HomeMy WebLinkAbout2016_06_14 OSTB and joint BOCC Reg Minutes_S MINUTES
OPEN SPACE AND TRAILS BOARD AND JOINT MEETING WITH
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR SESSION
June 14, 2016
Plaza One Meeting Room
530 E. Main St.,Aspen
OSTB Regular Session
OSTB Present: Hawk Greenway(Chair), Tim McFlynn, Wayne Ives
OSTB Absent: Howie Mallory and Graeme Means
Staff Present: Gary Tennenbaum, Lindsey Utter, Paul Holsinger, Ted O'Brien, Matt Adeletti,
Janet Urquhart, Fran Soroka
BOCC Present: Michael Owsley
Others Present: Kurtis Tesch, Colorado Parks and Wildlife (CPW)
Hawk Greenway called the meeting to order at 8:34 a.m.
PUBLIC COMMENT
No public comment
APPROVAL OR THE MINUTES
Tim McFlynn moved to approve the OSTB regular and executive session minutes of June 2, 2016
as presented. Wayne Ives seconded. Motion passed(3-0).
Agricultural Lease—Coke Ovens Open Space
Paul Holsinger reviewed the meeting's memo 'Coke Ovens Open Space Agricultural Lease' and
is included in this record as `Exhibit A'.
Staff is proposing that the lessee will act as interim manager of the open space for two years (end
of 2017) and be responsible for managing weeds, fencing and water rights. Avalanche Outfitters
is the potential lessee and has previously leased the property from the previous owner(2010-
2014). They are proposing to lease at $3,600 annually. Avalanche owns acreage in Redstone and
grazes their animals on their Redstone property and in Hotchkiss. Avalanche will be providing
winter sleigh ride opportunities. The Coke Ovens OS property does not provide housing.
Discussion:
Board questioned whether it is assumed that the escrowed lot 11 would be resolved within the
two year time period. Staff feels the interim management plan for two years would allow for
resolution of lot 11 and would fit within staffs work schedule for developing the Coke Ovens
OS management plan. For both lot 10 and 11 to be consistently managed, staff is working on a
process for OST to lease lot 11 from Mr. Schumacher and then OST would sublease to
Avalanche. This would place all the stewardship management with the one lessee. OST is
proposing splitting the lease revenue with Mr. Schumacher. The alternative would be to maintain
a dividing fence between the lots.
The status of the existing property structures was questioned. The structure that was used as a
dwelling will be removed from the property. The workshop structure, small stage area and other
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small out buildings will remain and will be considered during the management plan process. The
site is almost cleaned-up.
The interim management plan will allow public access to Coal Creek, but public cannot access
through the fenced leased area. Coal Creek access area will be open and managed under Title
12. Staff will conduct outreach to Redstone community to notify about the interim management
plan.
Over grazing concerns were expressed by the board. Staff will be monitoring,but feel confident
that Avalanche Outfitters has other grazing options unlike the previous outfitter. Terminating the
lease is an option if the lessee does not comply with any corrective actions. In general the lessee
anticipates corralling 10-12 horses at a time. The lease will be tied in with an annual operating
plan.
The board noted that the lessee represents the program's first outfitter agricultural lease and
requested that the annual operating analysis report include analyzing the economics of the
commercial business. Including the operation's use of water and the diversions records would be
useful program information. Paul added that OST has a summer volunteer who will be spending
1/2 day per week collecting and tracking agricultural management aspects. Understanding the
commercial endeavor's economics will help to determine future lease rates.
See Board Action below
Colorado Parks and Wildlife Intergovernmental Agreement—Deer Creek Ranch Open
Space Interim Management Plan
Gary Tennenbaum and Colorado Parks and Wildlife Division Wildlife Manager, Kurds Tesch
recapped the specifics from the submitted memo 'Deer Creek Interim Management Plan' which
is included in this record as `Exhibit B'. The purposed intergovernmental agreement(IGA) with
CPW will allow the property to be well managed and protected for a minimum of two years at
CPW's cost. Besides the benefits referenced in the memo, CPW's presence will add law
enforcement benefits to the area, CPW will be able to monitor the property's wildlife and CPW
will be a valuable partner when creating the future management plan. OST staff was seeking
whether the board was amenable to the concept before staff continues to pursue an agreement
with CPW.
Discussion:
The board questioned which structure would be leased and restored to a livable condition by
CPW. The old main house is the one. It also has the only septic system that is repairable. CPW
is seeking a ten year long term lease for the dwelling with a defined lease area. The rest of the
DCR property will be leased for two years covering management responsibilities similar to
OST's agricultural lease criteria.
Tim McFlynn supported the concept. He noted that during the DCR acquisition process there
was neighborhood anxiety expressed that the neighborhood would now have public access.
Based on past history, Tim thought it would be advisable to notify the public about use changes
to DCR through some public process and to define the house lease area. Tim noted that CPW
presence would contribute to better baseline wildlife data.
Wayne Ives agreed it is important for the long term house lease to specify the surrounding area
that would be encumbered by the lease. The District Wildlife Manager may require space for a
horse corral and pasture area. Wayne questioned the status of the green house. This structure
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will continue to be sealed and CPW will help kept the structure clean until its destiny is
determined during the management plan process. Tim contributed that the reauthorization
outcome will determine what OST can do with these structures.
Hawk Greenway expressed his support of the interim management concept. He recommended
the agreement language include subject to the anticipated management plan. Gary clarified the
process will be all encompassing intergovernmental agreement(IGA)which will go through a
twostep approval process with the Commissioners. The IGA will set forth all the terms discussed
at this meeting.
In regard to DCR's riverside parcel, Hawk indicated he would support opening this area for
fishing access.
Hawk recommended that the agreement be clear about what type of wildlife study is expected by
CPW. Gary responded that DCR is too small an area for in-depth study. Kurtis added that within
the last three years CPW has updated their wildlife data for the area. This will be an opportunity
to confirm CPW collected mapping and data. Existing data shows that production areas are
where Deer Creek Gulch meets Arbaney trail. CPW looks forward to observing this area during
production season. No ATV's or dogs are allowed in the area.
With the support received from the board at this meeting, staff will pursue working out the
IGA's details. The IGA will be brought back to the board probably by the July 21st meeting.
The agreement going through the Commissioner's two-step public process in August.
Hawk commented that the planning for both the Coke Ovens OS and Deer Creek Ranch OS have
been pushed back by the upcoming finalization of the Prince Creek Trail &Parking acquisition
which has been a project in the works for the past five years and is now coming to the forefront
with some political pressures. Hawk agreed with staff that there are benefits in delaying the
planning for both open space properties. Staff will be reviewing the project action plan with the
board at the July 21st meeting.
BOARD ACTION
Agricultural lease— Coke Ovens Open Space
Wayne Ives moved for OSTB to enter into an interim management plan for the entire Coke Ovens
Open Space property (Lots 10 and 11) including approval for Avalanche Outfitters to be the
agricultural lessee for the Coke Ovens Open Space. Tim McFlynn seconded. Motion passed(3-0)
OSTB EXECUTIVE SESSION AND JOINT
BOCC EXECUTIVE SESSION
The OSTB 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 9:41 a.m. The OSTB was joined by the
BOCC and moved to enter executive session in accordance with CRS 24-6-402(4) (a)(e) and(f)
for the purpose of discussing acquisitions, negotiations and personnel matters at 10:00 a.m. The
OSTB and BOCC adjourned executive session at 11:55 a.m.
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Joint OSTB and BOCC Regular Session
OSTB Present: Hawk Greenway(Chair), Tim McFlynn, Wayne Ives
OSTB Absent: Howie Mallory and Graeme Means
BOCC Present: Rachel Richards (Chair), Michael Owsley, Patti Clapper, George Newman,
Steve Child
Staff Present: Gary Tennenbaum, Dale Will, Lindsey Utter, Laura Makar, Tom Oken, Fran
Soroka
Others Present: Holly McLain and Leslie Thomas, Roaring Fork Horse Council
Media Present: Jason Auslander, Aspen Times
Rachel Richards and Hawk Greenway reconvened the boards in a joint special session at 11:55
a.m. This portion of the Pitkin County Commissioners meeting is archived and can be viewed on
the Pitkin County Website http://pitkincounty.com/374/County-Webcasts
Rachel Richards called for a moment of silence in remembrance of the victims of the June 12th
Orlando shootings.
OST Reauthorization)
The reauthorization and charter amendment discussions were led by Gary Tennenbaum and Dale
Will. OST has analyzed future projections for the next twenty years and is proposing to maintain
the program at the current 3.75 mil levy. OST is recommending changing the fund allocations in
this reauthorization. Noting, there is a correlation between acquiring and building more assets
and the rising cost to manage/maintain these assets. Under the current authorization, OST is at
the allocation limit of what the program can expend on maintaining assets.
Staff and OSTB recommendations for program allocations over the next twenty years:
Maintenance allocation range of 15-35%
Staff estimates the current maintenance allocation ceiling of 15% ceiling will not be
enough to maintain current assets within five years.
Trail allocation range of 10-40%
Trails allocation needs will fluctuate more. Currently, staff is sees the Governor's 16
for 16 trails project selection of the Crested Butte to Carbondale trail continuation as a
major trail undertaking and can easily impact the trail's allocation to the maximum
level. Roaring Fork Gorge and Rio Grande Trail projects are other large project that
are currently in the works.
Acquisition/Improvements allocation range of 25-75%
This range is the broadest to help balance the rest of the fund. The program wants to
extend the bonding authority as a safety for the unexpected opportunity.
Discussion:
Rachel Richards commented the submitted memo focuses on the charter amendments and at
some point OST needs to reaffirm through another public meeting all the benefits the program
has accomplished on behalf of the public: all the preserved lands; project accomplishments;
program initiatives i.e. agricultural leases; program partnerships fostered i.e. Hunter-Smuggler
1 6/14/2016 `Reauthorization' memo submitted in this public meeting packet for 6/14/2016.
6/14/2016 OSTB and Joint BOCC Regular Session Meeting Minutes
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Cooperative Plan; Nordic improvements that have occurred since the last reauthorization. Gary
and Tim McFlynn added the department is working on an outreach program covering these
details. There is a story to tell that is much larger than the details of reauthorization. The goal of
the outreach is to show the depth of what the Pitkin County Open Space & Trails program
provides and continues to provide for the voters of Pitkin County.
George Newman commented he was pleased that OST can accomplish its mission and goals at
the current mil levy and he would not want to see any decrease to the mil levy. The OST
program will need to continue to meet the county's rising real estate values.
Patti Clapper agreed with maintaining the mil levy level and noted there is still land
opportunities to pursue. She also agreed with changing the program allocations.
Hawk Greenway stated it is the OSTB's recommendation for the authorization period be for
twenty years. The advantage of a twenty year program is to be able to efficiently plan projects.
Rachel express that there is a consensus that at this point in time the mil levy and extending the
fund twenty years makes sense. At some point in the future the program may develop into a total
maintenance phase at that point the mil levy could be reduced. Gary responded that during the
twenty year period changes can occur to respond to any significant issue.
Michael Owsley asked for clarification of the proposed fund allocation ranges. And the
allocation purposes need to be easily understood by the public. Staff responded the submitted
reauthorization memo is a summary and the specifics are within the proposed Charter
amendments.
Steve Child recommended the wording `exclusively' in the Charter sections 13.1.2 and 13.1.3 be
changed to `primarily'. Dale offered this is the original Charter language and it has worked well
over the past twenty-five years. Laura Makar suggested to add language in 13.1.2 and 13.1.3
subject to the flexibility provided in section 13.1.4. Steve also noted that when adding the
allocations percentages the sums are greater than 100%which may be confusing to the voters.
Gary responded the information in 13.1.2 and 13.1.3 was kept adding up to 100%: (65%to
acquisitions; 20% improvements/maintenance; 15%trails)
Rachel Richard questioned within the allocations the difference between maintenance and
management. Gary responded the definitions would be checked out.
BOCC members were comfortable with the recommended fund allocations ranges and extending
the program twenty years.
Discussion moved into the Program Scope and Charter Amendments:
Hawk added that the OSTB recommends adding cultural/historical resources; federal lands
stewardship assistance; and bike/pedestrian facilities on public roads to the Charter amendments.
These program areas will require the OSTB to develop policies to set parameters,but not
necessary to be set parameters within the Charter. OSTB feels it is important to have the
flexibility to use program funds for these purposes.
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The BOCC supported adding language to the Charter sections 13.2.1 and 13.5.1 (11): preserving
cultural, historic and archeological resources within acquired open space properties.
The BOCC supported language to the Charter section 13.5.1(12)referencing to assist with
federal lands stewardship. The BOCC recognized the partnerships and the nexus between Pitkin
County lands and the surrounding Federal Lands. OSTB will pursue a separate fiscal policy from
the Charter to assure efficient expenditure of program funds. Rachel referenced that at the latest
Colorado Counties Inc. meeting a resolution to oppose the transfer of federal lands did not pass.
Fourteen counties supported the measure, five counties abstained, and over 25 counties voted
against the resolution. Rachel continued that for the County to manage fire and wildlife habitat
successfully this additional endeavor in the Charter language is well worth the investment and
will enable successful partnerships.
The Charter change defining"trails"will address bike and pedestrian facilities on public roads.
(13.2.2) Trails will be defined as accessways. OST considers roads as an extension of county
trails and as such the public is best served by looking at roadways in the same way as we look at
trails. This capability can lead to the potential for some very large ticket projects and must
proceed prudently. To work with public roads, `non-motorized' is removed to accommodate
ADA2 compliance or future potential e-bike use. Further types of allowable use will be defined
in management plans and in Title 12. Rachel suggested that the Charter section reference these
types of allowable uses will be defined through the management plans. The BOCC supported the
changes to 13.2.2.
Amending Charter language in section 13.5.3 allows for the transfer of OST property to other
County departments. This would allow the transfer of existing structures to the County's general
fund for housing with reimbursement to the OST program. Rachel suggest re-working the word
sequences to make it clear that this occurs at the time of initial purchase authorization. Staff
agreed to change.
Adding to Charter language 13.3.3(5) clarifies OSTB's current practice which recommends
annually OST's fund budget to the BOCC.
The BOCC was in agreement with all the discussed Charter amendments.
Next steps will be to have the Charter amendments and ballot question approved by the BOCC in
July. The Clerk has already been notified of the intended ballot question.
Jon Peacock and Laura Makar entered the meeting at 12:02 p.m.
Tom Oken entered the meeting at 12:06 p.m.
Jason Auslander entered the meeting at 12:31 p.m.
ADJOURN
2 Americans with Disability Act
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Page 6 of 7
•
The OSTB meetings and joint meetings of June 14, 2016 were adjourned at approximately 1:02
p.m.
Approved: Attest:
440
Hawk Greenway, Chair Fran Soroka
Pitkin County Open Space & ails Board Pitkin County Open Space &Trails
Office Manager
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Exhibit A - 6/14/16 OSTB Regular Minutes
c,?PCE 4 T�
OST Memorandum
k/N COVE
TO: Open Space &Trails Board
FROM: Paul Holsinger, OST Agricultural/ Conservation Easement Steward
SUBJECT: Coke Ovens Open Space Agricultural Lease
DATE: June 14, 2016
CC: OST Staff
The Coke Ovens Open Space is comprised of 35 acres located behind the historic Redstone Coke
Ovens in the Crystal River Valley. Pitkin County Open Space and Trails is anticipating creating a
management plan for the property once the adjacent 35 acres is acquired. As an interim
management plan staff received OSTB approval to lease a portion of the property for agriculture
production on May 5, 2016. Approximately 26 acres of the Coke Ovens Open Space in fenced in
and was identified by OST staff as an appropriate lease area for agricultural production
(Attachment A). As per the Open Space & Trails (OST) Agricultural Lease Bid Process, adopted by
OST Board on October 7, 2014, the leasable area of Coke Ovens Open Space was publicly
advertised through a formal Request for Proposals (RFP), posted on the pitkinostprojects.com
website, posted on the Rocky Mountain E-Service website (the Pitkin County procurement
website), and through a direct email to individuals interested or affiliated with agriculture in the
Valley. The opportunity was advertised on May 10, 2016 with a due date of June 10, 2016 for
applications. Due to the timing of the OSTB meeting and due date for bids more details will be
presented at the meeting. That being said OST staff do have some details to report.
OST staff are anticipating one proposal to obtain an agricultural lease on Coke Ovens Open Space
based on the attendance of one applicant at the onsite meeting. The potential lessee is Avalanche
Outfitters. Avalanche Outfitters currently holds a special use permit from USFS for the area
accessible by Coal Creek Rd. The outfitter has also managed the property previously. The
planning of the property is anticipated to occur in 2018 so OST staff will be offering a lease with a
termination date of 12/31/2017 and reassess the situation in October of 2017 when staff have a
better idea of when the management plan will be completed.
A selection committee was created under the terms of the County Procurement Code to score the
proposal based on the scoring criteria within the Agricultural Lease Bid Process (Attachment B).
The committee are comprised of OST staff members Gary Tennenbaum, Dale Will and Ted O'Brien.
Since there was only one proposal the committee weighed the merits of the proposal against the
alternative of having the property maintained by the OST crew. Based on discussions prior to the
close of the bid period, a lessee is highly desirable due to the location of the property. The
property is currently set up for flood irrigation and would require one — two visits by the crew to
change water. This is a two hour round trip from the trail and maintenance crew headquarters.
Page 1 of 4
2c,QpCE T�
f. OST Memorandum
k/N COVE
The leasing of any Pitkin County property for more than one year requires BOCC approval pursuant
to an Ordinance. OST staff will be presenting this information to the BOCC for approval via county
ordinance. Therefore, we are seeking an OSTB recommendation regarding leases.
Attachments:
A. Coke Ovens Open Space —Agricultural Lease Map
B. OST Agricultural Lease Bid Process — Selection Criteria
Page 2 of 4
Exhibit B - 6/14/16 OSTB Regular Minutes
2�QpCE$T
g(rf;
I. OST Memorandum
k/N c O'
TO: Open Space and Trails Board of Trustees
FROM: Gary Tennenbaum
SUBJECT: Deer Creek Interim Management Plan
DATE: June 14, 2016
CC: Jon Peacock, John Ely
Deer Creek Open Space is nestled at the mouth of Arbaney Gulch along Lower River Road in Old
Snowmass. Pitkin County Open Space and Trails purchased Deer Creek Open Space in July
2015. OST maintenance staff has been managing the property, which had significant noxious
weed infestations. The complicated irrigation system was repaired and water rights were
exercised. The two houses on the property were winterized. OST staff is looking at future
planning projects and Deer Creek is up next this fall after the summer projects are complete.
Prioritizing planning is critical for staff capacity and with the upcoming purchase in late July of
the Prince Creek Trail and parking area staff is looking at ways to prioritize planning to deal with
the most pressing issues. An interim management plan on Deer Creek to allow CPW to house
their Division Wildlife Manager for the Aspen area in the main house and allow CPW to manage
the property for the next 2 years will allow staff the capacity to plan Prince Creek first and then
get back to Deer Creek in late 2017 or early 2018.
Background
During the spring of 2016, OST staff worked with a wildlife consultant, Colorado Parks and
Wildlife (CPW), and the Forest Service to analyze the wildlife use of the property and the
surrounding area. On the five year Stewardship and Trails Action Plan Deer Creek Open Space
is slated for management planning starting fall of 2016. On one of the site visits to the
property, Colorado Parks and Wildlife staff asked about the use of the houses on the property.
Since the retirement of Colorado Parks and Wildlife Aspen Area Division Wildlife Manager Kevin
Wright, CPW had a very hard time finding a new person to fill the position due to cost and
availability of housing. Kurtis Tesch is the new Division Area Manager (DWM) for the Aspen
area. Finding appropriate housing has been extremely difficult and so far has not been
successful finding housing in the Aspen area he manages. CPW has inquired if it was possible
for OST to allow CPW to use one of the houses for Kurtis.
Page 1 of 3
Discussion
CPW and OST staff collaborates on many projects throughout the Roaring Fork Valley. Allowing
CPW to use the main Deer Creek house in return for repairing the house to a livable standard,
bringing the septic up to code, and restoring the existing ponds to provide better wildlife
habitat along with having a law enforcement presence in the Old Snowmass area is a great deal
for OST and the surrounding community. CPW also proposed managing the entire property
including irrigating the fields and treating noxious weeds for the time period before OST can
create a management plan for the property. CPW would like a 10 year lease on the house and
associated property surrounding the house and a 2 year lease on the rest of the property that
can be extended if planning is not completed within the 2 years. This is legally feasible through
an Intergovernmental Agreement (IGA) between Pitkin County and CPW.
The cost to CPW to repair the house will be approximately$15-20,000. Restoration and
management will be completed by their staff and add capacity to OST staff time due to the
complex nature of the irrigation system. The existing irrigation is all manual valves and having
someone living onsite is much more efficient.
With the pending purchase of the Prince Creek Trail and parking area prioritizing planning
projects is critical for OST staff capacity. This IGA with CPW would allow the property to be well
managed and protected for at least 2 years and we can delay management planning of the use
at Deer Creek to allow planning of Prince Creek to start this fall. This is an innovative interim
management plan that eliminates OST management of the property, houses a law enforcement
officer in the Old Snowmass area, restores one of the houses to a livable condition, and
restores the existing ponds to better wildlife habitat.
Staff Recommendation: Discuss the proposal and direct staff to draft an IGA as an interim
management plan for Deer Creek Open Space for OSTB review in July or early August.
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