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HomeMy WebLinkAbout2016_07_21 OSTB Reg Minutes_S MINUTES OPEN SPACE AND TRAILS BOARD REGULAR SESSION July 21, 2015 Plaza One Meeting Room 530 E. Main St.,Aspen OSTB Present: Graeme Means Howie Mallory Hawk Greenway Tim McFlynn, Wayne Ives, Dist. 1 Dist. 2 Dist. 3, Chair Dist. 4 Dist. 5 Staff Present: Gary Tennenbaum, Dale Will, Lindsey Utter, Paul Holsinger, Ted O'Brien, Janet Urquhart, Pryce Hadley, Tom Oken, John Ely, Jon Peacock, Fran Soroka BOCC Present: Michael Owsley, George Newman Others Present: Colorado Parks and Wildlife (CPW)-Kurtis Tesch; Roaring Fork Horse Council (RFHC)-Leslie Thomas, Holly McLain, Marty Schlumberger Media Present: Aspen Public Radio - Elizabeth Stewart-Severy Hawk Greenway called the meeting to order at 9:00 a.m. PUBLIC COMMENT Leslie Thomas representing the RFHC commented and questioned the purpose for removing 'non- motorized' from the Charter language when defining `trails'. Defining trails as `accessways' allows for OST funds to be expended on hard surface trails that are required to comply with Federal ADA1 guidelines. The language accommodates for future mobility technologies and allows for funds to be spent on trails in conjunction with county and state roadways. OST restricts motorized use through Title 12 and in management plans. Holly McLain representing the RFHC circulated an equestrian educational trail sign. Purpose is to educate trail users about how to safely approach a horseback rider. The RFHC has partnered with the Roaring Fork Mountain Bike Association(RFMBA)to produce these educational signs. Ms. McLain added she had met with the Bureau of Land Management(BLM) and the BLM has agreed to post the signage at their trailheads. APPROVAL OR THE MINUTES Tim McFlynn moved to approve the OSTB regular and executive session minutes and the joint BOCC regular and executive session minutes of June 14, 2016 as presented. Wayne Ives seconded. Motion passed. (5-0) Interim Deer Creek Ranch Management Plan: Gary Tennenbaum introduced the interim management plan as outlined in the submitted memorandum with draft management plan and made part of this recorded as `Exhibit A'. Colorado Parks and Wildlife (CPW) Division Area Manager Kurtis Tesch was present and responded to the interim plan's intergovernmental agreement (IGA) lease questions. Estimated 1 1990 Americans with Disability Act-Federal civil rights law 7/21/2016 OSTB Regular Session Minutes costs for restoring the main house and septic area to a livable condition are based on material costs and CPW labor. CPW plans to modify the concrete lined ponds with earthen ramps. The areas leased by CPW will be overseen by OST operational plans like other OST agricultural leases. Deer Creek's central area(main house, CDU, ponds and lower pasture area) will be leased for ten years. The access road through this area will not be encumbered by the lease. The lower pasture area will be divided into 2-3 areas to manage up to four horses. CPW's presence on the property will be able to oversee the public river access area, be able to enforce any unlawful parking and offer wildlife observations. Kurtis currently lives in Redstone,but his management area is Aspen, Snowmass, Maroon Bells, Emma School house area and Arbaney- Kittle areas. His management area does not cover the Crystal River area. Discussion: Tim McFlynn questioned if it makes more sense for all the leased areas be for two years and subject to the activation of a management plan. Tim also suggested the lease language include the ability for OST to reserve the right to terminate the lease and reimburse CPW. Gary responded CPW is not only investing in renovating the main house to a livable condition but also supporting all the land stewardship cost necessities required to manage the property. The only potential lease buy-back area would be the central 17 acre pasture area and he would explore that option with CPW. Graeme Means echoed reserving an ability to 'opt out' of the long term lease and asked about the management plan process. Gary responded, Deer Creek is another management plan situation similar to Coal Creek Open Space in that delaying the management planning can be advantageous. If OST's reauthorization is approved, OST will have more options on how to resolve the property's structures including the ability for a housing option to be included with agricultural leasing potential. Graeme noted the lack of parking for the fishing access area and that the access would be utilized by Rio Grande Trail (RGT)users. Graeme inquired whether the fishing access area could become an informally designed node along the RGT. Staff responded that the current Rio Grande Trail management plan is looking at possible trailhead and amenity areas. In the meantime OST plans to sign the fishing access area. Howie Mallory suggested flexibility in the lease terms with two five year lease periods. Gary responded that both OST and CPW can address potential lease `outs' when drafting the IGA. Howie inquired further about CPW's funding ability to renovate, manage and fence the pasture areas. Kurtis reiterated CPW's stewardship intentions and included the pasture area is already partially fenced and would require little additional fencing to divide the area. Howie also inquired whether CPW would be conducting a comprehensive wildlife study. Kurtis responded the property is too small for a comprehensive wildlife study. Living on the property daily will provide daily observations and the ability to observe and confirm locations of wildlife production areas. Wayne Ives questioned how OST will be able to open and enforce the fishing access area without a management plan. When the property was acquired it was closed to the public until a management plan process can be undertaken which would also take into account Arbaney 7/21/2016 OSTB Regular Session Minutes Gulch's wildlife activity. The fishing access area is separated from the rest of the property by Lower River Road and can be managed under Title 12 regulations until a management plan is in place. Hawk Greenway asked for the IGA to require documentation of water rights usage, clarify that the intended pasture areas not be used as horse holding areas and the existing structures be maintained in good condition. Paul Holsinger contributed the pasture areas will be monitored and include an agricultural operations plan. Hawk also requested the river access signage be specific defining public access area signage not fishing access only. Tim McFlynn invited Marty Schlumberger, as a Deer Creek Ranch neighbor, to comment about the interim management plan. Mr. Schlumberger's property also has an adjacent public fishing easement that was granted to Pitkin County as part of his property's development rights. Mr. Schlumberger comments: The Deer Creek property was difficult to sell because of enormous building permit costs to re-develop the property which required mitigating potential canyon debris flows. Mr. Schlumberger doubted CPW's estimated cost as unrealistic to restore the house to a livable condition and avoid potential canyon debris flows. The property's water rights are a liability issue because they are held by an informal ditch company. In regard to the draft interim plan; Mr. Schlumberger felt that opening the public fishing area would attract commercial fishing companies, become an attractive nuisance by creating parking problems, create a Rio Grande Trail way spot to defecate and attract public with dogs. Gary responded to the comments. The interim management plan does not allow for commercial use on the property including commercial fishing operations. The existing main house was previously inhabited and not subject to the same building permit requirements that would be required for the proposed 8,000 square foot development envelop that was situated within the gulch debris flow. So far Community Development's concerns for the main house is only the septic. The small existing additional dwelling unit is within the gulch debris flow. Gary would review again with Community Development where the main house is situated in relationship to the mapped debris flow. Restroom facilities and rest areas along the Rio Grande Trail are action items currently being addressed through the Rio Grande Trail Management Plan. Gary would discuss with CPW about allowing family dog in the leased area. See Board Action Below Pryce Hadley, Marty Schlumberger, Kurtis Tesch left the meeting at approximately 10:05 a.m. Reauthorization: Discussion began by Dale and Tom Oken informing the meeting that Pitkin County's Bond Counsel has clarified their position on acceptable lifespan of debt authorization. The Bound Counsel's clarification requires OSTB to rethink the draft reauthorization ballot question. 7/21/2016 OSTB Regular Session Minutes The Board first discussed amendment edits to Home Rule Charter Article XIII—Open Space/Trails as presented to the OSTB in the July 21st, 2016 `Reauthorization Memorandum' and made part of this record as `Exhibit B'. Discussion Charter Amendments and Reauthorization Memorandum Tim commented that since the June 14th reauthorization discussions with the BOCC there has been expressed confusion about the definitions of agriculture and trails in the Charter 13.2 language. He suggested that in 13.2.1 the word `historic' remain. And suggested 13.2.1 read `preserving historic agriculture and ranching activities; as well as local food production; protecting riparian.....etc.' Staff and OSTB agreed to add 'as well as local food production.' In regard to 13.2.2 "Trails", Tim suggested expanding the definition for better public comprehension distinguishing the difference between expensive hard surface transportation trails and soft surface trails accessing public lands. He suggested either expanding the definition in the Charter language or within the cover memo for the next reauthorization meeting with the BOCC. Dale responded it would be best to address in the memo explaining that future hard surface transportation corridors like potentially from the Intercept Lot to the AABC, McLain Flats climbing lanes, and Snowmass Creek to the `T' intersection will all be very expensive to build. Howie Mallory echoed defining `trails' more fully. Separating the notion that single track trails are not all mountain bike trails. Howie queried whether the Charter language adequately positions OST to deal with motorized use and the increasing prevalence of electric bikes. Dale responded that OST is a public entity and it must comply with Federal Laws (ADA) which safe guards the rights of those individuals with mobility impairments. OST already allows for the mobility impaired to use motorize equipment on certain trail segments, which technically this use is not consistent with the Charter. By removing non-motorized use from the Charter language OST's Charter will be consistent. Title 12 does not allow motorized vehicles for recreational purposes and any authorized motorized use is defined in the management plans. Gary added he understands that removing `non-motorized' from 13.2.2 can be confusing to the public but is necessary to allow OST to create bikeways adjacent to motorized roadways. Graeme Means commented using the generic term `trails' allows for flexibility into the future. Adding that creating a more specific `trails' definition will only create future problems that OST will need to navigate. Through Title 12, the board, management plans and the BOCC the program needs the flexibility to respond to future uses. Hawk Greenway questioned whether the language reassigning OST property to another County department is `reserved at the time of purchase' 2 is adequate in the case of a pre-existing dwelling. Dale responded it needs to remain and the language speaks to intent and not the re- purposing of OST assets. The County would need to compensate at appraised value. Graeme questioned using the Lazy Glen house as an example whether OST can demolish an existing house and sell the lot. John Ely confirmed that OST has that ability as long as the open space values are not diminished by divesting the property. 2 7/21/2016 OSTB Public Packet;Page 8 of 20: `Other Charter Amendments:Reassignment of Property to County Departments' 7/21/2016 OSTB Regular Session Minutes Wayne Ives noted a typo in 13.1.3 and correct to Fifteen percent(15%). Also to be consistent by removing 'exclusively'.3 The Board was in agreement to recommend to the BOCC the reauthorization duration,program scope and same mill levy as presented and discussed today. Bonding Authority Discussion Tom Oken explained that he had finally received the Bond Counsel's option about what the Counsel considers to be a viable lifespan for debt authorization. The Counsel views that debt authorization needs to be acted upon within ten years or the authorization lapses and the Counsel indicated they could be pushed(pursued) to consider fourteen years. Tom was advised that the draft OST fund reauthorization ballot question language is not accurate as per the State Constitution. The State's Constitution speaks to allowing a ballot question to extend a tax initiative if that tax initiative is sun setting, but is silent in regard to extending debt authorization authority. In the draft ballot question we speak of`reaffirming' the debt authorization that was authorized by the voters in 2006. OST currently holds debt authorization up to twenty million dollars and is viable for approximately four years. Tom offered two approaches for the board to consider. 1) For this election forget trying to re-authorize the debt authority and if debt is needed after four years then go to the voters with just a debt authorization question. Debt questions can only be addressed in November elections. 2) Include a new debt authorization question within the November election question as was done in 2006. The downside is the ballot question would be required to start— `Shall debt be increased...' rather than what is currently being considered which starts - `Shall the existing Pitkin County Open Space and Trails property tax levy of up to 3.75 mills be extended for twenty years'. Dale weighed in that the board also needs to take into consideration the possibility for OST to respond to the potential of a long coveted keystone conservation project suddenly becoming available. And still be able to proceed with anticipated trail projects like the Crystal Trail extension. Wayne Ives asked if both questions could be separately brought to the voter this November. Tom thought that two separate questions could be submitted because they are related. But debt questions come first so the first question would still begin with `Shall debt be increase'. John Ely added having two related questions on the ballot was achievable but he would want to confer with Bond Counsel. The board weighed the pros and cons and decided to keep the issues separate. The board decided to consider going to the voters in four years for debt authorization. The board worked on revisions to the ballot question and decided the submitted revised ballot question language recommendations from Trust for Public Lands were not necessary. The board settled on the referendum title to be `Reauthorizing County Open Space and Trails Program funding for twenty years, Charter amendment and property tax levy'. Tom Oken recommended that Charter 13.3.3 (5)be revised to read 'Make recommendations to the Board of County Commissioners 3 7/21/2016 OSTB Public Packet;Page 13 of 20: '13.1.3 Allocation to Maintenance of Open Space and Trails' 7/21/2016 OSTB Regular Session Minutes for the Open Space and Trails fund budget' and the board agreed. Staff will bring back the revised ballot question to the August 4th meeting for board final review and action. John Ely entered the meeting at approximately 10:40 a.m. Matt Adeletti entered the meeting at approximately 10:55 a.m. Paul Holsinger, Lindsey Utter, Janet Urquhart and Tom Oken left the meeting at approximately 11:20 a.m. Elizabeth Stewart-Severy left the meeting at approximately 11:30 a.m. BOARD COMMENTS Tim McFlynn complimented staff on their ability to juggle relocating to new offices and keeping up with the demands of their workload. Howie Mallory extended appreciation to Holly McLain and Leslie Thomas for their attendance. Howie questioned whether Holly's educational signage was being distributed. Gary responded that staff has uploaded the signage content to OST's Facebook page. Also RFMBA has included the signage on their Facebook page. BOARD ACTION Interim Deer Creek Ranch Management Plan Graeme Means prefaced as part of the motion that OST staff would define the Deer Creek Ranch gulch debris flow area. Graeme Means then moved for the OSTB to approve the Interim Deer Creek Ranch Management Plan. Howie Mallory seconded. Motion Passed. (4-1) Tim McFlynn voted no. In view of new information presented at the meeting by neighboring landowner, to wit, public health and safety risks from debris flow down Deer Creek through the residential zone in the area to be leased and inhabited by a CPW Division Area Manager, Tim McFlynn voted 'no'and requested staff analysis and comment on the new information. 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 11:45 a.m. The OSTB adjourned executive session at 1:20 p.m. ADJOURN The OSTB meetings of July 21, 2016 were adjourned at approximately 1:20 p.m. Approve • Attest: j awk Greenway, Chair Fran Soroka, Office Manager Pitkin County Open Space & Trail Board Pitkin County Open Space & Trails 7/21/2016 OSTB Regular Session Minutes Exhibit A - 7/21/16 OSTB Reg. Minutes 04.CE a T + OST Memorandum syAk•N COU TO: Open Space and Trails Board of Trustees FROM: Gary Tennenbaum SUBJECT: Deer Creek Interim Management Plan DATE: July 21, 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 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 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. In 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. Following 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 Kurtis and CPW have not been successful finding housing in the Aspen area he manages. CPW has inquired if it is possible for OST to allow CPW to use one of the houses for Kurtis. Exhibit A - 7/21/16 OSTB Reg. Minutes 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 on site 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. 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. The draft Interim Management Plan is attached. Public input will be extensive once the planning begins for the full management plan. Staff Recommendation: Approve the Deer Creek Interim Management Plan. If approved,the IGA between CPW and Pitkin County will be brought back to the OSTB on August 4th for an OSTB review and recommendation to the BOCC to approve the IGA. Exhibit A - 7/21/16 OSTB Reg. Minutes DRAFT Deer Creek Open Space Interim Management Plan J U LY 2016 Introduction Pitkin County Open Space and Trails acquired the Deer Creek Open Space in July of 2015. The property, located at 2553 Lower River Rd, Snowmass, CO, offers local agriculture, view plane preservation, recreational access to the Roaring Fork River and Forest Service lands, a riparian area and water rights- all important elements of the Open Space and Trails program. The property was immediately closed to public access until adoption of a management plan. Existing Conditions Deer Creek Open Space is comprised of approximately 38 acres, spanning the Roaring Fork River, the Rio Grande Trail and Highway 82 in the Woody Creek area. It connects to Forest Service lands to the northeast, and to Parks and Wildlife lands to the southwest. The property includes a main house, a guesthouse, a barn, multiple ponds, water rights, an irrigation system, hay fields, and river riparian area. The Open Space property is located at the mouth of Arbaney Gulch. The majority of the gulch is located on Forest Service land with a historic two-track road, which has narrowed to a singletrack trail. The Forest Service does not currently recognize the gulch trail as a route. There are also two Roaring Fork River fishing easements held by Open Space and Trails, to either side of the Deer Creek property. Colorado Parks and Wildlife (CPW) has mapped the Arbaney Gulch area and surrounding Forest Service lands as severe Elk Winter Range. The property itself is identified as severe winter range Mule Deer habitat by CPW. Partner Comments Pitkin County Open Space and Trails staff met with Forest Service and CPW to start the assessment of the wildlife habitat on and surrounding Deer Creek Open Space and discussion ensued about the future of the housing units. CPW staff were interested in looking at a long- term lease on the Deer Creek property. CPW has had a difficult time finding housing for its division wildlife officer in the Aspen area, and the potential to have a horse pasture is very appealing. CPW is willing to take on the necessary improvements in order to bring the main house back up to livable standards, maintain the water rights, modify the ponds to be more Exhibit A - 7/21/16 OSTB Reg. Minutes wildlife friendly, manage noxious weeds, and monitor wildlife use of the property and surrounding area. Management Actions 10-Year Lease Agreement(Long-Term Lease). OST will work out a 10-year Intergovernmental Agreement with CPW for approximately 17 acres of the Deer Creek property (see attached map). CPW's responsibilities will include: maintaining the County's water rights and managing the irrigation system, maintaining the pasture in existing or improved condition, maintaining the main house in a livable condition, upgrading the septic system to Pitkin County codes, managing noxious weeds, modifying existing concrete-lined ponds to be more wildlife friendly and monitoring wildlife use of the property and Arbaney Gulch area. CPW will be allowed to pasture up to 4 horses on the property. 2-Year Lease Agreement(Short-Term Lease) OST will work out a 2-year lease agreement in the Intergovernmental Agreement with CPW for the remainder of the property between the Roaring Fork River and the Forest Service boundary. The 2-year lease agreement area will include public fishing access. CPW will be responsible for noxious weed management and wildlife use monitoring in this area. Public Access Once the Intergovernmental Agreement is signed, the public will be allowed fishing access to the Roaring Fork River from the Rio Grande Trail, as identified on the map. There is no public parking. The public is not allowed in the Long-Term Lease area or to access the surrounding Forest Service lands via the property. The area east of Lower River Road is closed to the public until a full management plan is adopted. Full Management Plan A full management planning process will begin in 2018. CPW will collaborate with Open Space and Trails on the development of the plan, providing valuable insight on how the property functions and how the surrounding habitats are utilized. The full management plan will incorporate public and partner comments. Exhibit A - 7/21/16 OSTB Reg. Minutes Additional Regulations Title 12, Pitkin County Open Space and Trails regulations for all properties and trails, is applicable for the public use of the fishing access area. No commercial or special use is allowed until a full management plan is adopted. Pitkin County will explore giving CPW reciprocal jurisdiction to enforce Pitkin County's rules and regulations in Title 12. Exhibit A - 7/21/16 OSTB Reg. Minutes Deer Creek Ranch Main House Vicinity Map 'M IN'i, • II Deer Creek Ranch CDU i i 1115.0 Yk-:,;'.-4.4 elia- 10-7;;V;(44 Colorado State Lands US Forest Service / 1 l Short Term Lease F ir Fishing Access Long Term Lease I No Lease N Mil ♦ Road I • `82 4i Pond / / Property 1 / Parcel Boundaries I I / I / I I / 1 / 0 125 250 500 I ♦ Feet A / I♦ Exhibit B - 7/21/16 OSTB Reg. Minutes ceCE a T + OST Memorandum k•N COUP TO: Open Space and Trails Board of Trustees FROM: Gary Tennenbaum, Dale Will SUBJECT: Reauthorization DATE: July 21, 2016 The Open Space Board and Staff have been gearing up for reauthorization of the program throughout this year. We have had a series of meetings with the BOCC, culminating in our Joint Meeting of June 14, 2016, where the two boards discussed the details of the proposed extension of the existing 3.75 mil levy through 2040, with concurrent adjustments to allocations and scope via Home Rule Charter provisions. At the Joint Meeting the two boards reached a working consensus about these items, while making some non-substantive edits to the proposed Charter amendments. The purpose of our review today is for the Open Space Board to take a final look at those most recent edits. Over the past 25 years the Open Space and Trails program has evolved from citizen's dreams of raising funds to acquire open space and buy trails into an enormously successful program encompassing more than 20,000 acres of conserved lands and 70 miles of trails. The program has been authorized three times for 10 year terms. Each reauthorization has seen an increasing majority that surpassed 72% approval in 2006. With the amazing success of conserving lands and building trails the charter that was amended in 2006 needs another change to allow the program to address the future needs. Future needs have become apparent with recent acquisitions with historic structures, trails near or adjacent to State and County Right-of-Ways, and stewardship of Federal lands that are critical to the stewardship of County open space lands and trails. The program with direction from a volunteer open space board and the BOCC has demonstrated that it can acquire critical lands, build trails that are huge community assets, and maintain the system very efficiently. Reauthorization at this time, four years from the current expiration of the fund, is prudent and necessary to address the future planning and maintenance of this great system. Tax Rate The OSTB and BOCC have concurred with the staff recommendation that with careful management and planning the existing 3.75 mils will be adequate over time to fulfill the program's mission. Duration At the May 3rd work session with the BOCC the duration of the reauthorization was discussed in detail and the BOCC members present felt that 20 years was prudent to allow more time for the program to maintain its ever growing planning, stewardship, and management responsibilities, its Exhibit B - 7/21/16 OSTB Reg. Minutes mission before having to go back to the voters, but not too long as to see where the need for the funding will be in 2040. A twenty year reauthorization is recommended by the OSTB to best balance the Open Space and Trails program's need for a reliable stewardship/maintenance platform while allowing recalibration once more of the fixed programs costs are known. Allocation The OSTB and BOCC have concurred that the existing Charter allocations should be amended to provide ranges of 25 to 75 percent for acquisition and improvement of open space, 10 to 40 percent for acquisition and construction of trails, and 15 to 35 percent for maintenance. The annual discretion of the OSTB and BOCC to set budgets within these ranges will allow the program to maximize project funding while allowing incremental growth in the maintenance budget as the asset inventory continues to expand during the proposed 20 year duration. Program Scope and Charter Amendments Attached is a draft of the proposed BOCC Resolution which also contains both a draft ballot question and draft OST Charter amendments. • Cultural and Historic Resources. A charter amendment is included to protect and preserve cultural, historic, and archeological resources lying within properties which are otherwise acquired for their Open Space characteristics. Adopting a corollary fiscal policy to keep spending at a modest annual level is anticipated after reauthorization. • Federal lands Stewardship assistance. A charter amendment is included to clarify that the program may assist with federal lands stewardship where also critical to the effective care of County open space lands. A fiscal policy is also anticipated to keep spending at modest levels after reauthorization. • Bike/Ped Facilities on public roads: A Charter amendment is included to allow the program to invest in pedestrian/bicycle improvements along roads. Given our narrow valleys, the Staff have identified several locations where the best option for non-motorized travel may be adjacent existing roadways. Actual project funding will be approached on a project by project basis, and leveraged by the greatest amount of partnerships possible from State and County Road departments as well as GOCO and the State Trails program. • Other Charter Amendments ➢ Reassignment of Property to County Departments; Minor tweaks to the charter include language to allow transfer of property to other County departments when the right was reserved in the purchase. We already have the authority to reserve such transfers to non-County entities, and this change brings the other County Departments into alignment with that. This would allow the program to Exhibit B - 7/21/16 OSTB Reg. Minutes purchase parcels with houses which could be reassigned to the housing program with appropriate compensation for the fair market value. ➢ OSTB approval of annual budget: Another charter amendment is to clarify that the OSTB recommends the annual budget for the Open Space and Trails fund to the BOCC. This is current practice and is now proposed in the charter. ➢ Motor assisted vehicles: One last change is to remove non-motorized from the definition of trails. Upon conferring with the County Attorney, Charter language being adopted by the electorate cannot be amended or affected by any other action of the county, management plans, ordinances, anything. So the limitation is that fund assets collected pursuant to the tax and governed by the Charter cannot be used for a motorized trail. The implication is that even if a mobility impairment law required OST to allow motorized use, we would have to do so without OST funds. Currently, Pitkin County restricts motorized use in Title 12 and in management plans. Staff Recommendation: Approve the draft Resolution, including the Ballot Question and Charter Amendments, and recommend referral of the same onto the 2016 General Election Ballot by the BOCC. Exhibit B - 7/21/16 OSTB Reg. Minutes RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, SUBMITTING TO THE ELECTORATE AT THE ELECTION TO BE HELD ON NOVEMBER _, 2016, REFERENDUM 1B WHICH REAUTHORIZES THE OPEN SPACE/TRAILS PROGRAM BY AMENDING ARTICLE XIII OF THE COUNTY CHARTER, EXTENDING A PROPERTY TAX LEVY OF UP TO 3.75 MILLS FOR TEN YEARS,AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION DEBT IN AN AMOUNT UP TO $20 MILLION. RESOLUTION NO. -2016 RECITALS 1. The Pitkin County Open Space/Trails Program, approved by the electorate and established in 1990,has successfully acquired,protected, improved and maintained critical open space and trails properties of immeasurable and lasting value to the citizens of Pitkin County; and 2. The Open Space/Trails Board of Trustees and the Board of County Commissioners find that, in light of the overwhelming public interest in the mission of the Open Space/Trails Program, a property tax should continue to be levied for this purpose; and 3. Pursuant to Section_of Resolution No.098-2006, the property tax levy of up to 3.75 mills imposed to fund the Pitkin County Open Space/Trails Program terminates in 2019 (for collection in 2020); and 4. The Board of County Commissioners find that the continued acquisition and preservation of open space and trails pursuant to that Program will continue to have a significant beneficial impact on the future of Pitkin County and that the Board therefore has a duty to act as steward of such lands and trails for its present and future citizens; and 5. The acquisition and maintenance of significant open space areas and trails in and around Pitkin County will continue to be more competitive, time-consuming and expensive as a result of market factors; and 6. Additional public funds must therefore be secured which are earmarked for open space and trail acquisition, improvement, management and preservation; and 7. The Colorado County Home Rule Powers Act, at C.R.S. § 30-35-201, grants the following powers to the County: (29)Parks—recreational facilities—conservation easements. (a)To acquire, establish, and maintain such lands, or interests in land, within the county as in the judgment of the governing body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the Exhibit B - 7/21/16 OSTB Reg. Minutes preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest. (33) Acquisition and bonds submitted to electors. (a) For any of the purposes named in subsection(29) of this section within the county limits,to acquire,by purchase, gift, devise, or exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or interests in land shall be so acquired by purchase unless the governing body has adopted an ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interest in land, unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by subsection(6) of this section; and 8. The Board of County Commissioners of Pitkin County, Colorado, pursuant to Section 7.2.11 of the Pitkin County Home Rule Charter, "on its own motion, shall have the power to submit to a general or special election any proposed resolution or question to the vote of the people"; and 9. Sections 8.1.1, 8.1.5, 9.1.1, and 10.1.1 of the Pitkin County Home Rule Charter provide as follows: 8.1.1 —Action to amend a charter shall be initiated by:... A resolution adopted by the Board of County Commissioners submitting the proposed amendment to the qualified electors. 8.1.5 — If a majority of the registered qualified electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved... 9.1.1 —Limitation of Tax Levy: Except as provided in 9.1.3, no increase in the rate or levy of any tax imposed or collected by the County of Pitkin shall exceed the levy or rate of the tax imposed or levied during the calendar year 1979, and no new or additional tax may be levied or collected unless and until such increase, change or new or additional tax is submitted to and approved by a majority of those actually voting in an election on such issue;and 10. Section 20 of Article X of the State Constitution requires voter approval of certain local government matters including the following: a. approval of any new tax, tax rate increase, mill levy above that for the prior year, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain, and b. approval of property tax revenue changes pursuant to Section 20(7)(c); and Exhibit B - 7/21/16 OSTB Reg. Minutes 11. Pursuant to the State Constitution, statute and the Home Rule Charter,the Board of County Commissioners has determined to submit the question of reauthorizing the Open Space/Trails Program, and extending the property tax mill levy to the registered qualified electors of Pitkin County at a general election to be held in the County on November 7, 2016. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: Section 1. BALLOT QUESTION The Board of County Commissioners of Pitkin County, Colorado does hereby submit to the electorate at the general election on November_, 2016, the following question: REFERENDUM 1_ REAUTHORIZING COUNTY OPEN SPACE AND TRAILS PROGRAM FUNDING FOR TWENTY YEARS SHALL THE EXISTING PITKIN COUNTY OPEN SPACE AND TRAILS PROPERTY TAX LEVY OF UP TO 3.75 MILLS BE EXTENDED FOR TWENTY YEARS, COMMENCING WITH THE TAX YEAR 2020 (COLLECTION TO BEGIN IN 2021) AND CONTINUING THEREAFTER THROUGH THE TAX YEAR 2040, [AT A LEVY OF UP TO 3.75 MILLS BUT NOT LESS THAN 2.5 MILLS]; AND SHALL PITKIN COUNTY BE ENTITLED TO COLLECT, RETAIN, AND SPEND ON BEHALF OF THE OPEN SPACE AND TRAILS PROGRAM THE FULL REVENUES FROM THE PROPERTY TAX LEVY OF UP TO 3.75 MILLS REGARDLESS OF WHETHER THE ANNUAL REVENUES FROM SUCH LEVY EXCEED THE REVENUE LIMITATIONS CONTAINED IN THE COUNTY HOME RULE CHARTER, STATE LAW OR THE STATE CONSTITUTION; AND SHALL DEBT PREVIOUSLY APPROVED BY THE ELECTORATE FOR OPEN SPACE AND TRAILS AND THE PROPERTY TAX LEVY REQUIRED TO REPAY SUCH DEBT BE REAFFIRMED, WITH THE ACTUAL PROPERTY TAX LEVY REQUIRED TO REPAY SUCH DEBT ANNUALLY DEDUCTED TO REDUCE THE LEVY OF UP TO 3.75 MILLS AUTHORIZED ABOVE; AND SHALL ARTICLE XIII OF THE PITKIN COUNTY HOME RULE CHARTER BE AMENDED TO REAUTHORIZE AND AUGMENT THE OPEN SPACE AND TRAILS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF RESOLUTION -2016? Section 2. CHARTER AMENDMENT. Exhibit B - 7/21/16 OSTB Reg. Minutes Added ARTICLE XIII—OPEN SPACE/TRAILS 11/6/90 Added 13.1 Open Space/Trails Funds — Restrictions. All funds from the 11/6/90 increase in the mill levy and the issuance of general obligation Amended debt, approved by the electorate November 6, 1990, November 11/2/99 2, 1999, and November 7, 2006, and November 8, 2016 shall be Amended utilized solely for the following purposes and according to the 11/7/06 following restrictions: Added 13.1.1 Separate Fund. Funds shall be deposited in a separate Open 11/6/90 Space/Trails Fund (the "Fund") and shall, together with all Amended interest or other earnings thereon,be earmarked for and restricted 11/2/99 to the acquisition, improvement and maintenance of open space and trails and directly related expenses, including necessary staffing and services,and the payment of debt issued therefor and the costs of such issuance, and such Fund shall not be spent for other purposes under any circumstances. Added 13.1.2 Allocations to Acquisitions and Improvements of Open Space 11/6/90 and Trails. Sixty Five (65%) Seventy five percent (75%) of the Amended revenue collected shall be set aside cxclusively for the 11/2/99 acquisition and improvement of real property, water rights, or Amended mineral rights interests therein for open space uses and purposes, 11/7/06 as defined in Section 13.5.1 (1 - 5 and 10), and twenty(20%) of the revenue collected shall be set aside cxclusively for the acquisition and improvement of real property or interests therein for trail and trailhead uses and purposes, as defined in Section 13.5.1 (6 - 9). Such acquisitions and improvements shall be selected and determined by the Board of County Commissioners from a list of recommended acquisitions and improvements developed by the Open Space/Trails Board to carry out the purposes of the Open Space/Trails Program set forth in Section 13.5.1. Added 13.1.3 Allocations to Maintenance of Open Space and Trails. Fifteen 11/6/90 Five percent (15%) Five percent (5%) of the revenue collected Amended shall be set aside exclusively for managing, maintaining, 11/2/99 rehabilitating and preserving County open space and trails,either Amended acquired from the Open Space/Trails Fund or acquired from 11/7/06 other sources and designated from time to time by the Board of County Commissioners after consulting with the Open Space/Trails Board, and trails made available to the public by other public and private entities. Such revenue shall not be used to replace existing funding for the maintenance of Open Space and Trails except for the maintenance of Nordic trails, which Exhibit B - 7/21/16 OSTB Reg. Minutes prior to 2006 were maintained with funds from other local government sources. For purposes of this Section, maintenance shall also include both fostering stewardship of public and private open space lands and promoting public education and awareness of the benefits of preserving open space and trails. Added 13.1.4 Upon approval of the Board of County Commissioners, after 11/6/90 consulting with the Open Space/Trails Board, the percentage Amended revenue allocations in Sections 13.1.2 and 13.1.3 may be 11/2/99 increased or decreased by up to 10% for any time period ; however, the allocation in Section 13.1.3 shall never be less than 5%. This effectively creates allocation rangcs of 65 85% for open space, 10 30% for trails and 5 15% for maintenance. within the following allocation ranges of 25-75%for open space, 10-40% for trails and 15-35% for maintenance. Added 13.1.5 Funds collected from the issuance of general obligation debt may 11/2/99 be used for the refunding and issuance costs of such debt and for Amended the acquisition, improvement and capital maintenance of open 11/7/06 space and trails properties without being subject to the percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4. Added 13.2 Open Space Trails—Definitions. 11/6/90 Added 13.2.1 "Open Space" shall be defined as primarily undeveloped lands 11/6/90 and waters, which meet one or more of the following criteria: Amended Within public scenic viewplanes; bounding or within urbanized 11/7/06 areas; incorporating or protecting significant wildlife habitat; preserving historic agricultural and ranching activities; protecting riparian or wetlands areas; protecting other public lands from the impacts of development, and preserving cultural, historic, and archeological resources lying within properties which are otherwise acquired for their customary Open Space characteristics. Added 13.2.2 "Trails" shall be defined as accessways, either separate from or 11/6/90 within County and State Road Right-of-Ways, meeting one or Amended more of the following criteria: preserving historic routes of 11/7/06 ingress and egress to public lands and waterways; providing access to and from recreational or urban destinations; providing transportation or recreational opportunities throughout the Roaring Fork Watershed. Added 13.3 Open Space/Trails Board of Trustees. The Pitkin County Open 11/6/90 Space/Trails Board of Trustees, established by the Board of Exhibit B - 7/21/16 OSTB Reg. Minutes Amended County Commissioners, following approval of the electorate at 11/2/99 the November 6, 1990, November 2, 1999, November 7, Amended 2006, and November 8, 2016 elections shall operate as follows: 11/7/06 Added 13.3.1 Qualifications. Five(5)Trustees shall be appointed by the Board 11/6/90 of County Commissioners, one of whom shall reside in each Commissioner District. Each Trustee shall hold no other County or municipal office, shall not be employed by a municipality or county, and shall serve without pay. Added 13.3.2 Term of Office. Each Trustee shall be appointed for a term of 116/90 five (5) years, staggered so that one term expires each year, so that initial appointments shall be for five (5), four (4), three (3), two (2) and one (1) year, respectively. Added 13.3.3 Functions of Board.The Open Space/Trails Board of Trustees shall: 11/6/90 Amended (1) Establish priorities and criteria for the acquisition of Open 11/2/99 Space and of Trails and for the management and maintenance of all properties acquired with expenditures from the Open Space/Trails Fund. (2) Review Open Space/Trails elements of Comprehensive and Area plans and make recommendations concerning any open space-related changes to plans. (3) Make recommendations to the Planning and Zoning Commission as warranted regarding open space/trails impacts of applications filed under the Pitkin County Land Use Code and regarding exactions or dedications required to fulfill the goals of the Open Space and Trails Program, as established in this Article XIII. (4) Make recommendations to the Board of County Commissioners for the acquisition of specific fee interests, options, easements, or other interests in real property from expenditures from the Open Space/Trails Fund. (5) Make recommendations to the Board of County Commissioners for the annual Open Space and Trails Budget capital improvement and maintenance expenditures for the Open Space/Trails Fund. (6) Establish relationships with local and regional land trusts to more effectively discharge Board responsibilities. Exhibit B - 7/21/16 OSTB Reg. Minutes (7) Make recommendations to the Board of County Commissioners for the hiring of a Director, overall staff structure, and participate in performance review of the Open Space/Trails Program Executive Director. Added 13.3.4 Staff Support. The Board of County Commissioners shall employ 11/6/90 Open Space/Trails Program staff,including a Director,from among Amended a list of persons recommended by the Open Space/Trails Board of 11/2/99 Trustees. The Director may not be terminated without cause by the Commissioners without the consent of the Open Space/Trails Board of Trustees. Such staff shall carry out the following responsibilities: (1) Implement the decisions and directives and carry out the administrative functions of the Open Space/Trails Board. (2) Oversee the management and maintenance of open space lands and trails acquired with Open Space/Trails Funds. (3) Review and comment as warranted on all development applications impacting existing and planned open space lands and trails. Added 13.4 (There is no 13.4) 11/2/99 Added 13.5 Open Space/Trails Program. 11/6/90 Amended 11/7/06 Added 13.5.1 Purposes. The Open Space/Trails Board of Trustees shall 11/6/90 promulgate such policies as will further the following purposes for Amended the Open Space and Trails Program: 11/7/06 (1) Shaping development(greenbelt and viewplanes). (2) Protecting significant wildlife habitat, connectivity, and corridors. (3) Preventing encroachment on flood plain and riparian areas. (4) Preserving and promoting historic agricultural and ranching activities. (5) Protecting other public lands from the impacts of development. Exhibit B - 7/21/16 OSTB Reg. Minutes (6) Preserving historic routes of ingress and egress to public lands and waterways. (7) Providing access to and from recreational or urban destinations. (8) Providing recreational opportunities throughout Pitkin County which are directly related to and not inconsistent with the foregoing purposes. (9) Providing a Nordic Trail System. (10)Protecting native aquatic habitat and recreational opportunities associated with streams and rivers. 11. Preserving cultural, historic, and archeological resources lying within properties which are otherwise acquired for their Open Space characteristics. 12. Assisting stewardship of federal lands that are critical to the effective stewardship of open space properties and trails. Added 13.5.2 Limitations. Open Space and Trails acquired with Open 11/6/90 Space/Trails Funds shall be limited to uses consistent with the purposes enumerated in Section 13.5.1 and to such improvements as are necessary to the protection and preservation of such lands and trails for the purposes set forth in Section 13.5.1,unless conversion to additional and/or more active uses and related capital improvements are approved pursuant to Section 13.5.3. Exhibit B - 7/21/16 OSTB Reg. Minutes Added 13.5.3 Prohibitions on sale or conversion of Open Space or Trails. No 11/6/90 open space or trail interest in real property, whether fee, easement Amended or otherwise, acquired with Open Space/Trails Funds, shall be sold 11/7/06 or conveyed nor shall any interest be converted by Pitkin County to any other use or purpose(e.g., golf course, housing)unless such open space or trail interest in real property is replaced with another open space or trail interest in real property of equivalent value as of the date of sale or conversion as determined by the Board of County Commissioners taking into consideration monetary value and the values in 13.5.1, and until such sale or conversion is approved by a majority of the electorate at a general or special election called for this purpose. The Board of County Commissioners shall consult with the Open Space/Trails Board on the equivalent value of the replacement property and the advisability of the sale or conversion and shall publicly disclose the analysis supporting its finding of equivalent value. Notwithstanding the other provisions of this section, partial property interests may be sold or conveyed, or utilized by another County department or function, if the fair market value of the open space interest retained is at least equal to the net permanent investment of open space funds and such sale or conveyance does not materially diminish the conservation values of the property, as set forth in Section 13.5(1) as determined by a vote of at least four members of both the Open Space and Trails Board and at least four members of the Board of County Commissioners,and provided that the County's intention for a partial sale of the interest is expressly stated in the Open Space Board's recommendation of the initial purchase, and in the Board of County Commissioners Ordinance authorizing the initial purchase. Notwithstanding the other provisions of this section,a conservation easement may be conveyed to a third party by Pitkin County to further ensure permanent protection of open space lands owned in fee by Pitkin County. Section 3. CALCULATION OF TAX LEVY. The ad valorem tax pledged to secure the general obligation indebtedness authorized herein shall be without limitation as to levy or amount. However,the actual levy required to service such debt shall annually be deducted from 3.75 mills to establish the remaining maximum levy authorized herein and to establish the net property tax revenue subject to the percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4. Exhibit B - 7/21/16 OSTB Reg. Minutes Section 4. PUBLICATION Pursuant to C.R.S. § 1-5-205, a notice of the election including the date, hours, polling places, and questions submitted shall be published one time in The Aspen Times Weekly and shall be posted in a conspicuous place at the County Clerk's office at least 10 days before the date of the election and until after the election. Pursuant to C.R.S. § 30-11-506 (3a) and Section 8.1.3 of the Home Rule Charter, a notice of the election including the full text of the ballot question and the proposed amendment to Home Rule Charter shall be published one time in The Aspen Times Weekly. Such notices as are required by Section 20(3)(b) of Article X of the State Constitution shall be provided by the County Clerk. Section 5. EFFECTIVE DATE The property tax imposed by this Resolution shall be first levied in 2020 for collection in 2021. The other provisions of this Resolution shall be effective upon adoption. Section 6. TERMINATION The property tax imposed by this Resolution shall continue to be levied through 2039 (for collection in 2040), unless and until amended or repealed by a majority of the registered electors of Pitkin County, Colorado at an election held for such purpose. However, so long as there remain outstanding any bonds or obligations of the County having a lien on the proceeds of all or any portion of this property tax, neither shall the property tax be repealed, nor shall the application of the proceeds derived from such tax be changed in any way which would materially adversely affect the security of such bonds or obligations. Section 7. SEVERABILITY If any provision of this Resolution,ballot question or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provisions or application, and to this end the provisions of this Resolution or the ballot question, as applicable are declared to be severable. BE IT FURTHER RESOLVED that for purposes of C.R.S. § 1-11-203.5, this Resolution shall serve to set the ballot title and the ballot issue for the ballot question, and the ballot title for the ballot question shall be the text of the ballot question itself; BE IT FURTHER RESOLVED that said ballot question shall be submitted to the Pitkin County Clerk and Recorder for inclusion on the November 8, 2016, election ballot, and that said Clerk and Recorder shall cause the text of this question to be published as provided above; Exhibit B - 7/21/16 OSTB Reg. Minutes BE IT FURTHER RESOLVED that the votes cast for adoption or rejection of said ballot question shall be canvassed and the result determined in the manner provided by law. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON AUGUST 10, 2016. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON AUGUST , 2016. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON , 2016. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By By: Jeanette Jones Rachel E. Richards, Chair Deputy County Clerk Date: APPROVED AS TO FORM: John Ely, County Attorney MANAGER APPROVAL: Jon Peacock, County Manager RECOMMENDED FOR APPROVAL: Dale Will, Director of Open Space and Trails