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HomeMy WebLinkAbout2016_10_06 OSTB Reg Minutes_S MINUTES OPEN SPACE AND TRAILS BOARD REGULAR SESSION October 6, 2016 RMI Lewis Media Center 22830 Two Rivers Road, Basalt OSTB Present: Graeme Means Howie Mallory Hawk Greenway Tim McFlynn Wayne Ives Dist. 1 Dist. 2 Dist. 3 Dist. 4 Dist. 5 Chair Absent Staff Present: Gary Tennenbaum, Matthew Adeletti, Lindsey Utter, Paul Holsinger, Ted O'Brien, Fran Soroka, Janet Urquhart, John Ely BOCC Present: George Newman Others Present: Bill Fales, Marge Perry, Katie Fales, Zach Smith Hawk Greenway called the meeting to order at 9:05 a.m. PUBLIC COMMENT No public comment Water policy Gary Tennenbaum introduced the topic, telling the board that finding ways to leave water in a river for conservation purposes is a broad policy issue, as well as a legal issue. It is a matter that will need further discussion in the coming winter, he said. John Ely said such a policy would represent a "sea change"from existing county policy. Zach Smith, staff attorney for the Colorado Water Trust, explained the statewide water plan and its provisions to address the "gap"between water needs for Colorado's growing population and agricultural water rights. The state needs to work toward flexible solutions that meet both those demands, he said. Smith reviewed the state laws that he said allow water rights holders to leave water in rivers without jeopardizing their water rights. The Crystal River, in particular, has been extensively analyzed to determine how non-diversion agreements could help streamflows in a stretch of the river that is most impacted in drought years. Gauges would be used to determine whether water that is not diverted remains in the river, he said. He explained how records are kept and water rights are protected when consumptive use of water is reduced within a conservation program. He noted how such conservation efforts have worked in places around the state, but said protection of water rights through conservation has not been tested in court. Hawk Greenway asked about "holes" in the data set for area rivers and streams. A patchwork of studies for different reaches exist, but are not coordinated with one another, Ely said. Data is the key to managing water, said Tim McFlynn, noting Snowmass Creek has also been extensively studied. Graeme Means asked Ely if he sees holes in an agreement a water user could enter into 10/06/2016 OSTB Regular Session Minutes Page 1 of 3 to leave it in a stream for conservation purposes. That depends on how the transaction is set up, Ely responded. The statutory tools for such an arrangement are legitimate, he added. EXECUTIVE SESSION The OSTB moved to enter into executive session in accordance with CRS 24-6-402(4) (a), (b) and(e) for the purpose of discussing acquisitions and negotiations, and receiving legal advice, at 9:50 a.m. The OSTB adjourned executive session at approximately 12:38 p.m. George Newman left the meeting at 10:30 a.m. Bill Fales, Marge Perry, Katie Fales and Zach Smith left the meeting at 11:06 a.m. John Ely left the meeting at 11:35 a.m. REGULAR SESSION The OSTB reconvened in regular session at 12:38 p.m. APPROVAL OF THE MINUTES Graeme Means moved to approve the minutes of Sept. 15, 2016 as amended. Howie Mallory seconded. Motion passed(4-0). Matthew Adeletti departed the meeting at about 12:45 p.m. 2017 OST Budget Gary Tennenbaum introduced the budget, noting no board decision is necessary until the board's Oct. 20 meeting. He noted the budget includes the addition of an environmental planner on the staff. He said he would like to begin advertising the position before 2017 with the hope of having the planner on staff by January. The two major priorities for 2017 are planning of the Carbondale-to-Crested Butte Trail and the Castle Creek Trail, Tennenbaum said. The BOCC has expressed support for prioritizing the Castle Creek Trail project, he added. Staff can handle planning for both projects with outside consultants to assist with outreach and engineering on the Castle Creek Trail project, he said. The City of Aspen will put $25,000 toward planning the project in 2017; the county will take the lead on the planning. Tim McFlynn said he assumed previous engineering work on the Castle Creek Trail can be updated and suggested the public process for the project will be a fraction of the magnitude of the public process for the Carbondale-to-Crested Butte Trail planning. He endorsed the proposed addition of a staff environmental planner. Graeme Means said, if the ballot question to reauthorize the OST tax is approved, he hopes use of the Castle Creek Road right-of-way for the trail can be explored. The reauthorization includes the ability to pave road shoulders for use as dedicated trails. There are constrained areas on the road, Tennenbaum said, noting the old engineering estimate for the trail was about $2.2 million. He said it could be closer to $3 million now, and predicted its construction would involve a partnership between the city, county and the two schools the trail will serve. Howie Mallory also endorsed the new environmental planner position. 10/06/2016 OSTB Regular Session Minutes Page 2 of 3 Hawk Greenway asked about the bond refinancing detailed in the OST multi-year projection and McFlynn asked that the board be told when the bonds will be paid off when it meets again Oct. 20 to discuss the budget. Tennenbaum noted the multi-year projection shows a budget deficit for maintenance by 2018. If the reauthorization does not pass, funds will be reallocated to address the deficit, he said. Tennenbaum also reviewed several other projects slated for 2017, including construction of the parking area to serve Glassier Open Space, which will be bundled with a Rio Grande Trail trailhead near Basalt High School and changes to the parking area at Jaffee Park. The bridge linking Lazy Glen Subdivision and Lazy Glen Open Space is also slated for installation next year. Creating new paved and soft-surface segments of the Rio Grande Trail in the vicinity of Lazy Glen Open Space is also planned in 2017, he said. BOARD ACTION Pan and Fork acquisition Tim McFlynn moved to recommend that the Board of County Commissioners consider joining Eagle County in a funding partnership to contribute to the Pan and Fork purchase on the condition that Basalt voters approve the purchase. Graeme Means seconded. Motion passed(4- 0). BOARD COMMENTS Hawk Greenway noted that Howie Mallory is a new grandfather; Mallory said his grandson's name is Theo Mallory Jeffries. Tim McFlynn reiterated support for the environmental planner position and said he would be unavailable for the Oct. 20 meeting. He also called the meeting extraordinary and complimented staff for a year that has included reauthorization, reorganization and office relocation. Hawk Greenway said he too supports the environmental planner position. Greenway encouraged board members to get any additional comments they want to make on the draft Cozy Point Ranch Management Plan to Tennenbaum, who will forward them to the City of Aspen. ADJOURN The OSTB regular and executive sessions of October 6, 2016 were adjourned at approximately 1:22 p.m. Approved: Attest: aw Greenway, Chair Ja Urquhart Pitkin County Open Spac Trails Board T Stewardship and Outreach Coordinator 10/06/2016 OSTB Regular Session Minutes Page 3 of 3