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11.13.13 OSBT Draft minutes October 9, 2013 OPEN SPACE BOARD OF TRUSTEES Minutes Meeting Date October 9, 2013 BOARD MEMBERS PRESENT Allyn FeinbergTom IsaacsonShelley DunbarFrances HartoghMolly Davis STAFF MEMBERS PRESENT Jim ReederDean PaschallEric StoneAnnie McFarlandPhillip Yates Andy PelsterJoe RealeDon D’AmicoTodd DohertyDave Kuntz Jennelle Freeston Leah CaseMark Gershman Michele Gonzales CALL TO ORDER . The meeting was called to order at 6:00p.m AGENDA ITEM 1 –Approval of Minutes September 11, 2013 Tom Isaacson said on page 1,the word “would” should be added before “have to be turned off” in line two of the last paragraph.He said on page 2,in the second to last paragraph, “Iron Man”should be “Ironman.” On page 7, the language in the middle of paragraph 3 should read, “andtrying to put an Open Space regulatory system.”He said in line 6 of paragraph 3, “lager”should be changed to “larger.”Frances Hartogh said on page 5, thelanguage in line 7of the second to last paragraph should read, “Frances said the effect on animals of loud noises has been documented in numerous studies, and short-term effects can still be significant.” She said on page 7, in themiddle ofthelast paragraph,the language should read, “She said there is no adequate plan for evacuation. If this movesforward, Open Space needs to be fully reimbursed. She added that last year there were many disappointed people who wanted to hike, and not watch this event. She said she saw significant disturbance to bears.”MollyDavis said on page7,the word “enough” needs to be changed to “more” in the bottom of thelast paragraph. Tom Isaacson moved to approve the minutes from September11, 2013 as amended. Frances Hartogh seconded. This motion passed unanimously. September 25, 2013 Tom said on page 2, the language in the middle of the last paragraphshould read, “Hedoes not feel that the question of the ownership of the road needs to be answered for this purpose.”He said on page 3,the word “conversations” needs to be changed to “options”in the middle of the thirdparagraph.On page 5, the “ADA”acronymneeds to be corrected to, “Americans with Disabilities Act.” He said to remove Dean Paschall from the list of staff members present. Shelley Dunbar said on page 3, the first line of the third paragraph should say “certain types of use.” She said on page 4, the first sentence of thelast paragraph should read, “Shelley questioned whether OSMP has enough staff to manage all of the volunteers.” Frances said on page 3, the language in the middle ofthe second to lastparagraph should read, “Frances said she opposes disposing of the road because that is a slippery slope; every time there is a potential conflict the solution should not be to transfer the land tosomeoneelse.” She said in the last paragraph of page 3,the word “would” should be changed to “should.” Molly said on page 6, the word “fire” should be added before “threat” in thelast paragraph. Tom Isaacson moved to approve the minutes from September25, 2013 as amended. Shelley Dunbar seconded. This motion passed unanimously. AGENDA ITEM 1 PAGE 1 AGENDA ITEM 2 –Public Participationfor Items not on the Agenda Granger Banks, Boulder, said he has had acommercialparagliding operationthrough Open Space and Mountain Parks (OSMP)for several years.He said while there were aspects of the flood that were not preventable; there weremany things that could have been avoided. Right after the flood,OSMP notified all permit holders that Open Space was closed, and to keep watching the Website for updates. He said at one point they visited Wonderland Lake and it was opened. They continued with their paragliding operation, but shortly after this, thearea was closed again.He said it is understandablewhy commercial use is suspended for areas that are crowded, but it does not make sense for areas such as Wonderland Lake.Staff has been unresponsive about when areas will be reopened and no one is accepting offers for volunteers. These areas could be opened much sooner than staff is saying. BasitMustafa, Boulder, said OSMP is not respecting the willand the spiritof the people;the policies and land management is turning Open Space into a wall garden. The governmentlands are for the people and by the people. Open Space continues to acquire land and then close it down. He said there is a broken accountability structure that has been around for many years. The OSMP Board is only representing PLAN-Boulder, a group that represents a very small amount of the population. The City of Boulder has amazingrecreational opportunities and the spirit of Boulder is based upon sustainable recreation. Money should not be used to buy more land when existinglands are not being used for recreation and sustainability. The closing of trailswas appropriate for a few days, but the continuations of closures are examples of the fact that OSMP is a wall garden; the citizens of Boulder want to be in nature. He urged the Board to consider all voters and not just those with the deepest pockets. Bryan Williams, Erie,said it isdepressing not to be able to use Open Space. Hiking is a stress reliefand allows him time to be withhisfamily and friends. This flood has been really difficult for many people, and not being able to hike is how he has been affected. The trails that are open do notconnect toa lot of other trails which makeshiking very limited. He said several people that he knows have been trespassing, and they reported that all of the trails are fine. Any damage that is there made for a more adventurous time. He said he used to be able to run at night, and now even the trails that are open are closed at night; these trails are not any more dangerous now thanthey were before the flood. JorgeLatre,Boulder, said he is a pilot. No one tells him where to fly or where to land.After Sept. 11, the airwayswere closedfor three days, but once theyreopened he was able to resume making his own decisions. He said in addition, he has been walking for 50 years,and no one until now has felt the need to tell him whether he can walk or not. He is confidentin his ability to make decisions. He would appreciate OSMP’s recognitionof that,and his good judgment. Johannes Rudolph, Boulder, said thank you to OSMP for opening what they haveof the trails already.He said his dailyhiking experience is necessaryfor his well being. He encouragedOSMPto keep opening the trails as rapidly as possible. Ben Kadlec, Boulder, said he does not know why trails arestill closed. There have been many times in the middle of winter whentrail conditions are worse thanthey have been during the flood. He said he is capable of determining forhimself when atrail is safe or unsafe. These conditions add a component of adventure which is favored. He does notthinkOSMP needs tomake blanket rulesfor the whole system. Mike Barrow,Lafayette,on behalf of Boulder Mountain Bike Alliance (BMA), said the trails which were built recently did notget hit as hardfrom the floodbecause they were built sustainably.He said everyone needs to learn from this experience;just because this trail has been here a long time does notmean it will hold up. The BMAsent out a call for volunteers,and receivedover 500 responses.Currently, OSMP is the only place where these volunteers can be utilized,asthere is no currentaccess toCountyParks and Open Spaceor to the Forest Service.He said this is the window of opportunity for OSMP to use the help AGENDA ITEM 1 PAGE 2 of this tremendous community. He said the Wilderness Restoration Volunteers (WRV)and BMA have the resources to put on a really great event. He said OSMP is not moving fast enough to get this done. This is the time to take advantage of volunteers because once other areas open,people will disperse for those projects. Wendy Drake, Boulder,said she runs Open Space trails every week. She said the trails are really important as it is a place to practice and a way to be a part of thiscommunity. She said people are responsible for their own actions and can make their own decisions. The Boulder Trail Volunteers have over1000 people willing to come out and work on the trails. She does notthink that the trails need to be closed during this period simultaneously. She said if OSMP’s management teamcannot step up,they need to find someone who can. She thanked OSMP for what they have already opened up. Jay Rawlings,Boulder, said hiking is deeply personal to him, and he wants to be able to introduce his family to what he grew up with. He acknowledgedOSMP for itswork so far, and asked that the rest of the trailsbe openedimmediately or as soon as possible. He said people will not be able to do any more damage than what nature already has. Each individual should be allowed to decide their own level of risk. He suggestedposting the risks asan alternative to keeping the trails closed. There are many people who want to volunteerand this is an opportunityfor OSMP tobuild a bridge with the community. He said people who use the trails at night are more competent and safe than the general userand should be allowed this access. He asked what standard the system needs to beatin order to allow off-trail access. Kevin Bains, Boulder, said OSMP needs to lift the ban on commercial use. He askedthe Board to help save the rest of their season and these businesses.All of the commercial guides who operate on Open Space have a business based on taking private citizens ontopublic land;they do not have Federal Emergency Management Agency (FEMA)assistance.He said allowingthese guides back onto public lands arebringing professionals back towork. All guides are stewards of the land and ambassadors of Boulder; please allow them the opportunity to workbeforetheseason is over. Greg German, Broomfield, said he would like to see the restrictionsliftedon:off-trail access,nighttime access and commercial use. Mark Oveson,on behalf of the Flatirons Climbing Council (FCC),said this groups actsasaninterface between OSMP andtheclimbing community. He said the memo OSMP sent out regarding flood closures reported thatvery few people have been calling about the nighttime closures. He beggedthat their patience not be interpreted as not caring.He said it has been fourweeks sincetheend of floodingand climbing areas are still restricted.The FCC contacted OSMP immediatelyafter the flood, and hasjust recently been granted ameeting so that training can begin;he requested that things move faster in the future. He askedthat OSMPrecognize FCC’smission and please consult them in the future when thinking about closingclimbing areas.He noted that Rocky Mountain National Park (RMNP) was closed for a few days, but when they re-opened they opened their whole system and posted signs with potential risks. This is what Open Space should have done. Mark McIntyre, Boulder,said herecently wrote a letter to the Daily Cameraabout where the Open Space department was deficient. After watching the OSMP staff presentationat the City Council meeting,he realized he had been naïve. Rather than a deficiency he realizedthe departmenthas astrategy. He said OSMP is using thiscrisis to further theirgoal of rerouting trails and changing accesspolicies. At the City Council meeting, staff’s presentation was preceded by other departmentpresentations,and the contrast was striking on two fronts:money and activity. He said it was presented that the cost to rebuild dirt trails is more expensive than the repair of all city streets.OSMP’s goal is to have only 50%of trailsopen by Jan.1,2014and some trails may never open again.He said staff is dramatizingthe damage in order to maximize FEMAfunds. He asked the Board to request council to stop these delays. The land should be AGENDA ITEM 1 PAGE 3 signed with “use at your own risk” language, and have any truly dangerous areasflagged. The OSMP department needs to be held to a high standard. Jason Markel, Boulder,said the day that Wonderland Lake was opened he took a group up there to paraglide. Thetrails are in excellent shape and it is unclear why they are closed again. He said he is the project lead for Donate Boulder and the Mud Slingers; these groups have hundreds of volunteers.These groups have helped a lotwith flood recovery,and OMSP needs to take advantage of them.He said a higher number of people need to be utilized and they should be working on more substantialprojects. OSMP needs to reconsider their effortsbecause if volunteers were used appropriately timelines could be bumped up Bob Manthy, Boulder, on behalf of the Boulder Trail Runners,said they are trying to be patient and understanding. He said two weeks agoheheardhow many people wereoffering to help, and still there are no real volunteer projects going on. OSMP needs to use the large populationof people whowant to be involved; this would have a positive impact onthe attitude of the recreation community. He said thank- you to the Board for listening attentively. Chris Ratay, Boulder, said thank you to the Board for listening to all speakers. Lately, there has been a lot of frustrationby those willing to help with no response from OSMP. He said he just recently moved into a house close to Open Space in order to be close to the paraglidelaunch site.With this area closed, people have to travel far distances just to be able to fly; this is not sustainable and goes against the Boulder way. Everyone is willing to help get the system open again, and it would be unfortunate not to tap into the currently available resource. Jamie Mieras, Boulder, said she was a Junior Ranger and every summer they worked on the trails while they were still open; she wanted to note that is a possibility. AGENDA ITEM 3 –Director’s Updates Update on Flood Impacts to OSMP Andy Pelster, Land and Facilities Operations Supervisor;Todd Doherty, WaterResources Administrator; Don D’Amico, Ecological Systems Supervisor; Annie McFarland, Visitor Access Coordinator; Jennelle Freeston, Volunteer Coordinator; Joe Reale, Ranger Supervisor;and Mark Gershman, Planning Supervisor,gave updatesto the Board on flood damage throughout the OSMP system. All presentations are saved in S:OSMP\admin\OSBT\Minutes\Minutes 2013\October. Frances asked how many people Andy has in his work group. Andy said 10. Frances asked Todd ife-coli area risk to animals. Todd saidhe said he has not heard of that risk in Boulder as it is higher in the watershed. Shelley asked if there is a strategy for gettingthe water back to its originalcourse. Todd said this will be handled on a case by case basis; there will be a team put together to look at long-term fixes. Molly askedif using volunteers to dig out sediment is a useful project. Todd saidthis has only taken place ononerecent projectat Silver Lake Ditch, but was appreciated by the neighbors of thatarea. Shelley asked Don how the cost estimate is determined.Don said OSMP is still going though the FEMA process, so the cost estimate will not necessarily be a direct cost to the city. He said staff will continue to work with ditch companies where infrastructure has been impactedas well ascontinue writing grants. Tom asked Annie what the planisforopening the Cottonwood Trail. Annie said staff needs to coordinate with Greenwaysand then it can be opened.Tom askedwhatstaff’s standard is for safe. Annie said a few factors that deem an area unsafeare:fissures that could cause future hazards,bridges that are out, areas where staff would like to make a more defined path (need for fencing, flagging, etc), and largeholesthat need filling. Shelley asked how many trailheads will be open for access and how many will be open just AGENDA ITEM 1 PAGE 4 for staging of equipment.Annie said all trailheads that are currently open, are open for access. She said South Mesa Trailhead is the only area thatwill be opened solely for staging; currently there are no opened trails which lead out of that trailhead. Shelley asked if work can happen whileatrail is open. Annie said each area will have adifferent scenario. Frances asked why some trails may never be reopened. Annie said in some areas staff is unsure of asolutionat this time.Molly askedfor clarification on the difference between opening trails and opening them up to OSMP standard. Annie said the trails that have been opened,were opened quickly (by eliminatinghigh risk areas/obstacles), but staff will most likely revisit areas tofixthemata higher standard. Tom asked Jennelle how many people have participated in hands-on projects. Jennelle said roughly 200. Shelley asked what the biggest challenge is for getting more projects going. Jennelle said trails and field staffsweretied up with opening a high volume of trails quickly, but now that the process is slowing down thesestaff members will have more time to help with projects. Shelley asked if more staff members are needed to help with projects. Jennelle said there areroughly 40 staff members who work with volunteers, so once a project is given the green light OSMP has the staff to take on the project. Shelley saidOSMP should try to usegroups withexperienced leadership, such as BMA or WRV.Jennelle saidstaff willbe meeting with these other agencies about long term goals andways in which those skills can beutilized. Molly asked if staff hasto conform to FEMA.Jennellesaid yes, there is a template for the City Attorney Office (CAO)that needs to be completed, all participants sign a risk and release, and all time has to be tracked closely.After the projectis completed,all forms are sent totheCAO. Allyn said being able to use volunteer hours towards FEMA is really great. Frances asked if the public is aware that the CAO in charge of coordinating volunteers. Jennelle said yes this has been postedon the Website. Tom askedJoeif OSMP hasthe authority to make people pay for theirownrescue. Joe said no, and that is the way it should be. He said you do notwant people to hesitate to call.If they are in a closure then they will be issued a summons. Frances asked how wellthe public is being educated of the risks.The trails that are open are available to all people, and not just those that are young and agile. Joe said the message is out there, and people are aware of the risks. He noted that the majority of people are following the rules;however,with such a high volume of people it only takes a small percent to breaktherules and put themselves and others at risk. Frances said to Mark that the city must operate exactly to FEMA standard or they do not get the 75%. Mark saidthat is correct, and noted that the state hasalsooffered to contribute 12%.The city manager’s approachhas been for departments to make all reasonable effortsto get anyreimbursement. Public Meetings Dean Paschall said the city will be hostinga series of neighborhood open houses forflood recovery, and OSMP has beenasked to host one specific toOpen Space.JimReeder said the city manager would like the Board’s input on how to move forward.Shelley said there is a lot of merit in having an open house. Allynsaid it seems that there is not just pent up frustration butmissing information; this open house should take placesooner rather than later. Shelley added that thefrustrationlevel will just get more intense.Frances said there is value tohaving this meeting within the next week; staff could provide a short version of tonight’s meeting. She said people need to understand why these trails are still closed. Shelley said those that would not think to come toanOSBT meeting might be inclined to come to an open house. Open Space Access During Flood Recovery Eric Stone, Resource Systems Division Manager, gave a briefupdate on Open Space access. This memo is saved in S:OSMP\admin\OSBT\Memos\Memos 2013\October. AGENDA ITEM 1 PAGE 5 Tom said commercial use should be allowed on all trails that are open. Eric said this program was suspended because right after the flood there was very little access for the public; allowing commercial users would create too much congestion. Eric said it is important fortheresidents ofBoulder to have trails to walk on. He said at some point more trails would be open and this could be discussedagain. Tom said that point has been reached. Shelley agreed; this is about people’s livelihood. She said guides are all safe andtheyhave insurance. Eric said there are only so many climbs and trails openso there is too much potential for congestion and dangerous situations. Tom said these guides are veryexperienced and having themout there makes the system safer. Shelley said if there are damaged trails that lead toclimbing access,the climbing community would be able tohelp.Eric said volunteers are being trained to help with trail assessment. Allyn said the paraglidersare only in one location. Eric agreed, but that area is still an active slide area. Shelley saidmaybe this group could be granted a special permit, or signa waiver saying they will operate at their own risk. She asked if the trail to the launch site wasreopened,along with commercial use,ifthese groups could resume activity. Annie said she does not know when this area will open, but ithas been included as a trail to be assessed by FCC and Rocky Mountain Rescue (RMR). Frances asked how it is decided whether an area is safe or not. Eric said OSMP will be working with a geologist to assess the area. Frances asked if thereis another place where paragliding could take place. Eric said this is the only place they can fly. Shelley asked if OSMP could mimic RMNPby opening up certain areas and posting the risks.Eric said this has been part ofthediscussion. Tom said if a trail is being actively worked on it is appropriate to remain closed, but the goal of only 50%opened by Jan.1 is not high enough. The public paid for the system and have charter rights to use. Shelley saidareas should be opened with the risks posted on signs; staffowesit to the publicto listen towhat they are saying. Eric said there are some trails in good condition,but the access trails are still damaged. Allynsaid shewould defer to people who evaluatethis situation with understanding that they would like to open as many trails as they can. She agreed that 50% does notseem satisfactory. Frances said this needs to happen safely, and if the system is not in a place to open then it should not be opened. Jim said it is likely that staff will exceed the goal of 50%.Allyn said staff can be more ambitious especially with the help of so many volunteers. Staff should try to accommodate commercial use as quicklyas possible.Shelley said an idea for the open housewould be to have people sign up for how they would prioritizethe opening of trails. Molly said it would be reasonable to sign multi-use trails with why trails are closed. Shelley said staff needs to have a dialoguewith paraglidersto know where the hazards are. Annie said generally there is atrailthatleads to the launch site;it will justbe amatter of deciding if this trail is open.The Board said they recommend opening commercial use to all areas where trails are open. Frances asked how nighttime use is defined. Eric said when headlights need to be used. Frances asked if nighttime users have been ticketed. Joe said no. Eric said most people are respecting this restriction. Frances asked if someone is on a run at 5:30 a.m. if that is considered nighttime use. Eric said yes.Tom said withwinter coming,the nighttime closure is a bigger deal. Shelley said fortrails that are in good condition, staff should go back to business as usual. Frances said if people are running onthese conditions at night there will be injuries; this is a risk to both the user and those rescuing. Tom said he is against this as a fair portion of Greenways are on Open Spaceand they should not be closed at night. Update on McClintock Trail Area Dog Closure The Board has read this memo and has no further discussion. E-Bikes Dean asked the Board to review the staff recommendation for e-bikes in the council memo.Allyn said it will be difficult for this pilot project to take place when Open Spacepaths are excluded.Shelley asked if there is any exception to this. Dean said operation of amotor vehicle is counter to the charter. There is no way to accept motor vehicles on Open Space. Allyn said disposing Open Space is a big deal. It is worth AGENDA ITEM 1 PAGE 6 havingpublic input and to dothedisposal appropriately. Dean said staff can evaluate which trails would be included in disposal. Allynsaid it needs to be made clear that along with soft surface trails there are some hard surface trails that would be part of pilot program. Dean said apossible change of language could be that use of e-bikes isprohibited on OSMP property. He noted that at National Oceanicand Atmospheric Administration (NOAA)/National Institute of Standards and Technology (NIST)there is a Conservation Easement (CE), OSMP has responsibility of management in protective areas but bike paths are viewed as transportation. Allyn said atransfer inside the city is still considered a disposal of Open Space; once given away they can do whatever they want with it. ERTL/Flagstaff Jim Reeder asked the Board for a recommendation on an Xcel exposed high pressure natural gas line that serves the Flagstaff House Restaurant. The county said they need to move this and put itontoOpen Space. Jimsaid the Board needsto approve a non-exclusive revocable licenseand make a recommendation. He said after Flagstaff Road is rebuilt it will be up to OSMP and Xcel to decide whether this pipe gets moved back under the road, or stays on Open Space. If they donot move it back they will need an easement. Frances asked how far onto Open Space would they move this. Jim said he is unsure. Shelley asked if this poses acurrent safety issue. Jim said yes. Allyn Feinberg moved the Open Space Board of Trustees recommend that Open Space and Mountain Parks grantanon-exclusive license toXcel Energy to relocate the pipeline for some period of time. The OSBT recommendsthat when Xcelfindsa permanent location,if at all possible, it be inthe road and not on Open Space. Shelley Dunbar seconded. This motion passed unanimously. AGENDA ITEM 4 –Matters from the Board None. ADJOURNMENT –The meeting adjourned at10:30p.m. These draft minutes were prepared by Leah Case. AGENDA ITEM 1 PAGE 7