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HomeMy WebLinkAbout2017.07.18 OSTB_BOCC joint reg min_S MINUTES OPEN SPACE AND TRAILS BOARD AND JOINT MEETING WITH PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR SESSION July 18, 2017 Pitkin County Library Community Room 120 N. Mill St.,Aspen OSTB Present: Wayne Ives (Chair), Graeme Means, Howie Mallory, Hawk Greenway, Tim McFlynn Staff Present: Gary Tennenbaum, Dale Will, Janet Urquhart, Michael Kraemer, Fran Soroka Others Present: Holly McLain, Leslie Thomas Wayne Ives called the meeting to order at 8:35 a.m. PUBLIC COMMENT Leslie Thomas had several questions about the OSTB's May 4, 2017 retreat minutes. Ms. Thomas questioned whether OSTB had changed how OST management plans are authorized. Dale Will responded that OST's management plan adoption process has not changed. The OST program's management plans are adopted by the Open Space & Trails Board of Trustees (OSTB). The OST program goes out of its way to inform the Pitkin County Commissioners (BOCC) during the planning process which provides the BOCC an opportunity to comment or make recommendations to the management plans. Ms. Thomas continued to question whether the minutes reflect a new approval procedure for management plans that OST did not publicize during OST's 2016 reauthorization campaign and pressed for a 'yes' or 'no' response. Dale responded 'no' it is not a new approval process, OST has always taken opportunities to review management plans with BOCC. Gary Tennenbaum added that the plan approval process has been functioning in the same manner since about 2005 when OSTB's management plan approval authority was included the County's Title 12 regulation. Gary continued by using Sky Mountain Park Management Plan and Glassier Open Space Management Plan as an examples; the OSTB adopted/authorized the plans with input from the BOCC. Ms. Thomas countered from her experience/recollection the OSTB adopted the Glassier plan and then the BOCC stepped in and made recommended changes to that plan which changed that plan. Ms. Thomas then questioned the minutes table graphic on page 21 and specifically asking what the intent was of table's content `Control the human, material and informational resources of organization to support policy and administrative function'. She continued questioning whether the table's content intent was to control what information is released to the public and or the press. Dale responded that the table was used as an instructional tool by the County Manager during the OSTB retreat discussions as a way to look at how various boards can choose to function and the table is not to be interpreted as part of OSTB's formal governance policy. The County Manager used the same instructional table for discussion with the BOCC during their retreat. In regard to Ms. Thomas question about the table content; Dale explained the table's content should not be interpreted as some draconian effort to shield information from the public it simply means that day to day management decisions would be made by the department's director and not a board decision. 1 OSTB 5/4/2017 Retreat Minutes;page 2 of 8 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 1 of 9 Holly McLain passed out a trail safety sign that the Roaring Fork Valley Horse Council (RFVHC) and Roaring Fork Mountain Bike Association(RFMBA)have produced jointly in order to raise awareness and educate trail users on what to do when encountering a horseback rider. Ms. McLain explained that Pitkin County OST's universal triangular trail etiquette signs are useful, but the signage does not explain what to do when encountering a horseback rider. Ms. McLain continued that the Bureau of Land Management (BLM)has posted this signage in several locations along Prince Creek and that the local bike shops support the signage. She was requesting OST consider utilizing the signage at Pitkin County trailheads and parking areas where horseback riders and bikers share the trails using Sky Mountain Park and Glassier Open Space as examples. In regard to the Prince Creek area, Hawk Greenway asked whether there has been any improved mountain bike behavior after the BLM posted the signage. Ms. McLain responded from her experience more bike riders are stopping and asking about how to behave when encountering horseback riders. Ms. Thomas added that the bike community is supportive and want to know how to behave around horses and that it is really a small number of bike riders that treat the trails as an extreme exercise course experience. Tim McFlynn added that OSTB has seen the signage once before and he appreciated the signage being re-introduced to the Board. As a past outfitter, Tim added the sign contains useful information and OSTB would discuss further. Gary added that some parking areas like Sky Mountain Park parking areas are not owned by Pitkin County and thus adds an additional approval layers. Wayne Ives added he appreciated Ms. McLain's comment. Leslie Thomas and Holly McLain left the meeting at 8:48 a.m. APPROVAL OR THE MINUTES Hawk Greenway moved for the OSTB to approve the June 22, 2017 OSTB regular session minutes as amended and the OSTB executive session minutes of the same date as presented. Tim McFlynn seconded. Motion passed. (5-0) OSTB Bylaws (These minutes reflect agreed upon edits (yellow highlight) and changes to the draft Bylaws presented 7/18/172) Article IV—Membership (page 2 of 17) Section 5. Service of Trustees There was Board discussion on the meaning of`timely' recommendation. Final consensus was to not change the final draft content. Article VI—Meetings (page 3 of 17) Section 1. Regular Meetings The executive director and the chair in any given month may schedule a second regular meeting. Section 9. Committees (page 4 of 17) The Board may create committees of two or more Trustees, and such other persons as authorized by the Board, for the purpose of researching and reviewing special topics, and advising the Board regarding the same. 2 Draft OSTB Bylaws and draft OSTB Working Agreements meeting materials for 7/18/2017 OSTB regular meeting. 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 2 of 9 New Section—Meeting Cancelation There was Board discussion that the Bylaws need a provision to cover meeting cancelations. Staff will research and draft language that will include the executive director and chair can cancel a meeting and will provide a reason for the cancelation. Draft language will be emailed to the Board. Article VII—Conflict of Interest(page 4 of 17) It was suggested to retain the current Bylaw content, but to forward a memo to the BOCC encouraging the BOCC to address institutional conflicts in the Standard of Conduct for Pitkin County Public Officials. (See Board Action below) OSTB Working Agreements 1. Core Functions: (page 10 of 17) D. Promulgating general policies to guide the ongoing investment in stewardship of open space resources. 2. Agendas and Packets: (page 10 of 17) The agenda items and packet contents will be identified by the chair, or their delegee, and the executive director, or their delegee,prior to each meeting. (See Board Action below) BOARD ACTION OSTB Bylaws Hawk Greenway moved for the OSTB to adopt the Open Space and Trails Board of Trustees Bylaws as edited July 18, 2017 and with further clarification for a provision about meeting cancelation. Tim McFlynn seconded. Motion passed. (5-0) OSTB Working Agreements Hawk Greenway moved for the OSTB to adopt the Open Space and Trails Board of Trustees Working Agreements as edited July 18, 2018. Tim McFlynn seconded. Motion passed. (5-0) Michael Kraemer entered the meeting at 8:55 a.m. Laura Makar entered the meeting at 9:05 a.m. BOARD & STAFF COMMENTS Howie Mallory commented about the July 15th White River National Forest presentation by Aaron Mayville. Mr. Mayville spoke briefly about the big horn sheep population in the Holy Cross/Eagle area north of the Colorado River. Mr. Mayville said the sheep in this area are not infected by the same parasite infecting the Crystal River valley sheep population. Howie suggested that staff contact Mr. Mayville. Howie commented he had recently biked the Crystal Trail past Cold Mountain and back. He noted the only signage he saw was Great Outdoors Colorado award signs. Gary added the Crystal Trail will be part of the 2018 signage implementation projects budget. When the total signage implementation is completed there will be approximately a grand total of ten to twelve thousand 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 3 of 9 signs. The fishing easement signage are being installed as the Attorney's office clears the easements. Howie brought up for discussion Colorado's Senate Bill 1151 concerning the regulation of electrical assisted bicycles. Gary responded RFTA wants to temporarily provide transportation options on sections of the Rio Grande Trail while the Glenwood Springs Bridge is being constructed. Commissioner George Newman is working with RFTA determining whether to temporarily allow e-bikes and e-bike size and power limits. The Senate bill allows local jurisdiction to make their own e-bike determinations. Currently, OST's Title 12 regulation prohibit e-bikes on OST trails unless A.D.A. impaired on A.D.A. compliant OST hard surface trails. Staff is working this fall with all the valley's jurisdictions toward a uniform approach and will go through a public process. Howie added that the City of Aspen will follow the State's recommendations subject to Pitkin County's regulations. Gary added that Aspen bike rental shops leasing e-bikes have created a very difficult season for the Rangers especially on the Rio Grande Trail. Many e-bike renters have been turned back despite explicate signage in Stein Park. Tim McFlynn contributed that the State legislature passed the law in April and the law classified as non-vehicles all class one assist e-bikes with speed capacity at not more than twenty miles per hour. Tim continued that he has been approached by several Commissioners and senior members of the public that want the option to utilize e-bikes on the trails. Gary added coming up with a consistent valley wide policy for the hard surface trails will be critical. Tim showed a picture of a sign taken at the base of Smuggler warning individuals that they will be ticketed $100 when using an e-bike on Smuggler Road. Tim suggested utilizing reporters, advertising and newspaper block ads reminding the public during this high season that Pitkin County trails are non- motorized trails. OSTB EXECUTIVE SESSION AND JOINT BOCC EXECUTIVE SESSION The OSTB moved to enter executive session in accordance with CRS 24-6-402(4) (a)(b) and(e) for the purpose of discussing acquisitions, advice from attorney and negotiations at 9:33 a.m. The BOCC moved to convene jointly with the OSTB in executive session in accordance with CRS 24-6-402(4) (a), (b) and(e) for the purpose of discussing acquisitions, advice from attorney and negotiations at 10:00 a.m. The joint executive session concluded at 11:30 a.m. JOINT OSTB and BOCC REGULAR SESSION MEETING Pitkin County Library Community Room OSTB Present: Wayne Ives (Chair), Graeme Means, Howie Mallory, Hawk Greenway, Tim McFlynn BOCC Present: George Newman (Chair), Patti Clapper, Rachel Richards, Greg Poschman, Steve Child Staff Present: Gary Tennenbaum, Dale Will, Jessie Young, Lindsey Utter, Janet Urquhart, Jon Peacock, Laura Makar, Fran Soroka Others Present: Leslie Thomas, Sloan Shoemaker, Mike Prichard, Rheta Strong Media Present: GrassRoots TV crew George Newman called the BOCC work session to order at 12:00 p.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 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 4 of 9 Prince Creek Open Space Management Plan3 `Plan' Patti Clapper and Hawk Greenway recused themselves from this discussion because of a conflict. Gary Tennenbaum introduced the Plan and added that OST has been working to bringing trail and parking opportunities into this area for many years. The Plan has completed several public processes and is being presented today in final draft form for OSTB approval and consultation with the BOCC. The Prince Creek area has seen expanding recreation trail growth. Situated above OST's planning area is the Bureau of Land Management's (BLM) Crown Mountain which has been designated by the BLM a special recreation management area. Although Crown Mountain's recreational user numbers are expanding there is little infrastructure for parking and trails. The Plan tries to solve Prince Creek Road safety issues and address public parking opportunities while working with multiple partners to meet these goals. Jessie Young presented an overview of the Plan's components. The planning area extends from the Crown Mountain BLM boundary 1.45 miles to the Open Space Bull Pen parcel and then via the trail's phase two effort 1.6 miles along Prince Creek road ultimately reaching the junction with Highway 133. Even though the corridor varies in width from twenty feet to one hundred feet it provides a viable trail platform. Separating the recreational uses from the road and providing parking are the main issues the Plan tries to address. The Plan provides parking options that will be later determined and will ultimately go through an OSTB approval process. The planning area is covered by many restrictive covenants that restrict uses to non-motorized and dogs must be leashed. Board Comments Greg Poschman noted the Plan indicates that weed management would be on fee simple only. He questioned whether weed mitigation would be applied to OST easements. Jessie responded that weed management would occur along the entire trail and parking area. The Plan would be amended to correct the oversight. Steve Child questioned the trail easement widths through Tybar Ranch area. Jessie responded that from the BLM boundary to Tybar fee area the easement length is about .75 miles of road frontage and is constrained,but there is some road right-o-way options that can be utilized. Where road sightlines are not a problem then directional trails can be provided with scaling down to one trail in the constrained areas. Gary contributed that there is no easy answer,because trail also needs to work with Tybar's cattle operations. The width fluctuates from 20 to 30 to 100 feet in some area plus the area is shared with the creek. Howie Mallory asked for elaboration about the BLM's parking plans. Lindsey Utter responded that the BLM currently provides parking on the top and the mid-section of Crown Mountain. The BLM was in the process of conducting an environmental assessment(EA) to examine components of the recent land exchange, but the process is on hold because of the current land 3 Prince Creek Open Space Management Plan—final draft dated July 11,2017 and part of July 11,2017 Joint OSTB and BOCC meeting materials. 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 5 of 9 exchange law suit. The goal of the EA would be looking to adopt some of the trails as entrance to the Crown, locating designated camping with associated parking and locating potential lower areas for parking. On the lower portion of the Crown is small meadow with a trail through it that could provide potential parking, but is also part of the land exchange that continues to be disputed. The BLM has endorsed the concept for lower parking. Gary added that staff is working with the BLM on a holistic view. Colorado Parks and Wildlife (CPW)would like to see parking provided in the lower Crown area because trails are open year-round.To clarify the current Crown parking locations being discussed, Tim McFlynn added that the upper Crown year-round parking area is where East Sopris and West Sopris roads meet on the upper Crown. Tim questioned whether the content of the Crown's special recreation management area designation provided locations for parking areas and trailheads. Gary responded it does not which is another reason OST is partnering with the BLM and other agencies trying to find ways to solve infrastructure needs that will work for Prince Creek Open Space and Crown Mountain. OST has worked well with the BLM solving similar issues associated with the Glassier Open Space side of Crown Mountain like improved trail access and providing expanded public parking at Hook Spur. Gary continued that the potential BLM area along Prince Creek road could provide some parking, but is not adequate to solve alone all the current parking demands. Rachel Richards commented that the BLM did not address enforcement when designating the Crown as a special recreational area. Rachel requested the Plan include an action item to pursue a memorandum of understanding (MOU) with the BLM, CPW and Pitkin County addressing how the wider Prince Creek and Crown recreational areas will be managed and enforced. Rachel also commented there may be a need to work with the BLM about dust suppression on dirt roads. Rheta Strong entered the meeting at approximately 12:1 S p.m. Public Comment Leslie Thomas, Pitkin County resident and representing the Roaring Fork Valley Horse Council (RFVHC) The area for horse trailer parking is currently at the upper Crown lot which takes thirty minutes on rutted steep dirt road to access and then from the parking area the equestrian trail choice is a very steep two track trail shared with four wheelers and mountain bikers. Not a good trail experience for anyone. Ms. Thomas asked for the presentation's `Management Actions: Recreation' map be displayed and referred to the `horseback rider' icon area as location where there are several old Crown access trails at a great grade. She also noted this area has BLM signage denoting allowable equestrian use, but there is no place to park along Prince Creek road for equestrians to access this area. Ms. Thomas expressed frustration that the RFVHC is listed as a partner but was never been invited to participate in the management planning, the Prince Creek Plan has been rushed, the public process compressed and the Prince Creek Trail continues to be referenced as a hiking and biking trail. Ms. Thomas concluded by asking the Boards to consider accommodating equestrians. Sloan Shoemaker, Garfield County resident on County Road 111 and was speaking as a private citizen. Mr. Shoemaker stated he appreciates OST's intentions to address the recreational use problems occurring along Prince Creek Road. As a resident his major concern is traffic impacts and 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 6 of 9 suggested that Garfield County be included in the MOU suggested by Commissioner Richards. He would appreciate seeing Garfield County Sheriffs patrolling the road more. Mr. Shoemaker commented for the OSTB to also keep in mind as infrastructure goes in there will be increased traffic. Mike Prichard, Director of the Roaring Fork Mountain Bike Association. Parking remains a problem and will remain until a solutions can be worked out. Mr. Prichard urged the OSTB to adopt the Plan today. Mr. Prichard then continued to speak on how the Crown is currently being used and he suggested the use of directional trails as part of the solution. The Haines parcel is comprised of dense system of winding single track trails with dense low hanging oak vegetation. These are trail characteristics enjoyed by mountain bikers. Because of the area's high use and characteristics of the trails there are often user conflicts on these two way trails. Directional trail designations will be a solution. Providing parking lower down on Prince Creek Road will make more sense. Investing in the infrastructure is wise and will make the community stronger and healthier. Rheta Strong, President of the RFVHC and 45 year Pitkin County Emma resident. The expanded recreation created from Glassier OS onto the Crown and now from Prince Creek to the Crown has created an outdoor playground which is heavily weighted in favor of mountain bike usage. She has accessed the Crown over these many years by horseback. As the recreational uses have exploded over the last eight years Ms. Strong has also noted the ranchers are no longer comfortable grazing cattle on the Crown. The cattle grazing did not interfere with wildlife. The increased recreation activities have pushed the elk migration lower into Emma. BLM's Crown Mountain is open year round, the Glassier OS access to the Crown opens on May 15th, opening more access from the Prince Creek side will only compound the pressure on wildlife. Ms. Strong encouraged the OSTB not to approve the Plan now. Pitkin County needs to solve the problems and figure out how to control the number of people using the Crown. Additional OSTB and BOCC comments Howie Mallory asked staff to clarify what is actually being up for OSTB approval today. Gary responded the OSTB would be approving the overall Prince Creek Open Space Management Plan which includes beginning the trail's phase one construction this year, the action items within the Plan, and that the final parking option with associated budget including road improvements would come back to the OSTB for approval. Tim McFlynn added that adopting the Plan today does not commit to a location of a parking area. The Plan's action item is to look at parking area alternatives one of which is the Bull Pen parcel. OSTB's adoption does commit to the phase one trail segment. Graeme Means noted the Plan has many public comments about bike and car speeds. Graeme urged staff when implementing the Plan to consider speed bumps to deal with excessive speeds. He suggested documenting the types of winter usage, consider smaller parking areas not one main parking area, be open to the fact that some users will be on the road, enforce OSTB's biodiversity pledge when considering wildlife and accept that OST cannot control the whole Crown recreation area. Graeme continued that by working with the BLM the Plan is working 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 7 of 9 toward solving many recreation issues. He supports the Plan as a good way to deal with an existing problem. George Newman offered a historical perspective. Pitkin County was a cooperating agency with the BLM during their revisions to the BLM's travel management plan over many years. Pitkin County and OST staff opposed the BLM's designation of Crown Mountain as a special recreation area. The BLM did not have a management plan for the Crown nor did the BLM have staff for enforcement and these issues continue today. George continued by crediting Pitkin County Open Space Staff and Trustees for taking on the challenge to address the parking problems, wildlife considerations and trail usage issues that have promulgated from the federal land. Going forward, the Plan fosters a cooperative relationship with the BLM that will ultimately create a better amenity. Rachel Richards offered an alternative to creating an MOU with the BLM. Work to encourage the BLM to amend their Crown Mountain special recreational management area designation. With additional restrictions like winter closures or for the BLM to defer wildlife management decision like winter closures to CPW. Rachel commented that in many ways it is a blessing and a curse to be surrounded by federal lands. She recommended that the Plan speak to continued pursuits for winter wildlife closures. Another aspect Rachel recommended for the Plan was to acknowledge how to avoid user conflict. Potentially separating uses, like lower trails for equestrians and upper trails for mountain bikes. Consider the Glassier OS access to the Crown as the designated equestrian access. Gary responded to Commissioner Richard's comment adding there has been confusion in the public comment about trail locations. Ms. Thomas' earlier reference to existing equestrian trails pinpointing the icon location on the presentation `Management Actions: Recreation' map are incorrect. The presentation map's icon location is on Tybar Ranch the existing equestrian trails are much further down Prince Creek Road on BLM land. The Plan's trail addresses the safety issues along Prince Creek Road. Gary recapped what the OSTB would be approving in the Plan. Plan approval sets forth the trail construction and the parking portion is to be determined and will come back to the OSTB for further discussion. Currently the Prince Creek planning area is a heavily used mountain bike and hiking area and the introduction of horses into this area that currently does not have horses on the lower trails will create enormous conflicts. Wayne Ives supports starting the phase one portion of the trail, adding it is wise to delay the parking decisions. He encouraged the public in attendance to be involved when the BLM begins their NEPA process. Graeme added he feels there is enough flexibility in the Plan to deal with the issues. He agreed that the Prince Creek trail corridor is too constrained to accommodate horses. Graeme preferred to direct equestrian parking and trail access on to the Crown's West Sopris Creek side. Tim McFlynn urged the RFVHC and RFMBA to continue to work together and possibly develop an equestrian only trail on the BLM land from the Prince Creek side. Currently there are two equestrian parking and access to Crown Mountain from Glassier OS and West Sopris Creek. 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 8 of 9 (r Howie Mallory pointed out that the final Plan trail design does accommodate horses. Gary added the Prince Creek trail will be soft single track similar to the existing Haines/Crown trails, but OST is not recommending equestrian use due to the conflicts with bikers and hikers. Unlike Glassier OS where the area was able to accommodate separated trails. Howie added that because the parking options require further consideration he can support the Plan. If OST does a great job managing the parking issues there will be no incentive for the BLM to manage the problem they created. See OSTB Board Action below OSTB Board Action Prince Creek Open Space Management Plan Graeme Means moved for the OSTB to approve the presented Prince Creek Open Space Management Plan of July 18`h, 2017 as amended to include an action item to be created to work with the BLM and other jurisdictions on overall Prince Creek/Crown Mountain management and enforcement. Tim McFlynn seconded. Motion passed. (4-0) Hawk Greenway recused himself from participating in the Prince Creek Open Space Management Plan approval process. ADJOURN JOINT BOCC MEETINGS The joint OSTB and BOCC meetings of July 18, 2017 adjourned at approximately 1:05 p.m. OSTB EXECUTIVE SESSION—SITE VISIT ( The OSTB entered executive session in accordance with CRS 24-6-402(4) (a) and (e) for the purpose of a site visit discussing acquisitions and negotiations at 1:30 p.m. The OSTB site visit executive session concluded at 3:30 p.m. ADJOURN OSTB MEETINGS The OSTB adjourned the all their meetings of July 18, 2017 at approximately 3:30 p.m. Approved: Attest: Wayne4Tves, Chair Fr Soroka Pitkin County Open Space &Trails Board Pitkin County Open Space &Trails Administrative Specialist 7/18/2017 OSTB and Joint BOCC Regular Session Minutes Page 9 of 9