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HomeMy WebLinkAboutMinutes 11/12/19 PUBLIC HEARING November 12, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Beth Oliver Deputy 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 Chandler-Henry thanked all the Veterans who work at the county and live in the county. The local VFW(Veterans of Foreign Wars)post and the county veteran service office did a great job of putting together a ceremony at Freedom Park. She also gave a shout out to all the folks who were election judges last week. The election came off seamlessly as it always did. Eagle County Clerk and Recorder Regina O'Brien did a great job, and there were many people helping. Commissioner Scherr thanked everyone for passing Issue 1 A, establishing a tax on nicotine. He also reminded everyone about the Family Leadership Training Institute beginning January 4,2020.Applications were now being accepted. Those interested could go to fltiofcolorado.colostate.edu to sign up. Chairman McQueeney added her appreciation to Regina O'Brien's office. The election went well. She sent her appreciation to the 38%of the voters that sent in their ballots. She encouraged more participation. She believed the State of Colorado did a good job making it easy to vote with a mail in ballot. County Manager Updates Jeff Shroll echoed a thank you to all the veterans,county, and staff. He also welcomed the new Eagle County Transit Director,Tanya Allen. Consent Agenda 1. Agreement for Services between Eagle County and Citadel Security and Investigations,LLC Ron Siebert,Facility Management 2. Intergovernmental Agreement between Pitkin County and Eagle County for Tobacco Control Work in the Eagle River Valley Mandy Ivanov,Public Health and Environment 3. First Amendment to Agreement between Eagle County and Centennial Recycling LLC Mandi Nolan, Solid Waste&Recycling 4. First Amendment to Agreement between Eagle County and Vail Honeywagon Enterprises LLC Mandi Nolan, Solid Waste&Recycling 1 11/12/2019 5. Consent to Assignment and Assumption of Tree Farm Subdivision Improvements Agreement Beth Oliver,Attorney's Office 6. Consent to Assignment of Tree Farm Planned Unit Development Beth Oliver,Attorney's Office 7. Intergovernmental Agreement Between Eagle County and the Town of Minturn Regarding Referral of Land Use Development Applications and Joint Planning Activities Beth Oliver,Attorney's Office Commissioner Chandler-Henry moved to approve the Consent Agenda for November 12, 2019,as presented. Commissioner Scherr seconded the motion. The vote was declared unanimous. Constituent Input Chairman McQueeney opened and closed constituent input, as there was none. Business Item 1. Resolution 2019 Against the Expansion of the Mid-Continent Quarry, aka the Transfer Mine Trail, and Supports County Regulation of the Mine Rhea Silverkorn,Administration Executive Summary: Rocky Mountain Resources("RMR")owns a small limestone mine known as the Mid- Continent Quarry, aka the Transfer Trail Mine, overlooking the City of Glenwood Springs in Garfield County, Colorado. RMR is seeking to expand mining operations by 5,000%. The proposed expansion would lead to large visual impacts in Garfield County, significantly increase truck traffic in the area, damage the region's tourist economy, and seriously impact the water and air quality thousands of rural Coloradans. The Garfield County Board of County Commissioners has issued a Notice of Violation concluding that RMR is not operating the Mine in compliance with the applicable Resolutions and Special Use Permit and requiring RMR to correct the violations on or before June 1,2019. RMR is claiming the County does not have authority to enforce the Resolutions and Special Use Permit against RMR and has requested a court to rule that RMR is not subject to the Notice of Violation. The claim by RMR that a County lacks the authority to enforce a Special Use Permit could have a negative impact throughout Colorado and limit the ability of all counties to protect residents from harmful environmental impacts of the extraction industry. The Board of County Commissioners officially declares its opposition to the Mine expansion and supports Garfield County's demand that RMR comply with local regulations, County Resolutions and the Special Use Permit. Debra Figueroa, Glenwood Springs City Manager introduced Councilman Charlie Willman,Mayor Jonathan Godes, and City Attorney Karl Hanlon. Councilman Willman spoke. The impact of the proposal by RMR was significant to the streets and the town. The Bureau of Land Management had accepted a plan of operation which increases the mining operation by 5,000%. RMR was seeking 24-hour a day operation right outside several residential neighborhoods in the community and adjacent to the Iron Mountain Hot springs and the Glenwood Caverns Adventure Park. The City of Glenwood Springs would not get any positive impact from the development or any tax revenue. It would 2 11/12/2019 negatively affect tourism and the retail economy. The runoff from the operation into the river and the water needed to operate the mine would be significant. Mayor Godes of Glenwood Springs stated that they were opposed to the mine in principal on what it would do to their economy. Garfield County had found violation of RMR's permit at least six times. The lawsuit by RMR alleges that Garfield County did not have the right to regulate extraction or mineral development in land adjacent to municipalities. If RMR won their lawsuit, it there would be statewide impact every county in the state. Mr. Hanlon stated that Garfield County did not have adopted 1041 regulations like Eagle County so the challenge of the federal lawsuit would undermine 1041 regulations in the State of Colorado. They are concerned with the way the process was being handled and how they would move forward. They were looking for support for both Garfield County as well as Glenwood Springs. The Congressional Delegation,with the exception of Senator Cory Gardner, had been very supportive of their position. They'd also received the support of Congressmen Tipton, Senator Bennet,and Congressmen Neguse. Chairman McQueeney asked about Garfield County not having 1041 powers. Mr. Hanlon stated that Garfield County had 1041 powers but they have not adopted 1041 regulations. Commissioner Chandler-Henry stated that Eagle County had not heard from Garfield County. She wondered why and if they'd asked the city to represent them. Ms. Figueroa stated that they had contacted Garfield County to let them know they were meeting with Eagle County and they were fine. Mr. Hanlon stated that Garfield County was in an awkward position where they were the regulatory agency being challenged in federal court. Commissioner Chandler-Henry asked about RMR's request for a categorical exclusion. Mr. Hanlon stated that RMR was to do a hydrologic study and request a categorical exclusion. Under the new rules they had one year to complete the study. Commissioner Scherr stated that he understood concerns of this type of event,and he wanted to make sure that anything done in Eagle County would useful and impactful. He was concerned that the resolution had not been requested from the county itself. He wondered if this was the best way to show support. Mr. Hanlon believed this was very impactful on the political side not on the legal side. Chairman McQueeney believed that there needed to be a phone call to Garfield County to make sure Eagle County was not stepping on toes and the resolution needed to be reviewed by county staff. Beth Oliver stated that it was possible that Eagle County could serve as a referral agency in the permitting process. Mr. Godes stated that their fundamental concern was that if RMR were successful in the federal lawsuit, there wouldn't be a special use permit. Commissioner Chandler-Henry concurred with Chairman McQueeney in supporting their efforts and believed that there was a need to speak up,but they needed to do a double check. Commissioner Chandler-Henry moved to table the resolution opposing the Expansion of the Mid- Continent Quarry, aka the Transfer Mine Trail, and Supports County Regulation of the Mine. Commissioner Scherr seconded the motion. The vote was declared unanimous. 2. Resolution 2019-083 Concerning Appointments to the Eagle County Fair and Rodeo Advisory Council Tanya Dahlseid,Fair and Rodeo Executive Summary: To reappoint Hanna Albertson and Loyd Gerard to the Fair and Rodeo Advisory Council Commissioner Scherr moved to approve the resolution concerning the Appointments to the Eagle County Fair and Rodeo Advisory Council. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Scherr moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3 11/12/2019 Eagle County Housing and Development Authority 1. Agreement for Professional Services between Lake Creek Village LLC and LKSM Design Architecture Daniel Murray,Housing Executive Summary: Lake Creek Village's trash system is outdated and not environmentally friendly. The main trash disposal area is at the entrance of the parkway and utilizes a compactor system. This system is dangerous and encourages illegal dumping as it's easy for people to drive in, dump trash and drive out without any consequences. Our work with LKSM Design will help redesign the property's trash system. We are looking to add more structures, more recycling opportunities and add a full camera system to discourage and eliminate illegal dumping. We're also going to work with residents to teach them the benefits of recycling and hope that more trash receptacles will encourage them to be more environmentally friendly. Mr.Murray stated that the agreement would provide a redesign of the trash system and enable better recycling practices. Commissioner Chandler-Henry moved to approve the agreement for Professional Services between Lake Creek Village LLC and LKSM Design Architecture. Commissioner Scherr seconded the motion. The vote was declared unanimous. Commissioner Scherr moved to adjourn as the Eagle County Housing Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room 1. Review of the 4th Supplemental Budget 2. Planning Commission Re-Appointment Update 3. Follow up discussion of the 2020 draft budget 4. Fairgrounds Rental Rate Increase 2020 EAG[F N. CoG ti z� There being no further business s - `. e,:o r• the meeting was adjourned until November 19, 2019. C61ORA00 ratie Attes �_ _ r !C i. ill to the Board C an 4 11/12/2019