HomeMy WebLinkAboutMinutes 05/16/2023 PUBLIC HEARING
May 16, 2023
Present: Matt Scherr Commissioner
Jeanne McQueeney Commissioner
Jeff Shroll County Manager
Matt Peterson Assistant County Attorney
Regina O'Brien Clerk&Recorder
Kathy Scriver Deputy Clerk to the Board
Absent: Kathy Chandler-Henry Chairman
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
Constituent Input
Chairman Pro-Tern Scherr opened and closed constituent input, as there was none.
Commissioner Updates
Commissioner McQueeney spoke about the Vail Valley Partnership award ceremony this past Friday. It
was a great event that highlighted some local businesses and individuals having an impact in the community. She
gave a shout out to some of the award winners.
Chairman Pro-Tern Scherr mentioned that on Sunday there was a group that gathered in Vail Village.
"Mothers Demand Action"was a nationwide movement that gathered publicly to express their frustration with the
state of gun violence in the United States.
County Manager Updates
Jeff Shroll spoke about a couple items related to the airport. There would be a safety exercise being
performed on May 19th.Also,he recently read that there had been 431,000 passengers coming in and out of the
airport last year. This was up 6.9%from the previous year.
Consent Agenda
1. Resolution 2023-031 Authorizing Withdrawal to Fund Alexander Allen Scholarship Recipients
Teak Simonton, Treasurer's Office
2. Resolution 2023-032 for Denial-CRMPI-ZS-9170-2021 Special Use Permit
Trent Hyatt, Community Development
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3. Resolution 2023-033 Concerning Assessor Generated Abatement and Refund of Taxes-R068566 EdgeCreek
LLC
Rhea Silverkorn,Administration
Commissioner McQueeney moved to approve the Consent Agenda for May 16, 2023 as presented.
Commissioner Scherr seconded the motion. Of the two voting commissioners,the vote was declared
unanimous.
Business Item(s)
1. Ratification of Contract to Purchase Real Estate Located at 032525 Hwy 6,Edwards,CO
Bryan Treu,Attorney's Office
Executive Summary: Eagle County has entered into a contract to purchase 4.5 acres along the Eagle River in
Edwards. The purchase price is $3.8 million, $600,000 of which is being donated by the seller. A condition of
the contract is that it be approved and ratified by the Board of County Commissioners at a regularly scheduled
and public meeting. This item is being presented to satisfy this condition.
Jill Klosterman explained the county's interest in the property. The property was across the river from an
open space parcel and there were several strategic opportunities for the property. The property was about 4 acres
and zoned residential low density. She reviewed the terms of the agreement and stated that the closing date would
be no later than August 15, 2023. Staff recommended engaging the public as to future uses of the parcel.
Kit Williams,property owner, stated that he owned the property for 25 years and looked forward to the
new opportunities the property had to offer the community.
Commissioner McQueeney moved to approve the Contract to Purchase Real Estate Located at 032525
Hwy 6, Edwards Colorado.
Commissioner Scherr seconded the motion. Of the two voting commissioners the vote was declared
unanimous.
Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and
reconvene as the Eagle County Housing and Development Authority.
Commissioner Scherr seconded the motion. Of the two voting commissioners,the vote was unanimous.
Eagle County Housing and Development Authority
1. Resolution 2023-034 Authorizing the Eagle County Housing and Development Authority to Join With Other
Government Entities as a Participant in the Colorado Statewide Investment Pool to Pool Funds for Investment
Jill Klosterman,Finance
Executive Summary: ECHDA would like the authority to join with other government entities as a participant in
the Colorado Statewide Investment Pool to pool funds for investment.
Jill Klosterman spoke about the policy and intent. The policy was modeled after the Treasure's policy.
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Commissioner McQueeny moved to approve the Resolution authorizing the Eagle County Housing and
Development Authority to Join With Other Government Entities as a Participant in the Colorado Statewide
Investment Pool to Pool Funds for Investment.
Chairman Pro-Tem Scherr seconded the motion. Of the two voting commissioners,the vote was declared
unanimous.
2. Resolution 2023-035 authorizing the Eagle County Housing and Development Authority to Adopt an
Investment and Banking Policy
Jill Klosterman,Finance
Executive Summary: ECHDA would like to formally adopt an investment and banking policy to ensure its
monies are held and invested according to a sound fiscal policy.
Commissioner McQueeney moved to approve the Eagle County Housing and Development Authority to
Adopt an Investment and Banking Policy.
Chairman Pro-Tern Scherr seconded the motion. Of the two voting commissioners,the vote was declared
unanimous.
Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority
and reconvene as the Eagle County Board of County Commissioners.
Chairman Pro-Tem Scherr seconded the motion. Of the two voting commissioners,the vote was declared
unanimous.
Groundbreaking Event - Eagle Vail
Kevin Sharkey, ECO Trails
1. Groundbreaking Ceremony for the Eagle Valley Trail EagleVail and Dowd Junction Segment
Work Session - Eagle County Room
1. Eagle River Water& Sanitation District: Regional Water and Wastewater Utility Planning
Executive Summary: ERWSD General Manager Siri Roman and senior staff will continue their two-part
presentation. Part 2 will focus on water supply planning and outlook,the ability to serve process,and integrating
planning processes with land use authorities.
Public Hearing - Eagle County Room
1. Public Hearing-Revocation of Special Use Permit ZS-3055
Matt Peterson,Attorney's Office
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Executive Summary: A public hearing for the Board of County Commissioners to consider revocation of Special
Use Permit ZS-3055 for failure to comply with certain conditions pursuant to Article 7 of the Eagle County Land
Use Regulations.
Matt Peterson,Assistant Eagle County Attorney, stated that the Special Use Permit was originally issued in
2011 to the property located at 71 Edwards Access Road in Edwards. It appeared that they would not be able to
proceed with the hearing today but he wanted to cover a potential conflict of interest and provide some background
and context for the board to decide on how they wished to move forward. He asked Commissioner Scherr if he had
previously investigated a public access issue in the Edwards Plaza property located at 69 Edwards Access Road.
Commissioner Scherr stated he was on a run from Battle Mountain High School and followed the Eagle
Valley Trail and came upon a"no trespassing"sign. He thought the property was accessible to the public so took
down the sign and continued running. He was stopped by a property owner, and after a discussion with this person,
thought it was best to put the sign back up.
Mr. Peterson asked Commissioner Scherr if he was charged criminally for his actions.
Commissioner Scherr said he was not charged but had received a call from a deputy from the Sheriffs
Office and provided an explanation of the encounter.
Mr. Peterson asked Commissioner Scherr if when he removed the sign,he thought it was on county open
space property.
Commissioner Scherr stated he believed it was a legal access with an easement granted to the county.
Mr. Peterson asked Commissioner Scherr if he personally gained anything from his discussions with the
property owner.
Commissioner Scherr stated he did not.
Mr. Peterson asked Commissioner Scherr if he personally suffered any hardships as a result of the
interaction.
Commissioner Scherr stated that he had not.
Mr. Peterson asked Commissioner Scherr if he could fairly and impartially evaluate revocation of a Special
Use Permit for the property at 71 Edwards Access Road recognizing that it was a different property and that the
Special Use Permit must be evaluated independently aside from any other issues that may be occurring at 69
Edwards Access Road.
Commissioner Scherr believed he could and he had no personal stake in the outcome in considering the
Special Use Permit.
Mr. Peterson stated that he did not believe there was a conflict of interest and Commissioner Scherr could
proceed to consider the hearing today.
Mr. Peterson reviewed the background of the property, conveyance of the easement for public access,
which was Condition#3 of the Special Use Permit. There was a lack of recorded easement at 69 Access Road. The
property owner agreed on the record to work with the county to convey the easement for public access allowing a
connection with the two county properties. The lack of the recorded easement came to the attention of his office in
mid to late 2022 when the current manager of the property located at Edwards Plaza expressed concerns about
members of the public crossing the property. Members of the public had been using the property as the point of
access for the Preserve since the county purchased the property in 2005. The county sent a formal notice of
violation via certified mail on March 14 to the property owner and property manager indicating that a response was
due within 10 days. There was no response from the owner so the hearing was set for today. He pointed out that he
had received correspondence from an attorney in Edwards area who indicated that he represented the parties and
wanted to convey a public access easement in satisfaction of the Special Use Permit located at 71 Edwards Access
Road. However, since that time there had been a change and the current attorney indicated that the land owners no
longer wanted to convey that easement.
Ruth Borne of Edwards spoke on behalf of Edwards Plaza. She wanted the record to state that she felt
there was"impropriety"with Commissioner Scherr. Her client had a criminal proceeding which should wrap up
tomorrow surrounding the properties. They wanted to postpone the hearing. They want to resolve the access issues.
Based on her review it was not a clean issue.
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Commissioner McQueeney moved to continue the hearing to a date certain of July 25,2023 at 3:30 p.m. for
a hearing to consider revocation of Special Use Permit,ZS-3055.
Chairman Pro-Tern Scherr seconded the motion. Of the two voting commissioners,the vote was declared
unanimous.
EAG[EC$2G
There being no further busin ard,the meeting as adjourned until May 23, 20 3.
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Attest:
Cler to the Board Chairman
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05/16/2023
