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HomeMy WebLinkAboutbocc.ord.007.2007AN ORDINANCE OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE BUREAU OF LAND MANAGEMENT FOR THE ADMINISTRATION OF CERTAIN COMMERICAL RAFTERS TAHING OUT AT WINGO NNCTION ORDINANCE #~-07 RECITALS 1. Pitkin County Open Space and Trails has managed use by commercial rafting outfitters at Jaffe Park since 2002, as approved by the Board of County Commissioners through Resolutions #52-02, 53-02, and 54-02 2. Those same commercial operators use the Wingo Junction Boat Ramp, located on Bureau of Land Management (BLM) property, for trips initiating at Jaffee Park. 3. The BLM and commercial operators desire to consolidate the administrative requirements for permitting commercial trips from Jaffee Park to Wingo Junction. 4. The BLM agrees to perform all maintenance and management functions associated with the Boat Ramp. 5. The Open Space and Trails staff able to assume the administration without significantly increasing its workload, and desires to cooperate with the BLM for the permitting of these river trips. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: "I'he Board approves the execution of the attached Memorandum Of Understanding with the BLM, sssigning administration of use of the Wingo Junction Boat Ramp as a take out by operators who launch commercial trip at Jaffee Park. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 9th DAY OF MAY, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ~~ 3 t'~'DAY OF MAY, 2007. APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 23rd DAY OF MAY, 2007. PUBLISHED AFTER ADOPTIOIN IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ~~`f DAY OF-~iu, 2007. ATTEST: ~ ~~ / , Jea ette Jones De utv Clerk APPROVED AS TO FORM: ~ ~a-f John Ely ~ Coy~-ty Attorne~ // ~ ~i ~ 1 ! ~ ~.~-'~.~ 9 ~ ~~, Dale Will, Director Open Space and Trails Program BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO ~~~ ichael M. Owsley, Chair Date: ~j `~ ~ ~~ ~~' Hilary Fle er County M ager ~ Memorandum of Understanding Between the Bureau of Land Management And Pitkin County Purpose This Memorandum of Understanding (MOU) is made and entered into between Pitkin County and the Department of the Interior, Bureau of Land Management (BLM), Glenwood Springs Field Office (GSFO). Both signatories of this MOU are herein referred to as Partners. The agreement is to establish a general framework of cooperation upon which the partners administer Special Recreation Permits (SRPs) on the Roaring Fork River between Jaffee Park and the Wingo Junction boat ramps in Pitkin County Such cooperation complements both missions of the BLM and Pitkin County and are the in the best interest of the public. I I. Objectives The objective of this MOU is to: Streamline the permitting process required for commercial use of the Roaring Fork River between Jaffee Park and Wingo Junction. Allow companies holding valid permits and paying required fees through Pitkin County to use the BLM boat ramp at Wingo Junction for no additional fee. lll. Authority BLM is authorized by Section 307 (b) of Federal Land Policy and Management Act of 1976 (43 U. S. C 1737) to enter into partnership agreements involving management, protection, and development of public lands. IV. Background The Wingo Junction boat ramp was constructed by the Colorado Department of Transportation (CDOT) when Highway 82 was widened to four lanes. The commercial rafting companies worked with CDOT to design and construct the boat ramp, ensuring the public access to the river would be preserved. The boat ramp is on BLM managed land and therefore, an SRP is required to operate a commercial venture on that property. Since 2000 the BLM has been issuing SRPs for the use of the ramp and charging a flat fee of $80-$90 to the commercial companies using the ramp. The GSFO felt this fee was appropriate since the GSFO was not responsible for the construction of the ramp and did little on-site management. In 2005, however the Glenwood Springs Field Office was directed to charge fees for this area in compliance with our regulations which require 3% of gross revenue. After much discussion with the SRP holders and Pitkin County Open Space and Trails, it was decided that the BLM could waive fees for companies putting in at Jaffee Park and taking out at Wingo Junction as long as the company had a valid permit with and paid the required fee to Pitkin County. This way the companies are not paying two agencies for the same trip. Companies putting in at Wingo Junction and taking out down steam will be required to have a permit with BLM and pay 3% of their gross revenue to BLM. A discount will be given for time spent off public lands. ~ V. Mutua/ Benefits It is mutually beneficial for both Pitkin County and the BLM to work cooperatively to provide commercial recreation opportunities on the Roaring Fork River. Vl. Terms of Mutual Agreement Pitkin County will: Continue to issue permits to companies utilizing Jaffee Park for commercial river related activities to include the Wingo Junction boat ramp for take-out. Continue to collect fees set by Pitkin County, for commercial use of Jaffee Park. Require that SRP holders add "US GovernmenY' as an additional insured to their insurance policies and will ensure that the insurance policy meets the BLM minimum requirements ($300,000 per occurrence, $600,000 annual aggregate, $30,000 property damage). Include "BLM Wingo Junction Boat Ramp" on the permit. Not be responsible for any maintenance of the Wingo Junction boat ramp or related facilities. The BLM will: Continue to issue SRPs for commercial use of Wingo Junction to companies putting-in at Wingo, or taking out if Wingo if they are using a launch site other than Jaffee Park. Charge 3% of gross revenue for trips putting-in at Wingo Junction, or taking out at Wingo if the launch site is other than Jaffee Park. The appropriate discount will be given for time spent off of public lands. Continue to provide basic management of the Wingo Junction boat ramp It is mutually agreed and understood by the partners that • This MOU is neither a fiscal nor a funds obligations document. This agreement shall not obligate either of the Partners to this agreement to expend appropriations or to enter into any contract or other obligation with the other partner in this agreement. • In carrying out this MOU, there shall be no discrimination against any person because of race, color, national origin, sex, age, religion, or disability. • This MOU shall not be interpreted to imply that the United States, the Department of the Interior, or the BLM endorses any product, service, or policy of Pitkin County. Pitkin County shall not take any action or make statements that suggests or implies such endorsement. • Each signatory party shall obtain prior approval from the other of all press releases, advertisements, or other statements regarding projects or work products intended for the public that refer to this MOU or to the BLM or name or title of any BLM employee involved in connection with this agreement. • The Partners will consult, at least annually, to discuss actions to implement the purpose of this MOU Vll. Term of Agreement This agreement shall have a term of 5 years from the date signed, at which time, it will expire unless extended by issuance of a written amendment, signed and dated by both parties. This agreement may be terminated by either party upon 90 days written advance notice. This agreement shall be reviewed, by both Partners, annually to determine whether it should be continued, modified, or terminated. y Vlll. Agency Contacts The Principal contacts for this MOU are: Pitkin County Open Space and Trails Kathleen O'Brien 530 E Main Aspen CO 81611 Telephone (970) 920-5232 This memorandum of understanding is executed by' i ~ - G~ ~: ~~~ ~~~ ichaeN~ I M O~y, C airman Pitkin County Board of County Commissioners Date: ~ Z~ ~7 Bureau Of Land Management Glenwood Springs Field Office Brian Maiorano, Outdoor Recreation Planner 50629 Hwy 6 & 24 Glenwood Springs, CO 81601 Telephone (970) 947-2806 FAX (970) 947-2829 ~ ~~-~..~ ie Connell, Field Manager ureau of Land Management, Field Manager Glenwood Springs Field Office Date: ~ - ~ 7 - ~ 5 AN ORDINANCE OF THE COUNTY COMMISSIONERS ~F PITKIN C4UNTY, COLORADO, APPROViNG A MEMORANDUM OF UNDERSTANDING WTTH THE BUREAU OF LAND MANAGEMENT FOR THE ADMINISTRATION OF CERTAIN COMMERICAL RAFTERS TAKING OUT AT WINGO JUNCTION ORDINANCE #~-07 RECITALS Pitkin County Open Space and Txails has managed use by commercial rafting outfitters at Jaffe Park since 2002, as approved by the Board of County Commissioners through Resolutions #52-02, 53-02, and 54-02 2. Those same commercial operators use the Wingo Junction Boat Ramp, located on Bureau of Land Management (BLM) property, for trips initiating at Jaffee Park. 3. The BLM and commercial operators desire to consolidate the administrative requirernents for permitting commercial trips fronn Jaffee Park to Wingo Junction. 4. The BLM agrees to perform all maintenance and management functions associated with the Boat Ramp. 5. The Open Space and Trails staff able to assume the administration without significantly increasing its workload, and desires to cooperate with the BLM for the permitting of these river trips. NOW THEREFQRE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: T'he Board approves the execution of the attached Memorandum Of Understanding with the BLM, assigning administration of use of the Wingo Junction Boat Ramp as a take out 'by operators who launch commercial trip at Jaffee Park. The BOCC finds that adoption of tl~is ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 9th DAY OF MAY, 20Q7. NQTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITIQN OF THE ASPEN TIMES ON THE ~ 3 t~AY OF MAY, 2407. APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 23rd DAY OF MAY, 2007. PUBLISHED AFTER ADOPTIO IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ~,~'"f DAY OF- iu, 2047. ATTEST: APPROVED AS TO FORM: . ,~ Jahn Ely , Coy~ty Attorney ~ "~ 1 . ~ ' ~~ 1 d ~~ ~ ~ ~ , Dale Will, Director Open Space and Trails Program BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO • ~~~ ichael M. Owsley, Chair Date: ~ ( G~' Hilary Fle er Caunty M ger 2 ~ ~'ONTRACT # ~_ ~„~ ~ °~ ~ Memorandum of Understanding Between the Bureau of Land Management And Pitkin County Purpose This Memorandum of Understanding (MQU} is made and entered into between Pitkin County and the Department of the Interior, Bureau af Land Management (BLM), Glenwood Springs Field Office (GSFO). Both signatories of this MOU are herein referred to as Partners. The agreement is to sstablish a generaf framework of cooperation upon which the partners administer Special Recreation Permits (SRPs) on the Roaring Fork River between Jaffee Park and the Wingo Junction boat ramps in Pitkin County. Such cooperation compfements both missions of the BLM and Pitkin County and are the in the best interest af the public. II. Objectlves The objective of this MOU is to: Streamline the permitting process required for commercial use of the Raaring Fork River between Jaffee Park and Wingo ,lunction. Allow companies holding valid permits and paying required fees through Pitkin County to use the BLM boat ramp at Wingo Junction for no additionaf fee. !1!. Authority BLM is authorized by Section 307 (b) of Federal Land Policy and Management Act of 1976 (43 U. S. C. 1737} to enter into partnership agreements involving management, protectian, and development of public lands. IV. Background The Wingo Junction boat ramp was constructed by the Colorado Department of Transportation {CDOT} when Highway 82 was widened to four lanes. The commercial rafting companies worked with CDOT fo design and construct the boat ramp, ensuring the public access to the river would be preserved. The boat ramp is an SLM managed land and therefare, an SRP is required to operate a commercial venture on that property. Sinc:e 20d0 the BLM has been issuing SRPs for the use of the ramp and charging a flat fee of $80-$90 to the commercial compani~s using the ramp. The GSFO felt this fee was appropriate since the GSFO was not responsible for the construction of the ramp and did little on-site management. In 2005, however the Glenwood Springs Field Office was directed to charge fees for this arsa in compliance with our regulations which require 3°!0 of gross revenue. After much discussion with the SRP holders and Pitkin County Open Space and Trails, it was decided that the BLM could waive fees for companies putting in at Jaffee Park and taking out at Wingo Junction as long as the company had a valid permit with and paid the required fee to Pitkin County. This way the companies are not paying two agencies for the same trip. Companies putting in af Wingo Junction and taking out down steam will be required to have a permit with BLM and pay 3% of thei~ gros5 revenue to BLM. A discount will be given for time spent off pubfic lands. J V. Mutua/8enefits !t +s mutually beneficial for both Pitkin County and the BLM to worlc cooperativeiy to provide commercial recreation opportunities on the Roaring Fork River. VI. Terms of Mutual Agreement Pi#kin Co~nty will; • Cvntinue to issue permits to companies utilizing Jaffee Park for commercial river re{ated activities to include the Wingo Junctian boat ramp for take-out. • Continue to collect fees set by Pitkin County, for commercial use of Jaffee Park, ~ Require that SRP halders add "US Government" as an additional insured to their insurance policies and will ensure that the insurance pa{icy meets the BLM minimum requirements ($300,000 per occurrence, $600,000 annual aggregate, $30,000 property damage). ~ Inciude "BLM Wingo ,lunction Boat Ramp" on the permit. ~ Not be responsible for any maintenance of the Wingo Junction boat ramp or related facilities. The BLM wi!!: • Continue to issue SRPs far commercial use of Wingo Junction to companies putting-in at Wingo, or taking out if Wingo if they are using a launch site other than Jaffee Park. ~ Charge 3% of gross revenue for tnps putting-in at Wingo Junction, or taking out at Wingo if the iaunch site is other than Jaffee Park. The appropriate discount will be given for time spent oif of public lands. • Continue to provide basic management of the Wingo Junction boat ramp. !t is mufually agreed and understood by fhe parfners that: • This MOU is neither a fiscal nor a funds obligations document. This agreement shali not obligate either of the Partners to this agreement to expend appropriations or to enter into any contract or other obligation with the other partner in this agreement. • In carrying out this MOU, there shall be no discrimination against any person because of race, color, national origin, sex, age, religion, or disability. • This MOU shall not be interpreted to imply that the United States, the Department af the Interior, or the BLM endorses any product, service, or policy of Pitkin County, Pitkin County shall not take any actian or make staterrients that suggests or implies such endorsement. • Each signatory party shall obtain prior approval from the other of all press releases, advertisements, or other statements regarding projects or work products intended for the public that refer to this MOU or ta the BLM or name or titls of any BLM employee involved in connection with this agreement. • The Partners will consult, at least annually, to discuss actions to imp[ement the purpase of khis MOU. Vll. Term of Agreement This agreement shall have a term of 5 years from the date signed, at which time, it will expire unless extended by issuance of a written amendment, signed and dated by both parties. This agreement may be terminated by either party upon 90 days written advance notice. This agreement shall be reviewed, by bath Partners, annually to determ+ne whether it shou4d be continued, snod'+fied, or terminated, y VI!!. Agency Contacts The Principal contacts for this MOU are: Pitkin County Open Space and Trails Kathleen O'Brien 530 ~ Main Aspen CO 81611 Tefephone (970) 920-5232 This memorandum af understanding is executed by: \ ., , ' ~; ~ ~ ; . ~ ~ .L , ichael M. O sfey, C airman Pitkin County Board of County Commissioners Date: '~ ~ ~` ~ Bureau Of Land Management Glenwood Springs Field O~ce Brian Maiorano, Outdoor Recreation Planner 50629 Hwy 6 & 24 Glenwood Springs, CO 816d1 Telephone (970) 947-2806 FAX (97Q) 947-2829 ~/~ ~ ie Connelt, Field Manager ureau of Land Management, Field Manager Glenwood Springs Field O~ce Date: 7 - ~ 7 - ~ ~ ~