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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the Eagle County Board of County Commissioners', ("Board") approved Resolution No. 2004-015 which amended, restated, superseded and replaced in its entirety Resolution No. 2003-97; and WHEREAS, on February 17, 2004, the Board approved Resolution No. 2004-021 which provided for the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 Y pp 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 Y A7. 6 i Ti F° • 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. 2 • 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 • 3 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"). • 4 hill 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, • 5 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 6 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. 7 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. • 8 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. 9 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. • 10 • 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. • 11