HomeMy WebLinkAboutMinutes 10/22/2024 PUBLIC HEARING
October 22, 2024
Present: Matt Scherr Chairman
Jeanne McQueeney Commissioner
Kathy Chandler-Henry Commissioner
Jill Klosterman Chief Financial Officer
Beth Oliver County Attorney
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 Scherr opened and closed constituent input, as there was none.
Commissioner Updates
Commissioner McQueeney stated that she did not have any updates.
Commissioner Chandler-Henry mentioned that the commissioners would attend the Eagle County Outdoor
Economy Summit tomorrow, sponsored by the Vail Valley Partnership. She looked forward to the discussion and
would report back next week.
Chairman Scherr reminded folks that it was voting season in Colorado. He would be doing a couple of
ballot rundowns. He did one in Basalt last night and would be at Color Coffee in Eagle this evening at 5 p.m.,then
Thursday at Ein Prosit in Avon. It was an opportunity to cover all the ballot issues to get a better understanding. It
was not about candidates,only about ballot issues. If anyone had not received their ballot they could go to
govotecolorado.gov. He also mentioned that he and Commissioner McQueeney were in Jackson,Wyoming for the
fourth Mountain Towns 2030, a climate summit for resort mountain communities. It was inspiring,and a lot of
solutions were offered.
County Manager Updates
Jill Klosterman stated that she had no updates.
Consent Agenda
1.First Amendment to Agreement between Eagle County and Citadel Security Group,LLC to Provide Security
Services for Eagle County Public Buildings
Ron Siebert,Facilities Management
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2.Agreement for Professional Services Between Eagle County and EFFCT LLC 2024 to Increase Community
Awareness of Resources That Help Prevent or Reduce the Harm of Substance Use
Maria Gonzalez,Public&Environmental Health
3. License Agreement between Eagle County and Shaw Construction-Storage of Modular Units for the Eagle
County Commons Project
Kelly Muir,Project Management
4. License Agreement between Eagle County and Shaw Construction,LLC. - Storage of Soil from the Eagle
County Commons Project
Kelly Muir,Project Management
5. Eagle County Commons-Holy Cross Trench, Conduit,and Vault Agreement
Kelly Muir,Project Management
6. Eagle County Commons-Holy Cross Underground Easement and Right-of-way
Kelly Muir,Project Management
7. Approval of the Minutes for the Board of County Commissioner Meetings for July 9,July 16,July 23, and July
30,2024
Kathy Scriver, Clerk&Recorder's Office
Commissioner McQueeney moved to approve the Consent Agenda for October 22,2024 as presented.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Business Item(s)
1. Resolution 2024-065 in Support for Eagle County Conservation District Ballot Measure in the November 2024
Election
Kallie Rand, Open Space&Natural Resources
Executive Summary: The Eagle County Conservation District has a ballot measure on the November 2024
election to collect a property tax of 0.15 mills. If approved,the Eagle County Conservation District will use funds
to support maintaining drinking water quality and the health of rivers and streams; restoring and protecting forests
and grasslands to reduce the risk of wildfires; and conserving populations of native birds, fish and wildlife species.
Kallie Rand,Natural Resources Manager for the Open Space Natural Resources Department,introduced
the resolution before the board regarding support for the Eagle County Conservation District ballot measure. The
District did excellent work and was primarily funded by grants. Their work aligned well with the Eagle County
Strategic Goal and Priority to protect the mountain ecosystems. The Conservation District was conducting an
independent election, and ballots may be mailed or dropped off in Edwards at Marchetti&Weaver.
Laura Bohannon,Executive Director for the Eagle County Conservation District, spoke about the District's
benefits to the county and community. They were a Title 35 Special District, and the Eagle County Conservation
District was established in 1956 to work with all land owners,water rights holders,and ag producers to assist them
with conservation practices and natural resource management. All of their programs were grant-funded. The
non-renewable grants were going away within the next year or so. For this reason,the Conservation District was
seeking a sustainable funding solution to help continue programming efforts. The proposed mill levy rate was the
smallest that a Conservation District could request. A home valued at$1 million would equate to roughly$10
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annually, essentially providing an income of$650,000 for the District annually. Those dollars would help maintain
the existing operating budget and their exciting programs.
Commissioner Chandler-Henry believed that the work being done by the Conservation District was
important.
Commissioner McQueeney believed it was an incredible amount of work being done for the smallest mill
levy.
Commissioner Chandler-Henry moved to approve the Resolution in Support for Eagle County
Conservation District Ballot Measure in the November 2024 Election.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
2. Resolution 2024-066 Opposing Proposition 127 in the November 2024 Election
Kallie Rand,Open Space&Natural Resources
Executive Summary: This Resolution of the Board of Eagle County Commissioners opposes Proposition 127 in
the November 2024 Election. Proposition 127 is a statewide ballot measure asking voters to prohibit the hunting of
mountain lions,bobcats, and lynx. Eagle County believes that wildlife management should be decided by
professionals and not through ballot box biology, in which management decisions are made by popular vote rather
than scientific consensus.
Ms. Rand stated that Proposition 127 was a statewide ballot initiative that, if passed,would prohibit the
hunting of mountain lions,bobcats, and lynx. Their opposition to Proposition 127 was based on recognizing that
wildlife management decisions should be left to the wildlife management professionals and not to the popular vote.
When the general public makes these decisions,they undermine the decisions of wildlife professionals. Frequently,
regional and local differences in wildlife populations occur. Prohibiting hunting statewide negates these
differences. Keeping these decisions in the hands of wildlife professionals would help maintain the health of the
mountain ecosystems.
Commissioner McQueeney believed it was important to support the professionals as they had the best
interest in mind when it came to wildlife and were making good decisions on the community's behalf.
Commissioner Chandler-Henry stated that the board supported CPWs management based on data and
research.
Chairman Scherr stated that he supported the ballot measure but understood the objections and believed
that some improvements to the system may be needed.
Harold Smethills wished to submit a written comment. He expressed appreciation for the leadership of
Eagle County for backing the science of wildlife management,not the science of social engineering. He lost a
horse to a mountain lion a few years back. He was impressed with the DOW and rangers as they knew what they
were doing and cared deeply. He believed the board was doing the right thing.
Commissioner McQueeney moved to approve Resolution Opposing Proposition 127 in the November
2024 Election.
Commissioner Chandler-Henry seconded the motion. The vote was unanimous.
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3. Resolution 2024-067 in Support of the Passage of Eagle River Fire Protection District Ballot Issue 6A
Dani Moore,Administration
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Executive Summary: The commissioners will be reviewing a resolution in support of ballot issue 6A for ERFD.
Chief Karl Bauer with the Eagle River Fire Protection District spoke about Ballot Issue 6A and their intent
to diversify the District's funding so that the District was able to purchase equipment when it was needed, stay
appropriately staffed, and anticipate growth. The sales tax measure would ensure that the Eagle River Fire
continues to furnish critical emergency response services within Eagle County.
Commissioner Chandler-Henry believed the Eagle River Fire was a hugely important part of the county.
Chairman Scherr believed that inflation had increased the cost of equipment as well.
Mr. Bauer stated that they were seeing an annual inflation to fire engines at about 6%a year and currently
one fire engine costs $1.25 million. Other equipment had significantly increased in cost as well and compounds
over time.
Chairman Scherr believed that the fiscal structure in Colorado limited how governments could collect
money, as such it required some creativity to find legal and practical ways to do so.
Commissioner Chandler-Henry moved to approve the Resolution in Support of the Passage of Eagle River
Fire Protection District Ballot Issue 6A.
Commissioner McQueeney seconded the motion. The vote was unanimous.
4. Resolution 2024-068 in Support of Colorado Constitutional Amendment K Regarding the Modification of
Constitutional Election Deadlines
Regina O'Brien,Clerk&Recorder's Office
Executive Summary: Amendment K would give County Clerks an additional five business days to build,review,
proof,translate, and test hundreds of different ballot types needed for each election. As Eagle County and Colorado
ballots continue to get longer and more complicated,this small amount of additional time would help tremendously
to ensure that the ballots voters receive are accurate. Some of the deadlines that drive the timing for Clerks are set
in the Colorado constitution,and only voters can amend these deadlines by passing Amendment K. This resolution
supports County Clerks and Amendment K.
Regina O'Brien, Clerk&Recorder, explained the details of Amendment K. She explained that there was
an incredibly short timeline to produce and perfect many different ballot styles, in some cases, hundreds of ballot
styles,before they had to get them to the print vendors to meet federal deadlines. Amendment K would push the
deadlines back by a week,giving Clerks an additional five business days to create ballots. There was no fiscal
impact. The additional five days would be a game-changer for everyone.
Commissioner McQueeney stated that it was helpful for the public to understand the number of ballot
styles. All the work done in the Clerk's office was very much appreciated.
Commissioner Chandler-Henry thanked Ms. O'Brien for weighing in on the statewide ballot issue.
Ms. O'Brien stated that there were 49 different ballot styles,and they also produced ballots in Spanish in
the same amount of time. They received the ballot content from the Secretary of State Office on Monday,
September 9th, at 4:00 p.m., and by Thursday of the same week,they needed to have all 49 ballot styles done. This
was an incredibly short time to produce a perfect ballot.
Commissioner McQueeney moved to approve Resolution in Support of Colorado Constitutional
Amendment K Regarding the Modification of Constitutional Election Deadlines.
Commissioner Chandler-Henry seconded the motion. The vote was unanimous.
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5. Electronic Recording Technology Board Grant Agreement for Annual Recording Software Fees
Regina O'Brien, Clerk&Recorder's Office
Executive Summary: The Electronic Recording Technology Board awarded the Clerk& Recorder's Office a grant
in the amount of$32,242.94 to cover the 2024 Acclaim(e.g., Recording division software)annual fee.
Ms. O'Brien stated that these grants were helpful to keep the recording software up-to-date and cover
annual licensing fees. She recognized Lisa Lowe,Recording Manager, for her work on the grant process.
Commissioner Chandler-Henry moved to approve the Electronic Recording Technology Board Grant
Agreement for Annual Recording Software Fees.
Commissioner McQueeney seconded the motion. The vote was unanimous.
6. Resolution 2024-069 Authorizing and approving a site improvement lease, lease purchase agreement,certificate
purchase agreement and related documents and transactions in connection with the execution and delivery of
certificates of participation for the financing of a portion of the costs of the construction of the Eagle County
government services building located at 410 Miller Ranch Road, in Edwards, Colorado.
Jill Klosterman,Administration
Executive Summary: Eagle County is working towards the issuance of Certificates of Participation to fund a
portion of the Eagle County Commons building in Edwards. This resolution defines the project and gives
parameters to move forward with the issuance of the COPs.
Jill Klosterman,Eagle County Chief Financial Officer, stated that the resolution represented a lot of work
done by the county team and consultants that the county was using to issue certificates of participation to finance
a portion of the Eagle County Commons project in Edwards. The resolution referred to all legal documents still in
draft form,which outline the plan in terms by which they will do the financing. The proceeds of these
Certificates of Participation would be used to fund the government services building and the election center
portion. They expect to generate proceeds of about$21 million. All the documents would be finalized and
approved by the attorney's office.
Commissioner Chandler-Henry asked Ms. Klosterman to discuss the collateral.
Ms. Klosterman stated that the collateral would be the money until the building is built,and they intend to
use the Capital Improvements Fund to make the payments of Certificates of Participation.
Commissioner Chandler-Henry asked about the documents labeled"Draft"and whether the"Draft"be
removed once they were approved.
Ms. Klosterman stated that there were still things to be finalized, and the final documents would be ready
prior to closing.
Commissioner McQueeney moved to approve the Resolution Authorizing and approving a site
improvement lease, lease purchase agreement,certificate purchase agreement, and related documents and
transactions in connection with the execution and delivery of certificates of participation for the financing of a
portion of the costs of the construction of the Eagle County government services building located at 410 Miller
Ranch Road, in Edwards, Colorado.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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Planning Files - Eagle County Room
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1. AFP-009458-2024,40 Beaver Creek Drive
Vince Hooper,Planning
Executive Summary: A request to amend the existing building envelope to incorporate the existing building
encroachments and allow future home remodel.
Project Name: 40 Beaver Creek Drive
File No.: AFP-009458-2024
Location: 40 Beaver Creek Drive (Assessor's Parcel#2105-132-01-025)
Owners/Applicants: Hayley Ann&Daniel Francis McCarthy ETAL
Representative: Bobby Ladd-RAL Architects
Staff Planner: Vince Hooper, PMP, Senior Planner
Mr. Hooper presented the application,reviewed the process, and stated that no public comments had been
received. The application was sent out for referrals, and a few minor responses were received. It was publicly
noticed. Staff had yet to receive any public comments to date. He noted that because the property was within the
Beaver Creek PUD,there were two different sets of standards, and staff had analyzed both. The property was
platted in 1980 and known within the PUD Guide as Tract I and designated within the PUD Guide as Residential
Low Density(RLD). The property was currently non-conforming because of the building envelope encroachment.
The purpose of the application was to modify the building envelope, incorporate existing encroachments into the
building envelope, and expand the building envelope in specific locations to accommodate future exterior
modifications to the house. The overall size of the building envelope was not going to increase. He reviewed the
standards and indicated that the staff recommended approval with a condition.
Bobby Ladd with RAL Architects spoke on behalf of the property owner. His clients bought the home a
year and a half ago, so the encroachments were inherited. They were looking to make some additions and changes
to the structure and found out that the areas were outside of the building envelope. Part of the remodel also involved
modifying the envelope, so they combined the application with the addition.
Mr. Hooper stated that the application could have been handled administratively had the applicant been able
to get a written letter of approval from all adjacent property owners.
Chairman Scherr opened and closed public comment, as there was none.
Commissioner McQueeney believed the application was straightforward.
Commissioner Chandler-Henry concurred with her fellow commissioner and staff's analysis of the five
standards required by Eagle County and analysis of the two standards from Beaver Creek.
Chairman Scherr agreed that the application met the standards of the Beaver Creek PUD and the Eagle
County Land Use Regulations.
Commissioner Chandler-Henry moved to approve File No. AFP-009458,40 Beaver Creek Drive,
incorporating staff's findings and recommended conditions,because the application, as conditioned,meets the
standards for approval of an Amended Final Plat.
Commissioner McQueeney seconded the motion. The vote was unanimous.
2.AFP-009386-2023, 133 & 139 Kimberwick Way Amended Final Plat and Amended BE Lot 9 Vacate BE Lot 10
Vince Hooper,Planning
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Executive Summary: Request to vacate the interior lot line between Lots 9 & 10, forming a single lot,Lot 9A;
expand the building envelope of Lot 9A; and to relocate the utility and drainage easement associated with the
vacated interior lot line.
Project Name: 133 & 139 Kimberwick Way Amended Final Plat and Amended BE Lot 9 Vacate BE Lot 10
File No.: AFP-009386-2023
Location: 133 & 139 Kimberwick Way,Edwards Area(Parcel#2107-161-12-009,2107-152-08-001,
2107-161-12-010, and 2107-152-08-002)
Applicant(s): Kenneth and Debra Dunn
Representative:Not Applicable
Staff Planner: Vince Hooper,PMP, Senior Planner
Mr. Hooper presented the application. Similar to the last file, he reviewed the application review process
for an amended final plat. There was also the Cordillera PUD Guide,which had a couple of provisions. The
application was sent out for referral and received a couple of responses, all of which were insignificant. The PUD
required a 30-day public notice which was carried through in the newspaper. Staff had not received any public
comment to date on the application. The applicant was online and prepared to address any questions. The
property was located in the Cordillera PUD, and the applicant wished to modify the building envelope,vacate the
lot line between Lot 9 and Lot 10,relocate drainage and utility easements,create one parcel, and expand the
garage associated with the existing house. The proposed building envelope modification would maintain the
existing building envelope size. He reviewed the standards and indicated that the application complied with all of
the requirements for Final Plats as required by the Eagle County Land Use Regulations. Staff recommended
approval with.one condition.
Ken Dunn,the applicant, stated that staff covered everything well, and he had nothing to add.
Chairman Scherr opened and closed public comment, as there was none.
Commissioner Chandler-Henry concurred with staff's analysis that the file met the five standards as
required by the Eagle County Land Use Regulations and the standards required by the Cordillera PUD.
Commissioner McQueeney agreed and believed the file was straightforward and met the standards.
Chairman Scherr also agreed the application was straightforward and met the standards.
Commissioner McQueeney moved to approve File No. AFT-009386-2023,AFP for Cordillera
Subdivision Filing 37, Phase 2 incorporating staff's findings and recommended conditions,because this
application, as conditioned,meets the standard for approval of an Amended Final Plat.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
There being no further business before the Board, the meeting was adjourned until October 29,2024.
Attest: -10 tr i
Clerk to the Board Chairt‘n
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