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HomeMy WebLinkAboutBOCC Packet 01092013 Minutes10:00 12 NOON 1:00 PM 1:30 2:00 2:15 2:30 2:45 4:15 PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDAiv,/.------- Plaza One Meeting Room TUESDAY, DECEMBER 11, 2012 SPECIAL MEETING 1. Oil &Gas Discussion CRS 24-6-402(4)(b) 2. Property Acquisition CRS 24-6-402(4)(a) 3. West Divide ADJOURNAL SPECIAL MEETING AND EXECUTIVE SESSION LUNCH BREAK SPECIAL MEETING lst Reading and Set for Public Hearing on December 19 Three Resolutions Concerning the 2013 Budget: 1. Summarizing Revenues and Expenditures for each Fund and Adopting a Budget for Pitkin County, Colorado for the Calendar Year 2013 2. Appropriating Sums of Money to the Various Funds, for Pitkin County, Colorado, 2013 Budget Year 3. Levying General Property Taxes for the Year 2012, to Help Defray the Costs of Government for Pitkin County, Colorado, and its Special Districts for the 2013 Budget Year ADJOURN SPECIAL MEETING Review Optional Premises Permit to Existing Hotel and Restaurant Liquor License Granted to the Aspen Skiing Company (Sundeck Restaurant) Citizen Board Interview / Alan Feldman / Translator Advisory Board Citizen Board Interview / Andre Witte / HR&S (renewal) BREAK Memos of Interest ■ Designation of 2013 Chair Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion ADJOURN (P&Z Meeting starts at 5:00) John Redmond Connie Garofalo Jeanette Jones Jodi Smith John Ely MINUTES OF WORK SESSION Date: December 11, 2012 Commissioners present: [I] Jack Hatfield [Il Rob Ittner Z George Newman Z Michael Owsley Z Rachel Richards Meeting Start Time: 1:35 PM Commissioners not present: ❑ Jack Hatfield ❑ Rob Ittner LI George Newman LI Michael Owsley Ei Rachel Richards WORK SESSION ITEM: Review Optional Premises Permit to Existing Hotel and Restaurant Liquor License Granted to the Aspen Skiing Company (Sundeck Restaurant), Jeanette Jones STAFF DIRECTION: Jeannette gave an overview of the permit process and identified no issues arose out of the operation of the Champaign Oasis last season. Ski Company representatives reported on how the Oasis bar is used as an attraction on the Aspen Mountain. WORK SESSION ITEM: Citizen Board Interview/Alan Feldman /Translator Advisory Board, Jodi Smith The Board interviewed Alan Feldman for a regular position for the Translator Advisory Board. Discussion ensued. WORK SESSION ITEM: Citizen Board Interview/Andre Wille,/HR&S (renewal), John Ely The Board interviewed Andre Wille for reappointment to the Healthy Rivers and Streams Board. Discussion ensued. WORK SESSION ITEM: Memos of Interest - None WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars STAFF DIRECTION: 1. Jon Peacock reviewed the agenda items for the joint meeting with the AVH Board. 2. Jon reviewed potential dates for the Human Service working group. The Board identified January 11 or 16 as potential dates. 3. Jon discussed potential dates for the BOCC Retreat. Staff will research possible dates. Leadership Team Retreat on February 1. 4. Jon discussed the Emergency Management for Elected Officials Class and the tentative date for April 3. 5. Commissioner Newman asked about the January 23 agenda for Oil and Gas Commission Liaison. Jon explained this will be an introductory meeting to the new staff. 6. Commissioner Newman asked when the Smuggler Hunter Creek Management Plan would be presented. Jon identified it will be at the joint OST meeting. 7. Commissioner Hatfield asked when Chair and committee appointments will be scheduled and Jon responded. WORK SESSION ITEM: Open Discussion 1. Jon Peacock said there will be a presentation on the detox proposal at the joint meeting with AVH. He described the planning activities that have occurred working to have a program in place December 31. Commissioner Richards commented that having a presentation on procedures would be helpful for the joint meeting. 2. Commissioner Hatfield thanked the staff for organizing a great Holiday Party. 1 Adjourned at 2 : 3 2 PM Prepared by: Respectfully submitted: Phyliattire, Assistant County Manager Janice K. Vos Caudill, Clerk and Recorder Michael M. Owsley, Chairman Board of County Commissioners 2 PITHIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Meeting Room TUESDAY, DECEMBER 18, 2012 (Open Space and Trails Board meets in Plaza One from 8-10 am) 10:00 11:00 11:15 12:45 1:00 PM 2:00 3:45 4:00 5:00 Joint Meeting with Open Space and Trails Board SPECIAL MEETING —EXECUTIVE SESSION Negotiations Property Acquisitions CRS 24-6-402(4)(e) CRS 24-6-402(4)(a) ADJOURN SPECIAL MEETING —EXECUTIVE SESSION BREAK Joint Meeting with Open Space & Trails (Lunch Provided) BREAK Elk Herd Management Plans Frying Plan River Elk Herd Avalanche Creek Elk Herd Memos of Interest • Redesign of Library Web Site Budget Supplemental Request • Designation of Chair and Vice Chair for 2013 Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion BREAK The Market — Affordability Gap Approach for Calculating Impact Fees ADJOURN Kevin Wright, Dr. Julie Mao, John Groves and Matt Yamashita, Colorado Parks and Wildlife Tom McCabe/Consultant MINUTES OF WORK SESSION Date: December 18, 2012 Commissioners present: Z Jack Hatfield Z Rob Ittner Z George Newman Z Michael Owsley Z Rachel Richards Meeting Start Time: 1:00 PM Commissioners not present: fl J• ack Hatfield LI Rob Ittner LI G• eorge Newman fl M• ichael Owsley ❑ Rachel Richards WORK SESSION ITEM: Elk Herd Management Plans, Kevin Wright, CO Division of Parks and Wildlife STAFF DIRECTION: Kevin Wright, Dr. Julie Mao, John Groves and Matt Yamashita, from Colorado Parks and Wildlife gave a presentation. Informational only. WORK SESSION ITEM: Memos of Interest 1. Redesign of Library Web Site Budget Supplemental Request — approved 2. Designation of Chair and Vice Chair for 2013 —Jon Peacock presented options for Chair rotation. Discussion followed. Commissioner Newman was identified as Chair. Jon will check with Steve on his interest in being Vice Chair in his first term, if not, Commissioner Ittner will be Vice Chair. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars 1. Commissioner Ittner requested the discussion of choosing citizen Board appointments be placed on agendas as an MOI. 2. Jon Peacock stated that new Commissioner Orientation is January 9 to 11 and Commissioner elect Child will be attending. Jon will be presenting on January 9. WORK SESSION ITEM: Open Discussion 1. Jon Peacock commented on the Transfer station being approved by Garfield County and the need for future review of our Landfill's business model. 2. Jon briefed the Board on the revised Communications IGA, that is being worked on with the Communication Board members and is targeted to be brought to the Board for approval in January. 3. Jon advised the Board the County closed on the Devon Court property and that the Wren Count property will be rented beginning January. 4. Jon reviewed recent options being addressed as the Detox Center is being developed. 5. Jon distributed the packet materials for the mill levy certification on the agenda on December 19. WORK SESSION ITEM: The Market — Affordability Gap approach for Calculating Impact Fees. Tom McCabe, Housing Director, gave a brief explanation of the project for revising the calculation of the cost of providing the affordable housing necessitated by development. He stated the recommended methodology p g from the consultant for the project, Melanie Rees with Rees Consulting, Inc., is a Fee In -Lieu. Melanie, attending via conference call, explained the process for identifying the cost through identifying the gap between market prices and affordability for workforce members. She stated the approach has been tested in the courts and found to be sound and is the most common approach in Colorado. Melanie presented how the model calculates the gap/fee. Discussion followed. Tom explained the city just completed a job generation study that may be made available. Commissioner Richards was interested in options for applying an administrative fee for developing housing. Melanie outlined the policy items that remain to be addressed as the Board moves forward p g g in adopting the methodology. John Ely described how the fee system could be implemented and why using the p g gy same methodology as the City of Aspen is beneficial. The Board questioned the community outreach that 1 should complement the change in the fee calculation. Chris Bendon, Aspen Community Development ment Director, explained the options available to the Board in implementing the system. Discussion followed. STAFF DIRECTION: The Board supported the recommended methodology for fee calculation. Adjourned at 4:35 PM Prepared by: Respectfully submitted: Phylittice, Assistant County Manager Janice K. Vos Caudill, Clerk and Recorder Michael M. Owsley, Chairman Board of County Commissioners 2 /0:0O 12 NOON 1: 00 PM 1:30 3:00 4:00 6: DD PM PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Rio Grande Meeting Room TUESDAY, OCTOBER 16, 2012 SPECIAL MEETING Abatement Hearings • Julie and Mark Filler • Ashkenazy aspen Commercial, LLC • Mountain House Partners, LLC • Dan Soderberg • David Brown Convene as the Board of Equalization Senior Property Tax Homestead Appeals Adjourn as the Board of Equalization ADJOURN SPECIAL MEETING LUNCH BREAK Prep for EOTC Meeting on October 18, 2012 Memos of Interest (None) Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion BREAK JOINT MEETING WITH CITY Health and Human Services, Housing and IT Budgets ADJOURN (P&Z Meeting starts at 5:00) AGENDA IS SUBJECT TO CHANGE Larry Fite Jeanette Jones Brian Pettet MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING OCTOBER 16, 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 OCTOBER 16, 2012. CALL TO ORDER: Chairman Owsley called the Board of County Commissioners Special meeting to order at 10:00 AM. COUNTY COMMISSION MEMBERS PRESENT: Commissioners Michael Owsley, Jack Hatfield, George Newman and Rob Ittner COMMISSION MEMBERS ABSENT: Rachel Richards READING ON RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF 2011 TAXES FOR TWO CREEKS SUBDIVISION, LOT 32, MARK AND JULIE FILLER (SCHEDULE NUMBER 14852) — MOTION TO UPHOLD ASSESSOR'S RECOMMENDATION FOR APPROVAL STAFF: LARRY FITE, DEPUTY COUNTY ASSESSOR Petitioner was not present. READING ON RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF 2011 TAXES FOR RESIDENCES AT LITTLE NELL UNIT C3, ASHKENAZY ASPEN COMMERCIAL LLC (SCHEDULE NUMBER 21279) — MOTION TO UPHOLD ASSESSOR'S RECOMMENDATION AS STIPULATED STAFF: LARRY FITE, DEPUTY COUNTY ASSESSOR Petitioner was not present. Larry . Fite, Deputy County Assessor informed the board that the above two petitions were under Approved Abatements, Consent Agenda. These abatements have been approved by the Assessor's Office, but will result in a refund of greater than $10,000.00 and must be approved by the Board of County Commissioners BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING OCTOBER 16, 2012 AND BOARD OF EQUALIZATION Commissioner Hatfield moved to approve the Assessor's recommendation for the Resolution approving a Petition for Abatement or Refund of 2010 and 2011 Taxes pp 9 for Mark and Julie Filler, Schedule Number 21109 and Assessor's recommendation for the Resolution approving a Petition for Abatement or Refund of 2011 Taxes for Ashkenazy Aspen Commercial LLC, Schedule Number 21279. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. READING ON RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF 2010 TAXES FOR MOUNTAIN HOUSE LODGE, MOUNTAIN HOUSE PARTNERS, LLC (SCHEDULE NUMBER 1427) — MOTION TO UPHOLD THE ASSESSOR'S RECOMMENDATION AND DENY STAFF: LARRY FITE, DEPUTY COUNTY ASSESSOR Steve Traudt was present for this petition and Dave Ritter, appraiser was supposed to meet him here at the meeting, but had not yet arrived. Mr. Traudt has been in commercial real estate for 20 years and is here representing Mountain House Lodge as their agent. Larry Fite gave his presentation based upon the Assessor's staff packet material. Mr. Traudt then gave his presentation. He submitted two documents which are attached to this meeting packet material. The exhibits are as follows: 1 One page document entitled Aspen — Hotel/Lodge Assessed Value Comparison 1 46 page document entitled complete appraisal assignment leading to a self contained appraisal report estimating the market value of the Mountain House Lodge, Townsite of East Aspen, Block 32, Lots A through D, located at 905 East Hopkins Street, Aspen, Colorado. After further discussion among the board and the applicant's representative, the following motion was made. Commissioner Newman moved to uphold the Assessor's recommendation and deny the Petition for Abatement or Refund of 2010 Taxes for Mountain House Lodge, Mountain House Partners, LLC. Commissioner Inner seconded. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Newman and loner voting aye and Commissioner Richards not present. READING ON RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF 2011 TAXES FOR ASPEN RIVER VALLEY RANCH, LOT 2A, DANIEL SODERBERG (SCHEDULE NUMBER 9203) — MOTION TO UPHOLD ASSESSOR'S RECOMMENDATION AND DENY STAFF: LARRY FITE, DEPUTY COUNTY ASSESSOR BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING OCTOBER 16, 2012 AND BOARD OF EQUALIZATION Petitioner Dan Soderberg was present. Larry Fite reviewed this Petition for the board. Dan Soderberg gave his presentation to the board. Commissioner Newman moved to uphold the Assessor's recommendation and deny. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. READING ON RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF 2009 AND 2010 TAXES FOR DANIEL SODERBERG (SCHEDULE NUMBER ) MOTION TO UPHOLD ASSESSOR'S RECOMMENDATION AND DENY, PENDING THE DETERMINATION OF THE STATE BOARD OF ASSESSMENT APPEALS STAFF: LARRY FITE, DEPUTY COUNTY ASSESSOR Petitioner David A. Brown was not present. Larry Fite explained that this petitioner has requested an agricultural classification. Mr. Brown has just gone through the State Board of Assessment Appeals and Mr. Fite has not yet heard the decision. Therefore the Assessor's Office is recommending that this abatement be denied, pending the outcome of the 2011 State Board of Assessment Appeals hearing. Commissioner Hatfield moved to uphold the Assessor's recommendation and deny, pending the outcome of the State Board of Assessment Appeals. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. SENIOR PROPERTY TAX HOMESTEAD APPEALS: Commissioner Ittner moved to convene the Board of County Commissioners as the Board of Equalization at 11:56 PM. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioners Owsley, Hatfield, Newman and Ittner voting aye and Commissioner Richards not present. The following taxpayers have appealed the Assessor's denial of their application for a property tax exemption for seniors: • George Feeney, 0214 West Sopris Creek Road, Basalt, Colorado 81621 • Donald R and Sandra K McAllister, 214 Woody Creek Plaza, Woody Creek, Colorado 81656 BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING OCTOBER 16, 2012 AND BOARD OF EQUALIZATION Mr. Feeney appealed his decision in 2007 and 2008 and his appeal was denied by the Board of Equalization. This is the first appeal by Mr. and Mrs. McAllister. Larry Fite, Deputy County Assessor and Debby Payne of the Assessor's Office began their presentations. Neither of the applicants was present. Ms. Payne gave her presentation on George Feeney. His argument is attached to staff's meeting packet. Ms. Payne gave the reason for his denial today. Even though he's owned his property for more than the ten years required, she said, he hasn't declared this property as his primary residence. That is one of the requirements of ownership. It has to be ten consecutive years prior to January 1st of your application that it is your primary residence. And, in 2007 Mr. Feeney came into the Assessor's office and he gave them his change of address from Evanston, Illinois to their house in Basalt. They were finally able to retire and live in this house that they have owned for several years. He told Ms. Payne that he was registered to vote in Evanston, Illinois in June of 2007, however. Commissioner Hatfield moved to uphold the Assessor's recommendation to deny the request for Property Tax Exemption for seniors for George Feeney. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioners owsiey, Hatfield, Newman and Inner voting aye and Commissioner Richards not present. The next application was for Donald and Sandra McAllister. Again, Ms. Payne gave her presentation on these applicants. She started by saying that another requirement is that you have to be on title of your property for ten years. Mr. McAllister just purchased the property in 2008. Mr. and Mrs. McAllister sent a letter to the Board of Equalization explaining why they think they should be exempted. This letter is in today's packet material. Ms. Payne explained the letter to the board. She further explained if someone moves within the County, their ten year residency requirement starts all over again. She added that these requirements are statutory by State regulations, not by Pitkin County. Commissioner Hatfield moved to uphold the Assessor's recommendation to deny the request for Property Tax Exemption for seniors for Donald and Sandra McAllister. Commissioner Ittner 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 4 SPECIAL MEETING OCTOBER 16, 2012 AND BOARD OF EQUALIZATION ADJOURNMENT: Commissioner Hatfield moved to adjourn as the Board of Equalization at 12:12 PM. Commissioner Ittner 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 5 SPECIAL MEETING OCTOBER 16, 2012 AND BOARD OF EQUALIZATION Respectfully submitted, Ly j . ee Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chair of the Board of County Commissioners glbocclm i n utes120121spec110162012 BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING OCTOBER 16, 2012 AND BOARD OF EQUALIZATION PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Meeting Room TUESDAY, DECEMBER 11, 2012 10:00 SPECIAL MEETING 1. Oil &Gas Discussion CRS 24-6-402(4)(b) 2. Property Acquisition CRS 24-6-402(4)(a) 3. West Divide ADJOURNAL SPECIAL MEETING AND EXECUTIVE SESSION` 12 NOON LUNCH BREAK 1:00 PM 7 SPECIAL MEETING lst Reading and Set for Public Hearing on December 19 Three Resolutions Concerning the 2013 Budget: 1. Summarizing Revenues and Expenditures for each Fund and Adopting a Budget for Pitkin County, Colorado for the Calendar Year 2013 2. Appropriating Sums of Money to the Various Funds, for Pitkin County, Colorado, 2013 Budget Year 3. Levying General Property Taxes for the Year 2012, to Help Defray the Costs of Government for Pitkin County, Colorado, and its Special Districts for the 2013 Budget Year ADJOURN SPECIAL MEETING John Redmond Connie Garofalo 1:30 Review Optional Premises Permit to Existing Hotel and Restaurant Liquor License Granted to the Aspen Skiing Company (Sundeck Restaurant) Jeanette Jones 2:00 Citizen Board Interview / Alan Feldman / Translator Advisory Board Jodi Smith 2:15 Citizen Board Interview / Andre Wille / HR&S (renewal) John Ely 2:30 BREAK 2:45 Memos of Interest • Designation of 2013 Chair Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion 4:15 ADJOURN (P&Z Meeting starts at 5:00) MINUTES BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING DECEMBER 11, 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 DECEMBER 11, 2012. CALL TO ORDER: Chairman Michael Owsley called the Board of County Commissioners Regular Meeting to order at 1:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael Owsley, Jack Hatfield, Rachel Richards, George Newman, and Rob lttner COMMISSION MEMBERS ABSENT: None The Special Meeting was opened earlier in today's meeting and was still open for these items before the board. FIRST READING ON RESOLUTION SUMMARIZING REVENUES AND EXPENDITURES FOR EACH FUND AND ADOPTING A BUDGET FOR PITKIN COUNTY, COLORADO FOR THE CALENDAR YEAR 2013 — MOTION TO APPROVE ON FIRST READING, AS AMENDED, AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 19, 2012 STAFF: JOHN REDMOND AND CONNIE GAROFALO, FINANCE DEPARTMENT FIRST READING ON RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS FOR PITKIN COUNTY, COLORADO, 2013 BUDGET YEAR — MOTION TO APPROVE ON FIRST READING, AS AMENDED, AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 19, 2012 STAFF: JOHN REDMOND AND CONNIE GAROFALO, FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING DECEMBER 11, 2012 FIRST READING ON RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2012, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR PITKIN COUNTY, COLORADO, AND ITS SPECIAL DISTRICTS FOR THE 2013 BUDGET YEAR — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 19, 2012 STAFF: JOHN REDMOND AND CONNIE GAROFALO, FINANCE DEPARTMENT John Redmond and Connie Garofalo of the Finance Department gave their presentations as outlined in their staff memos. Ms. Garofalo informed the board that there were two changes to the budget numbers that they presented a week ago. At the end of November they have the final valuation numbers for property value. With the final valuations and the last minute calculations they end up with about $36,000.00 more in property tax revenue in the General Fund Operation than what was originally shown to the board by staff. The County's surplus over the 5-year plan for the General Fund is about $400,000.00. So, she continued, there was an increase in the amount of surplus that we have. The second change to the budget is the addition of $250,000.00 in the Airport Budget that staff would like to set aside a line item one time to be used for Design Guidelines and a Transportation and Transit Study now that the Master Plan has been approved for the Airport. At the request of Commissioner Newman, Brian Grefe, Assistant Director of Aviation for Administration, gave the board further information on the Airport Budget addition of $250,000.00. He said that amount was really just a place holder. They haven't done a thorough analysis of what it's going to cost for those two studies. They will be performed or are planned to be performed in 2013 and won't be a reoccurring cost. The Design Guidelines are to set what the County would like in overall development of the Airport. County Manager Jon Peacock added that the board may recall that there were two recommendations for follow-up upon adoption of the Master Plan because the board had not yet made a decision on whether to move forward with the Airport Master Plan. Further planning items were not included in the budget, he said. But, the Transportation Study is an item that was requested through the Planning Commission discussions to explore how to encourage use of public transportation and what best practices could be used to help get people to and from the airport without taking their bags, skis, et cetera on the bus but have their belongings sent to their destination location. The Guideline Designs were for the look feel and design of what a future terminal and the west side would look and feel like. Mr. Peacock said that what they would do is come back in January with a staff recommendation and a more refined budget as far as how we would proceed with those two processes including how we would recommend setting up Citizen Advisory Committees again, and what type of expertise we would need to run both those studies BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING DECEMBER 11, 2012 appropriately. He said that staff thought it was appropriate since the Airport Master Plan was adopted that they go ahead and acknowledge that these are the next steps that have been identified and we put a place holder in and then come back for a discussion with the board in January about specifics. Commissioner Richards said that she can understand all that, but she has an inclination to let the dust settle a bit and maybe come back in 2013 and do this as a supplemental when the board has those specifics. She said that sometimes when you put a place holder in of a certain amount your bids from your potential clients are going to come in really close to that. And, she doesn't want to set that as a benchmark of what the County is willing to spend to accomplish these things. She said that she would be more comfortable if she knew how we were going to engage the community, what steps we're going to take, and perhaps have staff go out for a request for qualifications and help shape that first. So, for her, this is a little cart in front of the horse to her. She is not opposed to it and not that she thinks it's going to eventually be the appropriate step. But, she would prefer to do this as a supplemental later rather than include it in the budget now. Commissioner Ittner asked what the disadvantages would be doing this as a supplemental? Mr. Peacock said the board could certainly do this as a supplemental. He said they had spelled out as the next step specifically doing Design Guidelines in anticipation that there may be an interested party who may want to submit a proposal now that the Airport Master Plan has been adopted. If the board would prefer that staff put in a little more detail into this and come back and handle this as a supplemental, that certainly is an option available to the board. Commissioner Hatfield said that he thought we had planning money left over from those resources. Mr. Peacock responded that even if there was left over money it would still need to be appropriated, Commissioner Hatfield thanked Commissioner Richards for brining this up and supports her request. Commissioner Ittner supports this request as well. Chairman Owsley stated that the board will not include the $250,000.00 in the Airport Budget, but look forward to having Work Sessions and time aside for deciding exactly how much there will be. Commissioner Hatfield said that the only outstanding issue in the General Fund for him is the Energy Smart Program and the State Grant that are both going away. He asked if BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING DECEMBER 11, 2012 the County has started doing some brain storming as to how we might keep that program alive. Mr. Peacock responded by saying that the budget does not include additional funding now or in the future to support Energy Smart. He said that the County hasn't had any recommendations come back and he thinks that's something that CORE staff is working on with the Energy Smart staff from the other communities. He said that there will probably be a proposal in some form that we'll see in the future. But, he added, we didn't have anything to base future projections on and whether those would be supported by alternative revenue sources or whether they needed some public support for those. We just don't know, he stated. Commissioner Richards had a question about a newspaper article about the City of Aspen and the Joint Housing Funds. She said that the City of Aspen's Canary Initiative is going forward with the energy improvements on units as they sell and turn over and adding the cost of those improvements to the base of the unit. Her concerns were raised but she hasn't heard anything back to see if they were addressed. The article referenced that Pitkin County had to sign off on the program because we're joint owners in the Deed Restrictions through the Housing Office of all units. Mr. Peacock said that his understanding was that the City of Aspen is moving forward but only on units that are deed restricted to the City of Aspen. If they did want to expand the program in the future, it would require them to come back to Pitkin County. DIRECTION TO STAFF — Commissioner Ittner wants to see the following at second reading on December 19, 2012 because he thinks it's important to the public. He would like a presentation made on the big screen so it can be shown on TV for the public. Commissioner Newman moved to approve the Resolution Summarizing Revenues and Expenditures for Each Fund and Adopting a Budget for Pitkin County, Colorado for the Calendar Year 2013, as amended by reducing the airport expenditures by $250,000.00 as shown in this Resolution, on first reading and set second reading and public hearing to December 19, 2012. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. Commissioner Richards moved to approve the Resolution Appropriating sums of money to the various funds for Pitkin County, Colorado, 2013 Budget Year, as amended by reducing the airport expenditures by $250,000.00 as shown in this Resolution, on first reading and set second reading and public hearing to December 19, 2012. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. Commissioner Ittner moved to approve the Resolution Levying General Property Taxes for the year 2012, to help defray the costs of Government for Pitkin County, BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING DECEMBER 11, 2012 Colorado, and its Special Districts for the 2013 Budget Year on first reading and set second reading and public hearing to December 19, 2012. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. ADJOURNMENT: Commissioner Ittner moved to adjourn the Special Meeting at 1:34 PM. Commissioner Newman seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOARD OF COUNTY COMMISSIONERS S SPECIAL MEETING DECEMBER 11, 2012 Respectfully submitted, e� . ■ean rk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chair of the Board of County Commissioners glbocclm in utes12012\specl12112012 BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING DECEMBER 11, 2012 REGULAR MEETING AGENDA PLAZA ZA 1 MEETING ROOM WEDNESDAY, DECEMBER 5, 2012 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of Work Sessions of 11/13 and 11120/2012, Special Meetings of 2/28, 10/23, and 11/20/2012 CONSENT ACTIONS- 1st Readings, Set for Public Hearing on December 19 2. Resolution Establishing the Formula for Distribution of the Municipal Share of County Sales Tax Revenue for the Year 2013 as Required by Resolution 78-121, Susan Atwood ADMINISTRATIVE ACTIONS 3. Emergency Ordinance Amending Ordinance 30-2009 Regarding Establishment of Fees for the Community Development Department Hearing Officer, John Ely 4. Emergency Resolution Approving an Intergovernmental Agreement by and between the City and County of Denver a Municipal Corporation of the State of Colorado and the Pitkin County Board of County Commissioners Acting on behalf of the Pitkin County Sheriff, Don Bird CONSENT PUBLIC HEARING , 2"d Reading 5. Resolution Approving 2012 Airport Master Plan Update Draft Final Report, Jim Elwood 6. Resolution to Enter into an Intergovernmental Agreement with Snowmass Water and Sanitation District for Maintenance and Repair to the District's Vehicles, Chris Bull 7. 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 LAND USE CONSENT PUBLIC HEARINGS 1. Lenado Twelve LLC Silver Creek Lot 2 Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff 2. Lenado Twelve LLC Hidden Treasure Parcel Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff 3. Last Chance #2 Inc. South Parcel Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff 4. Last Chance #2 Inc. North Parcel Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff LAND USE ACTIONS 5. Sharp Takings Determination, L. Clarke BOCC OPEN DISCUSSION ADJOURN DECEMBER 6, 2012 NWCCOG — Full Council Meeting Minturn MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DECEMBER 5, 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 DECEMBER 5, 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, Rachel Richards and Rob Ittner COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS TO THE AGENDA: There will be two additions to the agenda. One is an Emergency Ordinance Amending BOCC Ordinance 30-2009 regarding Establishment of Fees for the Community Development Hearing Officer. The other is an Emergency Ordinance Approving an Intergovernmental Agreement by and between the City and County of Denver and the Pitkin County Board of County Commissioners Acting on Behalf of the Pitkin County Sheriff. A change in the agenda will be to move the Airport Master Plan Draft Final Report from the first position under Consent Public Hearings, 2nd Readings to the last position in order to address both Resolutions regarding Maintenance and Repair to District Vehicles first. Commissioner Hatfield moved to approve the agenda as amended. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOARD OF COUNTY COMMISSIONER 1 REGULAR MEETING DECEMBER 5, 2012 PUBLIC COMMENT: Paul T. Chichester approached the board regarding a NON Medical Marijuana License Letter of Application Memorandum. This Letter was originally sent to John Ely and is dated November 29, 2012. Jon Peacock informed the board that Amendment 64 to Regulate Marijuana Like Alcohol Act of 2012 requires the State to have their rules in place for Iicensure by July 1, 2013 and then counties have an opportunity to figure out implementation and are required to accept license applications by October 1, 2013 if communities haven't opted out. Mr. Chichester said then that he's a little ahead of the curve. A copy of his Letter of Application Memorandum to John Ely was submitted by Mr. Chichester for the record. Clerk to the Board Ms. Dean will see that all the Commissioners and Mr. Peacock have a copy. COMMISSIONER COMMENTS: Commissioner Richards said that now that we're heading toward the holiday season we are still a country at war. A great number of our young men and women are far from home and in harm's way. She asked for a Moment of Silence for their safety and solace for their families and for those who have lost loved wars on both sides of these conflicts. A Moment of Silence was observed. Commissioner Newman stated that although it is not yet winter outside, it is flu season. He reminded everyone that there is still time to get their flu shots. In fact, this weekend the Ski Company will be at Bumps Restaurant from 7 AM to 11 AM hosting a mini - health fair where can youget your flu shots and blood work done and other health related opportunities. CONSENT ACTIONS: MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF NOVEMBER 13 AND NOVEMBER 20, 2012; SPECIAL MEETINGS OF FEBRUARY 28, OCTOBER 23, AND NOVEMBER 20, 2012 — MOTION TO APPROVE STAFF: LYNDEE R. DEAN/JEANETTE JONES, CLERKS TO THE BOCC Commissioner Richards moved to approve the minutes. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and lttner voting aye. BOARD OF COUNTY COMMISSIONER 2 REGULAR MEETING DECEMBER 5, 2012 CONSENT ACTIONS —1ST READINGS, SET FOR PUBLIC HEARING ON DECEMBER 19, 2012: FIRST READING ON RESOLUTION ESTABLISHING THE FORMULA FOR THE DISTRIBUTION OF THE MUNICIPAL SHARE OF COUNTY SALES TAX REVENUE FOR THE YEAR 2013 AS REQUIRED BY RESOLUTION 78-121 — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 19, 2012 STAFF: JOHN REDMOND AND SUSAN ATWOOD, FINANCE DEPARTMENT John Redmond, Finance Director, gave his presentation to the board as outlined in his Agenda Item Summary. Commissioner Hatfield moved to approve the Resolution Establishing the Formula for the Distribution of the Municipal Share of County Sales Tax Revenue for the Year 2013 as Required by Resolution 78-121 on first reading and set second reading and public hearing to December 19, 2012. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. CONSENT PUBLIC HEARINGS — 2ND READINGS: SECOND READING AND PUBLIC HEARING 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 STAFF: CHRISTOPHER BULL, FLEET MANAGER The board had no further questions for this second reading. Chairman Owsley opened the hearing to public comment. There being none he closed the public hearing. 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. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. SECOND READING AND PUBLIC HEARING 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 STAFF: CHRISTOPHER BULL, FLEET MANAGER The board had no further questions for this second reading. BOARD OF COUNTY COMMISSIONER 3 REGULAR MEETING DECEMBER 5, 2012 Chairman Owsley opened the hearing to public comment. There being none he closed the public hearing. Commissioner Ittner moved to approve the 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. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. SECOND READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE 2012 ASPEN/PITKIN COUNTY AIRPORT MASTER PLAN UPDATE DRAFT FINAL REPORT AND AUTHORIZING SUBMISSION OF THE DOCUMENT TO THE FAA FOR REVIEW MOTION TO APPROVE, AS AMENDED STAFF: JIM ELWOOD, AVIATION DIRECTOR Additional members present on this "team" were: Tim Malloy, local planner; Dan Reimer, Attorney with Kaplan, Kirsh and Rockwell as outside counsel for the County; Mark McFarland is with Mead and Hunt; Steve Horton, Leibowitz and Horton, Financial Consultants; J.D. Ingram with Jviation, Inc., Denver Engineering firm. Mr. Elwood reminded the public that they can go to www.aspenairportplanning.com and see all of the work done on this project, including unedited comments that have come in throughout the process and the 80-some meetings. Mr. Elwood asked Dan Reimer to speak to the board. He is with Kaplan, Kirsh and Rockwell and they are the outside counsel to Pitkin County on airport issues. Mr. Kaplan first addressed the board on framing the regulatory environment on which the Master Plan is taking place. He said they have been through of this in public sessions during the period of the last two years while the Master Plan update has been going on. He spoke about the Master Plan and the FAA (Federal Aviation Administration) role in the Master Plan itself. He also spoke about grant assurances and what they mean for us in terms of the lessons that we need to be mindful of as we move forward. Chairman Owsley asked how the County became responsible for these grant assurances. Mr. Reimer responded that the County became responsible for these grant assurances through the acceptance of grant funding. There is a contract that the County signs every time it accepts a grant from the FAA which it has done for decades. These 39 grant assurances are included each time a contract is signed for an FAA grant. BOARD OF COUNTY COMMISSIONER 4 REGULAR MEETING DECEMBER 5, 2012 Mr. Kaplan submitted the following sheet entitled FAA Grant Assurances and Guidance Quotes which shows Use of Airport Property; Making Space Available: and Exclusive Rights. Commissioner Richards asked what typically occurs with airports that are found to have violated their grant assurances. Mr. Reimer responded by saying that the penalty for violating your grant assurances is a ►withholding of payment of existing grant funds from the FAA. That is if there are open grants that are paid out in an intermittent basis, there can be a withholding of payment of existing grants. And equally or more important than that, is a suspension of eligibility for all future FAA grant funding until such time as the County would return to compliance status. Jim Elwood and Tim Malloy gave the board their Power Point Presentation. A copy of said presentation is attached to Mr. Elwood's Agenda Item Summary. Mr. Malloy goes over Section 6.3, BOCC Conditions of Approval in their presentation as follows: ➢ Protection of Owl Creek ➢ Traffic Impacts on Owl Creek • Design Guidelines • Location and Extent Review Process ➢ Mass Transit ➢ Approach to FAA Standards ➢ Trails ➢ Project Coordination ➢ Noise Monitoring ➢ Airport Ranch AMENDMENT TO ITEM 3 IN 6.3 BOCC CONDITIONS OF APPROVAL 1 THROUGH 10 - In staff's packet material on page 6-5 of the Recommended Improvement Plan, Chapter 5, 6.3 BOCC Conditions of Approval, Commissioner Richards noted item 3, in particular the last sentence which reads: To help achieve this objective, the Airport shall draft and present to the BOCC, a set of design guidelines to govern all future improvements at the airport. Commissioner Richards would like to add the following words after the Airport shall draft with community input and then finish the rest of the sentence as shown. AMENDMENT TO 6.3 BOCC CONDITIONS OF APPROVAL 1 THROUGH 10 — Commissioner Richards would like the following added to the list of Conditions of Approval: She would like to add a condition 11 that would say something to the effect of should Federal funds be implicated in this process, that not only will these conditions be satisfied, but also a NEPA review. Chairman Owsley opened the hearing to public comment at this time. BOARD OF COUNTY COMMISSIONER 5 REGULAR MEETING DECEMBER 5, 2012 Fred Mosher, General Manager of Atlantic Aviation had concerns that the Master Plan has been directed at a second FBO. He said that Atlantic Aviation is a seasonal operation that requires highly skilled and trained employees. He is not sure of the outcome with a second FBO and the dilution of his business by taking a piece of the pie. He thanked all who were part of the process, however, and put their energy forth for it. Howie Mallory is a Snowbunny Lane resident. His comments focused on something that hasn't been addressed in the slides so far and that's the numbers, the financial pro - forma of the Airport Master Plan. He said Jim (Elwood) and his team have done a superb job. He doesn't think there has been the same amount of attention to the details of the financial modeling that has been forecast in this particular package. He understands that the project will have an indebtedness of $55,000,000.00 and that is the debt that the Airport Enterprise Fund will undertake and will try to issue bonds on it. He said he was told that the County is guaranteeing that $55,000,000.00. NOTE: Chairman Owsley tried to clarify this for Mr. Mallory by saying that there have been projections about possible figures for the airport. None of them will take effect until there is a project in hand. This is just a space reservation with preliminary figures. The talk of indebtedness is gloominary and not at all germane right now. NOTE: Jon Peacock, County Manager, said that when the County did the pro -forma we did not consider general obligation debt. They estimated interest rate just on the enterprise. And, he said, that is a future decision as Chairman Owsley pointed out. NOTE: Chairman Owsley said that the board understands his concerns, but there's no part of this meeting that obligates the County, the Enterprise Fund or anyone to indebtedness at this time. David Corbin is Vice -President for Planning with the Aspen Skiing Company. He commends Jim (Elwood) and Tim (Malloy) and their team for a very thorough and complete process. As a permittee on public lands for the four mountains, he is very familiar with this sort of Master Planning process. He said that the Aspen Skiing Company supports the document before the Commissioners. Rob Schneider is concerned with how the airport is going to grow and people coming through it. He said they had their best year in 1993 and back then we had a number of varying airlines and all kinds of incentive programs and coupon packages where you could fly to Denver roundtrip for the day for under $100.00. We haven't seen numbers like we saw in 1993 since. He finds some of the projections that get us to the growth rates that we need to financially support this a little suspect and in some cases, quite hopeful. As a nation we are down to four major airlines. Where are we going to get the increased flights that we need. He worries about the ability to grow the numbers to support this, to get the landing fees and other things from the flying public that comes in here. It is also heavily reliant on the income from the current FBO operation and hopefully a second FBO. Almost every airport he has checked on, big and small, has an Airport Advisory Board that works closely with airport staff and governing body. He suggests that they amend the enabling legislation to provide for an Advisory Committee to be formed of knowledgeable and concerned citizens. BOARD OF COUNTY COMMISSIONER 6 REGULAR MEETING DECEMBER 5, 2012 Brian O'Shane asked what the Commissioners are doing as far as requirements to make this a sustainable, environmentally friendly project. The second thing he point out was if the project doesn't make its numbers then landing fees will have to go up and people will travel less frequently to fly out of this airport. Junee Kirk is concerned that this process is being more directed by outside, paid consultants and less by community input, even though we've had ample, ample times at open houses and visitations to the airport. She still thinks it has to be vetted further. She is concerned that we have a 1,010 car parking garage when this community and the board members have been urging disincentives for autos in and out of town, yet we're providing a huge parking garage. She also questioned the size of the terminal (80,000 square feet). Do we really need that? Debbie Braun is the President of ACRA (Aspen Chamber Resort Association). She sat in on the Study Committee for the Master Plan and she also got to take the airport tour and she supports the Master Plan and applauds the efforts of the airport staff and the Commissioners. Dieter Bibbig has been flying for 50 years and also flies gliders for 45 years. He hasn't seen gliders or sail planes mentioned in the Master Plan. He asked that they not be forgotten. And, take care of the little guys, sport aviation, small airplane parking. He said that they do need hangars. He thinks the Owl Creek traffic is more affected by Snowmass as more people are using Owl Creek rather than Brush Creek. John McBride is the Airport's closest neighbor at the AABC. He said that he thinks it's one of the better airports he's been in. He doesn't know what's wrong with the last Master Plan. He presumes it might be for establishing a fixed base operation on the other side. He doesn't hear anybody that he knows in the flying world saying gee, I wish we had a lot more big hangars over there or I wish we did have a two-story terminal with jet wings. He is confused by the demand. We have a wonderful airport now, he said, and he doesn't see private aviation growing a lot based upon hangars up for sale in Rifle and Eagle. Helen Klanderud is Chair of the Public Affairs Committee for the ACRA. She applauds this plan and speaks on behalf of the ACRA business members and community members and our guests who come here. The airport is critical for the economic well being of this community. Safety is important, accessibility is important and the comfort of the entry into Aspen and the departure are very important for our guests. We are talking about the future here. And that certain assumptions have been made about that future. It may not occur. There is no current specific plan before the board so there are no immediate financial considerations. Bill Tomsich is the President of Stay Aspen/Snowmass and 17 years ago when he moved to town was that it was pretty much etched in stone that the only commercial aircraft known in 1995 that would ever be able to serve this airport was a 4-engine BA146. He said that it was Jim Elwood when he came along soon after 2001 who really BOARD OF COUNTY COMMISSIONER 7 REGULAR MEETING DECEMBER 5, 2012 challenged that belief. And it was that vision toward the future and the fact that technology would change and enable twin engine airport to fly in and out of here. He encourages a long view of this plan. He lends his support for this Master Plan. Sam Houston is a commercial and private pilot. This is a great airport, he said, and Jim (Elwood) and his team are doing a great job. Peter Moram worries that space reservation is a nice way of saying this is what's going to get built. This is an out of control train that is coming in through the back door. He would like to have some assurances and he would like to know what additional information the board needs to say let's go to the small end. Is it hiring a consultant who looks at what's the smallest we can do? Chairman Owsley closed the public hearing at this time. Commissioner Richards moved to approve the Resolution Approving the 2012 Aspen/Pitkin County Airport Master Plan Update Draft Final Report and Authorizing Submission of the Document to the FAA for review, with amendments to Chapter 6, 6.3 BOCC CONDITIONS OF APPROVAL (as noted in these minutes). Commissioner Newman seconded the motion. Commissioner Hatfield gave the following comments regarding his decision to support the Master Planning process, but NOT support the results. He said that this has been a long, arduous and expensive process. He said that he thinks we have an inadequate terminal, both operation -wise and as far as maintenance. It's apparent, he said, that TSA is continually evolving and we're going to need more space for equipment. And, the waiting rooms are inadequate. He said that he would never criticize the board, staff and consultants as they have done a great job. The financial plan shows $44,000,000.00 potential costs for parking. That is a cost that the FAA is not going to pay for. He continued on by saying that he doesn't like structured parking and he doesn't support an 80,000 square foot terminal size. He's more for 60,000.00 square feet. He is also concerned that the County doesn't have Affordable Housing requirements. Chairman Owsley called the question to approve. Motion passed 4 to 0 with Commissioners Owsley, Richards, Newman and Ittner voting aye and Commissioner Hatfield voting nay for reasons shown above. LAND USE CONSENT PUBLIC HEARINGS: LENADO TWELVE LLC SILVER CREEK LOT 2 ACTIVITY ENVELOPE REVIEW — MOTION TO CONTINUE TO FEBRUARY 13, 2013 STAFF: SUZANNE WOLFF, SENIOR PLANNER LENADO TWELVE LLC HIDDEN TREASURE PARCEL ACTIVITY ENVELOPE REVIEW — MOTION TO CONTINUE TO FEBRUARY 13, 2013 BOARD OF COUNTY COMMISSIONER 8 REGULAR MEETING DECEMBER 5, 2012 STAFF: SUZANNE WOLFF, SENIOR PLANNER LAST CHANCE #2 INC. SOUTH PARCEL ACTIVITY ENVELOPE REVIEW — MOTION TO CONTINUE TO FEBRUARY 13, 2013 STAFF: SUZANNE WOLFF, SENIOR PLANNER LAST CHANCE #2 INC. NORTH PARCEL ACTIVITY ENVELOPE REVIEW — MOTION TO CONTINUE TO FEBRUARY 13, 2013 STAFF: SUZANNE WOLFF, SENIOR PLANNER Commissioner Richards moved to continue all four items under Land Use Consent Public Hearings to February 13, 2013. Commissioner Ittner seconded the motion. Chairman Owsley opened the hearing to public comment on these four items. There being none, he closed the public hearing and called the question. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman, and Ittner voting aye. ADDITIONAL ITEMS ADDED TO TODAY'S AGENDA: EMERGENCY RESOLUTION APPROVING AND INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF DENVER, A MUNICIPAL CORPORATION OF THE STATE OF COLORADO AND THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS ACTING ON BEHALF OF THE PITKIN COUNTY SHERIFF, ASPEN, COLORADO, 81611 — MOTION TO APPROVE THE EMERGENCY RESOLUTION AND SET CONFIRMATORY READING AND PUBLIC HEARING TO DECEMBER 19, 2012 STAFF: DON BIRD, COUNTY SHERIFF'S DEPARTMENT Don Bird explained to the Commissioners that there is a long term inmate awaiting trial who requires medical attention that cannot be administered here. His condition requires him to be taken to Denver for approximately two weeks. This has been confirmed by a local physician. The cost of care in Denver will be approximately $12,000.00. If approve, this Resolution will be good for two years should this issue arise in the future. Commissioner Newman asked if the inmate had insurance. Mr. Bird responded that he had Medicare coverage. Further discussion ensued. Commissioner Richards moved to approve the Resolution Approving and Intergovernmental Agreement by and between the City and County of Denver, a Municipal Corporation of the State of Colorado and the Pitkin County Board of County Commissioners Acting on Behalf of the Pitkin County Sheriff, Aspen, BOARD OF COUNTY COMMISSIONER 9 REGULAR MEETING DECEMBER 5, 2012 Colorado, 81611, and set confirmatory reading and public hearing to December 19, 2012. Commissioner Newman seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman, and Ittner voting aye. EMERGENCY ORDINANCE AMENDING ORDINANCE 30-2009 REGARDING ESTABLISHMENT OF FEES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER — MOTION TO APPROVE, AS AMENDED AND SET CONFIRMATORY READING AND PUBLIC HEARING TO DECEMBER 19, 2012 - MOTION TO APPROVE AND SET CONFIRMATORY READING AND PUBLIC HEARING TO DECEMBER'19, 2012 Lance Clarke, Assistant Director of Community Development approached the board with this item. His Agenda Item Summary and draft Emergency Ordinance have been added as additional documents to today's meeting agenda. He proceeded with his presentation as outlined in his Agenda item Summary. Staff has determined that the fees for the Hearing Officer are not consistent with current costs and fluctuate occasionally. Previously, the Hearing Officer Jim True, who is now the City Attorney, was paid $175.00 per hour. The current Hearing Officer, Tom Smith, is billing at a rate of $225.00 per hour. In order to be consistent, the Community Development Director will set the rates which may increase or decrease. Such costs will be passed onto the applicants. The Hearing Officer fees will be set administratively based on actual costs by the Community Development Director. Amendments to the fee schedule will be as follows: OLD LANGUAGE: Hearing Officer - $175.00 per hour NEW LANGUAGE: Hearing Officer — Actual cost of service set by the Community Development Director AMENDMENT TO EMERGENCY ORDINANCE — County Attorney, John Ely requested an additional paragraph 7 be added to the first page of the Emergency Ordinance that states that the board recognizes this Ordinance as a Rule of General Applicability. Commissioner Hatfield moved to approve the Emergency Ordinance, as amended above. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. LAND USE ACTIONS: SHARP TAKINGS DETERMINATION — MOTION THAT A TAKING HAS OCCURRED AND HAVE STAFF WORK THROUGH THE REMEDIATION PROCESS AND BRING BOARD OF COUNTY COMMISSIONER 10 REGULAR MEETING DECEMBER 5, 2012 IT BACK TO THE BOARD, INCLUSIVE OF THE FIRE DISTRICT AND THE EASEMENT ISSUES, AND ALL THAT PART OF THE REMEDIATION, AS AMENDED STAFF: LANCE CLARKE, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT APPLICANT: Grant and Christina Sharp REPRESENTATIVES: Peter W. Thomas, Esq. and Alan Richman SUMMARY OF REQUEST: The Applicant has requested a hearing, pursuant to Section 4-150 of the Pitkin County Land Use Code, as a result of the Community Development Director's denial of the Sharp Activity Envelope and Site Plan Review, pursuant to Administrative Decision No. 69-2012. Most of the parcel is within the River and Stream Corridors required 100' buffer area, where development is prohibited by Sec. 7-20-80 of the Land Use Code ("Code"). The Applicant contends the denial constitutes a taking and denies reasonable use and economic return on the properly. Lance Clarke gave his presentation to the board on this Takings Determination as outlined in his staff memorandum. Peter Thomas, representing the applicants, proceeded with his presentation by starting with the background on this property for the benefit of Commissioners Newman and Ittner who were not on the board in 2005/2006. He also referenced information from his October 16, 2012 letter to Lance Clarke. He said that they would like the ability to continue with the building on site. Alan Richman, applicant's planner, will discuss the land use aspects. His memo dated October 16, 2012 is in staff's packet material with his review of the Activity Envelope Site Plan. He uses two large maps in his presentation. Smaller copies of said maps have been submitted by Mr. Richman as exhibits to the record. These maps will be attached to end of this items packet material. Mr. Thomas introduced Bubba Ecclestone to speak to the board regarding property sales. Mr. Ecclestone is a local real estate broker with Aspen/Snowmass Sotheby's and has been a broker for seven years specializing in Upper and Mid -Valley properties working with buyers and sellers. He spoke to the board regarding recent valuations. He said in the real estate world they have to come up with some sort of equalizer and what works best throughout the valley is price per square foot. He said that it is their way to equalize and translate value between properties. They then factor in some sort of uniqueness whether it is the amount of land, the type of land, waterfront, riverfront or new construction. Sales in old Snowmass of newer construction over the last two years have a pretty wide range of $400.00 a square foot to $700.00 a square foot. December 1, 2011 at 776 BOARD OF COUNTY COMMISSIONER 11 REGULAR MEETING DECEMBER 5, 2012 Snowmass Creek Road a home of new construction sold for $409.00 a square foot with four bedrooms. If you translate the $409.00 a square foot into what the Sharps intended to build here translates to about $2.35 million dollar on the finished product. Mr. Ecclestone noted in August of 2011 another Snowmass Creek Road property sold for $616.00 a square foot which, if you were to apply that value, translates to about $3.45 million dollars on Starlit Lane. The closest comp he had was across the creek and a little to the north where a smaller home was built, a 2000 square foot home that sold for $714.00 a square foot which translates to $4.1 million dollars on a 5,750 square foot home that's proposed. Grant Sharp, applicant, makes his comments to the board. He said that he and his wife bought the house and used logs from Lenado. They moved in, had a son, loved the house, but during the winter snow was coming in between the logs. They took on the idea of expanding and found out from Alan Richman that if they didn't get their permits in, the setbacks would then put them in the situation they are in today. His way of paying for it was going to be to build another house nearby, sell it, use the proceeds and live in it in between. Of course, he ended up taking a loan for 1.9 million dollars and then selling the property for 1.75 million. He lost out on the land costs, he had to pay off the rest of the loan and at the same time trying to build this other one he had to pull the plug. He said that his dream house is now his nightmare, He can't live in it. He can't finish it to live in it. He can't sell it and he really can't afford to pay the mortgage on it. Commissioner Newman said that the valuations were almost irrelevant and he would question the accuracy. An appraiser would not use a price per square foot for a home on a lot. They would use a price per square foot for a condominium unit. So that is aside. Commissioner Newman then asked Mr. Sharp if he were granted a taking, what would be his next step. Mr. Sharp said until he's granted a taking and told what he can do, he doesn't know. However, in a perfect world he would love to get the permit and go back and finish building the cabin. He didn't take a loan out; he put his cash into it. He has a loan on the original house, but all the construction was paid for out of pocket. Commissioner Hatfield said that he's sure the board is sensitive to the applicant's situation, but this has nothing to do with valuation. Can you build or not to meet the current Code. If you can't build, he said he thinks the board should move forward and declare a taking. Commissioner Ittner made the following statement as he has not been in on many takings and wanted to clarify what happens: He said that if the board declares a taking then it goes to remediation. Then that remediation defines either compensation for the applicant or a variance to the Code, as approved by the board. BOARD OF COUNTY COMMISSIONER 12 REGULAR MEETING DECEMBER 5, 2012 John Ely said he would re -state the second "or" in Commissioner Ittner's statement. He said he would express it as direction to Lance Clarke to come back to the board with a proposal for remediation that would involve construction. Therefore, that would incorporate trying to accommodate as much of or whatever limitations are on site of the setbacks, the other development criteria that are in the Code, of the comments that were furnished to the board in this packet, particularly the road and the comments from the Fire District as well as the statements made by Peter (Thomas) and his submission. Commissioner Hatfield moved to support staff's recommendation that a taking has occurred and have staff work through the remediation process and bring it back to the board, inclusive of the Fire District and the easement issues, and all that part of the remediation. Commissioner Richards seconded the motion. NOTE: Commissioner Ittner asked to add a friendly amendment as follows: staff's direction to any recommendations that might limit the environmental impact to the river regarding any further construction that goes on at the site. This amendment was acceptable to Commissioner Haffield and Commissioner Richards. Chairman Owsley called the motion, now amended. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOCC OPEN DISCUSSION: Commissioner Haffield had a resident call him and bring to his attention that there has been a request for a Special Use Permit for fireworks at a private function at the east side of town. The caller made several arguments about wildlife, disturbance, and public safety. He spoke to Sheriff Joe DiSalvo who said public safety wasn't an issue because of the current moisture content. Discussion ensued on this request. STAFF DIRECTION — Staff should look into environmental impacts negative to the Roaring Fork and are there different or better quality fireworks to buy these days. Also, regarding the general and broader fireworks procedure, the City of Aspen requires some form of noticing to the neighbors so that they are aware of when the fireworks would be set off. If possible, noticing could happen through the Caucus for that area, should one exist. Staff should also check other environmental, social and health concerns. ADJOURNMENT: Commissioner Richards moved to adjourn the Regular Meeting at 3:32 PM. Commissioner Hatfield seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOARD OF COUNTY COMMISSIONER 13 REGULAR MEETING DECEMBER 5, 2012 Respectfully submitted, i Lyxl'dee . Dean Clerk t . the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chair of the Board of County Commissioners glbocclm in utes120121reg112052012 BOARD OF COUNTY COMMISSIONER 14 REGULAR MEETING DECEMBER 5, 2012