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HomeMy WebLinkAboutBOCC Packet 06092010 MinutesPITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Meeting Room MONDAY, MAY 17, 2010 11:00 SPECIAL MEETING -EXECUTIVE SESSION Negotiations (CRS 24-6-402(4)(e) 12:00 ADJOURN SPECIAL MEETING -EXECUTIVE SESSION 12:00 LUNCH BREAK 1:00 PM SPECIAL MEETING -EXECUTIVE SESSION Negotiations (CRS 24-6-402(4)(e) 3:00 PM ADJOURN SPECIAL MEETING -EXECUTIVE SESSION TUESDAY, MAY 18, 2010 10:00 AM Election Commission Citizen Board Interview 10:15 Congestion Mitigation and Air Quality Grant 11:00 400 Road Closure 12:00 NOON LUNCH BREAK 1:00 2:00 Special Meeting - BOCC Convenes As Board of Health Community Health Services Quarterly Update with the Board of Health Adjourn S ecial Meeting - BOCC Adjourns as Board of Health Energy Smart Loan Pro ram Update 3:00 BREAK 3:15 Prep for Meeting with Basalt Fire District 3:30 Memos of Interest Future Agendas/Agenda Requests/Monthly Calendar BOCC O en Discussion 5:00 PM ADJOURN TUESDAY, MAY 18, 2010 6:30 - 8:30 PM State of the River Meeting Eagle County Building in El Jebel Charlotte Anderson GR Fielding GR Fielding Hoffman AGENDAS SUBJECT TO CHANGE MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING (BOARD OF HEALTH) MAY 18, 2010 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR MAY 18, 2010. CALL TO ORDER: Chairman George Newman called the Board of County Commissioners Special Meeting to order at 1:00 PM. COUNTY COMMISSION MEMBERS PRESENT: George Newman, Rachel Richards, Jack Hatfield and Michael Owsley COMMISSION MEMBERS ABSENT: Commissioner Patti Kay-Clapper was not present due to a family medical situation Commissioner Owsley moved to open the Special Meeting and convene as the Board of Health. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. COMMUNITY HEALTH SERVICES QUARTERLY UPDATE WITH THE BOARD OF HEALTH STAFF: NAN SUNDEEN, PITKIN COUNTY HEALTH AND HUMAN SERVICES DIRECTOR; LIZ STARK, DIRECTOR OF COMMUNITY HEALTH SERVICES AND DR. MORRIS COHEN. LOCAL HEALTH OFFICER Liz Stark began her presentation to the board as shown in Nan Sundeen's Agenda Item Summary. She then focused her presentation by highlighting the items from her own staff memorandum shown as Attachment A. Ms. Stark also informed the board of a recent event not included in her packet material. She explained about a school overnight outing and how a number of the children were then absent from school upon return. Based on contact information from the children, finding that those absent had similar symptoms, and further investigation it was determined to be norovirus. She believes that there was one child who was a- symptomatic on that trip, on the bus and just spread it among the children. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING MAY 18, 2010 Dr. Cohen added that it is very difficult to diagnose the ideology as it is hard to find out from where a virus has come. Generally, 40% is due to food, 20% person to person and about 5% water. The rest is just unknown. Dr. Cohen addressed the HPV vaccine, talked about updates affecting breast cancer and cervical cancer. He also spoke about the 28t" Annual Health Fair. Basalt Lab Tests will be 8:30-11:30 AM on June 4t" at After-Hours Medical Care at 234 Cody Lane. Aspen Lab Tests will be 8:30-11:30 AM on June 5t" at Aspen Valley Hospital, 0401 Castle Creek Road. Lab tests plus other screenings will be at the Aspen location on June 6t" from 8:30-11:30 AM. The number to call in Aspen for more information is 544- 1296. A copy of the 28t" Annual Health Fair Flyer is attached to the meeting packet material for this hearing. The board had a few questions for Carla Ostberg of Pitkin County Environmental Health. She responded to the board to their satisfaction. DIRECTION TO STAFF -Commissioner Richards asked that a letter of thanks be sent to Tom Dunlop for helping to fill in during Carla Ostberg's maternity leave. ADJOURNMENT: Commissioner Hatfield moved to adjourn the Special Board of Health Meeting at 1:58 PM. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MAY 18, 2010 oard of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners George Newman Chairman of the Board of County Commissioners g\bocc\m i n utes\reg\2010\05282010 BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING MAY 18, 2010 Respectfully submitted, PITHIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room EDNESDAY, MAY 26, 2010 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of 4/28/10 Regular Meeting (re-submitted) 5/12/10 Regular Meeting and 5/11/10 Work Session 2. Resolution Supporting the Roaring Fork Watershed Plan, Mark Fuller, RWAPA CONSENT PUBLIC HEARING 3. Special Event Liquor License Application Submitted by Spin Sports Festival, Jeanette Jones (to be continued to June 9th) 4. Special Event Liquor License Application Submitted by the Buddy Program, Jeanette Jones CONSENT ACTIONS 1st Readings, Set for Public Hearing on June 9, 2010 5. Ordinance Accepting Administrative & Emergency Access Easement from Wayne Poulsen and John Matthews and Authorizing an Agreement with Wayne Poulsen, Dale Will 6. Resolution Authorizing the Filing of a New Passenger Facility Charge Application With the Federal Aviation Administration (FAA), Dave Ulane CONSENT PUBLIC HEARING, 2"d Readings 7. Resolution Setting Salaries For Elected Officials Other than the Board of County Commissioners, Phylis Mattice (continued from May 12) 8. Resolution Establishing Fees for Pitkin County's Environmental Health Department, Repealing Resolution No. 015-2008 and 064-2009, Carla Ostberg 9. Resolution Accepting an Energy Efficiency and Conservation Block Grant from the State of Colorado Governor's Energy Office, Dylan Hoffman 10. Resolution Providing Supplemental Appropriations to the 2010 Budget (January through April), John Redmond, Susan Atwood 11. Resolution Providing Supplemental Appropriations to the 2010 Budget for 2009 Carryover Projects, John Redmond, Susan Atwood LAND USE PUBLIC HEARINGS 1. Pitkin Group Investments Appeal, (Withdrawn at Appellant's request), PH (PN 2/1/09), M. Kraemer 2. Williams GMQS Appeal, (Continued from 3/24/10), PH (PN 4/25/10), M. Kraemer 3. Code Amendment-Location and Extent Review, 1St Reading, PH (PN 5/9/10), L. Clarke EXECUTIVE SESSION HELD DURING WILLIAMS APPEAL BOCC OPEN DISCUSSION ADJOURN Thursday, May 27, 2010 NWCCOG -Full Council Minturn Town Hall 9:30 AM -12:30 PM; RRR: 1-3:00 PM AGENDAS SUBJECT TO CHANGE MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MAY 26, 2010 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR MAY 26, 2010. CALL TO ORDER: Chairman George Newman called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: George Newman, Rachel Richards, Jack Hatfield and Michael Owsley COMMISSION MEMBERS ABSENT: Patti Kay-Clapper is absent due to a family medical situation. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENT: Toni Kronberg addressed the board regarding the improvements on the Recycling Center in Rio Grande Park. She stated her disappointment at not being able to give her public comment at the Work Session two weeks ago, but was here in order to give that comment to the board today. She discussed the upcoming work session with City Council on June 1 and the discussion that is scheduled on proposed public improvements. She brought several issues to the board's attention saying that she hopes the board does not spend a lot of time and money on moving forward with those improvements based on a mistaken belief that the Recycling Center has already been approved as a Recycle Center ~ d s tersed to more convenielnt and prom nenlocalt on s. Center moved from that site an p COMMISSIONER COMMENT: Commissioner Hatfield spoke to Commissioner Kay-Clapper yesterday and informed the audience that her husband, Tommy had made great progress. He is now sitting up, eating and able to have a conversation. He will be moved shortly to a less critical care center. Commissioner Hatfield said that he hopes Tommy will make a speedy and complete recovery. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING MAY 26, 2010 Commissioner Hatfield then spoke about the. rejected Wexner proposal saying that we lost a wonderful opportunity. He gave many examples of this lost, among them various endowments, conservation and recreational opportunities. Commissioner Richards said that she respects Commissioner Hatfield's service on the board and his role as an individual decision maker when it comes to these sorts of matters. However, she said that she would have described a number of the items he spoke about differently. Commissioner Richards also reminded everyone that a great way to honor the sacrifices of our military members past and present was to attend the Memorial Day Service in Veteran's Park at noon, Monday, May 31. She then asked for a Moment of Silence to honor our military. Chair Newman said that the land swap was and is a very difficult discussion and a very complex issue. He said that this swap was the first one to ever come before the County in such a way. Chair Newman acknowledged the upcoming graduations for many seniors in our valley. He wished them all the best. CONSENT ACTIONS: MINUTES OF THE BOARD EMITTED AND MAY 12102010 AND WORK SESSIONG OF ArRIL 2E 211• RE SU MINUTES OF MAY 11 2010 -MOTION TO APPROVE STAFF: LYNDEE R. DEAN/JEANETTE JONES CLERKS TO THE BOARD READING ON RESOLUTION SUPPORTING THE ROARING FORK WATERSHED PLAN -MOTION TO APPROVE STAFF: SUSAN MURPHY Mark Fuller, Director of Reudi Water and Power Authority, made a few comments and gave several copies to the board of the Phase II Guidance Document. A copy of said document is attached to this meeting packet material. Commissioner Hatfield moved to approve the Consent Actions. Commissioner Richards seconded the motion. Motion passed with 3 yea votes from Chair Newman, Commissioner Richards and Commissioner Hatfield. Commissioner Owsley was out of the room and Commissioner Kay-Clapper was not present. CONSENT PUBLIC HEARINGS: SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY SPIN SPORTS FESTIVAL -MOTION TO CONTINUE TO JUNE 9. 2010 BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MAY 26, 2010 STAFF: JEANETTE JONES. CLERK TO THE BOCC SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY THE BUDDY PROGRAM -MOTION TO APPROVE STAFF• JEANETTE JONES, CLERK TO THE BOCC Commissioner Hatfield moved to continue the Spin Sports Festival Liquor License Application to June 9, 2010 and to approve the Buddy Program Liquor License Application. Chair Newman opened the hearing to public comment. There being none, he called the question. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. Chair Newman and Commissioner Hatfield acknowledged Lenny Weinglass for his great contribution to our community. CONSENT ACTIONS-1ST READINGS, SET FOR PUBLIC HEARING ON JUNE 9, 2010: FIRST READING ON ORDINANCE ACCEPTINGADMINISTRATIVE AND EMERGENCY ACCESS EASEMENT FROM WAYNE POULSEN AND JOHN MATTHEWS AND AUTHORIZING AN AGREEMENT WITH WAYNE POULSEN - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JUNE 9, 2010 STAFF: DALE WILL DIRECTOR OF OPEN SPACE AND TRAILS FIRST READING ON RESOLUTION AUTHORIZING THE FILING OF A NEW PASSENGER FACILITY CHARGE APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) -MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JUNE 9, 2010 STAFF: DAVID ULANE ASSISTANT AVIATION DIRECTOR ADMINISTRATION Both items were pulled from the agenda for board questions. Staff answered those questions to the satisfaction of the Commissioners. Commissioner Richards moved to approve the Ordinance Accepting Administrative and Emergency Access Easement from Wayne Poulsen and John Matthews and Authorizing an Agreement With Wayne Poulsen on first reading and set second reading and public hearing to June 9, 2010. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioner Kay- Clapper not present. Commissioner Richards moved to approve the first reading on the Resolution Authorizing the Filing of a New Passenger Facility Charge Application with the BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MAY 26, 2010 Federal Aviation Administration (FAA) and set the second reading and public hearing to June 9, 2010. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. CONSENT PUBLIC HEARING - 2ND READINGS: Commissioner Hatfield moved to approve items 8 through 11 under Consent Public Hearing -second readings. Commissioner Richards seconded the motion. Chair Newman opened the hearing to public comment on items 8 through 11. There being none, he called the question. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. SECOND READING AND PUBLIC HEARING ON RESOLUTION DENYING SALARY INCREASES FOR ELECTED OFFICIALS OTHER THAN THE BOARD OF COUNTY COMMISSIONERS -MOTION TO DENY STAFF• PHYLIS MATTICE, INTERNAL SERVICES DIRECTOR An email was sent to the Commissioners from Janice Vos Caudill, County Clerk and Recorder and Tom Isaac, County Assessor. The email stated, in part, that in light of the county's economic condition and Pitkin County's financial position, the elected officials respectfully requested that the Board of County Commissioners NOT implement a salary increase for the elected officials for the next four-year term by voting to deny the Resolution before the board. A copy of this email was forwarded to Sheriff Bob Braudis but he was out of town and to date Ms. Vos Caudill and Mr. Isaac have not received a response yea or nay. A copy of this email is attached to the meeting packet material. A short discussion developed and the board noted their appreciation to Ms. Vos Caudill and Mr. Isaac for what they have chosen to do. Chair Newman opened the hearing to public comment. There being none, he brought the matter back to the board. Commissioner Richards moved to deny the Resolution Setting Salaries for Elected Officials other than the Board of County Commissioners. Commissioner Hatfield seconded the motion. Motion to deny passed 4 to 0 with Commissioner Kay-Clapper not present. SECOND READING AND PUBLIC HEARING ON RESOLUTION ESTABLISHING FEES FOR PITKIN COUNTY'S ENVIRONMENTAL HEALTH DEPARTMENT, REPEALING RESOLUTION NO. 015 -2008 AND 064-2009 -MOTION TO APPROVE STAFF• CARLA OSTBERG. ENVIRONMENTAL HEALTH DEPARTMENT BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MAY 26, 2010 SECOND READING AND PUBLIC HEARING ON RESOLUTION ACCEPTING AN ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FROM THE STATE OF COLORADO GOVERNOR'S ENERGY OFFICE -MOTION TO APPROVE STAFF: DYLAN HOFFMAN ENERGY PROGRAM MANAGER SECOND READING AND PUBLIC HEARING ON RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2010 BUDGET (JANUARY THROUGH APRIL) -MOTION TO APPROVE STAFF: JOHN REDMOND AND SUSAN ATWOOD FINANCE DEPARTMENT SECOND READING AND PUBLIC HEARING ON RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2010 BUDGET FOR 2009 CARRYOVER PROJECTS -MOTION TO APPROVE STAFF: JOHN REDMOND AND SUSAN ATWOOD FINANCE DEPARTMENT LAND USE PUBLIC HEARINGS: PITKIN GROUP INVESTMENTS APPEAL -WITHDRAWN AT THE APPELLANT'S REQUEST - NO MOTION REQUIRED STAFF• MIKE KRAEMER, PLANNER This item was withdrawn by the appellants. No motion is required. READING AND PUBLIC HEARING ON RESOLUTION DENYING THE BUTTERMILK BASIN LLC (WILLIAMS) APPEAL OF PLANNING AND ZONING COMMISSION RESOLUTION NO. 6-2009 -MOTION TO ACCEPT STAFF'S RECOMMENDATION OF DENIAL AND DENY THE BUTTERMILK BASIN LLC (WILLIAMS) APPEAL STAFF• MIKE KRAEMER, PLANNER APPELLANT: Buttermilk Basin LLC. James and Jill Williams are listed as the legal owners of the lots. REPRESENTATIVES: Francis Krizmanich and Lucas Peck SUMMARY: The appellants are appealing Planning and Zoning Commission Scoring for an Urban Area GMQS request to create an additional lot and development right; Planning and Zoning Commission Resolution 6-2009 (Rec. No. 566775) -attachment A. The application did not meet threshold. The entire application was submitted as a Subdivision Conceptual Submission, Activity Envelope Review, and GMQS Allotment, however because the application did not meet threshold, only the GMQS request was reviewed. The appellants have requested that the BOCC receive the entire application. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MAY 26, 2010 Commissioner Richards recused herself from this item. She was Mayor of Aspen at the time the Conservation Easement was signed and therefore believed that she could not hear this item without bias. Staff planner, Mike Kraemer, began his presentation as mirrored in his staff memorandum. The Affidavit of posted notice was turned in to staff. As requested by Commissioner Owsley, Assistant County Attorney Chris Seldin explained the appeals process for this item as shown on pages one and two of staff's memorandum. Mr. Krizmanich represents the appellants. He proceeded with his presentation based upon his Appeal Request and the Application for an Urban Growth Management-Quota System Allotment for a new residence dated September 2009. He started by going over the two points in his appeal request. The first is whether or not a Conservation Easement that was intended to encumber the lot is valid as it had no legal description attached when it was recorded. The City of Aspen once owned this lot and prior to its sale, placed a Conservation Easement on it to the benefit of the Aspen Oaks Homeowners' Association. The County Attorney has counseled staff that it is not the County's responsibility to decide on the legality of the easement. The board's responsibility is to review the application based on its merits and to consider the appeal of the GMQS scoring pursuant to Section 2-20-180(g) and (h) of the Code. The appellant's second point concerns the scoring of the water portion of the GMQS application. Mr. Krizmanich said later in the meeting that there are no weeds on the entire property, there is a fire hydrant in front of the house, the property is in a metro district and there are no environmental impacts whatsoever. Yet, he continued, this property was scored as if it were in some rural and remote area. Discussion ensued on the Homeowners' Association position and the City of Aspen position with regard to the Conservation Easement. Paul Taddune, local attorney, spoke to the board on behalf of the Aspen Oaks Homeowners' Association. He explained to them that he doesn't think it is very relevant as the board heard earlier that the easement wasn't taken into account as a consideration. He further explained that this property was developed by the City in concert with the Housing Office. The Housing Office was taking the lead and they didn't include the exhibits that should have been attached to the easement. In addition, he said, the City attempted to give an easement and the Association would love to have the easement and they thought that they had an easement, but under the Colorado Statutes a Homeowners' Association doesn't qualify as a beneficiary. When it comes to Conservation Easements, it has to be a public entity. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MAY 26, 2010 But, he continued, the findings in the Conservation Easement, irrespective of whether it was recorded by the County or City staff properly, are very important. He said that they are in William Kane's letter and he could recite them to the board, but at this point he doesn't think that the easement was a factor at all. He thinks that staff independently scored it and it didn't meet the threshold and the Planning Commission independently scored it and it did not meet the threshold. And in addition, he continued, there was a 1041 approval that referenced the property and only gave it one building site. He said that there was a lot of discussion on how valuable this parcel was outside the building lot from a conservation view. There was a score of zero in the creative bonus section. Commissioner Owsley asked why this was scored zero. Mr. Kraemer responded to this question. He said that it was because there was no competition. There were not enough applicants to ask for all the allotted floor area for this QMQS application. During the meeting, Lance Clarke read a portion of a staff memorandum from Suzanne Wolff, Senior Planner, to Lance Clarke who, at the time, was the Pitkin County Hearing Officer. It is dated December 21, 1999 and is attached to the end of this packet material. Further discussion ensued. Chair Newman opened the hearing to public comment. Charles Malkemus is a 15-year resident who lives on Aspen Oak Drive and is President of the Aspen Oak Homeowners' Association addressed the board. He said that the Conservation Easement was handled poorly by the City and probably by their own Attorney. It was not recorded correctly nor was it recorded- on the property, but it also couldn't have been made to the Homeowners' Association as they are not considered a public entity. At a public hearing with the Planning Commission, which he attended, the property was going to be sold so the City could recoup some of the expenses from the Burlingame property. He continued by saying that it was going to have one buildable lot on it with restrictions regarding height and the problem with the water. The well had to be 600 feet away from the other homeowners. He said they were happy that the City was going to give them an easement. It didn't get recorded, as he said, and along with the Association not being the correct entity the Homeowners' Association filed a disclaimer on it stating that the Association had no right to it legally. A copy of said Disclaimer is attached to this meeting packet material. Equitably, maybe they do he said, but not legally. He said that the Homeowners' Association would like the County to not allow this appeal and deny it for the reasons that the Planning Department and the other organization have already. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MAY 26, 2010 decided with the legitimate rules on the development potential of this property, taking into consideration the items that they did. Wally Obermeyer is also a resident of Aspen Oak and worked on the Conservation Easement with Brooke Peterson's help and in meetings with City Attorney John Worcester. He said that during those meetings, their joint intent was that there would be that one building site and everything else would be under the Conservation Easement. He agrees with the fact that it was not properly recorded and also that both parties were unaware they the easement could not be deeded to a Homeowners' Association. Joyce Amico is the President of the Buttermilk Metropolitan District and is a resident of Aspen Oaks. She informed the board that the Williams property petitioned the Buttermilk Metropolitan District for one property to be included in the Metro District for water. They have come back and thought that, for years on, that they would like to include a potential other property, one on their building site. The issue she has is that in the beginning it was a one lot deal when they purchased that property and that's how the District planned for water. At this point, the District is not granting any additional water rights right now because they are in their own issue with water. It doesn't mean that the District wouldn't grant rights, but it does mean that right now they only included in the one home petitioned at the time. Commissioner Owsley moved to enter Executive Session at 2:03 PM pursuant to C.R.S. 24-6-402 (4) (b) for attorney client communication. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Richards recused and Commissioner Kay-Clapper not present. The board returned from their Executive Session and Commissioner Owsley moved to reconvene the regular meeting at 2:12 PM. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Richards recused and Commissioner Kay-Clapper not present. Commissioner Hatfield was comfortable with the scoring as it stands. Chair Newman's opinion on the scoring differed from Mr. Krizmanich's representations. Lucas Peck tried to clarify this for Chair Newman by saying that P&Z rejected staff's scoring and scored it themselves. So, to say staff scored something "x" and therefore they gave due credit is inaccurate when P&Z, in fact, did not give due credit in at least two instances. Mr. Peck believes the whole argument here today is that if P&Z had taken staff's recommendation on that as opposed to taking the Conservation Easement issue into account, it would have gotten to a score of 13. Lance Clarke said that when the P&Z scores a one or a two, we don't know what they're taking into account. It's a private scoring, they sit by themselves and they put down the scoring. Whether it was the Conservation Easement or something else no one knows. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING MAY 26, 2010 Commissioner Hatfield moved to deny the appeal consistent with the Resolution, including recitals, in the packet. Commissioner Owsley seconded the motion. Motion passed 2 to 1 with Commissioner Hatfield and Commissioner Owsley voting aye, Chair Newman voting nay, Commissioner Richards recused and Commissioner Kay-Clapper not present. NOTE: Reasons for Chair Newman's nay vote are as follows: Even though the Conservation Easement is not within the purview of the Commissioners to rule on, it may have skewed in the minds of P&Z regardless of what staff did. He would support P&Z going back and re-looking at this with an open mind and a fresh look to see how that plays out. FIRST READING AND PUBLIC HEARING ON ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE. TO ADD A NEW SECTION 2-30-30 (h) (10), LOCATION AND EXTENT REVIEW, AND ADDING LOCATION AND EXTENT REVIEW TO TABLE 2-1 AND THE "APPLICATIONS MANUAL" -MOTION TO APPROVE ON FIRST READING AND PUBLIC HEARING AND SET SECOND READING TO JUNE 9, 2010 STAFF: LANCE CLARKE ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT SUMMARY/BACKGROUND: There. is a provision in the Colorado Statues (C.R.S. 30-28-110) that requires that essentially any public project proposed by a governmental entity in the unincorporated area of the County, whether proposed by a city, the County, a fire district, a metropolitan district, or other jurisdiction, must be submitted to the Planning Commission for review for conformance with the applicable comprehensive plan or master plan. This is a review "type" that we have yet to accommodate in our Land Use Code. We heretofore have not had standards or an application procedure for this type of review. There is a recent Colorado Supreme Court case which has highlighted this Statute provision. A Planning Commission determination on a Location and Extent proposal is essentially "advisory", as disapproval may be overruled by the governmental jurisdiction making the proposal. The Planning Commissioner has recently undertaken two Location and Extent Reviews. There are a few other such reviews that will be coming to the P&Z in the next few months, and it is likely there will be several each year in the future. The purpose of this proposed code amendment is to add a "Location and Extent Review" to the Chapter 2, "One-Step Review Procedure" section and to the Chapter 2, "Review and Approval Procedures Summary Table". The language is by and large directly from the State Statute. Though not required by the State, we are recommending that the review be an advertised public hearing before the Planning Commission, since in many cases there will be no other land use review. We are also BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING MAY 26, 2010 proposing an amendment to the "Pitkin County Land Use Application Manual", which is an Appendix to the Code, to specify required application materials for this review. This amendment does not presuppose one way or the other whether there is an exemption from other Sections of the Code for governmental jurisdictions. It simply establishes the standards and procedures for the required Location and Extent Review. Lance Clarke proceeded to give his presentation to the board as mirrored in his staff memorandum. Commissioner Richards rejoined the board at this time so Mr. Clarke gave. his presentation again in order for her to be on the same page. Discussion among the board and staff ensued. Commissioner Richards said that from her understanding, the board cannot expand on the criteria of a Location and Extent Review. Mr. Clarke responded by saying that his item (10) (c) says, "A location and extent review may be undertaken concurrently with any other applicable County review processes". If there ever is an opportunity, this could, perhaps, give the board a way to do that. Commissioner Richards then asked if on second reading the board might like to expand on that language in (10) (c) mentioned by Mr. Clarke to add the words, "such as 1041 review" or something like that. She said that we may want to look forward to our PUD standards, our PUD Codes to protect the integrity of what the neighbors think they're getting when these sort of development plans get approved. Commissioner Hatfield agrees that we have step one and then we direct staff to implement the other two areas (1041 and PUD) of clarifications as soon as is reasonably possible. Commissioner Owsley asked why they don't pass this as it stands and then follow up with additions. Mr. Clarke answered that by saying it could take awhile to reinstitute 1041 back into our Code. In the interim, he thinks it's important that we have a Location and Extent Review type in our Code. Chair Newman opened the hearing to public comment. Hearing none, he closed the public hearings held today. Commissioner Richards moved to approve the Code Amendment Location and Extent Review on first reading and public hearing and set second reading to June BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING MAY 26, 2010 9, 2010. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. BOCC OPEN DISCUSSION: The board discussed some follow up items from yesterday's Work Session. ADJOURNMENT: Commissioner Owsley moved to adjourn the regular meeting. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay- Clapper not present. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING MAY 26, 2010 Respectfully submitted, d e .Dean Jerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners George Newman Chair of the Board of County Commissioners Chris Seldin Assistant County Attorney The above signed attorney, representing the Board and being present at the executive sessions, attests that the subject of the unrecorded portions of the sessions constituted confidential attorney-client communication. g\bocc\m i n utes\2010\05262010 BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING MAY 26, 2010 PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Meeting Room TUESDAY, JUNE 1, 2010 (CCI Conference June 1-3 in Vail) (Commissioner Hatfield Not Present) 10:45 . SPECIAL MEETING Oil and Gas Regulations-Code Amendments, 2°a Reading, (Continued from 4/28/10 at the / request of the County), (To be Continued to 8/3/10 at the Request of the County) PH (PN 3/7/10), S. Wolff ADJOURN SPECIAL MEETING 11:00 Bear Study Presentation, Sharon Baruch-Mordo 12:00 NOON LUNCH BREAK 1.00 Expiration of Building Permits, Cindy Houben, Lance Clarke, Tony Fusaro 2:00 • Memos of Interest • Future Agendas/Agenda Requests/Monthly Calendar • Board Membership Reports NWCCOG, RRR, CORE, QQ, CCI, Club 20, CRRTB, RWPA, ACRA, RFTA, NC, BLM, • BOCC O en Discussion 3:45 BREAK 4:00 MEETING WITH CITY OF ASPEN AT CITY HALL Rio Grande Recycling Drop Off Center, Chris Hoofnagle Congestion Mitigation and Air Quality Discussion, Brian Pettet, GR Fielding, John Krueger, Lynn Rumbaugh 5:00 SPECIAL MEETING -Executive Session Negotiations (CRS 24-6-402(4)(e) ADJOURN SPECIAL MEETING and Executive Session 6:00 ADJOURN AGENDA IS SUBJECT TO CHANGE MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JUNE 1, 2010 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JUNE 1, 2010. CALL TO ORDER: Chairman George Newman called the Board of County Commissioners Special Meeting to order at 10:45PM. COUNTY COMMISSION MEMBERS PRESENT: George Newman, Rachel Richards, and Michael Owsley COMMISSION MEMBERS ABSENT: Commissioner Jack Hatfield was not present and Commissioner Patti Kay-Clapper was not present due to a family medical situation. Commissioner Owsley moved to open the Special Meeting at 10:46 AM. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Hatfield and Commissioner Kay-Clapper not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE AMENDING VARIOUS SECTIONS OF THE 2006 PITKIN COUNTY LAND USE CODE TITLE 8 OF THE PITKIN COUNTY CODE AND THE PITKIN COUNTY LAND USE APPLICATION MANUAL WITH REGARD TO OIL AND GAS OPERATIONS -MOTION TO CONTINUE TO AUGUST 3 2010 AT THE REQUEST OF THE COUNTY STAFF• CINDY HOUBEN, COMMUNITY DEVELOPMENT DIRECTOR; JOHN ELY, COUNTY ATTORNEY AND SUZANNE WOLFF SENIOR PLANNER SUMMARY: Staff is proposing to replace the oil and gas regulations in the Land Use Code with new regulations that extend the County's authority to regulate oil and gas operations in order to protect the public health, safety, and welfare, including the environment and wildlife resources, from the impacts resulting from oil and gas development. Chair Newman opened the hearing to public comment. There being none, he closed the public hearing and brought the matter back to the board. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING NNE 1, 2010 Commissioner Richards moved to continue this second reading and public hearing to August 3, 2010. Commissioner Owsley seconded the motion. Motion passed 3 to 0 with Commissioner Hatfield and Commissioner Kay-Clapper not present. ADJOURNMENT: Commissioner Owsley moved to adjourn the Special Meeting at 10:48 AM. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Hatfield and Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JUNE 1, 2010 Respectfully submitted, L e can erk tot a Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners George Newman Chairman of the Board of County Commissioners g\bocc\m inutes\reg\2010\06012010 BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JUNE 1, 2010