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HomeMy WebLinkAboutMinutes 11/09/2021 PUBLIC HEARING November 09, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Jeff Shroll County Manager Regina O'Brien Clerk&Recorder This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner McQueeney did not have an update. Commissioner Chandler-Henry thanked the County Clerk's team and election judges for their time conducting a secure and successful election. Commissioner Scherr recognized the Vail Symposium for two upcoming programs,the"State of the Valley"with the Vail Valley Partnership and the last program of the season, a"Comprehensive Look at U.S. Challenges." County Manager Updates County Manager Jeff Shroll spoke about attending an airport conference last week and the goal to get low cost air carriers into the airport. He also reminded everyone that county offices would be closed on Thursday, November 11 in honor of Veteran's Day, and he thanked all of the veterans who served. Consent Agenda 1.Agreement for Services between Eagle County and D&D Manzanares, Inc. d/b/a ServiceMaster Commercial Cleaning Solutions for services at Eagle County Facilities Ron Siebert,Facilities Management 2. Resolution 2021-087 Authorizing the Removal of the Eagle County Sales Tax and Mass Transit Sales Tax Vendor Fee Jill Klosterman,Finance 3.Agreement between Eagle County and Vail Honeywagon Enterprises LLC for the Transportation of Recyclable Material from Drop-off Collection Sites Mandi Nolan, Solid Waste&Recycling 4. Resolution 2021-088 Approval for Amended Final Plat for 362 Redtail Ridge,AFP-9167-2021 Michael Sylvester, Planning 1 11/09/2021 5. Intergovernmental Agreement with Eagle River Water and Sanitation District for the Minturn Interceptor Aerial Crossing and Pedestrian Bridge Kevin Sharkey, ECO Trails 6. Encroachment Easement Agreement between Eagle County and Frying Pan Rendezvous for Work on Frying Pan Road Julie Pranger,Engineering 7. First Amendment to Subdivision and Off-Site Improvement Agreement for the Edwards Riverfront Estates Final Plat-Collateral Amount Correction Nicole Mosby, Engineering 8. Final Collateral Release for Public Improvements -6 West PUD Rickie Davies,Engineering Jill Klosterman spoke about the removal of the vendor fee which had been in place since 1981. The State recently updated its system and technically made it much easier to receive payments. The resolution eliminated the sales tax vendor fee(service fee) for Eagle County sales and mass transit taxes. For most of the 5000 different retailers, this had limited impacts. The State increased its fee to 4%from 3.33% and capped large retailers at $1,000 a month. She believed it was in the best interest to eliminate the fee from the county collected sales tax. Commissioner McQueeney moved to approve the Consent Agenda for November 9, 2021, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Constituent Input Brenda Wyatt, Eagle resident, spoke. She thanked the BoCC for all the work they did. It was appreciated especially during these tumultuous times. She expressed confusion about the term limits on the ballot because the 2010 verbiage was very clear, and she felt the 2021 verbiage was not. She wondered what was going to be done about it. She questioned why it was changed and who changed it. She believed it had a hint of impropriety. Commissioner Scherr stated that the Board of County Commissioners approved that ballot language. Buddy Doll spoke. He read an article from the November 8,2021 issue of Vail Daily. He recognized the Resolution that included the ballot language. He felt it was"city slicker"talk the way the ballot language was written. He also believed that the Vail Daily article implicated County Attorney Bryan Treu. Kelly Ricka,resident of Avon, spoke. She referenced a Vail Daily article which stated that the board was surprised to see such a large margin of support for Ballot Issue 1A. She also referenced the 2010 ballot language and the fact that it was voted down. She also read the 2021 ballot language. She agreed that whether it was intentional or not,people felt deceived. Celena Olden, Eagle resident, spoke. She expressed frustration for the 1A ballot language as well. She attended the meeting when the attorney presented the argument for making the case for extending the term limits. She believed the board and the county attorney were working together on something that would benefit them to extend the terms. The way it was written implied cooperation. Another term would amount to almost a half million dollars for each of them. The way it was done was suspect, and she was very disappointed. It was misleading. Amy Susargent,Eagle resident, spoke. The word"limited"was deceitful. The language should have been "extended." It mislead many people. 2 11/09/2021 Bob Good, Eagle resident, spoke. He also thought the 1A language was misleading. He spoke about the mask mandate and wanted hard evidence that masking kids was helping reduce the spread of COVID and that it was safe for children to wear masks. Heather Bergquist, Gypsum resident, spoke. She also believed that ballot question 1A was misleading. If a county attorney was paid with tax dollars to craft the ballot measure, it wasn't accidentally chosen. It was intentionally deceptive. If the board approved the language, they were complicit. How can the constituents be assured that the board's primary goal was to serve and represent the best interest of the community? Should the public assume that vaccinating kids is in their best interest or the board's? She suggested the ballot language be simple and direct. Jan Rosenthal, Eagle resident, spoke. She was a communications major,albeit many years ago. She voted the right way but had to decipher what the language was. She read emails from people who were working and could not attend this meeting. One email said that the language was extremely confusing and was shameful;new and fresh ideas were needed. A re-vote was needed. The average voter would hardly be in the position to decipher this question. A ballot question should not send voters on a quest to Colorado law. The measure should be clear for voters. There were over 146 comments on the Eagle County Classified post, and only one thought that the language was not misleading. Without a re-vote,there was no integrity. Susie Huxford,Edwards resident, spoke. This vote lost by 2200 votes while the last one lost by 5200 votes. Per Eagle County Clerk and Recorder Regina O'Brien,the ballot language comes from the board and the County attorney. Claire Nobel,Edwards resident, spoke on behalf of the Vail Symposium. She shared that the State of the County presentation would take place at 8:30 a.m. at Colorado Mountain College in collaboration with the Vail Valley Partnership. It will be airing live on Channel 18. Folks who weren't able to attend in person could watch online. Terrie Fischer,Eagle resident, spoke. She expressed frustration for 1A, the vaccinate mandate,the mask mandate. She asked the board how they sleep at night. Kris Miller, Edwards resident, spoke virtually. Joanna Kerwin gave her time to Ms. Miller. During the board meeting on November 4,2021,members of the public were able to speak. At that time,members of the audience were allowed to speak and questions were answered. This is how it should go. It is unacceptable that emails sent to the board directly were answered by staff. They do not respond to the public who pay their salary. Ms. Miller read the 2010 ballot language. The language was very clear and concise and was defeated. She read the 2021 ballot question; she said that this ballot question passed, and this language was crafted by the attorney. Commissioner Scherr and Chandler-Henry said they were surprised it passed. She had received emails and spoken with people who thought they were voting for term limits. They felt ashamed or hoodwinked. She was doing her research on what the recourse was. She stated she always trusted the process and the integrity of leadership in this valley. She was in disbelief and shock, and she believed the community had lost trust. She implored the board for answers to these questions: 1. What will you do to rectify the passage of 1A? 2. When can we expect this action to be taken? 3. When can we expect the return of"Ask Me Anything?' She said everyone deserved answers. Commissioner Scherr closed public comment. Commissioner Sherr said that they heard from voters on both sides who were confused. They submitted a response to the Vail Daily which would be published on November 10, 2021. This public comment had been very helpful, and he needed to dig in to figure out whether there was an issue. He was uncertain how to address this right away. He also addressed the Public Health conversation as a smaller setting. From his perspective,the Vail Daily article was not the end of the conversation. They were trying to make this about limits. He said they do have a question on revote. He stated this was a big conversation to have, and it was complicated. Veterans Appreciation 3 11/09/2021 1. Employees &Veteran of the Year Award Pat Hammon will be presenting appreciation certificates to Eagle County employees who are veterans as well as presenting the Veteran of the Year Award! Pat Hammon spoke about the public veterans'ceremony at Freedom Park.Veterans'Day was when we honored those veterans who were still living. Memorial Day was when we honor those veterans who had passed. Ms. Hammon recognized the Eagle County veterans: Trey Pruett,Road and Bridge Grant Hollis, ECO Transit fleet supervisor Phillip Kirman, Open space specialist and ranger Lisa Lowe,Recording Manager Carolyn Schneider,Assistant Veteran Service Officer Pat Hammon,Veterans Service Officer Michael Kelly,Airport Fire&Rescue Georgiev Vihren, ECO Transit Business Item(s) 1. Resolution 2021-089 in Support of Eagle County Veterans in Honor of Veterans'Day November 11, 2021 Pat Hammon, Human Services Executive Summary: Eagle County is home to thousands of military veterans and Eagle County honors the contributions that service members have made to the cause of peace and freedom around the world. The United States Congress has designated(5 U.S.C. 6103(a))that November 11 of each year shall be set aside as a legal public holiday to honor our Nation's veterans. Commissioner McQueeney moved to approve the resolution in support of Eagle County Veterans in Honor of Veteran's Day November 11,2021. Commissioner Chandler-Henry seconded the motion,the vote was declared unanimous. 2. Resolution 2021-090 ECO Transit Fares for 2021-2022 Winter Season Tanya Allen, ECO Transit Executive Summary: ECO Transit is requesting the BoCC lower the fare on ECO's Vail-Beaver Creek Express service to a regular$4 one-way fare for the Winter 2021-2022 season.A$7 premium one-way fare was adopted for this service in 2013,with mixed results. The ECRTA Board has expressed interest in seeing a more frequent and affordable version of this service as a means to reduce congestion and encourage greater transit ridership between these two destinations. Removing the premium fare designation is a step in this direction that will allow us to better assess the viability of this service if offered at a lower price point. It will also encourage broader usage by making this service available to all regular ECO Transit pass holders. Ms.Allen spoke about reducing the fare. There was a cost to reducing this fare,but there was grant funding to offset the cost. 4 11/09/2021 Commissioner Chandler-Henry moved to approve the resolution approving the ECO Transit Fares for 2021-2022 Winter Season. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Eagle County Air Terminal Corporation 1. Eagle County Airport Terminal(ECAT)Amendment to Agreement with Enterprise Leasing Company of Denver, LLC Jodi Doney,Airport Executive Summary:Amendment to the original lease agreement to extend the terms for one year. Commissioner Chandler-Henry moved to approve the ECAT Amendment to Agreement with the Enterprise Leasing Company of Denver,LLC Commissioner McQueeney seconded the motion. The vote was unanimous. 2. Eagle County Airport Terminal (ECAT)Amendment to Agreement with Frontier Rental INC,DBA Dollar Rent A Car Jodi Doney,Airport Executive Summary:Amendment to the original lease agreement to extend the terms for one year. Commissioner McQueeney moved to approve the ECAT Amendment to Agreement with Frontier Rental INC,DBA Dollar Rent A Car. Commissioner Scherr seconded the motion. The vote was unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Airport Terminal Corporation and reconvene as the Eagle County Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was unanimous. Public Hearing - Eagle County Room 1. Redistricting Discussion Regina O'Brien, Clerk&Recorder Executive Summary: Discussion of 2020 census data and presentation of possible commissioner district line revisions. Offsite Meeting -Airport Conference Room, Gypsum 1. Leadership Discussion 5 11/09/2021 Executive Summary: The Commissioners, County Manager's Office and County Attorney will meet to discuss streamlining decision making and other performance optimization efforts. 0 EAGiE There being no further busines :P • - .. .,d,the meeting was adjourned until November 16,2021. Attest'r` 0/ LAp° i I `C Clerk to the Board airman tAl 6 11/09/2021