HomeMy WebLinkAboutMinutes 08/22/2023 PUBLIC HEARING
August 22, 2023
Present: Kathy.Chandler-Henry Chairman
Matt Scherr Commissioner
Jeanne McQueeney Commissioner
Mike Nugent Chief Strategy Officer
Bryan Treu 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 constituent input, as there was none.
Commissioner Updates
Commissioner McQueeney reminded people that school had started and to be aware of kids on their bikes
and walking to and from school. She also spoke about a new program starting this year called UPK(Universal
Preschool) for 4-year olds. She believed the program was going exceedingly well in Eagle County.
Commissioner Scherr mentioned that the appeals court in DC had issued a decision on the county's lawsuit
against the Surface Transportaiton's Board decision to allow the Uinta Basin Railway project rail line to move
forward. The lawsuit had been decided in Eagle County's favor.
Chairman Chandler-Henry extended a congratulations to the new Mountain Family Health Center in
Gypsum. The facility offered a full range of services.
County Manager Update
Mike Nuggent, Chief Strategy Officer had no updates.
Commissioner Scherr moved to adjourn as the Eagle County Board of County Commissioners and
reconvene as the Eagle County Board of Equalization.
Commissioner McQueeney seconded the motion. The vote was unanimous.
Eagle County Board of Equalization
1. Resolution 2023-055 Regarding Petitions to the Eagle County Board of Equalization
Executive Summary: This County Board of Equalization(CBOE)resolution is for the Board to consider and
approve the CBOE hearing officers recommendations on one re-hearing that was held on Wed,August 9 due to an
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administrative error on CBOE's end, and 15 schedule numbers that were heard and recommendations were made,
but they had not been officially approved.
Rhea Silverkorn, Executive Coordinator for Eagle County Government,presented the final resolution.
Commissioner McQueeney moved to approve the Resolution Regarding Petitions to the Eagle County
Board of Equalization.
Commissioner Scherr seconded the motion. The vote was unanimous.
2. Abstract of Assessment 2023
Executive Summary: Mark Chapin,Assessor, and Chairman of the Board of County Commissioners sign the 2023
Abstract of Assessment for submittal to the State of Colorado Property Tax Administrator
Mark Chapin, Eagle County Assessor,recognized everyone for their hard work. The total assessed value
pre-appeals totaled$5,307,016,140, after appeals the total was $5,293,847,610. At the Assessor level they had
7,021 appeals of which 4,881 were denied 2,119 were adjusted, and 21 were approved. 1592 were processed by
CBOE of which 990 were denied, 601 were adjusted,and one was withdrawn.
Commissioner Scherr explained how the Assessor's Office determined the values and believed it was
becoming more complicated.
Commissioner Scherr moved to approve the 2023 Abstract of Assessment for submission to the State of
Colorado Property Tax Administrator.
Commissioner McQueeney seconded the motion, The vote was declared unanimous.
Commissioner McQueeney moved to adjourn as the Eagle County Board of Equalization.
Commissioner Scherr seconded the motion. The vote was unanimous.
Consent Agenda
1. Temporary Construction Easement to Replace the Daggett Lane Bridge with Agvest LLC
Rickie Davies,Engineering
2. Permanent Construction Easement to Replace the Daggett Lane Bridge with Agvest LLC
Rickie Davies,Engineering
3. Resolution 2023-052 Road Closure Resolution-Replacement of Daggett Lane Bridge
Rickie Davies,Engineering
4. Agreement for Asphalt Paving Services Between Eagle County and 360 Paving, LLC for Non-Federally Eligible
Airport Paving
Josh Miller, Airport
5. First Amendment to Supply Agreement and Purchase Order Between Fading West Building Systems,LLC and
Eagle County for Modular Housing Units
Kristin Degenhardt,Project Management
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6. July 2023 Payment Report
Julia Bankert,Finance
Commissioner Scherr moved to approve the Consent Agenda for August 22, 2023 as presented.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Business Item(s)
1. Resolution 2023-053 Opposing Wolf Reintroduction in Eagle County Without the Federal 10(j)Fish and
Wildlife Rule in Place
Marcia Gilles,Open Space and Natural Resources
Executive Summary: Colorado Parks and Wildlife (CPW),per the CPW Final Wolf Restoration and Management
Plan(CPW Plan), intends to reintroduce the gray wolf in a portion of the species historical range in Colorado no
later than December 31, 2023. The gray wolf is currently classified as endangered under the Endangered Species
Act(ESA). It is illegal to take(harm,hunt,kill, or capture) a wolf without a permit or other authorization or unless
the take is in self-defense. After the adoption of the Statute, CPW requested that the U.S. Fish and Wildlife Service
(FWS)designate the gray wolf as an experimental population in the state of Colorado under section 10(j)of the
ESA to provide the state with increased flexibility to manage wolves once reintroduced in Colorado. Eagle County
is opposed to the introduction of the gray wolf into Eagle County as provided for in the CPW Plan unless,before
such introduction,the FWS approves a 10(j)rule establishing an experimental population for the gray wolf which
authorizes adaptive management strategies that include take as an appropriate tool within the defined experimental
population area.
Marcia Gilles, Eagle County Open Space Director, explained the details of the proposed resolution. She
provided some background and shared that Eagle County residents had a wide range of opinions as 53.4% of the
voters voted"no"for reintroduction. By signing the resolution,the commissioners were not taking a stance on the
reintroduction of wolves. If Eagle County were to be selected as a reintroduction location, then this would be a tool
in place in order to ensure the success and management of wolves.
Commissioner McQueeney moved to approve the Resolution Opposing Wolf Reintroduction in Eagle
County Without the Federal 10(j)Fish and Wildlife Rule in Place.
Commissioner Scherr seconded the motion. The vote was unanimous.
2. Resolution 2023-054 Providing for the Submission to the Electors of Unincorporated Eagle County and the
Town of Gypsum, a Question Authorizing the Retention of all 2023 Revenues Derived from the Two Percent(2%)
Lodging Excise Tax on Short-Term Rentals, Said Question to be Submitted at the Election to be held November 7,
2023;Prescribing the Form of Ballot Question for Submission at Said Election, and Providing for Certification of
the Election Question to the County Clerk and Recorder
Bryan Treu, Attorney's Office
Executive Summary: In 2022 Eagle County voters approved a 2%lodging excise tax on short-term rentals for the
purpose of supporting our local workforce. Article X, Section 20, of the Colorado Constitution requires ballot
questions to state the first-year estimated revenue for any tax increase. We estimated$3,000,000 for collections in
2023. We now anticipate collecting more than the estimate for this year and this resolution will allow Eagle County
to retain and keep any amounts over$3,000,000 in 2023 for the same purpose of supporting our local workforce.
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Bryan Treu,Eagle County Attorney, stated that last year a ballot measure was passed that allowed for a 2%
lodging tax collection on short term rentals. The purpose of the tax was to support the local workforce by providing
additional childcare programs and affordable housing opportunities for local workers. The collection data indicated
that in the year 2023, the collection would be over the anticipated amount. Since more money will be collected,the
excess money would need to be refunded or the voters would have to approve a ballot measure allowing the county
to retain all 2023 revenue and any revenue in excess of$3 million. He believed that reimbursement of the funds
would be complicated.
Commissioner Scherr moved to approve the Resolution Providing for the Submission to the Electors of
Unincorporated Eagle County and the Town of Gypsum, a Question Authorizing the Retention of all 2023
Revenues Derived from the Two Percent(2%)Lodging Excise Tax on Short-Term Rentals, Said Question to be
Submitted at the Election to be held November 7, 2023; Prescribing the Form of Ballot Question for Submission at
Said Election,and Providing for Certification of the Election Question to the County Clerk and Recorder.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Work Session- Eagle County Room
1. Eagle County Land Use Regulation Policy Discussion
Executive Summary: The policy identification and development phase of the ECLUR rewrite process is currently
scheduled to include 8 meetings, six of which have specific policy-oriented agendas. The first session is being held
on August 22nd. The purpose of the first session is to review proposed policy issues and the proposed meeting
schedule, identify Board priorities in order to optimize the meeting schedule, and, if time allows,to begin
discussion of key policy issues relating to zoning districts and land use.
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There being no further businejo, : ard,the meeting w s adjourned until Augu t 29,2023.
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lerk to the Board Chairman
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