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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 04/18/2018Page 1 of 7 NRAB – April 18, 2018 NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING MINUTES 222 LaPorte Avenue, Fort Collins April 18, 2018 – 6:00 PM BOARD MEMBERS PRESENT: Nancy DuTeau – Chair, 2018 Elizabeth Hudetz (arrival 6:10 PM) Drew Derderdian Luke Caldwell – Co-Chair, 2018 (departure 6:27 PM; second arrival 7:48 PM) Danielle Buttke Jay Adams Barry Noon (departure 8:58 PM) Bob Mann BOARD MEMBERS ABSENT: Ling Wang STAFF PRESENT: Lindsay Ex, Environmental Program Manager – Staff Liaison GUESTS & PRESENTERS: Matt Parker – Natural Areas Crew Chief Daylan Figgs – Natural Areas Program Manager David Tweedale –Land Conservation & Stewardship Board Alan Braslau – Energy Board Karen Artell – Air Quality Advisory Board Nick Stevens – CSU student Michael Doyle – Warner College student Emily Niedenbremer – CSU student Tyler Pastor – CSU student I. CALL MEETING TO ORDER: At 6:01 PM the meeting was called to order by Nancy DuTeau. II. PUBLIC COMMENT: Members of the Public (listed above) introduced themselves. There were no public comments. III. APPROVAL OF MINUTES: Initial discussion re a few updates to the March 2018 Natural Resources Advisory Board (“NRAB”) draft meeting minutes. Barry Noon made a motion to approve, as amended, the March 2018 minutes; seconded by Bob Mann. The Vote Passed unanimously. IV. WEST NILE VIRUS MANAGEMENT POLICY RESPONSE: Matt Parker, Natural Areas Resource Management Crew Chief – City of Fort Collins (“City”), presented to the NRAB updates on the West Nile Virus Management Policy Response. He requests a recommendation from the NRAB members to set the Vector Index level to .50 (from current .75) and remove the “Human Case” Requirement. He said that, in turn, it is anticipated that these policy changes would reduce the amount of ingredients insecticide sprayed into the atmosphere. In response to Barry Noon, Matt explained that the Vector Index measures specific species of mosquitoes that carry the West Nile Virus (“WNV”) and the Infection Rate in an area in with a minimum of five traps. Jay Adams inquired about the method for identifying new species and Matt replied that the mosquito traps provide this information. Page 2 of 7 NRAB – April 18, 2018 Matt continued by asserting that WNV is here to stay. He stated that the program focus is on “larval management” as evidenced by the fact that roughly two-thirds (2/3) of their budget is aimed at that activity. Gravid and CDC light traps are the primary tools. Matt, in reply to Danielle Buttke, said the city uses more light traps than gravid (10) overall. The Program’s Public Outreach and Education efforts are multi-dimensional. Platforms include Printed Media and Social Media, which uses, for example,such as NextDoor.com. Risk and GIS-based Maps are helpful in this regard. In regards to the population areas of focus, there is an effort to apprise groups such as softball players, river recreation enthusiasts and the homeless. Particularly useful are the “Skeeter Meter” kiosks. Sixteen (16) kiosks have, besides increasing awareness of mosquito dangers, dispensed over 4,000 wipes which that contain mosquito repellant. Matt said that personal responsibility is the best defense with this problem. Ryan said that over-the-counter products with DEET, such as “OFF,” are effective. Some of the action items he discussed were source reduction, inspections, and mosquito traps. He noted that only two (2) speciestypes of mosquitoes carry WNV in Larimer County. He also pointed out that CSU tests mosquito pools for virus and calculates the Vector Index. He continued by explaining that the Larimer County Department of Health and Environment sprays for mosquito control in areas the shape of a using polygon (polygon approach) when the Vector Index indicates alert levels. He said that mitigation focus is on shallow bodies of water versus river areas. The West Nile Virus Technical Advisory Committee (“TAC”) of the City begins the meetings in the autumn for reviewing prior year effectiveness and creating the following year’s action plans. Currently, ten (10) city- appointed experts provide technical expertise and make recommendations regarding WNV policies. The TAC improvement process has led to the increase the larval control perimeter, modify the surveillance season and enhance the public outreach activities. They are also keeping in mind organic agriculture concerns of residents. He continued that the TAC currently has no consensus on the Vector Index threshold level (the current discussion has varied from .33 to 1.) and no consensus on the “human case” requirement. Some TAC members feel that Fort Collins area residents appear to more aware of the risks, the residents could possibly withstand a higher Vector index threshold. Nancy Duteau added that the NRAB would like to have a team member represent the NRAB at the TAC meetings. Some purposes of the groups overlap and there is some expertise in the area that the NRAB would like to share with the TAC. Matt says that WNV impacts may be underreported because about 80% may experience no symptoms, 20% experience fever and, 1% experience the serious medical conditions of meningitis or encephalitis which are serious medical conditions. Some effects are delayed such as kidney disease, which can show up four (4) to nine (9) years later, and neurological effects which show impacts in one (1) to three (3) years. While Matt said that WNV cases varies per year, Nancy Duteau and Danielle Buttke offered that Colorado experienced thirty-six (36) total WNV cases. In addition, Larimer and Weld County had higher levels than other counties. Luke Caldwell, repeating Matt‘s earlier comment, said that the “lag time” in waiting for human cases to occur presents a problem where the focus should be on early detection. This “lag time” element represents contention in the “Human Case” requirement. Danielle was also interested to explore whether there were Bird Surveillance monitoring activities. Matt said that an observation is that in “dry years” birds tend to congregate near water attracting the mosquitoes. This may be a point of early intervention. Danielle is enthusiastic about bird communities predicting WNV riskenhanced (and reliably predictive) Bird surveillance activity. Discussion ensued by Matt and the NRAB members, especially Barry Noon, analyzing the elements of the formula to calculate the Vector Index. The minimum number of traps to produce a reliable number is five (5). They discussed some components (abundance, population size and prevalence) of average density and Page 3 of 7 NRAB – April 18, 2018 estimated infection rate. Barry Noon would like the temporal trend to be teased apart by separating analysis of the abundance and prevalence to better understand how climate change may be impacting these trends. Barry Noon transitioned to discussing climate change effects. Specifically, how it is causing the WNV problem to move to the northern continental zones, “host environments” where there is no resistance history. The program, in conjunction with its contractor and the Centers for Disease Control, also conducts resistance testing. Elizabeth Hudetz shared a personal experience where private mosquito spraying occurred (in her neighborhood) and within hours, she observed bees and dragonflies die. Discussion ensued about spraying during the time that bees typically head into the hives. Nancy DuTeau added that private spraying occurs with individual property owners and HOA’s (Homeowners Associations) as well. Elizabeth Hudetz was concerned that “private-owners spraying” would have the effect of complicating analysis (Vector Index) by the City on the effectiveness of their own mitigation efforts. Matt replied that contractors for private-HOA spraying are often the same used by the City and that enhanced coordination occurs. Of importance, said Nancy DuTeau, is to remember that some private spraying is targeting nuisance mosquitoes not just targeting the ones carrying WNV. Matt provided the NRAB with an illustration of historical average Vector Index levels, provided information on the numbers of years applications have been made (about half the years), and showed that a higher Vector Index level is associated with larger treatment areas, and therefore higher amounts of pesticide use. Matt iterated that the Department is aggressive in larval management with constant evaluation and improvement. Especially helpful is the community use of the telephone alert system allowing the contractor to address and target problems promptly. Danielle Buttke discussed that the scientific data appears conflicting. She mentioned that she had concerns about adulticide (Note: Adulticide is pesticide use to kill adult mosquitoes. Organic and synthetic examples might include malathion, naled, prallethrin, etofenprox, pyrethrins, permethrin, resmethrin, and sumethrin). While not favoring adulticide, she did recognize that it is important to address community concerns. She explained that, in Washington DC, there is no adulticide and the corresponding data shows that there was no increase in WNV. Overall, Danielle seems to favor not changing the Vector Index but removing the human case requirement in order to reduce incidence of using chemical mitigation. She is more amenable to focusing in Larvicide, which is in line with current policy. She also discussed the Vector Index versus other observation tools. Convinced by Danielle Buttke’s arguments, Bob Mann agrees in resistance to any pesticide application. Danielle mentioned a new Chief Entomologist who also may disfavor use of pesticide in mitigation. She added that high abundance counts (which should be separated from positive pools) may not correlate to high risk depending on other factors, and some do not even use the Vector Index. Jay Adams wanted to know what typical citizens could do proactively. Matt said that sharing information to with your family, friends and neighbors is a good start to increase awareness. Wearing protective clothing is effective and, in addition, over-the-counter repellant is effective. In summary, the Board commented that the City’s West Nile Virus program should address resistance, provide guidelines for spraying in the private sector by time of day, reassess the NRAB representation on the TAC, look at the year-over-year temporal and spatial patterns, and identify how to leverage bird data in their recommendations. Discussion was complete and the NRAB members moved to act on the recommendation requested. Danielle Buttke made a motion to remove the Human Case requirement for mitigation. Barry Noon seconded. The Vote passed unanimously. There was no action on the request to change the Vector Index from .75 to .50. Page 4 of 7 NRAB – April 18, 2018 V. MOUNTAINS TO PLAINS – ENERGY BY DESIGN: Daylan Figgs, Natural Areas Environmental Program Manager – City of Fort Collins, joined the NRAB meeting for an update and discussion about the City’s plans for the Soapstone Prairie Natural Area (“Soapstone”) and Meadow Springs Ranch Regional Conservation Area (“Meadow Springs”). In this general area and to the west is the Red Mountain Open space area. These areas are located to the Northeast of Fort Collins and the City owns the land. The ultimate City concern (driven by the Water Board) is the easement for the transmission lines through the property. Before diving into the details of his presentation, he did want to iterate that Colorado separates the surface ownership of land versus the mineral rights and that access to these rights, requires the ability to excavatewhich occurs below the landsurface. When ownership of the land and mineral rights are help by different entities Tthe ownership is considered “severed”. Just north of the Colorado–Wyoming border, there is a wind farm construction project (14,000 ac. / 75 wind turbines) called Round House Renewable Energy. The project will sell its output to Platte River Power Authority, which provides energy to Larimer County municipal areas. The specific issue facing the Department is the easement location for the transmission power lines, which will run through the Meadow Springs area. He said that this has been a highly collaborative process engaging many viewpoints. Daylan stated that the Department goals are to Avoid, Minimize, Restore, and Offset the impact of energy development across the area to achieve a Net-Zero Impact. Daylan says that the Department is concerned about the biological, cultural and scenic resources of the area relating to sensitivity, restoration and replacement. Daylan showed the NRAB members a map that is a tool used to analyze and preserve the scenic recreation values (views) across the discussion area. It was a visual delineation showing areas that are (and are not) preferred for surface occupancy. The driving force is the costs to mitigate impacts in different surface areas. He mentioned that the wind farm is located in the “view-shed” also. One goal is to reduce fragmentation of the area, which can affect animal populations and movement across the landscape. An example of an existing fragmentation is Highway I-25. The proposed transmission line will be another fragmentation and the idea is to “bunch up” the fragmenting features that occur within this area. In addition to visual preservation and fragmentation issues, they consider birds, rare plants/vegetation, and cultural resources. Barry Noon and Danielle Buttke were particularly interested in bird agitation. Some animals mentioned for impacts during the conversation were Bats, Raptors, Eagles, and Ravens. Daylan said 9-10 miles of line is anticipated (shorter if going through the middle of the area, which is not preferred) and Barry Noon confirmed that there was adequate “Avian Spacing” inherent to the design. Along these thoughts, Elizabeth Hudetz asked whether underground lines were feasible. Daylan replied that the cost is prohibitive and would cut-into the goal of providing affordable, renewable energy. Elizabeth Hudetz wanted to know why the Department collaborates with the Oil and Gas companies in this renewable energy issue. Daylan answered that they borrowed the framework (planning document) of the analysis from the oil and gas industry, which frequently addresses the same issues. Nancy DuTeau mentioned that she reviewed a 2013 “Best Practices” report focusing on the Oil and Gas industry addressing these issues. Daylan added that the team is planning a new (similar) document, pulling out the pertinent aspects, but updated with the renewable energy issues, thereby deleting the “Oil and Gas Specific” sections of that prior document. The discussion was complete and Nancy DuTeau thanked Daylan Figgs for his time. VI. CITY PLAN DISCUSSION: Ryan Mounce, City Planner – City of Fort Collins and Rebecca Everette, Sr. Environmental Planner – City of Fort Collins met with the NRAB to discuss the New Fort Collins City Plan (Master Plan for the Community). The Department is working on the updated City Plan, which kicked off in February 2018. This plan Page 5 of 7 NRAB – April 18, 2018 encompasses a ten to twenty (10 – 20) year outlook with a forward-thinking community vision and strategy. The plan is now in the “Vision Phase,” transitioning to the “Scenario Phase”, then, toward the end of 2018, a draft of the plan and policies. Spring of 2019 is the target adoption date. A, this equates to a total of fourteen (14) to sixteen- (16) month process. Ryan talked about several trends for consideration as the community fashions the new City Plan. Examples of those current trends are an increase in population, affordable renewable energy, mass transit (MAX) upgrades, and the emergence of electric and autonomous vehicles. He wanted the NRAB members to know is that in creating the new vision they anticipate the possibility of unforeseeable events and technologies. He further said that some of the areas requiring in-depth deliberations are Affordable Housing, Climate, Community Transit, Congestion, and Land Use. Ryan discussed some of the concern areas requiring significant and thoughtful formulation. The community profile is changing. For example, in addition to an incredible population increase (current pop. 107,000), the residents are aging, are more diverse (race, income, culture, education-levels, etc.), and have fewer children. Modest inventory of vacant land and vacant lands, which are outside the utility grid restrain development. Housing access is concerning because median incomes cannot afford homes. In short, Fort Collins has created jobs but has not planned well for consequent housing access. Transportation and mobility is a multifaceted issue. The MAX system has increased transportation opportunities. The community needs to consider the impacts of single rider vehicles, bikes and the types of commuting within the City and from/to the City for the future. There has been a trend away from single occupancy vehicles. Climate changes and emissions targets are important discussions as well in formulating this vision for the City. Tagging onto the transportation issue, Elizabeth Hudetz wanted to see numbers or reports on where people travel, how and when they travel. Is that travel for work, recreation or another reason? Ryan said there was a Travel survey conducted to better access those issues. She also said that “school choice” has affected school buses because they are all designated for a certain area, and with students traveling outside their school zone, buses become ill utilized. Nancy DuTeau wanted to understand the Employment Land Use issue. Ryan said that zoning could have primary and secondary uses. For example, the “Harmony” corridor is primarily “employment” type development. Residential has been the focus recently, putting a strain on available “employment” zones. There ensued discussion re the northeast area near Anheuser-Busch. The biggest issue with development in the area is water (utilities) access. Luke Caldwell opined that Affordable Housing is the key. He thought that with the new MAX transit, that area could be a high-density residential corridor. Rebecca Everette added that there is a myriad of alternatives for housing considerations. For example, city/federal funds, tax credits and private financing. Ryan mentioned there is a trend toward multi-family construction. Jay Adams added that the southwest area seems to be growing residential areas with apartments and condominiums. Ryan continued, pointing out that the employment trend for the future is important. Frequent queries are whether Fort Collins is “over-retailed”. Also, what types of industries do we want to attract and what partner industries do they require? Ryan noted that the transportation infrastructure of the City is of concern too because freight trucks need sturdy roads and bridges. Elizabeth Hudetz listed some trending housing options she would like addressed. She mentioned things like tiny homes, Eco-districts, mixed developments and intentional community planning. Danielle Buttke sustained the course by describing Dutch community planning that, in turn, drove the community values. She also noted that funds allocations originate from community values. Rebecca added that short-term and long-term effects of allocations need to be addressed along with those determinations. Additionally, she advocated for bikes and mass transit systems inherent to the plans. Ryan said that politics could be a factor in many of these decisions as well. Page 6 of 7 NRAB – April 18, 2018 Ryan Mounce, Barry Noon and Elizabeth Hudetz had a lively discussion about the various opportunities for the community to get involved in creating this plan. Non-profit input, community workshops, community ambassadors, and interactive web sites are only a few of the activities planned to gather input from community members. Ryan said that at the website for City Planning, there is a list of events and activities for community involvement. Ryan said that notably engaged to the process is CSU Leadership, Faculty, Staff and Students. Upon completion of this discussion, Nancy DuTeau thanked him for his updates and, thereafter, Ryan Mounce exited. Rebecca Everette stayed for the following discussion. VII. OIL & GAS REGULATIONS RECOMMENDATION DRAFT Last month Rebecca Everette, Sr. Environmental Planner – City of Fort Collins asked the NRAB for a recommendation for proposed Land use changes such as 1. Increased the buffer for Residential Development to 500 ft. (from 350 ft.), 2. The buffer for High Occupancy Residential Buildings to 1,000 ft., 3. Reduce the buffer on Permanently Abandoned wells to 150 ft. (giving Developers incentives with additional land availability), 4. Notice to future property owners via the property title search system, and 5. Enhanced Code Definitions. There is a scheduled discussion on these items in a Planning and Zoning meeting Thursday, April 19, 2018. Nancy DuTeau said that the NRAB members wanted to specify that the measurement from existing wells for “new development” should begin at the property line instead of the building. This was important in the case of parking lots and playgrounds. The NRAB also wanted to proscribe a way to determine a responsible party for well seal failures. There ensued some discussion on the different government agencies, oversight and responsibilities for development codes, rules and regulations. For example dormant, functioning, and new wells all acquiesce to various and different levels of government (Federal, State, Ccounty and City) depending on the particular property and well characteristics. The recommendation requested today is quite narrow. Rebecca Everette explained that operator agreements could address liability for new wells, but that is not this evening’s issue. The instant issue is for the City and use Code changes to match the State regulations on Land Developers not Oil and Gas companies. Upon request, Rebecca defined “occupied building” under the codes to mean residential, office/retail, and schools. Places like storage facilities are not included. She mentioned that there are ten (10) active and three (3) producing wells in Fort Collins. Elizabeth Hudetz resumed her espousal for the highest buffer zone possible in all scenarios (2,500 ft.). One matter driving her advocacy is fear of increased illness (cancer rates) near wells. Also, she expressed much concern that there are not nearly enough inspectors for the high number of wells and that concrete seals on wells are expensive but not permanent solutions and will, at some point, crack. Lawsuits brought by citizens and municipalities against oil and gas companies encourage Elizabeth. Nancy DuTeau added that wind patterns affect the ozone by wells located outside the county from drifting pollutants from neighboring communities with more dense oil and gas operations. Danielle Buttke said that Alzheimer’s is now linked to pollutants. There was agreement among NRAB members that the trend is going toward tougher regulations on oil and gas development. Barry Noon wanted to add Bond Requirements on Developers for potential failures and incidents at abandoned wells. Discussion ensued that the measurements of buffer distances start at the property line. Nancy DuTeau focused the discussion on tonight’s requirement of a recommendation for the Planning and Zoning meeting tomorrow for the specific request. The NRAB will continue to work on the formal memo (via email) for City Council recommendations due mid-May. Elizabeth Hudetz made a motion that buffer measurements should begin at the edge of playgrounds and parking lots, not at the building/structure and that . The cityFort Collins should changes its buffer measurement. Additionally, include annual third-party monitoring and require developer bond requirements for failures. Luke Caldwell seconded this motion. The Vote Passed unanimously. Page 7 of 7 NRAB – April 18, 2018 Nancy DuTeau thanked Rebecca for her time. Rebecca Everette also thanked the NRAB for their patience with the technicality of the issues. VIII. UPDATES AND ANNOUNCEMENTS • Elizabeth Hudetz was enthusiastic about an event this Sunday (April 22) for Earth Day with Colorado Rising and Fort Collins City Plan Ambassador Program. Scheduled discussion about the 2,500-ft. set-back initiative for Oil & Gas development. Avogadro’s Number from 2-5 PM. • Bob Mann attended the Wasteshed Advisory meeting last month and after recounting the highlights, he noticed that he needed to re-visit some follow up dates as there are conflicting meetings and presentation in the coming weeks. He will update the NRAB members re same. • Luke Caldwell mentioned the Northern Colorado Recycling Roundtable on April 24, 6-8:30 PM. RSVP @ CAFR.org. • Lindsay gave an overview of the upcoming Super Board meeting. IX. ADJOURNMENT Meeting adjourned at 9:13 PM.