderson stated that those items would be considered with the design consultant. The net income for the terminal was at $763,971, which included capital operation, bond debt, and revenue. Mr. Montag asked the fund balance on the capitol. • g p Mr. Anderson believed it was approximately $1.5 million. They played conservative in past years in anticipation of some large projects, this year they plan to spend some of the budget on some projects they haven't in the past. Mr. Stavney asked how solar related to ECAT. Mr. Anderson stated that any solar would be more on the airport budget side. Chairman Fisher asked about the FAA and master plan scope. Mr. Anderson stated that the ball was in the FAA's court to decide how to separate the work so there could be a second grant. Mr. Stavney believed that there should be work towards growing the concessions as revenues were shrinking. Mr. Stavney moved to approve the 2011 ECAT Budget. Mr. Montag seconded the motion. The vote was declared unanimous. 4. Consideration for execution: Agreement for operation of Pre - security Retail Concession, Eagle County Air Terminal Corporation, between Eagle County Air Terminal Corporation and Spring Creek Floral, Inc. Mr. Anderson spoke about this space adjacent to the High Mountain and Colorado Mountain Express counters in the baggage claim area. The term negotiated with Spring Creek Floral was less than a year term for the first season from execution of the lease through October 31, 2011 with two optional renewals for one year thereafter. The rent minimum was $1,000 a month or 10% of gross monthly revenues, the greater of. Ms. Fisher believed it was appropriate to disclose her relationship with Donna Fosse, Spring Creek Floral, Inc. Mr. Anderson stated that there was a request to give Donna Fosse relief on first month's rent for January. Mr. Stavney asked when she'd be open for business. Mr. Anderson stated early January. Mr. Stavney hesitated on that decision for consistency. Mr. Stavney move to approve the agreement between Eagle County Air Terminal Corporation and Spring Creek Floral, Inc. Mr. Runyon seconded the motion. The vote was declared unanimous. 5. New Business Mr. Anderson stated that the Inline Baggage System design document had been submitted to TSA. They were ahead of schedule on the project. Construction should begin in April or May. Mr. Montag asked if the airport was ready for the winter season. Mr. Anderson stated that all the seasonal staff had been hired and trained both on the air side and terminal side. Chairman Fisher asked about the total number of employees. Mr. Anderson stated that on the terminal side there were approx. 350 -400 employees. 4 12/14/2010 Ovid Seifers stated that on the air side they provided exceptional customer service as well. He spoke about airfield staff, safety, training programs, and the challenges of passing annual service inspections without write -ups. Mr. Runyon disclosed that his souvenir wholesale business had done business with NGSI, Charlies T's, and HDS and that always in the past when discussing leases with any of these businesses he had recused himself. Commissioner Stavney moved to adjourn as the Eagle County air Terminal Corporation and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Beaver Creek Food Services, Inc. d/b /a Broken Arrow Cafe #04- 84044 -0000 This is a renewal of a Hotel and Restaurant License w/ 2 -opt. premises in Edwards (Arrowhead). 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. B. Marko's Pizzeria of Edwards, Inc. d/b /a Marko's Pizzeria #06- 19233 -0000 This is a renewal of a Hotel and Restaurant License in Edwards. 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 C. High Country Pizza, LLC d/b /a Local Joe's Pizza #42- 72643 -0000 Resolution 2010 - 150 approving the application submitted by High Country Pizza, LLC for a Hotel and Restaurant liquor license in Edwards. These are the official findings of the board, as mandated by the Colorado Liquor Code. D. Vail Valley Mexican Foods, LLC d/b /a La Cantina — Beaver Creek #07 -67736 -0002 Resolution 2010 - 151 approving the application submitted by Vail Valley Mexican Foods for a Hotel and Restaurant liquor license in Beaver Creek. These are 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 December 14, 2010 consisting of Items A -D. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. 5 12/14/2010 2011 Office Supplies Bid Finance Department Representative Mr. Lewis spoke about the state requirement to advertise and accept proposals from suppliers for all books, stationary, records, printing, lithographing, and other such supplies. There were 8 bid proposals and the Staples was the lowest, they are able to meet the demands of the county, and have provided excellent customer service in the past. Commissioner Stavney spoke about the ridiculousness of this legislation. Commissioner Runyon agreed with Commissioner Stavney he wondered if legislation allowed the county to take into account that aspect of jobs for Eagle County citizens. Chairman Fisher did not believe that in the end it made a difference. Mr. Treu stated that the statutes only require the county to consider price, service, local preference (statewide), and past relationships. Chairman Fisher believed that most of the items were ultimately shipped out of a warehouse elsewhere. Commissioner Runyon stated that there were some non - national local businesses to consider. Commissioner Stavney asked Ms. Trifinova if she had any strong preferences. Mariya Trifinova reviewed all the bids and Staples was the lowest. Mr. Lewis stated that Office Depot was about 15% higher. Commissioner Stavney stated that he was satisfied with staff's findings but believed it was worthwhile to go through the exercise. Commissioner Runyon moved to approve selecting Staples as the county office supplier per staff recommendation. Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution 2010 -152 Adoption of the 2011 Budget Finance Department Representative Mr. Lewis passed out a cover letter that would be included in the budget book that supported the resolution. The total expenditures were $85,840,864 based on a total forecast revenue of $97, 951,052. The guidelines and objectives, economic indicators, overall budget highlights, details of the capital improvements program, and spending were included. Depreciation was included in the landfill and motor pool budget for government accounting standards. The health insurance social services fund, ECO trails and ECO vehicle replacement were spending more out of those funds than what wasbeing received. However, that was typical for those funds. Commissioner Stavney stated that there had been a work session and public hearing to discuss the budget; therefore he did not have any further questions. Commissioner Runyon believed it was worth noting that part of the effect of this 2011 budget was to increase the general fund reserves in anticipation of the drop in property tax revenue. Mr. Lewis stated that since 2008 the county was experiencing about a 10 -11 million - dollar drop m revenue. Chairman Fisher stated that this information as well as the budget would be available on the county website. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved to approve the resolution adopting the 2011 Budget as submitted. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2010 -153 Set 2011 Fiscal Budget Mill Levy Finance Department Representative Mr. Lewis stated that the mill levy as proposed was the same as the mill levy in 2010 and there were no increases requested. The total mill levy was $8.499 mills for the county, which equates to about 12 -13% of the 6 12/14/2010 total property tax that the taxpayer was paying. Half of that was for the general fund, 1.720 for road and bridge, .240 for social services, .061 for the capital improvement fund, 1.5 for the open space fund, and .054 for the insurance reserve fund. Chairman Fisher opened and closed public comment, as there was none. Commissioner Runyon moved to approve the resolution setting the 2011 Fiscal Budget Mill Levy as presented. Commissioner Stavney seconded the motion. The vote was declared unanimous. Planning Files PDA -00067 Cordillera Valley Club PUD Amendment Bob Narracci, Planning Department NOTE: File withdrawn by applicant 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. Narracci stated that the applicant was hopeful they would have the arrangements between the Cordillera Valley Club homeowners and Metro District and the owner of the golf course for improvement of the noise mitigation barrier but had not gotten there yet. So, the applicant had opted to withdraw the file as they work through the details. Commissioner Stavney spoke about the condition regarding the applicant paying $30,000 towards maintenance of the preserve or pedestrian walkways. Mr. Narracci stated that it was $20,000 and it was intended to go to the Eagle River Preserve and trail improvements. Technically, by this time they should have paid that money to the county. He worked through this with Mr. Morris and it was determined that rather than coming to the board it would be looked at comprehensively. The applicant may be back as early as January. Medical Marijuana Industry Bryan Treu, County Attorney and Bob Narracci, Planning Recorded Jail Inspection Eagle County Detention Center There being no further business before the " .'�. . , e meeting was adjourned until December 21, 2010. Attest : ' ` tar. v a Clerk to the Boars q� * C _ 7 12/14/2010