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HomeMy WebLinkAboutBocc Packet 01222014 MinutesPITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA RIO GRANDE MEETING ROOM TUESDAY, NOVEMBER 19, 2013 9:00 AM Prosperous Economy Budget Presentation 12:00 Working Lunch — Brown Bag • Prep for EOTC Meeting • Memos of Interest (None) • Future Agendas/Agenda Requests/Monthly Calendar • BOCC Open Discussion o Boulder Disaster Aid During Flooding (No Packet Material) Brian Pettet Nan Sundeen 1:00 PM Special Meeting - BOCC Convenes As Board of Health Public and Environmental Health Quarterly Update Adjourn Special Meeting - BOCC Adjourns as Board of Health Nan Sundeen Liz Stark 2:00 Special Meeting - BOCC Convenes as Board of Social Services Update with the Department of Human Services Adjourn Special Meeting — BOCC Adjourns as Board of Social Services Nan Sundeen Mitzi Ledingham Kim DuBois Kathleen Lyons Marty Ames 3:00 BREAK 3:15 Air Service Study Phase 1 Report Jim Elwood 5:00 PM ADJOURN THURSDAY, NOVEMBER 21, 2013 2:00 PM Site Visit to LAFKLC LLC Proposed Greenhouses 4:00 TO 6:00 PM Elected Officials Transportation Committee Meeting at City Hall City to Host and Chair AGENDA SUBJECT TO CHANGE MINUTES OF WORK SESSION Date: November 19, 2013 Meeting Start Time: 9:00 AM Commissioners present: Commissioners not present: Steve Child n Steve Child Rob Ittner Rob Ittner Fq George Newman ..... George Newman Michael Owsley n Michael Owsley NI Rachel Richards ❑ Rachel Richards WORK SESSION ITEM: Prosperous Economy Budget Presentation - Jon Peacock introduced the Core Focus area and the success factors represented. Connie Garofalo described the departments and overall budget that comprise the area. Jim Elwood presented the issues addressed in 2013, improvements planned for the future and trends experienced. Brian Grefe described the capital improvement projects completed in 2013 and planned in the 2014 budget. Discussion ensued. Brian reviewed the Buy Up requests in the budget. The Board requested additional information on the electric charging station request. Jim reviewed the five-year plan. Jon gave an update on the Valley Health Alliance's status, goals and 2014 initiatives. Discussion followed. Connie summarized the changes in staffing for 2014. Dannette Logan presented Human Resource activities and issues from 2013. She reviewed the 2014 initiatives for compensation and the 0.5% wage pool Buy Up. Jon reviewed the health insurance proposed budget and major themes and changes being addressed. John Loyd reviewed the Information Technology and GIS budgets and projects for 2014. Phylis Mattice reviewed the Translator Fund budget plan. Tom Isaac reported on property value trends. Janice Vos Caudill reviewed election data from this past year. Discussion followed. Tom Oken reviewed Treasurer's statistics for foreclosures and fees. Jon reviewed the BOCC initiatives and the Buy Up request for an intern position. STAFF DIRECTION: The Board supported the 2014 Airport Buy Ups and five year plan as presented. The Board supported the $50,000 in the budget for the Valley Health Alliance. The Board supported the compensation plan adjustments as presented. The Board supported the Buy Up for a Document and Record System Manager. The Board supported the Translator Buy Up for a one year position. The Board supported the Manager's Office Buy Up for an intern position. WORK SESSION ITEM: Prep for EOTC Meeting — Brian Pettet reviewed the items scheduled for the 11/21 meeting. Tom Oken described other jurisdiction's input on the proposed budget decision process change. Discussion followed. The Board discussed a potential Retreat for EOTC. STAFF DIRECTION: The Board provided input on the scheduled agenda items. WORK SESSION ITEM: Memos of Interest - None WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars 1. Jon Peacock raised questions about the 11/20 regular meeting schedule for Celestial and Marijuana Licensing. Discussion followed. John Ely presented the process to be followed for the Celestial appeal. The Board discussed the process to be followed. WORK SESSION ITEM: Open Discussion 1. Nan Sundeen and Mitzi Ledingham summarized their experience in assisting Boulder County during the September flood emergency. THE BOARD CONVENED A SPECIAL MEETING AS THE BOARD OF HEALTH THE BOARD CONVENED A SPECIAL MEETING AS THE BOARD OF SOCIAL SERVICES 1 WORK SESSION ITEM: Air Service Study Phase 1 Report, Jim Elwood Jim Elwood opened with introductions of the team including Joseph Pickering of Mead & Hunt, Sam Cherry, Mena Salib and Pierre Sabbaugh, of Bombardier and JD Ingram of Jviation. Mr. Elwood proceeded to provide a brief overview of Phase I of the Future Air Service Planning Study and the recognition of changing aircraft technology and design and future air service for Aspen. Joseph opened the presentation with an overview of the phase of the study stating that it was developed to provide insight on relevant industry trends related to regional service and focused on three areas: current trends, changing technology of future regional aircraft that may be capable of serving Aspen and actions that should be considered to sustain future air service. Local aviation trends --- Joseph talked about some of the service trends into ASE and the fleet types that serve the market. He stated that the future trends of 90-100 are not that different from the aircraft that have served ASE in the past. He also touched on the Regional air service -- fleet makeup 60% are made up of 50 seat jets and that they are transitioning out of service now. He indicated there is a trickle -down effect impacting the demand for the 70 seat jets. He stated that this is a trend for the future trend of the CRJ700s. He stated that the shift away from the 70 seat jet is already underway and review the delivery schedule in the US for the CRJ700. He reviewed the next generation aircraft that would likely be able to serve the ASE market and which ones are constrained by the current wingspan restriction. Joseph responded to clarifying questioned posed by Commissioner Richards. He went onto to discuss the regional jet technology and turned to Sam Cherry for further presentation. Sam discussed the development of the CSeries which is the future aircraft to replace the CRJ aircraft. He discussed the Bombardier commercial aircraft portfolio, He provided a history of the changing technology and design of the regional aircraft along with changes to the fleet growth in the 50 seat, 70 seat and 99+ seat aircraft and the connection to the price of oil/jet fuel, and the changing market demand for both jets and turboprops. Sam provided an extensive history on the changing market demand, changing technology with the development of winglets, fuel burn efficiency, aircraft performance, passenger comfort, operating costs, noise and CO2 emissions and other components. Mr. Pickering reviewed the key items learned to -date: • CRJs provide a 100% of the ASE air service • The 70 seat jet is in high demand due to the retirement of the 50 seat jet • Estimated lifespan of the CRJ700 is 15-17 years • Over half of the US fleet is anticipated to be retired by 2021 General questions were posed by the Board and included the following items: • Are there airports with similar restrictions? How would Phase II affect the GA market? • How does the noise affect West Buttermilk homes? • How does this impact the 2nd FBO, the environmental assessment? • Can Phase H and Phase HI be combined? • How does the future seat capacity change with future entry of the newer aircraft entering the market? • How would this impact the current landed weight restriction and pavement strength? • Can alternatives be quickly prioritized? Responses were provided by Mr. Elwood, Mr. Pickering, and Mr. Cherry and general discussion followed. Mr. Elwood spoke to the staff's recommendation to proceed to with Phase II of the study. He discussed the elements that are contemplated as part of Phase II and Phase III. STAFF DIRECTION: The Board directed staff to proceed with a budget request to move forward with Phase II of the study. Adjourned at 5:00 PM Prepared by: Respectfully submitted: Phylislattice, Assistant County Manager K. Vos Caudill, Clerk and Recorder George Newman, Chairman Board of County Commissioners 3 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room (Commissioner Ittner not present) WEDNESDAY, JANUARY 8, 2014 - 12:00 NOON Additions/Deletions to Agenda Public Comment, Commissioner Comment CONSENT ACTIONS 1. Minutes of Work Sessions of 12/10 and 12/17, Special Meeting of 12/10, and Regular Meeting of 12/18/2013 2. Resolution Making Board Appointments to Various Boards and Commissions and Appointment of Chair and Vice Chair, Jon Peacock (Packet material to be handed out at the meeting) CONSENT ACTIONS- 1st Readings, Set for Public Hearing on January 22 3. Resolution Authorizing IGA authorizing a GOCO Grant Agreement for Glassier Ranch, Dale Will CONFIRMATORY READING & PUBLIC HEARING 4. Emergency Resolution Approving an Intergovernmental Agreement for Provision of Mutual Aid to Estes Park, Jon Peacock 2°' Reading and PUBLIC HEARING 5. Ordinance Prohibiting the Consumption of Alcohol on Unlicensed Public Premises for the Duration of the 2014 X-Games, Ron Ryan, John Ely 6. Ordinance Setting Tipping Fees at the Solid Waste Center, Cathy Hall 7. Resolution Establishing the Formula for the Distribution of the Municipal Share of County Sales Tax Revenue for the Year 2014 as Required by Resolution 78-121, Susan Atwood 8. Resolution Providing Supplemental Appropriations to the 2013 budget (June - Dee), Susan Atwood 9. Resolution Approving an Intergovernmental Agreement with the Forest Service Assigning Maintenance Responsibilities for Roads Accessing US Forest Service Lands, Brian Pettet & Mike McAndrews 10. Ordinance Authorizing the Chairman to Execute a Lease Agreement for Space at the Michael W. Schultz Health And Human Services Building, Jodi Smith 11. Resolution Adopting an Intergovernmental Agreement with Eagle County for CSU Extension Horticulture/Small Acreage Management Services, Jon Peacock LAND USE PUBLIC HEARINGS 1. River Rock Corporation Major Plat Amendment, (Continued from 12/18/13), PH (PN 9/19/13), S. Wolff 2. Larson Site Plan Amendment, PH (PN 12/5/13), S. Wolff 3. Continental Divide Company Amendment to Development Pei it and TDR Sending Sites, PH (PN 12/5/13), S. Wolff 4. TDR Program Update, (Continued from 12/18/13 at the request of the BOCC), PH (PN 11/14/13), S. Wolff BOCC OPEN DISCUSSION ADJOURN MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 8, 2014 PLAZA ONE MEETING ROOM • The agenda items contained in these minutes are written in an action only format. • For a video and/or audio production of this meeting, go to: • http://www.aspenpitkin.com/Departments/Board-of-County-Commissioners- (BOCC)/County-Webcasts/ • To access the Board of County Commissioners meeting packet material and meeting minutes associated with the items listed in these minutes go to: laserficheweblink CALL TO ORDER: Chairman George Newman called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Rachel Richards, Michael Owsley, George Newman and Steve Child COMMISSION MEMBERS ABSENT: Commissioner Rob Ittner was on vacation ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENT: David Ryendell spoke on behalf of his event company, the Town of Basalt Environmental Board and the Green Team, to thank and give gratitude to Pitkin County for their help with the 2013 Leaf Drop Collection. COMMISSIONER COMMENTS: Commissioner Child said if you are a veteran of our armed forces, this Thursday, January 9, 2014 at the Basalt Library from 3:30 to 6:30 PM there will be an Open House BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JANUARY 8, 2014 with representatives from the Veteran's Administration to help veterans get plugged into their various programs. Commissioner Child announced that on Saturday night, January 11, 2014 in Glenwood Springs there will be a "contra" dance at the Glenwood Springs Elementary School. It starts at 7:30 PM and he will be playing in the band. Commissioner Richards reminded everyone that Winterskol week is coming up. Exciting things will be going on. Commissioner Richards addressed the tragic events at the Aspen/Pitkin County Airport recently with a plane accident that has affected all of us here in Pitkin County. She thanked the first responders and ail the folks who dealt so very well with this tragedy. Commissioner Newman added his thanks to the first responders as well. He said there was an unbelievable 45 second response after the plane went down. CONSENT ACTIONS: Minutes of the Board of County Commissioners' Work Session Meetings of December 10 and December 17, 2013; Second Special Meeting of December 10, 2013; and Regular Meeting of December 18, 2013 — MOTION TO APPROVE Staff: Lyndee R. Dean, Clerk to the Board of County Commissioners ACTION: Commissioner Richards moved to approve the minutes as presented. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Rob Ittner not present. Reading of Resolution Appointing Chair and Vice -Chair; Commissioner Representatives to Various Boards, Committees and Authorities — MOTION TO APPROVE, AS AMENDED Staff: Jon Peacock, County Manager AMENDMENT REQUEST: Commissioner Richards requested an amendment to this Resolution. Under Colorado Counties, she also needs to have her name shown as an ACTION: Commissioner Richards moved to approve the Resolution Appointing Chair and Vice -Chair; Commissioner Representatives to Various Boards, Committees and Authorities, as amended. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Rob Ittner not present. AT THIS TIME, OUT -GOING CHAIRMAN GEORGE NEWMAN HANDED THE GAVEL OVER TO THE 2014 VICE-CHAIRMAN STEVE CHILD IN THE ABSENCE OF IN- COMING CHAIRMAN ROBERT A. ITTNER, JR. (ROB). BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JANUARY 8, 2014 CONSENT ACTIONS-1sT READINGS, SET FOR PUBLIC HEARING ON JANUARY 22, 2014: First Reading of Resolution Approving an Intergovernmental Agreement with the State Board of the Great Outdoors Colorado Trust Fund (Glassier Ranch) — MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING SET TO JANUARY 22, 2014 Staff: Dale Will, Director of Pitkin County Open Space and Trails ACTION: Commissioner Richards moved to approve the first reading of the Resolution Approving an Intergovernmental Agreement with the State Board of the Great Outdoors Colorado Trust Fund and set second reading and public hearing to January 22, 2014. Commissioner Newman seconded the motion. Motion passed unanimously 3 to 1 with Commissioners Richards, Newman and Child voting aye, Commissioner Owsley voting nay and Commissioner Rob Ittner not present. (Commissioner Owsley said that he appreciates GOCO's participation in the purchase of properties in Pitkin County, but he has opposed this purchase from the beginning primarily because it is outside Pitkin County.) CONFIRMATORY READING AND PUBLIC HEARING: Confirmatory Reading and Public Hearing of Emergency Resolution Approving an Intergovernmental Agreement with the Town of Estes Park, Within the County of Larimer, Colorado, for Flood Related Aid — MOTION TO APPROVE ON CONFIRMATORY READING AND PUBLIC HEARING Staff: Jon Peacock, County Manager ACTION: Commissioner Richards moved to approve the Emergency Resolution Approving an Intergovernmental Agreement with the Town of Estes Park, within the County Of Larimer, Colorado, for Flood Related Aid on Confirmatory Reading and Public Hearing. Commissioner Owsley seconded the motion. Motion passed unanimously 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Rob Ittner not present. 2ND READING AND PUBLIC HEARINGS: Second Reading and Public Hearing of Ordinance Prohibiting the Consumption of Alcohol on unlicensed public premises for the duration of the 2014 ESPN Winter X Games — MOTION TO APPROVE ON SECOND READING AND PUBLIC HEARING Staff: John Ely, County Attorney ACTION: Commissioner Newman moved to approve the second reading and public hearing of the Ordinance Prohibiting the Consumption of Alcohol on unlicensed public premises for the duration of the 2014 ESPN Winter X Games. Commissioner Owsley BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JANUARY 8, 2014 seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Ittner not present. Second Reading and Public Hearing of Resolution Setting Tipping Fees for the Solid Waste Center — MOTION TO APPROVE ON SECOND READING AND PUBLIC HEARING Staff: Brian Pettet, Public Works Director and Cathy Hall, Solid Waste Manager ACTION: Commissioner Newman moved to approve the second reading and public hearing of the Resolution Setting Tipping Fees for the Solid Waste Center. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Ittner not present. Second Reading and Public Hearing of Resolution Establishing the Formula for the Distribution of the Municipal Share of County Sales Tax Revenue for the year 2014 as required by Resolution 78-121 — MOTION TO APPROVE ON SECOND READING AND PUBLIC HEARING Staff: John Redmond, Director of Finance and Susan Atwood ACTION: Commissioner Newman moved to approve the second reading and public hearing of the Resolution Establishing the Formula for the Distribution of the Municipal Share of County Sales Tax Revenue for the year 2014 as required by Resolution 78- 121. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Ittner not present. Second Reading and Public Hearing of Resolution Providing Supplemental Appropriations to the 2013 Budget (June through December) — MOTION TO APPROVE ON SECOND READING AND PUBLIC HEARING Staff: John Redmond, Director of Finance and Susan Atwood ACTION: Commissioner Richards moved to approve the first reading of the Resolution Providing Supplemental Appropriations to the 2013 Budget (June through December). Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Ittner not present. Second Reading and Public Hearing of Resolution Approving the Intergovernmental Agreement Assigning Maintenance Responsibilities for roads accessing United States Forest Services Lands — MOTION TO APPROVE ON SECOND READING AND PUBLIC HEARING Staff: Brian Pettet, Director of Public Works and Mike McAndrews, Road and Bridge Superintendent ACTION: Commissioner Newman moved to approve the second reading and public hearing of the Resolution Approving the Intergovernmental Agreement Assigning Maintenance Responsibilities for roads accessing United States Forest Services Lands. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JANUARY 8, 2014 Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Ittner not present. Second Reading and Public Hearing of Ordinance Authorizing the Chairman to execute a Lease Agreement (Aspen Homeless Shelter) for Space at the Michael W. Schultz Health and Human Services Building — MOTION TO APPROVE, AS AMENDED, ON SECOND READING AND PUBLIC HEARING Staff: Jodi Smith, Facilities Superintendent AMENDMENTS TO LEASE: Jodi Smith announced the following two changes in the lease, agreed to by the lessee. They were: ✓ On page 3 of the lease, the word "excessive" was added to item 3.1 in front of the word plumbing. ✓ On page 3, in Item II f, the word "routine" was added before the word clogs. ACTION: Commissioner Richards moved to approve an Ordinance Authorizing the Chairman to execute a Lease Agreement for Space at the Michael W. Schultz Health and Human Services Building, with amendments, on second reading and public hearing. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Ittner not present. Second Reading of Resolution Approving an Intergovernmental Agreement with Eagle County for CSU (Colorado State University) Extension Horticulture/Small Acreage Management Services — MOTION TO APPROVE ON SECOND READING AND PUBLIC HEARING Staff: Jon Peacock, County Manager ACTION: Commissioner Richards moved to approve the second reading and public hearing of the Resolution approving an Intergovernmental Agreement with Eagle County for CSU (Colorado State University) Extension Horticulture/Small Acreage Management Services. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Richards, Owsley, Newman and Child voting aye and Commissioner Ittner not present. LAND USE PUBLIC HEARINGS: Continued Reading and Public Hearing of Resolution Approving the River Rock Corporation, Luzern Corporation and Basel Corporation Subdivision Exemption for Major Plat Amendment and Scenic View Protection Review — MOTION TO APPROVE, AS AMENDED Staff: Suzanne Wolff, Senior Planner Applicants: River Rock Corporation, Luzern Corporation, and Basel Corporation Representatives: Glenn Horn and Bart Johnson BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JANUARY 8, 2014 ACTION: Commissioner Richards moved to approve the Resolution Approving the River Rock Corporation, Luzern Corporation and Basel Corporation Subdivision Exemption for Major Plat Amendment and Scenic View Protection Review with the following amendments: ➢ To limit the increased FAR from the calculations allotted on Lot 0 to only an additional 1000 square feet on Lot 1 ➢ And further, to amend that all three lots (Lots 1, 2 & 3) will be deed restricted to not allow the acceptance of additional TDRs on that site. (The Development Agreement will be amended consistent with the Resolution to allow new development limitations ➢ Modifying Recital 10 (to be shown in condition 4) to show only 3100 square feet for Lot 1 and the appropriate development modification to now allow additional TDRs to land on the three sites. ➢ There will also be added a three (3) year vesting right condition. Commissioner Newman seconded the motion. NOTE: Staff will place amendments in appropriate places in either the Resolution and/or the Development Agreement, where needed. Motion passed 3 to 1 with Commissioners Richards, Newman and Child voting aye, Commissioner Owsley voting nay and Commissioner Ittner not present. (Although the board looked at this approval as a compromise, Commissioner Owsley called it a concession and did not support it). Reading and Public Hearing of Resolution Approving the Larson Site Plan Review Amendment — MOTION TO APPROVE, AS AMENDED Staff: Suzanne Wolff, Senior Planner Applicant: Matthew R. Larson ACTION (1sT MOTION): Commissioner Newman moved to approve the Resolution Approving the Larson Site Plan Review with the following amendments: ➢ Approving the 190 square feet above garage with sub -grade limited to 750 square feet for garage, 250 square feet for mechanicals and allowing a stairway access directly into the house ➢ Prohibit outside parking, except for guests. Put together a Construction Management Plan to insure that cars and trucks are not parking on the Shield 0 Road. ➢ New vested right for three (3) years from today. ➢ Condition 6a. — Allow a line through the gamble oak stand to connect to the septic system and to minimize that to the extent possible and re -vegetate afterwards. ➢ Condition 17 — Install an approved, automatic fire suppression system in the residence, with the following word additions: if required by the Basalt Fire Department, the Land Use Code and the Building Code at the time of building permit issuance. ➢ The wording of Condition 4 will be changed to allow some flexibility in terms of the entire lower level not being entirely visible. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JANUARY 8, 2014 Commissioner Owsley seconded the motion. Motion failed 2 to 2 with Commissioners Newman and Owsley voting aye and Commissioners Richards and Child voting nay. ACTION (2ND MOTION): Commissioner Child moved to approve the Resolution Approving the Larson Site Plan Review with the following amendments: ➢ Approve 1600 square feet above grade and in sub -area so they line up ➢ 750 square feet subgrade garage and 250 square feet mechanical, laundry room and whatever size is taken for the interior stairway (modest) ➢ Condition prohibiting outside parking, except for guests. Construction Management plan to prevent parking of cars and trucks on Shield 0 Road during construction. ➢ Condition 6a - Allow line to go through gamble oak stand to connect to the septic system (and to minimize that to the extent possible and re -vegetate afterwards). ➢ Condition 17 — Install an approved, automatic fire suppression system in the residence, with the following word additions: if required by the Basalt Fire Department, the Land Use Code and the Building Code at the time of building permit issuance. ➢ New vested right for three (3) years from today. ➢ Condition 6a. — Allow a line through the gamble oak stand to connect to the septic system and to minimize that to the extent possible and re -vegetate afterwards. ➢ The wording of Condition 4 will be changed to allow some flexibility in terms of the entire lower level not being entirely visible. Commissioner Newman seconded the motion. NOTE: AFTER FURTHER DISCUSSION, COMMISSIONER CHILD AMENDED HIS MOTION AS FOLLOWS. COMMISSIONER NEWMAN AMENDED HIS SECOND AS WELL TO AGREE WITH THE FOLLOWING CHANGE: ➢ The first and second bullets would be deleted and in their place would be the following wording: Approve 1664 square feet above grade and 1664 square feet below grade. Motion passed 3 to 1 with Commissioners Child, Newman, and Owsley voting aye, Commissioner Richards voting nay as she is against the excavation and additional square footage and Commissioner lttner not present. Reading and Public Hearing of Resolution Approving the Continental Divide Company Amendment to Board of County Commissioner Resolution no. 95-22 — MOTION TO APPROVE, AS AMENDED Staff: Suzanne Wolff, Senior Planner Applicant: Continental Divide Company Representative: Roger Marolt AMENDMENTS: ➢ Commissioner Richards requested a reverter clause that would say should the Forest Service at some future date ever put this on their disposal lists that it would revert to Pitkin County. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JANUARY 8, 2014 ➢ Commissioner Richards requested a covenant that would extend to mineral rights, to the extent that the mineral rights have not been severed. ➢ County Attorney John Ely gave wording to include a modification to condition 4 that would change the wording of that condition to read: Concurrent with issuance of eight (8) TDR Certificates, the Applicant shall record a Restrictive Covenant preventing future development of all of the property "and describe in there surface estate as well as mineral estates". (That way, he said, to the extent that the applicant owns and controls the mineral interests below this property that's done. And, to the extent that they are owned by other private individuals the applicant doesn't have the ability to restrict that anyway). And then if the board wants to pursue the ideas that Commissioner Richards and Commissioner Child have about an additional property interest, Mr. Ely suggested adding an additional paragraph that would read: The issuance of the TDR Certificates shall be coupled with (he suggested conveyance of the property to the County (or something to that effect) to the strongest degree possible that is acceptable to the United States Forest Service assuming acceptance of that property. (That way, he said, we will get what we can get to secure the property into the future as much as we can without frustrating the obvious intent which has been expressed and conveyed by the Forest Service with the hopes that one day it will be incorporated within the wilderness boundary, however that might be "morphed" into this). ACTION: Commissioner Newman moved to approve the Resolution Approving the Continental Divide Company Amendment to Board of County Commissioner Resolution no. 95-22 with the amendments above and as proposed by the County Attorney. Commissioner Owsley seconded the motion. Motion passed 3 to 1 with Commissioners Richards, Newman and Child voting aye, Commissioner Owsley voting nay and Commissioner Ittner not present. ANNUAL REVIEW OF THE TRANSFERABLE DEVELOPMENT RIGHTS (TDR) PROGRAM — NO MOTION REQUIRED Staff: Suzanne Wolff, Senior Planner NO MOTION IS REQUIRED FOR THIS REVIEW. BOCC OPEN DISCUSSION: A discussion among the Commissioners developed regarding the CCI Survey of Priorities for upcoming NACCO. ADJOURNMENT: ACTION: Commissioner Newman moved to adjourn the meeting at 6:00 PM. Commissioner Richards seconded the motion. Motion passed 4 to 0 with BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JANUARY 8, 2014 Commissioners Child, Richards, Newman and Owsley voting aye and Commissioner Ittner not present. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JANUARY 8, 2014 Respectfully submitted, L 'fir d'ee RDDean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Steve Child Vice -Chair of the Board of County Commissioners glbocclminutes120141reg101082014 BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JANUARY 8, 2014