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Home My WebLink Aboutboccminreg08222007 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room WEDNESDAY, AUGUST 22, 2007 -12:00 NOON (Commissioner Clapper not present) Pitkin County Cares Award Proclamations, Pat Bingham ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of7/9, 7/10 and 7/17 Work Sessions 2. Resolution Endorsing the Colorado Climate Action Network Call to Action and Reduction of Global Warming 3. 1st Reading and Set for Public Hearing on 9/12, Resolution Approving a Grant with Great Outdoors Colorado for Grange Family Ranch Conservation Easement, Dale Will 4. Emergency Ordinance and set for Confirmatory Public Hearing on September 26,2007, Regulations and Standards Regarding the Protection of Wildlife, Chris Hoofnag1e CONSENT PUBLIC HEARING, 2nd Readinl!: 5. Ordinance Authorizing Vacation & Conveyance of Trentaz Dr to Starwood Metropolitan District, Temple Glassier (Continued from 6/27) (to be continued to 10/1 0) 6. Ordinance Authorizing Conveyance of Pitkin County's 40-Acre Cougar Canyon Outparce1 to Robert P. and Ingrid K. Grueter, John E1y (continued from 8/8, to be continued to 9/12)) 7. Resolution Approving an Intergovernmental Agreement Between Pitkin County and the City of Aspen for the Red Mountain Road Water Line (to be continued to 9/12) LAND USE CONSENT PUBLIC HEARINGS I. Open Space Subdivision Exemption/Mollie Gibson Park, (Continued to 9/1 2/07), PH (PN 5/27/07), 1. Clarke BOCC OPEN DISCUSSION ADJOURN THURSDAY, AUGUST 23, 2007 9:30-3:00 - NWCCOG Executive Committee Strategic Planning Session - Carbondale Town Hall THURSDAY, AUGUST 23 - FRIDAY, AUGUST 24, 2007 CAST Meeting, Durango Colorado Water Congress, Steamboat FRIDAY, AUGUST 24, 2007 8:30 - 4:00 - Blue Ribbon Transportation Panel Meeting Great Divide Lodge, 550 Village Road, Breckenridge, CO FRIDAY AND SATURDAY, AUGUST 24 AND 25,2007 AREDA Y - American Renewable Energy Day, Aspen Friday 3:00 PM Keynote Speaker Gov. Bill Ritter, Wheeler Opera House Saturday 12:00 - 4:00 Speakers, booths and demonstrations at Cooper Avenue Mall and Wagner Park Live music with Jimmy Ibbotson APPROVED SEPTEMBER 12, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING AUGUST 22, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR AUGUST 22, 2007. CALL TO ORDER: Chairman Michael M. Owsley opened the regular meeting of the Board of County Commissioners at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Commissioners Michael M. Owsley, Dorothea Farris, Jack Hatfield and Rachel Richards. COMMISSION MEMBERS ABSENT: Commissioner Kay-Clapper was on vacation. PROCLAMATIONS: The board handed out the Pitkin County Cares Award Proclamations to the following people for their outstanding community dedication and commitment. They were: Elaine Grossman, Charles Hopton, Emmy Lerma, Tim McFlynn, Marlene Mickey, Larry Fredrick, Lauren Lacy, Cindy Houben, Cheryl Goldenberg, Rebecca Everett and Margi Wilkinson. ADDITIONS/DELETIONS/TO THE AGENDA: County Manager Hilary Fletcher announced the correction of item number 5 under Consent Public Hearings, 2nd Readings, entitled Ordinance Authorizing Vacation & Conveyance of Trentaz Drive to Starwood Metropolitan District which will be continued to October 12, 2007. RECORDER'S NOTE: Although October 12,2007 was the date stated the intention was to continue this item to October 10,2007, the regular meeting date. PUBLIC COMMENT: Vern Tacarzic's 9-year old son moved here from Florida about thirteen (13) months ago and attends Aspen Elementary School. Mr. Tacarzic is here to address the board regarding a situation with his landlord and asbestos contamination. He said that last Wednesday his landlord came in and removed BOARD OF COUNTY COMMISSIONERS REGULAR MEETING AUGUST 22, 2007 asbestos siding off the house illegally without a permit. He reported him to Pitkin County and Brian Paul ordered a stop work order. According to Mr. Tacarzic, two workers were back there the day after that with vacuum cleaners and Mr. Tacarzic had them removed from the site. He reported it to the Denver Asbestos Division. He said that he and his son were exposed and stayed in that house for four to five days, he said. Mr. Tacarzic related many, many, more phone calls and contacts he has made in an effort to get some assistance. He has no clothes, no furniture and no income at this time due to this situation. He has become extremely frustrated and just wants to get some type of assistance during this personal crisis. Chairman Owsley responded by saying that the public and the Commissioners are now aware of this situation. He offered his own sympathy, but said that this is the most that could be done at public comment. Mr. Tacarzic thanked the board for all their time. COMMISSIONER COMMENT: Commissioner Richards gave her update on the war in Iraq. It was reported on the news last night that 14 U.S. troop members were killed in a helicopter crash. She added that over 1000 private contractors have been killed in Iraq. They are not included in the usual count of soldiers and troops. She wanted everyone to look at what seem like "cold statistics" that are related to the losses of U.S. life and the dollars spent in this ongoing war. She also addressed the number of confirmed suicides (99) in Iraq and in the military. An article in the American Chronicle newspaper reported that "the sad circumstance that has gotten very little notice is that the 99 confirmed suicides are a small number of the 900+ confirmed suicide attempts". A moment of silence was observed. Commissioner Hatfield commented on the earlier celebration of proclamations issued to various local citizens. He would also like to recognize Pat Bingham for putting together these stories and proclamations and getting this type of celebration put together. Commissioner Hatfield said that he was so astounded regarding Mr. Tacarzic's story during public comment. He asked if the County Attorney could give the board a little "heads-up" on this incident after the meeting. He would like to understand why the board is so powerless to do anything at this time. He said that his heart goes out to Mr. Tacarzic and his family. Commissioner Farris said that she serves on the National Association of Counties' Public Land's Board. She found out yesterday that she is going to Chair the Gateway Community Sub-Committee. That committee, she said, BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING AUGUST 22, 2007 works on all issues relating to communities that are surrounded by public land and it works on legislation. They are working right now on endangered species. There is also a Forest Health Bill. This is a bill that CCI and NWCCOG have worked on. It has been signed by all nine members of the federal delegation both in the House and Senate to provide assistance to states so that we might be able to do something before a fire. If anyone has information, help or questions, she would appreciate them getting in touch with her. She also informed everyone that Aspen was not alone with employee housing issues. She said that many of the Gateway communities are having similar housing problems. Chairman Owsley saw two bears in Woody Creek, he thinks just passing through on their way to Aspen. He also experienced his first look at mink as he saw two running along the bank of the creek there. Commissioner Hatfield said that he really feels, separate of partisan politics in this country, that the United States of America needs to get its priorities straight. It's not about invasions and wars, he said. It should be about taking care of people in this country and our natural resources. CONSENT ACTIONS: Commissioner Hatfield asked to pull items 2 and 4, the Colorado Climate Action Resolution and the Emergency Wildlife Ordinance for discussion. Commissioner Hatfield moved to approve the BOCC Work S +ession minutes, as submitted and the Resolution approving the Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for Funding of the Grange Family Ranch Conservation Easement on first reading and set second reading and public hearing to September 12, 2007. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. MINUTES OF BOARD OF COUNTY COMMISSIONER WORK SESSION MEETINGS OF JULY 09,2007, JULY 10, 2007 AND JULY 17, 2007 - MOTION TO APPROVE STAFF: L YNDEE R. DEAN/JEANETTE JONES, CLERKS TO THE BOARD READING ON RESOLUTION ENDORSING THE COLORADO CLIMATE ACTION NETWORK CALL TO ACTION AND THE REDUCTION OF GLOBAL WARMING - MOTION TO APPROVE, AS AMENDED Commissioner Hatfield would like a correction made to the last paragraph of the first page of the Resolution where it begins, BE IT FURTHER RESOLVED that Pitkin County will support all action taken by Governor Ritter.......... Commissioner Hatfield would like this changed to read... will support actions taken by Governor Ritter........ BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING AUGUST 22, 2007 Commissioner Richards moved to approve the Resolution endorsing the Colorado Climate Action Network call to action and the reduction of global warming, with Commissioner Hatfield's correction for the use of the word actions rather than the words all action. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. FIRST READING ON RESOLUTION APPROVING A GRANT AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR FUNDING OF THE GRANGE FAMILY RANCH CONSERVATION EASEMENT - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO SEPTEMBER 12, 2007 STAFF: DALE WILL, DIRECTOR OF PITKIN COUNTY OPEN SPACE EMERGENCY ORDINANCE REPEALING ORDINANCE 21-2005 AND REPEALING ORDINANCE 010-2001, REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE - MOTION TO APPROVE AND SET CONFIRMATORY PUBLIC HEARING TO SEPTEMBER 26, 2007 STAFF: CHRIS HOOFNAGLE, DIRECTOR PITKIN COUNTY LANDFILL Commissioner Hatfield informed the public on the issues regarding this Emergency Ordinance for the protection of wildlife. Commissioner Richards also spoke to the area's bear issues reminding everyone of simple things to do or not do to keep bear's away. She also thanked Commissioner Kay-Clapper for bringing up the idea of contributing to the Wildlife Rehabilitation Sanctuary down in Silt that is taking care of some of the orphaned cubs. Although Commissioner Richards called it a token amount, the board sent them $500.00 for the work that is being done there. Commissioner Farris had a grammatical correction for Chris Hoofnagle. The words "or their designee" in the last sentence under item 2.13 of the Resolution should read "or his or her designee". Commissioner Farris moved to approve the Emergency Ordinance regarding the protection of wildlife and set the confirmatory public hearing to September 26,2007. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. Kevin Wright of the DOW was present and made the following announcement. There will be a public meeting on bears and the new bear policy on Wednesday, August 29,2007 from 7-9 PM in the Rio Grande Meeting Room (the old Youth Center Building). CONSENT PUBLIC HEARINGS, 2ND READINGS: BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING AUGUST 22, 2007 SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING VACATION AND CONVEYANCE OF TRENTAZ DRIVE TO THE STARWOOD METROPOLITAN DISTRICT - MOTION TO CONTINUE TO OCTOBER 10, 2007 STAFF: TEMPLE GLASSIER. PUBLIC WORKS PROJECT MANAGER SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING CONVEYANCE OF PITKIN COUNTY'S 40-ACRE COUGAR CANYON OUTPARCEL TO ROBERT P. AND INGRID K. GRUETER - MOTION TO CONTINUE TO SEPTEMBER 12, 2007 SECOND READING AND PUBLIC HEARING ON RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE CITY OF ASPEN FOR THE RED MOUNTAIN ROAD WATER L1NE- MOTION TO CONTINUE TO SEPTEMBER 12, 2007 Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing. Commissioner Hatfield moved to approve the continuation of the items under the Consent Public Hearings portion of the agenda. Commissioner Farris seconded the motion. Motion passed 4 to 0 with Commissioner Kay- Clapper not present. LAND USE CONSENT PUBLIC HEARINGS: CONTINUED READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE MOLLIE GIBSON PARCEL SUBDIVISION EXEMPTION FOR OPEN SPACE PARCELS - MOTION TO CONTINUE TO SEPTEMBER 12,2007 STAFF: LANCE CLARKE, ASSISTANT DIRECTOR, COMMUNITY DEVELOPMENT Commissioner Hatfield moved to continue the reading and public hearing on the Mollie Gibson Parcel Resolution to September 12, 2007. Commissioner Farris seconded the motion. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing. Chairman Owsley called the question. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. BOCC OPEN DISCUSSION: BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING AUGUST 22, 2007 The board members and County Manager, Hilary Fletcher discussed new and ongoing matters of importance. ADJOURNMENT: Commissioner Farris moved to enter Executive Session at 1 :25 PM. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING AUGUST 22, 2007 Respectfully submitted, //.-"' ,/1 i~11tl/( ;(/ Lyndee. . Dean ' , ~k to'the Board 0 ounty Commissioners {lll{ f County Commissioners // John Ely // County Attorney~/ / The above signed attorney, representing the Board and being present at the executive sessions, attests that the subject of the unrecorded portions of the sessions constituted confidential attorney-client communication. g\bocc\m in utes\2007\08222007 BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING AUGUST 22, 2007