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HomeMy WebLinkAboutMinutes 08/27/19 PUBLIC HEARING August 27, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Brian 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: Commissioner Updates Commissioner Scherr wished everyone a happy Labor Day. He reminded everyone about the annual Rotary Duck Race this Sunday, September 1 in Vail. Chairman McQueeney stated that she was a member of the Early Childhood Leadership Commission. The commission had a meeting last week about a piece of legislation that passed this last session about the shortage of infant toddler care and family home care providers in Colorado. A survey was being circulated and would be on the County Early Childhood website as well. County Manager Updates Mr. Shroll reminded everyone that county offices would be closed Monday for Labor Day, ECO Transit systems would still be operational and on a full schedule. Consent Agenda 1. Resolution 2019-061 Appointing Referee for the 2019 County Board of Equalization Hearings Related to the Property Tax Exemption for Qualifying Seniors and Disabled Veterans Rhea Silverkorn, Administration 2. Approval of the Minutes for the Board of County Commissioner Meetings for July 23, July 30, August 5, and August 6, 2019 Kathy Scriver, Clerk&Recorder's Office 3. Shadowrock/Tree Farm Drive Road Closure Rickie Davies, Engineering Rickie Davies, Eagle County Engineer, explained that the Tree Farm Development was approved recently and development started on phase one in June. The next phase of phase one would extend a road closure further up Shadowrock Drive. He estimated it would take about a month to complete the utility work. In accordance with the Eagle County Land Use Regulations,the road closure was required to be approved by the board. Chairman McQueeney stated that the board understood the ramifications of the closure and the board gave this item a great deal of thought. 1 08/27/2019 Commissioner Scherr moved to approve the Consent Agenda for August 27, 2019, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Constituent Input Chairman McQueeney opened and closed constituent input, as there was none. Business Items 1. Resolution 2019-062 to Update Mental Health Advisory Committee Dana Erpelding,Public Health& Environment • Executive Summary: This update to Resolution 2018-007 - Eagle County Mental Health Advisory Committee is to appoint new terms and to replace one member,Jeannine Benson, as she can no longer serve in this role. Jeannine will be replaced with Chris Lindley as the Executive Director of Eagle Valley Behavioral Health. Dana Erpelding stated that the Mental Health Advisory Committee was a 10 member committee. One member, Jeannine Benson,was no longer practicing in the valley, so Chris Lindley was being appointed to the position. Commissioner Chandler-Henry moved to approve the resolution to update the Mental Health Advisory Committee. Commissioner Scherr seconded the motion. The vote was declared unanimous. 2. Resolution 2019-063 Designating August 2019 as Child Support Services Month Guadalupe Ontiveros Executive Summary: Resolution to designate August 2019 as Child Support Services Month Guadalupe Ontiveros thanked the board for their support and for joining the State of Colorado and declaring August as Child Support Services Month. She highlighted some of the accomplishments by Eagle County staff. In 2018,the State collected $354.2 million dollars in child support, and Eagle County collected $1,521,445.00. As of July 2019, the child support staff had collected $913,496.00 which equaled a 3% increase for this time last year. Commissioner Scherr moved to approve the resolution designating August 2019 as Child Support Services Month. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Resolution 2019-064 Approving November Ballot Language for Tobacco Tax Rhea Silverkorn,Administration Executive Summary: This resolution is to approve the ballot language to be included on the November ballot regarding taxation of tobacco and tobacco related products. Bill Ray from WR Communications will also go over the results from the August 2019 Mailer and Survey on tobacco and nicotine for Eagle County. Bill Ray, WR Communications Inc. stated that a mailer was sent on August 12th to 17,436 households in the county. There were 400 completed surveys returned. The survey indicated that 76.50%of respondents supported the tax increase, 49%of respondents indicated that this was a high priority. There was strong support for 2 08/27/2019 a$4 tax per pack. He highlighted some of the comments. A common theme was that those under 18 and joining the military should have the choice to purchase tobacco products. Commissioner Chandler-Henry asked Mr. Ray to address the reliability of the survey. Mr. Ray stated that the data corresponded to other scientific data. There was a balance across the county in responses. He believed the survey results were thoughtful. Chairman McQueeney believed that the county had come along way and moved very quickly on this issue. She appreciated everyone weighing in and attending today to share additional comments. Chairman McQueeney opened public comment. Nancy Cole, Eagle County resident, expressed support for the regulations. As a parent she expressed concern for the harmful effects of nicotine addiction. Both of her sons believed that getting caught at school, raising the cost, and implementing nicotine testing would be deterrents. Philip Qualman, Superintendent of Eagle Valley Schools, spoke. Issues related to vaping had increased far above drugs and alcohol. The School District's goal was to have a consistent policy in place, and they would be implementing random drug testing for any students participating in sports or activities. The new policy would include nicotine testing. Michelle Stecher, Executive Director of the Eagle River Youth Coalition, spoke. She commended the commissioners and the county for looking into measures to build a healthier and safer community. She believed that by pushing the age to 24, the odds were 20-1 that teens would never try a nicotine product in their life. Sheryl, owner of two local brick and mortar vape shops spoke. Her shops do not hire employees under the age of 21. They had strict policies in place for purchasing of their products. She pointed out that Juul pulled most of its flavors out of all brick and mortar stores. She did not have an objection against the price increase and supported the licensing regulations; however, the tax would punish stores like hers. California passed a law allowing for those joining the military with a military ID to purchase tobacco products at 18. Her research indicated that the United States was the only first world country that thought vaping was just as bad as cigarettes. She believed that vaping was a millennial product, and that there should have been additional outreach to reach those individuals. Gary Schalla of Mountain Family Health Center expressed support on the two initiatives. It has broken his heart to see young people taken to the hospital because of vaping products. Ada Borg, Chief Strategy Officer for Colorado Mountain Medical, spoke. She thanked the board for supporting the initiative. Chris Lindley, Director Eagle Valley Behavioral Heath,thanked Ms. Ivanov for all her hard work. There had been similar efforts in surrounding communities. He read a quote about the epidemic of vaping across the country. The quote came directly from the Kevin Burns, CEO of Juul. The quote expressed a need for quality standards moving forward and the concern for online sales of unknown products. Scott Prince from the Town of Avon spoke. He encouraged the county to pass the initiatives. Avon passed a tobacco tax and changed the age requirement to 21, but there were still disparities in the community where people could go outside of Avon to purchase the products. As a parent he had the conversation about vaping with his son. He believed education was important, however peer pressure made for poor choices. As of today, 18 states plus the District of Columbia and Guam had passed laws to increase the purchase of tobacco to 21.. Eagle Police Chief Joe Staufer spoke. He spoke about the peer pressure that kids faced in school. He believed there was a need for education. He thanked the board for their support. Avon Police Chief Greg Daly spoke. He spoke about their recent compliance checks. He indicated that the retailers in Avon passed and responded positively. Smoking was hip in the 50's and vaping has become hip today. Children are doing it because everyone else is doing it. This was a courageous move to make and the core reason for doing it is for the health and benefit of the children. Chairman McQueeney closed public comment. Commissioner Chandler-Henry thanked everyone for coming out today and for the parents who shared their stories. She believed that the overwhelming evidence was so great that it balanced the loss of personal freedom to buy and use nicotine products at age 18. There was also an increased cost to society, workforce, and developing brains. She understood the tax increase concerns, but she believed that the county had been thoughtful and would be transparent with the tax dollar usage. She believed the early nicotine addiction was leading to mental 3 08/27/2019 health illness. It was the government's role to protect public safety and public health. The county was in a good place to approve this, and she supported the age restrictions, licensing regulations, and putting this on the ballot. Commissioner Scherr concurred with Commissioner Chandler-Henry's comments and believed there should be state and federal level regulation. Chairman McQueeney added her thanks. She believed the two resolutions would help level the playing field with the neighboring communities and help to achieve the county's public health goals. Commissioner Scherr moved to approve the resolution approving the November Ballot Language for Tobacco Tax. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4. Resolution 2019-065 Regarding Tobacco Licensing Regulations Kathy Parker,Attorney Executive Summary: Proposed regulations to establish a licensing program to regulate the sales of cigarettes, tobacco products, and nicotine products to persons under the age of 21 and to administer a tax on such products, if a tax is approved by voters in November 2019. Mandy Ivanov, Eagle County Healthy Communities Coordinator, stated that the regulations would establish 21 as minimum legal sales age, establish a self-sustaining fee to cover administrative and enforcement costs, inform who was selling tobacco products and where, allow for local monitoring for compliance, and allow for timely meaningful penalties for non-compliance.The regulations would take effect on November 1, 2019 in the areas of unincorporated Eagle County. Lili Reynolds spoke about the increase in students using vape products and the increased use of tobacco products. • Ms. Ivanov stated that this region was one of the leading regions in the state for vape products. Underage youth were being sold these products illegally from brick and mortar stores. Ms. Reynold stated that vape products were introduced as a safer alternative to smoking. However, it was still nicotine, and the amount of nicotine that children were being exposed to was exponential. Young brains were highly susceptible to addictive substances. Nicotine increased the risk for anxiety and depression. These products were not FDA approved. She believed an effective community level solution was to increase the price in an effort to decrease initiation and use. Ms. Ivanov stated that Eagle County was leading the way and this trend was growing. Chairman McQueeney stated that the county had gotten to this point at the request of the Public Health Department and local youth leading the charge. Ms. Reynolds stated that she testified at the state level on behalf of HB-1033. She believed that a consistent policy was needed throughout the county Commissioner Chandler-Henry asked about the resources available. Ms. Ivanov stated that Colorado Quit Line had a teen page. There was also a text-based support system. Ms. Reynolds stated that the extra tax dollars collected would go into the Public Health Fund and allow for educational programs for parents and youth. Commissioner Scherr believed that education versus marketing was key. Implementing these regulations allowed for more meaningful penalties for violators. He expressed his appreciation to the Town of Basalt and the Town of Avon for leading the charge. Commissioner Chandler-Henry moved to approve the resolution regarding Tobacco Licensing Regulations. Commissioner Scherr seconded the motion. The vote was declared unanimous. 4 08/27/2019 Work Sessions - Eagle County Room 1. Clerk&Recorder November 5, 2019 Election Overview&Update Regina O'Brien 2. Broadband Study Update Scott Lingle, IT There being no further business befo - he meeting was adjourned until September 3, 2019. Z Attest: tiPr 01eJie-.4K-.r.---4 0 Clerk to the Bo.rd 'ORAD° C rman fID(4 • vV 1/4 5 08/27/2019