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HomeMy WebLinkAboutbocc.work.session.mins.12142004MINUTES OF BOARD OF COUNTY COMMISSIONERS' WORK SESSION HELD ON DECEMBER 14, 2004 MINUTES OF WORK SESSION Date: December 14, 2004 Meeting Start Time: 11:10 am Co~mnissioners present: [] Jack Hatfield [] Dorothea Farris [] Michael Ireland [] Shellie Roy [] Patti Clapper Commissioners not present: [] Jack Hatfield [] Dorothea Farris [] Michael Ireland [] Shellie Roy [] Patti Clapper WORK SESSION ITEM: Board Discussion of Legislative Agenda for 2005 STAFF DIRECTION: Bob Ferm and Darmy Tomilson, lobbyists for the County, were also in attendance. John Ely identified a menu of legislative items for consideration during the upcoming legislative session: 1. Real Estate Transfer Tax (RETT) 2. Taxpayer's Bill of Rights (TABOR) 3. Water issues 4. SonofSB 215 5. Tax credit issues 6. Voter registration Commissioner Hatfield inquired about the change in the legislature. Mr. Tomilson responded that this change in the legislature has not occurred in over 25 years and the Democrats will likely stick together to ensure that they maintain the majority past two years. Discussion ensued regarding the State budget crisis that involves cutting $270 million from the budget. He further stated that he believes that a short-term budget fix will be proposed. Commissioner Hatfield stated a desire to add the issue of 1041 and the possible erosion with the City of Boulder case. Commissioner Farris added the oil and gas surface fights should be a legislative issue rather than a role change. She also added the gold exploration and use of cyanide. She also expressed her concern about protecting the funding for K-12 education. Commissioner Clapper stated her desire to protect funding for higher education. She also stated her interest in the county salary publication by assisting Grand County on this matter. Discussion ensued. The Board agreed to follow this issue but not add it to the lobbyist list. Commissioner Ireland stated a permanent fix in TABOR rather than a short-term fix. He also does not support the securitization of the tobacco tax for balancing the state budget. He also raised the issue of redistricting and his desire to see a bill that takes redistricting out o£partisan hands and that such redistricting is based upon population. He cited the Iowa and Arizona redistricting methods. Commissioner Ireland also brought up the issue of rent control that would exempt local governments and mitigation. Discussion ensued. Mr. Ferm raised the issues of workers' comp reform, tort reform and goverranental immunity. Debbie Quirm raised the ballot issue from Silvia Davis. Commissioner Ireland also stated there is a movement to see election reforn~ with voter registration and provisional ballots. Discussion moved to the legislature schedule for bills. Dale Will provided a brief summary of the issue regarding tax credits for land donations (fee interest) and not just easements. He also stated an interest in the ability to donate water rights. Kathleen Curry has stated some concern because of the impact on agricultural lands. He also stated concern about this issue and the state'budge~ crisis and that this might not be the time for this discussion at the state legislature. Discussion followed. LUNCH BREAK 12:05 PM TO 1:05 PM Commissioner Clapper stated her priorities as RETT (stand alone), debrucing TABOR, and 1041. Commissioner Ireland stated his priorities as TABOR including RETT and water issues. John Ely suggested that Board consider what items they want to support actively and those that they want to monitor. Then identify those items we want to be leading the issue. Discussion began with the monitoring list. Mr. Ely suggested that tort reform, workers' compensation, oil and gas reform should be monitored. The Board discussed the issue of tax credit and the Board expressed concern regarding the current state budget crisis. Mr. Tomilson suggested that they could start conversations on the issue. The Board discussed election issues and the Secretary of State who has formed a committee to evaluate these issues. The Board agreed to work through the County Clerks Association. Discussion moved to redistricting. Mr. Tomilson suggested that they discuss this with legislative leadership to see if there is any interest in this topic, as it needs to be a bill brought by the legislative leadership. Discussion focused on trans-basin water diversions. Mr. Ely suggested that this matter does not need to be initiated by Pitkin County but is well on its way and we should actively monitor. He also received the PSOP legislation at the federal level. Commissioner keland stated that protecting the recreational water uses and the 1041 powers are a priority. Discussion followed. Commissioner Hatfield stated concerns expressed by Kathleen Curry. Mr. Ely responded that there are pressures that will cause this to be dealt with during this legislative session. Mr. Ely stated that rent control would not happen without Pitkin County taking the lead. Commissioner Ireland stated that Summit County and Eagle County might be interested in this issue. Mr. Ely suggested that this should be discussed with Kathleen Curry. Mr. Tomilson suggested a watered down version that allows for local government agreements with developers might be more successful. Discussion ensuedl Mr. Tomilson suggested Cormnissioner Ireland check in with Gary Lindstrom regarding the interest in this matter. He further stated that this is not a problem unique to Pitkin County but also the other resort commtmities. Commissioner Farris stated that House Rep. Jim Sullivan expressed interest in supporting local control for RETT. Mr. Tomilson stated some changes would be voted on in November 2005. He stated that the County might want to work with the larger group of TABOR changes. He also expressed concern about ballot clutter. Commissioner Clapper expressed concern about TABOR being changed as a whole and she believes that a ballot question to enable local control for a RETT would be successful. Discussion ensued. Mr. Ely suggested that folding it into other TABOR changes might attract the 2/3 votes necessary to get the question on the ballot. Mr. Tomilson stated that contacting Rep. Sullivan is a place to start the conversation. Commissioner Ireland stated that he would like to see the County go for a broad long-term reform of TABOR. Discussion followed. Commissioner Farris raised the issue of protecting funding for education. Commissioner Hatfield stated that the most important issue is the budget issue, including TABOR, Amendment 23 and Gallagher. He agrees with the long-term solution and all issues of Gallagher, Amendment 23 need to be included and the solution needs to be comprehensive. Discussion moved to land use issues. Mr. Ely suggested that the County monitor the 1041 issue. He stated that we rely on the enabling act and not the 1041 powers. He also discussed the implications of the defunct Land Use Commission and the Boulder 1041 case. He stated that we are content with the current law and only need 2 to'act if s'ome legislation is introduced. Mr. Ely also has briefed Kathleen Curry on the issue. The Board concurred with monitoring this issue. Commissioner Hatfield expressed an interest in working on legislative relationships. The Board concurred. Commissioner Ireland suggested that the consultants discuss the redistricting with The Bell Center and The Bighom Group. WORK SESSION ITEM: Preview of 2005 Legislative Session, John Ely, Debbie Quinn STAFF DIRECTION: Discussion for this item included in the above agenda item. WORK SESSION ITEM: Citizen Board Interviews STAFF DIRECTION: 1. Amber McKeague - Weed Board. The Board directed the appointment of Steve Child as a regular Board member and Amber McKeague as an alternate member. Commissioner Farris asked staff to confirm where Weed Board member Mr. Baumarm resides. 2. Tim Mooney Planning and Zoning Commission. The Board directed the appointment of Marcella Larson as a regular member. Lance Clarke will check with John Howard who had expressed an interest to return to the Board. The Board requested staff to notify all the caucuses of the opening. WORK SESSION ITEM: Memos of Interest STAFF DIRECTION: 1. Maroon Creek Pedestrian Bridge, Brian Petter - the Board directed that Open Space and the Town of Basalt should pay the cost of removal. Any entity within the Roaring Fork Valley should cover demolition costs. Any other entity interested needs to submit a bid. 2. Heather Hopton Memorial, Gary Termenbaum - approved. The Board asked that the staff confer with Mr. Hopton on the wording. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars STAFF DIRECTION: 1. Staff reminded the Board of the Holiday Party on December 17th at 3pm at Senior Center. 2. Staff advised the Board of the County blood drive on December 23rd at 10am to 2pm at Plaza Building. 3. Staff advised the Board that the CCI committee mtg schedule is in their mailboxes. 4. Meeting with Kathleen Curry has been set for Thursday January 6th at 4pm. Ms. Curry requested a list of topics. Staff will provide a potential list for next week's work session. 5. Commissioner Farris will be present during the first week of January 2005. WORK SESSION ITEM: Open Discussion STAFF DIRECTION: 1. Staff presented a response to the request received from the Ditloves regarding Redstone Ranch Acres. The Board concurred with the staff response. 2. Staff distributed a letter from Lyrm Mace regarding Elk Mountain Lodge. 3. Staff advised the Board of the information requested by Commissioner Ireland regarding Grassroots salaries. 4. Commissioner Hatfield asked that Lance Clarke be included in the response to the Braun request for refund from the Metro District due to a possible land use condition of approval. 5. The Board discussed the impacts of out-o f-district students. 3 WORK SESSION ITEM: USFS Quarterly Meeting STAFF DIRECTION: Bill Westbrook stated their desire to have quarterly work sessions. Discussion moved to the concept of a memorandum of understanding for joint review of special use permits. Commissioner Ireland clarified that the issue is focused on the off-site impacts of commercial activities. Discussion followed. Commissioner Ireland encouraged the Board and Forest Service to consider an intergovernmental agreement that allows for one review process for applicants. Staff updated the Board and Forest Service on the current status of the Ryan legislation, the Facilities Bill and recreation fees. Discussion ensued. Staff updated the Board and Forest Service on the East of Aspen Trail. A portion of the trail will be located on the historic stage road. Bill Westbrook updated the Board on the Forest Service's denial of the winter operations at Congdon's mine in Avalanche Creek, which was based on the failure of the applicant to enter into a production phase of his mining activity· He indicated the Forest Service will be requesting that he remove his fence, and that the Service will remove it if Congdon does not. Westbrook also updated the Boardon the other Congdon claims in that area and the various access issues. Staff provided additional information. Westbrook explained that any cave features within the old mines (Made Love) are not subject to the mining law, and that he has been asked to cease and desist from any activity there. He added that his only claims are to the minerals and not to caves or historic mining artifacts. Discussion ensued about issues of access over the County open space property. The Board requested that it be discussed in executive session next week. On oil and gas, Westbrook indicated that the exploratory well application for Encana was approved and probably will be going forward in June. He indicated they want to do three or four more wells in the same area, but he hasn't yet received any notice of intent to drill yet. Westbrook agreed to let us know of any applications in Pitkin County. Discussion ensued about oil and gas leasing in Coal Basin. On road issues, Westbrook indicated at the time of the oil and gas leasing site visit the Forest Service was doing significant road work in connection with a timber sale in the area. Brian Pettet indicated that there needed to be some consistency with the Schedule A roads. He wanted a process established with the Forest Service on these Schedule A roads. Westbrook agreed to set up a meeting on this. Further discussion ensued. Brian Pettet also brought up the Hunter Creek Road settlement. Further discussion ensued. Michael Owsley inquired about Stein MeadoWs near Maroon Lake. Westbrook explained that the cabin reverted back to the Forest Service after Mrs. Stein's death, and that he'll be discussing that with the family this winter. Commissioner Farris inquired about the travel management plan. Discussion ensued. Don Carroll encouraged the county to communicate any particular concerns now, not after the plan is published. Adjourned at 5:00 pm. Prepared by: Hilary Fle~c~4¥r Smith, coui-i{y Manager Respectfully submitted: Silvia Davis, Clerk and Recorder 4