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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 1 08/22/2023 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 2 08/22/2023 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. 3 08/22/2023 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. ��aF EA coA (tesw There being no further businejo, : ard,the meeting w s adjourned until Augu t 29,2023. ---7 cOt OR PO- Attest / „7._, 7 ___....---1_, ., lerk to the Board Chairman 4 08/22/2023