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HomeMy WebLinkAboutBOCC Packet 12192012 Minutes PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Rio Grande Meeting Room (Commissioner Ittner Not Present) WEDNESDAY. OCTOBER 24,2012 11:00 AM Pitkin County Cares Reception 12:00 Pitkin County Cares Awards ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Approval of Work Session Minutes of September 25 and October 2, Regular Meeting Minutes of October 10, 2012 2. Resolution Appointing Citizen Board Members, Charlotte Anderson CONSENT ACTIONS-lst Readings, Set for Public Hearing on November 14th 3. Resolution Accepting a Grant Offer from the Community Office for Resource Efficiency, Jack LVheeler CONSENT PUBLIC HEARING,2"d Readings 4. Ordinance Amending Title 9 (Roads and Public Places) of the Pitkin County Code by Adding a New Section 9.08 Titled Address Standards, Ginny Bultman, Bruce Romero, Cindy Houben(to be continued to November 14) 5. Ordinance Accepting a Conservation Easement and Conveyance of Climbing Areas on Red Butte Ranch Subdivision- Barb D'Autrechy 6. Ordinance Authorizing the Acquisition of the Kanan Parcel-Barb D'Autrechy 7. Ordinance Approving the Purchase of Columbines At Elk Run Unit 603 for the Pitkin County Employee Housing Inventory and Authorizing the Chair to Execute The Necessary Documents, John Redmond, Brian Pettet, Jon Peacock LAND USE CONSENT PUBLIC HEARING 1. WCCP 1 LLC, WCCP2 LLC, Compass for Lifelong Discovery PUB Master Plan Amendments, Amendment to BOCC Resolution No. 036-2008, Subdivision Exemption for Lot Line Adjustments, Activity Envelope Review, Minor Amendment to Development Permit, (Continued to 11/14/12), PH (PN 8/23/12), S. Wolff 2. WCCP1 LLC, WCCP2 LLC, Compass for Lifelong Discovery Rezoning, 2"d Reading, (Continued to 11/14/12), S. Wolff LAND USE PUBLIC HEARING 3. Anthes/Brown Constrained Site TDR, Designation to Historic Register& Historic Incentives, (Continued from 9/12/12), PH(PN 4/5/12), S Wolff LAND USE ACTIONS 4. Appeal of Stein Activity Envelope Review, S. Wolff 5. Le Chamonix Code Amendment, 2"d Reading, (Continued from 9/26/12), M. Kraemer 6. Le Chamonix Rezoning to RMF, 2"d Reading, (Continued from 9/26/12), M. Kraemer 7. Le Chamonix Conceptual Subdivision Submission/PUD, 2°d Reading, (Continued from 9/26/12), M. Kraemer BOCC OPEN DISCUSSION ADJOURN TO EXECUTIVE SESSION OCTOBER 25,2012 NWCCOG—Call In Meeting AGENDA IS SUBJECT TO CHANGE MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING OCTOBER 24. 2012 PLAZA ONE MEETING ROOM NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR OCTOBER 24, 2012. CALL TO ORDER: Chairman Michael Owsley called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael Owsley, Jack HatField, Rachel Richards, and George Newman COMMISSION MEMBERS ABSENT: Rob Ittner is on vacation PITKIN COUNTY CARE AWARDS: The following people and organizations were each given a Proclamation by BOCC Chairman Michael Owsley as part of the Pitkin County Care Awards for their volunteer work in Pitkin County: Marc Lipman, Aspen Elks Club Lodge #224, Dorothea Farris, Beth Meager, Aubrey Wolfe, Amy Gordon and Barry Gordon, Alexandre "Alex" Roy, Bobby Mason, Gail Mason, and Peggy Johnston ADDITIONS/DELETIONS TO THE AGENDA: There are no deletions to the agenda, but there is one addition. There wilt be an Executive Session added to the end of today's meeting. PUBLIC COMMENT: None. COMMISSIONER COMMENTS: Commissioner Richards, Commissioner HatField and Commissioner Newman all spoke about the upcoming election and how Colorado is a swing state. They urged everyone to either vote by mail, early vote from October 22 BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING OCTOBER 24,2012 through November 2 at the County Clerk's office or vote on Election Day at your polling place. CONSENT ACTIONS: MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OFSEPTEMBER 25, 2012 AND OCTOBER 2, 2012 AND REGULAR MEETING OF OCTOBER 10, 2012 — MOTIONS TO APPROVE STAFF• LYNDEE R. DEAN/JEANETTE JONES. CLERKS TO THE BOCC Due to various Commissioners being absent for some of the above meetings, the following motions were made. Commissioner Richards moved to approve the September 25, 2012 and October 2, 2012 Work Session minutes. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. Commissioner Hatfield moved to approve the October 10, 2012 Regular Meeting minutes. Commissioner Owsley seconded the motion. Motion passed with Commissioners Owsley, Hatfield, and Richards voting aye, Commissioner Newman abstaining and Commissioner Ittner not present. READING ON RESOLUTION APPOINTING CITIZEN BOARD MEMBERS — MOTION TO APPROVE STAFF• CHARLOTTE ANDERSON, EXECUTIVE ADMINISTRATIVE ASSISTANT The following citizens are being appointed: Steve Stunda, Housing Authority (regular) Peg McGavock Senior Services (regular-term #1) Laurie Moore Senior Services (regular-term #1) Commissioner Hatfield moved to approve the Resolution appointing Citizen Board Members as presented. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, HatField, Richards and Newman voting aye and Commissioner Ittner not present. CONSENT ACTION — 1ST READING, SET FOR PUBLIC HEARING ON NOVEMBER 14, 2012: FIRST READING ON RESOLUTION ACCEPTING A GRANT OFFER FROM THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY (CORE) — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO NOVEMBER 14, 2012 STAFF: JACK WHEELER, PITKIN COUNTY FACILITIES BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING OCTOBER 24,2012 County Manager, Jon Peacock proceeded with the presentation on this item in Jack Wheeler's absence. Mr. Peacock explained this item to board listing those projects for which the grant funds will be used. Commissioner Hatfield moved to approve the Resolution accepting a grant offer from the Community Office for Resource Efficiency (CORE) on first reading and set second reading and public hearing to November 14, 2012. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, HatField, Richards and Newman voting aye and Commissioner Ittner not present. CONSENT PUBLIC HEARINGS — 2"° READINGS: SECOND READING AND PUBLIC HEARING ON ORDINANCE AMENDING TITLE 9 (ROADS AND PUBLIC PLACES) OF THE PITKIN COUNTY CODE BY ADDING A NEW SECTION 9.08 TITLED ADDRESS STANDARDS — MOTION TO CONTINUE SECOND READING AND PUBLIC HEARINGTO NOVEMBER 14, 2012 STAFF: GINNY BULTMAN AND BRUCE ROMERO OF COMMUNICATIONS AND CINDY HOUBEN, COMMUNITY DEVELOPMENT Commissioner HatField moved to continue this Ordinance to November 14, 2012. Commissioner Richards seconded the motion. Chairman Owsley opened the hearing to public comment. There being none he closed the public hearing and called the question. Motion passed 4 to 0 with Commissioners Owsley, HatField, Richards and Newman voting aye and Commissioner Ittner not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE ACCEPTING A CONSERVATION EASEMENT AND CONVEYANCE OF CLIMBING AREAS ON RED BUTTE RANCH SUBDIVISION — MOTION TO APPROVE, WITH DIRECTION TO STAFF STAFF: BARB D'AUTRECHY, OPEN SPACE AND TRAILS Dale Will gave Barb D'Autrechy's presentation in her absence as shown in her Agenda Item Summary. DIRECTION TO STAFF - Commissioner Richards said that she realized that this is not necessarily something for Dale Will, but in terms of the larger rezoning she would love to have staff check in on how some of those other conditions of approval are being exercised. Two of things were one, re-vegetation of the sage brush area that was going to be restored as a natural area. And two, there was going to be an allowance to let some of the corner of the meadow next to Deer Hill begin to re-grow with native BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING OCTOBER 24,2012 vegetation so that there would be more of an access corridor and kind of a safety zone for the wildlife that use that area. Commissioner Owsley said that although he appreciates the Hurst gift on this, it didn't quite work right as the County had to wait three years after an approval to work out the arrangements to get it. He said that something is lacking in our approval process. He said that his preference would be to link these kinds of things to final approval that we give the applicant. In other words, these representations of easements shouldn't take three years to achieve. They should be done as soon as the applicant is willing to give them. Then, their application should become effective. It's an impediment if we don't get it done in an expedited manner. He said that he thinks it's incumbent upon the County to change their approval process when we get grants like this. He deeply appreciates it, but three years is too long to wait for this. Commissioner Newman moved to approve the Ordinance Accepting a Conservation Easement and Conveyance of Climbing Areas on Red Butte Ranch Subdivision. Commissioner Richards seconded the motion. Chairman Owsley the hearing to public comment. There being none he closed the public hearing and called the question. Motion passed 3 to 1 with Commissioners Newman, Richards, and Hatfield voting aye and Chairman Owsley voting nay, for reasons stated above, and Commissioner Ittner not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING THE ACQUISITION OF THE KANANPARCEL— MOTION TO APPROVE STAFF: BARB D'AUTRECHY. OPEN SPACE AND TRAILS Dale Will gave Barb D'Autrechy's presentation in her absence as shown in her Agenda Item Summary. The board had no further questions on this second reading. Chairman Owsley the hearing to public comment. There being none he closed the public hearing and asked for a motion. Commissioner Newman approved the �rdinance authorizing the acquisition of the Kanan Parcel. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE APPROVING THE PURCHASE OF COLUMBINES AT ELK RUN UNIT 603 FOR THE PITKIN COUNTY EMPLOYEE HOUSING INVENTORY AND AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS — MOTION TO APPROVE BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING OCTOBER 24,2012 STAFF: BRIAN PETTET, PUBLIC WORKS DIRECTOR; JOHN REDMOND, FINANCE DIRECTOR; AND JON PEACOCK, COUNTY MANAGER County Manager, Jon Peacock gave the board the presentation on this item in John Redmond and Brian Pettet's absence as outlined in the Agenda Item Summary. The following questions from the board at first reading were responded to as follows: QUESTION -What is the number of parking places? ANSWER - There are two assigned parking spaces. (There is a discrepancy on this between the contract and the memo. They have confirmed this now to be two and there will be an amendment made to the contract). QUESTION — Use of the property ANSWER - Mr. Peacock said that there has been time set aside on the Work Session on November 7, 2012 to discuss this issue. Staff's recommendations are that we will continue to recommend the policy that the fund will be used both to support housing for the community as well as housing for County employees in the organization. Mr. Peacock stated that the County is currently in the process of various stages of negotiations on three properties, this being the first of the three. Two are in Basalt and one is in the UGB (Urban Growth Boundary) of Aspen. Commissioner HatField moved to approve the Ordinance Approving the Purchase of Columbines at Elk Run Unit 603 for the Pitkin County Employee Housing Inventory and Authorizing the Chair to Execute the Necessary Documents. Commissioner Richards seconded the motion. Chairman Owsley opened the hearing to public comment. Michael Stern is an Elk Run resident in an adjoining complex. He asked if the County had done their diligence yet on the Association matters and looked at the rules. Mr. Peacock replied yes and gave Mr. Stern further information on what the County has reviewed. Mr. Stern said that he thinks it is the concern of the owners in that complex and owners in his complex that the County will turn these into Pitkin County flop houses. This is a ski town and there's a long history of that, he said. He reminded the board that this is destined to be single family units. Mr. Peacock said that when this is put into the rental pool, the County will be honoring the HOA guidelines themselves. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING OCTOBER 24,2012 Further concerns of Mr. Stern's were answered by Mr. Peacock. Chairman Owsley closed the public hearing. Commissioner Newman responded to remarks made by Mr. Stern during public comment. He said, with all due respect he would not characterize this purchase or any purchases that APCHA is involved with as flop houses. These are units that need to be purchased, rented out, sold, to continue to enable us to have a work force in the upper valley. Chairman Owsley informed Mr. Stern that if he has any concerns or questions about County business he does not have to wait until public comment is opened. He can feel free to contact County staff or the County Commissioners themselves. Chairman Owsley called the question to approve. Motion passed 4 to 0 with Commissioners Owsley, HatField, Richards and Newman voting aye and Commissioner Ittner not present. LAND USE CONSENT PUBLIC HEARINGS: CONTINUED READING AND PUBLIC HEARING ON RESOLUTION GRANTING APPROVAL TO COMPASS. WCCP1 LLC AND WCCP2 LLC FOR AN AMENDMENT TO THE COMPASS AND ASPEN COMMUNITY SCHOOL PUB (PUBLIC) MASTER PLAN: AMENDMENTS TO THE ACTIVITY ENVELOPES ON COMPASS PARCELS 1 AND 2; AN AMENDMENT TO RESOLUTION NO. 036-2008; SUBDIVISION EXEMPTION FOR LOT LINE ADJUSTMENTS: AND EXTENSION OF VESTED RIGHTS — MOTION TO CONTINUE TO NOVEMBER 14, 2012 STAFF: SUZANNE WOLFF, SENIOR PLANNER AND SECOND READING AND PUBLIC HEARING ON ORDINANCE REZONING A PORTION OF THE COMPASS SCHOOL PARCEL FROM PUBLIC (PUB) TO RS-20 AND A PORTION OF PARCEL 2, COMPASS SUBDIVISION EXEMPTION, FROM RS- 20 TO PUBLIC (PUB) — MOTION TO CONTINUE TO NOVEMBER 14, 2012 STAFF: SUZANNE WOLFF, SENIOR PLANNER APPLICANTS: COMPASS, WCCP1 LLC and WCCP2 LLC REPRESENTATIVE: Jim Curtis SUMMARY OF REQUEST: The applicant is requesting to amend the approvals granted pursuant to BOCC Resolution Nos. 128-2005 and 036-2008 as follows: • Amend the property lines to add 9.8 acres from the School Parcel to Parcel 1, and 0.1 acres from Parcel 2 to the School Parcel. � BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING OCTOBER 24,2012 .__. ..... . .. . ...... ..._. __._,,sriYAWWW .. ..;. ...�.....w . ..a.«... . .. . • Rezone the land added to Parcel 1 back to RS-20 from PUB, and the land added to the School Parcel from RS-20 to PUB. • Amend the PUB Master Plan for the School Parcel to reflect the amended School Parcel boundary. The resulting School Parcel will contain 20+ acres. • Increase the size of the Activity Envelopes on Parcels 1 and 2, and create pond and landscaping envelopes on Parcels 1 and 2. • Increase the maximum floor area for Parcels 1 and 2 from 7,500 to 8,250 square feet. • Amend the road corridor that serves Parcels 1 and 2 and the adjoining Apogee Associates. • Amend the School Parcel Activity Envelope to accommodate a future realignment of the main road to lessen the grade. • Obtain a 3 year vested rights extension for Parcels 1 and 2 (extend from April 9, 2013 to April 9, 2016). • Amend BOCC Resolution No. 128-2005: (1) To defer the requirement to house 4 employees on-site until such time as a new school is constructed; and (2) To extend the deadline for commencement of construction of the improvements to the intersection of the driveway with Woody Creek Road and the septic system to December 31, 2013. The current deadline is within one year of the sale of the first free market lot, which occurred July 29, 2011. The Planning Commission considered the application on August 14, 2012, and recommended approval by a vote of 5-0. Commissioner Richards moved to continue both the Resolution and the rezoning Ordinance on the above titled items to November 14, 2012. Commissioner Hatfield seconded the motion. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing and called the question to continue. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. LAND USE PUBLIC HEARING: CONTINUED READING AND PUBLIC HEARING ON RESOLUTION DESIGNATING THE ANTHES/BROWN PROPERTY TO THE PITKIN COUNTY HISTORIC REGISTER AND GRANTING TWO TDRS AS AN INCENTIVE FOR THE DESIGNATION — . MOTION TO APPROVE, AS AMENDED STAFF: SUZANNE WOLFF. SENIOR PLANNER � NOTE: Originally this Resolution was entitled Denying Two Constrained Site TDRs for Parcel 7 of Section 36 to David Brown and Jody Anthes. APPLICANTS: David Brown and Jody Anthes REPRESENTATIVE: Mitch Haas BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING OCTOBER 24,2012 SUMMARY OF REQUEST: The applicants are seeking to have the parcel deemed a constrained site based on the archaeological resources identified on the property, and to obtain two TDRs in exchange for severing all future development rights. In addition, the applicant agreed to designate the parcel to the Historic Register as an archaeological site, if two TDRs are granted. The BOCC continued hearings on May 9, June 27, July 11, August 8 and September 12, and conducted a site visit on June 7. Staff from the Archaeological Conservancy, Assistant State Archeologist Kevin Black and Lisa Hancock with the Aspen Historical Society visited the site on August 2 with Dale Will and Paul Holsinger from Pitkin County Open Space and Trails. The Archaeological Conservancy has prepared a draft management plan for the site. It is attached to the staff packet material. Also present for this item were Dale Will, Director of County Open Space and Trails and Chris Seldin, Assistant County Attorney. Commissioner Newman had questions on the Management Plan for which Dale Will responded. They were: • Does the Archaeological Conservancy have any grants or funds they can utilize for protection of some of these types of sites — He did pursue that. The Conservancy is a non-profit 501 C.3.and have locations around the country with the closest one in Albuquerque. They fund efforts through capital campaigns similar to what the County did for Mountain Park. They have two of those in Colorado. One for a petro glyph site in Montrose and one for preservation for a Paleo Indian village near Pueblo. They are not in a position to focus on this site in the near term, but they may be able to raise some money a year from now. • Who is the Land Manager— Based on his conversations with the Conservancy, he thinks we're looking at a partnership there. We can't train ourselves to become as expert in this type of resource as they already are. • How will it be coordinated and available to the public — Some of these details are not yet done and the decision Ms. Wolff and Mr. Will made to recommend conceptual approval with ultimate conveyance of the TDRs tied to identifying all of the details that you just described, and a lot more as well. Knowing that the basic financing is availabte gives us the incentive to solve those problems and we certainly want to come back to the board and make sure that the solutions we work out with Mr. Brown and the non-profit partner are acceptable. • There was talk of needing fencing and an erosion engineer to BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING OCTOBER 24,2012 look at this. Who will be paying for this — He hasn't completed those discussions. They've touched on it briefly with Mr. Brown, but they haven't tried to reduce every one of those things to an agreement. On the fencing, particularly, the Conservancy's view is that you have to have some sort of a boundary delineated so that anyone who is tempted to trespass has to do that deliberately and knowingly, but no one is thinking that we can use a fence to stop someone who has those intentions. We just want everyone to know what areas the public should not be in. Commissioner Richards had the following concern: • Using 5 string barbed wire fencing — is this in line with our Wildlife Fencing Code? If not, she wants to make sure that whatever comes forward passes those other wildlife and habitat standards as well. Commissioner Hatfield's questions: • The County has no experience with sharing funds on an archaeological site. Is it something in general that the County Attorney's office would feel we could proceed with and spend public money to manage this site — Chris Seldin said yes, with Open Space funds. • Who will be responsible for installing the perimeter gates and the locks — Mr. Will said that again, he doesn't have a specific answer for that. He will have a much better answer to his question prior to us asking for the certification of these TDRs and the board's acceptance of the Conservation Easement. DIRECTION TO STAFF — Commissioner Richards would like staff to look at some initial photo documentation of what is on the surface now. David Brown, applicant and Mitch Hass, his representative, thanked Suzanne Wolff and Dale Will and everyone who has helped in the process all the way. Mr. Brown said that he would like to be part of the Committee that will be formed. With regard to the barb wire fencing, he proposes what looks like a 3 rail cedar fence that's compatible with wildlife. There needs to be defined exact boundaries of the site. Till that's done, he is guessing that the fencing could cost between $10,000 and $20,000.00. They have incurred a lot of expense thus far, he said, into the purchase price of the property and a loan coming due in a year. He would like help with the initial costs and asked the board if they could issue one of the two TDRs now in order to put it on the market and recoup some of their costs. Commissioner Richards said that she looks at two TDRs as being the financial support of the preservation of this site. She doesn't see Pitkin County having a role in fulfilling the terms of the Conservation Easement in terms of assisting in the cost of the fence. She does not support this request for an initial TDR. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING OCTOBER 24,2012 Dale Will said that he has ways of seeking help and will find help for what is needed. Commissioner Newman and Commissioner HatField will not support an initial TDR as requested by Mr. Brown. Chairman Owsley stated for the record that there will be NO preliminary TDR, as requested by the applicant. QUESTIONS ON CONDITION 4 IN THE DRAFT RESOLUTION - Commissioner Hatfield questioned condition 4 in the draft Resolution where the sentence reads, prior to conveyance of the Conservation Easement the applicant may be required to provide the County with a current title policy to the property and baseline documentation for the property. He questions the word MAY and the mechanics of how this works and he questions baseline documentation. NOTE: Dale Will said that there is a County Policy that gives the County Attorney some discretion in deciding what level of due diligences will be required on a given conveyance. He said that he has never seen the County Attorney once not require a title policy. He said that baseline documentation is a term in the Conservation Easement world that generally describes a process like what Commissioner Richards suggested where you photo document the condition of the property on the date of the conveyance of the Conservation Easement. DIRECTION TO STAFF — Commissioner Richards wanted to follow up on Commissioner Hatfield's concerns about the weather and how quickly it could snow and whether that snow will stick. If the issuance of the TDRs is premised on the completion of the Management Plan and the Conservation Easement and that meets the baseline information and is buried under snow, she would hate to see this delay the activity until April time wise CHANGES TO CONDITION NUMBER 3 IN DRAFT RESOLUTION — Chris Seldin had several changes to this condition as follows: ✓ The second sentence shall be changed to show the word MUST where the word SHALL now is shown. ✓ The third sentence shall be changed to show the word MUST where the word SHALL now is shown. ✓ Commissioner Newman asked for a change in this condition also. He would like that sentence to read, The Conservation Easement and Cultural Resource Management Plan must be reviewed and recommended for approval by the Open Space and Trails Director, the County Attorney and the Board of the County Commissioners. NOTE: Chris Seldin informed Commissioner Newman that because the second sentence clearly covers the BOCC's approval authority of the Conservation Easement and to the extent that the Cultural Resource Management Plan is incorporated into and made a part of the easement, then it is therefore subject to the BOCC's approval pursuant to the last sentence as well. BOARD OF COUNTY COMMISSIONERS 1 O REGULAR MEETING OCTOBER 24,2012 ✓ Commissioner Hatfield requested the following word change in the second sentence. With some word smithing from Chris Seldin, the second sentence will read, The Conservation Easement and Cultural Resource Management Plan must be reviewed and recommended for approval by the Open Space and Trails Director and the County Attorney, and must be finally approved by the BOCC by Ordinance. He would eliminate the grant of easement final sentence in condition 3 so that it runs all in one sentence as to the steps. THE BOARD WAS IN AGREEMENT WITH THESE CHANGES AND SO CHRIS SELDIN MADE SAID CHANGES BEFORE HANDING OFF TO SUZANNE WOLFF. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing. Commissioner Richards moved to approve the Resolution Designating the Anthes/Brown Property to the Pitkin County Historic Register and Granting two TDRs as an Incentive for the Designation. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. LAND USE ACTIONS: READING ON RESOLUTION DENYING AN APPEAL OF ADMINISTRATIVE DECISION NO. 55-2012 BY THE GERALD S STEIN, M.D. REVOCABLE TRUST— MOTION TO DENY THE APPEAL. WITH DIRECTION TO STAFF TO WORK ON A CODE AMENDMENT STAFF: SUZANNE WOLFF, SENIOR PLANNER APPLICANTS: Gerald S. Stein REPRESENTATIVE: Alan Richman, Jody Edwards SUMMARY OF REQUEST: The applicant is appealing Administrative Decision No. 55-2012, which granted approval of an Activity Envelope that complies with the 100' setback from the high water line of the Roaring Fork River and Snowmass Creek. The applicant asserts that the Community Development Director erred in the Decision and that a 50' setback should be approved. The grounds for the appeal are presented in the notice of appeal dated August 20, 2012; staff's packet material also includes pertinent information from the original application and the recorded Administrative Decision. Ms. Wolff began her presentation to the board as outlined in her staff memorandum. Commissioner Newman asked Chris Seldin, Assistant County Attorney, to explain the choices the board has on this appeal. Their choices are: that a clear and demonstrable error has occurred; that there was an abuse of discretion, or that there was denial of BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING OCTOBER 24,2012 procedure due process in the application of the facts in the record to the standards of this Land Use Code. DIRECTION TO STAFF — Commissioner Richards would like the board's choices on an appeal to be clearly shown in staff's memorandum: Ms. Wolff responded to questions from the board to their satisfaction. Alan Richman proceeded with his presentation by walking the board through this appeal as outlined in his August 20, 2012 Letter of Appeal to Suzanne Wolff. The applicant believes that imposing condition #3 in Administrative Decision 55-2012 represents a clear and demonstrable error. After Mr. Richman's presentation, Commissioner Hatfield asked staff if the board could consider this under historic qualifications. Ms. Wolff responded by saying that staff does not feel that the incentives provide that discretion, to give an incentive of a reduction of a stream setback. She said staff would recommend the board deny the appeal and if the board wanted to the Code could be amended such that the board could take this into consideration. You either allow it as a possible incentive under the historic preservation or where essentially the constraints - - where staff limits your ability to use the reduction in the setback that you could somehow add in the possibility of looking at that if there is a constrained of an historic resource in addition to the stream setback. Commissioner HatField asked if it is staff's opinion that this cabin is not of enough historical significant to create an incentive to allow the board to jump forward through the hoop of no developable site? Staff does not believe that the cabin is enough of an incentive. Jody Edwards, legal counsel for the applicant, suggested the following path to the board. Instead of denial, he would prefer to table this and allow discussion of a Code Amendment with staff. Perhaps the Code could look at properties on a property by property basis and maybe the Code Amendment should say something like the applicant could provide a community benefit that is significant. He said that he thinks saving that cabin could be significant. Mr. Richman responded on behalf of the applicant. He said that they had hoped the board would have granted the historic preservation incentive that the board thought was right. He was not in support of the 100' setback in 2006 knowing that there are a lot of smatl, older properties along the river that would have a hard time complying with this. He said that he thinks the answer might be giving the board more discretion in the Historic Preservation section. There are about five things the board could be authorized to do. He thinks that section of the Code is less problematic to work with and his client BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING OCTOBER 24,2012 would get a more direct solution to the problem. His client would work with staff on a Code Amendment, he said. Chairman Owsley asked if the applicant wants a continuation. Mr. Richman said yes, with the understanding that he would pursue a Code Amendment with staff. Chairman Owsley asked Chris Seldin is this were a continuation, it would still be a continuation of an appeal. So, what would be the outcome of that, he asked. Mr. Seldin said that an intervening statutory change when a case is on appeal can be used to move an appeal, in some cases. He said he thinks we would take a look at whether or not this would be the case here. He stated that a tabling of the application of this appeal is not necessarily improper. Chairman Owsley said that he would be in favor of denying the appeal today as the applicant has not addressed the appeal standards which are: a clear and demonstrable error has occurred; that there was an abuse of discretion, or that there was denial of procedure due process in the application of the facts in the record to the standards of this Land Use Code. Commissioner Richards said that perhaps an appropriate place to make a change could be in the Historic Preservation Code. And, should that be passed by Planning and Zoning and the BOCC, the applicant could withdraw his appeal request. Commissioner Newman does not see a clear and demonstrable error and thinks this should be denied and that the board may have to look at a Code Amendment. Commissioner Hatfield said that the key here is timing. If we are committed to doing an amendment, he tends to agree with Commissioner Richards' about the historic versus riparian but I'd rather throw it back to staff and ask what the best path is. Chris Seldin said that under the Code as it currently exists, he doesn't see a way to approve the appeal and he hasn't heard the applicant make any arguments that there is a mechanism in the Code that would allow you to approve the appeal. With regard to the question of tabling the application while a Code Amendment moves forward, he said that he heard that proposal from Jody (Edwards) and then heard it retracted by Alan (Richman) and he doesn't know if that proposal is before the board or not. To the extent that it is, he said, a statutory change can mute an appeal under certain circumstances, but typically an appeal is decided on the Code that is in place at the time the application is submitted. If a Code Amendment were to be processed, that would not be a ground for granting the appeal subsequently based on the statutory amendment. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING OCTOBER 24,2012 Chairman Owsley asked the applicant's representatives if the applicant wished to withdraw. On behalf of the applicant, Mr. Richman responded by saying no. He added that it is , more significant to the applicant that the board members are saying to the staff that they want to work on a solution to the problem than it is whether the appeal is denied, withdrawn or tabled. Commissioner Newman moved to deny the appeal based on not seeing a clear and demonstrable error. He directed staff to work on Code Amendments regarding the 100 foot setback with regard to historic resources. Commissioner HatField seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. CONTINUED SECOND READING ON ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS — MOTION TO APPROVE STAFF: MIKE KRAEMER. PLANNER AND CONTINUED SECOND READING ON ORDINANCE REZONING THE LE CHAMONIX MULTI-FAMILY HOUSING COMPLEX, UNITS 1 THROUGH 12, FROM AR-10 TO RMF - MOTION TO APPROVE STAFF: MIKE KRAEMER. PLANNER AND CONTINUED SECOND READING ON RESOLUTION GRANTING CONCEPTUAL SUBDIVISION AND PLANNED UNIT DEVELOPMENT APPROVAL FOR LE CHAMONIX MULTI-FAMILY HOUSING COMPLEX, UNITS 1 THROUGH 12 - MOTION TO APPROVE. WITH DIRECTION FOR ADMINISTRATIVE CORRECTION TO PUD GUIDE, ITEM G. MAXIMUM FLOOR AREA FOR UNIT 1 AND UNIT 12 AND FURTHER ADMINISTRATIVE ADDITION OF LE CHAMONIX A/K/A LE CHAMONIX ASSOCIATION INCORPORATED, IF NEEDED STAFF: MIKE KRAEMER. PLANNER APPLICANT: Le Chamonix Homeowners Association REPRESENTATIVE: Davis Horn, Inc. (Glenn Horn) SUMMARY OF REQUEST: The applicant is requesting to amend the Land Use Code to create a new multi-family zone district called the Residential Multi-Family (RMF) zone district and to rezone the Le Chamonix multi-family housing complex to RMF. Even though Le Chamonix is proposed to be governed by this new zone district, BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING OCTOBER 24,2012 the structure will not comply with the established setbacks from roads and lot lines. In effort to attain a conforming status, the Applicant also requests Planned Unit Development (PUD) approval to vary these setbacks. The Code requires that with any PUD request, Conceptual Subdivision review shall also apply, though no land is being subdivided. This request necessitates drafting a formal resolution for the Conceptual Subdivision and PUD request, an ordinance for the requested Code Amendment to create the RMF zone district, and an ordinance to rezone Le Chamonix to the newly created RMF zone district. Staff has drafted one memorandum for the BOCC that addresses these items collectively. Mr. Kraemer gave his presentation that encompasses all three Le Chamonix documents as outlined in his staff memorandum Commissioner Hatfield asked if there would be reflections to the Highlands area if solar panels were used. Mr. Kraemer responded by saying he doesn't know if there would be any reflections in the Highlands area or not. But, the Code is written as recently adopted in 2009, he said, and there is a certain size panel that is less than a certain square footage can go right to building permit and the larger one goes into review through Community Development. That is how this would be applied to the RMF zone district. If there is something that the board desired in addition to that we could discuss that. Commissioner Richards wanted to clarify that the final PUD, the detailed Final Plat and PUD would be forthcoming later, she asked. Mr. Kraemer said that it is at the applicant's discretion. Commissioner Richards continued by clarifying that the new zone district that this would potentially be zoned to would legitimize the basement space, allow those without basement space to construct basement space, but it does nothing else. So, the zone district itself does not now offer variations for the parking situation or the setback from the road and that's what would be addressed and approved and supported or not in the PUD application? Lance Clarke stated, yes, you are correct. Glenn Horn, applicant's representative began his presentation on this item. Seated with him was Rick Jones, President of the Le Chamonix HOA. REQUEST TO THE BOARD FOR TITLE CHANGE OF DOCUMENTS - Mr. Horn informed the board that he would like the following name reflected in the Resolution of approval: Le Chamonix Association Incorporated. BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING OCTOBER 24,2012 ,�,�.. Commissioner HatField asked if it is known what size the basements would be for those units that would have the potential to add them. He would like Glenn Horn to answer that. Mr. Horn directed Commissioner Hatfield to the draft of the Le Chamonix Association Incorporated Planned Unit Development Guide, page 3, item I. Expansion of Dwelling Units as shown in staff's packet material. It shows the square footage of the units that have a crawl space that could be expanded to a basement space. Mr. Horn explained that the main reason they have a PUD Guide is so that there's only one document that you can go to. Mr. Horn explained that there could be other expansion that could take place outside the footprint of these structures, whether it be a deck or pushing out the front a little bit or going up. He discussed this with Rick Jones and they thought it would be great to come up with that plan, but they don't think iYs going to happen right now with 12 different individuals as it is such a big task to get everyone to agree on something. Their current thinking is that that's probably going to occur, if at all, in the future as a PUD Amendment. It's not precluded, but it's not entitled by this proposal that they have. Mr. Horn addressed Commissioner Hatfield's question on solar panels. He said that it's a flat roof all the way across. He said if you have a strong feeling about solar panels it could be addressed in the PUD Guide because you can use that to make things more restrictive or to vary some of the requirements. AMENDMENT TO PUD DEVELOPMENT GUIDE RE: MAXIMUM FLOOR AREA - Mr. Horn noted an error he made on page 9 of the PUD Development Guide. It deals with Item G, Maximum Floor Area. He said that units 2 through 12 are each going to be 2,855 square feet maximum floor area. But, unit 1 and unit 12 are already over that. In Attachment 6 of the application was the first draft of the PUD Guide and in recreating the second draft he forgot to carry over the floor area limitations for unit 1 and unit 12 which are a little different to reflect the existing size. Unit 1 is actually 3,174 for living space and 379 square feet for the garage. Unit 12 is actually 2,855 for living space and 461 square feet for the garage. He would like that to be incorporated in the PUD Guide as the limitation for units 1 and 12 as they are different from units 2 through 11 (from the origin). A discussion started on solar panel use. Commissioner Richards said that she doesn't see creating a separate or different solar ordinance or sub-section of the solar ordinance. She doesn't know if staff feels our current solar ordinance is inadequate in some way in terms of single family homes versus residential multi-family. She doesn't know if the existing ordinance is silent on this matter or not of a multi-family versus single family. BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING OCTbBER 24,2012 Mr. Kraemer informed Commissioner Richards that there is no distinction between single family and multi-family in the solar code. But, he added, staff would treat it as the same standards that apply to a single family residence. If you go over 400 square feet you're going to do the noticing and have the review. If not, then it will go through the building permit process. NOTE: Mr. Horn suggested putting a section in their PUD Guide that states, if solar panels are installed there will be a plan for the entire condominium complex. It won't be on a unit by unit basis so there would be a full plat for the condominiums. Commissioner Hatfield said that would work for him as this is multi-family and it's different than any of the challenges that we've seen in single family. Why not have a plan and the PUD Guide doesn't reflect on changing the Code? Commissioner Richards is not at all comfortable with that approach. She said that she thinks the State legislature passed laws that homeowner associations cannot ban solar panels within communities as so many neighborhoods were saying, no, not us, we don't want those. It was an inhibitor to solar energy development. Chairman Owsley said that he thinks the environmental surroundings cancel out solar panel uses being of any benefit there. Chairman Owsley asked Chris Seldin about the Affordable Housing Impact Fees as shown on page 2 of staff's memorandum. He said that it shows a difference for local and second homes. He asked if that wasn't a violation of equal protection to have a different fee structure based on where you live. Mr. Seldin said no. This is consistent with the Affordable Housing Impact Fee Ordinance which is codified in the Land Use Code. And that Ordinance, in our opinion he said, is constitutional. Commissioner Richards moved to approve the Resolution Granting Conceptual Subdivision and Planned Unit Development Approval for Le Chamonix Multi- Family Housing Complex, Units 1 through 12. (NOTE: Includes Administrative correction to the PUD Guide, Item G. Maximum Floor Area for Unit 1 and Unit 12 as shown above in minutes AND Administrative correction, if needed, to show A/K/A Le Chamonix Association Incorporated based on remarks from Chris Seldin). Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. Commissioner Richards moved to approve the Ordinance Amending Title 8 of the Pitkin County Code, specifically the 2006 Land Use Code for Land Use Code Text Amendments. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. BOARD OF COUNTY COMMISSIONERS 17 REGULAR MEETING OCTOBER 24,2012 Commissioner Newman moved to approve the Ordinance Rezoning the Le Chamonix Multi-Family Housing Complex, Units 1 through 12, from AR-10 to RMF. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Ittner not Commissioners Owsley, Hatfield, Richards and Newman voting aye and present. BOCC OPEN DISCUSSION: There was no open discussion. ADJOURNMENT: Commissioner Richards moved to enter Executive Session at 4:40 PM for discussion of personnel matters pursuant to CRS 24-6-402 4f. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Richards and Newman voting aye and Commissioner Ittner not present. BOARD OF COUNTY COMMISSIONERS 18 REGULAR MEETING OCTOBER 24,2012 Respectfully submitted, de . De n lerk o the Board of County Commissioners JeanetteJones Clerk to the Board of County Commissioners Michael M. Owsley Chair of the Board of County Commissioners g\bocc\m i n u tes�2012\reg\10242012 BOARD OF COUNTY COMMISSIONERS 19 REGULAR MEETING OCTOBER 24,2012 PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA RIQ GRANDE RQOM TUESDAY,NOVEMBER 27,2012 (CCI Conference November 26-28) (Commissioner Richards and County Manager Jon Peacock not present.) 9:30 AM SPECIAL MEETING—EXECUTIVE SESSION in Plaza 3 1. Negotiations CRS 24-6-402 (4)(e) Chris Seldin 2. Oil & Gas Discussion 3. Castle Creek Litigation 4. Emma Farms Litigation 5. Lenado Litigation 6. Snowmass Creek Road Litigation 7. Stewart Title Litigation C.R.S. 24-6-402 (4) (b) ADJOURN SPECIAL MEETING 12:00 NOON LUNCH BREAK 1:00 PM Citizen Board Interview—Jenny MacArthur, Healthy Rivers & Streams Jon Ely 1:15 Special Meeting—Abatement Hearings—Adjourn Special Meeting Larry Fite 2:15 BREAK 2:30 Memos of Interest • Komen Foundation Refund Request • 2013 Holiday Schedule • Funding Request from Roaring Fork Veterans History Project Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion 4:00 PM ADJOURN (P&Z Meeting starts at 5:00) AGENDA SUBJECT TO CHANGE MINUTES OF WORK SESSION Date: November 27,2012 Meeting Start Time: 1:00 PM Commissioners present: Commissioners not present: � Jack Hatfield ❑ Jack Hatfield � Rob Ittner ❑ Rob Ittner � George Newman ❑ George Newman � Michael Owsley ❑ Michael Owsley ❑ Rachel Richards � Rachel Richards WORK 5ESSION ITEM: Citizen Board Interview—Jenny MacArthur, Healthy Rivers & Streams, Jon Ely STAFF DIRECTTON: The Board interviewed Jenny MacArthur for a position on the Healthy Rivers and Streams board. Discussion followed. SPECIAL MEETING CONVENED at 1:15 PM for Abatement Hearings SPECIAL MEETING ADJOURNED at 3:25 PM and WORKSESSION RECONVENED WORK SESSION ITEM: Memos of Interest 1. Komen Foundation Refund Request of$1,644 - $649 of County fees approved 2. 2013 Holiday Schedule- approved 3. Funding Request from Roaring Fork Veterans History Project—postponed. The Board requested the history of the discretionary fund for 2011. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars STAFF DIRECTION: 1. Phylis Mattice alerted the Board of the possibility of the December 4 meeting being held in the Rio meeting room instead of Plaza One as scheduled. 2. Commissioner Newman commented on an Executive Session being added for Tuesday Dec 4thbased on the requested individual being able to attend. WORK SESSION ITEM: Open Discussion None Adjourned at 3:40 PM Prepared by: Respectfully submitted: � Phylis ttice, Assistant County Manager Janice K. Vos Caudill, Clerk and Recorder Michael M. Owsley, Chairman Board of County Commissioners 1 PITHIN COUNTY COMMISSIONERS WORK SESSION AGENDA RIO GRANDE ROOM TUESDAY,NOVEMBER 27,2012 (CCI Conference November 26-28) (Commissioner Richards and County Manager Jon Peacock not present.) 9:30 AM SPECIAL MEETING—EXECUTIVE SESSION in Plaza 3 1. Negotiations CRS 24-6-402 (4)(e) Chris Seldin 2. Oil & Gas Discussion 3. Castle Creek Litigation 4. Emma Farms Litigation 5. Lenado Litigation 6. Snowmass Creek Road Litigation 7. Stewart Title Litigation C.R.S. 24-6-402 (4) (b) ADJOURN SPECIAL MEETING ' 12:00 NOON LUNCH BREAK •00 PM Citizen Board Interview—Jenny MacArthur, Healthy Rivers & Streams Jon Ely 1:15 Special Meeting—Abatement Hearings—Adjourn Special Meeting Larry Fite 2:15 BREAK 2:30 Memos of Interest • Komen Foundation Refund Request • 2013 Holiday Schedule • Funding Request from Roaring Fork Veterans History Project Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion 4:00 PM ADJOURN (P&Z Meeting starts at 5:00) AGENDA SUBJECT TO CHANGE MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING NOVEMBER 27. 2012 (RIO GRANDE MEETING ROOM) NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR NOVEMBER 27, 2012. CALL TO ORDER: Chairman Michael Owsley called the Board of County Commissioners Special Meeting to order at 1:15 PM COUNTY COMMISSION MEMBERS PRESENT: Michael Owsley, Jack Hatfield, George Newman and Rob Ittner COMMISSION MEMBERS ABSENT: Commissioner Richards was attending the CCI Winter Conference Commissioner Hatfield moved to enter the Special Meeting. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF TAXES (2011) FOR CHRISTOPHER GUIFFRIDA - MOTION TO UPHOLD THE ASSESSOR'S RECOMMENDATION AND APPROVE THE ABATEMENT BASED ON AN ADJUSTED VALUE OF $260,000.00 STAFF: STEVE MILLER, DEPUTY ASSESSOR Steve Miller from the Assessor's office gave his presentation. After questions were answered to the board's satisfaction, Mr. Guiffrida gave his own presentation. Based on the 2012 adjustment at the CBOE level of appeal, the Assessor's Office is recommending that the same adjusted value be applied to 2011, the first year of the two year cycle. Mr. Guiffrida was not satisfied with the $260,000.00 adjusted value and is still requesting further adjustment for tax year 2011. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING NOVEMBER 27,2012 Commissioner Newman moved to uphold the recommendation of the Assessor and approve the abatement based on an adjusted value of$260,000.00. Chairman Owsley seconded the motion. Motion passed 3-1 with Commissioners Owsley, Newman and Ittner voting aye, Commissioner Hatfield voting nay, and Commissioner Richards not present. RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF TAXES (2011) FOR JUSTINE R. KIRK— MOTION TO APPROVE AN ASSESSED VALUE OF $4,500,000.00. STAFF: WENDY SCHULTZ. DEPUTY ASSESSOR Ms. Schultz of the Assessor's office gave her presentation as outlined in the second page of staff's Agenda Item Summary. Ms. Kirk submitted documents and pictures of her for the record. A copy of those documents is attached to staff's packet material. Ms. Kirk then went on to do her own presentation referring to her submitted documents. Mike Kraemer, planner with Community Development, was present to answer questions from the board on what's allowab{e on this fot. Further discussion ensued. Commissioner HatField said that he thinks the land value has less value because of elements that he has been shown here today and because of his familiarity with this neighborhood. Therefore, he made the following motion. Commissioner Hatfiefd moved to value the property, including land and improvements, at$4,250,000.00. Commissioner Ittner seconded the motion. Motion FA{LED 2-2 with Commissioner HatField and Commissioner Ittner voting aye and Commissioner Owsley and Commissioner Newman voting nay and Commissioner Richards not present. A new motion was then made. Commissioner Newman moved to approve an assessed vafue of$4,500,000.00. Commissioner Ittner seconded the motion. Motion PASSED 3-1 with Commissioner Newman, Commissioner Ittner and Commissioner Owsfey voting aye and Commissioner Hatfie{d voting nay and Commissioner Richards not present. ADJOURNMENT: BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING NOVEMBER 27,2012 Commissioner HatField moved to adjourn the Special Meeting at 3:13 PM. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioners Owsfey, HatField, Newman, and Ittner voting aye and Commissioner Richards not present. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING NOVEMBER 27,2012 Respectfully submitted, ee . Dean Clerk to he Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chair of the Board of County Commissioners g\bocc\minutes�2012\spec\11272012 BOARD OF COUNTY COMMISSIONERS 4 SPEC[AL MEETING NOVEMBER 27,2012 PITHIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA RIO GRANDE MEETING R()C}M WEDNESDAY,NOVEMBER 28,2012 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of Work Session of November 7, 2012 and Regular Meeting of November 14, 2012 CONSENT ACTIONS- lst Readin�s, Set for Public Hearin� on December Sth l. Resolution to Enter into an Intergovernmental Agreement with Snowmass Water and Sanitation District for Maintenance and Repair to the District's Vehicles, Chris Bull 2. Resolution to Enter into an Intergovernmental Agreement with Aspen Fire Protection District for Maintenance and Repair and Supply of Fuels to the District's Vehicles, Chris Bull CONSENT PUBLIC HEARING, 2nd Readin�s 3. Resolution Setting Initial Airport Fees and Charges for 2013, Jim Elwood& Tom Oken 4. Ordinance Approving the Purchase of Columbines at Elk Run Unit 104 for the Pitkin County Employee Housing Inventory and Authorizing the Chair to Execute the Necessary Documents, Jon Peacock, Brian Pettet& John Redmond LAND USE CONSENT PUBLIC HEARINGS L Inn at Aspen-T Mobile-Special Review for Renewal of a Cell Tower Site, (Continued to 12/19/12), PH (PN 10/25/12), M. Kraemer 2. Nakagawa-Annual Review, (Continued to 12/19/12), PH (PN 10/25/12), M. Kraemer LAND USE PUBLIC HEARINGS 3. Land Use Code Amendment-Accessibility. PH (10/25/12), J. Schaffner LAND USE ACTIONS 4. Davis Amendment to Eliminate Dog Prohibition, S. Wolff BOCC OPEN DISCUSSION ADJOURN NOVEMBER 26-28,2012 CCI Winter Conference, Colorado Springs AGENDA SUBJECT TO CHANGE MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 28, 2012 RIO GRANDE MEETING ROOM NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR NOVEMBER 28, 2012. CALL TO ORDER: Chairman Michael Owsley called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael Owsley, Jack HatField, George Newman and Rob Ittner COMMISSION MEMBERS ABSENT: Commissioner Rachel Richards was attending the CCI Winter Conference ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENT: Jim Curtis approached the board regarding the application from COMPASS and the Aspen Community School to the Colorado Department of Public Health and Environment for Wastewater System Permits. Mr. Curtis asked the Commissioners if they would sign a letter he prepared for them on their letterhead stationery, or have a different letter prepared by staff, asking the State for any assistance they could provide in issuing the necessary permits to construct this system by March 1, 2013. A copy of Mr. Curtis' draft letter is attached to today's packet material as an Additional Exhibit. Chairman Owsley informed Mr. Curtis that the board would discuss his request. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING NOVEMBER 28,2012 COMMISSIONER COMMENTS: Commissioner Newman spoke about this Friday's event at the Wheeler Opera House. Renowned photographer John Fielder will be giving a slide presentation starting at 7:00 PM in celebration of 20 years of the Great Outdoors Colorado (GOCO) program. He visited and photographed all of the recipients of GOCO's grants over the last 20 years or so from ranch conservations to open space purchases and trails. CONSENT ACTIONS: MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF_NOVEMBER 7, 2012 AND REGULAR MEETING OF NOVEMBER 14 2012 — MOTION TO APPROVE STAFF: LYNDEE R._DEAN/JEANETTE JONES. CLERKS TO THE BOCC Commissioner Ittner moved to approve the Work Session minutes of November 7, 2012 and the Regular Meeting minutes of November 14, 2012. Commissioner Newman seconded the motion. Motion passed with Commissioners Owsley, Newman and Ittner voting aye and Commissioner Richards not present. Commissioner HatField voted aye for the meeting he attended which was the November 14, 2012 Regular Meeting. He did not attend the November 7, 2012 Work Session and therefore abstained from voting on those minutes. CONSENT ACTIONS-1St READINGS, SET FOR PUBLIC HEARING ON DECEMBER 5, 2012: FIRST READING ON RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH SNOWMASS WATER AND SANITATION DISTRICT FOR MAINTENANCE AND REPAIR TO THE DISTRICT'S VEHICLES — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 5. 2012 STAFF: CHRISTOPHER BULL. FLEET MANAGER Commissioner HatField moved to approve the Resolution to enter into an Intergovernmental Agreement with Snowmass Water and Sanitation District for maintenance and repair to the District's vehicles on first reading and set second reading and public hearing to December 5, 2012. Commissioner Ittner seconded the motion. Motion passed with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. FIRST READING ON RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ASPEN FIRE PROTECTION DISTRICT FOR MAINTENANCE AND REPAIR AND SUPPLY OF FUELS TO THE DISTRICT'S VEHICLES — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 5. 2012 STAFF: CHRISTOPHER BULL, FLEET MANAGER BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING NOVEMBER 28,2012 Commissioner Newman moved to approve the Resofution to enter into an Intergovernmental Agreement with Aspen Fire Protection District for maintenance and repair and supply of fuels to the District's vehicles on first reading and set second reading and public hearing to December 5, 2012. Commissioner Ittner seconded the motion. Motion passed with Commissioners Owsfey, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. CONSENT PUBLIC HEARfNG —2ND READINGS: SECOND READING AND PUBLIC HEARfNG ON RESOLUTION SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2013 — MOTION TO APPROVE STAFF• JIM ELWOOD, AVIATION DIRECTOR AND TOM OKEN, CHIEF FINANCIAL OFFICER FOR PITKIN COUNTY Chairman Owsley opened the hearing to public comment. There were no comments. Commissioner Ittner moved to approve the Resolution setting initial airport fees and charges for 2013. Commissioner Newman seconded the motion. Motion passed with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. SECOND READfNG AND PUBLIC HEARING ON ORDINANCE APPROVfNG THE PURCHASE OF THE COLUMBINES AT ELK RUN UNIT 104 FOR THE PITKIN COUNTY EMPLOYEE HOUSING INVENTORY AND AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS — MOTION TO APPROVE STAFF• JON PEACOCK, COUNTY MANAGER; BRIAN PETTET, DIRECTOR OF PUBLIC WORKS- AND JOHN REDM4ND DIRECTOR OF FINANCE Chairman Owsley opened the hearing to public comment. There being none, he closed the Public Hearings on both items under second reading Consent Public Hearings. Commissioner Hatfield moved to approve the Ordinance Approving the Purchase of the Co{umbines at Elk Run Unit 104 for the Pitkin County Employee Housing Inventory and Authorizing the Chair to execute the necessary documents. Commissioner Ittner seconded the motion. Motion passed with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. LAND USE CONSENT PUBLIC HEARINGS: PUBL{C HEARIIdG ON INN AT ASPEN T-MOBILE SPECIAL REVIEW FOR RENEWAL OF A CELL TOWER SITE — MOTION TO CONTINUE TO DECEMBER 19 2012 BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING NOVEMBER 28,2012 STAFF: MfCHAEL KRAEMER, STAFF PLANNER Assistant Director of Community Development, Lance Clarke informed the board that the applicant faifed to get their notice posted for this meeting. It will therefore have to be continued to December 19, 2012. Commissioner Ittner moved to continue the public hearing on the Inn at Aspen T- Mobile Special Review for renewat of a cell tower site to December 19, 2012. Commissioner Hatfield seconded the motion. Chairman Owsley opened the hearing to public comment. There being none, he closed the pubfic hearing and called the question. Motion passed with Commissioners Owstey, HatField, Newman and Ittner voting aye and Commissioner Richards not present. PUBLIC HEARING ON NAKAGAWA ANNUAL REVIEW— MOTION TO CONTINUE TO DECEMBER 19, 2012 STAFF: MICHAEL KRAEMER, STAFF PLANNER Again, Lance Clarke informed the board that this needs to be continued because staff determined that a variance procedure had begun before they came before the BOCC. That procedure should take pface next week. Commissioner Ittner moved to continue the public hearing on the Nakagawa Annual Review to December 19, 2012. Commissioner Hatfield seconded the motion. Chairman Owsley opened the hearing to pubfic comment. There being none, he closed the public hearing and called the question. Motion passed with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. LAND USE PUBL{C HEARINGS: FIRST READING AND PUBLIC HEARING ON ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND_USE CODE FOR LAND USE CODE TEXT AMEIdDMENTS RELATED TO ACCESSIBILITY— MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 19, 2012. WITH STAFF DIRECTION STAFF: JOANNA S. SCHAFFNER. ZONING OFFICER Earlier this year, staff was approached by Mountain Valley property owner and architect, Merle Rambo. Mr. Rambo appealed to Staff to create an exemption from floor area calculations and Growth Management, for areas necessary to BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING NOVEMBER 28,2012 accommodate certain requirements of the American Nationai Standard (aka ANSI) as it pertains to the increased accessibility, use-ability, and visit-ability needs of residential structures. Staff supports changes to the Land Use Code for these purposes. Staff proposes amendments to the fottowing Sections of the Land Use Code: Chapter 5, Dimensional Requirements: Measurement of Building Height, Section 5-20-60 Measurement of Floor Area, Section 5-20-70 Measurement of Gross Floor Area, Section 5-20-80 Permitted Encroachments into Set- backs from roads and property fines Section 5-20-100 Chapter 6, Growth Management and TDR's Summary Chart of GMQS Exemptions, Section 6-30-30 Exemptions from GMQS, Section 6-30-140 Joanna Schaffner, County Zoning Officer, gave her presentation as outlined in her staff memorandum. Also present for this item were Merle Rambo, Mountain Valley owner and architect, Kim Raymond and Jody Edwards, Attorney. Ms. Schaffner submitted a hand out sheet dated November 28, 2012 showing the pertinent code sections, what they will address, proposed allowances and a list of the zone districts NOT proposed for floor area or growth management exemptions. This hand out sheet is attached to the end of this item's packet material. The standard being used is ANSI, the American National Standard as it pertains to the increased accessibility, use-ability, and visit-ability needs of residential structures. Ms. Schaffner said that staff wants to create an inventory of homes that are accessibfe and noted that this is not someone else's problem, it's our future. Commissioner Ittner asked Ms. Schaffner if someone was already at 5750 and were already compliant with an elevator, ramps, etc. and everything was done within their 5750, could that owner then take the additional 575 square feet and build an additionaf room off to the side. Ms. Schaffner responded by saying that she would think so because it's an incentive to have a developer provide homes {ike that. It was intended as an added incentive so if a house already complies, she said she doesn't see why the County wouldn't give the owner that. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING NOVEMBER 28,2012 Ms. Schaffner said that Merle Rambo pointed out that if you have an existing house, then the onfy allowance available to you is the elevator ailowance. So, if you already had that, you wouldn't receive the additional 575. Merle Rambo gave the board additional information to further clarify the standards and the proposed amendments. He informed the Commissioners that they are looking to put together an exemption that would be efficient and be based on whole house accessibility. At that point, take a hierarchy of items as ANSI does (which is the Code that the City of Aspen uses). It also states that the 575 square foot exemption is for only a newfy constructed house. It cannot be applied to an existing house. But, he said, it goes on then to say for an existing multi-fevel, single famify residence to remodel or renovate it, it goes on to list the limitations for that existing house would only be for an elevator. So, if it already has an elevator, and is already compliant in the whole house sense, it would get nothing more. He said that he believes this answers some of the earlier questions. Mr. Rambo submitted the folfowing exhibit for the record. 1t is a one page document looking at 1} Elevator Exemption; 2) Basic Accessibifity Area Exemptions and 3) Basic Remodeling Exemptions. It is attached to the end of staff s packet material on this item. Commissioner HatFiefd is supportive of new residences at this time, but he said that he thinks existing residences in existing neighborhoods could be a problem. Commissioner Newman asked Ms. Schaffner if she has looked at aflowing points for GMQS as an incentive for new homes to be in compliance Ms. Schaffner said no, she is looking at getting away from GMQS. DIRECTION TO STAFF — Commissioner Newman woufd like allowing points for GMQS as an incentive for new homes to be looked at. NOTE: Lance Clarke stated that staff could look at that, but in terms of looking at "in lieu". • Commissioner Hatfield discussed whether or not requirements should be added for new homes. He believes there is more work that needs to be done on this and suggested that staff look into long term. Chairman Owsley does not see these as an incentive, just an allowance. Further discussion ensued. Chairman Owsley said that he is supportive of going forward on a voluntary basis now and start to see how many peopfe use this as there is a three-year Sunset Provision . BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING NOVEMBER 28,2012 Commissioner Ittner agrees with Chairman Owsley that this is a good first step, but he wants to know that it's been brain stormed on what other potential incentives there may be to accomplish the same thing as opposed to just adding square footage. SUGGESTION BY CHAIRMAN OWSLEY - Chairman Owsley suggested that the County should consider, as part of this issue, making the two newly acquired Columbine units accessible. That way the board could see what the costs are and what the practical realities are of making a unit accessible. Commissioner Newman is also agreeable to looking into other ways to incentivize. In general, he is supportive, but noted that it would be a substantial expense for someone to be totaliy ANSI compliant. Commissioner HatField is it an exemption or an opportunity. He said that he thinks we should be more flexible. He is not interested in GMQS exemptions. He said that GMQS has nothing to do with this square footage. He does have concerns for anything over 5750, but that's time. That wiil be looked at later. He doesn't think that the whole house has to be compliant, but individual floors ought to be able to access a piece of this. Although this item is shown on the agenda as a Public Hearing, it was stated by Lance Clarke that it had not been property noticed. It shoufd be noticed for the December 19, 2012 Regufar Meeting. However, Chairman Owsley aflowed public comment at this time. Barrett Cyr lived in Mountain Valley with his wife and twin girls. One of his daughters is now in a wheelchair. Due to living in Mountain Valley, it was hard to do anything to assist�vith his daughter's needs and they had to sell their home. He said that they would still be up there if something like this had been in place. They got into the Affordable Housing program and got a lot at W/J Ranch. He said that Kim Raymond has helped tremendously with the accessibility. Their new residence is 3000 square feet which would allow them an additionaf 600 square feet in this proposal in front of the board. It would allow an elevator and enlarge the bedrooms from 12x12 to 14x15. It would make a tremendous impact to his family. Dennis Murray addressed the board. He informed them that 14 years ago he was injured during a ski trip. He said that he can't visit any friends. A big part of his life is sociaf, he said, and to deny visit-ability is a huge impact. He had friends that remodeled his smafl 380 square foot studio and make a shower he could get into and knock some of the doors down. He can get friends to carry him up to his friends' houses, but then he can't use the bathrooms. This would be a very important step. Kim Raymond is an architect and is helping the Cyr family build their house. She agrees with comments made by both Mr. Cyr and Mr. Murray. One of Mr. Cyr's girls is mobile and the other one is in a chair. She wants to feel as mobile and as normal as her fittle sister. ft is very important on a psychological level as much as a physical level. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING NOVEMBER 28,2012 Steve Child said that two weeks before the November efection (for which he was on the balfot as a County Commissioner candidate) he had to move his 96 year ofd Mother-in- �aw from Whitcomb Terrace into his home so he knows what changes have to be made when you're dealing with someone who needs assistance. He said that it is good to add some rules to every house, even if iYs only a reminder to builders to take handicap access into account. Barb Campbell has had several foot surgeries and has one more coming up. She lives in Mountain Valfey and cannot even get into her own front door. She said that is what made Mr. Rambo come before the board to get her house compliant so it's useable to her. She would appreciate anything the Commissioners could do to move this forward. Commissioner Hatfield wanted to modify the first full paragraph on page 7 of the staff packet (page 32 of the Code) where it discusses the 100% of a single family residence being in compliance. He wants to see more flexibility. He afso verified this with County Attorney John Efy to make sure it was something the board could discuss and perhaps change. Commissioner Ittner said that he does not feel comfortable with changing the percentages. Just what is 75% of the house, he asked. He would rather see a portion of a house such as a 1St floor bedroom and bath being compliant, but not the rest of the house. This would open visit-abiiity for a guest to also come to the house and stay. Commissioner Newman agrees with Commissioner Ittner. He said that we don't have enough information yet, but he is comfortable with it as it is. SUGGESTED CHANGES BY COMMfSSIONER HATFIELD - Commissioner Hatfield would like to suggest a couple of changes to the top paragraph on code page 32 (staff packet page 7). He would fike the flexibility to get this done in an incremental way if you can't do all of it. His modification suggestions would be as follows: ➢ The following exemptions shall be availabte where (he defetes the word ONLY): (1) A secondary egress to grade is provided. (2} A single-famify residence provides compliance with Section 1005 of the American Nation Standard, as amended (2009) ANSI (he eliminates 100%) (3} And compliance with ANSI Section 1004 is met in ALL OR IN PART pertaining to the following elements: the remaining a) through d) would remain the same. NOTE: DIRECTION TO STAFF - Chairman Owsley said that everyone is sympathetic to his suggestions, but the board is still unclear as to what those suggestions could lead to. He thinks staff should be directed to look into partial compliance, what incentives, what square footage, how these would be dealt with in a future date. Let's try to make the adjustments as quickly as possible, if allowed. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING NOVEMBER 28,2012 Earlier drafts of this did allow 50% compiiance and threw out different numbers, Ms. Schaffner noted, but in the interest of the Ordinance move forward and pass staff thought the board would want to limit how this amendment wouid be used. They purposely made it as restrictive as they could and they could easily open that up. It's not a problem. Mr. Rambo agrees with Ms. Schaffner's remarks. He would take it upon his self to provide sample language by the next reading on December 19. He noted that it wouldn't say partial compliance with ANSI, it would be partial and a iist of rooms. Commissioner Ittner clarified the preceding discussion by saying that it sounds like the board would pass this Ordinance in front of them and then go through the process of a whole new Ordinance that would amend or change it further. NOTE: It was mentioned that P&Z would also have to fook at these modifications as well before coming back to the BOCC. Mr. Rambo agreed. Commissioner Ittner moved to approve the Ordinance Amending Title 8 of the Pitkin County Code, Specifically the 2006 Land Use Code for Land Use Code Text Amendments Related To Accessibility on first reading and set second reading and public hearing to December 19, 2012 with staff direction to look into Commissioner Hatfield's modifications as soon as possible for a future amended Ordinance. Commissioner Newman seconded the motion. Commissioner Hatfield would fike to know if the board is willing to commit to his suggestions as soon as possible Chairman Owsley said yes, that has been the gist of the conversation. Chairman Owsley called the question. Motion passed 4 to 0 with Commissioners � Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. LAND USE ACTIONS: READING ON RESOLUTION APPROVING THE DAVIS AMENDMENT TO BOARD OF COUNTY COMMISSIONERS' RESOLUTION NOS. 90-25 AND 91-93 REGARDING DOG RESTRICTION — MOTION TO APPROVE, AS AMENDED STAFF: SUZANNE WOLFF, SENIOR PLANNER APPLICANT: Brad Davis & Janis Provisor LOCATION: Lot I, Davis/Donnelley Lot Split; Snowmass Creek Road ZONING/LOT SIZE: RS-30; 35 acres BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING NOVEMBER 28,2012 The Applicant is requesting to amend the prior approvals to allow dogs on the lot, subject to a kenneling restriction. The BOCC approved the Davis/Donnelley Lot Split, pursuant to Resolution Nos 90-25 and 91-93. The Final Pat was recorded in Plat Book 27 at Page 90. The primary issue in the review of the lot split was the protection of wildlife habitat on the property. Building and Human Activity Envelopes were established on the plat, and the Applicant agreed to limit the size of structures on the lots to 7,500 square feet and to record a Conservation Easement to protect wildlife. The Conservation Easement runs to the benefit of Aspen Valley Land Trust (originally granted to the Aspen Center for Environmental Studies and later transferred to Aspen Valley Land Trust) and is recorded as Reception #337969. There are no improvements on the property. Suzanne Wolff proceeds with her presentation as outlined in her staff memorandum. CHANGE TO DRAFT RESOLUTION CONDITION 3.C. - Commissioner Ittner questioned draft Resolution condition 3.c. that says, construction workers are prohibited from bringing their dogs on site. He asked why just construction workers. He would to like to see no dogs visiting the site. This was agreed to by the board. Commissioner Ittner afso started a discussion on how the board would use their discretion should there be failures to comply. Jared Davis, son of Brad Davis, applicant was present to answer questions from the board, if needed. Commissioner Hatfield informed the board that Kevin Wright, District Wildlife Manager for Colorado Parks and Wildlife did a site visit at 4305, which he assumes is the other lot to this lot split. He found that there was not compliance on that site. He said that there was evidence of elk due to crushed vegetation and elk waste. He told Commissioner Hatfield that he preferred that the board not change the language on dogs on this property. Commissioner Newman said that the impetus is on the dog owner. He is comfortable with this as presented. Commissioner Newman moved to approve the Resolution Approving the Davis Amendment to Board of County Commissioners' Resolution Nos. 90-25 and 91-93 regarding Dog Restriction, as amended with change to condition 3.C. Commissioner Ittner seconded the motion. Motion passed 3 to 1 with Commissioners Owsley, Newman, and Ittner voting aye, Commissioner Hatfield voting nay and Commissioner Richards not present. BOCC OPEN DISCUSSION: BOARD OF COUNTY COMMISSIONERS 1 O REGULAR MEETING NOVEMBER 28,2012 DIRECTION TO STAFF - Commissioner Newman said that the Emma Townsite Mercantile Building looks like it has brown tarp on the building. He would like something more protective to be used to protect the building from snowplows from CDOT. � Phylis Mattice, sitting in for absent County Manager Jon Peacock, said that staff will follow up on his request. Ms. Mattice also informed the board that the Mil1 Levies, originaily scheduled before the BOCC on December 20, 2012 wi11 be moved to the December 19, 2012 Regular Meeting agenda. ADJOURNED: Commissioner Ittner moved to adjourn the Regular Meeting. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Newman, and Ittner voting aye and Commissioner Richards not present. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING NOVEMBER 28,2012 Respectfully submitted, R. Dean . fer to the Board of County Commissioners Jeanette Jones C{erk to the Board of County Commissioners Michael M. Owsley Chair of the Board of County Commissioners g\bocc\minutes�2012\reg\11282012 BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING NOVEMBER 28,2012 PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA PLAZA 1 MEETIILTG ROOM TUESDAY,DECEMBER 4,2012 10:00 2012 YTD Budget Update 10:30 2013 Budget—All Funds—Decision Points 12:30 LUNCH BREAK 1:30 • Memos of Interest • Veterans Funding Request • Paving Projects Wrap Up Supplemental Budget Request • Investment Policy and Broker-Dealers • Ashcroft Ski Touring Status Report • Future Agendas/Agenda Requests/Monthly Calendar • Board Membership Reports NWCCOG, RRR, CORE, QQ, CCI, Club 20, CRRTB,RWPA,ACRA, RFTA, NC, Intermountain TPR, • BOCC O en Discussion 2:45 Prep for Meeting with Hospital Board on December 17 3:00 BREAK 3:15 SPECIAL MEETING- EXECUTIVE SESSION in Plaza 3 Airport Layout Plan And Master Plan CRS 24-6-402(4)(b) Sutey Property Negotiations CRS 24-6-402(4)(e) ADJOURN EXECUTIVE SESSION 5:00 PM ADJOURN AGENDA SUBJECT TO CHANGE MINUTES OF WORK SESSION Date: December 4, 2012 Meeting Start Time: 10:05 AM Commissioners present: Commissioners not present: � Jack Hatfield ❑ Jack Hatfield � Rob Ittner ❑ Rob Ittner � George Newman ❑ George Newman � Michael Owsley ❑ Michael Owsley � Rachel Richards ❑ Rachel Richards WORK SESSION ITEM: 2012 YTD Budget Update: John Redmond and Connie Garofalo Staff presented a status update of revenues and expenditures for the 2012 budget. A discussion on projecting sales tax revenue ensued. Jon Peacock commented that the $125,000 budgeted for wildfire mitigation is being carried forward considering the extended drought we are experiencing. Discussion ensued. STAFF DIRECTION: informational only WORK SESSION ITEM: 2013 Budget—All Funds—Decision Points Staff reviewed the overall budget figures being included in the budget as presented for each fund. Connie reviewed the General fund expenditures, revenues and capital plan. She reviewed the approved buy-up requests included in the budget. Discussion followed. Connie reviewed the changes that came out of past budget presentation. Jon described the proposed funding support being added for a Detox program. Connie presented options for eliminating the contribution from Resource Recovery to the General Fund. Connie reviewed the other changes requested by the Board from the Core Focus area reviews. STAFF DIRECTION: The Board supported eliminating the transfer of funds from Resource Recovery to the General Fund and asked for additional work session time to review the business operating model for the Landfill and recycling. The Board supported the budget as presented. WORK SESSION ITEM: Memos of Interest 1. Veterans Funding Request of$2,000—approved$700. 2. Paving Projects Wrap Up Supplemental Budget Request—approved 3. Invesrinent Policy and Broker-Dealers—approved 4. Ashcroft Ski Touring Status Report—the Board directed correspondence be prepared to John Wilcox regarding acknowledging the letter and identifying expectations for next steps. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars 1, Commissioner Newman asked about changing the order of items in the Dec 5 meeting. Chris Bull will go before the Airport. ' WORK SESSION ITEM: Board Membership Reports 1. NWCCOG— Commissioner Ittner announced the end of year meeting is this Thursday 2. RRR—no report 3. RRR Workforce Board—no report 4. CORE—Commissioner Newman said a retreat is being scheduled. 5. QQ—Commissioner Richards provided an overview of a recent meeting. 6. CCI—Commissioner Richards reviewed issues presented at the recent conference she and Jon Peacock attended. 7. Club 20—Commissioner Richards presented an update of issues and activities. 8. CRRTB—Commissioner Richards gave an overview of issues being addressed. 9. RWPA—Commissioner Owsley said a meeting is scheduled next week. 10. ACRA— no report 1 ....... ........�.,�.,.....,.._ d .„_ .. .. � emr+.ar,a:.,..... 11. RFTA- Commissioner Newman said some of the BRT park and ride stations are up and running. 12. NC—Commissioner Newman commented on a project of adding trees at the Aspen Golf Course. 13. Intermtn TPR- no report WORK SESSION ITEM: Open Discussion 1. Bob Throm reported to the Board on the condition of the unpaved portion of Snowmass Creek Road. Jon Peacock was directed to set up a future meeting with Brian Pettet and Bob. 2. Jon Peacock briefed the Board on the use of the tarp on Emma Mercantile building. The Board requested this topic be added to the next joint meeting with Open Space and Trails. 3. Jon stated the Town of Snowmass Village approved the EOTC budget but approved the design work for Rubey Park out of a different funding pool than originally identified. Commissioner Newman stated a Retreat would be beneficial to be scheduled for EOTC to address governance issues. The Board agreed. 4. Jon stated he met with Adam Frisch and Steve Skadron who will be City representatives for the Human Service work group. He anticipates their work to occur next year. 5. Commissioner Richards stated her term is expiring for representing CCI on the national Public Lands Committee. She said to serve again she needs the support of her Board. The Board supported her continued participation and questioned if a letter of support is needed. 6. Commissioner Newman asked about sending Chris Seldin's letter to others. Jon Peacock will check with Chris. WORK SESSION ITEM: Prep for Meeting with Hospital Board on December 17 STAFF DIRECTION: The Board directed staff to advance the following items: 1. Joint Update on Detox from Colorado West 2. Update on Aspen Valley Healthcare Alliance 3. Update on the AVH building project (including lighting mitigation) 4. Update from Board of Health/Community Health on Community Health Assessment, if ready. WORKSESSION ADJOURNED AT 2:30 PM FOR SPECIAL MEETING AND EXECUTIVE SESSION Prepared by: Respectfully submitted: Phylis ttice, Assistant County Manager Janice K. Vos Caudill, Clerk and Recorder Michael M. Owsley, Chairman Board of County Commissioners 2