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HomeMy WebLinkAboutbocc.min.reg.08112004 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA LOCATION: Rio Grande Conference Room WEDNESDAY, AUGUST 11, 2004 (Shellie Roy not present) 2:00 PM ADDITIONS/DELETIONS TO AGENDA PROCLAMATIONS, PUBLIC COMMENT, COMMISSIONER COMMENTS Pitkin County Cares Awards, Pat Bingham CONSENT ACTIONS 1. Minutes of July 28 Regular Meeting, July 7, 13 and 20 Work Sessions, August 3 Special Meeting 2. Colorado Works Memorandum of Understanding, Kate Jangula 3. Tri-County Child Care Licensing Memorandum of Understanding, Kate Jangula 4. Open Space & Trails Director Contract, Hilary Smith 5. Abatement Hearings, Carol Foote 6. Resolution Opposing HR 2933, The Critical Habitat Reform Act, Debbie Quinn 7. Resolution Opposing HR 1622, The Sound Science for Endangered Species Planning Act, Debbie Quinn CONSENT ACTIONS- 1st Readin.os, Set for Public Hearing on August 25: 8. Resolution Setting Pitkin County Library Ballot Question, Kathy Chandler 9. Resolution Setting Ballot Question Dedicating Existing County Sales Taxes to the Roaring Fork Transportation Authority, Dan Blankenship CONSENT PUBLIC HEARING - 2ad Readings 10. Resolution Approving FAA Grant for Airport Capital Improvements, #3-08-0003-29, Rex Tippets 11. Resolution Approving FAA Grant for Airport Capital Improvements, #3-08-0003-30, Rex Tippets 12. Ordinance Approving Acquisition of Milvenan Property, Dale Will ADMINISTRATIVE ACTIONS 13. Resolution Opposing Designation of Limited Bull Elk Hunting Areas, Debbie Quinn ADMINISTRATIVE ACTIONS - 1st Readings, Set for Public Hearing on August 25: 14. Resolution Setting Basalt Library Ballot Question, Robb Heckel 15. Resolution Setting Aspen Historical Society Ballot Question, Georgia Hanson LAND USE CONSENT PUBLIC HEARINGS 1. Grace Church Special Review, 1041 Hazard Review, CDU (PN 4/24/04) (continued from 6/23/04) (cont'd to 10/13/04), E. Louthis 2. Public Works Rezoning, Subdivision Exemption, GMQS Exemption, Ordinance 1st Reading (cont'd from 6/9/04) (cont'd to 10/13/04) (PN 4/24/04), L. Clarke LAND USE PUBLIC HEARINGS 3. Mountain Queen Special Review for TDR Receiver Site, CDU Accessory Structure with Bathing Facilities, Scenic Review, Lot Line Adjustment (PN 7/10/04), S. Wolff LAND USE ACTIONS 4. Stillwater Ranch, Lot 4, Major Plat Amendment, 2nd Reading, E. Louthis 5. Tobey (McCabe Ranch Lot C) Subdivision Exemption for Major Plat Amendment and CDU, 2nd Reading, E. Louthis 6. Light CDU, Major Plat Amendment, 2nd Reading, E. Louthis 7. Code Amendment - AH Mitigation, 1st Reading, S. Wolff 8. Warren 1041 - Reconsideration, S. Wolff BOCC OPEN DISCUSSION 1. Life/safety Inspections, Tony Fusaro 2. Aspen Valley Renewable Energy Day Request 3. Runway Closure MOI, Jim Elwood ADJOURN APPROVED AUGUST 25, 2004 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING AUGUST 117 2004 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to the BOCC PACKET for August 11, 2004 CALL TO ORDER: Chairperson Farris called the regular meeting of the Board of County Commissioners to order at 2:00 PM COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Patti Clapper, Mick Ireland and Jack Hatfield COMMISSION MEMBERS NOT PRESENT: Commissioner Shellie Roy due to a scheduled vacation. PROCLAMATIONS - PITKIN COUNTY CARES AWARDS: Recognizing Frank Peters, Joyce Harris, John Hoepfer and Wes Graham for their Exemplary Volunteer Work in Pitkin County COMMISSIONER COMMENTS: Commissioners congratulated Commissioner Roy and Michael Owlsey for their success in the primary election, which was held yesterday. Commissioner Ireland asked that the Board support a $500 donation to the volleyball tournament. Additionally, he congratulated Colleen Truden for her success in the primary election and thanked Bill Mohrman for running in the primary. ADDITIONS/DELETIONS TO AGENDA: PUBLIC COMMENT: th APPROVAL OF MINUTES OF JULY 28 REGULAR MEETING~ AUGUST 3 TH TH SPECIAL MEETING AND JULY 7 ~ 13 ~ AND 20TM WORK SESSIONS- MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES~ CLERK TO THE BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING AUGUST 11, 2004 MEMORANDUM OF UNDERSTANDING WITH THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES FOR COLORADO WORKS PROGRAM - MOTION TO APPROVE - STAFF PERSON: KATE JANGULA~ HEALTH AND HUMAN SERVICES DIRECTOR MEMORANDUM OF UNDERSTANDING WITH COUNTIES OF EAGLE AND GARFIELD FOR TRI-COUNTY CHILD CARE - MOTION TO APPROVE - STAFF PERSON: KATE JANGULA~ HEALTH AND HUMAN SERVICES DIRECTOR EMPLOYMENT AGREEMENT WITH DALE WILL~ OPEN SPACE AND TRAILS DIRECTOR - MOTION TO APPROVE - STAFF PERSON: HILARY SMITH~ COUNTY MANAGER ABATEMENT PETITION FOR GERBAZ ENTERPRISES - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE~ DEPUTY TREASURER ABATEMENT PETITION FOR DAVID DANIELS - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE~ DEPUTY TREASURER RESOLUTION OPPOSING THE CRITICAL HABITAT REFORM ACT OF 2003 - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN~ ASSISTANT COUNTY MANAGER RESOLUTION OPPOSING SOUND SCIENCE FOR THE ENDANGERED SPECIES ACT PLANNING ACTS - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN~ ASSISTANT COUNTY MANAGER Commissioner Hatfield moved approval of the Consent Actions Agenda. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Roy not present. CONSENT ACTIONS - FIRST READINGS SET FOR PUBLIC HEARINGS ON AUGUST 25~ 2004 FIRST READING - RESOLUTION SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 2~ 2004~ A FINANCIAL QUESTION ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION TO INCREASE PROPERTY TAXES FOR THE PITKIN COUNTY LIBRARY - MOTION TO APPROVE - STAFF PERSON: KATHY CHANDLER~ LIBRARIAN Commissioner Hatfield moved approval of the Resolution as written. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING AUGUST 11, 2004 FIRST READING - RESOLUTION SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 2~ 2004~ A FINANCIAL QUESTION ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION TO APPROVE A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION TO CONTRIBUTE TO THE ROARING FORK TRANSPORTATION AUTHORITY (RFTA) AN ADDITIONAL AMOUNT EQUAL TO THE PROCEEDS OF A TAX RATE OF 0.165% FROM PITKIN COUNTY'S EXISTING 1.5% TRANSPORTATION SALES TAXES - MOTION TO APPROVE - STAFF PERSON: DAN BLANKENSHIP~ ROARING FORK TRANSPORTATION DIRECTOR Commissioner Hatfield requested that an additional clause be added to the resolution that states conditional approval of the Towns of Basalt, Carbondale and Glenwood Springs and Eagle County. Dan Blankenship, Roaring Fork Transportation Director agreed and said he would meet with the other jurisdictions prior to second reading of the resolution. Commissioner Hatfield moved approval of the Resolution with the proposed amendment to come back at second reading pending Mr. Blankenship meeting with the other members of the Roaring Fork Transportation Authority. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. CONSENT PUBLIC HEARINGS - SECOND READINGS: SECOND READING - RESOLUTION ACCEPTING THE OFFER OF FEDERAL AVIATION ADMINISTRATION (FAA)~ AIRPORT IMPROVEMENT PROGRAM (ALP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY AIRPORT CAPITAL IMPROVEMENTS - MOTION TO APPROVE - STAFF PERSON: REX TIPPETS~ ASSISTANT AIRPORT DIRECTOR SECOND READING - RESOLUTION ACCEPTING THE OFFER OF FEDERAL AVIATION ADMINISTRATION (FAA)~ AIRPORT IMPROVEMENT PROGRAM (ALP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY AIRPORT CAPITAL IMPROVEMENTS - PULLED FROM THE CONSENT ACTIONS AGENDA - STAFF PERSON: REX TIPPETS~ ASSISTANT AIRPORT DIRECTOR SECOND READING - ORDINANCE APPROVING THE PURCHASE OF PARCELS A AND C OF THE 7 STAR RANCH - MILVENAN PROPERTY - AND AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS - MOTION TO APPROVE - STAFF PERSON: DALE WILL~ OPEN SPACE AND TRAILS DIRECTOR BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING AUGUST 11, 2004 Commissioner Hatfield requested that the Resolution approving an FAA grant for airport capital improvements #3-08-0003-30 be pulled from the consent actions agenda for a clarification. Commissioner Clapper moved approval of Items 10 and 12 of the Consent Agenda. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. SECOND READING - RESOLUTION ACCEPTING THE OFFER OF FEDERAL AVIATION ADMINISTRATION (FAA)~ AIRPORT IMPROVEMENT PROGRAM (ALP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY AIRPORT CAPITAL IMPROVEMENTS - MOTION TO APPROVE CONSENT - STAFF PERSON: REX TIPPETS~ ASSISTANT AIRPORT DIRECTOR Commissioner Hatfield asked for a clarification with respect to the grant, which were answered to his satisfaction by the airport director. Commissioner Clapper moved approval of the Resolution. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. ADMINISTRATIVE ACTIONS: RESOLUTION OPPOSING DESIGNATION OF GAME MANAGEMENT UNITS AS LIMITED BULL ELK HUNTING AREAS - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN~ ASSISTANT COUNTY MANAGER Chairperson Farris commented that sometime back the Division of Wildlife had a policy that invited applicants to apply for a limited bull elk unit. She explained that Gary Hubbell, an outfitter from Marble, submitted a request to the DOW and wrote a letter to Pitkin County asking for the county's support. The Board submitted this letter to the County Wildlife Biologist, Jonathon Lowsky, who checked with a variety of DOW people who have worked in the field of biology and who have worked in elk management. She herself talked to two other county commissioners and an outfitter from the Northwestern corner of the State. Additionally, the Board had a week to do their personal research and for Jonathon to come to the Board. She said Jonathon's recommendation, based on his review, was the county should not support this. She proceeded to review his recommendations as contained in his report to the B©CC. A copy of Jonathon's recommendation is contained in the B©CC packet for this meeting, Chairperson Farris explained that after reviewing John's recommendation, the Board decided that they would send a letter to the Division of Wildlife, which is the hearing body, expressing their opposition to Mr. Hubbell's application. She further said that the Board received a call from Gary Hubbell very disappointed that they had sent a letter in non-support. Additionally, she received a very angry message on her home answering machine from Mick Schillling and she BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING AUGUST 11, 2004 responded, in writing, to him. She announced that the Division of Wildlife will hold two public meetings on the proposed restrictions, which will also affect Garfield, Eagle and Gunnison Counties. The first meetings will be in Durango September 8th and 9th and the second set will be in Glenwood Springs on October 5th and 6th and a decision will be reached by December. on Chairperson Farris recognized a letter from Mike Schilling and Larry and Dana Darien with respect to their comments on this matter. A copy of these letters are attached to the end of the B©CC packet, for this meeting, under additional exhibits. Chairperson Farris opened the matter to any members of the public wishing to speak. There were several local citizens/game hunters, who voiced opposition to designation of game management units as limited bull elk hunting areas. They inferred that Mr. Hubble was trying to drive them out of these areas to profit his own business. Additionally, many of them said that there are plenty of elk and many trophy bulls if someone is willing to work hard enough to find them. Boots Ferguson said unless the biology suggests a change they think that there should be no change in management because ultimately, they are interested in a long- term sustainable herd. He said they think the existing management practice is to achieve that goal of sustainability and not deprive hunters that want to work hard and look hard to find their trophy in these particular units. Gary Hubbell proceeded with his comments regarding his application to the Division of Wildlife. A copy of his comments, in writing, is contained in the B©CC packet for this meeting. Mr. Hubbell also said the county biologist never had the good grace to return his phone calls or an e-mail message nor was he able to attend a meeting, which he requested to attend. Commissioner Ireland referred to Mike Shilling's letter, which states: "a lack of an age diversified male elk population raises serious biological concerns. Correct genetic management does not only provide for larger antlers among the males, it also provides for stronger and more disease resistant herds. It is nature's way of adjusting to their constantly changing environment. It allows the superior herd members to do the majority of breeding, which in turn keeps the herd healthy". He said he needs to know whether or not big bulls are necessary, are there not enough of them, and is this an important thing for creating a herd that is diverse, genetic and resistant to disease. He needs to know these things and he can only really know them from Jonathon and other experts. Gary Hubbell said as far as genetics go a bull, whether he is a trophy bull or a six-point, has the same genetics when he is born. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING AUGUST 11, 2004 Mac Smith said he has lived, worked and hunted in the mountains, most of his life, and he has seen a steady growth of a very good healthy herd in Pitkin County. Mike Schilling summarized his comments as contained in his above referenced letter. Chairperson Farris read the proposed resolution into the record and entertained a motion from the Board. Commissioner Hatfield said the board is not biologists, scientists, outfitters, hunters or the DOW so it must take feedback from all these people. He said in doing our jobs he thinks we did come up with the best amount of homework that we could. In addition, we concluded that we should not support this and that recommendation was based on a couple of things as we have heard our biologist and the D©Wabilities. Additionally, he does not believe we can close out people for a specific target, being better genetics, etc. because it has not been determined that there is sound science here. He said our best effort showed us that we should support this at this time. He said there is also the issue of the local economy and what it means for all of us, and that is an important consideration. He moved to approve the resolution. Commissioner Clapper seconded the motion. Commissioner Ireland said he thinks there is an important argument that has been made with respect to no science on genetics. He moved an amendment to the Resolution that calls for the Division of Wildlife to give serious consideration and respond to the argument about the genetic diversity adversely impacted by the relatively young age at which bulls are being harvested. Chairperson Farris suggested rather than putting the language in the resolution if he would be comfortable with an accompanying letter that refers to all the questions that were raised that we do not have the answers to. She listed those questions as follows: · Protecting the genetic adversity · Use of scientific data in the plan for management of the herd · The issue of quality of the hunting experience and access to hunting Commissioner Ireland said his preference would be to add them to them as Item 9 to the Resolution. Commissioner Hatfield accepted this to his motion. Commissioner Clapper accepted this to her second. Chairperson Farris called the question as BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING AUGUST 11, 2004 amended. Motion passed with four yea votes. Commissioner Clapper was not present. ADMINISTRATIVE ACTIONS - FIRST READINGS AND SET FOR PUBLIC HEARINGS ON AUGUST 25~ 2004 FIRST READING - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PITKIN AND EAGLE COUNTIES~ COLORADO~ TO CALL AN ELECTION ON NOVEMBER 2~ 2004 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT; REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO SET THE BALLOT TITLE AND BALLOT QUESTION FOR THE ELECTION; PROVIDING FOR OTHER MATTERS RELATING THERETO; RATIFYING ACTION PREVIOUSLY TAKEN THERETO; AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION -ROBB HECKEL Commissioner Ireland moved approval of first reading of the Resolution and set for second reading on August 25, 2004. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. FIRST READING - RESOLUTION SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 2~ 2004~ A FINANCIAL QUESTION ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION TO AUTHORIZE A THREE YEAR MILL LEVY FOR ALLOCATION TO ASPEN HISTORICAL SOCIETY- GEORGIA HANSEN~ ASPEN HISTORICAL SOCIETY DIRECTOR Georgia Taylor, Executive Director for the Aspen Historical Society, appeared before the Board to request that the commissioners pass a Resolution placing a financial question on the ballot for the electorate to consider authorizing a three- year mill levy, which she said would raise $370,000 for the historical society annually. Commissioner Ireland expressed a concern about the level of detail and budget. He said he does not think it is adequately prepared for public presentation. He further said if the voters do not like how the money is being spent they are going to blame us. He said a larger question is non-profits need more money because there are not as many volunteers and the board would be vulnerable because people will come forward and express a need to have money because they do not have as many volunteers. Commissioner Clapper said there are probably 30 to 50 nonprofits that could come to us and ask for funding through a tax. She questioned how the board would tell them no, if they have said yes to the historical society. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING AUGUST 11, 2004 Commissioners agreed that the best long-term solution might be to turn the historical society into its own taxing district. John Ely advised the Board that a taxing district would likely take a minimum of two years. Commissioner Ireland advised Ms. Hanson that the board needs to know how much she will need to keep operations running for the next year. Ms. Hanson said she would provide the information at the time of second reading of the resolution. Additionally, Ms. Hanson was asked to address the following information by second reading: · Accountability issue for the Board supporting this issue on the ballot · Defining the historical inventory · A long range strategic plan · Fiscal accountability issue · Cost to the county for overseeing the funding (collecting and spending of funds) · The issue of precedent setting for 30 to 50 non-profit entities in the valley being resolved · Looking for the legitimate governmental purpose for the historical society Commissioner Clapper moved to approve first reading of the resolution at this time with these issues being finalized by second reading. Commissioner Farris seconded the motion. Commissioner Hatfield said the most important issue to him is about timing; is this the right time to do this, and if this looses, what is the future of the historical society. Secondly, what is the option if we do not support this at this time, because he is not convinced that this is something that the board should support? Tom Isaac, County Assessor, said if the commissioners decide to pass this resolution and place a question on the ballot, it would be the commissioners who would be asking the citizens to increase the mill levy. Additionally, he said he contacted the property tax administrator to see if this is legal and if it would be setting a precedent and the administrator told him that it appears to be legal and there is no precedent. After a short discussion, regarding a proposed special district, it was the consensus of commissioner members that in the interim, they would consider providing a one or two year emergency grant. Chairperson Farris called the question. Motion passed with four yea votes. Commissioner Roy was not present. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING AUGUST 11, 2004 LAND USE CONSENT PUBLIC HEARINGS: GRACE CHURCH SPECIAL REVIEW~ 1041 HAZARD REVIEW~ CARETAKER DWELLING UNIT - MOTION TO CONTINUE TO OCTOBER 13~ 2004 - STAFF PLANNER: EZRA LOUTHIS PUBLIC WORKS REZONING~ SUBDIVISION EXEMPTION~ GMQS EXEMPTION - MOTION TO CONTINUE TO OCTOBER 10~ 2004 - STAFF PLANNER~ LANCE CLARKE~ ASSISTANT PLANNING DIRECTOR RESOLUTION APPROVING THE MOUNTAIN QUEEN INC. SCENIC OVERLAY REVIEW~ SPECIAL REVIEW AND GMQS EXEMPTION AND THE MOUNTAIN QUEEN INC. WILLE SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT - MOTION TO CONTINUE TO SEPTEMBER 8~ 2004- STAFF PLANNER: SUZANNE WOLFF Commissioner Clapper moved approval of the Land Use Consent Public Hearings Agenda. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. LAND USE ACTIONS: SECOND READING - RESOLUTION GRANTING THE BELLOCK MAJOR PLAT AMENDMENT FOR LOT 4~ STILLWATER RANCH SUBDIVISION - MOTION TO APPROVE AS AMENDED - STAFF PLANNER: EZRA LOUTHIS Ezra Louthis gave a short presentation on this item as summarized in his memorandum contained in the B©CC packet for this meeting. Commissioner Clapper requested that "for a total of 11,250 square feet" be added to the language in Condition No. 9. Sonny Vann, representing the applicant, said for a four-bedroom residence, which what was approved as part of the growth management allocation and PUD process, the cost would be $416,087. If it were to go to a five-bedroom, which is permitted in the approvals subject to additional mitigation, the amount would be $475,528, and the reason why five bedrooms is important is that the application was going to include an additional bedroom for caretaking purposes. Mr. Bellock reiterated his comments from the previous meeting that he still thinks the issues about this fee are issues of fairness as well as equitability. He suggested a proposal that he would pay $220,400 cash in lieu and he would turn the deed restricted fifth bedroom into a deed restricted caretaker dwelling unit. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING AUGUST 11, 2004 Commissioner Ireland proposed an alternative of the applicant purchasing a single-family unit, possibly at the North 40 Subdivision, for $300,000. After a discussion, Commissioner Ireland moved to accept $300,000 cash in lieu with the caretaker dwelling unit. He said he thinks this is a reasonable payment because the cost for the county to do housing has gone up faster than the CPI just as the value of the property has gone up faster than the CPI and will continue to go up faster than the CPI. Motion died for a lack of a second. Commissioner Clapper moved approval of the Resolution, on second reading, as amended, and accepting $220,400 as cash in lieu payment with the caretaker dwelling unit. Commissioner Hatfield seconded the motion. Motion passed with three yea votes with one nay vote by Commissioner Ireland. Commissioner Roy was not present. SECOND READING - RESOLUTION APPROVING THE TOBEY MAJOR PLAT AMENDMENT TO ALLOW A DETACHED CARETAKER DWELLING UNIT WITHIN AN ACCESSORY/AGRICULTURAL BUILDING ON TRACT CT MCCABE RANCH SUBDIVISION - MOTION TO APPROVE AS AMENDED.STAFF PLANNER: EZRA LOUTHIS Commissioner Ireland moved approval of second reading of the Resolution with amended language that a caretaker dwelling unit will be permitted in any barn envelope, which is located no closer to the western property line adjacent to the McBride property, than the main house envelope. If the Tobeys don't approve this language then the other choice would be to build only a barn in the existing envelope. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. SECOND READING - RESOLUTION APPROVING THE LIGHT MAJOR PLAT AMENDMENT OT ALLOW A DETACHED CARETAKER DWELLING UNIT WITHIN AN ACCESSORY/AGRICULTURAL BUILDING ON TRACT D~ MCCABE RANCH SUBDIVISION - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS Commissioner Clapper moved approval of second reading of the Resolution as written. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. RESOLUTION FINDING A TAKING AND REMEDIATING THE TAKING FOR THE WARREN 1041 HAZARD REVIEW AND RIDGELINE REVIEW- MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING AUGUST 11, 2004 Suzanne Wolff gave a short presentation on this item as summarized in her memorandum contained in the BOCC packet for this meeting. Commissioner Clapper moved to reconsider the Resolution approved July 14, 2004 and grant an amendment that dogs shall be prohibited unless on a leash, when off the property, confined to a fence enclosure, on the property, or within a residential structure. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. FIRST READING - ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE - THE LAND USE CODE~ SUB-SECTION 3-130-020~ AFFORDABLE HOUSING DEVELOPMENT EXACTION - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING ON AUGUST 25~ 2004 - STAFF PLANNER: SUZANNE WOLFF Suzanne Wolff gave a presentation on this item as summarized in her memorandum contained in the BOCC packet for this meeting. Commissioner Ireland moved approval of first reading with direction to staff to create language regarding options available for a rental unit that was provided, as required by a development approval, but the County cannot enforce the existing rental restriction. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Roy was not present. LIFE SAFETY INSPECTIONS DISCUSSION - TONY FASSARO~ CHIEF BUILDING OFFICIAL Tony Fassaro, Chief Building Official, appeared before the Board to ask for a clarification to the board's definition of life/safety inspections on employee housing units. It was the consensus of commission members that the units should be inspected for life, safety and livability eg. sound roofs and foundations. Mr. Fassaro was directed to work with the county attorney and bring back a memorandum at a future work session with his recommendation. ADJOURNMENT: The meeting was adjourned at 7:00 PM. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING AUGUST 11, 2004 ectfully su~ nette Jones .~rk to the Boa of County Commissioners Dorothea Farris, Chairperson Board of County Commissioners g\bocc\minutes~004\08112004 BOARD OF COUNTY COMMISSIONERS 12. REGULAR MEETING AUGUST 1'1, 2004