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HomeMy WebLinkAboutbocc.min.reg.03142012 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA t Plaza One Meeting Room (Commissioner Owsley not present) WEDNESDAY,MARCH 14,2012 -12:00 NOON Presentation of Land Stewardship Award The Colorado Chapter of the Wildlife Society presents the Land Stewardship Award to Sky Mountain Park— Pitkin County. The Society encourages the establishment and maintenance of the highest possible professional standards while developing wildlife conservation along sound biological lines. ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of Regular Meeting 2/22/12 2. Resolution Declaring Support for Immediate Creation and Implementation of a Federal Policy and/or Process Allowing Bona Fide Good Samaritans to Measurably Improve Water Quality Through Clean-up or Mitigation of Acid Mine Drainage from Abandoned Mines and Providing Assurance to Good Samaritans that they will not Incur Long-term Legal Liability even if Clean Water Act/TMDL Standards Cannot be Achieved 3. Resolution Appointing Members to the Basalt Regional Library Board of Trustees, Charlotte Anderson CONSENT PUBLIC HEARING 4. Application for a Special Event Liquor Permit Submitted by Colorado Mtn College, Jeanette Jones CONSENT ACTIONS- 1st Readings, Set for Public Hearing on March 28 5. Resolution Adopting the Pitkin County Pre-Disaster Mitigation Plan Update, Tom Grady 6. Resolution Adopting the Pitkin County Emergency Operations Plan Update, Tom Grady 7. Resolution to Adopt Certain Conservation Easements into the Pitkin County Open Space & Trails Conservation Easement Portfolio, Paul Holsinger 8. Ordinance Adopting the Darien III Conservation Easement Amendment, Paul Holsinger 9. Ordinance Authorizing Saltonstall Property Acquisition, Dale Will 10. Ordinance Authorizing a Change in the Affordable Housing Deed Restrictions on Property Located a 2 Williams Way, Aspen, CO, and Approving the Smuggler-Hunter Trust Condominium Plat, T Smith CONSENT PUBLIC HEARING, 2nd Readings 11. Resolution Approving a Memorandum of Understanding with Eagle County and Gunnison County in Order to Enable the Establishment and Administration of a Revolving Loan Fund to Provide Financing for Energy Efficient Home Improvements for County Residents for Energy Smart Revolving Loan Fund, Cindy Houben, Brian Pettet (to be continued to April 1 `h at the request of staff) 12. Resolution Authorizing Pitkin County to Enter into an Intergovernmental Agreement Master Contract to Perform Public and Environmental Health Services on Behalf of the Colorado Department of Health and Environment,Nan Sundeen 13. Resolution Supporting the Grant Application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado Trust Fund and Implementation of the Redstone Parks and Open Space Management Plan for Elk Park, Dale Will LAND USE PUBLIC HEARING 1. Elam Gravel Pit Annual Review, PH (PN 2/9/12), M. Kraemer 2. Elam Gravel Pit Minor Amendment to a Development Permit, PH (PN 2/9/12), M. Kraemer 3. Tillman Site Plan Review, PH (PN 2/9/12), S. Wolff LAND USE ACTION 4. Bellock Extension of Vested Rights, L Clarke BOCC OPEN DISCUSSION ADJOURN AGENDA IS SUBJECT TO CHANGE APPROVED BY BOCC QN ,,.,5�� —�is —ZZ�I�Z.,. M{NUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 14, 2Q12 NOTE: Fvr all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR MARCH 14, 2012. CALL TO ORDER: Vice-Chairman .lack Hatfield called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMlSSION MEMBERS PRESENT: Jack HatField, Rachel Richards, George Newman and Rob Ittner COMMISSION MEMBERS ABSENT: Michae{ Owsley was on vacation. LAND STEWARDSHIP AWARD: The Colorado Chapter of the Wildlife Society presents the Land Stewardship Award to Sky Mountain Park in Pitkin County. The Society encourages the establishment and maintenance of the highest possible professional standards while developing wildlife conservation along sound biological lines. Gary Tennenbaum of Pitkin County Open Space and Trails accepted the award on behalf of the County. He said that Pitkin County was able to collaborate with the City of Aspen and Great Outdoors Colorado (GOCO)to protect this wildlife area. This is � exactly what the Wildlife Society wants to see, he said. He said it was a proud moment ! for him. The same award will be given to the City of Aspen and the Town of Snowmass i Village and he wi{I be presenting it to them. Vice-Chairman Hatfield wanted to acknowledge another partner, the As�aen Valley Land Trust. Commissioner Richards also thanked all the voters who allowed these entities to do this. � ADDITIONSJDELETIONS TO THE AGENDA: None PUBLIC COMMENT: None i BOARD OF COUNTY COMMISSION�RS I REGULAR MEETING MARCH ld,2012 I' �' il�� COMMISSIONER COMMENTS: Regarding our higher than average temperatures recently, Commissioner Newman read an AP newspaper article aloud that stated, "Break out the beach towels, flip-flops and baseball hats, warm weather has arrived across much of the U.S." Another item from the National Weather service out of Chicago stated, "It's almost like we've skipped winter and now we're going to skip spring too". On another note, Commissioner Newman spoke of yesterday's Work Session where the board approved a draft Resolution regarding climate change and an action plan. He asked the board if they could discuss the following suggestion in Open Discussion at the end of tonight's meeting. It encourages us to look at better ways to address climate change through an action plan. That leads him to sort ofi a debate in the community concerning ACRA's membership in the US Chamber of Commerce. He said that the US Chamber believes in climate change, however the Board of Directors have not in the past nor seem to be in the near future willing to lobby, support or endorse any climate change legislation. Therefore, he would like the board to discuss asking ACRA to withdraw their membership from the US Chamber of Commerce and have a Resolution prepared for the same. Commissioner Richards agreed with Commissioner Newman. Commissioner Richards then spoke of the latest events as a nation at war regarding the extremely high count of civilian casualties. She asked for a moment of silence to send our prayers to the families of all the casualties. A moment of silence was observed. CONSENT ACT{ONS: MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' REGULAR MEETING OF FEBRUARY 22, 2012 - MOTION TO APPROVE STAFF: LYNDEE R. DEAN/JEANETTE JONES. CLERKS TO THE BOCC READING ON RESOLUTION DECLARING ITS SUPPORT FOR IMMEDIATE CREATION AND IMPLEMENTATION OF A FEDERAL POLICY AND/OR PROCESS ALLOWING BONA FIDE GOOD SAMARITANS TO MEASURABLY IMPROVE WATER QUALfTY THROUGH CLEAN-UP OR MITIGATION OF ACID MINE DRAINAGE FROM ABANDONED MINES AND PROVIDING ASSURANCE TO GOOD SAMRAITANS THAT THEY WILL NOT INCUR LONG-TERM LEGAL LIABILITY EVEN {F CLEAN WATER ACT/TMDL STANDARDS CANNOT BE ACHIEVED — MOTION TO APPROVE READING ON RESOLUTION RATIFYING THE APPOINTMENTS OF CAROLYN KANE, BETSY HERZOG. KENT WINNERY AND BERNARD GRAUER TO THE BASALT REGIONAL LIBRARY BOARD OF TRUSTEES — MOTION TO APPROVE STAFF• CHARLOTTE ANDERSON, EXECUTIVE ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MARCH 14,2012 Commissioner Richards moved to approve the Consent Action agenda. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. CONSENT PUBL{C HEAR{NG: APPLICATION FOR A SPECIAL EVENT LIQUOR PERMIT SUBMITTED BY THE COLORADO MOUNTAIN COLLEGE FOUNDATION (CMC1 — MOTION TO APPROVE STAFF: JEANETTE JONES. CLERK TO THE BOCC Crysta! Schiller of the CMC Foundation explained the event. It was the Jim Calaway Honor Series honoring the Catto Family with a performance by the Santa Fe Guitar Quartet to be held on Saturday, March 17, 2012 starting at 6:30 PM. She said you could call for tickets at 947-8367. Vice-Chairman Hatfield opened the public hearing. There being no comments, he closed the public hearing and asked for a motion. Commissioner Richards moved to approve the application. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. CONSENT ACTIONS: 1ST READINGS SET FOR PUBLIC HEARING ON MARCH 28: All items were pulled for presentations and further discussion. FIRST READING ON RESOLUTION ADOPTING THE PITKIN COUNTY PRE- DISASTER MITIGATION PLAN UPDATE — MOTION TO APPROVE ON FIRST READING AND SET SEC�ND READING AND PUBLIC HEARING TO MARCH 28. 2012 STAFF: TOM GRADY, EMERGENCY MANAGER FIRST READING ON RESOLUTION ADOPTING PITKIN COUNTY EMERGENCY OPERATIONS PLAN UPDATE — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO MARCH 28 2012 STAFF: TOM GRADY, EMERGENCY MANAGER Tom Grady, Emergency Manager, gave his presentations on these two items as mirrored in his Agenda Item Summaries. Mr. Grady said that it's up to each individual to have their own evacuation plan, escape routes, etc. In a major event, he added, the responders will be dealing solely with life saving and infrastructure first. Commissioner Richards added that now is the time to create your defensible spaces around your property and make sure you have the proper insurance coverage. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MARCH 14,2012 Mr. Grady said that these documents are for the public and anyone wanting to read them can go to www.aspenpitkin.com then county departments and then emergency management. Commissioner Newman moved to approve the Resolution adopting the Pitkin County Pre-Disaster Mitigation Plan Update on first reading and set second reading and public hearing to March 28, 2012. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. Commissioner Newman moved to approve the Resolution adopting the Pitkin County Emergency Operations Plan Update on first reading and set second reading and public hearing to M�rch 28, 2012. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. FIRST READING ON RESOLUTION ADOPTING CERTAIN CONSERVATION EASEMENTS INTO PITKIN COUNTY OPEN SPACE & TRAILS CONSERVATION EASEMENT PORTFOLIO — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO MARCH 28, 2012 STAFF: DALE WILL, DIRECTOR OF OPEN SPACE AND TRAILS; PAUL HOLSINGER, OPEN SPACE & TRAILS LAND OFFICER Paul Holsinger gave his presentation to the board as shown in his Agenda Item Summary by describing the five conservation easements that included Ruedi South Shores PUD, McCloskey, Rubey Subdivision, GuentherlLarsen and Zoline. Commissioner Newman moved to approve the Resolution Adopting Certain Conservation Easements into Pitkin County Open Space & Trails Conservation Easement Portfolio on first reading and set second reading and public hearing to March 28, 2012. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. FIRST READING ON ORDINANCE APPROVING THE DARIEN III CONSERVATION EASEMENT AMENDMENT— MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND. PUBLIC HEARING TO MARCH 28, 2012 STAFF: DALE WILL, DIRECTOR OF OPEN SPACE & TRAILS; PAUL HOLSINGER, OPEN SPACE & TRALS LAND OFFICER Mr. Holsinger gave the presentation on this item as stated in his Agenda Item Summary. Commissioner Newman moved to approve the Ordinance Approving the Darien {ii Conservation Easement Amendment on �rst reading and set second reading and public hearing to March 28, 2012. Gommissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MARCH 14,2012 FIRST READING ON ORDINANCE AUTHORIZING SALTONSTALL PROPERTY ACQUISITION — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO MARCH 28. 2012 STAFF: DALE WILL. DIRECTOR OF OPEN SPACE & TRAILS; PAUL HOLSINGER, OPEN SPACE & TRAILS LAND OFFICE Dale Will gave this presentation himself as seen in his Agenda Item Summary. DIRECTION TO STAFF — Commissioner Richards said that Mr. Will referenced in his Summary that he had received a correspondence of concerns about the acquisition. She would like to include that in the packet for second reading on March 28, 2012. Commissioner Richards questioned why the Ordinance really doesn't mention water rights. Mr. Will responded by saying that this property does include some great water rights that come from the Home Supply Ditch and those will be conveyed to us. The Ranch Manager is currently living out there and Mr. Saltonstall is keeping approximately 5 acres of the property so there will be a prorata allocation of the rights of the irrigated portion of that 5 acres can still be irrigated. But, beyond that we will become the owner of those rights and have been consulting with John Ely. There are some interesting things we're thinking about in regard to the Home Supply Ditch over all and how to best manage that ditch. DIRECTION TO STAFF — Commissioner Richards further asked that at second reading she would like to have included the terminology that appropriate prorate shares of the ditch are included as well. Commissioner Newman moved to approve the Ordinance authorizing Saftonstall property acquisition on first reading and set second reading and public hearing to March 28, 2012. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner 4wsley not present. FIRST READING ON ORDINANCE AUTHORIZING A CHANGE IN THE AFFORDABLE HOUSING DEED RESTRICTIONS ON PROPERTY LOCATED AT 2 WILLIAMS WAY, ASPEN, COLORADO AND APPROVING THE SMUGGLER- HUNTER TRUST CONDOMINIUM PLAT— MOTION TO APPROVE ON FIRST READING, AS AMENDED AND SET SECOND READING AND PUBLIC HEARING TO MARCH 28. 2012 STAFF: THOMAS FENTON SMITH, ATTORNEY FOR APCHA (ASPEN/PITK{N COUNTY HOUSING AUTHORITYI Commissioner Richards recused herself on this item due to it being related to a transaction with Hunter Creek Condominiums where she lives. And, the property is also immediatefy adjacent in terms of proximity. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MARCH 14,2012 Tom Smith gave his presentation as outlined in his Agenda Item Summary. Vice-Chairman HatField asked Mr. Smith if he was aware of a March 7, 2012 letter sent to the BOCC by Bob Nix, Sr. regarding the removal of affordable housing deed restriction on the Hicks' property. Mr. Smith responded that he did not have that letter. Vice-Chairman Hatfield said that one of the questions Mr. Nix stated in his letter was that it was his understanding that this transaction needs to go before the Hunter Creek Homeowners, not just the Board: Mr. Smith was quite candid and said that he really doesn't understand the position Mr. Nix has taken since the settlement agreement was signed. He agreed and signed off on this whole scenario with the court, Mr. Smith stated. Since that time he has continued to try to find ways to keep this from happening by having other parties do his bidding, he said. He is bound by the settlement with the court. As far as Hunter Creek's responsibility and the procedure they need to go through to approve the settlement that is not Mr. Smith's issue or the BOCC's issue. They are going to have to follow their internal procedures. If Mr. Nix does not feel they are doing that properly, he added, he can take that up with them. Vice-Chairman HatField asked Mr. Smith, for the record, that he was stating that Bob Nix was a signatory to that settlement. Clerk to the Board Lyndee Dean asked Vice-Chairman Hatfield for a copy of Mr. Nix's letter to add as an exhibit to this packet material and to give a copy to Mr. Smith, which was done at the conclusion of this hearing. Mr. Smith responded that the settlement they have with Kenny Hicks is not any more specific to indicate that APCHA gets the money. So, he continued, he thinks that's a discussion Vice-Chairman Hatfield should have with the City of Aspen and Tom McCabe, Director of APCHA DIRECTION TO COUNTY MANAGER -Vice-Chairman Hatfield informed County Manager Jon Peacock that he would like to try to remember this when the BOCC does the budget with APCHA in order to track where that money might go or have a brief touch base on it. Further discussion ensued. MODIFICATIONS TO THE ORDINANCE - County Attorney John Ely would like to suggest two modifications to the text of the Ordinance. He told the board that he would have that memorialized and brought forward to the board on the second reading scheduled for March 28. The changes that he would suggest and ask the board to incorporate into the acceptance of the Ordinance on first reading are: BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MARCH 14,2012 ➢ On pages 2 & 3 of the draft Ordinance under the NOW, THEREFORE, BE IT ORDAINED there is five paragraphs to that. The first two refer to the release of restrictions and the next three refer to the acceptance of the new restrictions. The first two paragraphs read that the restrictions are removed and vacated. He would like to have those two paragraphs amended such that the restrictions would be removed and vacated upon execution and acceptance of the documents that are listed in paragraphs 3, 4 and 5 below. Commissioner Newman moved to approve the Ordinance Authorizing a Change in the Affordable Housing Deed Restrictions on Property Located at 2 Williams Way, Aspen, Colorado and Approving the Smuggler-Hunter Trust Condominium Plat, on first reading with amendments as our attorney has stated and set second � reading and public hearing to March 28, 2012. Commissioner lttner seconded the motion. Motion passed 3 to 0 with Commissioner Owsley not present and Commissioner Richards recused. CONSENT PUBLIC HEARINGS, 2ND READINGS; Vice-Chairman Hatfield opened the public hearing and will keep it open for all of the appropriate items in the rest of the agenda. SECOND READING AND PUBLIC HEARING ON RESOLUTION APPR�VING A MEMORANDUM OF UNDERSTANDING (MOU1 WITH THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY AND GUNNISON COUNTY, IN ORDER TO ENABLE THE ESTATABLISHMENT AND ADMINfSTRAT101V OF A REVOLVING LOAN FUND TO PROVIDE FINANCING FOR ENERGY EFFICIENT HOME IMPROVEMENTS FOR COUNTY RESIDENTS - MOTION TO CONTlNUE TO APRIL 11, 2012 AT THE REQUEST OF STAFF STAFF• BRIAN PETTET, DIRECTOR OF PUBLIC WORKS AND CINDY HOUBEN, DIRECTOR OF COMMUNITY DEVELOPMENT There was no public comment offered so Vice-Chairman HatField asked for a motion. Commissioner Richards moved to continue this item to April 11, 20'12 at staff's request. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. SECOND READING AND PUBLIC HEARING ON RESOLUTION AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL MASTER CONTRACT (#13 FAA 00041) TO PERFORM PUBLIC AND ENVIRONMENTAL HEALTH SERVICES ON BEHALF OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT— MOTION TO APPROVE STAFF: NAN SUNDEEN DIRECTOR OF HEALTH AND HUMAN SERVICES AND LIZ STARK. DIRECTOR OF COMMUNITY HEALTH SERVICES BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MARCH 14,2012 Both Liz Stark, Director of Community Health Services and Carla Ostberg, Manager of Pitkin County Environmental Health were present for this item as Ms. Sundeen was away on vacation. Ms. Stark and Ms. Ostberg gave the board a brief summation of this item as outlined in the Agenda Item Summary and answered questions from the board to the Commissioners' satisfaction. As there were no public comments given, Vice-Chairman HatField asked for a motion from the board. Commissioner Ittner moved to approve the Resolution Authorizing Pitkin County to Enter into an Intergovernmental Master Contract (#13 FAA 00041) to Perform Public and Environmental Health Services on behalf of the Colorado Department of Public Heafth and Environment on First Reading and Set Second Reading and Public Hearing to March 28, 2012. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. SECOND READING AND PUBLIC HEARING ON RESOLUTION SUPPORTING THE GRAIdT APPLICATION FOR A LOCAL RARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLQRADO TRUST FUND AND 1MPLEMENTATION OF THE REDSTONE PARKS AND OPEN SPACE MANAGEMENT PLAN FOR ELK PARK— MOTION TO APPROVE STAFF: DALE WfLL. DIRECTOR OF OPEN SPACE AND TRAILS AND LINDSEY UTTER. RECREATION PLANNER Recreation P{anner Lindsey Utter gave her presentation using Dale Will's Agenda Item Summary. Ms. Utter answered questions posed to her by the board. SUGGESTION TO STAFF — Commissioner Richards said that when she was back in Washington, D.C. with the National Association of Counties, she read that the current transportation bills that they're debating (one is an 18-month measure and one is a 4- � year measure) totally zero out and eliminate the scenic byway program in the future. She asked if Ms. Utter's department would be able to write a letter to our Senators and let them know what value it has been to our community and rural tourism aspects. Ms. Utter said that they haven't talked about it, but she can certainly bring it up. Commissioner Newman moved to approve the Resolution Supporting the Grant Application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Coforado Trust Fund and Implementation of the Redstone Parks and Open Space Management Plan for Elk Park. Commissioner Ittner seconded the motion. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING MARCH 14,2012 Vice-Chairman Hatfield did not receive any comments from the public and therefore he called the question. Motion to approve passed 4 to 0 with Commissioner Owsley not present. LAND USE PUBLIC HEARfNGS: READING AND PUBLIC HEARING ON RESOLUTION GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT — MOTION TO APPROVE, AS AMENDED STAFF: MIKE KRAEMER AND READING AND PUBLIC HEARING tJN RESOLUTION GRANTING APPROVAL FOR THE ELAM GRAVEL PIT MINOR AMENDMENT TO A DEVELOPMENT PERMIT— MOTION TO APPROVE, WITH FfNDINGS STAFF: MIKE KRAEMER The draft Resolution in staff's packet material was incorrectly titled "granting annual review approval to the Elam Gravel Pit special review permit AND minor amendment to a development permit". As there was already a draft Resolution for the minor amendment to a development permit, the first draft Resolution will be titled for special review permit only, as titled above. APPLICANT: Elam Construction, lncorporated APPLICANT'S REPRESENTATIVE: Gayle Lyman and Dave Heiberger SUMMARY: On October 11, 2006, the Board of County Commissioners approved a 16 acre expansion and a 20 year extension of the Special Use Permit for the Elam Construction, Sand and Gravel Pit and Asphalt/ HotMix/Concrete Plant pursuant to BOCC Resolution No 129-2006 (Rec. No. 530725). This expansion area is called Phase 2. As a condition of this permit, the County required an annual pubtic hearing for the operator to demonstrate compliance with the conditions of the permit, for the County to require corrective measures or to impose new conditions, and to provide an opportunity for citizen comment on the operations. This 2006 approvai was subsequently vacated by a judicial proceeding and remanded to the BOCC for further findings due to the presence and unaddressed impact to a residence owned by the Brauns that exists 480' from the expansion area. (District Court Order Case Number P06 CV 230). On June 24 and August 12 of 2009, the BOCC heard the request for an expansion of the Vagneur Pit and to maintain the terms of the operation for 20 years. These two hearings resulted in BOCC Resolution No. 052-2009 (Rec. No. 563795) (See BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING MARCH 14,2012 Applicant's submittal for entire resolution) which granted approval of the request, specifically addressing District Court Order Case Number P06 CV 230. BOCC Resolution made specific findings regarding a 1000' setback requirement from the residence that is 480' from the expansion area. Resolution No. 052-2009 required some additional items be addressed at the annual review for Phase 2 of the operation. BOCC Resolution No. 039-2011 approved the 2010 pit operations and also required that some items be addressed. The Applicant has also received 5 year Special Review approval for a commercial snow dump operation that will expire in the 2015/2016 winter season pursuant to BOCC Resofution No. 16-2011. As required by the Resolution, soil testing results were submitted and the snow dump is in compliance with adopted standards. Mike Kraemer made his presentation for the Annual Review first as mirrored in his staff memorandum going over the highlights for the board. He informed the board that there was some required landscaping on the backside of the expansion area. The {andscaping was an effort to mitigate some of the visual impacts to the residents. Staff did notice on the site visit that maybe two or three trees that did not make it through the winter. To be in accordance with the approved landscape plan, staff recommends that those trees get replaced this summer. Vice-Chairman Hatfield asked if there was any limit on tree replacement, i.e. a tree gets a disease and dies. Can the board require a replacement at that time so that it's in perpetuity as far as vegetation? Also, he asked, is there any requirement about trying to, within reason, try to match the size of the other trees? Mr. Kramer answered yes; tree replacement can be done when needed. As far as matching tree sizes he said that luckily this review is done every year and staff gets to see that landscaping and hopefully, they will catch these types of thing. But, if that does occur, staff can work with the applicant and meet the spirit of the landscape plan by planting more if one big one died. NOTE: Commissioner Richards suggested that it would be worth checking or borrowing some of the expertise of the City's arborist, but it's her understanding that the larger trees don't really grow as quickly as the smaller ones. She said it takes so long for the root bufb to catch up with the branch. For the longer life cycle of the tree, you're better off planting the smaller trees than a bigger one. And, it may change from species to species which is why she suggested checking with the arborist. Gayle Lyman representing Elam as their property manager introduced the President of the Company, Todd Bower. He is here for any questions the board may want to ask him. Mr. Lyman gave his presentation as shown in his Summary Request in this packet material. Mr. Lyman said that a letter from Enviro-Cam written to the County spoke to the water quality testing. Their recommendation was to have the water filtered before the lab actually runs the test. BOARD OF COUNTY COMMISSIONERS 1 O REGULAR MEETING MARCH 14,2012 ..�.�... a__ _ _ This appeared to puzzle the board and Mr. Lyman was asked to further explain this recommendation. DIRECTfON TO APPLICANT - Mr. Lyman said that he could get a better clarification on this process as he is not a chemist and, at the suggestion of Commissioner Richards, have it run through Pitkin County's Environmental Health department. NOTE: Greg Lewicki shed some light on the water sampling. He said that this is alluvial gravel and over thousands and thousands of years the veins that were in the Smuggler and some others had lots of lead, zinc and cadmium in them got washed down through the valley. Those solids are in some of the gravels. Some get oxidized and get wash away but others don't. The main concern with the water sampling is what's dissolved because that's what ends up going in the stream and going downstream. Solids that might be in the pit have no way to get downstream. So, if any of those metals were in suspended particles #hey don't really matter that much because they're not going to go anywhere. Whereas, if something's dissolved that would be a concern because that could sift through the gravel and get out into the river. Mr. Lewicki gave his presentation, as shown in staff's packet material, with the use of a number of graphs and maps. Vice-Chairman HatField opened the hearing to public comment. Attorney Jody Edwards addressed the board on behalf of Gayle Braun. She and her husband have a residence at the end of Elam's property. He stated that the Brauns appreciate the good fines of communication with Mr. Lyman, Mr. Bower, Lance Clarke and Mike Kraemer. They also appreciate the "white noise" back-up beepers. They help and are a nice addition. Mr. Edwards spoke to the landscaping referencing the BOCC minutes from 8/12/2009 where a motion was made for "aggressive landscaping" and he doesn't see this. He further explained this and asked for the berm on Phase II to be increased to 30 feet. Also on the thistle issue, the Brauns would like a more aggressive approach as the thistles are blowing onto the Brauns' property. Discussion developed on the berms. Mr. Lewicki verified with Mr. Edwards that the Brauns were asking for a permanent berm left as part of the natural hillside at the very end of mining. Mr. Edwards responded correct. Mr. Lewicki continued on by saying that the 15 to 25 foot berm is a constant north face that they always feave in place as they mine that whole hillside down. So, it's constantly BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING MARCH 14,2012 moving down with us. He further expiains by use of drawings. He said that they have demonstrated compliance with the thresholds so he said that he is not in favor of giving up those kinds of reserves when they can demonstrate that they meet the thresholds (their mitigation limits in terms of noise and dust). DIRECTION TO APPLICANT AND STAFF - Commissioner Richards addresses the berm. She is willing to support the annual review, but given that the operation moving toward the Brauns' residence will take a period of time to accomplish, she does not feel she has enough information to say that there should be a higher berm at this point or that the current form is meeting thresholds today. But, she thinks it is worth, in a future year review, to have a little more detail of what it could or would look like. DIRECTION TO APPLICANT AND STAFF — Commissioner Richards wants Carla Ostberg of Pitkin County Environmental Health to weigh in on the water testing protocol. DIRECTION TO APPLICANT AND STAFF — Commissioner Ittner said that he agrees with Commissioner Richards in terms of the berm. It seems to him that it's part of the 2009 agreement regarding the end of this gravel excavation in terms of where this berm is. He wants a requirement on next year's review to have a presentation on what the final aspect is and what we're going to get to at the end in terms of protecting the neighbors. Commissioner Ittner added that in terms of the aggressive landscaping, he thinks the board needs to figure out whether or not it has met those criteria. Commissioner Newman said that the dust and the noise have been adequately mitigated. He agrees with Commissioner Richards regarding Mr. Edwards' remarks that go toward the future in terms of visual is a little too premature to try and figure that out. Regarding his comments in 2009 in terms of aggressive landscape it didn't mean that we had a minimum number of trees. It wasn't going to be very sparsely populated. Perhaps as new trees have to be repiaced we could start doing a different configuration so that it iooks more like a natural setting versus just a set row. In terms of thistles, Commissioner Newman said that it sounds like they're addressing a more aggressive program. He would love to have Mr. Edwards' advice on stopping thistfes coming onto his property every year. Vice-Chairman HatField said that obviously our public hearing process is an interactive process that had several points made about possibly improving the work we did in 2009. He agrees that he does not have enough information on how to handle the berm issue. But, on the other hand the thistle management, with the commitment and the representation that that will be more intensely addressed this year he thinks the board has to agree with that representation. A finaf discussion ensued on "aggressive" landscaping. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING MARCH 14,2012 DIRECTION TO STAFF — Commissioner Richards asked that next year we should have some clear pictures of the piantings on the ground from the applicant. The board would like more visuals and feedback for next year's review. Vice-Chairman HatField spoke to the Braun's request for a 30' berm on Phase II and the end product down the road. He asked John Ely what the board's position was to amend the original approval from 2009 after hearing feedback. And, what if this process evolves where the direction might be to take a look at it next year? But, he continued, what legal position are we in, he asked? Mr. Ely said that's the purpose of the Review. It's to evaluate how the Special Review operation has been going and responding to concerns and previous directions of the board and, if necessary impose something different because of some situation. Vice-Chairman Hatfield said that we have the ability to amend, but at this point he is not sure in the Phase II operation certainly we have enough information or are even inclined to say that this must happen. But, I think, taking the feedback we've hear, behoove you ail to think about what that might mean because he doesn't sense that we have a desire to impose any different conditions at this time. Maybe more visuals and feedback next year, he concluded. MOTION ON THE ANNUAL REVIEW RESOLUTION ONLY: Commissioner Newman moved to approve the Resolution Granting Annual Review Approval to the Elam Gravel Pit Special Review Permit, as amended with consideration about clarifying the water testing protocol with Pitkin County Environmental Health. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Owsfey not present. The board next addressed the Minor Amendment to a Development Permit. Mike Kraemer gave his presentation as shown in his packet material. He stated that the reason for the amendment is to remove material out of the expansion area at a faster rate. There isn't a request to move more material, he added. The reason is that Elam won the Highway 82 repaving project and they are asking anticipating some increase demand in the future, too. Mr. Kraemer said that one of the specifics to address when doing the review for the expansion area are impacts to a residence 480' from the expansion area. The board needs to make findings on visual, dust and noise. Two of the requests were the applicant's use of a CAT 966 loader, for which they have approval and abifity, to mine into the expansion area and the use of a CAT D9N Dozer. Also included in the request is a Cat345 B track hoe and three Volvo A30 rock trucks. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING MARCH 14,2012 If, for some reason, the board doesn't approve this mining effort and continues this for any reason the pit opens on April 1, 2012. The applicant will use the approved 2009 mining method so that the front-end loader and the D9N dozer to mine from the expansion areas. However, if these variations are approved, the application would like to have all three variations available to them to mine at their discretion. Mr. Kraemer said that in the 2009 report, there is a requirement that they achieve a 14.0 micro grams per cubic meter benchmark modeled at the 408' residence. The applicant is charged with modeling and showing us that there is no additional impact that exceeds 14.0 micro grams per cubic meter DIRECTION TO STAFF — Commissioner Richards wants clarification on the size of the requested vehicles: Is it the top of the radiator; is it the bottom of the radiator; is it the mid-point of the radiator. Just so there's not a dispute later over 3-foot. She didn't know where they were calculating the measurements from: top, bottom, mid-point. Greg Lewicki gave his presentation at this time as shown in the applicant's packet material. He addressed visual, dust and noise impact mitigation by use of various maps and graphs included in his packet material. Vice-Chairman Hatfield opened the hearing to public comment. Jody Edwards, representing the Brauns, addressed the board. He clarified the 30' berm request. He understands that from the Brauns' perspective viewing that hillside it's going to look like the hillside is gradually disappearing. They're not asking to keep it 30' all the way down from the top. They're just asking for 30' from the bottom which he thinks Mr. Lewicki showed in his last drawing. Taking a look at that next year, he said he thinks that's a good idea. Even if you were to plant another 60 trees, the landscaping buffer is not going to be visually effective. IYs not going to be forest-like. The purpose of the request was to put a land form there as a buffer. Mr. Edwards submitted a satellite image photograph from Google Earth for the record. Instead of the theoretical modeling that we've seen so far, Mr. Edwards would like to see actual measurements. REQUEST FROM JODY EDWARDS - His suggestion is since the production is going to be 1000 feet away, go ahead this year. But do some actual testing of the noise and, if possible, the dust at locations that are 480' away from the new equipment as it's being used. He'd also like to suggest that it be a 3�d party as opposed to Elam employees who would be doing the sampling and supervised by the County, if possible. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING MARCH 14,2012 The last page of staff's original packet material for today shows Case #7, Case #8 and Case #9 Noise Study Profiles. Mr. Edwards spoke to Case #8 which is Worst Case for 345 B Excavator at closest point to Braun Residence. The arm of the track hoe is going to be sticking way up in the air once that thing gets to 480' away and visible from the Braun residence. REQUEST FROM JODY EDWARDS — His suggestion is that that piece of equipment never be used for the last portion of each slice so that it's sticking up in the air. REQUEST FROM JODY EDWARDS — He asked that on page 2 of the draft Resolution that condition 2.B, sub-paragraph 1 instead of the radiator, in the middle of the radiator or whatever portion of the radiator, he says that the top of the bucket has to stay below some line. He woutd like it to be below the berm wherever that is at the time. In each of the stipulations (1, 2, 3) there is a sentence that reads, "as the excavation moves toward the north limit of the permit". He thinks that's pretty vague. He would like it to say when it is within 1000' feet of the Braun residence. REQUEST FROM JODY EDWARDS — Some of edits that he suggests are where it says 18 vertical feet from the top in stipulation 2 he would like it to say below the top (change word from to below for clarification). Ms. Braun said that in some pictures they are taken at street level and her house sits up on a bench which makes it higher. What she sees is not quite what some of the pictures represent. Based on Elam's diagram and their image of the pieces of equipment showing above the berm level that is why she requested the berm to be higher. She doesn't think they will have any impacts as they get to end closer to her house. When you take down a hill that large, she continued, what she is going to be seeing is quite different than the pictures being represented with the foliage. Vice-Chair Hatfield said the end of the project is years and years away, so he's not sure a site visit would answer that particular question. Jody Edwards asked who would be the person to call with any complaints. Mr. Edwards was told that Todd Bower, President of Elam would be the contact person. CONDITION REQUESTED BY COMMISSIONER RICHARDS — She said that we could put in a condition in here that the review of the variation to operating programs so that as we hit the last 25% or 35% of the site we are using an operation protocol that reduces that bucket above grade. She said that we can't craft perFect language on this today because if they're still in the lower part of the pit it makes sense even though they're in the last 1/3 or 1/4 of the project, but as they're going up the hill of that last portion maybe you have to swap out equipment. I think that we need to allow ourselves the review space to look at that in the future operation plans. She thinks we should add it as it makes sense to her, a 3�d party monitor at least in this initial year of operation. BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING MARCH 14,2012 Maybe they could do a review once a month in May, June, July, August and September and then we'll have that data in hand for the coming year. The board discussed Jody Edward's requests: ✓ As for the 3rd party monitor, the board said they think this is not necessary and are not going to require that. ✓ Testing from approximately 480' to get a sense of what would happen 10 years down the line. The board agreed that this is not necessary now either. We're speculating what's going to happen 10 years or more that is represented down the line. Let's get a number of years down the line with annual reviews and see what the facts are. ✓ Track Hoe issue —the board agreed that this will be dealt with next year. ✓ Jody suggested that we change language concerning the north limit of the permit to 1000'. The board feels it is premature to do this now. NOTE: Commissioner Richards said that as this gets closer, it is entirely appropriate ad we have the opportunity for an annual review to come up with a more detailed operational plan for that last segment. Vice-Chairman Hatfield stated that the board received representations from the presentation of the applicant that they appear not to have exceeded thresholds on visual, dust or noise at this point. And, part 2 of B where they talk of specifics with the equipment. MOTION ON MINOR AMENDMENT TO DEVELOPMENT PERMIT — Commissioner Richards moved to approve the Resolution granting approval for the Elam Gravel Pit Minor Amendment to a Development Permit with the findings that the proposed variation to the mining method will have substantially the same or less impact when compared to a resident that resides 1000' from the mining expansion area for the portion of the amended application. We also make a finding that the visual impacts from variation 1 and 2 are no different than from the 2009 submittal. There will be a further finding that the dust impacts from variation 1 and variation 2 is modeled to be less than the 14.0 micro grams of dust per cubic meter, which is the established benchmark in the 2009 submittal. And, that the board makes the finding that the noise impacts from variation 1 and variation 2 should be less than 48 dB(A) which is the benchmark established in the 2009 submittal. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. Vice-Chairman HatField closed all public hearings so far in this meeting today. READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE ESTATE OF MARVIN TILLMAN SITE PLAN REVIEW AND ACTIVITY ENVELOPE AMENDMENT - MOTION TO CONTINUE TO APRIL 25, 2012 STAFF: SUZANNE WOLFF. SENIOR PLANNER BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING MARCH 14,2012 APPLICANT: Marvin A. Tillman Estate APPLICANT'S REPRESENTATiVE: Tom Newland and Tom Smith SUMMARY: The Applicant is requesting Site Plan approval to construct a new single family residence. In addition, the Applicant is requesting an amendment to the approved Activity Envelope to allow development on sfopes in excess 30%. The application has been forwarded to the BOCC for consideration, based on objections submitted by Stonywood Trust and Henry Lowe, adjacent property owners (Attachments B.I.c and B.2.b). The Code specifies that an objection to a Site Plan Review application is forwarded to the Hearing Officer for consideration. In this case, staff agreed that it was appropriate to send the Site Plan Review application to the BOCC for consideration, rather than the Hearing Officer, since the BOCC was the decision making body that eliminated the 30+% slope areas from the Activity Envelope, and the Site Plan application includes a request to amend the Activity Envelope to include those areas within the envelope. The original application dated April 11, 2011 was amended as described in the Amendment dated January 17, 2012. The Amendment addresses the following: • Compliance with a 30' easement for Shield 0 Road and adequate parking outside of the easement; • Reduction in the size of the residence and the number of bedrooms; • On-Site Wastewater Treatment System; • Redesign of the residence. to lower the height. Suzanne Wolff proceeded with her presentation. She went over the outstanding issues as shown in her staff memorandum. Tom Newland, representing the appticant, gave his posted notice affidavit to Ms. Wolff. Mr. Newland then began his presentation based on his letter of request for an amendment dated January 17, 2012 in staff's packet material. He also introduced Alan Moore, who is the personal representative of the Tillman Estate and Tom Smith. Mr. Smith is also representing the applicant. The following exhibits for the record were submitted by Tom Newland. They were: • A letter dated February 5, 2012 from All Service Septic, LLC to Newland Project Resources where they visited the site and prepared a conceptual 3-bedroom ' onsite wastewater system design. • A fetter dated March 7, 2012 from High County Engineering to Newland Resources regarding the slopes on the Tillman property. BOARD OF COUNTY COMMISSIONERS 17 REGULAR MEETING MARCH 14,2012 Vice-Chairman Hatfield is very concerned about the ridgeline and at the end of the day, he said, he sees no reason to break the ridgeiine. He disagrees with staff and the applicant about the character. He believes this is a game changer in the neighborhood. Mr. Newland disagrees saying you can't build anything there without breaking the ridgeline. Regarding the deck issue, there can be no encroachments, Vice-Chairman HatField stated. Vice-Chairman Hatfield opened the hearing to public comment. Bart Johnson represents property owners Stonywood Trust and Henry Lowe. He spoke to the board regarding the pubiic road right of way issue. Mr. Johnson submitted the following exhibits for the record: • A copy of a plat from Book 9 at Page 47 entitled David Christensen Plat of Property Split. • A copy of a plat from Book 5 at page 40 and 41 entitled Hidden Meadows. He questioned the stability of the slope. And aiso believes it would be a character changer for this area. He said that his sense is that the home could be re-designed. Sue Helm lives at the end of Snowmass Creek Road. She is speaking as a resident of the valley and not on behalf of the Caucus. Ms. Helm submitted 5 colored photographs which were copied for the board and submitted as exhibits to the record. She explained each photograph for the board and has titles on each photograph. Ms. Helm also submitted for the record a letter of opposition to this request from Ingrid Antoni to the BOCC. David Nixa, speaking for himself, has been asking what's the appropriate setback? The Parking area also concerns him. If the snow is pushed off of that it is going to go down the bank and that will contribute the rock slides into the mud that comes down that road. He said he picks up rocks everyday that could harm a vehicle. Kevin Michaelson is on the Homeowners Association for Shield O Terrace and lives on Shield O Road. He approached the applicant's map and pointed out an existing gable oak stand and just on the opposite side is an appropriate place to put this building. If it's in this area it would potentially lie within the setback of Snowmass Creek Road. There may be an opportunity, he said, to put it right off the road so it wouldn't lie within that setback. He said it could exist way down by the intersection of Snowmass Creek Road and Shield O Road, but it would be very visible there. BOARD OF COUNTY COMMISSIONERS 18 REGULAR MEETING MARCH 14,2012 He doesn't understand how the board could allow such a community building. Would it be added as a condition of approval? If the board can figure that out, would it be possible to ailow the HOA to submit for a building permit prior to the residence. Listening to discussions on slope stability, he had a thought that you could add a condition of approval to have a geo-technical engineer to provide a stability analysis as part of the building permit application. Also, another suggested condition, he added, would be to have the applicant revegetate that slope for some more stability. Mr. Michaelson had another question regarding the setback. If the board agrees with Bart Johnson's argument that the right of way is from approximately the fence line and you project that 5Q' setback from the fence line and you determine that there's nothing left, is a takings proceeding possible and could a TDR be done at that time. To follow up on that, if that is the decision of the board, can the HOA still have their community building somehow. Mr. Michaelson, personally, said that he agrees with David Nixa and thinks that a house is not appropriate here and the open space is more appropriate. He is very interested in a community building for a neighborhood. He doesn't, however, want to prevent the owner of having a home if it's well within their rights. Ms. Helm told the board that she has heard that some adjacent property owners and the HOA are interested in working with developers for the groups to work together to come up with a solution to purchase the property for open space. Bart Johnson said that Tom Smith had said that the two plats he mentioned included dedications for Snowmass Creek Road and were, therefore, weren't in evidence for what the County thought it already had. He would pvint out that the Hidden Meadows plat in particular from 1977 excepts Snowmass Creek Road from the property owned by the applicant and describes it as an existing County Road. It is not a dedication, but an acknowledgment that it already exists. Vice-Chairman HatField closed the public hearing. Commissioner Richards wants to continue this so that staff and the County Attorney can investigate the road further so that we can have a more definite opinion on that. If continued, she would really need to see a much smaller home design. Commissioner Ittner supports continuation, but further studies should include snow removal and water drainage and more work to minimize those ridgelines. Vice-Chairman HatField said that as presented before the board, he cannot vote for this application. He stated earlier about his ridgeline review concerns. On the side elevation you can't avoid ridgeline at all. Tom Smith asked the board for direction with regard to the building size. BOARD OF COUNTY COMMISSIONERS 19 REGULAR MEETING MARCH 14,2012 Commissioner Richards responded by saying that she can't answer on the square foot number, but told Mr. Smith to listen to the neighbors about size reduction. She doesn't want any square footage and additional square footage allowed for future expansion. Vice-Chairman Ha�eld moved to continue the Resolution Approving the Estate of Marvin Tillman Site Plan Review and Activity Envelope Amendment to April 25, 2012. Commissioner Richards seconded the motion. Motion passed 4 to Q with Commissioner Owsley not present. LAND USE ACTION: READING ON RESOLUTION APPROVING A THREE YEAR EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE BELLOCK STILLWATER RANCH LOT 4 PROPERTY— MOTION TO APPROVE STAFF: LANCE CLARKE, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT Lance Clarke proceeded with his presentation as mirrored in his staff memorandum. He informed the board of a typographical error on page 1 of his memorandum in the paragraph entitled BACKGROUND. Where it states BOCC Res. No. 124-2009 it should actually read 124.2004. Mr. Clarke said that staff is recommending approval because of the overall reduction and Mr. Bellock addressed the economic situation as the main problem, but told the board that as soon as he can sell the house that he and his wife are in, they will start building. Commissioner Newman said that he appreciates his honesty, but it doesn't work for him. He said that the benefits that have already incurred were based on the previous permit. For an extension of vesting, you can't bring what you've done for a community benefit forward because that was due to the original approval. Commissioner Richards agreed that if, by allowing this to expire and the new Code came into play, it would create an opportunity to either use up TDRs to accomplish your current design then that's where she would be. But, it's not. That makes the decision for her. Commissioner Newman asked the rest of the board if approved, would they consider a 2-year extension rather than 3-years. He said he would not vote for a 3-year vesting. It appeared that the rest of the board would prefer the standard 3-years. Commissioner Richards moved to approve the Resolution Approving A Three Year Extension Of Vested Real Property Rights For The Bellock Stillwater Ranch Lot 4 Property. Commissioner Ittner seconded the motion. Motion passed 3 to 1 BOARD OF COUNTY COMMISSIONERS 20 REGULAR MEETING MARCH 14,2012 with Commissioner Ha�eld, Commissioner Richards, and Commissioner Ittner voting aye, Commissioner Newman voting nay and Commissioner Owsley not present. ADJOURNMENT: Commissioner Richards moved to adjourn the regular meeting at 7:00 PM. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioner Owsley not present. OPEN DISCUSSION: Before leaving the meeting room, Commissioner Newman reminded the board and Mr. Peacock about his request for discussion and motion to prepare a Resolution ask ACRA to withdraw their membership in the U.S. Chamber of Congress. Commissioner Ittner wants to weigh the pros and cons. Commissioner Hatfield supports Commissioner Newman's request. Commissioner Hatfield and Commissioner Richards want to plant the seed with staff on this request for discussion and possible resolution. BOARD OF COUNTY COMMISSIONERS 21 REGULAR MEETING MARCH 14,2012 r i Respectfully submitted, 1. / Alfa/ /l�_ i. need'. •ean rk tif the r. of County Commissioners i /AL l/ .. J-2nette Jones Clerk to the Boar/ of County Commissioners Jc ck atfield Vi., -Chair of the •ard of County Commissioners g\bocc\min utes\2012\reg\03142012 BOARD OF COUNTY COMMISSIONERS 22 REGULAR MEETING MARCH 14,2012