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HomeMy WebLinkAboutMinutes 03/16/2021 PUBLIC HEARING March 16, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Chandler-Henry Commissioner Jeff Shroll County Manager Holly Strablizky Assistant 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 McQueeney gave a shout out to Senator Bennet for being instrumental in ensuring that the childcare tax credit expansion was included in the American Rescue Plan. This would increase the childcare tax credit, a measure that would allow the most vulnerable parents to have a sigh of relief. She hoped it would remain a permanent funding source. Commissioner Chandler-Henry gave a shout out to both Senator Bennet and Congressman Neguse for getting the Core Act moving forward, it was now in the Senate. She also gave a shout out to the Eagle County Attorney's Office. The office had been working on legislative issues, complicated land use files,and assisted other county offices all while being short an attorney. Chairman Scherr thanked the congressional delegation and Attorney's Office for their work on inclusionary zoning. County Manager Updates Jeff Shroll reminded everyone that the listening sessions on the Forest Service property in El Jebel would begin today. COVID-19 Update Birch Barron stated that Eagle County was in the solid"yellow."phase. The case count had declined but there was still disease in the community. The medical providers had been seeing fewer respiratory illnesses. He hoped to remove restrictions soon. The total number of vaccines that had been distributed was 26,000. This week the county had about 3,000 doses available this week for eligible groups. Starting this Friday the county would begin moving into Phase 1B.4, vaccinating people aged 50 and older, student-facing higher education faculty and staff and frontline essential workers in food/restaurant. Commissioner Chandler-Henry asked about the variances. 1 03/16/2021 Mr. Barron stated that there were COVID variants surfacing and many of the vaccines were preventing severe disease. Those variants arose when there was a high level of disease. Getting disease levels down protects against those variants. Constituent Input Chairman Scherr opened and closed constituent input, as there was none. Business Items l. Resolution 2021-017 Approval of the 1st Supplemental Budget 2021 Jill Klosterman, Finance Executive Summary: The BoCC will be reviewing the 1st Supplemental request on March 9th 2021. The public notice will be completed on March 11th and the request for these additional appropriations will be made in the March 16th public meeting. Ms. Klosterman stated that this supplemental budget had been presented to the board prior to this meeting. She reviewed the FTE additions. Commissioner Chandler-Henry moved to approve the 1st Supplemental Budget 2021. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. Resolution 2021-018 Concerning an Appointment to the Basalt Regional Library District Board of Trustees Rhea Silverkorn, Administration Executive Summary: Resolution to reappoint Enid Ritchy to the Basalt Regional Library District Board of Trustees as an Eagle County representative. Commissioner Chandler-Henry moved to approve the resolution concerning an appointment to the Basalt Regional Library District Board of Trustees. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 3. 2021 Agreement Between Eagle County and the USDA, Forest Service for the Front County Ranger Program Rhea Silverkorn, Administration Executive Summary: In 2008,the Forest Service budget for the Front Country Ranger Program was $270,000. This program helps manage campgrounds, dispersed campsites and trails within the White River National Forest. That budget 10 years ago funded a full-time law enforcement officer,two full-time recreation field supervisors, four seasonal staff members and supplies and vehicles for those employees. In 2018, that budget had dropped to roughly S40,000, which pays for one seasonal employee, supplies and a vehicle. In that decade,recreational use has only increased,putting a lot of pressure on the district office. This is when we started the Front Country Ranger Program. This agreement between Eagle County and the Forest Service will allow hiring seasonal employee(s)to provide natural resource management and forest protection of the National Forest System to include but not limited to 2 03/16/2021 campsite monitoring,visitor contacts, and fire prevention messaging on the Eagle-Holy Cross Ranger District of the White River National Forest. The cost is shared with the towns within Eagle County. Jeff Shroll reviewed the details of the agreement. He believed it had been a great partnership and great program for monitoring public resources. Commissioner McQueeney moved to approve the agreement between Eagle County and the USDA Forest Service for the Front County Ranger Program. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. 4. The Board of County Commissioners will meet as necessary to review and take action on any issues related to the COVID-19 Local Disaster Emergency. Chairman Scheer stated that there was nothing to review. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Housing and Development Authority. Commissioner McQueeney seconded the motion. The vote was unanimous. Eagle County Housing and Development Authority 1. Assignment of Affordable Housing Credits from Habitat for Humanity Vail Valley to Eagle County Housing and Development Authority Kim Bell Williams,Housing Executive Summary: Habitat For Humanity Vail Valley owns 1,824 square feet of affordable housing credits, expired in September 2020, that they shall assign to the Eagle County Housing and Development Authority for $61,000. ECHDA supports Habitat For Humanity's mission of building affordable housing with owners earning 80%of area median income or less. These homeowners are partners with HFH for true affordable for sale housing in Eagle County. ECHDA supports HFH through the assignment of these credits,down payment assistance for each owner, and by providing housing for the Vista volunteers. We are happy to support HFH's mission in Eagle County. Commissioner Chandler-Henry moved to approve the assignment of Affordable Housing Credits from Habitat for Humanity Vail Valley to Eagle County Housing and Development Authority. Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3 03/16/2021 Work Session - Eagle County Room 1. Eagle Valley Wildland Team Discussion Eric Lovgren, Sustainable Communities Executive Summary: Twenty of Colorado's largest wildfires have occurred within the last twenty years. Four out of the five largest fires in State history have occurred within the last three years. In 2020, the Grizzly Creek Fire burned over 32,000 acres and directly threatened several communities within Eagle County. A worrisome trendline now points to Eagle County's increasing vulnerability to wildfire destruction. Eagle County residents and visitors live, work and recreate in areas which, according to the Colorado State Forest Service, are directly threatened by potential wildfires; while the soaring value of improved property throughout the Eagle Valley causes overall values-at-risk to exceed those of many other Colorado communities. Additionally, according to the US Drought Monitor,nearly all of Eagle County suffers from an exceptional(D4) level of drought. Anecdotally, snow melts earlier in the spring, and rain comes later in the fall; and,what was once a four-month"fire season"now appears to last six to eight months. Factually, according to the U.S. Department of Agriculture,wildfire season in the West now lasts 78 days longer than it did in the 1970's. In response to this growing threat from uncontrolled wildfire, in 2020 the Greater Eagle and Eagle River Fire Protection Districts(GEFPD and ERFPD,respectively) cooperatively launched the Eagle Valley Wildland Program. More commonly known as EV Wildland, the intent of this joint wildland program is to reduce the overall wildfire risk of the communities it serves through effective mitigation, appropriately-scaled wildfire suppression, and collaborative community outreach and education. Since 2020, GEFPD and ERFPD have jointly dedicated to EV Wildland approximately$1.37M for both capital and operating costs. Of critical importance, however, while the fire districts possess the expertise and leadership required to safely, effectively and efficiently oversee a successful wildland program of the scope and scale necessary to meet the community's growing wildfire risk, they lack the personnel needed to effect desired outcomes. Planning File - Eagle County Room 1. Planning File: ZS-9014, Gypsum Creek Marijuana Cultivation/TNT Botanicals Tez Hawkins,Planning Executive Summary: The Applicant seeks approval for a Special Use Permit to allow for the expansion of an existing outdoor marijuana cultivation facility from 2 acres to 40 acres. The expansion also includes adding a 5,000 sqft. Marijuana infused product(MIP) extraction facility, a 3,500 MIP storage structure,two barn structures, and thirty shipping containers to the property. Mr. Hawkins opened the meeting with a brief overview of the file. Present on behalf of the applicant were Chris Green,Planner, Sara Baker,Attorney, and Rob Trotter, Applicant. Rob Trotter stated that they would rapidly provide a fire plan by April 1. In addition,they had never intended to violate their existing Special Use Permit. He pledged with these plans and conditions that there would be no further violations. The expansion of the 10 acres was critical to the summer planting season. This 4 03/16/2021 would allow revenues to increase which was desperately needed. To wait another season would be detrimental to the business. Present via video conferencing were: Debrah Shaner,Fire Protection Engineer;Justin Kirkland, Gypsum Fire Chief; Vance Gabossi,Eagle County Chief Building Official; Taylor Ryan,Eagle County Staff Engineer; Holly Strablizky,Eagle County Attorney. Chris Green reviewed the objectives to acquire approval to expand the cultivation area to 10 acres for the 2021 season. He reviewed what had been done over the last 24 months. For fire protection,he believed that the changes made had satisfied the code requirements. Ms. Shaner spoke. She stated that she visited the site with Justin Kirkland recently and determined that an alternative approach was required to get the access issue off the table. Adding fire sprinklers in pole structures, early warning detection in containers, fire suppression water supply and defensible space around the buildings would suffice. Justin Kirkland stated that the applicant had made some really good progress and addressed the concerns that the Fire District had. The ultimate goal was to take the safe access off the table. The applicant was making progress. Mr. Green stated that they still had work to do but this was a combination of eighteen months to get to a solution. They were in the process of permitting the existing shipping containers,new shipping containers, appropriate fire suppression system at the barn structure, and new fire suppression management system. Sara Baker stated that the applicant was in full agreement with the conditions. However,the applicant requested that condition 9 be amended to allow the additional expansion at the time. The burden would be on the applicant to get the required permit by April 1st. The new condition allowed the board to approve the application for a special use permit with a one-year term. Mr. Green believed that they had an approvable project. Mr. Kirkland stated that they needed a plan in place before they could review the variance for access. Commissioner McQueeney asked about the future agreement and what it meant for the other road. Holly Strablizky stated that they had been working vigorously to ensure that staff were comfortable with the conditions. The applicant had provided a safety management plan for the bridge access. Condition 11 would allow the board to assign a different time period. The conditions worked together, so if there was no compliance in a year,the permit would expire. Chairman Scherr asked the applicant if they understood the conditions and agreed with them. Ms. Baker stated that the applicant approved of the conditions. Morgan Beryl, Eagle County Director of Planning, stated that staff was still unclear with regards to the water pond and implementation of the pond water. She stated that the board could table the file to allow for time to review the new proposed conditions. Mr. Ryan stated that staff did not have sufficient time to fully digest the new information. Condition 6 had been drafted with the uncertainty of access to the upper bench. Mr. Green stated that the fire plan addressed the roadway. Commissioner Chandler-Henry wondered if it would be possible to table the file. Ms. Baker stated that if it would help the board they would choose a short tabling over a denial. Ms. Beryl stated that April 6th would work for staff. Ms. Baker believed there may have been a communication issue between staff and the applicant. Commissioner McQueeney motioned to move into executive session to discuss matters with regards to TNT Botanicals which are appropriate topics for discussion. Commissioner Chandler-Henry seconded the motion. At the close of the discussion, it was moved, seconded and unanimously agreed to adjourn from Executive Session and re-convene as the Board of County Commissioners. Chris Green stated that the applicant would accept the date of April 6, 2021, although it was frustrating that the application continued to take more time. 5 03/16/2021 Commissioner Chander-Henry moved to table the file no. ZS-9014, Gypsum Creek Marijuana Cultivation/TNT Botanicals. Commissioner McQueeney seconded the motion. The vote was declared unanimous. There bein no further business b:' ...E ,the meeting was adjourned until March 23,2021. W N ``mod AttesY�'t _ � o/ _ Clerk to the Board Chairman 6 03/16/2021