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HomeMy WebLinkAboutMinutes 12/11/12 PUBLIC HEARING December 11, 2012 Present: Peter Runyon Chairman Jon Stavney . Commissioner Sara Fisher Commissioner Keith Montag County Manager Beth Ayres-Oliver Assistant County Attorney Teak Simonton 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 Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of December 10,2012 (subject to review by the Finance Director) Finance Department Representative B. Approval of the Minutes of the Eagle County Commissioner Meetings for September 18,October 2, October 9,October 16 and October 23, 2012 Teak Simonton,Clerk and Recorder C. Resolution 2012-122 Concerning Appointments to the Eagle Cemetery District Board Attorney's Office Representative D. Resolution 2012-123 Concerning Appointments to the Eagle County Regional Transportation Authority ECO Transit Representative E. Colorado Department of Human Services Certification of Compliance County Merit System 2013 Rita Woods,Health&Human Services F. Immunization Services Agreement with Rocky Mountain Health Maintenance Organization,Inc. Jennifer Ludwig,Health&Human Services G. Intergovernmental Agreement between Eagle County and the Town of Gypsum for Animal Services Shawn Markmann,Animal Services H. Intergovernmental Agreement between Eagle County and the Town of Eagle for Animal Services Shawn Markmann,Animal Services I. Intergovernmental Agreement between Eagle County and the Town of Avon for Animal Services Shawn Markmann,Animal Services J. Extension of Reinstated and Amended Cable Television Agreement between Eagle County and C'enturyTel Televideo, Inc. Kris Friel, Communications K. Resolution 2012-124 Approving Documents Associated with the Purchase of a Conservation Easement and Public Access Easements on the Colorado River Ranch Located in Eagle County,Colorado and Authorizing any of the Eagle County Commissioners to Execute all Documents Necessary for the Preservation of the Property 1 12/11/2012 Toby Sprunk, Open Space L. Resolution 2012-125 for Approval of the Use of Open Space Funds for the Purchase of the Minturn Boneyard Property Located in Eagle County, Colorado Toby Sprunk, Open Space M. Resolution 2012-126 Approving Documents Associated with the Purchase and Conservation of the Nottingham Red Dirt Property Located in Eagle County, Colorado and Authorizing any of the Eagle County Commissioners to Execute all Documents Necessary for the Acquisition and Preservation of the Property Toby Sprunk, Open Space N. Second Amendment to the Agreement between Eagle County and Western Eagle County Metropolitan Recreation District Ron Siebert,Facilities Management O. Agreement between Eagle County and Vail Valley Medical Center Diversified Services,Doing Business as Eagle Care Medical Clinic for the Provision of Prenatal Health Care Services Jennie Wahrer,Health&Human Services P. Agreement between Eagle County and Schmueser Gordoh Meyer, Inc., for Professional Design Services for Valley Road Realignment Eva Wilson,Engineering Q. Agreement between Eagle County and Schmueser Gordon Meyer, Inc., for Professional Design Services for El Jebel Road Improvement Eva Wilson,Engineering Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Beth Ayres -Oliver,Assistant County Attorney stated that there were no issues. Eva Wilson explained the two El Jebel road impact projects. Commissioner Fisher spoke about item C and the new appointees to the Cemetery District. She recognized Kathy Heicher for her time on the District Board. Toby Sprunk spoke about the two closings coming up. Shawn Markman spoke about the Animal Services contracts with the towns. They do not have an IGA with the Town of Basalt as they handle their own animal control. About 5%of the Eagle County population is in the unincorporated portion of the Roaring Fork area of the County. Chairman Runyon spoke about the incident that spurred the need for leash laws. Commissioner Fisher spoke about the goals,which included safety and security of the animals and more importantly the humans. Commissioner Stavney moved to approve the Consent Agenda,Items A-Q. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Chairman Runyon opened and closed citizen Input, as there was none. Commissioner Stavney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. 2 12/11/2012 Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Enterprise Hotels of Colorado,Inc. d/b/a Rocks Modern Grill #25-39682-0000 This is a renewal of a Hotel&Restaurant License in Beaver Creek. 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 and proof of server training has been provided. B. Doog Properties SB,LLC d/b/a State Bridge #25-57457-0000 This is a renewal of a Tavern License in Bond. 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 and proof of server training has been provided. C. Fine Line Foods,Inc. d/b/a Fine Line Bar and Grill #2868556-0000 This is a renewal of a Hotel&Restaurant License in El Jebel. 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 and proof of server training has been provided. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for December 11, 2012 consisting of Items A-C. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: New New, LLC TRADE NAME: Hooked REPRESENTATIVE: Riley Romanin, Owner LOCATION: 122 The Plaza,Unit 23 B—Beaver Creek REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested the transfer of a Hotel and Restaurant liquor license.MNN,LLC d/b/a The Flying Pig currently holds the license. A Temporary permit will allow the applicant to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant,the names and addresses of the president,vice-president, secretary and managing officer,the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3 12/11/2012 3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed. 4. The application for the Temporary Permit has been filed no later than thirty(30)days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. DISCUSSION: Ms. Scriver presented the file. Commissioner Stavney asked Mr. Romanin to talk about his experience. Mr.Romanin explained that he started at Markos pizza and has had much local restaurant experience. Commissioner Fisher stated that the menu looked great. Mr. Romanin explained that the seafood comes in next day air from the fish markets. He went straight to the purveyor where the fish was caught to get the freshest available product. He stated that he planned to start with 11 a.m.until 10 p.m. During major holidays,he may stay open until midnight and possibly opening for breakfast on Saturday and Sundays. Commissioner Stavney wished him well in his endeavors. Commissioner Fisher asked about the separation of the decks and how this would be managed. Mr.Romanin explained that there was only one deck,which was connected. The diagram merely included a detailed diagram with the deck measurements. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to New New, LLC d/b/a Hooked which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty(120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one-hundred-twenty day period and the transferee demonstrates good cause,the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty(60)days. Commissioner Fisher seconded the motion.The vote was declared unanimous. APPLICANT: The Lost Cajun Edwards, LLC TRADE NAME: The Lost Cajun REPRESENTATIVE: Raymond Griffin and Jonathan Espey, Owner(s) LOCATION: 56 Edwards Village Blvd. R 7 Unit 112—Edwards, CO Corner at Edwards REQUEST: Hotel and Restaurant liquor license STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant filed an application for a Hotel and Restaurant liquor license on October 16,2012 to operate at 56 Edwards Village Blvd. in the"Corner at Edwards". The restaurant is currently open for business and is owned and operated by Raymond Griffin and Jonathan Espey of Frisco. Jon Espey is the"Chief Fun Officer"at the Lost Cajun—Frisco,open since October 2010 and Mr. Griffm is a partner in the Lost Cajun—Breckenridge, open since July 2012. The restaurant offers Louisiana favorites 7 days a week from 11:00 am— 10:00 pm. Kirby Cosmos BBQ held a Hotel and Restaurant liquor license at this location but the license expired in July of 2012 before it could be transferred. Ms. Scriver described the file. The current operators have been open since October 30th. The application was received on October 16th. The restaurant will offer Louisiana favorites. ESTABLISH NEIGHBORHOOD: 4 12/11/2012 The first order of business is to establish the neighborhood. Staff recommends that the definition of the"neighborhood"include the area within a two-mile radius from the proposed location(105 Edwards Village Blvd.)This area includes but is not limited to Arrowhead,The Reserve, River Pines,Homestead, Old Edwards Estates, and Singletree. Commissioner Stavney moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Commissioner Fisher seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Local Licensing Authority have been provided with copies of the petition submitted by the applicant. The Board will consider the reasonable requirements of the neighborhood,the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires,per the Colorado Liquor Code, Section 12-347-301 (2) (a). 2. Petition circulation was conducted by the applicant.The results were as follows: • 55 Signatures Favoring Issuance OTHER LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease,rental,or other arrangement for possession of such premises. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicants are of good moral character. STAFF FINDINGS: 1. The applicant has filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicant(s) are 21 years of age and reported to be of good moral character. 3. Public notice was given by the posting of a sign in a conspicuous place on the premises November 30,2012 and publication in the Eagle Valley Enterprise on November 29th and December 6, 2012. 4. The premises are not within 500 feet of a location for which,within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted a lease(proof of possession of premises). 5 12/11/2012 7. Staff received no response in regards to the referral letter from the Eagle County Treasurer, Sheriff's Office, or Building Department. 8. The Eagle County Environmental Health Department, Community Development Department,and Engineering Department expressed no concerns with the application. 9. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority. 10. The applicant has met all the necessary requirements for a Hotel and Restaurant Liquor License. DISCUSSION: She asked the applicants to explain their story. Mr. Griffin described that he is originally Barataria,Louisiana and was involved in fishing trips,but after the hurricanes and oil spill,he decided it was enough and opened one restaurant in Breckenridge and it was very successful. They turned a profit in the first year so they decided to expand. The concept was a family fun place with a great atmosphere similar to a New Orleans Bistro. The manager of the Edward's Corner insisted that they look at his spaces and hoped they would open a restaurant in his location. Since they opened,they had partnered with the Battle Mountain cheer squad for fundraising events. They were not a bar,but need to have beer to offer to diners. Commissioner Stavney asked if the nature of the operation was such that people would stay and sit at the bar. The applicants indicated that most people would sit down, eat dinner and leave. Commissioner Fisher moved that the Board find that there is a reasonable requirement and desire for the issuance of this license,therefore approve a Hotel and Restaurant Liquor License for The Lost Cajun- Edwards,LLC d/b/a The Lost Cajun based on the testimony,petitions, and evidence submitted today and incorporating the staff findings. Such license is to be issued upon the written findings and decision of this Board and upon a final inspection of the premises by the Clerk and Recorder's Office to determine that the applicant has complied with the site information provided today. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: Vail Valley Pharmacy,LLC TRADE NAME: Vail Valley Pharmacy REPRESENTATIVE: Laurence,Nisonoff, Owner LOCATION: 0105 Edwards Village Blvd.,Unit G 106-108 Edwards Village Center, Edwards 81632 REQUEST: Liquor-Licensed Drugstore license STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant,Vail Valley Pharmacy, LLC submitted an application for a Liquor-Licensed Drugstore license on August 6,2012. Vail Valley Pharmacy has been open since March of 2012 and offers a full-service pharmacy staffed with licensed pharmacists and technicians. They also carry a full array of over-the-counter products including pain relievers, cold and flu products, vitamins/supplements,hair care products,bath products, baby products, and dental hygiene products. In addition,they offer boutique moisturizers and bath products,all- natural household products, soy-based candles, and gifts items such as watches,beads, scarfs and handbags. The store will mostly sell wine and some spirits(scotch,vodka, etc.). 6 12/11/2012 A liquor-licensed drugstore license allows the selling of malt,vinous, and spirituous liquors in sealed containers for consumption off the premise. Licensees must maintain a bona fide pharmacy and maintain drugstore operations at all times as a condition of this class of license. A licensed pharmacist must staff the prescription compounding area, 50%of the time, each day. The license also allows for tastings and delivery services. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommended that the definition of the"neighborhood"include the area within a two-mile radius from the proposed location(0105 Edwards Village Blvd.)This area includes but is not limited to Arrowhead,The Reserve, River Pines,Homestead,Old Edwards Estates, and Singletree. Stavney moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Commissioner Fisher seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Local Licensing Authority have been provided with copies of the petition submitted by the applicant along with various letters in support of and opposing the issuance of this license. The Board will consider the reasonable requirements of the neighborhood,the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires,per the Colorado Liquor Code, Section 12-47-301 (2) (a). 2. The first petition was circulated by owner,Kent Lambrecht,Vail Valley Pharmacy. The results were as follows: • 95 Signatures Favoring Issuance 3. A second petition was circulated by Larry Nisonoff,Vail Valley Pharmacy. The results were as follows: • 86 Signatures Favoring Issuance 4. A third petition was circulated by Oedipus, Inc. • 319 Signatures were gathered in the residential areas of the defined neighborhood,253 signatures favoring the issuance, 66 signatures opposing the issuance of the license. OTHER LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease,rental, or other arrangement for possession of such premises. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicant is of good moral character. 7 12/11/2012 STAFF FINDINGS: 1. The applicant has filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicant is over 21 years of age and reported to be of good moral character. 3. Public notice was given by the posting of a sign in a conspicuous place on the premises November 21, 2012 and publication in the Eagle Valley Enterprise on November 22 and 29, 2012. 4. The premises is not within 500 feet of a location for which,within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. 7. There were no concerns expressed by the Eagle County Engineering Department, Sheriff's Office, Treasurer Office, Community Development Department, or Building Department. 8. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority and server training will follow with the approval of this application. 9. The applicant has met all the necessary requirements for this class of license. DISCUSSION: Ms. Scriver provided the history of the application. Chairman Runyon stated that one person who was in opposition asked that he be allowed to call witnesses, however the board denied this right and had since learned that this was incorrect. In the subsequent meeting,the proponents were allowed to call witnesses. The file was extended to this meeting to allow Mr. Eskwith to interview witnesses,however Mr. Eskwith's wife was in poor health. Roger Morris was present to represent Mr. Eskwith as he was unable to attend in person. He asked that the file be continued to December 18, 2012. Rohn Robbins was present to speak on behalf of the applicant. He believed there was a point where due process was overly abundant. He did not believe that a specific individual had the right to present opposition. There was a point of inherent unfairness to the applicant. Ms. Ayres—Oliver spoke about the applicant being granted one continuance. Mr.Robbins stated that the second request for continuance was denied. Ms. Ayres—Oliver stated that the county was trying to make sure that the board had complete information. The potential tabling would allow Mr. Eskwith to attend the meeting and cross-examine witnesses. She believed this benefited all parties. Mr. Robbins stated that Mr. Eskwith had a chance to speak the first go round. The opportunity to call witnesses was the only thing denied Mr. Eskwith and he believed Mr.Morris could handle that exercise. He stated that there was no case law either way. Ms. Ayres—Oliver stated that in this situation the county wished to air on the side of caution. Mr. Morris stated that he could call witnesses and listen to evidence. He was no prepared to do so however, and was only in attendance to request a continuance. Mr. Robbins stated that the excuse of being unprepared did not have traction. If Mr. Eskwith did not have sufficient time to advise counsel that wasn't reasonable. 8 12/11/2012 Mr.Morris stated that the notice at the store says December 4th as the hearing date. Mr.Robbins stated that there were transcripts available. Chairman Runyon stated that there were two extenuating circumstances. Mr. Eskwith was denied the opportunity to cross-examine which at that time he was prepared to do. Even in the new circumstance,he did not have a chance to cross-examine the proponents' witnesses. He wondered if the proponents could re-present witnesses so that Mr. Eskwith could cross-examine them. Mr.Robbins stated that the opportunity to be heard was not denied Mr. Eskwith. The human issue was not relevant. He himself was heard and he had legal counsel present to call witnesses. Chairman Runyon opened public comment. Ms.Ayres—Oliver suggested limiting public comment to people who could not attend on the 18`h. Michael Caccioppo spoke to the board. He objected to the limitation of public comment. He agreed that litigation which could further complicate the situation was not preferable. He was on the opposite side of his position. Commissioner Stavney stated that Mr. Eskwith should be allowed due process. Mr. Eskwith had missed more meetings than he'd been able to attend. In another week, someone from the opposition needed to be here and be prepared to call witnesses. He would have no patience for a further extension. Commissioner Stavney moved to continue the Vail Valley Pharmacy application until December 18,2012. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Runyon apologized to the applicant. Mr. Robbins asked about the proponents attending the last three times. He asked that the following meeting be limited to Mr. Eskwith and his witnesses. Ms. Ayres—Oliver stated that she would not be comfortable limiting it to new public comment. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2012-127 Regarding Certain Actions in Connection with the Defeasance of Certain Bonds Issued to Finance the Lake Creek Affordable Housing Project, Acquisition of Lake Creek Affordable Housing Project from Lake Creek Affordable Housing Corporation and Transferring Title to the Project to Lake Creek Village, LLC, and Authorizing Execution of All Legal Documents in Connection Therewith Jill Klosterman,Housing Ms.Klosterman provided explanation of the refinancing. Commissioner Stavney recognized Jamie Fitzpatrick who passed away last week and the board's thoughts and prayers are with his family. He spoke about the amount of money that would be saved by this re-financing. He is very excited to have some cash flow to add amenities the property to the new makeup of the families that are there. Commissioner Fisher commended Ms. Klosterman for her work as well. Commissioner Runyon wondered what the rate was when the project was started. Ms.Klosterman indicated that the original rate was around 5%and the new rate is 2.5%. Ms.Klosterman spoke about the plan to do a Request for Proposal to add amenities and landscaping to the project. Commissioner Stavney thanked Senator Bennett's office for getting this moved forward with HUD. Commissioner Stavney moved to approve the resolution regarding certain actions in connection with the defeasance of certain bonds issued to finance the Lake Creek affordable housing project,Acquisition of Lake Creek 9 12/11/2012 Affordable Housing Project from Lake Creek Affordable Housing Corporation and transferring title to the project to Lake Creek Village, LLC, and authorizing execution of all legal documents in connection therewith. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2012-128 Adopting a Fifth Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2012 and Authorizing the Transfer of Budgeted and Appropriated Moneys between Various Spending Agencies John Lewis,Finance EAGLE COUNTY GOVERNMENT EXHIBIT A 12/14/2012 Department Description Amount GENERAL FUND Revenues: Confiscated Funds $ 18,423.00 Printing of EM Guides $ 300.00 Supplemental Contingency(Unassigned) $ 97,889.00 Unallocated Fund Balance(Unassigned) $ - Total Revenue $ 116,612.00 Expenditures: Sheriff Vehicle leases paid by confiscated funds $ 18,423.00 Emerg Mgt Printing of EM Guides $ 600.00 Attorney Arbitration fees $ 200.00 Attorney Increased legal services $ 27,000.00 Attorney Increased maintenance contracts $ 2,000.00 Attorney Increased other purchase services $ 4,200.00 Treasurer Abatement redemptions $ 10,800.00 HR HR furniture $ 2,000.00 FM Increased fleet charges/add'l vehicles $ 4,000.00 Project Mgt Increased fleet charges-fuel $ 630.00 Project Mgt Increased fleet charges-replacement&maint $ 739.00 Sheriff Increased fleet charges-replacement,rentals&maint $ 15,300.00 Sheriff Replacement vehicle $ 30,000.00 Emerg Mgt Wx Radio Receivers $ 720.00 $ 116,612.00 SOCIAL SERVICES FUND Revenues: HHS State Grant other $ 741.00 HHS State Grant other $ 2,675.00 HHS State Grant other $ 1,991.00 Unallocated Fund Balance(Assigned) $ - Total Revenue $ 5,407.00 Training $ 741.00 Aug/Sept PSSF Vouchers $ 938.00 Oct,PSSF Vouchers $ 1,072.00 10 12/11/2012 Holy Visa-training PSSF $ 245.00 2 Verizon @ 496.6 PSSF $ 992.00 Office Depot supplies PSSF $ 169.00 Rita Visa-Ipads&acces.PSSF $ 1,250.00 Total Expenditures $ 5,407.00 OFFSITE ROAD IMPROVEMENTS FUND Revenues: Developer Impact fees $ 25,000.00 Unallocated Fund Balance(Assigned) $ (23,650.00) Total Revenue $ 1,350.00 Miscellaneous Treasurer fees $ 1,350.00 Total Expenditures $ 1,350.00 SALES TAX R.F.V.TRANSPORTATION Revenues: Roaring Fork sales tax $ 70,000.00 Unallocated Fund Balance(Assigned) $ - Total Revenue $ 70,000.00 Expenditures: Roaring Fork sales tax disbursement-transit $ 70,000.00 Total Expenditures $ 70,000.00 SALES TAX R.F.V.TRAILS Revenues: Roaring Fork sales tax $ 8,000.00 Unallocated Fund Balance(Assigned) $ - Total Revenue $ 8,000.00 Expenditures: Roaring Fork sales tax disbursement-trails $ 8,000.00 Total Expenditures $ 8,000.00 AIRPORT FUND Revenues: Unallocated Fund Balance(Assigned) $ 10,290.00 Total Revenue $ 10,290.00 Expenditures: Concrete work on north side of ARFF building $ 10,290.00 Total Expenditures $ 10,290.00 OPEN SPACE FUND Revenues: 11 12/11/2012 Unallocated Fund Balance(Assigned)Increase $ (2,083,000.00) Total Revenue $ (2,083,000.00) Expenditures: Reduction in prospective land purchases $ (2,083,000.00) Total Expenditures $ (2,083,000.00) CAPITAL IMPROVEMENT FUND Revenues: Fema Grant-EOC $ 100,000.00 Unallocated Fund Balance(Assigned) $ 352,000.00 Total Revenue $ 452,000.00 • Expenditures: EOC(Emergency Operations Center) $ 200,000.00 MSC backup generator $ 52,000.00 MSC B&C matrix installation $ 25,000.00 Town of Basalt $ 175,000.00 Total Expenditures $ 452,000.00 FLEET SERVICES Revenues: Unallocated Fund Balance(Assigned) $ 55,000.00 Total Revenue $ 55,000.00 Expenditures: Additional heavy repairs $ 5,000.00 Bus lift project $ 12,000.00 Additional heavy parts $ 35,000.00 Heavy operating supplies $ 3,000.00 Total Expenditures $ 55,000.00 GENERAL SUMMARY All Funds FUND Additional Revenue $ 227,130.00 $ 18,723.00 Unalloc Fund Bal(Assigned and Unassigned)) $ (1,689,360.00) $ - Unalloc Fund Bal-Previously Funded Purchases $ - $ - Contingency Fund(Unassigned) $ 97,889.00 $ 97,889.00 Committed Fund Balance $ _ $ - Restricted Fund Balance $ - $ - Eagle River Preserve tipping fees Fund Bal $ - $ - Transfers In - $ (1,364,341.00) $ 116,612.00 Mr. Lewis explained the supplemental request. This is the last and fifth supplemental request and it is for a net decrease in the appropriated expenditures. He provided some details of impacts on the General Fund, Social Services Fund, Offsite Road Improvements Fund, Sales Tax R.F.V. Transportation Fund,Trails Fund,Airport Fund, Open Space fund and the Fleet Services Fund. Chairman Runyon spoke about the fact that confiscated funds used to remain outside of the county accounting processes,but are now part of them. Mr. Lewis indicated that there is more in the confiscated fund balance, and will be used as expenditures become needed. At this time only 18,000 is being used to apply for the vehicle lease. Commissioner Fisher stated that there are now solid reserves for replacement vehicles,which were previously inadequately funded. Mr. Lewis stated that some of the open space funds could be needed next year; 2013. Commissioner Fisher thanked the Finance Department and applauded the staff for the work that is done. 12 12/11/2012 Mr. Lewis commented that the supplemental contingency has$230,000 remaining this year. The payroll is also under budget by about$250,000 as well as being$750,000 -$1,000,000 under budget for the year. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher moved to approve the resolution adopting a fifth supplementary budget and appropriation of unanticipated revenues for fiscal year 2012 and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution 2012-129 Regarding the Matter of the Adoption of the Budget and the Making of Appropriations for the County of Eagle, State of Colorado, for Fiscal Year 2013 John Lewis,Finance Mr.Lewis provided the background and process. He showed a slide with the highlights of the proposed budget. He thanked the board for their guidance and direction as well as Mr. Montag and his staff. He thanked all departments as well. Chairman Runyon spoke about the difference in expenditures. Mr. Lewis stated that a big share of the reduction was the airport with the grants they received as well as the Open Space reduction for this calendar year. Chairman Runyon spoke about the difference between government finances vs.private business and the large potential swings due to one-time project fund flow-throughs. Chairman Runyon opened public comment. Michael Caccioppo thanked the finance and county attorney's office for their cooperation providing him with information. He wondered why the huge difference between 2012 and 2013 expenditures of almost$50 million. He wondered what the true cost of open space purchases when one figured in lost property tax revenues. He asked if the finance department had figured this out. Mr. Lewis stated that this had not been determined. Mr. Caccioppo responded that it should be put on the ballot again. Chairman Runyon spoke about the existing revenue,which due to the fact that it was mostly agriculture produced very little property tax. It was more complicated than what Mr. Caccioppo was stating. Property tax in and of itself did not cover the cost of providing services, so the expense side also needed to be considered. Mr. Caccioppo stated that the issue of low property taxes was a separate debate. Eventually, some of the land could be developed and produce revenues. Commissioner Stavney stated that these parcels were not making money,but added aesthetic value. Chairman Runyon stated that the increase in value of the immediate neighbors due to open space in the neighborhood. The long-term value would increase if further density were avoided in a neighborhood. Commissioner Fisher stated that as far as open space was concerned,the last election was clear about the people's choice. The two commissioners who were elected were clearly and openly not in favor of putting the question back on the ballot. The Eagle River Preserve was slated for commercial development,but the increased cost of county services by introducing population to the areas would be more costly overall than the gained property tax. She was surprised that the board took a more Republican look at the finances and being fiscally responsible. The quality of life per surveys conducted in the last 50 years was directly related to the environment and outdoor opportunities. She applauded staff for their efforts and the community at large. Commissioner Fisher moved to approve the resolution regarding the matter of the adoption of the budget and making of appropriations for the County of Eagle, State of Colorado, for Fiscal Year 2013. Mr. Caccioppo denied ever touching Commissioner Fisher. His comment was that when Ms.Fisher was first appointed as county clerk she switched office in the middle of her term. The idea that there was already an 13 12/11/2012 election on whether to retain the open space was not reasonable to him. He asked that two commissioners agree to put the question on the ballot. Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution 2012-130 Adopting the 2013 Fiscal Budget Mill Levy John Lewis,Finance Mr. Lewis showed some detail related to the setting of the Mill Levy. They are not asking for any increases in the Mill Levy. Decreases in revenue had been met with decreases in expenditures. Chairman Runyon spoke about high growth rates of 6—9%, which was matched by demand for services, which had changed since 2008. He believed that staff has done a remarkable job with less money and staff. Commissioner Stavney spoke about the decrease in valuation of approximately 30% equity was similar to what happened across the country. Eagle County was no different and the county had done its best to make adjustments. Commissioner Stavney moved to approve the resolution adopting the 2013 Fiscal Budget Mill Levies. Commissioner Fisher seconded the motion. The vote was declared unanimous. Planning Files SE-3907 Red Ridge Subdivision Exemption Bob Narracci,Planning Kelly Miller, Engineering Curtis Sanders,Representative ACTION: The purpose of this Subdivision Exemption is to create two legally separate lots,with a 144.33 acre parcel being conveyed to Pitkin County for open space and a 6 acre parcel with an existing single family residence to be retained by the property owner. LOCATION: 794 Hook Spur Road,Basalt area OWNER/APPLICANT: 'A AS Ranch Holdings LLC REPRESENTATIVE: Curtis Sanders,Esq. STAFF PLANNER: Kris Valdez 1. PROJECT DESCRIPTION A. SUMMARY: 1/2 AS Ranch Holdings is pursuing this subdivision exemption application in accordance with the Saltonstall Conservation Easement, for which Eagle County,Pitkin County and the Town of Basalt have agreed to fund the acquisition. In February 2012,the Eagle County BoCC authorized an expenditure of$2 million of open space funds for acquisition of the 150.33-acre Saltonstall Ranch parcel; less the six acre parcel being created by this subdivision exemption. The overall acquisition also includes a conservation easement on a portion of Mr. Saltonstall's property located adjacent to the Roaring Fork River. It is important to note that Mr. Saltonstall's river frontage property is separate from the Y2 AS Ranch. The property is approximately 150.33 acres and located at 794 Hooks Spur Road in Basalt, specifically in the Emma Planning Area of the Mid Valley Community Area Plan.The property is currently zoned Resource.The property was previously part of the Glassier Ranch and was subdivided off in 2004. Since 2004,the owner of the property has continuously operated the property for ranching and agricultural purposes. The owner has eliminated one residential structure which was on the property when the property 14 12/11/2012 was purchased.While under the current ownership,substantial improvements have been made to the flood- irrigation system located on the property increasing the agricultural viability of the property. The property currently contains a 3,956 square foot single family residence,as well as two manufactured homes, all of which are currently occupied.Each of the existing residential structures is served by its own on-site wastewater treatment system. The main residence has its own water well and the manufactured homes share a second water well.The property includes a third well,but this well is not used for domestic water. The property has legal access from Hooks Spur Road and through a private way license recorded at Reception Number 676360. The property will be subdivided into two legally separate parcels for the purpose of creating perpetual open space on the larger remaining parcel which will be owned by Pitkin County. The larger parcel will be approximately 144.33 acres and will be restricted with a conservation easement.The remaining approximately six acre parcel will include the existing single family residence which is occupied by the ranch manager and his family and will not be subject to a conservation easement,but will have a building limitation of 3,600 square feet. Access to and from the six acre parcel will be pursuant to the dedicated access and utility easement which crosses the open space parcel to Hooks Spur Road.The current draft conservation easement for the ranch property contemplates a building envelope for a building not to exceed 2,000 square feet but that would be subject to future land use review and approval to the extent required by the Eagle County Land Use Regulations in place at the time of the application. The open space parcel will be purchased through funds from Eagle County Open Space,Pitkin County Open Space,Town of Basalt,Mid Valley Trails,and Great Outdoors Colorado.A conservation easement is currently being developed and a management plan for the property which will include public involvement will be developed within the next year. B. SITE DATA: Surrounding Land Uses/Zoning: North: Hooks Spur Road,Janet C Hoople Trust/Resource South: Bureau of Land Management/Resource Preservation East: Laura Smith, Glassier Family LLP/Resource,Emma Farms LLC/Agricultural Residential West: Hooks Spur Road, LLC/Resource Existing Zoning: Resource Total Area: 144.33 acres of open space and 6 acres unencumbered Water/Sewer: Individual wells and sewage disposal systems. Access: Via Hooks Spur Road and Private Way License recorded at Reception No. 676360 2. STAFF REPORT A. REFERRAL RESPONSES: None B. MAJOR CONCERNS AND ISSUES: None. C. STAFF FINDINGS: Pursuant to Eagle County Land Use Regulations, Section 5-270, Subdivision Exemption: 1) The division IS NOT within the purposes of Section 5-280, Subdivision. 2) Adequate access,potable water,and sewage have been established. 3) The exemption WILL NOT create hazards and will preserve and protect a significant amount of open space and access to the BLM Crown Federal Land in perpetuity. 4) The parcels DO contain safe, adequate building sites. 15 12/11/2012 DISCUSSION: Mr. Narracci explained the request. He asked that the board approve the subdivision exemption. Commissioner Stavney felt that it was a good plan to work with the applicant and he liked the public access component. He was in favor given the greater public good. Chairman Runyon spoke about the Roaring Fork valley producing more potatoes than the state of Idaho. Mr.Narracci spoke about the existing home and the home that Pitkin County wants to retain to house a potential future caretaker for the property. He stated that the two existing modulars on the property would be gone in the next few months. Commissioner Fisher thanked Pitkin County and their participation in making this happen,and reiterated the importance of open space in that valley. Commissioner Fisher moved to approve File No. SE-3907, incorporating staff findings,based upon Eagle County Land Use Regulations Section 5-270(A)(1)(b)concerning perpetual open space and authorize the Chairman to sign and record the plat conditioned upon: 1. Delivery of all funding and documents to cause a scheduled closing for the acquisition and ultimate preservation of the approximately 144.33 acre '/2 AS Ranch Property located at 794 Hooks Spur Road, Eagle County, Colorado. 2. Such closing shall occur no later than June 11, 2013 or the subdivision exemption shall be of no force and effect. 3. Approval of this motion by the Board of County Commissioners at its meeting on December 11,2012 shall be considered final agency action by Eagle County, Colorado and its Board of County Commissioners. Commissioner Stavney seconded the motion. Chairman Runyon wondered about the public trail to access the crown and that the remainder of the property would be maintained as a ranch. Chairman Runyon called for the vote. The vote was declared unanimous. Executive Session for the Purpose of Receiving Legal Advice concerning the Castle Peak Senior Community Project (recorded) Jill Klosterman, Housing There being no further business before':= I 'le meeting was adjourned un:1 December 18,2012. - r o ` ` ,■ 4 Attest: i - _ _ , a ' to the Board � zoo ` ,•Y Chai -w�\ 16 12/11/2012