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HomeMy WebLinkAboutbocc.min.reg.02082012 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 8, 2012 11:15 Employee Appreciation Day at the Rio Grande 12:00 Regular Meeting in Plaza One Meeting Room Proclamation: Employee Spotlight of the Year Award Additions /Deletions to Agenda Public Comment, Commissioner Comments CONSENT ACTIONS 1. Minutes of Work Sessions on : 6/21/2011; 7/12/2011; 7/19/2011; 1/10/2012; 1/17/2012; Special Meeting on: 7/19/2011; Regular Meetings on: 1/11/2012; 1 /25/2012 2. Resolution Appointing Members to the Agricultural Committee, Charlotte Anderson CONSENT ACTIONS- 1st Readings, Set for Public Hearing on February 22 3. Ordinance Adopting the State Highway 82 Access Control Plan, GR Fielding 4. Ordinance Amending Title 11, Buildings and Construction of the Pitkin County Code by Adopting the International Fire Code — 2009 Version as Amended and Adding a New Section 11.44 Titled International Fire Code, Brian Pawl CONSENT PUBLIC HEARING, 2 " Readings 5. Resolution Authorizing the Filing of a New Passenger Facility Charge Application with the Federal Aviation Administration, Jim Elwood LAND USE PUBLIC HEARINGS 1. Burkholder Investments LTD Special Review for a Cellular Facility, PH (PN 1/5/12), M. Kraemer BOCC OPEN DISCUSSION EXECUTIVE SESSION Personnel County Manager and County Attorney Evaluations C.R.S. 24- 6- 402(4)(f) ADJOURN A GENDA IS SUBJECT TO CHANGE y BOCC ON APPROVED BY BOCC MINUTES ON ` 2 7 - 201-2-- BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FEBRUARY 8, 2012 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR FEBRUARY 8, 2012. CALL TO ORDER: Chairman Michael M. Owsley called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael M. Owsley, Jack Hatfield, Rachel Richards, George Newman and Rob lttner COMMISSION MEMBERS ABSENT: None PROCLAMATION: Chairman Owsley read a Proclamation into the record today as part of the Pitkin County Employee Appreciation Day celebration. The 2012 Pitkin County Employee Spotlight of the Year Award was presented to Charlotte Anderson, Executive Administrative Assistant in the County Administration Office. She was honored, among many other things, for her front line work and for handling all external and internal issues with professionalism, patience and grace as well as being able to trouble shoot all the questions and problems that come her way making the difference between a customer feeling heard and served by government instead of feeling trapped in a beaurocracy. Ms. Anderson thanked everyone in the County with whom she works. She said they are all great. And, she added, she has really enjoyed working with County Manager Jon Peacock, who started here a year ago. Commissioner Richards asked if she could make her apologies for not making the Pitkin County Employee Appreciation event at the Rio Grande meeting room today, but she had some issues at home with her heating system and thermostat. She did say, however, how much she appreciates everyone's service. ADDITIONS/DELETIONS TO THE AGENDA: BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING FEBRUARY 8,2012 County Manager Jon Peacock informed the board that he didn't have an addition or deletion, but rather a correction. Item 3 under first reading Consent Actions is entitled Ordinance Adopting the State Highway 82 Access Control Plan. It is actually a Resolution, not an Ordinance, and was erroneously left out of staff's packet material. Therefore a copy of the Resolution was handed out to the Commissioners before the meeting started today. A copy of the Resolution has been attached to staff's packet material by the BOCC Clerk. PUBLIC COMMENT: Emzy Veazy III said that he was glad that staff was able to impress the importance for road maintenance. It should always be a priority along with fire and law enforcement. He then spoke to the board primarily on the Aspen/Pitkin County Airport Planning. As the board is dealing with the airport plan, he said, the board will have to take into consideration what is happening to the HUBS that our airport deals with as well as their overall trends. He said that Aspen has a very dangerous airport. He spoke about the Garfield County Airport which deals primarily with cargo rather than passengers. He thinks that our airport needs to provide more services and that we will have to see what the FAA is recommending for this geographical area in terms of planes and then negotiate with the various airlines. He suggested talking to the corporate headquarter personnel for negotiations. Commissioner Richards wanted to respond to Mr. Veazy's comment about the Aspen/Pitkin County airport being dangerous. She said that we have a different airport than others at the high altitude, but our carrier commercial services, the thousands of flights throughout the year as well as the private flights are FAA approved and reviewed routes and have an excellent safety record. COMMISSIONER COMMENTS: Commissioner Newman spoke of a Nova program on PBS that highlighted the Snowmass Ice Age discovery. He said that they discussed various theories on how these animals died in that area. One of the theories was that there were a series of earthquakes that happened over hundreds of years. They also discussed a theory that there was actually human life here 30,000 years ago based on some markings on the bones that show some of the meat cut away. He said you could probably go on line to PBS and look for the Snowmass Ice Age discovery. Commissioner Newman also spoke about the upcoming Owl Creek Chase. He said that it is a premier Nordic race and has been held since 1985. It is a 21K course this weekend starting at the Snowmass Golf Course Sunday at 11:00 AM and ending at the Aspen Valley Ski/Snowboard office by the Middle School in Aspen. No parking available at the start of the race, but you can take RFTA and work your way up to Snowmass or you can park at the Aspen Middle School and there will be shuttles running every 15 minutes starting at about 8:15 or 8:45 AM. For more information contact www.owlcreekchase.com BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING FEBRUARY 8,2012 Commissioner Hatfield said that thanks were due all around for the Winter X: Games that came to our community this year. In particular, the Aspen Skiing Company, ESPN and everyone who made it happen including our Pitkin County staff and Sheriff's Department. He also wished good luck to John Rigney and the Ski Company in their negotiations for bringing it back for years to come. CONSENT ACTIONS: MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF JUNE 21, 2011, JULY 12, 2011, JULY 19, 2011, JANUARY 10, 2012 AND JANUARY 17, 2012; SPECIAL MEETING OF JUNE 19, 2011 AND REGULAR MEETINGS OF JANUARY 11, 2012 AND JANUARY 25, 2012 - MOTION TO APPROVE, AS AMENDED STAFF: LYNDEE R. DEAN /JEANETTE JONES, CLERKS TO THE BOCC BOCC Clerk Lyndee Dean informed the board that there was an error in the January 25, 2012 minutes on page 5. It showed the second reading of the Passenger Facility Charge Application with the FAA as February 22, 2012. It should have read February 8, 2012. The signature minutes have been corrected to reflect February 8, 2012. READING ON RESOLUTION APPOINTING CITIZEN BOARD MEMBERS (CONFLICT OF INTEREST COMMITTEE AND AGRICULTURAL BUILDING REVIEW COMMITTEE) — MOTION TO APPROVE STAFF: CHARLOTTE ANDERSON, EXECUTIVE ADMINISTRATIVE ASSISTANT Commissioner Newman moved to approve the minutes, as amended and the Resolution appointing citizen board members to the Conflict of Interest Committee and the Agricultural Building Review Committee. Commissioner Ittner seconded the motion. Motion passed with Chairman Owsley, Commissioner Hatfield, Commissioner Newman and Commissioner Ittner voting aye and Commissioner Richards abstaining as she said there were a couple of those meetings throughout the year when she was not in attendance. CONSENT ACTIONS —1 READINGS, SET FOR SECOND READING AND PUBLIC HEARING ON FEBRUARY 22, 2012: FIRST READING ON RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE CITY OF ASPEN AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) ADOPTING THE STATE HIGHWAY 82 ACCESS CONTROL PLAN — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO FEBRUARY 22, 2012 STAFF: G.R. FIELDING, COUNTY ENGINEER BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING FEBRUARY 8, 2012 Although the agenda refers to this as an Ordinance, it has been corrected to a Resolution as stated by County Manager Jon Peacock in the Additions /Deletions portion of the meeting. G. R. Fielding, along with Public Works Director, Brian Pettet approached the board with their presentation. Mr. Fielding begins his presentation as outlined in his Agenda Item Summary. Mr. Fielding told the Commissioners that just because we're going to move forward with this plan doesn't mean that they have plans to go out and build new intersections or start construction. It's is strictly a planning document that allows us to identify, at this point, what the best options are. If need be it can be amended, but it puts the onus on the developer to tell us how they're going to access the highway with the least amount of impact into the future. Mr. Pettet added that the main concern is safety. Commissioner Hatfield had multiple clarification questions for staff on Access numbers 6, 11, 12, 13, 14, 15, and 16 to which Mr. Fielding answered. On access item 11 Residential Driveway (the Sardy driveway) it shows the following: Close driveway and median crossover after alternate access can be provided to proposed secondary roadway connecting to Access 12. Commissioner Hatfield asked Mr. Fielding to clarify that a new 1 /2 mile long new frontage road is going in there. Mr. Fielding said that was an alternative. For that to come to fruition, staff would have to see some sort of redevelopment at that spot. There's no pressure to do that for the existing home now, but in the future it may be required. Commissioner Hatfield said that he has strong reservations about creating a 1 /2 mile long frontage road in that environment which is part of what we consider open space. Access items 12, 13, 14, 15 and 16 all deal with the existing Baltic Road, Service Center Road for RFTA and the County and future Affordable Housing by AABC. Commissioner Hatfield said that there have been long discussions and lots of public feedback so he's not going to request any discussion now. He simply stated that because of this main element here he is going to vote against this. He said that we need an exit to Aspen, signalized, and an exit at Service Center Road going down valley and he has not seen any facts or heard any feedback to change his mind on that. We had a fair process and the board decided we're moving forward, he continued, but said that he would not be able to support this. Commissioner Ittner asked Mr. Fielding for some background on how this plan developed into what is in front of the board today and how set in stone is this moving forward. He said that he didn't think the board answered a lot of those questions as they talked about his over the last year. If this is something that the State is putting BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING FEBRUARY 8, 2012 together as set in stone and these are the only changes that the board can make then he said he is somewhat in the same position as Commissioner Hatfield. Why are we moving forward on something so firm, he asked? Mr. Fielding responded by saying that at the last Work Session he did receive direction from the board to move forward with what we had been discussing throughout the AABC area. That included things called full movement intersections (you can go up to an intersection and make a right or left out of it from all 4 different legs) and sometimes we talk about controlled intersections (it could be a stop or stop light or a roundabout). What they're not doing with this plan is saying that we're going to have a roundabout here and a stop Tight here and that sort of thing. What we're saying is we can have either a stop light or a roundabout or a stop controlled full movement intersection. That's what they're talking about on all these things. Mr. Fielding said that there is an Amendment Process included as Exhibit B in staff's packet material. If it were to come to light that things were going to change, we can say we made a mistake here. The Amendment Process is similar to what we're going through now. What it does do is require a certain level of engineering analysis for each of those changes. Commissioner Newman said that there have been numerous conversations, discussions and presentation on this Access Plan. It was not total agreement, but it was enough of the majority to move this forward and there was certainly enough participation by the businesses at the Airport Business Center, the residents of North Forty, RFTA and CMC as well. It also gives us the opportunity to continue to stay in line for funding from CDOT and Federal Funds to look at the ability to improve some of these key intersections. Commissioner Newman moved to approve the Resolution Approving an Intergovernmental Agreement (IGA) with the City of Aspen and the State of Colorado Department of Transportation (CDOT) Adopting the State Highway 82 Access Control Plan on first reading and set second reading and public hearing to February 22, 2012. Commissioner Richards seconded the motion. Motion passed 4 to 1 with Chairman Owsley, Commissioner Richards, Commissioner Newman and Commissioner Ittner voting aye and Commissioner Hatfield voting nay for reasons stated above in these minutes. FIRST READING ON ORDINANCE AMENDING TITLE 11, BUILDINGS AND CONSTRUCTION OF THE PITKIN COUNTY CODE BY ADOPTING THE INTERNATIONAL FIRE CODE — 2009 VERSION AS AMENDED, AND ADDING A NEW SECTION 11.44 TITLED INTERNATIONAL FIRE CODE — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO FEBRUARY 22, 2012 STAFF: BRIAN PAWL, CHIEF BUILDING OFFICIAL AND LANCE CLARKE, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING FEBRUARY 8, 2012 Brian Pawl, Pitkin County Chief Building Official introduced Scott Thompson of the Basalt Fire District and Ed Van Walraven, Fire Marshall of the Aspen Fire District Mr. Pawl gave his presentation as mirrored in his Agenda Item Summary. He said since 2007 they have all been working on trying to bring forward an Ordinance to adopt the International Fire Code that all four Fire Districts could agree upon and come to concession on how to have standards of enforcement for sprinklers and other aspects of the Fire Code. This version here today is what they ended up with. It has some amendments from the Town of Basalt, some from Aspen, Snowmass and Carbondale. He said that he is here today at the board's direction to present an amendable version of an Ordinance for consideration for adoption. Commissioner Hatfield had several questions on various sections of the International Fire Code attached to staff's packet material as follows: Page 5, Section 202: "Guest" shall mean any person hiring or occupying a room or bed for living or sleeping purposes. Commissioner Hatfield did not understand the use of the word hiring. Mr. Van Walraven said that was a term that they used many years ago as renting. Commissioner Hatfield would prefer renting. Mr. Ely said that there probably wouldn't be any distinction between overnight rentals as opposed to a person renting a room in a house, etc. DIRECTION TO STAFF — County Attorney John Ely will check on the word hiring before second reading. Commissioner Hatfield said he would go with whatever the County Attorney determines, but he thinks an element missing here is people starting fires in fireplaces by wood or gas and that it deserves a discussion. Mr. Paul responded by saying that this is paragraph adds to what's already in the Code. So this is just in addition to someone carelessly starting a fire with a cigarette it makes it unlawful. Page 7, Section 903.2 (a) — Commissioner Hatfield asked if this was overkill in reference to all dwelling units containing four or more dwelling units that there needs to be automatic sprinklers. Mr. Van Walraven added that this is not retroactive, but something they've been enforcing for 15 years. None of these amendments are new. These are all amendments that the Fire Districts have adopted over the years. This is also in the Building Code. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING FEBRUARY 8, 2012 Page 7, Section 903.2(a) — Commissioner Richards asked how this impacts older structures. For example, if a mobile home is sold, does the new owner have to come up to the new Fire Code or are they grandfathered in without sprinklers? Mr. Van Walraven answered by saying that if somebody goes in and remodels and everything falls into place where it's going to be required to be sprinkled by other parts of the Code, then yes it would have to be retrofitted. Commissioner Richards asked how much of a hair trigger is that? What is a remodel in this instance? Mr. Thompson of Basalt said that they're staying with the 5000 square foot of addition or 5000 square foot of remodel. So, he said, something of that size would not fall into that category. Other things may drive the requirement there if the whole Subdivision is required to have sprinklers. The board was informed that the Fire Districts are just making this legal. They have been telling the public they have to do this by Fire Code with no real teeth behind it. Where it falls into place is where people have 20 or 30 propane bottles in their garage and they get a call on that, they have no enforcement action to use legally. They are just clarifying the amendments that the Fire Districts are already enforcing and already have. They are not changing a thing. Commissioner Ittner asked if anything was being looked at regarding medical marijuana growers and caregivers that grow medical marijuana legally with regard to grow lights, etc. Mr. Van Walraven said that he knows there are jurisdictions looking into that, but the local Fire Districts have not looked into it at this point as far as regulating it from a Fire Code standpoint. Commissioner Hatfield moved to approve the Ordinance Amending Title 11, Buildings and Construction of the Pitkin County Code by Adopting the International Fire Code — 2009 Version as amended, and Adding a new Section 11.44 Titled International Fire Code on first reading and set second reading and public hearing to February 22, 2012. Commissioner Richards seconded the motion. Motion passed 5 to 0. CONSENT PUBLIC HEARINGS, 2 READINGS: SECOND READING AND PUBLIC HEARING ON RESOLUTION AUTHORIZING THE FILING OF A NEW PASSENGER FACILITY CHARGE APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) — MOTION TO APPROVE ON SECOND READING STAFF: JIM ELWOOD, AIRPORT DIRECTOR BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING FEBRUARY 8, 2012 Commissioner Hatfield moved to approve the Resolution authorizing the filing of a new Passenger Facility Charge Application with the Federal Aviation Administration (FAA). Commissioner Newman seconded the motion. Chairman Owsley opened the hearing to public comment. There being none he called the question. Motion passed 4 to 0 with Commissioner Richards out of the meeting room at time of vote. LAND USE PUBLIC HEARINGS: READING AND PUBLIC HEARING ON RESOLUTION GRANTING APPROVAL FOR THE BURKHOLDER INVESTMENTS LTDNERIZON WIRELESS SPECIAL REVIEW FOR BUILDING MOUNTED CELLULAR TELEPHONE ANTENNAES — MOTION TO APPROVE, AS AMENDED STAFF: MIKE KRAEMER, PLANNER APPLICANT: Burkholder Investments LTDNerizon Wireless APPLICANT'S REPRESENTATIVE: Brad Johnson, Consultant for Verizon Wireless SUMMARY: The applicants are requesting Special Review approval to allow for a continued use of building mounted wireless telephone antennas. The request includes replacement and expansion of existing antennas. The facility obtained original Special Review approval pursuant to BOCC Resolution 113.2002. The approval expired on June 26, 2007 and the applicants have continued use of the building mounted antennas after this expiration. Mr. Kraemer began his presentation on this item per his staff memorandum. He explained that one issue came up that needs to be discussed. He said there was a fire last year in the leased space that Verizon uses for their equipment inside the Aspen Animal Hospital. The Fire District has requested a couple of specific things. One is getting the fire alarm system inside the leased space for Verizon integrated with the building fire system. He said it sounds like Verizon is okay with that. The second thing is some type of fire suppression system inside the leased space for the equipment. The equipment gets hot it could potentially start a fire. And, it did last year. There haven't been any technical details hashed out yet on this. He will propose some language in the Resolution BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING FEBRUARY 8, 2012 to add in to get into compliance with the Aspen Fire District Code when they retrofit the system. A discussion on the type of fire suppression system ensued. DIRECTION STAFF — Staff will propose some language in the Resolution to add in to get into compliance with the Aspen Fire District Code when they retrofit the system as far as a type of fire suppression system. DIRECTION TO STAFF — Commissioner Newman noted an error on condition number 8 in the draft Resolution. It states the vested rights are granted and shall expire on February 8, 2012. The year should show 2015. Further discussion developed. Commissioner Hatfield asked about a longer vesting period such as 5 years. After discussion with Lance Clarke on this request, Commissioner Hatfield withdrew his . request. Commissioner Hatfield moved to approve the Resolution Granting Approval for the Burkholder Investments LTDNerizon Wireless Special Review for Building Mounted Cellular Telephone Antennae, as amended with getting the fire alarm system inside the leased space for Verizon integrated with the building fire system and installing some type of fire suppression system inside the leased space for the equipment. Also, correction of the vested rights date to February 8, 2015. Commissioner Newman seconded the motion. After the motion and second, several other amendments were raised. They were: ➢ Mr. Kraemer informed the board that condition 3 in the draft Resolution refers to review of a Zoning Permit. This needs to be changed to a Building Permit so the applicant can get properly routed to their Fire District. ➢ Commissioner Richards wants an additional condition added that states the facility will comply with Pitkin County Noise Standards in the neighborhood. ➢ BOCC Clerk Lyndee Dean, reminded of earlier meetings on similar subjects, asked if there was to be a requirement in all of these types of Resolutions that the applicant must provide contact information for themselves or any new owners. This applies to information at the site for the public and with Community Development. Commissioner Hatfield and Commissioner Newman accepted the amendments as stated to their motion and second, respectively. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING FEBRUARY 8, 2012 Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing and called the question. Motion passed 5 to 0. BOCC OPEN DISCUSSION: Jon Peacock presented a copy of a draft letter to President Obama with proposed language by NACo (National Association of Counties). NACo has taken a position regarding two Supreme Court cases that have challenged the Clean Water Act. A copy of said letter is attached to today's packet material as additional exhibits. Mr. Peacock asked the board if they wished to weigh in with more language or accept what is written. The board was acceptable to the letter as written. DIRECTION TO STAFF — Commissioner Newman did ask, however, that copies be sent to our Senators and that the letter be signed by all Commissioners. The next discussion was on an email from Commissioner Richards dated January 31, 2012 that she forwarded to Jon Peacock and Michael Owsley encouraging the board's strong support of the Pace Programs. The board was supportive of a letter to be prepared and brought back to them for review. Commissioner Hatfield said that after last night's comments with City Council regarding energy upgrades to For Sale units it didn't set well with him as far as the information. He called Nathan Rutledge this morning and found out Commissioner Newman called earlier in the week and spoke about modifying this to include rentals. Commissioner Hatfield said that the City's request for grant got modified to rentals. He said that Steve Barwick somewhat denied that and said it was for Sale units. After a call to Nathan he was told that it was modified to rentals. He said they didn't hear any of this last night. DIRECTION TO STAFF — Commissioner Hatfield would like to direct staff to clarify what's going on. NOTE: Mr. Peacock said that there is a follow up presentation from City Staff on the proposal scheduled for the 21 He said that the County requested a more open format for the meeting as there may be additional questions. There will be time for clarification then. Discussion on this developed. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING FEBRUARY 8, 2012 DIRECTION TO STAFF — Commissioner Hatfield would still like the question clarified before that meeting. He asked for an update on the status of the rental grant He also asked if the funds are immediately disbursed by both boards. The next discussion focused on Hearing Officer Jim True's new position as City Attorney. DIRECTION TO STAFF The board needs to visit how to go about the search for a new Hearing Officer. That position is contractual through Community Development. Commissioner Newman began discussion on finding a contractual person in Denver as part of the Pitkin County Assessor's Office John Ely said that the search is over and a person has been selected and is available. A new discussion was started by Commissioner Hatfield regarding the Subcommittee for EOTC and Dave Pechier's memo where he makes assertions. Commissioner Hatfield shared two of them regarding the percentage of sales tax going to other jurisdictions DIRECTION TO STAFF — Commissioner Hatfield suggested that the actual 1993 ballot language be included as well as the amended 2000 language. ADJOURNMENT: Commissioner Richards moved to enter Executive Session at 2:00 PM for the purpose of discussing personnel, County Manager and County Attorney evaluations pursuant to CRS 24- 6- 402(4)(f). Commissioner Newman seconded the motion. Motion passed 5 to 0. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING FEBRUARY 8, 2012 Respectfully submitted, 1 LOW'. �. Dean erk rthe Board of`Coun ' Commissioners Jean -tte Jones CI_`r to the Board of C, unty Commissioners Michael M. Owsley Chair of the Board of Coun y Commissioners g \bocc \m i n u tes\2012 \reg \02082012 BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING FEBRUARY 8, 2012