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Minutes 10/08/2002 PUBLIC HEARING OCTOBER 8, 2002 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first item before the Board was an Executive Session. Commissioner Stone moved to adjourn into Executive Session pursuant to State Statute for the purpose of discussing potential litigation in the Swift case. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 8:48 a.m. Commissioner Stone moved to adjourn from Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 8:58 a.m. Consent Agenda Chairman Gallagher stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the weeks of October 7, 2002 and October 14, 2002, subject to review by County Administrator B) Approval of payroll for October 17,2002, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for September 1 7, 2002 D) Change Order #1 to the 2002 Guardrail Project E) Frying Pan Road Snow Plowing Agreement with Pitkin County F) Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Gypsum G) Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Red Cliff H) Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Minturn I) Contract Agreement between the County of Eagle, State of Colorado and David Guinnee, DVM, for veterinary service J) Property Management Agreement Amendment between Eagle County and Eagle Riverview Affordable Housing Corporation K) Resolution 2002-138, final release of collateral and termination of the warranty period for Cordillera, Filing 32, Southern Parcel 1 10-08-2002 L) Resolution 2002-139, final release of collateral and termination of the warranty permit for Cordillera, Filing 37, a resubdivision of Lots 1 and 2, Tracts A, M, N, & P, Cordillera Filing No 37, Off-Site Sewer M) Resolution 2002-140, final release of collateral and termination of the warranty period for Riverwalk N) Agreement between the County of Eagle and the County of Summit concerning a Joint Retired and Senior Volunteer Program 0) Agreement with Kolbe Striping, Inc for taxiway and apron paint improvements. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated items Nand 0 should be pulled as they are not ready for signature. Commissioner Menconi moved to approve the Consent Agenda as presented, pulling items N, Agreement with Summit County and 0, Agreement with Kolbe Striping. Commissioner Stone seconded the motion. The vote was declared unanimous. Transmittal of 2003 County Budget Jack Ingstad, County Administrator, presented the transmittal ofthe proposed 2003 County Budget and budget message by the County Budget Officer. He stated the good news is the revenues exceed the expenditures by approximately $26,000.00. The County was able to fund all programs and some new programs. Commissioner Stone asked Mr. Ingstad to explain the revenue projections, speaking to the proposed budget is at $70,446,602.00 with $24,621.00 revenues in excess ofthe expenditure. It then goes on to say that expenditures for 2002 are expected to be $78,410,000.00. He spoke to the difference. Mr. Ingstad explained the $78, 410,000.00 is what they expect to end this year at. That is due to the expanded programs. He stated the County is off about eight million dollars from this year to next year. He stated the County spent considerably less than originally anticipated, which was about $2,000,000.00. The County is in good financial shape. Commissioner Stone stated the Board is not cutting any programs or any operational costs. Mr. Ingstad stated the staffing at the County has been reduced and the resources have changed. They are able to operate by shifting the resources. Everything asked for has been funded. This budget does pick up the cost of employees health insurance. At some point the Board may want to consider passing on some of those cost to the employees. He suggested at some point the Board may want to postpone the merit increases due to the possibility of not enough revenues from travelers, the possibility of a war and what kind of snow year we will have. Commissioner Stone asked what was the time frame the Board has to meet to approve the budget. Mike Roeper, Finance Director, stated the budget is scheduled for adoption on December 10, 2002 and public hearings has been scheduled before that date. Commissioner Stone moved to accept the draft budget as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-141, Supporting the Efforts of Rotary International George Roussos, Assistant County Administrator, presented Resolution 2002-141, supporting the efforts of Rotary International to eradicate polio by 2005. He read the Resolution for the record as follows: 2 10-08-2002 "Whereas, Rotary is an organization of business and professional leaders united worldwide who provide humanitarian service, encourage high ethical standards in all vocations, and help build goodwill and peace in the world; and Whereas, the Vail-Eagle Valley Rotary club membership represents a cross section of the community's business and professional men and women, meets weekly and are non-political, non- religious and open to all cultures, races and creeds; and Whereas, the objective of Rotary is service - service in the community, in the workplace and throughout the world; and Whereas, the Rotary motto is "Service Above Self'; and Whereas, in 1985, Rotary launched PolioPlus, one of the most ambitious humanitarian programs ever undertaken by a private entity; and Whereas, PolioPlus was the catalyst for the World HeaI:th Assembly's adoption in 1988 of the goal of polio eradication; and Whereas, today, thanks to Rotary and its global partners, the world is on the threshold of eradicating the polio virus that has destroyed so many lives and hopes as evidenced by the 99.8 drop in the number of polio cases since 1988; and Whereas, more than two billion children have been immunized and four million spared death or paralysis; and Whereas, Rotary has contributed nearly $500,000,000 in contributions and an untold number of volunteer hours; and Whereas, the biggest obstacle to victory in the battle against polio is financial; and Whereas, more money is urgently needed to buy additional vaccine and to deliver it to children in the few remaining countries where the polio virus still circulates; and Whereas, Rotary has announced a new, one-year polio eradication fund raising campaign with a goal this year of$80,000,000 in donations and pledges by June 30, 2003. Now, therefore be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: That, the Eagle County Board of County Commissioners applauds the work of the V ail- Eagle Valley Rotary Club and the Rotary International to eradicate polio by 2005, the Rotary's 100th anmversary. That, the Eagle County Board of County Commissioners supports the efforts of the V ail- Eagle Valley Rotary Club and Rotary International to raise the needed donations to conquer this dread disease. Moved, Read and Adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 8th day of October 2002." Commissioner Stone stated he was approached by Ernie Blender ofthe Vail Rotary and the interest here is a desire to eradicate polio. The effort here is to bring more of an interest to the community and to the world ofthe need to rid the planet of polio. Commissioner Menconi stated as a member of Rotary he would be more than happy to move to approve Resolution 2002-141, supporting the efforts of Rotary International to eradicate polio by 2005. Commissioner Stone seconded the motion. Chairman Gallagher stated that in addition to presenting the Resolution to Rotary he would offer a friendly amendment to also provide a check in the amount of$1,000 to this worthy cause. The Board concurred. Chairman Gallagher called for the question on the motion. The vote was declared unanimous. Inclusion / Exclusion Agreement, Berry Creek Metro, Edwards Metro Dianne Mauriello requested this be tabled to October 22, 2002 to allow the Districts to further their discussions. 3 10-08-2002 Commissioner Stone moved to table the Inclusion/Exclusion Agreement to October 22, 2002. Commissioner Menconi seconded the motion. The vote was declared unanimous. McCoy House Drawing Carla Budd, Human Resources Director, stated the next item on the agenda was the McCoy House Drawing. She presented the names in order as follows: 1. Victor Crocco 2. Nate Ivy 3. William Burks 4. John Anglin Plat & Resolution Signing Chairman Gallagher asked if they have seen these resolutions previously. Cliff Simonton, Planner, stated the Board has not seen the Resolution but all files have all gone through the process by the County Commissioners. Chairman Gallagher questioned whether they can do these as a consent agenda item. Commissioner Stone stated as long as they can do it legally he is supportive of doing them on a Planning Consent Agenda. Chairman Gallagher suggested that those they have had public hearings on and taken public action, he does not have a problem with a Consent Agenda. Commissioner Stone suggested as long as there are those that are non-controversial, he doesn't have a problem with it. He asked the County Attorney if they are able to make this part ofthe Consent Agenda. Jack Ingstad stated though it seems rather routine, the document that is being approved is the direction of the Board to staff. This is then Staffs attempt to put into writing the desires of the Board. Cliff Simonton presented the following plats and resolutions for the Board's consideration. He stated that the first three are all related to PDA-00038, however each is significant to the various filings. He suggested that each requires a separate motion. Resolution 2002-142, to Approve an Amendment to the Homestead PUD Guidelines, Filing 1 (Eagle County File No. PDA-00038) The Board considered the Applicant's request on September 3,2002. Commissioner Stone moved to approve Resolution 2002-142, an amendment to the Homestead PUD Guidelines, Filing 1, file number PDA-00038. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-143, to Approve an Amendment to the Homestead pun Guidelines, Filing 2 (Eagle County File No. PDA-00038) The Board considered the Applicant's request on September 3, 2002. Commissioner Menconi moved to approve Resolution 2002-143, an amendment to the Homestead PUD Guidelines, Filing 2, file number PDA-00038. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2002-144, to Approve an Amendment to the Homestead PUD Guidelines, Filing 3 (Eagle County File No. PDA-00038) The Board considered the Applicant's request on September 3, 2002. Commissioner Stone moved to approve Resolution 2002-144, an amendment to the Homestead PUD Guidelines, Filing 3, file number PDA-00038. Commissioner Menconi seconded the motion. The vote was declared unanimous. 4 10-08-2002 Resolution 2002-145, to Approve the Special Use Permit for the Roger Brown Day Care Center (Eagle County File No. ZS-00096) The Board considered the Applicant's request on September 17, 2002. Commissioner Menconi moved to approve Resolution 2002-145, approval of the Special Use Permit for the Roger Brown Day Care Center, file number 2S-00096. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2002-146, to Approve the Special Use Permit for Sprint, PCS (Eagle County File No. ZS-00098 The Board considered the Applicant's request for a Low Power Wireless Telecommunications Facility at the Two Elk Lodge on Vail Mountain on September 17, 2002. Commissioner Stone moved to approve Resolution 2002-146, approval of the Special Use Permit for Sprint PCS, file number 2S-00098. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-147, to Approve the Special Use Permit for Sprint, PCS (Eagle County File No. ZS-00099 The Board considered the Applicant's request for a Low Power Wireless Telecommunications Facility at the top of Chairlift # 11 on Vail Mountain on September 17, 2002. Commissioner Menconi moved to approve Resolution 2002-147, approval ofthe Special Use Permit for Sprint PCS, file number-00099. Commissioner Stone seconded the motion. The vote was declared unanimous. Same Day Voter Registration Chairman Gallagher questioned proposed legislation that allows same day voter registration on election day. He stated at a CCl Conference, they were invited to join the Clerk and Recorder's Association in opposing this matter. Sara Fisher, Eagle County Clerk & Recorder, related the State Association is not taking a formal position at this time. She related several Clerk's, including herself, have some concerns with this issue. It is not the policy of the State Association to take a formal position on any ballot issue. She stated she would not encourage the Commissioners to pass a Resolution either in support or opposition. She spoke to the concerns of the implementation. She stated the decision needs to come from the voters in Colorado. Chairman Gallagher asked about the reason in the language. Ms. Fisher stated she sees reason to be concerned and believes it can provide avenues for greater voter fraud. But that is in the eye of the beholder. She stated as well with all mail ballot elections, which she supports, some believe that could be an avenue for greater voter fraud. She stated there are organizations in the State that have ample resources to change the voting process, but that is the democratic way. It is up to the voters to become educated and vote on those changes. Commissioner Stone suggested that discussion is very important on issues that will effect the well being of the community. He believes that as Elected Officials he has an obligation to take a stand and issue Resolutions on items on the ballot that will affect their local community. Resolution 2002-148, Opposing Amendment 31, English Language Education Commissioner Menconi presented Resolution 2002-148, Opposing Amendment 31, English language Education in Colorado Public Schools. Commissioner Menconi read the Resolution for the record as follows: "Whereas, on November 5, 2002 the voters of the State of Colorado will be asked to consider Amendment 31 to the Colorado Constitution, which requires that all public school students be taught in 5 10-08-2002 English; and Whereas, Amendment 31 further requires students who do not speak English to be taught English through sheltered English language immersion programs and to be transferred to a regular classroom, generally after one year, unless a waiver is granted; and Whereas, Amendment 31 authorizes a parent or legal guardian to sue for enforcement of the proposal and provides detailed penalties for teachers, administrators, and school board members; and Whereas, Amendment 31 requires all English learners in grades two through twelve to be tested annually in English; and Whereas, by requiring that all instruction be in English, the proposed Amendment limits the ability of school districts to offer innovative language programs, even ifthe programs are effective and respond to the needs and wishes ofthe school community; and Whereas, the proposed Amendment restricts parental choice and local control of education; and Whereas, the proposed Amendment contains onerous provisions effecting teachers and administrators who fail to abide by the Amendment by allowing them to be sued, fired and prohibited from working in education or holding a position in Colorado government for five years; and Whereas, Amendment 31 requires an additional layer of testing that means further administrative expense estimated at $16 million annually, and time away from classroom teaching. Now, therefore be it resolved by the Board of County Commissioners ofthe County of Eagle, State of Colorado: That, the Eagle County Board of County Commissioners opposes the passage of Amendment 31 to the Colorado Constitution concerning English language education in Colorado public schools and encourages voters to oppose this amendment on Election Day, November 5, 2002. Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 8th day of October 2002." Commissioner Menconi moved to approve Resolution 2002-148, opposing Amendment 31 to the Colorado Constitution concerning English language education in Colorado Public Schools. Commissioner Stone seconded the motion. Commissioner Stone stated that the Governor has hit the nail on the head in his beliefthat educators and schools should not be in a situation of being personally liable for those students that have gone through the system. He suggested that this is not the best solution to that issue. Chairman Gallagher called for the question on the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. LUR-0042, Wildfire Regulations Chairman Gallagher introduced LUR-0042, Wildfire Regulations. He stated it is planned for today to discuss two aspects of the regulations, one is to make the regulations retroactive for certain structures within the County. He stated he looked at some of the numbers of current permits and future approvals. He suggested that less than 1 % of the dwelling units would fall under these Regulations every year. After working hard on these Regulations for ten years they would have less than 10% of the structures in compliance. He stated that is pretty scary given the nature of fires. He stated he believes they must look at some method to bring the entire County into compliance with the Safety Regulations. Commissioner Stone stated he would like to go through the ordinance and the proposed 6 10-08-2002 regulations. He stated he visited the sites of the Hayman fire and Missionary Ridge fire. He stated he is on the Governor's Advisory Board for the Urban/Rural interface. He spoke to the 17 mile run made by the Hayman fire in one day. He spoke to the Manitou Experimental Forest which the Forest Service uses to test different fire techniques. A part ofthis was burned in the Hayman fire. He stated part ofthe monitoring equipment clocked the fire moving at 11 miles an hour downhill. He stated he is beginning to question the effectiveness of the proposed Land Use Regulations and is concerned about how effective they will be. He spoke to the Lone Tree bum and a model which can predict the most likely path a fire will take. He would like the Forest Service to use their modeling techniques to identify what areas within the County are the most worrisome. Chairman Gallagher spoke to mapping. He reminded all that it is budget time and they are looking at the costs of mapping to be had within a year or two rather than the inhouse efforts which would take a longer period of time. Commissioner Stone stated the mapping is a good place to be. He questions how much of unincorporated Eagle County is at risk. He stated the biggest populations are in the incorporated Towns. He suggested they would want to get consistency between the Towns and the County. He spoke to the Town of Vail and the thinning. He suggested he is looking at it County wide and even if they enact an ordinance, that will not effect the Towns. Chairman Gallagher suggested the mapping could be in conjunction with the Towns. John Gulick, Vail Fire Emergency Services, stated the Town of Vail has spent approximately $90,000 within the Town on the pine beetle mitigation. He spoke to their area of coverage. He stated the Forest Service lands and public lands have not been mapped. He stated the only area that has been cut is for 1-70. He spoke to Polk Creek which is a steep canyon and inaccessable. He spoke to the Two Elk Pass and Trail. He stated those portions on the east end of the County have not been looked at closely. Starting at Gore Creek Campground, they have done some mapping. Chairman Gallagher asked about mapping the area for wildfire. Mr. Gulick spoke to the Pine Beetle mapping in east Vail. There are sites they have partially completed. They have since quit cutting in that area because ofthe snow slide concerns. Berry Smith, Community Development, stated a few years ago they did a lot by lot survey of some of the hazardous areas. Chairman Gallagher asked if the criteria were the same. Mr. Smith stated they were only looking at developed lots and looking at existing construction. Chairman Gallagher spoke to putting out some RFPs and asked if staff is able to put that together. Bob Narracci, Planning Manager, stated he has spoken with two separate companies that provide the service. They started from scratch. He stated he explained they really just need the hazard rating and the vegetation mapping. He stated he has talked with John Staight, GIS Department, about what information they already have. Chairman Gallagher suggested GIS is going to do another fly over next year. He suggested perhaps if they understood how that fly over could be enhanced, they might look at that. Mr. Narracci stated they have a full spectrum of how small the mapping unit they would need, whether lot by lot, one acre, five acre, etc. The price goes up as the unit becomes smaller. Commissioner Menconi asked if there is not a retro-activity to the Wildfire Regulations, if mapping is something that states in the Regulations will continue to be modified, is it possible to move forward with the Regulations and target mapping to the the areas the Regulations are focusing on. Mr. Narracci stated the map would always have to be updated to reflect current conditions. Site inspections would determine how complete the mapping is. Commissioner Menconi asked if they could phase in the mapping as it is affordable and able to be done. He suggested this would not stimy the Regulations. Mr. Narracci stated it would involve a lot of site checks at the time of building permit. 7 10-08-2002 Commissioner Menconi asked if there is retroactivity, does moving forward cause problems. Mr. Narracci stated it would not be as efficient without the mapping. They would hope to engage a specialist to do the site inspections. Chairman Gallagher asked how many lots they have within the County. Mr. Narracci stated there are about 21,000 for which they would be doing the mapping both in the Towns and unincorporated Eagle County. Chairman Gallagher suggested there would be about 10,000 lots that would have to be mapped in five years. That is 2,000 per year. He suggested one person can not do that, nor could two people in that amount of time. He suggested that is why he is looking at expediting this. He stated GIS already has the grade of the splope and the ability to show piped water as a layer. He suggested some kind of photography would help in discovering species and density. He spoke to updating the map every few years will additional flyovers. Mr. Smith stated photography gives you an overview, but it does not tell about the undergrowth. They have determined that aereal photography does not show the undergrowth. Commissioner Stone suggested those who are missing from this discussion are the Forest Service and the BLM. He stated if they have a high hazard area, mitigating the fire and trying to prevent the fire from burning homes will be relatively ineffective. He stated he is not saying they should not continue doing what they are doing, but all the important parties need to be at the table. They bring the knowledge and the money. He spoke to controlled bums. Unincorporated Eagle County comes up to the Town boundaries. He stated they need to get those other parties at the table. The County should take the lead and go through these Regulations. After doing so, they should present it to the Towns and get them and the Forest Service to come on board. He stated Representative McInnis has a bill he is working hard on to expidite the process. He stated Representative Udalll has a different opinion they both agree that the red zones should be treated. They are in disagreement about how far into the forests to go. He stated that an interagency approach is important to bring them to the table. Chairman Gallagher suggested they are pretty close to having the body of the Regulations in line. How they use it is a subj ect of further discussion. He requested staff prepare a letter to the Towns to give them a heads up and encourage their involvement. Commissioner Stone stated they focus on saving homes and lives but need to recognize the importance of the water sheds. He stated that came to light when looking at the Hayman fire and the Cheeseman Reservoir. Now the Towns water supplies are being threatened. Cliff Simonton, Planner, stated one of the other manpower considerations is what happens after the mapping and after the ordinance. He spoke to the County doing the customize defensible space on a property by property basis. Chairman Gallagher stated the cost of having that service will be born by those requesting the service. He asked if there is concensus among the Commissioners to look at an RFP for mapping. Commissioner Menconi asked if it is better expidited by having an RFQ. He suggested the company involved doing an RFP might have to put together a plan. Commissioner Stone suggested RFPs are more expensive and will require the specifics as to what unit they are going to go out. Chairman Gallagher asked what is the applicability ofthe proposal they are suggesting. He indicated it would be private property in unincorporated Eagle County. Commissioner Menconi stated he would like to approve the Regulations and then move into the difficult problems as they are proposing to live with the regulations and then taking on the mapping. He asked ifthere is a possiblity of moving forward with the Regulation and then taking on the issues they encounter within. Chairman Gallagher stated the reason he believes the map is important. Absent a map there is no enforcing the ordinance. Without the map they will not know the zones. He stated the new buildings they can probably handle. 8 10-08-2002 Commissioner Stone stated he would be against adopting the Regulations without knowing how effective they will be. He thinks the mapping is critical to give them an idea of the size of the problem. He spoke to Singletree not being a big issue. The south side is pretty well not threatened and may be a low hazard area. He then spoke to Bellyache Ridge and that being a high hazard area. He spoke to the Town of Vail being surrounded more by Forest Service. Wildfires don't recognize political boundaries and it really needs to be an interdisiplanary issue. They need to identify what areas are of the greatest risk and those more in need of protection. He spoke to the State coming up with resources to help them map, but that won't happen this year. If they adopt an ordiance, how many homes will it really effect. He asked how many are in a high hazard area. He stated it is good for them to move forward but then they need to discuss the mapping and come up with some sort of unit size. Chairman Gallagher stated he would include all of the private property in unincorporated Eagle County. Commissioner Stone asked about unit size, square miles, individual home sites. He asked what would be a good map for them to start out with. Mr. Smith stated for the Regulation it almost has to be specific to the property. The adjacent properties will have to be included as well. You'll have to focus on the individual lots, but the surrounding area as well. Commissioner Stone spoke to the Red Zone Map and asked how specific it is. Mr. Smith stated it is a variety of overlays showing different features, but it is not that specific. He stated there are very large parameters on that map. Mr. Simonton stated that map shows some things that are from an opposite approach. Chairman Gallagher spoke to camp areas and accesses as well. He asked ifthe fire people present have ideas on specificity. He suggested an acre would be appropriate and thinks that might be an ititial perameter. Mr. Smith stated you wouldn't want to go much larger than an acre. Chairman Gallagher suggested for mapping lines an acre may be acceptable, but for the individual units, that might not be specific enough. Commissioner Stone suggested today they could go through the Regulations and the ordiances. He suggested for the next meeting they could ask the BLM and the Forest Service to participate and bring their information. They could at the same time gather the information from the RFPs and then put together the criteria and understand the costs and timeframe. Chairman Gallagher asked if they are including some information as to how far offthe private property lines they should go. Commissioner Stone spoke to the aereal maps that GIS already has. Then they can compare and identify what they would like to have a company do for them. He stated you go out to the Forest Service boundary as beyond that they do not have much control. That is the importance of incorporating their mapping with our mapping. He asked what the receptiveness of the Towns will be in partnering. Mr. Gulick stated he thinks there will be interest in partnering. They did so with the Pine Beetle problem. There is a map that captures all the pine beetle infestation in the County. Commissioner Stone asked Gem Arnold if she would be willing to go back to her company and suggest the ski areas have to be a player in the mapping. He asked if she can carry the message back to Vail Resorts inviting them to be involved in future discussions. Chairman Gallagher asked if Staff has their direction for the RFQ and the areas they are looking at for the initial mapping. Staff stated they do. Commissioner Menconi stated he would be interested in going through the Regulations. Chairman Gallagher asked about the provisions for alternate plans. He stated that is a possibility as they consider the possibilities. He suggested the resort company could submit an alternative plan as long as it is more stringent that the Regulations they approve. He suggested they begin with the regulations and go through them page by page. He suggested he has comments on page one in the blue 9 10-08-2002 line at the end where it says "District or Town responsible". He suggested changing it from Town to municipality. The second line right below that, "a Town or Special District", should that be a Special District or a Fire District. Ms. Mauriello stated many Special Districts do have the fire protection duties within their service plan as a possibility. She stated they need to be as broad as possible. Chairman Gallagher stated on the third line, it is the County Sheriff not the "Sheriffs Office", or his assignee. Wildfire hazard map, somewhere in there it should say "current". He stated if they are talking about acre detail, do they want to say "site specific". On the third line, the portion that says "wildfire hazard ratings will change over time", should be deleted. It will be a current map. The Board continued to suggest changes. Commissioner Stone suggested they talk about he Ordinance. He asked what they decided to do about the public meetings. Bob Narracci stated the meetings are set for Wednesday, November 13, Friday, November 15, Monday, November 18. Chairman Gallagher stated before those meetings, he would like to have this document completed. He spoke to some of the changes that were not specifically mentioned and asked Staff to review those for consistencies. Commissioner Stone asked about the groups that have proposed they have exemptions for specific subdivisions. Mr. Narracci stated those have not been incorporated but are the back two pages. Chairman Gallagher stated there are two circumstances where they might consider exemptions. One would be where complete buildout has happened and they come up with other measurers. If they are to adopt the ordinance and make these Regulations retroactive across the County, the alternative they might offer would be an alternative to these Regulations by Ordinance. Commissioner Stone asked in both the Land Use Regulations and the Ordinance that there may be exemptions. He asked if it is fair that a large group that is well financed could get an exemption and a small home owner with no financing could not. Chairman Gallagher stated that the protection offered to the home owners must equal or exceed that which is required in the Regulations or the Ordinance. Mr. Narracci stated they developed this with the assistance of Jack Hunn, Scott Hunn, Mike Harvey and Carol Mulson. Together, this is what they developed. Commissioner Stone stated he reads this to say that you may request an exemption if you have a wildfire mitigation plan in place and that the Board can use its discretion in determining the extent of the Regulations. Mr. Narracci asked if they can integrate the exemption into the Regulations. Chairman Gallagher stated yes. He stated he does not find the definitions anywhere in the Regulations. He stated the point system does not appear in the Regulations either. Brian Treu, Assistant County Attorney, stated the point system is in place of the mapping system at this time. This will assist in making site specific determinations. Chaiman Gallagher asked if this is a means by which a homeowner can determine their hazard. Mr. Simonton stated it is the means by which you would determine a wildfire rating. Chairman Gallagher asked if this is specific enough. Mr. Smith stated the fire districts have reviewed this and participated in it inception. Mr. Treu stated he took the definitions from the Building Resolution. Chairman Gallagher stated if this is an appendix to the Land Use Regulations, can they change this without going through the ordinance steps. Ifthey adopt this, is three, four and five years sufficient for the citizen and the people doing the work. Commissioner Stone asked Mr. Treu, in his opinion, ifhe or Ms. Mauriello have had any experience with the adoption of Ordinances and what is the reaction from the public. What kind of law 10 10-08-2002 suits could they face. He stated laws are only as effective as the peoples willingness to abide by them. He suggested the cost of enforcement could be extra-ordinary. Mr. Treu stated they don't have a lot of experience with retro-active ordiances as they don't happen a lot. He spoke to Boulder and the retro-active ordinance on cedar shingles. He suggested the vested land use rights are always subject to change. He stated you do need to sell it to people as there will be a lot of people out of compliance. Commissioner Stone spoke to the potential cost to the effected home owners. He spoke to someone who is 70 years old and on a fixed income not having the money to do the mitigation. He stated it is a real life story they will have in front of them. He referred to the senior tax exemptions. From a general policy standpoint and a public acceptancne standpoint that is where they run into concern. Chairman Gallagher asked for a copy of the fire code. Commissioner Stone gave an example of a historic cabin built in 1892 and he wants to include plumbing, or he has an old house in Fulford he wants to renovate. Now this triggers these Regulations. To tell him he has to sprinkle the house and do various repairs, there would certainly be reason to complain. Chairman Gallagher spoke to the 1997 Uniform Fire Code. He read 1103.2.4, Combustible Vegetation, "cut or uncut weeds, grass, vines or other vegetation shall be removed when determined by the Chief to be a fire hazard. When the Chief determines the total removal of growth is impractical due to size or environmental factors, a fuel break shall be established. Designated areas shall be cleared of combustible vegetation to establish a fuel break." He stated we already have on the books the requirement for all existing properties to comply with the Regulations. He stated they have refined the regulations already in place. He stated it is a matter of enforcing them. Commissioner Stone stated he was talking specifically on the ordinance and going back retro- actively and requiring compliance. He spoke to Anderson Cabin in Bachelor Gulch where they have put in some lights. He stated it happens to sit in a steep gully and he knows that they wouldn't want to have to destroy the historic nature of the cabin to be in compliance. Chairman Gallagher stated he hit upon the meat of the matter from the Ordinance persptective. He stated the part they would make retroactive does not have to be every aspect. He can see making retroactive the defensible zones and the vegitation portions. Commissioner Stone stated there will be discussions and complaints by people who say that is a wonderful old growth forest and because ofthe age ofthe trees people are going to say they should be saved for environmental and esthetic reasons. He stated he is sharing predictions that he knows will come true. He suggested in adopting an Ordinance that they either enforce them strictly or not. Chairman Gallagher stated the subject of the defensible space can be the house and the trees around it. Commissioner Stone spoke to the new fire station in the Squaw Creek Metro District. He spoke to the recommendations of the Forest Service. The builders and developers refused to thin out the trees and were trying to avoid any mitigation. He stated it is beyond him that they would not make the fire station a defensible location. Chairman Gallagher stated he recalls they wanted to maintain the illusion that it is a healthy forest. Commissioner Stone stated he recalls them putting the road in so that they could intentionally hide the fire station. He suggested if they are going to have that discussion on a public building what will they hear on private locations. He stated he believes that it must go out to the community. He stated adoption of the Land Use Regulations will be difficult to achieve and adoption of an Ordinance will be more difficult. If the public decides they don't want it done for their own good then they will have to reconsider their stand. Chairman Gallagher asked Staff to prepare for public hearings, graphic examples of before and 11 10-08-2002 after. He wants them to understand they are not talking about clear cutting. He spoke to less combustuble types of trees. He spoke to showing different grades and different types of vegetation. Commissioner Stone stated he wants to make the same comment as he did about the Land Use Regulations. He spoke to the municipalities and the ordinance not applying to those. He spoke to farms and ranches and the need to identify those. He stated the point being that if they do consider a home that is fuel, there are lots of homes within the Towns that are fuel. He suggested they enter into discussions with the Towns. Ifit is good enough for the County it must be good enough for the Towns. Chairman Gallagher asked they do a letter of invitation to the public hearings in their areas and after that to invite them to a public hearings with this Board. He stated they also want to discuss the linkage housing that is being considered as well. He asked they seek their input. Commissioner Stone stated it is difficult for the Towns and municipalities to get together other than their scheduled meeting days. He stated he would be willing to attend their public meetings. Chairman Gallagher asked for the public hearings that they prepare a one page summary of the Regulations, the back side can be a summary of the Ordinance and a summary of the alternative. Chairman Gallagher asked for public comment. There was none. He closed public comment for this hearing. Commissioner Stone spoke to the pictures in the book of the G1enwood Springs Cold Steam Fire and the ratings of the homes that were destroyed. He questioned the effectiveness of these Wildfire Regulations. Chairman Gallagher asked if they are going to have another hearing on these. Mr. Narracci answered yes, it will be on a special hearing day. Chairman Gallagher suggested he be authorized to go over the amended copy to tweak it a little. Commissioner Stone asked as a point of order, ifthey would not need a further tabling of these to a specific date. Ms. Mauriello stated they should be tabled to a date certain but it doesn't have to be during a specific time. Commissioner Stone asked they pick a date that would be earlier than the Board will be considering these Regulations again. Chairman Gallagher asked if they can have a hearing before the date the Board will hear this matter again. Commissioner Stone asked ifthey can have the public hearings and still not make them part of this noticed meetings. Mr. Narracci stated they were under the impression that these would be community open house meetings with stations and graphics. Chairman Gallagher stated he thought these were opportuntities for the Commissioners to hear the public's input. Commissioner Stone suggested he thought the same as Mr. Narracci and that there is value in educating the citizens. He suggested there is a lot of mis-information out there. He suggested they be a series of workshops for education purposes and the Commissioners mayor may not attend. Ms. Mauriello stated those can be advertised but they should not be for the purpose of taking formal action. Mr. Narracci stated the next available date would be December 17th. The public hearings are set for November 13th, 15th, and 18th. Commissioner Stone moved to table File LUR-42 until December 17,2002 at the request of the applicant. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Menconi was not present at this time. 12 10-08-2002 Chairman Gallagher asked if Staff has ample direction. Mr. Narracci stated he believes they do. Chairman Gallagher stated he would like to review the presentation to the public. There being no further business to be brought before the Board the meeting was adjourned until October 22, 2002. Attest: Clerk to the B 13 10-08-2002