HomeMy WebLinkAbout2017.02.02 OSTB Reg Min_S MINUTES
OPEN SPACE AND TRAILS BOARD
REGULAR SESSION
February 2, 2017
Open Space and Trails/Forest Service Conference Room
806 W. Hallam St.,Aspen
OSTB Present:
Graeme Means Howie Mallory Hawk Greenway Tim McFlynn Wayne Ives
Dist. 1 Dist. 2 Dist. 3 Dist. 4 Dist. 5
Chair
OST Staff Present: Gary Tennenbaum, Janet Urquhart, Lindsey Utter, Jessie Young, Dale Will,
Richard Neiley
Hawk Greenway called the meeting to order at 9:00 a.m.
PUBLIC COMMENT
No public comment
APPROVAL OF THE MINUTES
Wayne Ives moved to approve the OSTB minutes of Jan. 19, 2017 as amended. Tim McFlynn
seconded. Motion passed(5-0).
Introduction of Jessie Young
Lindsey Utter introduced Jessie Young, who has been hired as OST's environmental planner.
Young briefed the board on her education and professional background. Howie Mallory noted
Young has served on the City of Aspen Open Space and Trails Board; board members asked if
she must resign that post. It is Young's decision, Utter responded. City Attorney James True is
looking into whether she may continue to serve on the city board, Gary Tennenbaum added.
Dale Will and Richard Neiley entered the meeting at 9:10 a.m.
Pre-retreat discussion on policies and future agendas
Gary Tennenbaum explained staff wants to review various documents that define the roles and
responsibilities of the Open Space and Trails Board in advance of a May 4 board retreat. The
goal is to make the board's focus policy governance. Tennenbaum said he and Dale Will are
reaching out to other jurisdictions to see how their open space boards function. Tennenbaum said
the goal is to seek decisions from the board at the retreat, not at the discussions leading up to the
retreat.
Board members noted inconsistencies between the board charter and board practice, and Wayne
Ives asked how the charter(Article 13 of the Pitkin County Home Rule Charter) can be
amended. It will require an election, he was told, but policies and board bylaws can be updated in
the interim. Dale Will said he'd like to familiarize the board with all of its existing policies
before the retreat. The board can choose to focus on a narrower set of functions than what is
outlined in the charter, Will added.
02/02/2017 OSTB Regular Session Minutes
Page 1 of 3
Sections of the charter(see Attachment A)that are inconsistent with the way the board actually
operates, and that should be addressed(as identified by board members), include Section 13.3.3
(1), (2) and(3). Staff can do a better job of updating the board on master plan updates,
Tennenbaum said. Hawk Greenway noted the board hasn't always successfully addressed
impacts on open space posed by land-use proposals.
The board isn't involved in staff hiring as described in Section 13.3.4, but Graeme Means
suggested the board should have some information about applicants for staff positions. That
would present a lot of work if the board is involved in the hiring of seasonal staffers,
Tennenbaum said. Means reiterated that the board should be "a little bit more in the loop."
Hawk Greenway asked about the implications of Section 13.1.1 on spending funds related to
federal lands. A federal lands policy is on the staff list of needed policies, Tennenbaum noted.
The policy is addressed in 13.5.1 (12).
Greenway also noted the board has not prioritized through formal policies some of the purposes
outlined in Section 13.5.1. Howie Mallory said 13.5.1 (1) - shaping development (greenbelt and
viewplanes) is a valleywide role for OST. Conservation outside of the Pitkin County boundary is
a policy on the OST work plan, Tennenbaum noted.
Dale Will asked, and board members agreed, that looking at the roles and responsibilities of the
board should be the focus of the retreat. Will suggested taking a closer look at the charter at the
board's Feb. 16 meeting. The staff will compile the highlights of the board's discussions as it
looks at the laws, policies and customs that define how the board operates.
Tim McFlynn suggested that a telemeeting policy be moved up in the work plan so it can be
discussed before the retreat. Howie Mallory asked for an opinion from the county attorney's
office on participation in a board meeting via telecommunication.
Dale Will said the board needs to review all of the policies that have already been adopted, and
add the telemeeting policy to that list. The board's bylaws call for a two-year sunset on policies—
a provision that also needs to be tweaked, he said. A discussion of the provisions of Title 12
should also occur, Tennenbaum said.
BOARD AND STAFF COMMENTS
Howie Mallory updated the board on the City of Aspen's Cozy Point Master Plan process. Tim
McFlynn suggested there may be a role for Pitkin County to play in updating the facilities at
Cozy Point.
Hawk Greenway asked if staff can compile a list of trail easements and their costs, similar to
OST's list of property and conservation easement acquisitions.
Howie Mallory asked if OST receives the interest earned on the revenues collected through the
OST mill levy. Yes, Dale Will responded.
02/02/2017 OSTB Regular Session Minutes
Page 2 of 3
0 Dale Will updated the board on OST land officer Matt Adeletti's pending departure. He has
accepted a job as a real estate specialist with Colorado Parks and Wildlife in Denver.
EXECUTIVE SESSION
The OSTB 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 at 10:30 a.m. The OSTB
adjourned executive session at 1:03 p.m.
ADJOURN
The OSTB regular and executive sessions of Feb. 2, 2017 were adjourned at approximately 2:30
p.m.
Approved: Attest:
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Hawk Greenway, Chair Janet Urquh
Pitkin County Open ace & Trails Board OST Stewardship and Outreach Coordinator
02/02/2017 OSTB Regular Session Minutes
Page 3 of 3
Attachment A
2/2/17 OSTB Regular Session Minutes
Added 11/6/90 ARTICLE XIII — OPEN SPACE/TRAILS
Added 11/6/90 13.1 Open Space/Trails Funds— Restrictions. All funds from the increase in the
Amended 11/2/99
Amended 11/7/06 mill levy and the issuance of general obligation debt, approved by the
Amended 11/08/16 electorate November 6, 1990, November 2, 1999, November 7, 2006, and
November 8, 2016 shall be utilized solely for the following purposes and
according to the following restrictions:
Added 0 13.1.1 Separate Fund. Funds shall be deposited in a separate Open
Amendeded 11/11/2/99
Space/Trails Fund (the "Fund") and shall, together with all interest or other
earnings thereon, be earmarked for and restricted 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 11/6/90 13.1.2 Allocations to Acquisitions and Improvements of Open Space and Trails.
Amended 11/2/99
Amended 11/7/06 Sixty Fiver (65%) of the revenue collected shall be set aside for the
Amended 11/08/16 acquisition and improvement of real property, water rights, or interests
therein, which interests shall include, but are not limited to mineral rights,
for open space uses and purposes, as defined in Section 13.5.1 (1 - 5 and
10), and twenty percent (20%) of the revenue collected shall be set aside
exclusively 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 11/6/90 13.1.3 Allocations to Maintenance of Open Space and Trails. Fifteen percent
Amended 11/2/99
Amended 11/7/06 (15%) of the revenue collected shall be set aside exclusively for
Amended 11/08/16 managing, maintaining, rehabilitating and preserving County open space
and trails, either acquired from the Open Space/Trails Fund or acquired
from 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 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 11/6/90 13.1.4 Upon approval of the Board of County Commissioners, after consulting
HOME RULE CHARTER 46
Includes 1978 through 11/08/2016 Amendments
Attachment A
2/2/17 OSTB Regular Session Minutes
Amended 11/2/99 with the Open Space/Trails Board, the percentage revenue allocations in
Amended 11/08/16
Sections 13.1.2 and 13.1.3 may be increased or decreased for any time
period within the following allocation ranges of 25-75% for open space, 10-
40% for trails and 15-35% for maintenance.
Added 11/2/99 13.1.5 Funds collected from the issuance of general obligation debt may be used
Amended 11/7/06
for the refunding and issuance costs of such debt and for the acquisition,
improvement and capital maintenance of open 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 11/6/90 13.2 Open Space Trails — Definitions.
Added 11/6/90 13.2.1 "Open Space" shall be defined as primarily undeveloped lands and waters,
Amended 11/7/06
Amended 11/08/16 which meet one or more of the following criteria: Within public scenic
viewplanes; bounding or within urbanized 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 11/6/90 13.2.2 "Trails" shall be defined as access ways, either separate from or within
Amended 11/7/06
Amended 11/08/16 County and State Road Rights-of-Way meeting one or more of the
following criteria: preserving historic routes of 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 11/6/90 13.3 Open Space/Trails Board of Trustees. The Pitkin County Open
Amended 11/2/99
Amended 11/7/06 Space/Trails Board of Trustees, established by the Board of County
Amended 11/08/16 Commissioners, following approval of the electorate at the November 6,
1990, November 2, 1999, November 7, 2006, and November 8, 2016
elections shall operate as follows:
Added 11/6/90 13.3.1 Qualifications. Five (5) Trustees shall be appointed by the Board 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 116/90 13.3.2 Term of Office. Each Trustee shall be appointed fora term of 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 11/6/90 13.3.3 Functions of Board. The Open Space/Trails Board of Trustees shall:
Amended 11/2/99
HOME RULE CHARTER 47
Includes 1978 through 11/08/2016 Amendments
Attachment A
2/2/17 OSTB Regular Session Minutes
Amended 11/08/16
(1) Establish priorities and criteria for the acquisition of Open 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
Open space and Trails Fund Budget.
(6) Establish relationships with local and regional land trusts to more
effectively discharge Board responsibilities.
(7) Make recommendations to the Board of County Commissioners for the
hiring of a Director and for the overall staff structure, and participate in
performance reviews of Open Space/Trails Program staff.
Added 11/6/90 13.3.4 Staff Support. The Board of County Commissioners shall employ Open
Amended 11/2/99
Space/Trails Program staff, including a Director, from among a list of
persons recommended by the Open Space/Trails Board of 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.
HOME RULE CHARTER 48
Includes 1978 through 11/08/2016 Amendments
Attachment A
2/2/17 OSTB Regular Session Minutes
Added 11/2/99 13.4 (There is no 13.4)
Added 0 13.5 Open Space/Trails Program.
Amendeded 11/11/7/06
Added 0 13.5.1 Purposes. The Open Space/Trails Board of Trustees shall promulgate
Amendeded 11/11/7/06
Amended 11/08/16 such policies as will further the following purposes for Open Space and
Trails acquisitions:
(1) Shaping development (greenbelt and viewplanes).
(2) Protecting natural biodiversity, including but not limited to incorporating
or 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,
and local production agriculture.
(5) Protecting other public lands from the impacts of development.
(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, archeological, and paleontological
resources lying within properties which are otherwise acquired for their
Open Space characteristics.
(12)Assisting with stewardship of federal lands that are critical to the
effective stewardship of open space properties and trails.
Added 11/6/90 13.5.2 Limitations. Open Space and Trails acquired with Open 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
HOME RULE CHARTER 49
Includes 1978 through 11/08/2016 Amendments
Attachment A
2/2/17 OSTB Regular Session Minutes
13.5.3.
Added 11/6/90 13.5.3 Prohibitions on sale or conversion of Open Space or Trails. No open
Amended 11/7/06
space or trail interest in real property, whether fee, easement or otherwise,
acquired with Open Space/Trails Funds, shall be sold 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 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 fort 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.
HOME RULE CHARTER 50
Includes 1978 through 11/08/2016 Amendments