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HomeMy WebLinkAboutMinutes 01/31/2023 PUBLIC HEARING January 31, 2023 Present: Kathy Chandler-Henry Chairman Matt Scherr Commissioner Jeanne McQueeney Commissioner Virtual Jeff Shroll County Manager Matt Peterson 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: Constituent Input Chairman Chandler-Henry opened and closed public comment,as there was none. Commissioner Updates Commissioner Scherr stated that he had nothing to share. Commissioner McQueeney spoke about the Glenwood Canyon closure and empathized with those who were experiencing it personally. Chairman Chandler-Henry thanked the emergency managers, sheriff's deputies, and law enforcement. The c,J.ese-rs were a huge issue. GlO5140-6 County Manager Updates Jeff Shroll stated that he had nothing to share this week. Consent Agenda 1. Resolution 2023-007 Approving a Minor Type B Subdivision for 128 Ronce Lane David McWilliams 2. Easement Agreement for Vero Broadband for an Easement Through the Leadville Bus Barn Property for a Broadband Service Line Ron Siebert,Facilities Management 3. Second Amendment to Agreement Between Eagle County,Colorado and Miller Engineers,Inc. dba Souder, Miller&Associates Jesse Masten, Solid Waste and Recycling 1 01/31/2023 4. Third Amended and Restated Intergovernmental Agreement for Cooperative Law Enforcement Services Between the Town of Minturn and Eagle County, Colorado James Van Beek, Sheriff's Office 5. Eagle County Regional Airport AIP-068 Final Settlement Josh Miller,Airport 6. Ratify The Electronic Recording Technology Fund Grant Award for Eagle County Lane Sheldon,Attorney's Office 7. Agreement between Colorado Department of Early Childhood and DBA Health and Human Services Amendment#6 Maria Gonzalez, Public Health&Environment 8. Resolution 2023-008 concerning the termination of certain Eagle County Colorado Works Policies and the adoption of new Eagle County Colorado Works Policies Kathleen Lyons,Human Services 9. Intergovernmental Agreement Between the Board of County Commissioners of Eagle County,Colorado and the Board of County Commissioners of Pitkin County,Colorado regarding the housing of Pitkin County detainees at the Eagle County Jail James Van Beek, Sheriff's Office Commissioner Scherr moved to approve the Consent Agenda for January 31,2023 as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Item(s) 1. Resolution 2023-009 Adopting the 2023 Eagle County Emergency Operations Plan Birch Barron, Eagle County Emergency Management Executive Summary: This Resolution adopts the 2023 Eagle County Emergency Operations Plan. The Emergency Operations Plan is one of the fundamental building blocks of our community's Emergency Management System and is consistent with the accepted standards and principles of the National Incident Management System. The Eagle County Emergency Operations Plan outlines key roles and responsibilities during an emergency and describes the structure and processes that make up the countywide approach to incident management designed to integrate the efforts and resources of public safety agencies, local government, private-sector, and non-governmental organizations. Upon adoption,the 2023 Eagle County Emergency Operations Plan will supersede the previous Emergency Operations Plan adopted in 2018. Birch Barron, Eagle County Director of Emergency Management,reviewed the 2023 plan. The plan described the structure and processes comprising a countywide approach to incident management designed to integrate the efforts and resources of local government,private-sector,and non-governmental organizations. The plan covered mission areas to prevent emergencies from occurring,protecting critical infrastructure, and mitigating the impacts of future emergencies. This plan focused on the last two,response and recovery phases. Fernando Amanza, Eagle County Emergency Management Specialist, spoke about the public safety districts and service areas. Every public safety agency was uniquely responsible for emergencies and responses 2 01/31/2023 within its jurisdiction. Some of the areas within Eagle would be covered by the Eagle County Sheriff's Department and others by the Town of Eagle. Mr. Barron stated that the dispatch center was the closest appropriate resource to an emergency. The county had been involved in 115 emergencies between 2019-2023. He shared that since this presentation had been submitted,that number had increased to 119. The plan would be reviewed every two years to provide an opportunity for the board to make changes. The team recommended adoption of the resolution. Commissioner Scherr believed it was an impressive plan. He wondered if there was training for those who had a role in the plan. Mr. Barron stated that training on the plan itself was a priority and they would provide any useful training upon request. Commissioner McQueeney expressed appreciation to Mr. Barron for his leadership and thanked him for building trust and the ongoing collaboration. Chairman Chandler-Henry echoed the comments of her colleagues. She believed that having a connection and building relationships before emergencies occur was important. Jeff Shroll believed the county had come very far in terms of cooperation and collaboration. The level of awareness was well appreciated. Commissioner Scherr moved to approve the resolution adopting the 2023 Eagle County Emergency Operations Plan. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Public Hearing - Eagle County Room 1. Second Hearing and Adoption: An Ordinance Repealing and Replacing Eagle County Ordinance No. 19-01 Regarding the Authority of the Eagle County Sheriff to Declare Fire Restrictions Within Unincorporated Eagle County Matt Peterson,Attorney's Office Executive Summary: This ordinance is repealing Eagle County Ordinance No. 19-01 and authorizing the Eagle County Sheriff to declare fire restrictions within unincorporated Eagle County. This is the second hearing. This item was noticed to the public on January 19,2023 via the Eagle Valley Enterprise. Mr. Peterson,Assistant Eagle County Attorney, gave a brief introduction of the proposed ordinance. The Ordinance titled 2023-001 would repeal and replace Eagle County Ordinance 19-01 regarding the authority of the Eagle County Sheriff to declare fire restriction within Eagle County. A second reading required at least 10 days of notice prior to the second reading, and the Attorney's Office had complied with the notice requirement. The purpose of revising the Ordinance was to bring it in compliance with current Colorado law. Previously, the ordinance made a violation of the ordinance a class 2 petty offense. However,the state legislature had changed the classification,and now any violation of a county ordinance would be a civil infraction. They also took the opportunity to make a few other adjustments,adding an exception for agricultural burn and an exception for letters of authorization. At this time staff had not received any public comment. He also noted that the notice included the full text of the proposed ordinance as well. The Attorney's office was recommending approval and adoption of this ordinance to insure Eagle County's ordinances were legally accurate and to continue delegating to the authority on this matter to the Sheriff in order to quickly respond to emergency situations as they arise. If the board adopted the ordinance,he recommended publishing the ordinance in full so that members of the public were fully informed of the contents of the ordinance. 3 01/31/2023 Commissioner Scherr stated that he received a comment over the phone from a Minturn town council member who was concerned about the level of penalty. He understood the concern but also understood that this was being done to comply with State Statute which superseded the board's authority. Mr. Peterson stated that there was a Colorado State Statute that specified that the board may not adopt any resolution or ordinance that was contrary to state law. State law now sets the penalty for violation of any county ordinance at a civil infraction. One would not be limited to a civil infraction if one failed to follow fire restrictions and may be subject to other very serious penalties as well. Sheriff Van Beek believed the ordinance had some teeth. The idea was to communicate with folks to be responsible. Chairman Chandler-Henry stated Exhibit A in the resolution had a typo "Open Fires"and"Personal Fireworks"were listed twice. Chairman Chandler-Henry opened and closed public comment, as there was none. Commissioner Scherrmoved to adopt an Ordinance repealing and replacing eAgle County Ordinance NO. 19-01 Regarding the Authority of the Eagle County Sheriff to Declare Fire Restrictions within Unincorporated Eagle County, amended as discussed. Commissioner McQueeney seconded the motion. The vote was unanimous. Chairman Chandler-Henry noted that the afternoon planning file would be tabled officially from the Eagle Conty Room. Planning File - Mt Sopris Room 1. The Fields: Combined Sketch and Preliminary Subdivision Plan, SSP-9165-2021,Zone Change, ZC-9136-2021,Variation from Improvement Standards,VIS-9169,Areas and Activities of State Interest 1041 Permit, 1041-9137 Vince Hooper, Community Development Executive Summary: This is a continuation of the hearing started on August 17, 2022,which was subsequently tabled on August 29,2922,again on October 11, 2022 and December 20, 2022 for consideration of Applications for a residential development with a mix of housing types providing up to 135 residential units. The Applicant requests approval of an Amendment to the Official Zone District Map("Zone Change")from Rural Residential (RR)to Residential Multi-family(RMF). The Applicant requests approval of a combined Sketch/Preliminary Plat Application, a Zone Change Application, a Variation from Improvement Standards,and a 1041 Permit (collectively the "Application')for a 19.39 acre parcel located north of and adjacent to Valley Road,west of El Jebel Road, and south of Highway 82. Vince Hooper, Eagle County Staff Planner, stated that due to a technical website error,the staff report was not loaded onto the website. Therefore staff was recommending the application be tabled until February 21,2023 at 4 pm in El Jebel. Trent Hyatt,Deputy Director of Community Development stated that he was at the El Jebel Community Center and there were some folks who showed up. He let them know that the file would be tabled until February 21. Matt Peterson,Assistant Eagle County Attorney, noted that the County Land Use Regulations required that a staff report be available to the applicant and the public at least five working days prior to the public hearing. 4 01/31/2023 Chairman McQueeney stated that she received a number of phone calls and apologized if anyone went over to the meeting in El Jebel. Commissioner Scherr moved to table the Fields: Combined Sketch and Preliminary Subdivision Plan, SSP-9165-2021,Zone Change,ZC-9136-2021,Variation from Improvement Standards, VIS-9169,Areas and Activities of State Interest 1041 Permit, 1041-9137 until February 21,2023 at 4 PM in El Jebel. Commissioner McQueeney seconded the motion. The vote was unanimous. w �t t�(ilE Coot' Vf There being no further business b' o the meeting wa adjourned until February 7, 2023. COI no ta�0 Attest: / erk to he Board Chairman 5 01/31/2023