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HomeMy WebLinkAbout06.14.11 OSTB and BOCC Reg min signed MINUTES OPEN SPACE AND TR.AILS BOARD AND BOARD OF COUNTY COMMISSIONERS REGULAR JOINT MEETING OF JUNE 14,2011 Plaza One Meeting Room 530 East Main Street,Aspen Open Space Board Members Present: Anne Rickenbaugh(Chair),Hawk Greenway, Howie Mallory Board of County Commissioners: Michael Owsley(Vice Chair),Jack Hatfield,Rob Ittner Others Present: Dare Will,John Armstrong,Fran Soroka,Lindsey Utter,Paul Holsinger,Jon Peacock Media: Janet Urquhart,Andrew Travers,Marci Krivonen DOW: Kevin Wright,Perry Will,Mike Porras,Julie Mao,Dorthea Farris(DOW Wildlife Commissioner) Public: Patti Kay Clapper,Tim Persutti,John Wilkinson Anne Rickenbaugh and Michael Owsley called regular joint meeting to order at /0:16 a.m. in the Plaza One Meeting Room. PUBLIC COMMENT There was no public comment. STAFF COMMENTS Brush Creek Valley/Droste Mountain Park The Mountain Park's second access portal through Hidden Valley was opened June 10th Dale Will acknowledged all the trail construction efforts by Town of Snowmass Village Parks&Recreation Department,Pitkin OST'Maintenance Crew,City of Aspen Parks& Recreation Department and the volunteers that joined in with the Roaring Fork Outdoors Volunteers on National Trails Day. Snowmass Village Parks and Recreation,Pam Mulleavy,was specifically mentioned for skillfully maneuvering the trail busting machine. Naming committee assemblage is moving forward. The committee will meet over the summer and will be empowered to select a name with a naming goal of September 15 . The committee will be charged with soliciting public input Naming committee will be comprised of seven members: one from Aspen Council, Snowmass Council,Pitkin BOCC, and one member from each entities open space board,plus one member representing Aspen Valley Land Trust. OSTB will be represented by Hawk Greenway. Jack Hatfield will represent the BOCC. Plans for June 28th Opening Day Cerebration is progressing. Colorado State Senator, Gail Schwartz has confirmed she will attend and speak at the celebration. The BOCC requested an invitation be extended to Colorado U.S. Congressman, Scott Tipton. BOCC asked if information about the Mountain Park's access points,terrain and user skill levels have been provided to the public. Staff responded access information has 6/14/2011 OSTB and BOCC Regular Joint Session Minutes Page 1 of 6 • been posted on the website, area maps are posted at kiosks, and more specific detailed informational handouts will be developed.. Dale added the trail through Hidden Valley was designed as an intermediate trail while the climb up from Radar Road is more advanced with areas of sustained 18%grade. Development of the long range management plan is on schedule. The overall wildlife study and cultural historical survey is currently being conducted. Staff is anticipating adoption of the long range management plan by the end of 2011. Rio Grande Trail Woody Creek Section _ Lindsey Utter recently met with Colorado Department of Transportation(CDOT)to review CDOT's comments on the bridge structural specifications and adjacent trail . . specifications.CDOT was pleased with OST's submission and made only minor comments. Next step is review from CDOT's Denver headquarters,and that Will take a minimum of two months.Project construction will be determined when final our.: approvals are received and at that time the seasonal viability for construction.Bridge. .-. setting and trail completion from Woody Creek intersection to Elam Road are considered one project(Phase 2). Phase 1 will be completed this summer when soft surface areas are finished and clean up from last year's paving is completed from Elam Road to McLain Flats Road. Staff is beginning to develop a public scoping process for the Rio Grande Trail from McLain Flats to Stein Park. Tim Persutti entered joint regular session at 10:40 a.m. Kevin Wright, Perry Will, Mike Porras, and Julie Mao entered joint regular session at 10:45 a.m. Other Power Driven Mobility Device(OPDMD)Management Pla4.—Drafi The OPDMD Management Plan is in response to recent Department of Justice ADA compliance ruling. Wheelchairs are not considered an OPDMD and as such are allowable where they can be operated. The DOJ ruling defined limitations for OPDMD use.. The draft management plan is currently soliciting public comments ending June 28th. Staff has been working with other RGT entities seeking a uniform policy. After public . comment period,staff plans to bring back to both Boards the master plan for adoption in July. Other Power Driven Mobility Devices are only to be used on the Pitkin County OST system by those individuals with mobility impairments'. OPDMD use on Pitkin County's OST system will be designated into three categories: . . . • Open trails: open to OPDMD use (trails that are similar to roads. example: Smuggler Mountain Road and Midnight Mine Road) • Restricted trails: OPDMD use is restricted and the device must fit requirements (wider dual surface trails. example:Rio Grande Trail) • A width of 32"or less Other Power-Driven Mobility Device Management Plan Draft is attached hereto and made apart of this record as "Exhibit A" 6/14/2011 OSTB and BOCC Regular Joint Session Minutes . Page 2 of 6 • Must be electrically powered • Vehicle must weigh 60 lbs. or less(not including the rider) Closed trails: OPDMD use is prohibited or the trail is closed to the public (soft surface steep single track trail areas) Dale Will encouraged both Boards to express any additional concerns or comments using the public comment link posted on the OST website or by direct email to Lindsey Utter Introduction-Paul Holsinger, OST Land Officer Bard D'Autrechy introduced OST's new Land Officer. Paul's last position was as a Trust Fellow with the Colorado Cattlemen's Land Trust where he held the position for a last year and a half Before that he was with Legacy Land Trust As Land Officer he will be stewarding all OST's conservation easements and post acquisition administrative processes. The Land Officer position resulted from the 2009 OST Strategic Plan implementation authorized by both Boards. BOARD COMMENTS Ashcroft Cabins The BOCC requested more information on how and when the Sunegga Cabin will be removed. Dale responded with some historical background and added the original` agreement with the National Forest Service was to have both the Sunegga and Fitzpatrick cabins removed by the time of the land transfer to the Forest Service. Since the land transfer the Forest Service(FS)waived the original requirement and extended the removal to December of 2011. Staff and OSTB have purposed an auction this summer for sale and removal. The cabin of interest will be the Sunegga which has built by Stewart Mace and holds historic value and is in better shape. The auction will give extra bidding points to any non-profit agency that would keep the cabin in public use A new development occurred June 13th when Dale received a call from the FS saying the FS needs to do a cultural survey(Section 106)prior to removal. Staff will be working with the FS as this saga continues. Dorthea Farris and Patti Kay Clapper entered joint'regular session at`10:55'aan Living with Coyotes—DOW Presentation OST invited DOW to come and share their coyote knowledge with the Boards and the public. This request resulted from a recent incident on Smuggler Mountain when Et coyote took a dog from the trail with owners present.Dale included with his introduction OST's philosophy to manage properties in concert with each property's natural ecology. Colorado Division of Wildlife(DOW)representatives Kevin Wright,Perry Will (Wildlife Manager& Supervisor DOW area 8),Mike Porras (Public Information Officer DOW area 8),Julie Mao(local DOW Wildlife Biologist), and Dorthea Farris(DOW Wildlife Commissioner)were present to discuss coyotes. Topic began with a power'''' point presentation narrated by Kevin Wright2. The presentation consisted of Coyote biology, Colorado's nuisance wildlife laws,and wildlife conflict solutions.Kevin added information not in the power point content. State regulation specifically prohibits the 2A copy of the DOW's Coyote power point presentation is attached hereto and made part of this record as "Exhibit B" 6/14/2011 OS'1B and BOCC Regular Joint Session Minutes Page 3 of 6 feeding of foxes and coyotes also the Town of Snowmass Village has an ordinance prohibiting the feeding of all wildlife. If a human is bitten the DOW will try to remove and euthanizethat coyote,but finding the actual offending coyote is very difficult. The local DOW does want to be informed when aggressive coyote behavior is observed.The County can apply for a thirty day exemption to Amendment 14 (prohibits banned leg- hold type traps)when there are human health and safety concerns. DOW has found that coyote eradication programs do not work and can actually lead to coyotes compensating.. with increased litter size. Hazing coyotes(yelling,air horns,rocks, etc)has been found • to be the best deterrent and re-instills a coyote's healthy natural fear of people,,,.. Rob Ittner asked if there is any indication that the area's coyote population is growing and if coyote incidents are tracked by DOW. Coyote populations are not surveyed by the DOW and coyotes are actively hunted in the Roaring Fork Valley. Along the.Front Range incidents are tracked more closely than here,but Kevin included that he feels..the number of incidents are increasing and correlates to the valley's increasing population and coyote's increased human habituation. Kevin continued coyotes do not distinguish pets from other wildlife prey,competitor, or threat to their den. Small pets in particular. are viewed like any other source of food. Rob also asked what would trigger a .::,.... ... municipality to pursue a thirty day trapping exemption and how would a municipality. utilize the permit. Perry answered,if there was a threat to human health and safety then exemption would be issued through.the Colorado Department of Health and the permit:. issued by the local DOW office. Then DOW would use a wildlife service as their agent to set the trap.Kevin cautioned,that these traps are designed to kill and will contain a scent which will attract not only coyotes but unleashed dogs. Coyotes will not be relocated by DOW. Hawk Greenway asked for more information about the effectiveness of coyote hazing. Most of the research has occurred along the Front Range especially from the Denver communities. Those communities that have practiced hazing techniques have seen decline in coyote activity within their communities. DOW has posted signs at the base of Smuggler Mountain instructing the public how to react in a coyote's presence. Do not to run,fight back,and carry noise makers or rocks to throw at the coyote to intimidate and make your presence fearful to the coyote. Anne Rickenbaugh asked if the public should be aware of other predators:Mountain lion and great homed owl were noted.. Last winter's heavy snow fall kept the mountain lion's favorite food sources the mule deer at lower elevations. This fact is probably why the upper Rio Grande Trail saw a lot of mountain lion activity including an elk calf carcass near a home in the W/J subdivision. Jack Hatfield asked if coyotes have other predators beside humans. Wolves have been known to kill a coyote but coyotes are quicker and have been known to taunt the more powerful wolf from their kill. Mountain lion will kill a coyote,but they are not a preferred food source. . Staff was asked and replied that links to DOW's educational information about coyotes and mountain lions has been posted on the OST homepage website with the topic heading `Living with wildlife'. DOW offered additional outreach tools,printed materials,and 6/14/2011 OSTB and BOCC Regular Joint Session Minutes Page 4 of 6 signage. DOW believes in promoting informed responsible pet ownership, consequently when DOW is asked for trail recommendations the majority of the time DOW will recommend that all pets be leashed. Public Comments: Former Pitkin Commissioner and base of Smuggler Mountain resident, Patti Kay Clapper, asked both Boards to consider hosting public coyote hazing trainings similar to what has been offered in Denver. Tim Persutti,Debbie and Richard Jelinek's son-in-law, asked if penalties are associated with feeding foxes and coyotes. Kevin Wright answered there is a monetaryfine. Town of Snowmass Village Councilman,John Wilkensen,asked if DOW would consider recommending to the BOCC re-instituting the leash law on Smuggler Road. Kevin answered on public trails he prefers to see pets on leash at all times. Adding he understands people's desire for their pet to be off leash and under..,. voice command,but the pet owners need to aware and realize what could happen. On behalf of the Boards,Michael Owsley thanked the DOW staff for their presentation: Ranger Report: Ranger,John Armstrong updated the Boards on several recent trail occurrences. Recently along Smuggler Mountain Road two fawns were picked up by hikes believing the fawns had been abandoned. Aspen Ranger,Brian Long responded and retrieved the fawns. This is a reminder not to interfere with wildlife by touching or moving even if you think they need help. Rangers recently issued tickets for Segway use on the Rio Grande Trail. One was the owner of a newly opened Aspen Segway tour business who had incorrect information about trail use.Aspen has approved Segway use on city roads. Segways currently weigh more than 60 pounds and would not be allowed on trails by the OPDMD Management Plan. Recent Aspen Times editorial by Roger Marolt about trail use was briefly discussed and led to further discussions about publicly responding to editorials and public trail etiquette education. John reviewed trail etiquette,everyone yields to horses and bikes yield to pedestrians. Trail etiquette is based on courtesy and safety. Colorado state law requires bicyclists to announce before passing.John added staff has discussed whether to incorporate announced passing within Title 12 code. Inappropriate passing by bicyclists is the second largest trail complaint. The question of how trail etiquette would be applied to OPMD use on trails was discussed. Because OPDMD's are mechanized mobility they would fall into the same category as a bicycle. EXECUTIVE SESSION Both Boards moved to enter executive session in accordance with CRS 24-6-402(4) (a) and(e)for the purpose of discussing acquisitions, and negotiations at 9:03a.m. The Boards adjourned executive session at 10:16 a.m. 6/14/2011 OSTB and BOCC Regular Joint Session Minutes` Page 5 of 6 -- - ADJOURN-:..The Boards joint regular meeting of June 14, 2011 adjourned at approximately 11:50 a.m. Approved; Attest; Alit( An e Rick nbaugh, Chaif ran Soroka „ Pitkin County Open Space.&Trails Board „ Pitkin County Open Space 84 Trails Administrative Assistant Approved;: . , „ , Attest:, , , Michael Owsley,Vice Chair JeannetteJOries.: Pitkin County Board of County Deputy Clerk&Recorder Commissioners, : „, „ „„ ,. 6/14/2011 OSTB and BOCC Regular Joint Session Minutes : : . Page 6 of 6 Exhibit A OTHER POWER DRIVEN MOBILITY DEVICE MANAGEMENT PLAN TO: PITKING COUNTY COMMISIONERS AND OPEN SPACE AND TRAILS BOARD FROM: LINDSEY UTTER SUBJECT: OPDMD MANAGEMENT PLAN DATE: 6/7/2011 CC: Open Space and Trails Staff has prepared the attached draft Other Power Driven Mobility Device Management Plan for Public comment. The plan first reviews the new Department of Justice definitions for a wheelchair versus an other power driven mobilidy device (OPDMD);as well as, the definition of use for each vehicle and the assessment factors to use when determining what kind of OPDMD is allowed and where. Next are the Open Space and Trails Policies for OPDMD use.: Staff inventoried the existing trail systems and designated trails as Open,Closed or Restricted. Maps and justifications for these designations can be found in the Appendix A. A Restricted trail limits OPDMDs to 32"wide or less, a design speed of 20 mph or less,must be electrically powered and a vehicle weight of 601bs or less. Staff developed these requirements by reviewing what we felt could be,used on the Restricted trails safely and without significantly harming the immediate environment.. :It:is important to note that these only apply to OPDMDs,not wheelchairs,arid'all the other OST policies for OPDMD use still apply. The plan is currently out for Public comment arid.review.; We have distributed the plan to all of our adjacent trail management agencies, posted it on the'OST.website and sent it to members of the community who have expressed interest or who we thought might be interested. All comments are due to Lindsey Utter by 5 pm June 28,2011. Lindsey.utteeit co.pi t kin.co.us Once staff has gathered comments and updated the draft OPDMD Management Plan,we will bring it back to the OST Board for final approval on July 7th. The report will go before the BOCC in late July. Exhibit A OTHER POWER DRIVEN MOBILITY DEVICE MANAGEMENT PLAN TO: PITKING COUNTY COMMISIONERS AND OPEN SPACE AND TRAILS BOARD FROM: LINDSEY UTTER SUBJECT: OPDMD MANAGEMENT PLAN DATE: 6/7/2011 CC: Open Space and Trails Staff has prepared the attached draft Other Power Driven Mobility Device Management Plan for Public comment. The plan first reviews the new Department of Justice definitions for a wheelchair versus an other power driven mobility device (OPDMD); as well as, the definition of use for each vehicle and the assessment factors to use when determining what kind of OPDMD is allowed and where. Next are the Open Space and Trails Policies for OPDMD use. Staff inventoried the existing trail systems and designated trails as Open, Closed or Restricted. Maps and justifications for these designations can be found in the Appendix A. A Restricted trail limits OPDMDs to: 32"wide or less, a design speed of 20 mph or less, must be electrically powered and a vehicle weight of 601bs or less. Staff developed these requirements by reviewing what we felt could be used on the Restricted trails safely and without significantly harming the immediate environment. It is important to note that these only apply to OPDMDs,not wheelchairs,and all the other OST policies for OPDMD use still apply. The plan is currently out for Public comment and review. We have distributed the plan to all of our adjacent trail management agencies, posted it on the OST website and sent it to members of the community who have expressed interest or who we thought might be interested. All comments are due to Lindsey Utter by 5 pm June 28,2011. Lindsey.utter(&,co.pitkin.co.us Once staff has gathered comments and updated the draft OPDMD Management Plan,we will bring it back to the OST Board for final approval on July 7th. The report will go before the BOCC in late July. Exhibit A PITKIN COUNTY �Sf PGt.A Np?.. C� 1' OPEN SPACE ti .,-, AND TRAILS ,,kiN Cot OTHER • c:s ‘P POWER— DRIVEN MOBILITY— DEVICE MANAGEMENT PLAN June 7th , 2011 • • .. .4, . '' -- „- ,'o-L • 4110 � : Ai.rreff Mr f r e'\ > lOr• 0, --artegm...** J ' `)‘" ,i ,./, , Lwir ,, , • ' 4 {.......4-41..4.....„. . o • _ A �.P l 1+d 4 ' _.--., Exhibit A TABLE OF CONTENTS Page INTRODUCTION 1 PLAN PURPOSE 1 DEPARTMENT OF JUSTICE OTHER POWER-DRIVEN MOBILITY DEVICE DEFINITIONS AND RULES 2 OPEN SPACE AND TRAILS POLICIES ON OPDMD USE 5 OPEN SPACE AND TRAILS PENALTIES FOR IMPROPER USE OF AN OPDMD 6 Appendix A A-1 OPEN SPACE AND TRAILS BOARD of TRUSTEES MISSION STATEMENT The Mission of the Pitkin County Open Space and Trails Board of Trustees is to acquire, preserve, main- tain and manage open space properties for multiple purposes including, but not limited to, recreational, wildlife, agricultural, scenic and access purposes; and to acquire, preserve, develop, maintain and manage trails for similar purposes. OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Exhibit A INTRODUCTION In recent years, the choice of mobility devices available to individuals with dis- abilities has increased dramatically. Questions began to arise concerning which mobility devices should be accommodated in public facilities and under what circumstances. The Department of Justice (DOJ) responded to these concerns by developing a two-tiered mobility device definition that defined the term wheelchair separately from other power-driven mobility device (OPDMD). Along with this clari- fication in definition, the DOJ established requirements to allow the use of devices in each definitional category. Use of wheelchairs and manually-powered mobil ity aids. A public entity shall permit individuals with mobility disabilities to use wheelchairs and manu- ally-powered mobility aids, such as walkers, crutches, awe. ,, s � canes, braces, or other similar devices designed for ,410{i '.. 4 use by individuals with mobility disabilities in any areas ', �. ' � � ' " open to pedestrian use. ( 35.137 (a) ) • 11 o Use of other power-driven mobility devices. A public • a , entity shall make reasonable modifications in its poli- cies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobil- Wheelchair user enjoying a hiking trail wwwpatriciaebau . ity disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursu- ant to § 35.130(h). ( 35.137 (b.1) ) PLAN PURPOSE The purpose of the Other-Power Driven Mobility Device Management Plan (OPDMD Management Plan) is to define policies and procedures for the use of OPDMDs on Pitkin County Open Space and Trails (OST) properties and easements, in accor- dance with the DOJ direction. Part of the Mission for OST is to acquire, preserve, maintain, and manage properties and easements for recreational and access purposes. OST takes great pride in providing excellent recreational opportunities in breathtaking settings and works to make these opportunities accessible when possible. As previously mentioned, the DOJ rule addressing OPDMD use first clarified a wheelchair versus an OPDMD and established requirements for allowed use of each device. It then defined the Assessment Factors to use when determining what mobility device should be used and where or if an area should be closed to OPD- MDs. The OPDMD Management Plan will define: the DOJ OPDMD guidance; OST's policies on OPDMD use on current OST assets and address use on future proper- ties; approved OPDMD vehicles and the locations where OPDMDs are allowed; and penalties for improper OPDMD use. OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Page 1 Exhibit A DEPARTMENT OF JUSTICE OTHER POWER-DRIVEN MOBILITY DEVICE DEFINITIONS AND RULES The DOJ defines a wheelchair and OPDMD as the following: Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207 (c)(2). (35.104) Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines— whether or not designed primarily for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomo- tion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2). (35.104) The main difference between the two definitions is that a wheelchair must be de- signed specifically for use by individuals with a mobility disability. OPDMDs may be used by individuals with a mobility disability, but that is not necessarily the original design intent of the device. The DOJ defines the use of a wheelchair and the use of an OPDMD as the following: Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use. ( 35.137 (a) ) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its poli- cies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobil- ity disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursu- ant to § 35.130(h). ( 35.137 (b.1) ) OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Page 2 Exhibit A The following Assessment Factors are then used to determine the appropriate de- vice and locations for use of the approved OPDMD device. Assessment factors. In determining whether a particu- Examples of Wheelchairs lar other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall - `\ consider— 'Vi, (i) The type, size, weight, dimensions, and speed of the device; www.westcoastmobility.com (ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); (iii) The facility's design and operational characteris- tics (e.g., whether its service, program, or activity is _'. - conducted indoors, its square footage, the density and . . '"' placement of stationary devices, and the availability of ( v I\ ^® storage for the device, if requested by the user); www.wheelchairslift.net (iv) Whether legitimate safety requirements can be es- tablished to permit the safe operation of the other pow- ,, • er-driven mobility device in the specific facility; and Tffri ice' 4 (v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the ••. immediate environment or natural or cultural resources, 1 or poses a conflict with Federal land management laws and regulations. ( 35.137 (b.2) ) www.wheelchairslift.net Examples of OPDMDs • R f - Cr-: '7 ::?:: a ,_ II. • . :ti' epluselectricbike.com www.segway.com www.world-of-atvs.com OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Page 3 Exhibit A The last element of the new rule clarifies the acceptable way to address an OPDMD user when asking for credible assurance the user requires the device. Inquiry about disability. A public entity shall not ask an in- dividual using a wheelchair or other power-driven mobil- ity device questions about the nature and extent of the individual's disability. ( 35.137 (c.1) ) Inquiry into use of other power-driven mobility device. A public entity may ask a person using an other power- driven mobility device to provide a credible assurance that the mobility device is required because of the per- son's disability. A public entity that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as a credible as- surance that the use of the other power-driven mobility device is for the individual's mobility disability. In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representa- tion, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability. A "valid" disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance's requirements for disability placards or cards. ( 35.137 (c.2) ) OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Page 4 Exhibit A OPEN SPACE AND TRAILS POLICIES ON OTHER POWER DRIVEN MOBILITY DEVICE USE Open Space and Trails (OST) manages its assets for a variety of users to maintain diverse recreational opportunities. We strive to make the recreational experience on Open Space properties as accessible as possible. We are adapting our current policies and are redesigning our existing system to meet national access standards. We work closely with our neighboring trail managing agencies in attempt to create a seamless trail system. OST strives to maintain an enjoyable user experience while planning for a diverse range of trail users. OST has developed the following policies for Other Power Driven Mobility Device (OPDMD) use on OST managed assets. 1. Other Power Driven Mobility Devices are 3. Cross country Other Power Driven Mo- only to be used on the OST system by bility Device travel on OST managed those individuals with a mobility dis- properties is not permitted. OPDMD use ability. Use by individuals without mobility is limited to existing trails to avoid undue disabilities is punishable by a fine. resource and environmental damage. This includes properties managed as parks. 2. Other Power Driven Mobility Device use is only permitted on trails designated as 4. Other Power Driven Mobility Device use RESTRICTED or OPEN for OPDMD use. is not permitted on the Nordic System. Some OST trails are designated CLOSED for OST grooms the Nordic System for the OPDMD use. specific use of pedestrians and Nordic ski- ers. The nature of an OPDMD device would A trail with an OPEN designation adversely affect the groomed surface and indicates any size of OPDMD is therefore adversely impact the environment permitted for use. of the Nordic System and user experience. A trail with a RESTRICTED designation 5. Other Power Driven Mobility Devices indicates that an OPDMD must fit the must be operated in a responsible and following requirements: prudent fashion, with respect to other trail user density and speeds and operat- a) A width of 32"or less ed at a safe speed for conditions. Where b) A design speed of 20 mph or less other users are present, a safe speed for an c) Must be electrically powered OPDMD is deemed to be the average speed d) Vehicle must weigh 60 lbs. or less, at which the other trail users are traveling; not including weight of rider under no condition shall an OPDMD be oper- ated in excess of 20 mph. A trail with a CLOSED designation indicates OPDMD use is prohibited. Please refer to Appendix A for maps illustrating the OPDMD trail designations and associated trail assessments. Future trail designations will be covered in their asso- ciated Management Plans. OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Page 5 Exhibit A OPEN SPACE AND TRAILS PENALTIES FOR IMPROPER USE OF AN OPDMD In accordance with OST Title 12, a violation of the above OPDMD use policies (including use of an OPDMD by an individual without a mobility disability, use of an OPDMD on a Closed trail or a OPDMD device on a Restricted Trail which does not fit the above requirements) is a Class 2 petty offense and shall result in the following penalties: First Offense: Punishable by a fine of $100.00 Second Offense: Punishable by a fine of $500.00 Third and Subsequent offenses: Punishable by a fine of $1000.00 OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Page 6 Exhibit A APPENDIX A OTHER POWER- DRIVEN MOBILITY DEVICE MANAGEMENT PLAN Map1 : Redstone Area �� _� , .R, Map2: Crystal ValleyTrail i� � lii +7- : OPDMD DESIGNATION edsto a y � r � . ==� ;-,� � r - � MAPS 1 THROUGH 3 .. = `:�` t / Legend I � ► /' OST Trails OPDMP Designation s Crystal Valley Trail Open Restricted a M •},, Closed >- r _ - - - Trail Managed by Others • I OST Property zq / OST Conservation Easements 10 ,-� - Waterway Ii.'; _ Roads • I N Dorias Wa County Line Q Towns Not to Scale M pNancy, j , _ y ( Path1 • 0 ,. . 1 .: ��,u' _ �� , L LOCATOR MAP Redstone ` Emma Trail Rio Grande Trail - ti / Boulders CAR:• DALE Coal -^-- _ �A T - - - - t Creek �� -r 1 _doi '. ,''�Iis ffif - r7r �•.�� `�' S i Elk Parkw , : � , 6_1____2_NO �; _ A Bridge andc - Trails - „,_ _I - _ _ J. - Map3: Emma and Basalt . ~ ti: i / t v f , iL Appendix A: Page A-1 -RAIAlii-7-- = Exhibit A _ , - _ _ _ OPDMD DESIGNATION ,1 r MAP 4 • , Legend Basalt / Old Snowmass >� : � ' .[ OST Trails OPDMP Designation : BASALT � /; , -.• Open Aso � ( ;F f �, - Restricted - - - - - «F -- tine/ K+Uc�J -�� J Closed = ,! _ Sa \ _ s� _ r Trail Managed by Others 3asalt / QIdS wmass ,' OST Property 14., ' . - Y -- ��� OST Conservation Easements .!, - --:.. !_str—N-,--. ' ' -,•...,,,',/ \c„..._ N/ ' Waterway i '. . ',--,./..0 ' ,( ,f ii Alf n. ;< Roads F `,f` v r • t: i, ,r: County Line r „ � y .r`, ''' ywys2 ) io ! , Q Towns Grarerail Not to Scale Rio Grande Trail f l),').ti' J,- =,1,,i;,. t . s y 1, \ ` •,^/ i l %` �r =may;/, 7''V��/ '��� -" s Z. _1� /7.---,, " - 1 R��FRRoq ` } "'"Y82 ° LOCATOR MAP T�; 1 h \�1� CAR DALE ' = T m S - i SN S _ ASPE Map 4: Basalt and Old Snowmass �:.�_, - Appendix A: Page A-2 p. J' / a ;exhibi�tA / , -�� \_ ` ' OPDMD DESIGNATION - Map 5: Snowmass Canyon and Woody Creek MAP 5 _j Legend , ' t . , N \ OST Trails OPDMP Designation �? \ \ I - - Open - \ Restricted _ \ �,r ` i - Rio Gr. nde Trail =' Closed \ ', rir """ - - - Trail Managed by Others I. J- ; = " OST Property ? --,_\ r -'�' -• � l ��� OST Conservation Easements % Waterway )044 FC j /i Roadsce' i ,.„---.) 1 ) \, �, _ County Line �= r ' !, ! II Towns Not to Scale 1 = I ,i, DY !y ,li- ''' ', r- lelb C oo0y C,Q t Oq6 TOWN OF SNOWMASS VILLAGE A;f:7/C1/ - , 1 �/ �� ` -: LOCATOR MAP M �` Aspenmass rail `� CAR DALE Jaff Trail � BA LT ,o'- Brush Cr ekTrttil �A 10 sN M s . ,r/ ,, ._....,_ ,,,t-/ 1 /. 1-- ! //fir ` 1 ' t Appendix A: Page A-3 ��;. -, _ v A' /.-‘,/- 4 '.7,:,6\ 14r. I _' Exhibit A � s2oo� { p OPDMD DESIGNATION c . MAP 6 ):1e.'.---. 14- ,fir Legend Brush Creek T it _r Rio Grande Trail oPo I OST Trails OPDMP Designation J ' iL . • 5, ti(*'0.‘"1004 + 1•ig , i � - Restricted -0 F Closed r ,, , .._ p „,,,„,,,,,,, 0,,,,,, ,A'''-\-\;'I % ' < � �, 14 Trail Managed by Others • Stein Trai y 1 a OST Property,7 . . . . . . . . /�� OST Conservation Easements Waterway Sunnysid: rail Roads 3.' ! 1 i;,n County Line 43 -- ,7L/ �Lr r = Towns Not to Scale _ * - . \ .„ % ,___ i -__ , l' ' 1---- : , 1 ". , \sili 1 .., �!• '_ Owl Creek Trail 4 '`� ..r r/ _,_ , ,. . `� I L,�;, ,�,,, , . ,,! trT OOR MAP • - 1 i e'5 OWL CRE ROAD lll pAil ALE e , \„ - t_ , L- ._ \ zSN � • �__ A=CTaiI �r ��, -r� I j \ ASPS ( . = �• _ ASPEN Map 6: Snowmass and ABC Area ' �� :. \\ Appendix A: Page A-4 �\ /~��� _ _ _ exhibit A �+�r v \`' _ OPDMD DESIGNATION Map 8: Castle Valley MAPS 7 and 8 , J , 0 y , ; \ , Sell ram \ �/ / ` — i �� '+ ti \lior .kad - J -= Legend • l 1 \ OST Trails OPDMP Designation ' - _ Hunter Creek Toll 1 , r, 9 'Road- _. - - - _ \. , ' J -' `, Open io Gra •a Single Track _ , _ _'�Clo it - ., , _ ,' ,Wiferness 1 Restricted - �. - - - - Boundary, , , Seasonal Closure) ) Closed - ' , \ -� e'r.>1 ' ' 6i- - io ‘ - • • - - - tiof-----; - ,-, ,..- ` Trails Managed by Others ✓ �' v// / Hunter Creek Trail r r _ — • OST Property XI r 1 f \--lel° Smuggler Trail ' m ��7/ OST Conservation Easements System I. ♦�♦♦. T 1- y O 1 ,` t���l:,. D Waterway ♦♦ o X /4---.1‘ oratrigetritaft airs% .,-,\� ewp-���s., s _ 3 Roads _ i 3 / ���+'r��'' Smuggler Road n ����=� (Closed at County Line - t d, .•• .•♦♦ Wilderness �iw5�$`� _-�f Towns , i`�arf��� Boundary) Lit le Annie Road Not to Scale 0 i y ` Q \� , - Y l \-- •\ n 1 , `j\, /1z-fl J 14 : - ,; tl .- East of Aspen M tj 4P0 I, I r`' �' ,, LOCATOR MAP �, : '�' ‘ Summer Road = 1 . --- \ 1 ��1� , CARES► BALE CO BAS` > —� JH Smith Moy�r� 11 I Interpretive , ; , Loop 4, c,r; ,� i i ` J ri J ' ✓ SNO la ��r c \ ) ti 8 AS' N Map 7: Aspen Area q y �.,/,/ f �. f,, r , n i ; , Appendix A: Page A-5 Exhibit A NAME OPDMP Explanation Aspen Airport Business Center Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Aspen Airport Business Center Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Aspen Airport Business Center Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Aspen Airport Business Center Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Aspen Mass Restricted* Path is busy,with steep sections and two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Basalt-Old Snowmass Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Basalt-Old Snowmass Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Basalt-Old Snowmass Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Brush Creek Trail Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Coal Creek Rd Open Road accommodates all OPDMD devices Crystal River Trail Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Dorais Way Open Path is a recreation easement on a road. Road accommodates all OPDMD devices. East of Aspen Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. East of Aspen Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. East of Aspen Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. East of Aspen Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. East of Aspen Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. East of Aspen Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. Emma Trail Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. Emma Trail Closed Path is too narrow to provide a safe platform for use of an OPDMD and without it causing resource damage along trail. Filoha Meadows Closed Path goes through a very sensitive natural area where bikes and other vehicles are currently not allowed. Four Corners Rd Open Road accommodates all OPDMD devices High School Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. High School Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Hospital Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Hunter Creek Toll Rd Open Road accommodates all OPDMD devices Intercept Lot Connector Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. JH Smith Interpretive Loop Closed Path is too narrow provide a safe platform for use of an OPDMD and without it causing resource damage along trail. JH Smith Interpretive Loop Closed Path is too narrow provide a safe platform for use of an OPDMD and without it causing resource damage along trail. Lani White Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD and with out it causing resource damage along trail. Little Annie Road Open Road accommodates all OPDMD devices Lower Hunter Creek Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD and with out it causing resource damage along trail. Lower Hunter Creek Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD and with out it causing resource damage along trail. Nancy's Path Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD Owl Creek Restricted* Path is busy,with steep sections and two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Appendix A: Page A-6 Exhibit A Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around with out leaving trail surface. Rio Grande Restricted* Path is busy and has two way traffic. OPDMD must be small enough to pass other users safely and have adequate space to turn around without leaving trail surface. Rio Grande Soft Trail Closed Path is too narrow and OPDMD Smuggler Mountain Rd Open Road accommodates all OPDMD devices Smuggler Mountain Rd Open Road accommodates all OPDMD devices Smuggler Mtn Rd Open Road accommodates all OPDMD devices Smuggler Mtn Rd Open Road accommodates all OPDMD devices Stein Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD Stein Closed Sections of path are too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD Stein connector Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD Stein connector Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD Stein connector Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD Summer Rd Open Road accommodates all OPDMD devices Summer Rd Open Road accommodates all OPDMD devices Summer Rd Open Road accommodates all OPDMD devices Summer Rd Open Road accommodates all OPDMD devices Summer Rd Open Road accommodates all OPDMD devices Sunnyside(lower section) Closed Path is too narrow,steep,and highly erosive to provide a safe platform for use of an OPDMD Van Horn Park Rd Open Road accommodates all OPDMD devices Van Horn Park Rd Open Road accommodates all OPDMD devices Wilton Jaffee Closed Path is steep and currently has major erosion issues that would only be exacerbate by a OPDMD Wilton Jaffee Open Road accommodates all OPDMD devices *A trail with a RESTRICTED designation indicates that an OPDMD must fit the following requirements: a) A width of 32" or less b) A design speed of 20 mph or less c) Must be electrically powered d) Vehicle must weigh 60 lbs. or less, not including weight of rider or additional gear. A width of 32" or less allows vehicles to safely pass and turnaround without the need to leave the trail surface. OST trails strive to be designed for vehicles to travel at 20 mph. Environmental limitations often require exceptions to this design goal and users must operate in a responsible and prudent fashion, factoring in other trail user density and speeds and operated at a safe speed for conditions. Emissions produced by a gas powered vehicle would adversely affect other trail users and their experience on the trail system. Electric vehicles do not release the emissions from their energy consumption on the trail system. 60 lbs. is the high end of vehicle weight currently on OST trail system. Increasing vehicle weights above this starts to lead to a significant mass differential between the different types of vehicles on the trail system; resulting in concerning safety issues. Appendix A: Page A-7 Exhibit B 4408DR'too Coyotes-Canis latrans cp1 A$'u'o alb What will I learn about? oriV •Coyote Biology •Nuisance Wildlife Laws ' •Intro.to Wildlife Conflict Solutions Presented by Colorado Division of Wildlife (303)291-7227 At, Coyote Identification Tracks and Scat s�o or �y OF •Brownish gray i 41 ems. :• .S: 6 20 *Pointed ears • *Slender muzzle • .4 `_ . . . ,. .,Ji` ' • *Bushy tail I See/ �. if.. •Males:25-451bshiiiii, •- • ) /f El �1� ��� •Females:22-35Ibs II •' "°" i = Range j Habitat Generalists 1.\o °=`� 4 a—f •Central America to !. Coyotes exist in virtually every - s the Arctic,includingti� type of habitat,from below sea 4i 1 <=1, level to high mountain ranges: r i all of the United • Deserts b.. States(except • Swamps • Hawaii),Canada, • Tundra and Mexico • Grasslands `&•.. • Brush • Dense forests • Urban environments 6/14/2011 Joint OSTB and BOCC Public Session DOW Coyote Presentation Exhibit B `o{D.R.t00 LoRgn� Food Habi - r Diet Composition Coyotes are opportunistic and ,U` "-, Anw , •�••m •M ••� •ti• generally take prey that is the . ®— easiest to secure. —- ® • Birds ®® • Eggs • • Small mammals / ®o • Carrion of large wild ° - mammals or livestock ®m • Fruit and insects C :12 - 'Rwwl,Nlr uul.nl.d A�.t�•..n.N J.n,4.vu. `•.v._•_. • Trash u.roM.NUN,•`.u•,L»»...,L Wit. ...,,.,�, • Pets lisrl„ 1,1 45 .WILitiet) Protect Your Pets! j �' ► 4 General Biology A coyote does not differentiate between a domestic •Active day or night,but mostly animal and a wild one....they see both as prey. at dawn and dusk ' y+ •Bed/rest in"sheltered areas" — 144141 ' ''' '� •Good eyesight and hearing ` � and a keen sense of smell ir,► r r� ,;: '"�► ° .`` �' �• '' y. •Mortality highest during the first year of life �.,` — sr .r •' a. �•,v � �t ; ; ,st.,�-0 •Few survive for more than 10-12 years in -4. : *. the wild p,,ARAL �0,51R.TDO s'` Biology / Reproduction ,��s Coyote Dens rf �� J� •Usually breed in February •Where the animals feel protected: w and March `'. .; culverts,steep banks,rock crevices, ' �` - •60-63 day gestation period ��'' sinkholes,underbrush,or other •Young born in April and May •- » — structures •Average litter size is 5-7 pups * ,• ✓ •Typically less than a mile from — • •Females may breed during .,•�•— w.', f - water the winter following their birth •Generally only used when raising young •More than one litter may be found in a den 6/14/2011 Joint OSTB and BOCC Public Session DOW Coyote Presentation Exhibit B `ow o. (Owl o. ..More Behavior / Biology Behavior d tilh•Both adults hunt and •The adults and pups ,t bring food to their young ,z / 4 usually remain together 'K: for several weeks. ; A. until late summer or fall. _. •Coyotes hunt as singles, • •Pups are occasionally `; _ in pairs or in packs largely found in groups until the ; ,. , .4,� _ depending upon their 4i next breeding season ; �. , R +.::.' prey base. begins. '" 4fri :. : r i') Current Legal Status DOW Response %NOFt, ,.- �vO Legislative Declaration DOW can provide: • The state shall utilize hunting,trapping,and fishing as the primary methods of effecting necessary wildlife harvests.(Colorado Revised •framework of legal options •. Statute 33-1-104(4)) •biological information and Coyotes can be hunted with a license year round expertise ,. lit f Coyotes also fall under the nuisance wildlife statute and regulations. •information for long-term r (C.R.S.33-6-107(9)) conflict resolution =`" •, .1 • Can be taken if causing damage to crops,real or personal • • J - property,or livestock. *educational outreach tools /- 4 . Nuisance WildlifeAte ?cn; Coexistence Education: Nuisance is the prerogative of the landowner • Why are there coyotes in my yard? • What component of their habitat are they finding Options: near my home? • Do Nothing Exclusion/Restriction of Access • Coexistence • How do I keep them out of my yard? • Take Action to Deter or Mitigate Hazing/Discouragement • What is the goal of hazing? • Removal • What techniques should be used? 6/14/2011 Joint OSTB and BOCC Public Session DOW Coyote Presentation Exhibit B p{D. O Coyote Removal qi415., Take Home Message.... of >of •Tell others what you learned •Be active within your Selective Removal vs.Arbitrary Removal community political arena •use your talents •Continue your education •Live trapping •Respond to coyotes •Support professional wildlife appropriately management •30-Day Trapping Permits •Report"inappropriate" 'Shooting coyote behavior •Take mitigating action at home 6/14/2011 Joint OSTB and BOCC Public Session DOW Coyote Presentation