HomeMy WebLinkAboutMinutes 01/04/2022 PUBLIC HEARING
January 4, 2022
Present: Matt Scherr Chairman
Jeanne McQueeney Commissioner
Kathy Chandler-Henry Commissioner
Jeff Shroll County Manager
Mike Nugent Chief Strategy Officer
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:
Constituent Input
Chairman Scherr opened public comment.
Joanne Rock,Eagle resident, spoke. She spoke about her support for those impacted by the Marshall
Fire. She also read from a book written by Nathaniel Philbrick called Travels with George. The book
documented the journeys of George Washington.
Lucinda Jensen, Edwards resident, spoke. She appreciated the privilege of living in this community. She
opposed the mask mandate and believed the masks were ineffective. She also believed the COVID tests were
unreliable and the shots didn't work. She believed there was an agenda based on fear and false numbers. She felt
information was one sided through censorship. She asked why Eagle County was using tax dollars to go after a
pastor and his school. As American citizens,masks and vaccines should be a choice. She asked that the board
take her comments into consideration when considering the mask mandate.
Heather Bergquist of Gypsum spoke. She spoke out to promote parental authority and advocate for
constitutionally guaranteed liberty for all. She did not believe that cloth masks worked since this was an airborne
virus. Requiring that children be masked was causing damage to their brains and a decline in test results. She
requested the resignation of Heath Harmon.
Bob Good stated that the mask mandate was unconstitutional and Heath Harmon needed to step down.
Chairman Scherr closed public comment. He stated that the board's decisions were based on scientific
evidence and opinion. He respectively disagreed with anyone claiming that there was facts and information that
the board was not abiding by.
Commissioner Updates
Commissioner Chandler-Henry wished everyone a happy New Year and a healthy 2022.
Commissioner McQueeney shared that this evening the draft of the Universal Preschool,voted on in 2020
was being presented to the governor this evening and would be voted on by the Early Childhood Leadership
Commission on Tuesday.
Chairman Scherr wished everyone a happy New Year, and he had a hopeful look forward that we could get
through all of the current struggles.
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County Manager Updates
Jeff Shroll reminded everyone that COVID had been rough on staff, and it had been tough keeping up with
the snow removal. During the Christmas break an emergency declaration was approved to allow for state and
federal assistance.
Consent Agenda
1. Early Childhood First Amendment between Blue Lake Preschool and Eagle County Government
Samantha Markovitz,Human Services
2. Early Childhood First Amendment between Eagle County School District RE-50J and Eagle County
Government
Samantha Markovitz,Human Services
3. Resolution 2022-001 of Approval for AFP-009182-2021 -Amended Final Plat for 106 Holden Road
Julie Pranger, Engineering
Megan Birch,Director of Human Services,elaborated on the amendments of all the childcare programs to
further assist early childhood programs to help families in need of assistance.
Commissioner McQueeney moved to approve the Consent Agenda for January 4, 2022, as presented.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Business Item(s)
1. Ruedi Water and Power Authority: Intergovernmental Agreement between Eagle County,Pitkin County,
the City ofAspen,the City of Glenwood Springs,the Town of Snowmass Village,the Town of Basalt and
the Town of Carbondale
Brian Treu, Attorney's Office
Executive Summary: This is an intergovernmental agreement between Eagle County, Pitkin County,the City of
Aspen, the City of Glenwood Springs,the Town of Snowmass Village,the Town of Basalt and the Town of .
Carbondale. The parties hereby create the Ruedi.Water and Power Authority(RWAPA).
The purposes of the Authority shall include the following:
• (1)To promote, sponsor,manage and direct research on issues pertaining to the protection, improvement,
management, development and use of the water resources of the Roaring Fork River and its tributaries,
including, without limitation,the Crystal and Fryingpan Rivers.
• (2)To support and preserve the water resources, systems, and facilities of the Roaring Fork River
watershed for the production, transmission and sale of hydroelectric power.
• (3)To sell, lease or otherwise allocate water supply held by the Authority under contract with the U.S.
Bureau of Reclamation to the maximum extent permitted by law.
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• (4)To support, direct,and guide the development,management, and operations of Ruedi Reservoir on
behalf of and for the benefit of the Roaring Fork River watershed and the residents of the parties'
jurisdictions.
• (5)To provide a unified voice for the communities of the Roaring Fork River watershed on issues
pertaining to the management and use of the water resources of the Roaring Fork River and its tributaries,
including,without limitation,the Crystal and Fryingpan Rivers. Further; and to communicate the interests,
priorities, issues,concerns and requirements of the communities of the Roaring Fork River watershed to the
U.S. Bureau of Reclamation,the U.S. Fish and Wildlife Service,the State of Colorado,the Colorado River
Water Conservation District, Colorado River Basin Roundtable, and/or any other appropriate agencies and
authorities.
• (6)To assist, support,advise, and consult with the parties hereto or with other parties or agencies expressly
approved by the parties hereto on issues of river or reservoir management, water diversion,water storage,
recreational resources, water quality,riverbed stability, invasive species,hydropower development or other
issues connected with the management and use of water resources of the Roaring Fork watershed.
• (7) To facilitate communication and cooperation between and among the communities,governments,
interest groups and businesses of the Roaring Fork River watershed on issues pertaining to the protection,
improvement,management and use of the water resources of the Roaring Fork River and its tributaries
including,without limitation,the Crystal and Fryingpan Rivers.
• (8) To provide comment,make recommendations or to endorse zoning or land use plans or decisions as
they pertain to the water resources of the Roaring Fork River watershed without controlling or usurping the
zoning or land use authority of any of the parties to this Agreement.
April Long,Executive Director of the Board of the Ruedi Water and Power Authority, explained
the mission of the Authority and summarized the intergovernmental agreement.
Commissioner Chandler-Henry moved to approve the Intergovernmental Agreement between
Eagle County,Pitkin County, the City of Aspen, the City of Glenwood Springs, the Town of Snowmass
Village,the Town of Basalt and the Town of Carbondale.
Commissioner McQueeney seconded the motion The vote was declared unanimous.
2. 2022 Eagle Valley Wildland Intergovernmental Agreement
Birch Barron, Emergency Management
Executive Summary: The Eagle Valley Wildland Program is a collaboration between Eagle River Fire Protection
District, Greater Eagle Fire Protection District, Gypsum Fire Protection District, and Eagle County. This joint
wildfire program aims 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,Greater Eagle Fire,Eagle River Fire, and Gypsum Fire have jointly dedicated approximately$4M to this
program,and this team is requesting a contribution of$150,000 from Eagle County to continue this program in
2022 and an additional$280,000 from Eagle County to expand community and landscape scale hand-thinning and
mechanical fuel reduction projects, community and right-of-way chipping projects, and prescribed fire projects
identified by the team. This Intergovernmental Agreement outlines the roles and financial commitment of each of
the four Eagle Valley Wildland Program partner organizations.
Birch Barron reviewed the details of the agreement and stated that the agreement solidified the county's
commitment.
Eric Lovgren spoke about the Marshall Fire. The work being done with the fire districts was timely and
necessary in order to make it through the upcoming year.
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The Greater Eagle Fire District Chief Doug Cupp spoke about the action needed to address mitigation and
operation advantages. He was pleased with the work and effort. The collaborative efforts and projects would
allow for additional federal and state funding.
Chief Justin Kirkland and Chief Karl Bauer with Gypsum Fire were in attendance via video conferencing
and expressed support for the agreement.
Commissioner McQueeney moved to approve the 2022 Eagle Valley Wildland Intergovernmental
Agreement.
Commissioner Chandler-Henry seconded the motion. The vote was unanimous.
3. Resolution 2022-002 Extension of the Eagle County Local Disaster Emergency Declaration Re: 2021
COVID-19
Brian Treu, Eagle County Attorney
Executive Summary: A Local Disaster Emergency Declaration is an administrative tool to ensure Eagle County
has the resources to respond to the evolving COVID-19 pandemic.New variants of COVID-19, including
Omicron and Delta,have led to the largest increase in new cases Eagle County has experienced up to this point.
The volume of COVID-19 cases in Eagle County is causing serious impacts to county health and medical systems
and has the potential to create significant disruption to public safety,transportation,education,business
workforce, and other critical infrastructure sectors. This Local Disaster Emergency Declaration is an important
step to ensure that regional, state, and federal response partners recognize the impacts to our community and
prioritize support for Eagle County.
Mr. Barron stated that this was an important administrative statement that prioritized resources. Eagle
County was at the front end of the surge in COVID cases. The current surge has put a strain on services. The
county was currently experiencing a high volume of hospitalizations and a reduction in staffing due to COVID
protocols. The declaration continued to relay to the state and federal government a request for assistance and/or
resources. The end date on the current declaration was extended indefinitely or until the county commissioners
decide to revoke it.
Commissioner Chandler-Henry moved to approve the resolution extension of the Eagle County Local
Disaster Emergency Declaration Re: 2021 COVID-19.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
4. Resolution 2022-003 Re-establishing Election Precincts of the County of Eagle, State of Colorado
Regina O'Brien,Eagle County Clerk and Recorder
Executive Summary: After every census, State of Colorado congressional and state legislative district lines are
redrawn. The redrawing of these lines is approved by the Colorado Supreme Court,and then counties may have to
redraw their precinct lines based on these revised state maps. By law,precincts cannot be split by either a
congressional or state legislative line nor can Eagle County precincts contain over 2000 active registered voters.
Given these parameters, Eagle County had to redraw precinct lines and add additional precincts. This resolution
re-establishes election precincts for Eagle County.
Regina O'Brien,Eagle County Clerk and Recorder, explained that Eagle County was previously divided
between Congressional Districts 2 and 3. With the new state legislative maps drawn by the Redistricting
Commission after the 2020 Census,Eagle County was still split between Congressional Districts 2 and 3 but the
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lines between the districts had shifted. In addition, Eagle County was now split between Senate Districts 8 and 5
and House Districts 26 and 57;previously,Eagle County was wholly contained in Senate District 5 and House
District 26. Based on these new legislative lines,Eagle County precinct lines had to be redrawn because precincts
could not be split by any congressional, senate or house district lines. The new precinct map was attached to the
resolutions. She pointed out that the precinct line changes did not affect voters or anyone's ability to run for
office. Eagle County expanded from 30 precincts to 39 precincts and five of those new precincts contained no
active voters but these precincts had to be created to comply with the law. There was room for population growth
built into the new precinct lines.
Commissioner McQueeney moved to approve the resolution re-establishing Election Precincts of the
county of Eagle, State of Colorado.
Commissioner Chandler-Henry seconded the motion. The vote was unanimous.
5. Notice of Appointment to Colorado River Water Conservation District Board of Directors-Kathy
Chandler-Henry
Rhea Silverkorn, Administration
Executive Summary: This is to certify that the Board of County Commissioners of Eagle County has appointed
Kathy Chandler-Henry as Director of the Colorado River Water Conservation District for a term ending in
January 2025,beginning with the January 18,2022 first regular quarterly meeting of the Board of Directors of
said Colorado River Water Conservation District.
Kathy Chandler-Henry has been a resident of Eagle County for at least two years preceding the date of
his/her appointment and is a freeholder who has paid taxes on real property in Eagle County during the preceding
year.
Commissioner McQueeney moved to approve the appointment to Colorado River Water Conservation
District Board of Directors -Kathy Chandler-Henry.
Chairman Scherr seconded the motion. The vote was declared unanimous.
6. Oath of Office for Colorado River Water Conservation District-Kathy Chandler-Henry
Rhea Silverkorn,Administration
Executive Summary: This is to certify that the Board of County Commissioners of Eagle County has appointed
Kathy Chandler-Henry as Director of the Colorado River Water Conservation District for a term ending in January
2025,beginning with the January 18,2022 first regular quarterly meeting of the Board of Directors of said
Colorado River Water Conservation District.
Kathy Chandler-Henry has been a resident of Eagle County for at least two years preceding the date of his/her
appointment and is a freeholder who has paid taxes on real property in Eagle County during the preceding year.
I, Kathy Chandler-Henry, being first duly sworn, do solemnly swear upon my oath that I will support and defend
the Constitution of the United States of America and the Constitution of the State of Colorado, and that I will
impartially, without fear or favor, discharge the duties of a Director of the Colorado River Water Conservation
District.
7. Resolution 2022-004 Annual Appointments
Rhea Silverkorn, Administration
Executive Summary: This resolution is for all appointments and designations for the county for 2022.
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Commissioner Chandler-Henry thanked Ms. Silverkorn for putting the resolution together and making sure
that everything had a right statutory reference.
Chairman Scherr added his thanks. Oftentimes the boards were state and federal boards. The primary
purpose was to keep the county well established with those agencies and authorities.
Commissioner Chandler-Henry moved to approve the Annual Appointments Resolution.
Commissioner McQueeney seconded the motion. The vote was unanimous.
Commissioner Scherr moved to adjourn as the Eagle County Board of County Commissioners and
reconvene as the Eagle County Air Terminal Authority.
Commissioner Chander-Henry seconded the motion. The vote was unanimous.
Eagle County Air Terminal Authority
l. Annual Reappointment of ECAT Officers
David Reid,Airport
Brian Treu,County Attorney explained that ECAT was a corporation formed by the county in the mid 90's
to finance and to build the terminal. It was composed of a Board of Directors that included the three County
Commissioners,the County Manager,the Finance Director, and the Aviation Director.
Commissioner Chandler-Henry moved to approve the annual reappointment of ECAT Officers.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
2. Second Amendment for Colorado Mountain Express, Inc. and Eagle County Air Terminal Authority
David Reid,Airport
Executive Summary: ECAT entered into an Agreement for Operation of Ground Transportation Services with
Colorado Mountain Express, dated November 21, 2017 with the term of the Original Agreement scheduled to
expire on November 30, 2020.A First Amendment was executed to extend the term through November 30,2021,
modifying the terms by adjusting the Minimum Monthly Guarantee to accomodate for the impacts of COVID.
This Second Amendment extends the agreement for an additional year thru November 30, 2022, and resets the
Monthly Minimum Guarantee amounts to the original/pre-COVID amounts. All other terms and conditions
remain unchanged.
Mr. Reid explained the details of the agreement with Colorado Mountain Express. This amendment
would modify the terms of the minimum monthly guarantee which would run until the end of November 2022.
Jeff Shroll moved to approve the Second Amendment for Colorado Mountain Express,Inc. and Eagle
County Air Terminal Authority agreement
Commissioner Chandler-Henry seconded the motion. The vote was unanimous.
Commissioner Scherr moved to adjourn as the Eagle County Air Terminal Authority and reconvene as the
Eagle County Liquor Licensing Authority.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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Eagle County Liquor Licensing Authority
1. New Liquor License Application-Mountain Fish House LLC DBA Mountain Fish House
Kathy Scriver, Clerk&Recorder's Office
Executive Summary: Mountain Fish House LLC DBA Mountain Fish House has submitted an application for a
Hotel&Restaurant Liquor License in the Riverwalk Inn, Edwards.
ESTABLISH NEIGHBORHOOD:
The first order of business is to establish the neighborhood for petitioning purposes.
Staff recommended that the neighborhood consist of a two(2)mile radius from the proposed location.
FIRST MOTION-Establishing the Neighborhood:
Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority establish the
neighborhood to include the area within a two(2)mile radius surrounding the proposed location.
Commissioner Scherr seconded the motion. The vote was unanimous.
NEEDS AND DESIRES OF THE NEIGHBORHOOD:
1. The Local Licensing Authority shall 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 44-3-301 (2)(a).
2. A petition was circulated by the applicant.
• 108 Signatures Favoring Issuance
• 0 Signatures Opposing Issuance
OTHER LOCAL 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 9r parochial school or the campus of any college,
university,or seminary. .,`
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3. Whether the fees have been paid. • 4 r
4. Whether the applicant(s) are of good moral character.
STAFF FINDINGS:
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1. The applicant filed a complete application and has paid the appropriate fees.
2. The applicants are all over 21 years of age and reported to be of good moral character based on the
background reports provided by CBI.
3. Public notice has been given by the posting of a notice in public view on the premises December 22,2021
and by publication in the Eagle Valley Enterprise and Vail Daily on December 23 and December 30,2021.
4. The proposed premise is not within 500 feet of a location for which, within two 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 proposed premise is 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 property possession in the form of a lease.
7. The applicant has provided an alcohol management plan per the requirements of the Local Licensing
Authority and proof of server training will be provided upon issuance of the license.
CONCLUSION:
The applicant has met all the necessary requirements for a Hotel&Restaurant Liquor License.
SECOND MOTION-Approval of the Application and Issuance of the License:
Chairman Scherr moved that the that the Local Liquor Licensing Authority find that there is a reasonable
requirement and desire for the issuance of this license and therefore approve the application for a Hotel &
Restaurant Liquor License for Mountain Fish House LLC d/b/a Mountain Fish House based on the testimony,
petitions, and incorporating staff's findings.
Commissioner Chandler-Henry seconded the motion. The vote was unanimous.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and
reconvene as the Eagle County Board of County Commissioners.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
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There being no further busin,,s - - sr,ard,the meeting was adjourned until January 11, 2022.
Attest. .% O"ADO rn °Q
uLlClerk to the Board Viairman
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