HomeMy WebLinkAboutR16-064 Amending and Consolidating Various Open Space Resolutions Commissioner C4416--i 0 ut,Vi - moveu adoption
• of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2016- O(ort
RESOLUTION AMENDING AND CONSOLIDATING VARIOUS OPEN SPACE
RESOLUTIONS CREATING THE EAGLE COUNTY OPEN SPACE PROGRAM,THE
EAGLE COUNTY CITIZENS' OPEN SPACE ADVISORY COMMITTEE,AND THE
EAGLE COUNTY OPEN SPACE FUND
WHEREAS, on November 5, 2002, the voters of Eagle County approved County Ballot
Referendum 1H to establish earmarked funding for the purpose of acquiring, maintaining, or
permanently preserving Open Space(defined below) in Eagle County; and
WHEREAS, on August 19, 2003, Resolution No. 2003-97 providing for the
establishment of the Eagle County Open Space Program, Citizens' Open Space Advisory
Committee and Eagle County Open Space Fund was adopted by the Board of County
• Commissioners, County of Eagle, State of Colorado; and
WHEREAS, on February 3, 2004, the Eagle County Board of County Commissioners',
("Board") approved Resolution No. 2004-015 which amended, restated, superseded and replaced
in its entirety Resolution No. 2003-97; and
WHEREAS, on February 17, 2004, the Board approved Resolution No. 2004-021 which
provided for the adoption of open space criteria to prioritize the selection of eligible lands for
open space and Resolution No. 2004-021 shall remain unchanged by this Resolution and in full
force and effect; and
WHEREAS, on February 17, 2004 the Board approved Resolution No. 2004-022
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adopting bylaws for the Open Space Advisory Committee; and
WHEREAS, on April 3, 2007 the Board approved Resolution No. 2007-028 which
amended Resolution 2004-022 by eliminating limitations on terms of officers of the Open Space
Committee and requiring a site visit prior to voting on an open space project; and
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By:
4�
• Eag e County Attorney's Office
By:
1 Eagle aunty Commissioners'Office
WHEREAS, on April 24, 2012, the Board approved Resolution No. 2012-48 amending
• Resolution 2004-15 to restructure the Open Space Advisory Committee and appointing interim
membership; and
WHEREAS, on April 8, 2014, the Board approved Resolution 2014-028 establishing the
Open Space Preservation Reserve Fund and Resolution 2014-028 shall remain unchanged by this
Resolution and in full force and effect; and
WHEREAS, the earmarked funding approved by Referendum 1H (the"Open Space
Tax")has been in existence for over ten years and the Board desires to consolidate, revise and
clarify the various resolutions; and
WHEREAS, the Board may amend or modify the resolutions or any conditions or
provisions contained therein if the Board determines and declares that amending or modifying
the resolution is necessary for the public health, safety and welfare of the citizens of the County
of Eagle, State of Colorado; and
WHEREAS, this Resolution is intended to, and shall, supersede and replace in its entirety
Resolution 2004-15, 2004-22, 2007-28, and 2012-48; and
• WHEREAS, in furtherance of the purpose of Referendum 1H, and to provide for an
orderly program and process for the implementation of Referendum 1H and maintenance,
management and protection of Open Space in Eagle County for the benefit of present and future
generations, it is hereby determined appropriate and in the public interest to establish: (1) an
Eagle County Open Space Program; (2) an Eagle County Citizens' Open Space Advisory
Committee; and (3) an Eagle County Open Space Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board of County Commissioners finds, determines and declares this
Resolution is necessary for the public health, safety and welfare of the citizens of the County of
Eagle, State of Colorado.
THAT, as set forth and described below,there is hereby established:
1. Definitions.
2. An Eagle County Open Space Program.
3. An Eagle County Citizens' Open Space Advisory Committee.
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• 4. An Eagle County Open Space Fund.
5. Amendment.
SECTION I
DEFINITIONS
1. Open Space: As used in this Resolution, and for purposes of the Open Space Program,
the terms "Open Space" or"Open Space Lands"shall mean an area of land that is partially or
wholly undeveloped, natural or pastoral in character. Property may be characterized as Open
Space because it possesses certain characteristics or traits worthy of preservation through the
Open Space Program, such as and not by way of limitation, fish and wildlife habitat or migration
routes; working farms and ranches; scenic landscapes and vistas; wetlands, floodplains or other
riparian habitat; public access to rivers and streams or lands open to the public; dispersed
recreation; geographic or topographic formations; rare or significant flora or fauna; cultural
historic values; or other natural, open space or conservation values. "Open Space" or"Open
Space Lands"may include lands which can be restored, in whole or in part, to possess an
undeveloped, natural, or pastoral character.
• As determined appropriate for an individual Open Space parcel, and if in accordance with
the project documents (i.e. instruments of acquisition, conveyance, conservation easement and
the like), Open Space Lands may be used for the following:
a. Dispersed motorized or non-motorized recreation including hiking, hunting,
fishing, horseback riding, nordic skiing, mountain biking, snowmobiling or other
off-road vehicle use of a low impact and dispersed nature that is consistent with
conservation values; or
b. The construction or installation of trails,boat ramps,parking, signage and
informational kiosks and other recreational improvements or amenities, related
public improvements for the purposes of public access, enjoyment, and low
impact dispersed recreation; or
c. The construction of rustic camping or other rustic facilities (i.e., huts, shelters,
etc.) in conjunction with low-impact dispersed recreational uses.
Open Space Lands shall not be used for the construction or operation of developed recreational
facilities such as golf courses, athletic fields,motorized vehicle tracks, equestrian facilities or
• other developed facilities for non-dispersed types of recreation. However, such uses on a
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property or properties shall not preclude the use of Open Space Funds in collaboration with other
• funding sources provided such property or properties also contain Open Space Lands or
otherwise preserve Open Space values and characteristics as determined by Eagle County.
2. Open Space Acquisition, Maintenance and/or Permanent Preservation:
a. As used in this Resolution, and for purposes of the Open Space Program, the
term Open Space"acquisition"means that Eagle County may, through direct
county action, or in collaboration with or through land trusts, local, state or
federal agencies, other qualified land conservation organizations, or
individuals, or entities (public or private), acquire, maintain or permanently
preserve Open Space utilizing the Open Space Tax or other funding sources or
authorities other than Referendum 1H, all of which may include,but not be
limited to, donations,bequests, devise, dedication, or purchase in accordance
with Colorado law, or other means available to the County.
b. As used in this Resolution, and for purposes of the Open Space Program, the
term"maintenance"may include,but not be limited to,management through
oversight of the operation of Open Space Lands within the Program;
enforcement of applicable regulations; installation and on-going maintenance
• of improvements on Open Space Lands; and maintenance and restoration of
Open Space Lands to improve, rehabilitate or enhance identified Open Space
traits and characteristics.
c. As used in this Resolution, and for purposes of the Open Space Program, the
term"permanent preservation"means maintaining Open Space Lands wholly
or partly in an undeveloped, natural or pastoral character or through
conservation easements or other conservation techniques acceptable to Eagle
County.
SECTION II
EAGLE COUNTY OPEN SPACE PROGRAM
1. Implementation of Open Space Program. In order to implement Referendum 1H and to
provide an administrative structure for acquiring, maintaining or permanently preserving
Open Space in Eagle County, there is hereby established the Eagle County Open Space
Program(hereinafter referred to as the"Open Space Program"or"Program").
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The purposes of the Program shall include,but are not limited to:
IPa. The acquisition, maintenance, and/or permanent preservation of interests in
Open Space Lands by Eagle County, alone or in collaboration with or through,
land trusts, local, state or federal agencies, other qualified land conservation
organizations, or individuals, or public or private entities utilizing the Open
Space Tax or other funding sources or authorities other than Referendum 1H,
all of which may include,but not be limited to, donations,bequests, devise,
dedication, or purchase in accordance with Colorado law, or by other means
available to the County.
b. Stewardship and maintenance of any lands, conservation easements, or other
interests acquired and held by Eagle County, alone or in association with or
through, land trusts, local, state or federal agencies, other qualified land
conservation organizations, individuals, or entities (public or private).
c. Such other purposes as identified by the Board as consistent with the purposes
of Referendum 1H.
2. Administration of Open Space.
• a. Lands, conservation easements or other interests in land may be acquired, in
whole or in part,by or with assistance from, Eagle County alone, or in
association with land trusts, local, state or federal agencies, other qualified
land conservation organizations, public or private entities or individuals,
pursuant to the authority of Referendum 1 H, or other available funding, and
shall be managed to maintain or permanently preserve and protect the Open
Space and associated traits and characteristics.
b. Where the Board determines it appropriate and in the public interest, a third
party, which may include a qualified entity, such as a land trust, public or
private organization with experience in open space administration, a state or
federal agency, a unit of local government, or a public or private entity or
individual, may be allowed as part of the acquisition transaction to hold and
administer Open Space acquired in whole or in part with assistance from the
County.
c. Lands, conservation easements or other interests in land owned or held by
Eagle County as part of the Open Space Program may be sold, conveyed,
exchanged or transferred to a third party, which may include a qualified entity,
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such as a land trust, an organization with experience in open space
administration, a state or federal agency, a unit of local government, or a
public or private entity or individual. A sale, conveyance, exchange or
transfer of such Open Space interests to a third party other than a state or
federal agency or the Conservation Fund or other similar entity in furtherance
of a transfer to a state or federal agency,must be approved by a vote of the
Eagle County residents in furtherance of the Open Space Program. A sale,',
conveyance, exchange, or other transfer of such Open Space interests to a
state or federal agency or to the Conservation Fund or other similar entity in
furtherance of a transfer to a state or federal agency, may be approved by
resolution of the Board in furtherance of the Open Space Program and without
a vote of the Eagle County residents.
d. To the extent practicable and determined necessary in transactions
contemplated under Section 2. b. or c. above, County will retain a permanent
and non-revocable reversionary interest in the land, or other interest, that shall
enable County to resume administration or have the land or interest
transferred back to the County or to a qualified entity or appropriate third
party in the event the administering or owning entity ceases to exist, fails to
properly administer the land or interest designated by the Board for Open
• Space purposes.
SECTION III
ESTABLISHMENT OF EAGLE COUNTY CITIZENS' OPEN SPACE ADVISORY
COMMITTEE
nd
1. Committee responsibilities jurisdiction.b jurisdiction.
The Eagle County Citizens' Open Space Advisory Committee("OSAC"or
"Committee") is hereby established. The Committee shall be an advisory body to
the Board and shall make recommendations to the Board on matters pertaining to
the Open Space Program and utilization of the Open Space Fund.
Notwithstanding anything herein to the contrary, the Committee shall terminate
upon exhaustion of the Open Space Fund.
b. OSAC shall consist of seven(7)persons appointed by the Board on
recommendation of the Director of Open Space, and that in making such
recommendations and appointments, respectively, the Director and the Board
• shall endeavor to select residents of Eagle County with a strong interest in the
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Program and with one or more of the skill sets outlined in the OSAC Membership
Guidelines attached to this Resolution as Appendix A.
c. Members of the Committee shall serve at the pleasure of the Board and
appointments to the Committee do not constitute contractual obligations of the
Board or County of Eagle, and the Board is not legally bound by the term of
appointments. The Board has the authority in its sole discretion to change, add or
abolish appointments and to fill vacancies as it sees fit.
d. All current terms shall expire on December 31, 2016. The goal is to implement
staggered terms such that each member will serve a term of two years. Upon
appointment at the expiration of the current term, three members will serve for
one year, three members for two years and one member shall serve for three
years. Thereafter, members of the Open Space Committee shall ultimately serve
staggered two year terms. When a person is appointed to complete the term of a
departing member, that person's term shall end at the time the departing
member's term would have ended. The Board shall identify the term of each
member at the time of appointment and members may be reappointed to
successive terms. Members shall not be compensated for services,but may be
reimbursed for expenses actually incurred in the performance of their duties
• according to Eagle County policy.
e. There shall be no term limits for members or officers of OSAC.
f. OSAC shall provide a recommendation of approval or disapproval to the Board
for all expenditures of the Open Space Fund.
g. Recommendations to the Board from OSAC shall be advisory only.
h. OSAC may separately adopt by-laws that are subject to approval by County. The
by-laws may be amended from time to time by County or OSAC with approval of
County.
i. No member of OSAC who has not personally visited the site of a proposed land
acquisition to view and explore the land shall be entitled to vote on a proposal for
recommendation of the Committee as to whether the Board should or should not
use Open Space Funds for a particular project.
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2. Open Space Advisory Committee Responsibilities.
• Open Space Advisory Committee Responsibilities may include:
a. The development of specific Open Space projects' mission and the evaluation
criteria and standards and procedures for evaluating Open Space projects and
project funding requests as provided for in this Resolution.
b. The development of recommendations for annual or multi-year funding for
individual Open Space projects or proposals, including recommendations for
voter approved bonding or other borrowing authority or other funding
mechanism.
c. The development of recommendations for collaborating with federal, state and
other governments, non-profits or private organizations or individuals or
corporations on Open Space protection efforts or projects.
d. The development of recommendations for education or other efforts to foster
public awareness and understanding of the Open Space Program.
• e. The development of recommendations to the Board pertaining to Open Space
maintenance,management and administration.
SECTION IV
ESTABLISHMENT OF THE EAGLE COUNTY OPEN SPACE FUND
There is hereby established the Eagle County Open Space Fund (hereinafter referred to as the
"Open Space Fund" or"Fund"), which shall consist of a separate account in the Eagle County
Treasury. All monies derived from the Open Space Tax shall be deposited into the Fund and
shall be earmarked and restricted to the acquisition,maintenance, or permanent preservation of
Open Space as set forth in County Ballot Referendum 1 H, this Resolution, or in a future
amendment hereto. The Fund may accept donations and contributions from public, private or
other funding sources to assist the Open Space Program, and nothing herein shall be construed as
prohibiting the Board from contributing to the Fund from time to time, if it determines it to be
appropriate and in the public interest.
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II
SECTION V
• AMENDMENT
The Board may amend or modify this Resolution or any condition or provision contained herein
if the Board determines and declares that amending or modifying this Resolution is necessary for
the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the Z day of
--t-tr'ttc , 2016.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
of
ATTEST: 1/30
A, ' c7 v.. 0 c--4 •.,.. e By: b i- W
• , r
Clerk to the Board of O o e•nne McQueeney
• County Commissioners hair
lor
Jilli. . Ryan
C d issio• -
♦�� it diatti
Kathy Mir ndler-Henry
Commissioner
Commissioned seconded adoption of the foregoing Resolution. The
roll having been called, the vote was as follows:
Commissioner McQueeney 1Q-►., N
Commissioner Ryan 4-14
Commissioner Chandler-Henry 4-ti k
This Resolution passed by D vote of the Board of County Commissioners of
• the County of Eagle, State of Colorado.
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APPENDIX A
• OSAC Membership Guidelines
Membership of the Open Space Advisory Committee shall consist of seven people with a mix of
relevant skills,knowledge and aptitude. The following criteria are not an exhaustive list and each
member will not necessarily represent all skill sets.
Real estate:
Land conservation projects fundamentally involve real estate transactions. Complex concepts
such as contracts, options,conservation easements, appraisals,potential environmental issues,
surveys, land valuation,and landowner relations are critical aspects to a successful Open Space
Program. At least one person on OSAC should have significant professional experience in real
estate.
Local Business Owner:
The Open Space Program has potentially significant implications for local businesses and
economic development. Guides, outfitters and others specifically involved in outdoor recreation
have unique perspectives on conservation, Open Space,protected area management and
foreseeable trends in recreation. Their insights into acquisition,use and management of Open
Space may be particularly helpful.
Land Conservation:
Land conservation is a unique and discreet professional field involving complex transactions,
conservation easements, appraisals,public/private partnerships, estate planning, federal and state
tax benefits, and occasionally complex funding arrangements and partnerships. An understanding
of land trusts,conservation planners,public land management,water rights, GOCO,private
landowners, and the Colorado Division of Wildlife is important and beneficial to the Open Space
Program and will help the committee work through difficult transactional scenarios.
Ranching/Agriculture:
g
Ranchers and large-acreage landowners face unique challenges.They must have an understanding
of effective land management strategies,private property rights,water rights, agriculture, land
valuation, economics, and finance. Many ranchers also have strong emotional ties to their land.
Having an OSAC member who understands and relates to these issues will be very helpful to
gaining insights into the motivations and interests of ranchers for the Committee.
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• Local History:
Long-time area residents who are well-known and well regarded can provide unique input to land
ownership,key relationships, geography, history, economics,politics,and recreation. This type
experience within the Eagle County community can be beneficial to the Open Space Program in
many ways, some of which are difficult to quantify. Members with strong and long-standing
histories in the community can be instrumental in building a successful program.
Wildlife and Natural Resources:
Wildlife conservation is a key goal of the Open Space Program. At least one OSAC member
should have a professional background in wildlife conservation and natural resource conservation
to provide insight into the positive or negative implications of proposed projects and associated
land management strategies.
Community Development:
Land use planning has serious impacts to natural resource conservation. Someone with a
background in how land use processes may be used to protect land or could negatively impact the
Open Space Program's mission could be helpful.
• Roaring Fork Valley:
Eagle County extends into the Roaring Fork Valley, mainly around Basalt and El Jebel. Given
the geographic separation from the majority of Eagle County, an Open Space Advisory
Committee member from that area could be instrumental in representing the conservation and
issues facing that unique portion of Eagle County.
Education/Interpretation/Outreach:
The Eagle County Open Space Program is working to engage the public in many ways, from
interpretive signage,to education and outreach,to user compliance. In this regard, someone with
a background in natural resource or science education could be helpful to the Open Space
Program by providing keen insights and strategies.
Geographic Representation:
There will be at least one member from each County Commissioner District.
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