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HomeMy WebLinkAboutbocc.min.reg.07272005 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room WEDNESDAY. JULY 27. 2005 1 :30 PM Appointment Procedures 2:00 PM ADDITIONS/DELETIONS TO AGENDA PROCLAMA nONS, PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of July 5 Work Session and July 13 Regular Meeting 2. Resolution Approving Highlands Villas Homeowners Request for Indoor Pets, Maureen Dobson 3. Abatement Hearings, Carol Foote CONSENT ACTIONS- Ist Readine:s. Set for Public Hearine: on 8/10: 4. Resolution Approving Intergovernmental Agreement with Basalt & Rural Fire Protection District, Debbie Quinn 5. Ordinance Approving Contract for Sale of Transferable Development Rights, Debbie Quinn CONSENT PUBLIC HEARING - 2nd Readine:s 1. Resolution Approving Expenditure of Funds Generated Through Renewable Energy Mitigation Program, Tony Fusaro 2. Adoption of Resolution to Affirm Certain Aircraft Operating Restrictions at AspenlPitkin County Airport, Jim Elwood, Dave Ulane 3. Ordinance Repealing and Re-Enacting Title 10 of the Pi~in County Code, Jim Elwood, Dave Ulane 4. Resolution Providing Supplemental Appropriations to the 2005 Budget for Carryover Projects and Other 2005 Projects Approved to Date, Debe Nelson 5. Resolution Providing Supplemental Appropriations to the 2005 Budget from Additional Revenues Collected in 2004, Debe Nelson LAND USE PUBLIC HEARINGS 1. Watson Divide Ranch Special review to Establish a TDR Receiver Site and to Exceed 15,000 sq. ft of Residential Floor Area (PN 6/26/05), E. Louthis 2. Bennett Special Review (PN 9/11/04) (cont'd from 7/13/05), S. Wolff 3. Smuggler Result 1041 Hazard Review, Conceptual Submission, Special Review, Scenic Review, GM Exemption & Modification of County Road Classification (PN 10-16-04) (cont'd from 6/22/05), S. Wolff 4. Mountain Valley Cabin LLC 1041 Hazard Review, Conceptual Submission, Scenic Overlay & Exemption of Non-conforming Structure (PN 6/26/05), S. Wolff 5. Aspen Valley Ranch Rezoning, 1041 Hazard Review, Conceptual Submission, Special Review & GM Exemption, 1st Reading (PN 6/26/05), S. Wolff LAND USE ACTIONS 6. Baker Appeal of 1041 Denial, L. Clarke 7. Code Amendment - Visually Constrained Lots, 1 st Reading, J. Ely BOCC OPEN DISCUSSION ADJOURN (A dinner break is scheduled from 6:00 to 6:45 pm.) APPROVED AUGUST 10, 2005 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JULY 27. 2005 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to the BOCC PACKET FOR JULY 27,2005 CALL TO ORDER: Chairperson Clapper called the regular meeting of the Board of County Commissioners to order at 2:00 PM. COMMISSION MEMBERS PRESENT: Commissioners Patti Clapper, Mick Ireland, Michael Owsley, Jack Hatfield and Dorothea Farris COMMISSION MEMBERS ABSENT: APPOINTMENT PROCEDURES: Clerk and Recorder ADDITIONS/DELETIONS TO AGENDA: None PROCLAMATIONS: None PUBLIC COMMENT: Ray Poigman appeared before the board to comment on the Red Wine Point Management Plan that the Open Space and Trails Board is working on. He explained that he attended the Open Space and Trails Board meeting last week and pointed out what he thought were many flaws in the plan. He said that if the Crystal River Caucus is to review this plan it would like assurance that the information in the plan is based on accurate information. A copy of his letter to Hilary Smith, regarding this issue, is attached to the end of the BOCC packet for this meeting, under additional exhibits. Mr. Poigman urged the board to send the plan back to the Open Space and Trails Board for revisions. Chairperson Clapper and Dale Will, Open Space and Trails Director, asked Mr. Poigman if the caucus good list the areas of the plan that it feels are inaccurate or that members have concerns about. Linda Goldstein commented that she thought the down zoning of Smuggler Mountain was on the agenda tonight. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JULY 27,2005 Ms. Goldstein was told that the down zoning had been approved and suggested that she contact Jeanette Jones, in the clerk's office, for the public record associated with this matter. II COMMISSIONER COMMENTS: . Commissioners gave comments on current local and state issues and sports events. CONSENT ACTIONS: APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 13 AND WORK SESSION OF JULY 5.2005 - MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES. CLERK TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR STEPHEN AND SUSAN MERRITT BAIRD. TRUSTEES - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE. DEPUTY COUNTY TREASURER RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR SNOWMASS CONFERENCE CENTER. LLC - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE. DEPUTY COUNTY TREASURER Commissioner Hatfield requested that the Highlands Villas application be pulled from the Consent Agenda for discussion purposes. He moved to approve the remaining items on this portion of the agenda. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Farris not present for this portion of the meeting. RESOLUTION APPROVING A MINOR AMENDMENT TO CONDOMINIUM DECLARATION FOR HIGHLANDS VILLAS SECTION 7.9. RESTRICTIONS ON ANIMALS - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN. ASSISTANT COUNTY MANAGER After a discussion, Commissioner Hatfield moved approval of the Resolution with the following amendments: . The regulation shall be subject to the approval of the Homeowners Association according to their by-laws . Only indoor pets are allowed. No dogs or other outdoor animals of any kind shall be kept or harbored on site. . The reference to APCHA be deleted in the Now Therefore be it Resolved clause. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JULY 27, 2005 Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Farris not present for this portion of the meeting. CONSENT ACTIONS - FIRST READINGS. SET FOR PUBLIC HEARINGS ON AUGUST 10. 2005: FIRST READING - RESOLUTION AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE BASALT AND RURAL FIRE PROTECTION DISTRICT - MOTION TO APPROVE AND SET FOR SECOND READING ON AUGUST 10. 2005- STAFF PERSON: DEBBIE QUINN. ASSISTANT COUNTY MANAGER FIRST READING - ORDINANCE AUTHORIZING THE SALE OF TRANSFERABLE DEVELOPMENT RIGHTS - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON AUGUST 10. 2005 - STAFF PERSON: DEBBIE QUINN. ASSISTANT COUNTY MANAGER Commissioner Hatfield moved approval of this portion of the agenda. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Farris not present for this portion of the meeting. CONSENT PUBLIC HEARINGS - SECOND READINGS: SECOND READING - RESOLUTION APPROVING EXPENDITURES OF FUNDS GENERATED THROUGH THE RENEWABLE ENERGY MITIGATION PROGRAM - MOTION TO APPROVE - STAFF PERSON: TONY FUSARO. CHIEF BUILDING OFFICIAL SECOND READING AND PUBLIC HEARING - RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2005 BUDGET FOR 2004 CARRYOVER PROJECTS AND OTHER 2005 PROJECTS APPROVED TO DATE - MOTION TO APPROVE - STAFF PERSON: DE BE NELSON. FINANCE DIRECTOR SECOND READING AND PUBLIC HEARING - RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2005 BUDGET FOR ADDITIONAL REVENUES COLLECTED IN 2004 - MOTION TO APPROVE- STAFF PERSON: DEBE NELSON. FINANCE DIRECTOR Commissioner Hatfield moved approval of this portion of the agenda. Commissioner Owsley seconded the motion. Motion passed with four yea voles. Commissioner Farris not present for this portion of the meeting. SECOND READING - RESOLUTION TO AFFIRM CERTAIN AIRCRAFT OPERATING RESTRICTIONS AT THE ASPEN PITKIN COUNTY AIRPORT- BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JULY 27, 2005 MOTION TO APPROVE - STAFF PERSON: JIM ELWOOD. AIRPORT DIRECTOR SECOND READING - ORDINANCE REPEALING AND RE-ENACTING TITLE 10 - AIRPORT REGULATIONS OF THE PITKIN COUNTY CODE - MOTION TO APPROVE - STAFF PERSON: JIM ELWOOD. AIRPORT DIRECTOR Commissioner Clapper moved approval of second reading of these two items. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Farris not present for this portion of the meeting. LAND USE PUBLIC HEARINGS: Commissioner Farris entered the meeting. RESOLUTION APPROVING THE WATSON DIVIDE RANCH. INC.. SPECIAL REVIEW AND GMQS EXEMPTION TO EXCEED 15.000 SQUARE FEET OF FLOOR AREA WITH A TRANSFERABLE DEVELOMENT RIGHT - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS Applicant: Watson Divide Ranch, Inc. Applicant's Representative: Joe Wells Applicant's Request: Special Review approval and a GMQS Exemption in order to utilize a TDR to develop in excess of 15,000 square feet of floor area within the RS-30 PUD zone district. . 1,928 square feet: Existing crawlspace to be converted to subgrade space for additional living area . 51 square feet: internal courtyard garage entryway to be enclosed. . 406 square feet: External (south facing) trellis over an existing deck area. . 2,385 total square feet Joe Wells, representing the applicant, proceeded with a presentation as summarized in staff's memorandum contained in the BOCC packet for this meeting. Commissioner Clapper opened the hearing to public comment. larry, a resident of Shield 0 Mesa, expressed a concern with respect to the impact to the elk habitat. Additionally, he said he thinks the craters (ponds) are out of character for this pristine area. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JULY 27,2005 Mr. Wells explained that the ponds are to be utilized to store water to continue to irrigate the agricultural lands due to the fact that not all water rights were transferred. He explained that the ponds were developed to not impact wildlife and were excavated as per the wildlife expert's recommendations. Ms. Harris expressed a concern that the driveway is not in a safe place. Additionally, a concern that additional square footage would have the potential of requiring more people to service the home. After a discussion it was the consensus of commission members that the TOR would preserve land in the back country and that the additional square footage would not increase the bulk of the house, but rather, would be used for subgrade space only. Commissioner Farris moved approval of the Resolution as written. Commissioner Owsley seconded the motion. Motion passed unanimously. RESOLUTION APPROVING THE BENNETT SPECIAL REVIEW - MOTION TO APPROVE AS AMENDED - STAFF PLANNER: SUZANNE WOLFF Suzanne Wolff gave a presentation on this matter as summarized in her memorandum to the board contained in the BOCC packet for this meeting. Chairperson Clapper opened the hearing to public comment. There being no comment she closed the public hearing and entertained a motion from the board. Commissioner Farris moved approval of the Resolution with the following amendments: . Condition No.5 A - delete the language referring to as-builts and add the most restrictive numbers and determine the existing floor area (5750 minus 359) (r-:ferencing how these numbers were arrived at). . Add a recital No.7 to read: The Board finds that if the applicant complies with the deed restriction condition in Paragraph 5 (a) below to convert 893 square feet of the existing floor area to agricultural uses, the applicant will have 359 square feet of floor area remaining under the maximum of 5750 square feet because there currently exists 6284 square feet of gross floor area. . Condition No.3 amended to add language, which states: All existing structures, with the exception of the barn, shall be included in the 5750 square feet. . A deed restriction, with an attached map, shall be recorded on the property showing the structure, which must be used for agricultural BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JULY 27,2005 purposes. Prior to issuance of a building permit staff will confirm the new use is in place as represented by the applicant. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and entertained a motion from the board. Commissioner Farris moved approval of the resolution approving the Bennett application as amended. Commissioner Owsley seconded the motion. Motion passed unanimously. RESOLUTION DENYING THE SMUGGLER RESULT 1041 HAZARD REVIEW. CONCEPTUAL SUBMISSION. SPECIAL REVIEW AND GMQS EXEMPTION FOR A TDR RECEIVER SITE - MOTION TO CONTINUE TO SEPTEMBER 13. 2005 - STAFF PLANNER: SUZANNE WOLFF Dave Myler, Attorney for the parties interested in purchasing the subject property, explained to the board that they are still in the process of discussing options with the Aspen Open Space and Trails Board. He requested that the board consider continuing this matter to another meeting to allow him time to continue discussions on an alternative process. Chairperson Clapper opened the hearing to public comment. There being no comment, she entertained a motion to continue the public hearing to September 13. Commissioner Hatfield moved to continue the application to September 13,2005. Commissioner Farris seconded the motion. Motion passed unanimously. RESOLUTION GRANTING APPROVAL OF THE MOUNTAIN VALLEY CABIN LLC 1041 HAZARD REVIEW. CONCEPTUAL SUBMISSION. SCENIC OVERLAY REVIEW AND EXPANSION OF A NON-CONFORMING STRUCTURE - MOTION TO APPROVE AS AMENDED - STAFF PLANNER: SUZANNE WOLFF Applicant: Mountain Valley Cabin lLC Applicant's Representative: Sunny Vann Applicant's Request: approval of a building envelope within which to replace an existing cabin with a new cabjn containing approximately 926 square feet in the same location as the existing cabin. Suzanne Wolff gave a presentation on this application as summarized in her memorandum to the Board contained in the BOCC packet for this meeting. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JULY 27, 2005 Sonny Vann, representing the applicant, gave an overview of the application as summarized in his letter associated with this application contained in the BOCC packet for this meeting. He said the conditions in the resolution are acceptable as drafted with two clarifications as follows: . Condition No. 10 to state the size of the actual approval, which they are getting, which is 226 square feet. Additionally, to reserve the difference of the square footage (5750-926) for the use on the main residence providing it does not exceed 5750 square feet. It was agreed that this amendment would be acceptable. . There being no further public comment, Chairperson Clapper closed the public hearing and entertained a motion from the board. Commissioner Farris moved approval of the Resolution approving the Mountain Valley Cabin application as amended. Commissioner Ireland seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment she closed the public hearing and called the question. Motion passed unanimously. FIRST READING - ORDINANCE REZONING A PORTION OF THE ASPEN VALLEY RANCH FROM RS-20 TO RURAUREMOTE - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING ON AUGUST 10. 2005 - STAFF PLANNER: SUZANNE WOLFF RESOLUTION GRANTING APPROVAL OF THE ASPEN VALLEY RANCH SPECIAL REVIEW. 1041 HAZARD REVIEW. CONCEPTUAL SUBMISSION AND GMQS EXEMPTION - MOTION TO CONTINUE TO AUGUST 10. 2005 - STAFF PLANNER: SUZANNE WOLFF . Applicant: SGS Ranch LlC Applicant's Representatives: Glenn Horn and Dave Myler Applicant's Request: A proposal to develop eight new single family residences on parcels ranging from approximately 35 to 79 acres, to create a new 35+ acre parcel around the existing ranch house and a 35+ acre agricultural facilities parcel that encompasses the existing agricultural buildings and affordable housing units. A request for a total of 96,750 square feet of floor area for the development, with no more than three of the residences containing in excess of 10,750 and up to 13,250 square feet of floor area with the following approvals: . Rezoning of 245 acres of ranch to Rural/Remote; BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JULY 27, 2005 . 1041 Hazard Review and Conceptual Submission to establish building envelopes; . GMQS Exemption and Special Review to establish the parcels as TDR receiver sites (for initial development rights and additional floor area); . Amendment to the H2J Riding Arena application to locate the approved riding arena within the agricultural facilities parcel. Dave Myler, representing the applicant, gave an overview of their application, which is included in the BOCC packet for this meeting. Glen Horn, consulting land use planner, representing the applicant, proceeded with a review of the site plans proposed with in their application. Commissioner Ireland asked the applicants to explain their proposal for the deed restriction on the employee housing units. Mr. Myler addressed this issue by explaining that the deed restriction that was recorded in 1992 was not your typical deed restriction primarily because the eight units that existed at the time, were not required to be restricted as mitigation, but were required to be restricted to avoid being torn down because they were being used for replacement credits. The current owner of the property, as well as Mary Jane Garth, as the previous owner, had the right to remove those buildings at any time without any other consequences. He said they have no intention of doing that and they are not planning to rip down their tenant's houses anytime soon, if at all. They do however, want to preserve the right of replacement, perhaps, and continue with the right to remove them if they see fit. With respect to the specific restrictions to the deed restriction that were proposed by Suzanne, Mr. Myler said they suggest that they use an RIO type concept but not have a maximum rent and instead have occupant qualifications that would apply to category housing, e.g. full time employment, and a Category 3 income limitation. With respect to the resale issue, he said he does not know that he wants to preserve the option of condominiumizing and selling the units because he thinks there might be more problems than it's worth. But if they were to sale, they were proposing an RIO restriction on the units. He said he thinks he wants to have the association maintain control of those units, rent them to, on a first priority basis, the people who are either working for the association or working for the owners of the homes in the development, and thereafter they would be available for rental to any qualified employee. With respect to occupancy limits, they would prefer not to have one person per bedroom. Otherwise, they are happy with a new deed restriction that tracks with the realities of this project, and takes into account the history behind these particular units. Commissioner Ireland expressed a concern that one, he's not sure that the applicant can covenant against condominimizing and secondly, a concern about BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JULY 27, 2005 not having a cap on the rent. He said he would like staff to work on language in the event that the units are condominimized regarding the category sale price. It was agreed that this issue will be brought back at second reading for further discussion. Mr. Myler said they can live with category units. With respect to the maintenance of the roads to two of the Aspen Valley Downs lots, Mr. Myler said he and Herb Klein, attorney for the Aspen Valley Downs Subdivision, will work out a formula for doing that. If there are damages to the road during construction they would commit to taking care of the costs associated with the damage. With respect to house size, Mr. Myler said they would like some flexibility to customize some of the lots for some of the buyers who are interested in moving out there. He said they would work with staff on the formula and commit to fix the size at the time of the initial sale. With respect to the house size on lots 6 and 7, he said they will agree that these will not be the larger homes. With respect to the RFTA contribution, Mr. Myler said when they filed the original application it included subdivision approval, which triggered the RFTA contribution fee. Since that time, they have revised the application to eliminate the need for subdivision approval and it was their impression that the RFTA would not be applicable to them. However, they are agreeing to make a $10,000 donation to the improvement of the Rio Grande Trail. Commissioner Farris said because of the size of the development she would hope that the development would pay the required fee to RFT A. It was the consensus of other commission members that the applicants should come back at second reading with a better proposal for transit mitigation. With respect to the code amendment that would allow cash in lieu of TDR's he said they threw this on the table to see if there was any interest in pursuing it. He said this legislation would avoid the importation of TDR's, which is something that the caucus would prefer not to do, but it would allow them to pay into a fund that could be used to buy open space for TDR's in lieu of actually going out and buying a TDR and extinguishing it. He said if there is any interest in discussing this matter they will come back at the next meeting prepared to do so. If not, they will pull it off the table. It was the consensus of commission members, with the exception of Commissioner Hatfield, that they would like to discuss this matter at a future meeting. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JULY 27, 2005 Mr. Myler continued with the subject of vested rights. He said they initially asked for 30 years, but the Planning Commission asked for 20 years and they could live with that with certain language in the development agreement about things that are critical to them that they are getting approval for, and that they would like to have preserved for the vesting period; beyond house size. It was agreed that this issue will be further discussed at the next meeting on the application. Suzanne Wolff clarified that eight employee units have been talked about on the ranch however, there are only seven existing units today. With respect to the RFT A fee, she wants to make it clear that there is no requirement for this fee. With respect to the covenants and the development agreement she said the county attorney has agreed to review these documents prior to the next meeting. Chairperson Clapper opened the hearing to public comment. Herb Klein, representing the Aspen Valley Downs Homeowners Association, said he and members of the homeowners association has met with the applicants and are in agreement with respect to the road issue. Additionally, he asked that the board keep the building envelopes where they are shown on the proposal because those were the envelopes that were shown to the members of the association and some of their concerns of view plains and privacy issues were taken into account by the applicant in selection of those sites. Staff submitted a letter from Howard Vagneur with respect to his concerns with respect to the proposal. A copy of this letter is attached to the end of the BOCC packet for this meeting, under additional exhibits. Mr. Myler said they would take Mr. Vagneur's comments into consideration and respond to him with their response. Chairperson Clapper said she would entertain a motion for first reading on the ordinance and to continue the resolution to the next meeting. Commissioner Farris moved approval of first reading of the Ordinance on first reading and set for second reading and continued public hearing on August 10,2005. Commissioner Hatfield seconded the motion. Motion passed unanimously. Commissioner Farris moved to continue the Resolution on the Aspen Valley Ranch application to August 10,2005. Commissioner Hatfield seconded the motion. Motion .passed unanimously. LAND USE ACTIONS: BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JULY 27, 2005 BAKER APPEAL OF 1041 DENIAL - MOTION TO FIND A TAKINGS - STAFF PLANNER: LANCE CLARKE. ASSISTANT PLANNING DIRECTOR- APPLICANT: Bill Baker APPLICANT'S REPRESENTATIVE: Kim Raymond APPLICANT'S REQUEST: A takings determination, pursuant to Section 4-150 of the Pitkin County Land Use Code, as a result of the Community Development Director's denial of the Baker 1041 Hazard Review and Conceptual Submission, which the applicant contends leaves the property without a reasonable economic use. lance Clarke gave a presentation on this appeal as summarized in his memorandum contained in the BOCC packet for this meeting. Kim Raymond, representing the applicant, said they met with the Nancy MacKenzie, with the Environmental Health Department and from her standpoint, she said she prefers to have the septic system on the lower bench for health reasons and for the separation of the septic system from the well, which is 132 feet. So if they could put the septic system below then they have just enough space to get to the far end of the lot to put the well, which Mr. Baker agreed he would drill for his residence. She said the proposal is to work with an adjoining neighbor to hand dig the trench for both septic systems, which would result in a minimal disturbance to that steep slope. Additionally, she stated that no matter what the size of the house is proposed for the site, there is not room on the property for the well, the house and the septic system. After a discussion it was the consensus of staff and the majority of the board that there would be no where else on the property to place the septic system. Commissioner Farris moved that a takings has occurred with direction to staff to come back with a Resolution of remediation. Commissioner Hatfield seconded the motion. Motion passed with four yea votes with one nay vote by Commissioner Ireland with a comment that he believes there are other options. FIRST READING - ORDINANCE ADOPTING AN AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 3-310. ADDING SECTION 3- 310-070. VISUALLY CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHTS - MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON AUGUST 24.2005 - STAFF PERSON: JOHN EL Y. COUNTY ATTORNEY John Ely, County Attomey, gave a presentation on this proposed legislation. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JULY 27, 2005 Commissioner Hatfield moved approval of first reading of the Ordinance with an amendment that the sunlight clause be changed to read 120 days and set for second reading on August 24, 2005. Commissioner Farris seconded the motion. Motion passed unanimously. ADJOURNMENT: Commissioner Hatfield moved to adjourn the meeting at 6:00 p.m. Commissioner Clapper seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JULY 27, 2005 Respectfully submitted, Jeanette Jones Clerk to the Board of County Commissioners Patti Clapper, Chairman Board of County Commissioners g\bocc\minutes\2005\min. reg. 07272005 BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JULY 27, 2005 anette Jones lerk to the Board of County Commissioners -l~ppe~ Board of County Commissioners g\bocc\minutes\2005\min. reg. 07272005 . . BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JULY 27, 2005