HomeMy WebLinkAboutMinutes 08/16/2022 PUBLIC HEARING
August 16, 2022
Present: Jeanne McQueeney Chairman
Kathy Chandler-Henry Commissioner
Matt Scherr Commissioner
Jeff Shroll County Manager
Jill Klosterman Chief Financial Officer
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:
Constituent Input
Chairman McQueeney opened constituent input.
Seth Ehrlich, Edwards resident, spoke. He advocated for a review of the proposed Freedom Park
Playground upgrades. He encouraged that there be a public process to look at the opportunities that existed. The
current design of the playground fostered significant adventure and connection that brought kids together. The
proposed design did not reflect the same opportunity. This was a good opportunity to create a marquee space and
lasting legacy for the county and community.
Michelle Stecher,Avon resident, spoke. She also expressed her disappointment for the proposed upgrade
of Freedom Park. The new design looked like a downgrade and did not maintain the elements that offered a
challenge for a large age range of children. She was disappointed with the lack of public participation and
encouraged the board to seek out more public input. The park was packed year round. It was a significant
investment and one of the few playgrounds in the Eagle River Valley. This was a huge opportunity to do something
unique and special that offered challenge for kids of all ages.
Chairman McQueeney closed constituent input.
Commissioner Updates
Commissioner Scherr reminded folks that public schools would be back in session and to be aware of the
school buses and kids making their way to and from school.
Commissioner Chandler-Henry gave a shout out to the Eagle Fair and Rodeo crew and Eagle County
Facility staff. The fair set all time records for attendance, sponsorships, and livestock auctions. She also
recognized the Eagle County Road&Bridge crew for its work during the Glenwood Canyon closures, flagging on
Cottonwood Pass, and the flooding on Sweetwater Road.
Chairman McQueeney recognized what the county staff had accomplished while the board was on vacation.
She was amazed by the staffs creativity and dedication.
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County Manager Updates
Jeff Shroll gave a shout out to everyone who made the Fair and Rodeo what it was this year. It was a
fantastic event, and he enjoyed being a part of it.
Consent Agenda
1. First Amendment to Agreement Between Eagle County and the Foundation of Trustees for the Family Learning
Center
Leigh Carlson-Hernandez,Human Services CFAS/EHS
2. First Amendment to Agreement Between Eagle County and Eagle County School District RE-50J
Leigh Carlson-Hernandez,Human Services CFAS/EHS
3. Resolution 2022-064 Authorizing the Extension of Temporary Regulations Modifying the Development
Review Process for a Period Not to Exceed Five Months During Period of Transition in the Community
Development Department
Bill Gibson, Community Development
4. Intergovernmental Agreement with Pitkin County for Tobacco Coordinator Services SFY22-23
Maria Gonzalez,Public Health& Environment
5. Final Settlement of Contract Between 360 Paving for the 2022 Paving Project
Nicole Trujillo,Road&Bridge
6. Ratification of FAA Airport Improvement Program(AIP) Grant to Construct Taxiway B (Earthwork
Josh Miller,Airport
7. Resolution 2022-065 for the Closure of High Road in the Town of Red Cliff
Rickie Davies,Engineering
8. Third Amendment to Agreement between Eagle County and Felsburg Holt&Ullevig for Hillcrest Drive
Roundabout Design Project in West Edwards
Rickie Davies, Engineering
9. First Amendment to the Design Contract for Highway 131 &Ute Creek Road Roundabout-Marcin
Engineering
Rickie Davies,Engineering
10. First Amendment to Agreement Between Eagle County and Metropolitan State University
Maria Gonzalez,Public Health&Environment
11. Resolution 2022-066 Authorizing Wells Fargo to Release Funds for Alexander Allen Scholarship Fund
Recipients
Teak Simonton, Treasurer's Office
12. Child Welfare Annual Core Plan Allocation
Kentra Kleinschmidt,Human Services
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13. June 2022 Payment Report
Jill Klosterman,Finance
14. Approval of the Minutes for the Board of County Commissioner Meetings for June 27,July 5, July 11,July 12
and July 19,2022
Kathy Scriver, Clerk&Recorder's Office
15. Second Quarter Interest and Public Trustee Reports
Teak Simonton and Anissa Berge, Treasurer&Public Trustee Office
Commissioner Chandler-Henry moved to approve the Consent Agenda for August 16, 2022 as presented.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Business Item(s)
1. Resolution 2022-067 Mid-Valley Trails Committee Resolution
Jill Klosterman,Finance
Executive Summary: The Mid-Valley Trails Committee had historically been managed by Eagle County's
Community Development department. Given staffing changes in the department, staff at the Roaring Fork
Transportation Authority(RFTA) and Eagle County Government reviewed historical documentation and found
that RFTA had intended to provide oversight to this committee. After lengthy conversations about funding
sources and need,both RFTA and ECG have determined that it is in the best interest of the committee to have
oversight and guidance to appropriately implement the 2020 Mid-Valley Trails Plan from RFTA. On July 14,
2022,the RFTA board approved a similar resolution accepting oversight of this committee. Staff intends to work
with the trails committee members for a smooth transition that will likely be effective on 1/1/23.
Ms. Klosterman explained the Trails Committee had been around since 2002 and managed by Eagle
County and RFTA. The resolution puts the oversight of the Mid-Valley Trails Committee into the hands of
RFTA. The county would continue to fund it through the Roaring Fork Valley portion of the trail's dollars.
Commissioner Scherr moved to approve the Mid Valley Trails Committee Resolution.
Commissioner Chander-Henry seconded the motion. The vote was declared unanimous.
2. Resolution 2022-068 Authorizing County Manager to Execute Agreements and Documents with a Value No
Greater Than$200,000
Jill Klosterman, Finance
Executive Summary: The current signature resolution gives the county manager authority to sign contracts up to
$100,000 and the deputy county managers the authority to sign contracts up to $50,000. This resolution increases
the county manager signature limit to $200,000 and eliminates separate approval authority for the deputy county
managers. This resolution allows the Chief Financial Officer to sign agreements up to the same amount as the
county manager should the county manager be unavailable for signature. All executed contracts must appear on a
subsequent commissioner agenda to ensure there is transparency for the public.
Ms. Klosterman stated that this was an update to a 2017 resolution that allowed the County Manager to
sign contracts up to $100,000. The resolution before the board allows the County Manager to execute agreements
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and documents no greater than$200,000 and allows her, as the Chief Financial Officer, to sign in his absence.
This continues to follow all the processes currently in place.
Commissioner Chander-Henry moved to approve the Resolution Authorizing the County Manager to
Execute Agreements and Documents with a Value No Greater Than$200,000.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Commissioner Scherr 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. Resolution Authorizing Aviation Director to Execute Agreements and Documents on Behalf of the Eagle
County Air Terminal Corporation with a Value no Greater than$75,000
Jill Klosterman, Finance
Executive Summary: There is currently no signature authority resolution specific to the Eagle County Air
Terminal Corporation. This resolution gives the aviation director a signature limit to$75,000. All executed
contracts must appear on a subsequent commissioner agenda to ensure there is transparency for the public.
Ms. Klosterman stated that this was a new resolution that would allow for ECAT to have its own
signature authority. A slightly lower limit was set because the budget was smaller.
Commissioner Chandler-Henry moved to approve the Resolution Authorizing Aviation Director to
Execute Agreements and Documents on Behalf of the Eagle County Air Terminal Corporation with a Value no
Greater than$75,000
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Commissioner Scherr moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as
the Eagle County Housing and Development Authority.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Eagle County Housing and Development Authority
1. Resolution 2022-069 Authorizing Executive Director of the Eagle County Housing and Development
Authority to Execute Agreements and Documents with a Value No Greater Than$20,000
Jill Klosterman, Finance
Executive Summary: The current signature resolution gives Kimberly Bell Williams, as the executive director of
the Eagle County Housing and Development Authority, authority to sign contracts up to$20,000. This resolution
cleans up the language and supersedes the 2017 resolution without amending the overall authority limits. All
executed contracts must appear on a subsequent commissioner agenda to ensure there is transparency for the
public.
Ms.Klosterman stated that this was a cleanup of the 2017 resolution with no significant changes.
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Commissioner Chandler-Henry moved to approve the Resolution Authorizing Executive Director of the
Eagle County Housing and Development Authority to Execute Agreements and Documents with a Value No
Greater Than$20,000 the Executive Director of the Eagle County.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
2. First Amendment to Agreement Between Eagle County,Colorado Mountain College and Dynamic Program
Management-Project Agreement
Jill Klosterman, Finance
Executive Summary: This is an amendment to the owner's representative contract for the affordable housing
building at Colorado Mountain College.
Ms. Klosterman stated that this agreement was related to the affordable housing project that would be
launched in the next few months at the CMC campus in Edwards. The amendment would give the county the
right to work with the owner's representative.
Commissioner Scherr moved to approve the First Amendment to Agreement Between Eagle County,
Colorado Mountain College and Dynamic Program Management-Project Agreement
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development
Authority and reconvene as the Eagle County Board of Equalization.
Commissioner Scherr seconded the motion. The vote was unanimous.
Eagle CountyBoard of Equalization
1. 2022 Abstract of Assessment
Mark Chapin,Assessor's Office
Executive Summary: Mark Chapin,Assessor, and Chairman of the Board of County Commissioners sign the 2022
Abstract of Assessment for submission to the State of Colorado Property Tax Administrator.
Mark Chapin, Eagle County Assessor,presented the 2022 Abstract of Assessment. The total taxable
assessed value for 2022 was $3,628,951,350.00, down$29 million over 2021. The reason for the change was due
to two bills signed into law by the Governor, one was Senate Bill22-238 that changed the assessment ratios for
variance classes of properties. He believed there would be further changes to property valuation and taxation in
Colorado in the near future.
Commissioner Chandler-Henry moved to authorize the chair to sign the 2022 Abstract of Assessment.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Commissioner Scherr moved to adjourn as the Eagle County Housing Board of Equalization and reconvene
as the Eagle County Board of County Commissioners.
Commissioner Chandler-Henry seconded the motion, the vote was declared unanimous.
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Work Session - Eagle County Room
1. Fairgrounds Master Plan Update-Marketing Assessment Data
Jan Miller,Facilities
Executive Summary: This presentation will cover the data research Crossroads Consulting has completed for the
Fairgrounds Master Plan. The consulting group has conducted outreach with user groups,profiled inventory of
area facilities, identified potential market opportunities, developed building programming recommendations and
identified operation considerations. The information discussed will be utilized to provide further input to the
Populous design team.
Board of Health - Eagle County Room
1. Board of Health Meeting
Heath Harmon,Public Health&Environment
Executive Summary: This is a regularly scheduled Board of Health meeting. Within this meeting agenda items
include 1)public comment,2) items of interest by the board members, 3)bylaws for the Board,4)on-site
wastewater fees, 5)proposed budget for 2023. The full agenda and executive summaries can be found in the
attached Board of Health Packet for August 16,2022.
Work Session - Eagle County Room
1. Eagle River Watershed Council-Community Water Plan and Other Updates
Maureen Mulcahy,Open Space&Natural Resources
Executive Summary: The Eagle River Watershed Council will present updates on the Community Water Plan
effort and other initiatives. James Dilzell,ERWC's Executive Director,will lead the presentation.
Public Hearing - Eagle County Room
1. Second Hearing and Adoption: An Ordinance Repealing Eagle County Ordinance No. 92-01 and Eagle County
Ordinance No. 06-01 and Prohibiting Smoking and the Use of Electronic Smoking Devices in Public Places,
Places of Employment and Other Places of Interest Unincorporated Eagle County
Matt Peterson,Attorney's Office
Executive Summary: Eagle County is updating its Smoking Ordinance to reflect legislative changes made
through the Colorado Clean Indoor Air Act and Colorado Revised Statutes 18-1.3-503 and 30-15-401. The
revised Smoking Ordinance will repeal previous ordinances,but ensure that smoking in Eagle County remains
regulated through state law and County-specific provisions that broaden the scope of the prior ordinances to
include vaping. If passed,the revised Smoking Ordinance will apply throughout unincorporated Eagle County.
This item will be noticed to the public on August 4th, 2022 via Eagle Valley Enterprise.
Mr. Peterson,Assistant Eagle County Attorney, stated that the proposed Ordinance no. 2022-01, if
approved,would repeal Eagle County Ordinance no. 92-01 and Eagle County Ordinance no. 06-01, prohibiting
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smoking and the use of electronic smoking devices in public places, places of employment, and other places of
interest in unincorporated Eagle County. The goal was to insure that the previous ordinances were not in conflict
with the Colorado Clean Indoor Air Act. As part of the revised ordinance,the full text of the Clean Indoor Air
Act was incorporated and more restricted provisions to certain facilities unique to Eagle County were added. The
Department of Public Health had been instrumental in helping to craft the regulations to insure that all Eagle
County residents and visitors would be protected from the dangers of secondhand smoke. Another reason to
revise the ordinance was the State Legislature had revised the penalties applicable to an ordinance in Colorado.
Previously a violation of a county ordinance was a petty offense and now it was a civil infraction. All of the
statutory procedures had been followed,and the board could now consider adoption of the ordinance. To pass the
ordinance must receive a majority vote. The County Attorney's Office was recommending approval and adoption
of the revised ordinance.
Commissioner Chandler-Henry asked the reason why this was an ordinance and not a resolution.
Mr. Peterson stated that certain statutes in the Colorado Revised Statutes only allow the county to adopt
an ordinance opposed to a resolution. There was a list of items that say the county may regulate through an
ordinance but not a resolution, such as outdoor smoking and indoor smoking; smoking in public places was one of
those items. The Attorney's Office position was that state statute requires the county to impose an ordinance on
this particular piece of regulation.
Mandy Ivanov,Policy&Partnerships Manager at Eagle County Public Health, stated that she believed it
was timely to update the ordinance due to all the recent changes.
Commissioner Scherr moved to approve on the second reading, an Ordinance Repealing Eagle County
Ordinance No. 92-01 and Eagle County Ordinance No. 06-01 and Prohibiting Smoking and the Use of Electronic
Smoking Devices in Public Places,Places of Employment and Other Places of Interest Unincorporated Eagle
County
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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There being no further business :>.. ,the meeting was adjourned until August 17,2022.
Attest: °<oRaoo (4ca,e_o
Cl to the Board Chairman
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