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07.10.13 OSBT Draft minutes June 12, 2013 OPEN SPACE BOARD OF TRUSTEES Minutes Meeting Date June12, 2013 BOARD MEMBERS PRESENT Allyn FeinbergTom IsaacsonShelley DunbarMolly Davis STAFF MEMBERS PRESENT Mike PattonJim ReederEric StoneLaurie Deiter Eric Fairlee Kacey FrenchMike OroselDon D’AmicoLeah CaseMichele Gonzales GUESTS Glenn Magee, Facilities and Asset Management,Architect and Construction Design Manager Susan Richstone, Deputy Director of Community Planning & Sustainability CALL TO ORDER . The meeting was called to order at 6:00p.m AGENDA ITEM 1 –Approval of the Minutes Shelley Dunbar said on page 3, the second sentence of the last paragraphshould read, “Thetax discussion should be on the JuneOSBT agenda.”She said on page 5, the first sentence of the last paragraph should read, “Shelley asked if two hours is the anticipated length of the information session.” Tom Isaacson moved to approvethe minutes from May8, 2013 as amended.Shelley Dunbar seconded. Themotion passed unanimously.Frances Hartogh was not present. AGENDA ITEM 2 –Public Participationfor Items not on the Agenda None AGENDA ITEM 3–Director’s Updates 2012 IPM Annual Report Laurie Deiter and Eric Fairlee,Natural Resource Specialists,gave an update on the 2012 Integrative Pest Management (IPM)Annual Report. Thispresentation is saved in S:OSMP\admin\OSBT\Minutes\Minutes 2013\June. Shelley asked why using goats for pest management on Open Space and Mountain Parks (OSMP)hashad mixed results. Laurie said last year the goats were used for cutting down Cattails,butby the time they were put in the areathe Cattails were taller thanthem(which goats will not go into).She said they expect better results this year as the goatsare already on the land and they are able to move around.Tom asked how conditions today compare to conditions in the past,andif staff feelsthey aremaking headway. Eric said all places and species are different,but having two crews and consistentfunding helps a lot. Allyn Feinberg asked how one disposes of plants that they are irradiating. Eric saidthey wouldhave to bring plantsto approved facilities that followthe appropriatestatelawfor removal. Allyn asked ifhaving more money devotedwould make adifference on the end result. Eric said it would come down to how much can be managed at a time. Mike Patton added it takes a lot to manage a crew,but weed infestation is a huge problemso this may be an areain which more money is allocated. Update on Slacklining, Highlining, Ziplining and Tyrolean Traverses Kacey French, Environmental Planner, gave an updateon slacklining, Highlining, Zipliningand Tyrolean Traverseson OSMP.This memo is saved in S:OSMP\admin\OSBT\Minutes\Minutes 2013\June. Mike AGENDA ITEM 1PAGE 1 noted that Tom Carr, City Attorney,currently has a very full plate, and this project might get pushed down the ladder. Shelley asked if staff has hadany contact with slacklining groups to collaborate on ways that this could be an approved OSMP activity.Kacey said yes, butstaff has beenhesitant to start apublic process without knowingthe Board recommendation.She noted that slackliningwill require some coordinationwith Parks and Recreationas well. Tom saidthis is becoming a popular activity and he likes staff’s approach to this topic. Allyn said staff should ensure they are being as efficient as possible when dealing with the City Attorney Office (CAO).Tom noted thatslacklining does nothave to be between two trees. Kacey said that is correct, and staff will be including all option in their activity assessments. Chautauqua Auditorium Accessible Restrooms Glenn Magee, Facilities and Asset Management Architect and Construction Design Manager, Susan Richstone, Deputy Director of Community Planning & Sustainabilityand Mike Patton,OSMP Director,gave an update on additional restrooms near the Chautauquaauditorium. A slide showing the potential locations is saved in S:OSMP\admin\OSBT\Minutes\Minutes 2013\June. Allyn asked who will maintain these restrooms. Glen said this is not conclusive as of now; but possibly the Colorado Chautauqua Association (CCA)and Parks and Recreation. Shelley asked if adding six restrooms is the target number, or if fewer restrooms could be added with additional stalls. Glen said six is the recommendation from the CCAasthere are limited optionsbased on space,and a larger restroom would be difficultin the area; especially when trying to maintain the historic integrity.Tom asked about the possibility of too much noise from the restrooms. Glen said the outside restrooms should not be a problem; however, restrooms on the inside of the auditorium have apossibility ofexcessnoise. Molly Davis referenced the slide and noted that musicians trying to get around thekioskand a restroom could be difficult. Glen said the non-historic kiosk would be movedso,restroom number 5would stay as open as possible. Tom said options 5and 6seem like the most logicalfrom an Open Space perspective. Allyn agreed that option 5is the most suitable. She said it will be good to havemore restrooms for the highnumber of people whoattendconcerts. Glen said doing something that still fits with the area as a historic landmark is important.Allyn said this is a good project to start OSMP and CCA collaborating. Molly asked if a bathroom could go where the picnic site is. Glen said the picnic area is a great site,but it is not wheelchair accessiblefromtheauditorium. Headded that these restrooms would be in addition to thecurrent restroom locations. AGENDA ITEM 4 –Matters from the Board Shelley said the Board received a letter from aconcerned citizen about horses not being able to cross the cattle guardsbeing put in.Mike saidcattle guards are being put in for the bikers, but staff will be moving the gatesto allowfora safe space/crossing for horses. Jim Reeder said staff is meeting with the horse community soonto discuss this project. Tom said he was very impressed on the trail conditions and accessibility information on the OSMP web site. Mike noted that Google is going to do a street view of several OSMP trails including someof the accessible trails. Tom said he recently hikedthe Marshall MesaTrailsand the conditions were notnearly as alarming as were presented (by the public) at the last meeting. Tom said in the future,whenthe Board isdesignating an area as an HCA, they ought to call itout as a specific decisionversus having it lumped into anothertopic(such as with Joder).Mike said staffwill note this for the future. AGENDA ITEM 1PAGE 2 Tom asked about getting the Board packet out onThursdays. Mike saidthis is a goalthat can be hard to hit, but staff will try for this in the future. Allyn asked about the rumor aboutatrailbeing put inon the east side of Dakota Ridge, and if it will be a no-dog trail. Mike said this does not ring a bell, but he will look into it. Pro Cycle Allyn asked what authority the Open Space Board of Trustees (OSBT)has on adding items as part of the agenda,this race was a topic set to be talked about. She would have liked to have had this discussion. Mike said the Board can always put somethingon the agenda out oftheirown interest, but this was something added by request of the City Manager’s Office (CMO) and answersfrom staffwould have been incomplete if it remained on the June agenda.Mike said if the Board has specifictopics/items regarding the race they can add thosefor the conversation in July.Allyn said commitments made for the race in 2012 were made too early,because of that, it made it hard to back out of anything. Given that the upcoming race is not until 2014,these questions require some better analysis and answers.Allyn said asking whether Summit Road belongs to Open Space needs to be revisited. She saidif it is, there is no way this race can beconsidered an Open Space purpose;it cannotvary the purpose of the charterby passing an ordinance. Mike said Tom Carr has rendered his opinion on this road, but this questioncan be included in the memo.Tom said he agrees with Allyn thatdecisions had been made prior to the questions being answered andshould taketheopportunity to do things in the correct order. AGENDA ITEM 5 –2014-2019 Greenways Capital Improvement Program Tom Isaacsongave an update on the Greenways Program. Allyn said moneyfor restoration/mitigation projects along greenways is not always spent. She said it would be helpful tohave afocusfor what this money is used for. She said the OSBT has tried to keep this in mindwhen making recommendations; to ensure funds are actually getting used. Shelley asked how the focus on location is decided.Allyn saidit is basedmostlyon flood control. Tom said Greenways have massive planning documents and there is a much broader vision about priorities. Public Comment None Return to the Board No further discussion. Motion No motion. AGENDA ITEM 6–Consideration of a recommendation to City Council for Open Space and Mountain Parks funding Mike Orosel, Financial Services Manager, and Mike Patton,OSMP Director,gave a presentation regarding OSMP funding. On April 23, 2013 during a study session to consider potential 2013 ballot items, City Council members discussed the prospect of extending the current 0.33 percent sales tax which is scheduled to sunset at the end of 2018. The discussion came about as a part of a question regarding OSMP’sability to bond for the purchase of property identified in the recently-approved Acquisition Plan. OSMP currently has two sales taxes -0.33 percent and 0.15 percent that sunset at the end of 2018 and 2019 respectively. These two sunsetting taxes represent 55 percent of OSMP total annual sales tax revenue. City Council will take up the issue of potential 2013 ballot measures again on June 18, 2013 and the possibility of extending one of the current Open Space sales taxes will be discussed. It is also possible AGENDA ITEM 1PAGE 3 that council will consider some alternative to either of the existing taxes. As a rule, the City Council solicits and values input from theOSBT. It would be appropriate for the OSBT to consider making a recommendation to City Council regarding the prospect for an additional sales tax measure for voter consideration at the November 2013 municipal election. Memo and spreadsheet are saved in S:OSMP\admin\OSBT\Minutes\Minutes 2013\June. Molly asked if the number for the mineral rightsacquisition was too low. Mike said this came up in the City Council meeting as well and they shared that same concern. Allyn said there was also talk in the council discussion regarding Longs Garden and urban agriculture; she asked if that was something the Board could include into this conversation. Mike said yes, but noted that this is an item that will go to thth council on the 18so,theBoard will see something on Longs Garden most likelyafter the 18. Public Comment RaymondBridge, Boulder, on behalf of PLAN-Boulder County, saidhe recommendsthe OSBT urge City Council to extend the .33percent tax. He said voters prefer to extend an existingtax rather than passing a new one. Historically the .33percent tax was passed in 1989 and when it was renewed in 1997theBoard was convincedfunding was more than adequatefor possible purchases. Later positions had to be eliminated; the .15percent tax was the result of these issues.User demand for new trails, maintenance and enforcementwill require an increase in budget.He said opportunities may arise that are not a partof the vision planbudget;Longs Garden is something the community has assumed would be purchased with Open Space funds, but it is not seen in the Acquisition Plan.He said Open Space needs toobtain mineral rightson all new and existing properties. Linda Andes-Georges, Longmont, on behalf of the Boulder County Audubon Society(BCAS),said in 2003 there was a depression in city financesand the city is facing asimilar situation now. There are precious properties in private hands which she does not want to turn intodevelopmentsor mega mansions. She said it is never a good time to levy more taxes, but the same as in 2003,the city tried and it passed.BCASencourages an extension of the.33percenttax and requestsof council that taxes on ballot bespecific.She said the Open Space program is arguably the most popular,even despite public squabbles. Ruth Wright, Boulder, on behalf of Friends of Boulder Open Space (FOBOS),said shesupportsthe extension ofthe.33percent tax.She said OSMP needsrevenue for more purchases. She said it is worth buying mineral rights, water rights and agriculture. She said Boulder is a growing cityand the urban area is huge. She said to let the citizens decide; putting it on the ballot is a win-win situation. She asked the Board to not recommend combining the tax with transportationbecause having ataxextension and anew taxtogetheris confusingto the public. RichardHarris, Boulder, said he encouragesthe Boardto recommend the extensionof the .33percent tax. He said the community is in a strong position to approve such a measure. He said the economy is getting betterand people are more likely to approve an extensionas theyare already used to this tax. He said this needs to be a dedicated tax extension,without it there would not bemuch of an Open Space. Boulder citizens know what they want for Open Space, and feel stronglyabout dedicated funds. He said to keep the Open Space tax separatefrom others.He said he also supportsexpanding the .15percent tax, but said this could be perceived as a “money grab.” Gwen Dooley, Boulder, said in 1989Boulderpassed the .33percent tax and eightyears later they passed theextension of that tax. It is now 16 yearslater andtime to pass it again. She said she urges theBoard to recommend toCityCouncil that they puton the ballot a 20 year tax extensionofthe .33percent tax,as well as an extension of the .15percenttax. She said as long as theCity of Boulder continues to growand AGENDA ITEM 1PAGE 4 welcomesother users,thecitymust continue the accelerated acquisition efforts. She said Longs Garden is within reach as well,along with theHogue propertyand the Hogan Pancost propertyis also an option. Return to the Board Tom suggested separating the Board recommendationfor whether to have a dedicated tax, and how much the tax should be. The Board agreed. Tom said yes to a dedicated tax. He said there is an enormous value in knowing something about the future revenue stream, and the 20 year time frame seems sensible. Mike said using the 20 year time frame makes the bonding issue easier and theinterest rate is better.Allyn said Frances (who was not present) wanted to note that she supportsthe sales tax extension as well. Shelley asked if there is a target number for the fund balance. Mike Patton said the numbers will depend on the economy and revenue. Mike Orosel said inthe past the Board has given an amount of how much should be in the annual reserve. Shelley asked about purchasing mineral rightsfor properties that are not yet owned by OSMP. She said the Board needs to know more about cost for purchasing mineral rights and the Board has the option of putting an additional tax on the ballot targeting mineral and water rights. Mike said staff is workingwithanattorney who specializes in tracking down mineral rights. Allyn said she supports extending the.33percent tax. She said there is not a good chance of getting council to put both the .15 percent tax and the .33 percent tax on the ballot. People will be looking to Open Space to fund a large number of things such as: operations and maintenancedue tomore users, regional trails, oil and gas, mineral and water rights, and local agriculture. She said the other proposed taxes are not large enough to take care of these things. Tom said the right number is somewhere in between .15and .33.Based on the numbers that staff ranthe .33percent taxseemstoo high and is more than what OSMP is spending currently; hard to justify. Tom said his senseis OSMP isgetting close to being a mature system and will notneed to continue purchasing atcurrentpace.He noted that Open Space is part ofabroader city which has serious human services needs,and he cannotjustify having this funding be specific to Open Space when others need it. He said ideally he would support a tax between .15 and .33, but if choosing betweenthe two he would support the .15percent tax. Shelley said she would support the .15percent taxasit is not realisticto sayOSMP will be able to purchase all of theirwanted properties.She said she is also concerned about jumping ahead of City Councilin the urban agriculture pursuits; she doesnot want to ask for tax payer money without knowing if Open Space will even pursue purchases. Molly said she supportsthe .33percent taxas extendingatax is less confusing, and there are a lot of unknowns about mineral rights. She said she would rather seeOpen Spaceontheupper end and be more comfortable. Allyn read Francescommentsin which said she believes it is important to supportthe .33percent tax in order to fulfill implementation of the Acquisition Plan. She said it is crucial to make this tax a dedicated taxand urges the Board to support the .33 percenttax as a dedicated tax. Motion Tom Isaacson moved the Open Space Board of Trustees recommend that City Council place on the November 2013 ballot a vote for a dedicated 20-year tax extension for the Open Space and Mountain Parks Department. Shelley Dunbar seconded. This motion passed unanimously. Tom Isaacson moved theOpen Space Board of Trustees inform City Council that two members present support extension of the .33 percent tax; two members present support extension of the .15 percent tax; and one member who was absent supports the .33 percent tax extension. Shelley Dunbar seconded. This motion passed unanimously. Frances Hartogh was not present. ADJOURNMENT –The meeting adjourned at9:09p.m. These draft minutes were prepared by Leah Case. AGENDA ITEM 1PAGE 5