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PITKIN COUNTY COMMISSIONERS +u�'
AGENDA '
January 23, 1978 I
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8:3Q a.m. EXECUTIVE SESSION: Welfare
'�8:45 a.m. County Reorganization 1978 - GLO
✓8:50 a.m. P&Z Agenda - JH
�:55 a.m. Home Rule Charter Election - JH : , .: ,
✓�:OS a.m. Civil Process Server for Sheriff's Office - PK
9:35 a.m. RESOLUTIONS/CONTRACTS: ;
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" ✓1) Sud Dowes Special Review - BK j �
- ✓2) Redstone Gatehouse Subdivision Exemption - BR �
�3) Stern RanCh Detailed Submittion & Final Plat - BK i
- �/4) Stern Ranch Subdivision Exemption - BFc
_ ✓5y) Lewitz 1041 Exemption - BK
�.6) Code'P'mendment: Section 7.22(a)&(b) Separation of �
Substandard Lots - BFC �
-' ✓7) PitCO/Snowmass Conoco Contract - BJS
�) December's Warrant Writings - CB �
� ✓9) Acceptance of Conveyance of Land from Henry Stein - SMS
�0) License Agreement - SMS
✓I1) Appointment of Financial Advisory Board - GLO
✓10:05 a.m. Recommended Air Pollution Alert Procedures - E. Anderson
�/10:30 a.m. Appointment of CAAB Alternate Member - E. Anderson ,
�10:35 a.m. Tony Moscufo {Anthony's Electric) Claim - SMS
� �/51:05 a.m. Request for Relief from Restrictive Covenant(R. Albouy) - SMS
✓11:30 a.m. Administrative Delay - SMS
12:00 - 1:00 LUNCH BREAK
✓1:00 p.m. Etnployee Travel Per Diem - CB
�1:15 p.m. Use of Local Banks for Depositdries - CB
��2:00 p.m. P.H. Aspen River Valley Ranch Deer Meadow - BY.
`�'�2:30 p.m. P.A. Lot 14 Aspen River Valley Ranch - BK
�3:00 p.m. P.H. 2oning Map Corrections - JW x
�/J 3:15 p.m. P.H. Ambulance Regulations - SMS
4-5 p.m. JOINT MEETING: �
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1) City/County Communications Budget LEAA i
�) Planning O£fice Agreement/Snowmass Contract - BK ;
✓3) Juvenile Grant - J. Carr
. v4�) A-95:
a) Aspen Camp School for Deaf & Sewer Facility
b) High Country Retired Senior Volunteer Program
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5) Citizen Participation �
�6) Open Space Acauisition--set study session �
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PITKIN COUNTY
BOARD OF COMMISSIONERS
ReRular MeetinR January 23, 1978
PRESENT: Chairman Michael Kinsley, Robert Child, Joaeph E. Edwards, Jr. (arrived laCe)
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Secretary Julie Hane, County Clerk, gre=_ented a request for $2,000 to Se transferred to her ''�'
to the
P & Z budget for hex salary to cover the cost of serving as secretary to the Planning and �-'
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Zoning Commisslon. Hane agreed to attend all P & Z meetings, transcribe their min-
uCes and have one of her deputies xerox and distribute their packet. The Planning
Office has $2,000 in their budget for part-time help to handle packet distribution,
however they have been anable to hire anyone. Child felt this would be a guod solu- �_`
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tion to the problem, since it wouldn't involve hiring an additional employee. I`'rt
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Kinsley moved to authorize the transfer of $2,000 from the Planning Office budget 4;y
to reimburse Hane for serving as secretary to the P 6 Z. Child seconded the motion
and it passed unanimously. Hane said there may be a legal problem with transferring �i;
'"! the money directly to her budget, and felt it would be better to be paid out of the
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� Planning Office's budge_. Kinsley amended his motion to authorize the Planning
Office to xeimburse Hane, rather than transfer the funds, £or the indicated services.
Child seconded the amended motion and it passed unanimously.
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t ; Aome Sue Michael, Chaizwoman of the Home Rule Charter Co�ittee, presented the revised
'.� ; Rule
- � � Charter Charter to the Commissioners for establishment of an election date. She noted that
�C; Election
!'� ; Set a compromise was made at the last meeting which provides for five memhers on the
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j:�' Board of Commissioners, however this will not take effect until the election of 1980.
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i Other changes from the previous Charter include allowing all voting at large, keep-
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'�'' ing the Clerk, Sheriff and Assessor as elected officials, eliminating the limiC on
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� the terms for citizen boards, inclusion of a conflict of interest provision, and re-
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'' ' uirin a hi her
q g g percentage of signatures for recall, referendum and initiative.
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Nick McGrath, a member oP the Home Rule Committee, felt the new CharCer is worthy
(, of support since iY gives additional power to the Commissioners and clarifies many
�i'';. procedures. He added that it is necessary to create local autonomy, and this is the
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only vehicle to give the Board more power to deal with problems such as purchasing
and personnel. Julie Hane requested that the electinn be set for March 21st, which
` ; will give the Clerk's office the maximum amount of time to prepare for it. Kinsley
� � moved and Child seconded to set the Home Rule Chatter elecCion for March 21, I978.
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The motion passed unanimously.
Michael had two recommendations for improvement of the Charter drafting procesa:
that a longer perlod of time be allowed for drafting, and that the Charter election
be held at a general election. ';}
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Civil Sargeant ➢on Davis presented a request to hire a full-time Civil Process Server =�'
Process �:
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_ Sec�er for th: Sheriff`� De�artment. He noted that this will relieve the deputies from the �'�
civil service duties; they are now unable to guarantee service by court date because `:.<
�: the Sheriff's Department has been understaffed. The salary will come from the g_
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existin bud et. This }'
S B person would not be deputized. Phyllis Kenny, Personnef �;
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Director, said the Peraonnel Review Board recourmended hiring the Civil Process Server �a
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as long as Che salary is covered in the present budget. Davis said this new posi- �#
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tion is importani to *.aake the civil process effective. George Ochs, County Manager, (,
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noted that Chuck Baker is preparing a budget adjustment for the entire Sheriff's !y
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_ Department, and suggested that the resolution providing for the civil process posi- �
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tion be done at the same time as the budget adjustment resolution.
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Child moved to approve the hiring of the Civil Process Server, with the resolution ;�
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creating that position to be presented with the budget adjustment resolution. �;
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Rinsley seconded and the motion passed unanimously. ��
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Stein Sandy Stuller, County Attorney, presented a resolution accepting a conveyance of �%
�,Land r�
'1'Donation land from Mr. and Mrs. Henry Ste3n. This is for land below the mini-warehouses, �
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'� and is the length of the trail bridge; there are no conditions imposed on the �,r
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conve ance. The a raised value of the p y q �'`'
j,' Y Pp pro ert is $55,000. Child re uested that ist
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a thank-you note be sent Co the Steins. !:}
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�� West End Stuller also presented a license agreement with West End Development Company, `��
! Development ti
�;License which authorizes the County to construct a temporary trail, and to construct a
:Agreement `
;! permanent trail either for the market value of the property or for no consideration, �;
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1; depending upon whether West End obtains a special review permiC for improvements
to the Aspen Racquet Club. Child asked if bikes would be allowed use of the traiL �':
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;� Stuller replied they would.
% 'Financial Ochs presented a resolut±on establishing a Financial Advisury Iloard. He is
�,Advisory
Board resentl advertisin for a licants to the Board, and su '
P Y 8 PP ggested the Commiasioners
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wait until February lOth to appoint the members.
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; Snowmass The Co�issioners considered a letter of agreement with Tom Jacquart, of the f�
i Conoco
!;�Parking Snowmass Conoco, for parking spaces for the bus system. Child asked if a clause
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1�Coumdssioners Meeting .Ianuary 23, 1978 - 2
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could be inserted in this agreement to allow for 35 parking spaces for intercept :°
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parking in the event of an a3r pollution alert; the letter only calls for 15 spaces. }I
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Stuller said this would have to be done by separate amendment, since Jacquart hasn't
been consulted on this.
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Dows, Kinsley moved and Child seconded to approve the following resolutions and con- "?
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Gatehouse, "r,'. .
Stern, tracts: Dows Special Review resolution, Redstone Gatehouse suhdivision exemption,
Lewitz, �
Substandard Stern Rancn subdivision exemption, Lewitz 1D41 exemption, a Land Use Code amendmeat ,-��,
Lots, %�
Jacquart, to sections 7.22 a and b, conceming separation of substandard lots, the dacquart �
Warrants, �
Stein, letter of agreement, the December warrants, a resolution accepting land from Mr. �
License k
Agreement, and Mrs. Aenry Stein, the license agreement with West End Development, and a resolu- �
Financial
Advisory tion establishing a Financial Advisory Board. The motion paseed unanimously. �
Board
Minutes The mtnutes of January 3, and 3anuary 9, 1978, were unanimously approved on a �p�'
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motion by Kinsley and a second by Child.
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p pproving the Stern.Ranch subdivision. She has �
' Stern Stuller resented the resolution a
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,Ranch t�
Subdivision reviewed the covenaxits, improvement agreement and water agreement, and they are all `�
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�' in arder; she noted that the covenanta are for 50 years only. Jeff Davis, County "
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' _; Engineer, felt the escrow amounts in the improvement agreement should be raised F
� i; to $25,000 or $26,000, to cover the costs for roads and utilities, John Doremus, ;�
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�� representing Stern, said that would be acceptable. Child noted that the provision ,
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i� concerning fencing should contain the requirement for kick-wire at the top of �
' I� any fencing. Stuller agreed to insert that into the resolution. She suggested ��
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`Ir that the fifty yeat provision in the covenants and water agreement be stricken, ��
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�,,{ and the covenant run with the land. Doremus said the fifty year provision was ri
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;�` included because he thought it was the maximum amount of time permitted by law. +�
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�!� Stuller said that is not true, and suggested that the language be changed to allow ?
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�f for the longest peziod permissible by law. Doremus agreed to that change. Kinsley -
F moved to approve the detailed submission and final plat for the Stern Ranch. Child
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seconded and the motion passed unanimously. `;�
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^; Meal The Commissioners again considered allowing eroployees a maximum of $14.00 per
" Expenses
I day for meal expenses while travelling. Kinsley felt [he $7.50 allowable for
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,{ dinner was rather high. Ochs didn't 13ke the entire approac}�, Uecause he felt °�
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t people could try to spend only a small amount on meals and keep the zemainder of
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� Coimuissioners Meeting Sanuary 23, 1978 - 3
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the money. He felt this idea may be better for a large bureaucracy, however in ��
a amall county it is not needed. Kinsley expressed concern about the people who
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are spending an exorbitant amount on meals with the present system. Child suggested �
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that Ochs or Baker check with the finance departments in Eagle and Garfield Counties, F;i
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who use the system being proposed, to see what experience they are having. The �°`
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Commissioners tahled the maeter until co�ents have been teceived from the Garfield xk
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_ and Eagle finance departments. �
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Chamber of The Commissioners considered appointment of a member to the Chamber of Commerce L�'.
Commerce, �,.
COG for 1978. Child felt Edwards may be able to do that because it is difficult for t�
Represen-
tatives him to get into town for all the meetings. Ochs suggested the Commissioners could �
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attend Chese meetings on a rotational basis. Kinsley felt that would cause a loss �
of continuity. Ochs suggested that one staff inember could attend all COG meeYings, �
and a different Comnissioner could go each time. Kinsley said he would not have f��a
time to serve on COG this year because he is heavily involved with the Health
fd
i Systems Agency and the State Health Coordinating Council. Child agreed to se�ve �
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� as the COG representative for 1978. The Commissioners agreed to reappoint Peter ��
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Guy and Michael Gassman to the Planning and Zoning Commission and to reappoint Mona �
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Frost to the Library Board. They will advertise for applicants to the Board of I�
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Adjustment. ��
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.� Air Ellen Anderson and Mark Skrotzki of the Clean Air Advisory Board were present to � t�
r Pollution ``
� Alert discuas air pollution alett procedures. When an alert is called, they suggested the �;
i� Procedures t;
j:, following steps be taken: intercept parking be established at eight locations with
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1' bus service from the lots to town, signs be posted encouraging people to ride the
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hus, all media be used to notify people of the alert, an information number be ".
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established at the City Co respond to people's questions, downtown parking restric-
tions be suspended to permit all day parking, no idling of engines be allowed in j:�
downtown areas, and voluntaty citizen cooperation be requested in eliminating
:! non-essential use of fireplaces. Anderson noted that these recommendations spell
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out the "reasonable measures" called for in the current Air Pollution Regulations.
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She added that there are more than enough intercept parking spaces in their pro-
i posal to handle the parking capacity of Aspen. Kinsley said the bus capacity may
I be limited. H.J. Stalf, City Transportation Director, said their buses could move
Ia maximum of 3�0 people per hour, and the Gounty system could probably handle 200 �
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��� Commissioners Meeting January 23, 1978 - 4
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people per hour, so this would cover a large part of Che intercept parking. Kinsley
requested that Ochs look into an analysis of the number of cars pet hour that cross
the Castle Creek bridge to deter�nine the number of buses that would be needed at '=
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various times of the day. Anderson pointed out that they are not reco�ending ;'�
mandatory intercept parking at this point. Child said snowplowing some of the
intercept lots may create a problem. Ochs suggested that cars could be stopped and �:
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people ceul� 3ouble up for the ride into town. Anaerson said tt�e Police Department
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and the Sheriff's Department have agreed to station people at the intercept lots to ��
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request that drivers voluntarily take the bus. Kinsley asked if the County has the ��
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legal authority to stop vehicles, and to differentiate between who is allowed to �:
drive to town. Stuller replied they do. Child suggested that if some cars could rr
he prevented from leaving town by closing the sk3 parking lots, there wouldn't be �
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so many vehicles returning to Aspen. Stalf felt the Ski Corporation bus capacity
could not be expanded hecause their equipment ia very old. Kinsley requested that �
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the amount of hardware, personnel and plow3ng required be determined if intercept
arkin were mandato and this information be used as a oint of reference in case �
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1 it ever becomes necessary to eliminate all cars coming to town. Anderson felt the ^_
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� golf course would be the best intercept lot because it has many spaces and is already }
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serviced by the bus. Stalf noted that P & Z approval would be necessary for a park- �
�� ing lot there. �
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�; Kinsley asked about the possibility of an alert this year, since the peak tourist �
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' season is already past. Anderson replied that an alert is very posaible because �
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f,� the number of cars is only one factor in the pollution levels; meteorological condi- �;
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ilj tions also have a large effect. Jeff Davis said an alert condition coald remain �;
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� in effect for as long as two weeks if an inversion remains in the valley. He suggest- �,
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��� ed that Elie intercept lots be located as far from town as possible, since town is �,
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'� where the largest problem occurs. Bob Nelson, County Sanitarian, agreed and felt any ;�
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."Ii intercept parking should be located northwest of Shadow Mountain. Ghild suggested �i.'s
'ii the possibility of a7.lowing free rides on the County downvalley bus in the event of �'
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an alert. Kinsley said the County would have to decide if they could fund that.
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ii Skrotzki noted that the EPA may be interested 3n doing a bus demonstration system
�;,i here to determine the effect on air pollution levels; he suggested that someone from
,I the County investigate the possibility of obtaining such a grant. Anderson agreed s
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;� that this would be valuable and felt Aspen should attempt to become a model city for !�
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;I air pollution control. Skrotzki pointed out Chat Che CAAB is also interested in
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doing preventat3ve work to avoid ever having an alert occur. ±
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Kinsley felt the CAAB's recommendations were good, and represent an attempt to �
specify the impacts of the automobile and develop reaponses to these impacts. Ander- �
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son noted that 80% of the pollution in the valley is a result of automobiles, and E
felt this would be a gaod way to determine if people are w111ing to cooperate in �
reducing that impact. Kinsley requested that Che people from CSU who worked on
evaluation of the Maroon Bus system he contacted to see if they would be interested
in helping with these alert procedures. Anderson concl.uded that these zecommenda-
tions are. the most immediately useable; the CAAB 3s also considering other ideas for
long-range solutiona. Stuller noted that written permission would be required €or
the use of any private property, and that the CAAB's recommiendaYions call for 35
spaces at the Snowmass Conoco and 100 spaces at the Roaring Fork Grocery; the
County is limited to 15 spaces at each af these locations.
The matCer was tabled until the amount of hardware and personnel required for these
alert procedures has been determined.
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CAAB Anderson noted that they received four appl3cations for the position of CAAB alter- �
Alternate �}
nate, but only two of those attended any meetings. The CAAB recommended that Bert �K
' Rudman, a Sheriff's Deputy, be appointed hecause he showed the most interesC in the �
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,;� Board. Ochs asked if there would be any probl'em with a County employee serving on �
� a citizen board. Child said he would have no problem in this case. Stuller said
,� there is no legal problem.
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Kinsley moved and Child seconded Yo appoint Bert Rudman as the CAAB altemate.
yi The motion passed unanimously. � .
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� Anthony Bruce Gordon, representing Tony Moscufo, was present to discuss Anthony Electr3c's ,,
�•' Electric's ��
Claim cla3m against the County. He stated thaC Anthony's made a bid in the amount of "�
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$7,011.97 on April 1, 1977 for the purchase and installation of the Gourthouse's 4�� -
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! emergency generator. On September 30, 1977, Anthony agreed to deliver the switch �
` COD for a total cost of $3750 ($2500 for the switch and $1250 markup). The switch �,?
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was delivered, however the County did not have a check eo pay the COD charges so *_he -
switch was returned. Gordon said it was anticipated that the purchase of this :
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switch would be part of the bid, and Anthony's would also do the installation of the i
e�r
generator; however, it was later discovered that Anthany�s had not 6een awarded the '
g}
bid. Gordon contended that completion of the contract was made by virtue of the ;�
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Commisaioners Meeting January 23, 1978 - 6 i
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delivery� and the County breecned that contract by not having a check ready. In �
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Gordon's opinion the offer to deliver and the iasuance of a Purchase Order by the ep
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County consCitute ttie offer and acceptance. Anthony is requesting reimbursement ;:
for the profits he lost ($1250) plus interest. Kinsley asked Stuller if the offer �
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and acceptance constieute a contract. Stuller replied that the Purchase Or�'..et k
doesn't indicate acceptance until it has been signed by the department head. She �
�aid Anthony'� letter of offer was approved orally by Davis. Davis replied that ,�
he didn't say yes or no to the letter because planning for the generator was not �
yet completed. Stuller said if Davis didn't accept the bid, then the only form of ��
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the County's acceptance was Fred Crowley`s go-ahead to purchase the switch. Crowley �
�said he told Anthony's to order the switch, and agreed on the $7000 cost for the
switch and the insCallation, however he did not specifically agree to the markup. �
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Stuller said the County is not bound to the $1250 figure because thaC is more than �
the standard markup. Randy Weller agreed, noting that the standard markup for a �
$20.00 part may be SO%, however it is not that h3gh for a piece of eqnipment of �
this size. The Cammissioners both agreed that the County is obligated to some �
compensation to Anthony because of the time he invested in the planning, however �
they felt the 50% markup was outrageous. Gordon replied that Anthony's CPA said �
the SOX markup is standard. Anthony's primary service was to analyse the existing �
� service, do the engineering and contact the suppliers, so Anthony's overhead during �
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� that time must also be covered. Weller again stated that SOY, is not a reasonable �
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markup. Gordon said the payment of $3750 was authorized and it was undexstood that � '
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' the delivery would be COD. Crowley said his authorization was for the $7000 for �
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�!� installation of the switch, not just the price of the switch. Stuller said she F
1, doesn't disagree with Gordon's approach on calculating labor fees, however the hours �
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� being charged have not been documented and the figures are inflated. Gordon said �
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they are now asking for $1119.00, using an hourly rate of $25.00 for Tony, 10% �r
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� profit plus 30X matkup. If Larry Spier's time is eliminated the total is $1050.0o. T�
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' Ochs asked Crowley if he agreed to take the switch on a COD basis. Crowley replied ,t;
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he did with the understanding that Anthony's would also install it. Stuller said s�
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!' she felt 10% to 15%markup is fair. Kinsley requested that the trade be surveyed
_ to determine the reasonable percentage of markup for this area; he agreed Co the �?
labor figures being sought. The Commissioners tabled the matter until the next �i
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meetiag, gending determination of the amount of maikup to be allowed. Stuller said i;
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she would prefer not to pay the labor costs now because in the event that the `{
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matter goes to caurt, the County doesn't want to lose the advantage by conceding ''>
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' Commissioners Meeting Tanuary 23, 1978 - 7
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the contract. �
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Albouy Stuller presented a request by Robert Albouy for a release from covenants on his �
Request for �
Release property which establish a minimum lot size of two acres. Albouy owns a portion d
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Covenanta of the Randall property next to the 15 acres purchased by the County. He is asking �
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the County for the release because they are the property owner that has the benefit �
of the reatrictive covenants. The County is restricted to selling only one two �
acre lot of their 15 acres. �
Albouy noted that when he purchased the property Randall intended to develop the
remaining 15 acres; Albouy had an option to purchase the rest of the land, however �
' his offers were turned down by Randall. He is now stuck wiih two acres that he �
�
can't do anything with, and he would like to sell off part of the property. The
zoning for the area is R-30. Stuller noted that the County's two acre parcel �
will have the same restriction if the County sells it. She said Randall would have � '.
�•
k�
to agree if the County decided to release Albouy's covenants. Child felt a planning �
consideration for the entire area is involved here, and preferred limiting the N
�
density surrounding the County's open space plxcel. Kinsley agreed, and said if �
�
he were a private party owning the land he would not release Albouy's covenant. �
Child moved not to release the covenant. Kinsley seconded and the motion passed
� unanimously. �
I
' � ---------
� ' .
; Establish- The Commissioners again considered establistiment of an administrative delay for ��'- '
� ment of an f
�IAdministra- new subdivision applications pending consideration of a Land Use Code amendment �
�, tive Delay � .
�� providing for annual review of new subdivisions. Stuller noted that the item was
�
;:. j�
P tabled at the last meeting because Herb Klein, representing the Pfister subdivision, � a
� argued that the delay was illegal and discriminatory against their application. li
� (Edwards arrived.) Klein maintained that the effective date of the delay, if
�"
i �
� adopted, would be December 29, 1977, the date the notice was published in the
� �
� paper, rather than December 27, 1977, the date the Commissioners set the public
�
�, hearing for the Code change. Stuller disagreed with Klein's contention that the �,
i'
�, ; action on December 27th did not constitute sufficient notice to the public. Kinsley �z
asked what constitutes constructive notice of the change. Stuller said cons[ructive E;
ry
N
notice has been defined differently in various court cases, however she does not �
i+
feel actual public notice in the paper is required. She said case law indicates �
4i
th�t there is sifficient precedent for establishment of an administrative delay. t*:
Klein replied that no court in Colorado has ruled on the question of administrative �'!
delay, and showed the Commissioners copies of a case considered in the Supreme
Co�issioners Meeting January 23, 1978 - 8
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Court of Pennsylvania that concerned what constitutes sufficient public notice. �
Stuller said there is a discrepancy in the word "advertised" in the court ruling, s
because she doesn't feel it means actual advertisement in a paper in this instance. �
Klein countered that section 6.03.04 a 2 of the Land Use Code says the Planning �
�
Office "shall" review the application for completeness; he felt this administrative h
,
delay represents an amendment to the Land Use Code process, and the Commissioners '�
�
have no authority to amend the Code in this fashion. He submitted an affidavit �
for the record. Stuller said case law gives the County temporary authority to �
deviate from the process in the case of a zoning change, and this authority super- '�
cedes the Code requirements.
Kane said the reason for the delay is that the County is currently re-entering �!
�
the land boom; they now have requests for more than 2000 units in the Aspen metro �
�
area alone. He felt resolution of the growth question relies on setting an annual �
�
limit on the number of new units, because the Planning Office is currently overrun �
with subdivision applications. Klein asked how many of the 2000 units are in Owl `�'
�Creek. Kane replied approximately 1800. Klein asked if the proposal for Owl Creek �
�was filed be£ore December 27th. Kane replied it was. Klein stated that the Pfister �
application represents only a small portion of the 2000 units. He said the crucial �
question involved is the retrospective application of the law, which is unconsti- �
tutional in Colorado. He said a resolution cannot "backdate itself". Klein added
i
�
that an administrative delay applies only when an ordinance is pending; the
iordinance is not pending until notice has heen published.
� Nick McGrath was present to represent an individual with an option on a piece of �
� property which e�cpires May lst. This person would like to create from five to eight F�
' y
; units on the land, however he will not exercise his option until he knows if approval �
, ��
i N
would he granted. If this delay is instituted, he will lose his option. McGrath ;.
�
asked if the Commissioners have enough facts to justify adopting this resolution, �
et
� �
and if administrative delay is the beat route to follow. He felt it puts the County ``
, �
� in the position of "crisis management", and is unfair to many individuals. McGrath E;
G;
i suggested that, apart from the major impact items, the County process the existing jy
I .
i matters under the existing rules. Most of the pending applications are small matters, ';
and it is unfair Co catch these people up in the delay.
�;,
Kane replied that the County has not adopted an implementation ordinance for the �t
!i
Growth Management Plan because the volume of subdivision applications has not been �
�.
a
high enough to warrant it. However, the Plan does not seem to be taken seriously by 1�
�7.
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Cor�isaionere Meeting January 23, 1978 - 9 �"
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�'
developers, and an implementation ordinance is necessary. If a delay is not insti- �
r,
tuted, Kane estimated there would be pending subdivision applications for 4000 units �
�
hefore the Code amendment is considered. �
k �
# Chuck Vidal suggested that the present surge is a result of people trying to
� address the County in land use matters over the past few years who were waiting until
' the County's policies were established. Now that they have been established, many
"i
people are applying. He agreed that the administrative delay is an over-reaction,
and is penalizing many small applications because of one large application.
Joe Porter, representing Owl Creek, said they are preparing a cubdivisian plan -.
, under the existing zoning that will be for approximately 145 units; this will
�
�
reduce the 2000 pending units to 260. He noted that it takes a long time to
i� develop an implementation procedure, so the delay will probably extend far past
the February 13th public hearing. He felt this delay would be non-productive be-
cause it would just keep developers from working on solving the prohlems for their
developments.
Kinsley asked what would happen if no delay were instituted. Kane said there is
a minimum of six applications that would be received prior to the February 13th
pub2ic hearing, and probably three or four more would be precipitated.
McGrath pointed out that the Coaunisaioners already have a lot of tools available
to deal with subdivision applications such as the Growth Management Plan and the
Land (Jse Code; some of the pending applications will be denied on that basis. He
felt people should be processed procedurally in a fair manner with their land use
applications.
.�.
t
Jim Moran, representing Owl Creek, asked what would happen between the February 5
13th public hearing and the June first deadline that is being considered far sub- '� '0.
division applications. Kane said if the Code amendmeat is adopted on February 13th,
a Growth Management Plan ordinance would be prepared before the June lst deadline
specifying thP critieria for review and the criteria under which points would be
assigned to applicatione. A large developer could be reviewed fot a certain number �
�
of units annually, with individual lots approved under a master plan for the entire �
K
property. Kane noted that 90X of the work on implementation has been done with 's
� the City's Plan, so the delay shouldn't 2ast too long. He felt the developers �
i;
should temper their individual concerns with concern for the ovezall planning for
the valley.
Kinsley said theC because of the clear commitment of the community to slow growth, ��
t�
the only way to consider the pending applicatione in an orderly fashion is to proceed `�.,-���
,�
�
I}
Commissioners Meeting .Tanuarq 23, 1978 - 10 -
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with the delay. He moved to authorize the Chairman to sign the.resolution establish-
ing an administrative delay. Child seconded and noted that it 3s to the advantage {r
2
of the development community that this delay be established, so the Planning Office �'
(�
� can rationally review the applications they have received after criteria for the i:
Plan have been established. The motion passed unanimously. �
Stuller noted that the resolution has an effective date of December 27, 1977, so �
it precludes consideration of Pfister's application.
� County Nick McGrath and Logan Bailor, representing the Bank of Aspen, were present to
_ Depositories
discuss the County's policy on bank depositories. Bailor expressed concern with the
County's bidding process because competitive hiddera sometimes aren't told who was �
r awarded the bid and what the terms and conditions were; so it is difficult to com-
pete. He recommended that the County adopt a sealed bidding policy. McGrath agreed
that some reform is necessary, because the present bidding is more informal than
� it should be. He suggested that the resolutian establishing County depositories
should be more specific on the bidding practices to be used. Kinsley noted that
Sam Brown, ex-State Treasurer, devised a system whereby banks are awarded the deposit �
of state funds based on their loan practices and their benefit to the lacal community. �
McGrath felt the standards should be known in advance so there can be fair competi-
tion. Bailor added that the County's account is a ma3or portion of the bank's
business. Kinsley suggested requesting comment from the people who are getting loans
from local banks. He directed Chuck Baker and the Financial Advisory Board to give �
the Commissioners an opinion on the criteria by which County funds should be distri- �
buted. Edwards added that Stuller should provide the Advisory Board with the rele- f
. vant statutes so a resolution can be drafted with the criteria upon which the � s
decision on de positories shall be made and establish procedures to limit the wide-
�
ranging discretion in the current resolution. Child added that in any bidding situa- g
i
tion the winners and losers should both be advised of who is awarded the bid. Baker "
�
asked the representatives of the two local banks if they would prefer having sealed �
bids on certificates of deposit. The First National Bank representative said sealed k
� '
bids would not be necessary; they would just like a written response to each bid. �
' Elmer Beamer said the evaluation of the "non-discriminatory" nature of a bank should " � Y
e
�
not be made by the finance department becuase that is not their business. Baker �
y
felt a statement on the Zending policy of the bank would be an appropriate reference �
a�
for evaluation. Edwards said it must first be determined that that is an appropriate k
legal criteria. s:
E
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� --------- i+
�E
1
Commissioners Meeting Janusry 23, 1978 - 11
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Chamber of It was agreed that Kinsley and Child will serve as the Chamber of Comroerce repre- n
Commerce Rep. �'
Chairman sentatives on a rotational basis. Child will be Chairman of the Baard and Kinsley �
will be Vice-chairman. �
�
Public ^The Commissionezs convened a public heasing to consider the genexal aubmission �
Hearing: �
Lot 2, application for Lot 2, Aspen River Valley Ranch, owned by Jim Gibbons. Thie is a �
Aspen �
Itiver reqi•.est to split Glbbons' 43.99 acre lot into two separate parcels. Bill Kane, of �
' Valley k
Ranch the Planning Office, showed the Co�issioners a plae of the subdivision which consists
of 16 longitudinal lots Chat cross the Roaring Fork River. The present zoning for �� _
the subdivision is AF-2, however the Planning Office has discussed more appropriate �
zoning with the landocmers in the area and many residents felt AF-1 would be an �
acceptable 2one. Bob Nelson, the County 5anitarian, recommended that the homesites �
be located near the County road to insure that the meadow stays intact. The P 6 Z
recommended approval of the general submission with the condition that the pareels
be deed resCricted aga3nst future subdivision and that more detailed water and sewer
plans be presented. The question of the housing requir.ement has not been thoroughly
discussed for this application because at the time the P � Z considered the subdivi-
sion they had recoromended to the Commissioners a Land Use Code amendment that would
� have eliminated the housing requirement in this zone; the Commissioners did not
4
approve the amendment. Kane noCed thaC the P 6 Z is going to consider exempting j
the housing requirement for lot splits or for subdivisions that result in a maximum
of two lots.
Kinsley suggested that some duplexes and condominiumizations (under 5000 square
feet) be allowed as caretaker units in certain zones to meet the housing requirement
S
s
but avoid conflict with the soning in less dense areas. Child said if that were � 3
allowed there would be 64 potential units in Aspen River Valley Ranch. Kinsley felt
it would be a method to avoid limiting employee housing to three-story urban apart-
�
ment buildings. Gibbons said he does not care to build a duplex on his lot and '{
i
felt the subdivision wauld cYeate employee housing because he, and most of the resi- �
dents in Aspen River Valley Ranch, are employees. He noted that the road to the '�
f
subdivision is already bad, and felt requiring SOX employee housing would create a �
' larger impact on the road. Edwards favored tabling the application pending consid- �
f
eration of Che Land Use Code amendment to exempt lot splits if there is a substantial �
I
reduction in dens3ty. He asked about the status of the rezoning in the area, and �
requested that the Planning Office get the process started. Kinaley felt a j
�
�
i
Commissionets Meeting January 23, 1978 - 12
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relationship should be established between the amount of density an applicant is c
;r
willing to lower his development by, and the amount of employee housing that the �
iI
County will require. Edwards also suggested re-examining allowing duplexes if they
?i
cannot be condominiumized as a solution to the housing requirement. Kane said that <+
due to the road layout in this area, the density should not be increased. Edwards �
�
K.
pointed out that the landowners in the Aspen River Valley Ranch bought 40 acre �
�
, parcels to avoid going through the subdivision process; he asked where the line �
for this subdivision should be drawn. Edwards moved to table the matter. (Edwards �
left temporarily.) Gibbons said the Co�issioners are doubling the capacity of [he §.
road if they enforce the housing requirement. He again stated that all the residents �
of the Ranch are employees, so it provides employee housing for many Aspen residents. �
Kinsley said the Land Use Code amendment exempting subdivisions that result in two �
lots or less from the housing requirement should also contain an exemption if the �
applicant goes substantially below the allowable density in the area. Chfld seconded
Edwards' motion and directed the Planning Office to request comment from the Division �
of Wildlife for this application, since there are many elk and deer in the area. �
The motion passed unanimously.
Public 'i7ie Commissioners convened a public hearing to consider the general submission
Hearing:
Lot 14 application for the subdivision of lot 14, Aspen River Valley Ranch, owned by Ann
Aspen
River Amabile. The P 6 2 reco�ended approval of the application with the following condi-
Valley
Ranch tions: stringent testing requirements be met for both wells, the site envelope be
- located to avoid the alluvial fan in the area, and the building site be within the
im�ediate proximity of the county road. Bob Nelson commented on the location for � '
the homes, septic tank and water systems. The Planning Office also recommends that Y
� .
rt
there be a deed covenant against further subdivision. Kane recou�ended tabling this ;
�
application until the Land Use Code amendment on exempting lot splits from the '
housing requirement has been considered. (Edwards arrived.) I
!
Bruce Kistler, representing Amabile, noted that the northerly homesite was moved I
i
south because of the potential mud slide hazard. He said that a road will be needed �
for access to this northerly site, however he agreed that the road could be used for t
access for the adjacent property owner also. Edwards asked about the proposed high- �
1
way al3gnment through Snowmass Canyon. Kane replied it is proposed to go directly �
1
through the meadow, however they would like to put up as many obstacles to that i
alignment as possible. Ochs felt all subdivision applications should be referred to �
i
the Highway Department for the record.
Coimnissioners Meeting Sanaary 23, 1978 - 13
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Kistler £elt the employee hous3ng requirement would be inappropriate here because k
�
the property is located too far from Aspen. The hearing was closed. ti
Child moved to table the application subject to resolution of the houaing require- `;
4
ment question; he added that the Planning Office should keep note of Kistler's offer a
�
r:
to grant an easement from the northerly road to the adjacent property owner. Edwa=ds y
�
seconded the motion, noting that all applicable conditions ahould be applied when the
matter 3s reconsidered. The motion passed unanimously.
Public The Co�issioners convened a public hearing to consider corrections and amendments � •
Hearing: �
Zoning to the zoning maps. Joe Wells, of the Planning Office, noted that some of these
Map
Corrections changes are substantive enough to require a public hearing. When the zoning maps
were exam9.ned prior Co computerization, it wa$ discovered there were some inconsis-
tencies due to drafting errors. The P & Z has recommended approval of the correc-
Cions. These involve correcting an erroY that omitted one piece of land owned by
Snowmass Corporation when Snowmass was rezoned RS-160, clarifying the RS-20 category
Co include all the privately-owned land in Woody Creek, zoning all federally-owned
land RS-160, and clarifying the boundaries for the AF-1 PUD designation. Kinsley
asked if any of these changes are inconsistent with previous representations of the �
County. �lls replied they are not. Kinsley asked the effect RS-160 zoning would �
have on the mining claims in federal land. Wells replied that all mining claims are
;
already zoned AF-1. There being no further comment, the hearing was closed. �
Kinsley moved to approve the amendments to the maps as published. Child seconded �I '
' and the motion passed unanimously.
Public The Commissioners convened a public hearing to consider establishment of ambulance ; ;,
Hea=ing:
Ambulance regulations. Stuller noted that a new State law requires counties to establish
RegulaC3ons '
these regulations. 'ltvo sets of regulations were drawn up: a set containing numerous
requiremenCs, and a skeletal set that met the State's mini.mum requixements. ;�
I
Lenny Oates, representing Mountain Ambulance Service, said these regulations are i
i
diff3cult for a seasonal operatior to meet. He said the stringent regulations contain
i
provisions to eliminate "ambulance chasing", which isn't a problem here. Also, the ,
" list of required equipment doesn't apply to a mountainous area. He said they have no
i
problem wiCh the less stringenC regulations, but do not like the more restricCive
regulations.
Glenn Scott, Diiector of the Aspen Valley Hospital, said he had initial concerns �
i
Commiss3oners Meeting January 23, 1978 - 14
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about the first propoeal for the stringent regulations; he felt the akeletal
re ulations would meet the hos ital's needs. He su ested that a �
8 p gg provision be
added to these regulations to appoint a medical co�ittee to make reco�endations g
3
on ambulance requirements to the Board of Commissioners. He recommended that this �
committee be composed ot three physicians with elected or appointed positions at
Aspen Valley Aospital, and two medical health practitioners appointed by the
Commissioners. He uo[ed that both oY the existing ambulance services now operate �
dn excess of the less stringent regulations.
Bill McCrocklin, Administrative Assistant to Sheriff Kienast, said the statute
concerning this matter covers emergency medical systems, not just ambulances. There �
are presently many ambulance services operating in the County and he feels some �.
type of coordination is necessary. He reco�ended giving the two existing services 3
(
temporary permits to operate, and fozming a co�ittee to look at the overall regula- {
�
tions in light of the County's growth rate. He felt the problem is much larger than �
t
what these regulations address. �
Ed Mulhill, representing Mid-Continent, said these regulations conflict with some �
1
of the federal government's requirements contained in the Mines Health and Safety j
Act. They also raise questions with regard to coverage under Workman's Compensa- �
'i
tion. He felt Mid-Continent should be allowed an industrial exemption to the �
County`s regulations since they are controlled by federal agencies. Their ambulance
\ 'i
operation is strictly for employees, and is not on call for the public. ;i
I
Oates sugggested passing the less stringent regulations now, and considering an � '
1
amendmeat to cover the entire emergency situation later. Scott agreed that the ;
regulations need further coordination, but felt adoption should not be delayed
since they meet the minimal requirements.
Kinsley felt non-medical people should be included on the advisory board suggested
by Scott. Scott said they would have no objection to that.
An Anschutz representative said it would be almost impossible to comply with the
County regulations since they require a Colorado driver's license and a Red Cross !
card, while the federal regulations require a different type of certification. �
. �
Stuller said there can be no deviation from that requirement, since it is contained i
in the State statute. The Mid-Continent representative agreed that there is a real '
;
dichotomy between the state and federal requirements. Stuller said there is no
technique for an industrial exemption contained in the statutes.
Edwarde asked what objections people had to the stringent regulations. Oates !
I
I
Commissioners Meeting ,Tanuary 23, 1978 - 15
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replied that they required an EMT to be on board, the vehicle specificationa and �
insurance requirements were difficult to comply with, and consultation with an �
t�ID was required. He noted that the insurance requirement contained a penalty
provision for dropping insurance, however Mountain Ambulance is a seasonal operation
so they only carry insurance for six months of the year. With the EMT requirement
neither a Registered Nurse nor a doctor would qualify to be on board the ambulance.
He noted the requirements contained in the stringent regulations wonld raise the
cost for their service. Scott had concerns similar to Oates, and felt the stringent
regulations didn't follow the State law closely enough and gave the County too much
responsibility. The hearing was closed.
Kinsley moved to approve the minimum requirement regulations, with the following �
provisions: that an ambulance advisory board be created consisting of three members i
nominated by the hospital, and two members of a non-medical profession to be �
i
nominated by the Public Safety Council, whose duties shall be to suggest changes
to the legislation, to rule on interpretations of the requirements, to assist the
Co�issioners in making decisions where a medical opinion is required in relation
;j
to the operation o£ ambulance services, and to explore the redundancies of the ;i
County's regulations with the industrial regulations; that the Public Safety ��
�)
Committee analyze the overall ambulance service in Pitkin County; and that the �`
r
industrial ambulances be included in these regulations with the intent to eliminate ;i
`
any redundancy with this regulation and the federal requirements. Child seconded
and added that existing ambulances be allowed a period of time to meet these
;�
standards. The motion passed unanimously. ��
At this point the joint City Council - County Con¢nissioners meeting began. City �
y
Council members present included Mayor Stacy Standley, Michael Behrendt, John Van °�
Ness, Nina Johnston, George Parry and Steve Wishart. i
;I
---------- �
Planning Bill Kane presented the Planning Office agreement for 1978. Thete is no change i
Office
Agreement from the agreements for the past two years, except the budget is reduced. Kane �
�
., for 1978
noted they are not yet sure if Joe Wells will be doing part-time work with Snowmass �
VilZage, bu[ if so he would be required to work at least 30 hours per week for the
City and County. Standley said if the Planning Office does enter into an agreement j
with Snowmass, the City and County should be refunded money for the hourly rate !
i
of the Planning Office, including overhead. Kane replied that Wells' work for j
i
Commisaionere Meeting .Tanuary 23, 1978 - 16
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Snowmass will be entirely separate, and will be paid for by Snowmass Village.
Johnston moved and Wishart seconded to approve the agreement. The motion passed
unanimously.
Shelter Jenifer Carr was.present to discuss the Shelter Care grant. She would like an
Care i
: Grant increase in the local match from $1500 to $3000 in order to fund the entire program. �
� .
This will serve a minim�m of twenty children in the area. Wishart asked why this
isn't handled through Open Door. Carr replied that part of the program will go �'
i:.
through Open Door. Wishart moved to appropriate $3000 split jointly between the {. :
City and County far the program. Johnston seconded and the motion passed with �'`
��
opposition from Behrendt. ��
'!
---------- ��
i:
A-95's ,7ohnston moved and Behrendt seconded to give favorable comment to an A-95 review I� , =
i�
for a bath house facility and septic system for the Aspen Camp School for the Deaf.
;' ,
The motion passed unanimously. ��.
i,
i
An A-95 £or the RSVP program was tabled for further information on a motion by �i
Child and a second by Van Ness. II .
�,
I`
..-.,...�.:-.,- ---------- I .
I ' _
LEAA Grant Nick Pasquerella, Communications Director, presented a request for $22,605 in j� '
for Computer �!
System local matching funds for a LEAA grant to improve the computer system used by the �i
��
Police and Sheriff's departments. This will be put into the existing computer of ;�
the City, and is part of a total grant of $108,000, which will double the capacity !I:
i
of the computer in City Hall. A generator will be installed to prevent computer ��
failure due to power breaks. Pasquerella said it will make an enormous difference �i:
in emergency law enforcement to have an on-line computer system. Johnston asked ��.
� .
how many additional employees will be required for the new system. Pasquerella �1'
said no new employees will be required. A new disc will be purchased to expand '!
�i
the computer's capacity, however only 20� of this disc will be used in law enforce- ��
ment; the excess capacity can be used by all the other departments. Dick Kienast I�
��
said the computer will aid greatly in the administration and effectiveness of both �
departments. Chuck Baker said the disc is already needed by the City and County, '� '
I
and thfs will give them the opportunity to acquire it at greatly reduced cost. !i.
Child asked about adequate space and ventillation for the batteries. Pasquerella i
�� ;i
�i
said they will be hoqsed in the basement of City Hall. �;I
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Kinsley moved to authorize the expenditure of $22,605 split equally between the I
i
City and County for the LEAA grant. Behrendt seconded and the motion paesed with , ji
I
Coimnissioners Meetiag .Tanuary 23, 1978 - 17 � ` .
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opposition from Johnston. �
Open The group conaidered the joint open space agreement. Standley said the concept
Space •
Acquisi- of this agreemenC bothers him, and he feels it has been greatly weakened since it
tion
Agree- was first considered. Past land acquisition decisions by the City have been made j
ment
in crisis situations, and he feels this agreement will not eliminate that. It j
makes the land acquisition process more complicated, and he would prefer to adopt ;
a list of priorities with the help of the Parks Association and then attempt to
acquire these parcels. ,
Rinsley felt the agreement is needed to develop a public, and donor, confidence
in the program. Standley felt the open space acquisition program is functioning �
,
now without th3s agreement. Kane said the purpose of the agreement is to provide I�
an annual budget co�ittment to open space and to preserve the open character of �
the entrance to Aspen. Ochs felt the advisory board will help raise interest in
`i
the matter throughout the community. He added that the acquisition program needs
some type of organization, instead of 3ust reacting to emergencies. Edwa=ds said il;
'i
the benefits from this agreement go to the Cown of Aspen, not the County as a whole,
since its ob3ective is to preserve the entrance to town. A public committment to �
I
a program of this type would involve the coo�unity, get private donors, and create �
a long-range program for preservation of the appearance of Aspen. Behrendt asked
i
how additional properties could be added to the list of priorities. Kane said '
the agreement envisions amending that list at any time. Stuller agreed that the �
agreement can be amended at any time, and adoption of the agreement doesn't mean i
that the list of prioriCies is binding. Wishart moved to approve the agreement.
�
Johnston seconded. Stuller said the City doesn't have to go through the process � �
`
outlined in the case of a crisis situation. Child had reservations about the ob-
ject of the agreement, since it is only ait�ed at the gateway to Aspen and doesn't �
I
benefit the entire county. Edwards pointed out that this process just pravides a
i.
means foz the City and County to discuss some possibilities; either can still buy I
any land they want to. The agreement also opens the acquisition program up to �
comments from the public. Child said he would vote for the agreement because they 1
need to institutionalize the ptocess to get more money, and he felt his objecCion �
to the agreement could be addressed through other mechanisms. Wishart's motion
passed'with opposition from Standley.
l
Commissioners Meeting January 23, 1978 - 18 �
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' There being no further business, the meeting was adjourned.
Respectfully submitted, APPROVED:
. , /Ci�%rL, x- .. . .
_ � � � � �`/-�/-y . � .
Liz S��wart�Deputy County Clerk : Ct;airman Michael Kinsley /
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` Commisaioners Meeting , January 23, 1978 - 19 i
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PITKIN COUNTY € �. :
DEPARTMENT HEADS AND ELECTED OFFICIALS . f
1978 ;
i_
! .
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*Commissianers: Bob Child I
Joseph E. Edwards, Jr. �
Michael Kinsley
, *Assessor: Dorothy Mikkelsen �
*Clerk & Recorder: Julie Hane
*Coroner: Dr. Harold Whitcomb ,
*District Attorney: Frank Tucker
*Sheriff Dick ICienast
*Treasurer: Helen Zordel
Chamber of Commerce Rep:
NWCCOG Representative:
County Manager George Ochs
: Airport Manaqer: Doug McCoy
County Attorney: Sandra Stuller
Chief Building Inspector: Fred Crowley
Civil Defense: Dick Rienast
Court Clerk: Shirley Dills
County Engineer: Jeff Davis
Environmental Health Officer: Bob Nelson �
F3ctension Agent: Larry Dunn
Finance Director: Chuck Baker
Health Officer. Gene Saltzberg
Housing Director Mark Danielsen i
Human Resources Director: Betty EL'ickson �
County Economist Brian Stafford
' Librarian: ° Foxy Rirwin �
Personnel Director: Phyllis Kenng i
Planning Director: Bi11 Kane i ; :
�_.
Road & Bridge: Harvey Hale
Bus System Manager: Greg Paul
Veterans' 'Officer: Milton Connor
Welfare: Marion Stewart
*Elected Officials I
�
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E
PITKIN COUNTY HOME RULE
' CHARTER COMMISSION
_ . REVTSED CHARTER '
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, January 20� 1978 , .
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INDE% �
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� ARTICLE I - GENERAS, PROVISIONS � .
ARTICLE II - THE BOARD OF COUNTY COMMISSIONERS
ARTICLE III - CITIZEN BOARDS ` �
ARTICLE IV - CAUCUSES
ARTICLE V - ADMINISTRATION
.,,:�4 .. . . . . . . .
ARTICLE VI - ELECTIONS
ARTICLE VII - INITIATIVE, RECALL AND REFERENDUM
ARTICLE VIII - MISCELLANEOUS
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� ARTICLE I - GENERAL PROVISIONS �
�.
..a"$:' . tys
�: 1.1 Definitions �
,���
� The followinq words have the following meanings:
��:
1.1.1 Address: that address prescribed by statute £or
`� voting registration purposes.
y�
'� Mailing Address: that address at which a person
'�; receives mail.
�
x Petition Address: the place of residenae by street
� and number or rural route and box number or other `
?� customary desiqnation sufficient to locate the j��
� residence, except that a post of£ice box number
� shall be insufficient.
� 1.1.2 Administration: the County Manager, County Attorney, �
� other elected officials, and other employees of the
�
County, as set forth herein. !�
' 1.I.3 Board of County Commissioners: the principal e2ective
> .� head and sole legislative authority of County govern-
�`� ment, called the Board herein.
'.� 1.1.4 Branch of Countv Government: the Board, the Citizen
< Boards, and the Administration.
'z .�
1.1.5 Caucus: an organization of residents of a particular
geographic area of the County established herein. �
�C=£.
1.1.6 Citizen Boards: the Citizen Boards and Commissions ��
established herein.
�
1.1.7 County: Pitkin County, Colorado. �F
�
1.1.8 Election: �";�
ticr
General: the e2ection heZd on the Tuesday ;�
succeeding the first Monday of November in �
each even-numbered year, as set by State statute. �
'��4
Primary: the election held on the second Tuesday ��'
of September in each even-numbered year, as set `
by State statute. ��
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a�' Special: any election other than a general or �
primary election. �,
'.� ��
~� 1.1.9 Manager: the County Manager. ��
:,� �
� 1.1.10 Person: an individual, trust, firm, partnership,
� association, or corporation.
�
� 1.1.11 Public Bodies: Board of County Commissioners, the
Citizen Boards, and the Caucuses. ``
1.1.12 Public Notice: publication of the time, date, and �
place of a meeting, and description of the matter or �
matters under consideration in a newspapez of general cir-
culation in the County certified for legal advertisements. �
1.1.13 QualiEied Elector: a person entitled to vote in �
Pitkin County at a general election, if registered,
and iE not registered, otherwise eligible to vote.
3..1.14 Redistricting: redrawing district lines for any •
election purposes.
1.1.15 Resolution:
Formal resolution: action taken by the Board
pursuant to Section 2.$.1 of this Charter.
InEormal resolution or motion: an expression of ��.
opinion by the Board or action upon largely procedural �}�.
i:^�;
matters, pursuant to Section 2.8.2 of this Charter. ;�e
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1.1.16 State: the State of Colorado. ���
�,`
1.1.17 Working Day: any Monday through Friday of any calendar �;
uj,;
week exaept such dates as are designated as holidays „:,7
by statute. .:?±
1.2 Preserving Prior Enactments ,�"�,
- ��-
All resolutions, motions, codes, and rules that are not
inconsisent with the terms of this Charter and that are
in force on the effective date of this Charter shall s;;`
remain in force until repealed or amended. ;.;�:
F�'.
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�� 1.3.1 Elected officials in office on the effective date of ='�'
-. this Charter shall continue in office and perform the �
� duties of their offices as set forth by statute and by �.
the provisions of this Charter. Beginning on the effective
�"`�. date of this Charter, the mechanisms for salary determina- '
- � tions may be applied to them for the remainder of their �
" respective terms, except to the extent the Constitution �=
� or applicable statute may preclude an increase, and
�"r except their salaries may not be decreased.
i�,
� 1.3.2 Vacancies in offices that were elected prior to the �; .,
.� effective date of this Charter shall be filled according `
�.4 to the provisions of this Charter.
� 1.4 General Interpretation of this Charter -
��' 1.4.1 The County shall exercise and provide all mandatory
County powers and functions as provided by law, and
� shall have all rights and powers now or hereafter
t� delegated under the constitution and laws of the State
�; of Colorado for exercise by counties; in addition, it
shall be authorized without amendment to the Charter to
provide all functions, services and facilities, and to
exercise all prerogatives and powers that may now or
hereafter be authorized by the State Constitution and
laws.
1.4.2 The powers assumed for the County by the Charter
shall be liberally construed, and shall include
all powers delegated and implied by law, to the
end that, except as limited herein, the County shall
have all powers necessary or convenient for the
conduct of County affairs.
1.5 Oath of Office
Elected officials and those filling vacancies in elected
offices as well as all department heads shall take the oath
as prescribed by law upon assuming office.
1.6 Effective Date
The effective date of the Charter is July 1, 1978.
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- 1.7 Severabilitv
If any portion of the Gharter is declared invalid, it will �
not affect the remainder of the Charter.
1.8 Due Process - �
�.j . � . . . - � � . . � . . . .. � .
All actions taken pursv.ant to this Charter shall be done'
with regard to due process of law.
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{� ARTICLE II - THE BOARD OF COUNTY COMMISSIONERS �
�` 2.1 Creation
.�'.- �
�. There shall be a Board of County Commissioners consisting
� of five (5) members who shall be qualified electors of �
�, the County and who shall have resided within the County
c. for not less than one (1) year prior to the election.
�,
�; 2.1.1 Transition
�
� The additional two commissioner seats created by �
� this Charter shall be elected in the next primary
and general election at which the President is
� elected (1980). In that election, four commissioners
will be elected. The one receiving the fewest votes
� of the four elected shall serve a two-year term.
�
� 2.2 Election
� Each commissioner shal] be elected at large. .
2.3 Residential Districts
� 2.3.1 Each commissioner shall reside in a separate
•,� residential district, and shall remain a resident
of his or her district during his or her term of
� office.
2.3.2 Such residential districts shall be established
by the Board in accordance with law.
2.3.3 No commissioner's term of office shall be affected
by redistricting durinq his or her term.
2.4 Terms of Office
� The term of office for commissioners shall be four (4)
years, with a majority of commissioners elected at the primary
and general election in years in which the President is
� elected, and the remaining minority of commissioners elected
at the primary and general election in years in which the
Governor is elected.
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7� �,�,. 2.5 Compensation �
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`�` Compensation for commissioners shall be as from time to
1� time established by statute. Also, the Board may propose �
� an increase or decrease at any general election; provided,
y however, that any such voter-approved adjustment shall not
be retroactive nor shall it operate to vary the compensa- �
� tion of any commissioner during his or her term of office.
R 2.6 Vacancies
� 2.6.1 Vacancies shall be filled by the remaining commissioners �
by majority vote. Any commissioner so appointed shall t ,
� stand for election at the next regular primary and
X� �
general election, to serve the remainder of the term
� of the commissioner he or she has succeeded.
i�
g 2.6.2 If a majority of commissioners be not remaining or
.� be unable to act, then vacancies shall be filled by
the governor; provided, however that the Board shall
call a special election within 120 days after such �j
� appointment(s) for the election to fill the seat(s)
� so appointed. The election shall be to serve the
� unexpired term(s} of such commissioner(s) .
•'� 2.7 Functions
3 2.7.1 All powers, duties, and functions of the County are
vested in the Board, which may delegate some or all
�� of them, except the legislative function, as it in
� its sole discretion may deem necessary or desirable
from time to ti.me, and such functions as may be
� specified by amendment.
�
;� 2,7,2 The Board shall appoint all departinent heads and
� the members of all Citizen Boards.
�
� 2.7.3 The Board shall set salaries of all appointed officials
,� and department heads. �'�
� 2.7.4 The Board shall set the salaries of the other elected �
; County officials at least 120 days prior to their �.
`�' election. The salary shall not be lower than as set �.
forth in state statute. The salaries of such elected
� officials shall not be varied during their term of ��
'; office, except that the Board may increase their �
�
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;�' salaries annually by a cost-of-living multiple �
(a) if such multiple is made applicable to county �
'�' employees generally, or (bj i£ such muZtiple does not �
"- exceed 5$.
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:� 2.7.5 The Board shall have the power to establish such
� advisory boards, and appoint the members thereof, �
_ _� as it shaZl deeia necessarp. �
�;
;� 2.7.6 At least 30 days prior to finaI. action, the Board ;�
shall refer any land use measure directly affecting
� a caucus area, and the county budget proposals, to any
"� relevant caucus £or comment, which comment shall be
':;� . advisory only. `
�� 2.8 Actions
.�
There shall be two types of actions taken by the Board:
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�
� 2.8.1 Formal Resolution :
„� 2.8.1.1 Official action by formal resolution shall
� be required for all actions of the Board
on matters of significant importance affecting �'
citizens, incZuding but not limited to,
granting or denying in final form any land
use applioation; adoption of the budget;
setting the mill levy; contracting for
or authorizing any expenditure in excess
of $1,000.00 unless specifically authorized
previously in the budget; levying any tax;.
setting any special eiection, and the like.
2.8.1.2 Formal resolutions must be adopted by a
� majority of the Board; shall be typed prior
� to final adoption; and shall be subject to �
? consideration at two separate meetings, the
second of which shall be a public hearing
i if one is required by law, this Charter, or
? regulation. A formal resolution may be �:
, amended at any time prior to final adoption,
f but if amended at second reading in sub- �
stance and in a manner more restrictive (�
than the prior draft, a third readinq at s'�
a public meeting of the Board shall be �.
required. ��
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2.8.Z.3 After adoption, the text o£ the formal �
resolution shall be published, except � `
that the ordinance may provide that anly ;
the title and short outline be published.
Formal resolutions shall take effect
immediately upon final adoption unless
otherwise stated in the formal resolution.
2.8.1.4 Emergency formal resolutions shall set forth !
�; the circumstances of the emergency and may '
be adopted on one reading by a majority of
� the Board.
� 2.8.2 Snformal Resolution or Motion ` �
All matters not required to be acted upon by formal
resolution may be acted upon by motion or informal
resolution at any meetinq of the Board. Generally,
matters appropriate for adoption by motion or
informal resolution shall be those merely declaratory
of Board opinions, recommendations of the Board,
procedural matters, and the like.
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ARTICLE III - CITIZEN BOARDS �t�
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`-'� 3.1 Establishment of Citizen Boards ��
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3.1.1 Titles E{;
i By Charter the following Citizen Boards are �
established:
a. Planning and Zoning Commission �
b. Board of Adjustment
c. Board of Appeals
d. Library Board
e. Election Cormnission
f. Financial Advisory Board
3.1.2 Size �
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� Each Citizen Board, except the Planning and Zoning �"
� Commission, shall be composed of five (51 members. �
i Each Citizen Board may have up to five (5� alternate
members at the discretion of the Board of County
Commissioners. An alternate member shall be �
permitted to vote only in the absence o£ a regular �
member. An alternate member shall serve a
i minimum of one (1) year prior to appointment �',
+ as a regular member (unless no such alternates T'
are available for appointment as a regular
; member). �
� 3.1.3 ' Membership on Citizen Boards �
— �
Membership of Citizen Boards shall be selected by ��
the Board, which shall establish staggered terms �
for such Citizen Boards.
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3.1.4 Terms �,
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Except as otherwise established herein, or by ;
statute if made applicable by this Charter, terms ��
for each Citizen Board shall be two (2} years. ;�
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� 3.1.5 Limit on Terms
; There shall be no fixed limit on number of terms, �
� but the Board shall assess the performance of a
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� member prior to appointing that member far
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another term. �'
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=� 3.1.6 Attendance Policies ;
The Board may establish attendance policies and
other such rules and regulations for Citizen Boards,
or may delegate such funetion to each Citizen Board.
3.2 Planning and Zoning Commission
There shall be a Planning and Zoning Commission
in size, structure, and function as set forth -
from time to time in applicable statutes.
3.3 Board of Adjustment
There shall be a Board of Adjustment in size, structure,
and function as set forth from time to time in applicable
statutes.
3.4 Board of Appeals
There shall be a Board of Appeals in size, structure,
and functibn as set forth from time to time in applicable
statutes.
3.5 Financial Advisory Board
The Financial Advisory Board shall review throughout the
fiscal year the annual operating and capital improvement
budgets, financial planning, assets, liabilities, receipts, �
expenditures, budget and accounting practices, and financial
status of capital improvement programs for the County �
government and all the taxing districts for which it is
responsible. The Financial Advisory Board shall report
its findings to the Board, the districts, and the public
and make such reco�nendations as it deems appropriate. �
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4 3.6 Librarv Board
: There shall be a Library Board in size, structure, and
functions as set forth fram time to time in applicable
statutes and zegulations.
3.7 Election Commission
3.7.1 There shall be an Election Commission, of which-
the County Clerk and Recorder sha11 be an ex officio
non-voting, sixth member and who shall aftend
meetings o£ the Commission.
3.7..2 Any person agqrieved by the manner in which the
County Clerk and Recorder administers voter
registration or performs election duties shall
have the right to appeal such action to the �
Election Commission. Any such appeal shall be
lodged in writing with the Election Commission
within three (3) working days after the occurrence
of the act complained of. The decision of the
Commission upon such an appeal shall be final
(subject to court review?.
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`�; ARTICLE IV - CAUCUSES .�
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� 4.1 Establishment of Caucuses: Initial Meeting �
4.1.1 A caucus may be established by any qualified elector �
� who calls a meeting at a convenient time and place
;? within the proposed caucus area. An information !�
_ `�;; campaign shall be conducted to ensure that aIl
qualified electors and non-resident real property
owners in the proposed caucus area know of the date, j
F time, place and purpose of the meeting.
4.1.2 At the inifial meeting it shall be decided by
majority vote of the qualified electors (and
non-resident real property owners) in attendance
whether a caucus should be formed.
4.2.3 Each caucus shall adopt its own operating procedures
and by-laws within the scope of this Article. !
4.2 Recognition of Caucuses !�
The Board, after satis£ying itsel£ that the provisions
of this Article have been met, shall recognize the caucus
and establish the caucus area by resolution.
4.3 Composition �
A recognized caucus shall consist of all the qualified
electors who reside in the caucus area, toqether with p
the non-resident owners of real property within the
caucus area. '�'
4.4 Votin �
Each caucus member shall have one (1) vote on all matters !�
appropriate for caucus voting. Voting on any other basis �
may be conducted on special matters for information �;
purposes only, and must be clearly identified as such. �
4.5 Recognized Caucus Area �r�
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Recognized caucus areas to the greatest extent possible ?-
shall reflect geographically contiguous areas with social, ,�
. econom3c, cultural and environmental communities of interest.
There shall be only one recognized caucus in each geographic xf
area. Each caucus shall provide proposed definite -�
boundaries for their caucus area to the Board. Y"s
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4.6 Funetion �
A caucus, upon recognition by the Board, shall have a }
recommendatory function for all matters directly affecting �
the caucus area, and shall permit its members to report '
minority views, as well as majority views, and division �
- of votes with any such recommendation. Further, a caucus �
shall nave a recommendatory function for all planning matters �
affecting the caucus area, as well as other County matters �
affectinq the caucus area including, but not limited to, � .
budgetary and work program matters. i
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�; ARTICLE V - ADMINISTRATION !
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5.1 County Administration '
� The administration of the County shall be executed by
� appointive Department Heads, all of whom shall report � ;
to a County Manager, and elective officers, who shall
� '.
report t� the 5oard.
� 5.2 County Manager and the Administrative Functions �
� 5.2.1 The County Manager shall be responsible to the
County Board, serve at the pleasure of the County
Board, and execute the policies set by the Board,
all in accordance with this Charter, the laws of
the State, and resolutions of Pitkin County.
5.2.2 The compensation of the County Manager and all
other terms and conditions of employment shall
rest with the Soard.
5.3 County Attorney
There shall be a County Attorney appointed by the Board,
who shall be the chief legal officer of the Board and the
Administration.
5.3.1 The compensation of the County Attorney and all
terms and conditions of employment shall rest
exclusively with the Board. The County Attorney
shall be responsible solely to the Board.
5.3.2 At a minimum, the County Attorney shall be licensed
to practice law in Colorado and shall have done so
for two (2) years.
5.3.3 The County Attorney shall have jurisdiction over
preparing and rendering legal services, advice, �
and representation to the County Board. Where no
- conflict occurs, the County Attorney shall also ; ` "
render legal advice and services and representation
to the Administration and Citizen Boards. !
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,�;;; 5.4 Department of Finance
5.4.1 The Department of Finance shall have all of the
'� powers, duties, and functions formerly given to the
County Treasurer and the Public Trustee of the
�. County (each as set forth from time to ti.me in
applicable statutes); the County budget director; :
and, the County Finance officer.
r 5.4.2 The Director of the Department of Finance shall
be appointed by the Board.
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�. 5.4.3 The Director of the Department of Finance shall
be qualified by reason of education or professional
� experience, or both, to administer the duties and
� responsibilities of the office as specified by law.
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5.5 The Clerk and Recorder j
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There shall be a Clerk and Recorder, who shall be elected
and who shall have such powers, duties, and functions as set
forth from time to time in applicable statutes. � .
5.6 The Assessor
There shall be an Assessor, who shall be elected and who
shall have such powers, duties, and functions as set forth
' from time to time in applicable statutes.
5.7 The Sheriff
There shall be a Sheriff, who shall be elected and who -
shall have such powers, duties, and functio.ns as set forth
from time to time in applicable statutes.
5.8 The County Coroner
5.8.1 The County Coroner shall exercise all of the powers
and perform all the acts and duties required by
statute to be exercised or performed by the County
Coroner, except he or she not perform any Sheriff
functions.
5.8.2 The Coroner shall be appointed by the Board. ! ;
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ARTICLE VI - ELECTIONS '
6.1 General
To the greatest extent possible, County elections shall
be held at the time of the general election.
6.2 Nomination of Candidates
6.2.2 Al1 candidates for elected office must file
petitions with the Clerk and Recorder for such
office not more than sixty (60) days or less
than £orty-five (45) days, prior to the first -
Tuesday in September of regular election years.
6.2.2 A candidate's petition must be signed by not less
than two hundred and fifty (250) qualified
electqrs.
6.2.3 Where there are more than two (2) persons standing
for election to a given office, all such persons
shall have their names placed on a ballot which
shall be voted upon at the same time and place as
the regular primary elections. The pri.mary ballot
for County oEfices shall be available equally to
persons who are members of a regular political party �
and to those persons who are not affiliated with
any political party.
6.2.4 A candidate who desires a designation on the
primary ballot as the nominee of any recognized
political party shall have received that party's
designation according to law and the rules of
that party.
6.3 Primary and General Elections
6.3.1 Primary and general elections shall be held as
designated by statute.
6.3.2 The two candidates for a County elective office
receiving the first and second highest number of
votes at the primary election shall be certified
to appear on the ballot at the general election.
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6.3.3 In the event that one (1) of the candidates duly
certified to the general election ballot withdraws, .
dies, or is otherwise disqualified from running
in the regular election at least twenty-eight (28)
days prior to such general election that person who
received the third highest number of votes in the
primary election for that office shall be certified
� ' as a candidate for the regular election.
6.3.4 There shall be a place for write-in candidates at
elections in accordance with applicable statutes.
6.4 Other Election Issues '
All issues to be placed on the ballot for any election shall
be submitted to the Clerk and Recorder at least twenty-eight
(28) days prior to the election.
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ARTICLE VII - INITIATIVE, RECALL AND REFERENDUM �'
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r; 7.1 Initiative and Referendum �;
� �
7.1.1 Initiative: The electors of the County shall
have power to propose any resolution to the �
Board in accordance with the provisions of
, -- thic article of the Charter, except the annual
n operating budget, the annual appropriations
i budget and levy of taxes. In the event the �
� Board fails to adopt said proposed resolution
� without any change in substance, the proposed
resolution shall be submitted to the electors
E at a County election for their acceptance or
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rejection.
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` 7.1.2 Referendum: The electors of the County shall
� have power to require reconsideration by the Board
� of any resolution and, if the Board fails to repeal
� a resolution so reconsidered, to approve or reject
it at a County election, in accordance with the
provisions of this article of this Charter; provided
� that such power shall not extend to the annual
s� operating budget, annual budget appropriation, levy
of taxes, calling a special election, ordering
improvements initiated by petition and to be paid
for by special assessments, or resolution to meet
the contractual obligations of the County.
7.2 Initiative and Referendum Procedure
7.2.1 An initiative or referendum petition must be signed
by electors of the County in number equal to at
least fifteen percent (15$) of the total number �
of registered voters at the last general County
election. Tn the case of an initiative petition, �
all signatures on said petition shall be obtained ;�
within forty-five (45) days prior to the date of �
initial filing of the petition with the Clerk and �
Recorder. A referendum petition shall be void unless �
filed initially with the Clerk and Recorder within �< ,
forty-five (45) days after the effective date of the
resolution to which such petition refers. Any petitions
shall be addressed to the Board and may be an aggregate � 3
of two (2) or more petition papers identical as to
content and simultaneously filed by one (1) person. �j
The Clerk and Recorder shall provide forms for such �
petitions. 3
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j 7.2.2 An initiative petition shall set forth, in full,
° the resolution it proposes to initiate and no petition ;�
'� shall propose to initiate more than one resolution. ��
A referendum petition shall identify the resolution, �
or part thereof, it proposes to be submitted to the ��
;� voters for approvaL �
�: �
7.2.3 Each signer of a petition shall sign his or her name, �
�; and after his or her name, print his or her name, the
'; date, and a petition address.
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,' 7.2.4 Each page of a petition shall have attached to it x,=
when filed an affidavit executed by the circulator
`� thereof stating that he or she personally circulated �¢
� the petition, the number o£ signatures thereon,
that all signatures were affixed in his or her presence, �
that he or she believes them to be the genuine signa- . ;�,
tures of the persons whose names they purport to be and
�� that each signer had an opportunity before signing to
' � read the full text of the ordinance proposed or sought
�` to be reconsidered.
�
� 7.2.5 The petition(s) shall be filed with the Clerk and
� Recorder, who shall, within fifteen (15) days,
canvass the signatures thereon. If the petition does
not contain a sufficient number of siqnatures of
qualified electors, the Clerk and Recorder shall notify
forthwith by certified mail all circulators, or the
person(s) named in the petition as representing the
petitioners. Fifteen (15) days from such notification
shall be allowed for the filing of supplemental
petition papers.. Such supplementary petition shall
comply with all requirements for petitions, and within
five (5) working days after it is filed, the Clerk
and Recorder shall complete a certificate as to the
sufficiency of the petition as amended and send
a copy of such certificate to the petitioner by
certified mail, as in the case of an original petition.
_ If a petition or amended petition is certified suffi-
cient, the Clerk and Recorder shall promptly present
the certificate to the Board.
7.2.6 If a petition has been certified insufficient and `'�
is not amended within fifteen (15) days of notice ,� ;
of insufficiency, or if an amended petition has been
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`� certified insufficient by the Clerk and Recorder, �x
� any petition circulator or the person(s) named in the `�
; petition as representing the petitioners may, within
�
'v� two (2j working days after receiving a certificate of
- insufficiency, £ile a request that it be reviewed
by the Election Commission. If a petition or amended
petition be certified sufficient, any party affected
j� may similarly file within two (2) working days after
� the certificate has been made a request For review
: by the Election Commission. The Election Commission
, �; shall forthwith review the certificate(s) and
approve or disapprove it, and the Election Commis-
sion's determination shall then be a final deter- •
mination as to the sufficiency of the petition.
7.2.7 The petition shall be sub7ect to court review.
A final determination of insufficiency, even if
sustained upon court review, shall not prejudice
the filing of a new petition for the same purpose.
7.2.8 When a referendum petition is certified sufficient,
the resolution sought to be reconsidered shall be
suspended from taking effect. Such suspension shall
terminate upon reconsideration by the Board, regard-
less of the result thereof, or thirty (30� days after
- certification, whichever earlier occurs.
7.2.9 When an initiative or referendum petition has
been finally determined sufficient, the Board shall
promptly consider the proposed initiative resolution
or reconsider the referred resolution by voting its
repeal; provided, however, that the Board shall have
the power to chanqe the detailed language of any
proposed initiative resolution so long as the general
character of the measure will not be substantially
altered.
7.2.10 If the Board fails to adopt the proposed initiative,
or fails to repeal the referred resolution, the �
matter shall be submitted to the voters. If no �
qeneral, primary, or special County election is �
to be held within one hundred twenty days (120j
aEter the Board's consideration specified in Section
7.2.9, the Board shall provide for a special election .�
to be held within one hundred twenty (120j days; '
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�` otherwise, the vote shall be held at the same time �
� as such general, primary, or special election, except �x
;;`t, that the Board may in its discretion provide for ��
a special election at an earlier date within the �
� prescribed period. Copies of the proposed or referred ��
�� resolution shall be made available to the public �
�`�" within a reasonable time before the election and
7'.•
� also at the polls at the time of the election.
'r' 7.2.11- The Board on its own motion, shall have the power
s;;� to submit at a general or special election any
proposed resolution or question to a vote of the
people.
� 7.2.12 If a majority of the electors voting on a proposed
k initiative resolution vote in its favor, it shall
�. be considered adopted upon certification of the
� election results. If conflicting resolutions are
i1 approved at the same election, the one receiving
the greatest number of affirmative votes shall
prevail to the extent of such conflict.
t' 7.2.13 I€ a majority of the electors voting on a
�+: referred resolution vote against it, it shall
,;� be considered repealed upon certification of
the election results.
. <,a 7.2.14 A resolution adopted by the electorate may
! not be amended or repealed for a period of one
" '? (1) year after the date of the election at which
` f� it was adopted, and a resolution repealed by the
1� elec�orate may not be re-enacted for a period of
;: one (1) year after the date o£ the election at
�`q which it was repealed; provided, however, that
i�a any resolution may be adopted, amended or repealed
,, �l at any time by appropriate referendum or initiatory
�a
a�l procedure in aCCOrdance with the foregoing provi-
sions of this article, or if submitted to the
�' electorate by the Board on its own motion.
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F. 7.3 Recall
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; Any elected officer may be recalled from office at
i�� any time after having served at least six (61 months. �
I! Once an election on recall has been held, no other election
;� on recall of that same officer may be held for at least
I;,� one (1) year. The procedure for recall shall be as follows:
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7.3.1 One or more qualified elector(s) shall file with ;�'
the Clerk and Recorder an affidavit of not more
than two hundxed (200) words stating the reasons for �
requesting the recall. The Clerk and Recorder shall,
within two (2) workinq days after the filing of the �
affidavit, mail a copy by certified mail or hand �
deliver a copy to the officer so�aght to be recalled. �
_ _ That officer may, within five (5). working days of ��
- receipt of the affidavit, file with the Clerk and
Recorder an affidavit of not more than two hundred
(200) words in justification of his or her course
� in o£fice. After receipt of the statement of ° `
'.� justification, if any, but in no event later than
ten (10) working days after delivering a copy o£ the
+� affidavit to the officer, the Clerk and Recorder
A� shall issue a petition for recall.
� 7.3.2 The petition shall include the statement of reasons
for requesting recall and the of£icer's statement
of justifica.tion, if there be such a statement.
The petitioa must thereafter be signed by qualified
electors numbering at least twenty-five percent
i25$) of the total number of votes cast at the last
election for all candidates for the position which
the officer sought to be recalled occupies.
�' 7.3.3 Each signer of a petition shall sign his or her
,� • name, and after his or her name, print his or
her name, the date, and a petition address.
�� 7.3.4 The signed recall petition shall be filed with the
' ii Clerk and Recorder within sixty (60) days after
' s; issuance of the petition. If the petition is filed
� within the time specified, and if it complies with
;; the requirements of this Charter, the Board shall
�<< set a date for a recall election to be held within
' sixty (60) days, unless a general, primary, or special
�'� election will be held within one hundred and twenty
, �� (120) days following the filing of the petition,
in which event the recall election shall be held
�" at the time of that general, primary, or special
�.'
election. On each separate page of the petition
shall be attached an affidavit by the circulator �
�,: thereof, stating the number of signers and affirming `
i. that each signature is the genuine signature of
�;; the person whose name it purports to be, and that
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it was made in the presence of the affiant and that ±:�
each signer has stated to the circulator that he :F
or she is a qualified elector of the County and �
has read the petition. �
7.3.5 All petitions shall be deemed and held to be ��
sufficient if they appear to be signed by the requi- id
- site number of signers, and such signer shall be �
deemed and held to be a qualified elector, unless a
• protest in writing under oath shall be filed with �
the Clerk and Recorder by some qualified elector,
within fifteen 15 da s after such �� .
( ) Y petition is filed, ,
setting forth specifically the grounds of such protest.
In the event of such protest, the Clerk and Recorder
shall forthwith mail a copy to the person or persons
named in such petition as representing the signers
thereof, or if none, to the circulators, together
with a notice fixing a time for a hearing of such
protest, which hearing shall be not less than five
(5) nor more than ten (10) days after such notice
is mailed. All hearings shall be before the Election
Commission, and all testimony shall be under oath.
Such hearings shall be summary and not subject to
delay, and must be concluded within thirty (30)
'��� days after such petition is filed, and the results :
� thereof shall be forthwith certified to the person
ji or persons named in the petition as representing
L the signers thereof, or if none, to the circulators.
:�
�� 7.3.6 The finding as to the sufficiency of any petition
�+ may be reviewed forthwith by the Election
� Commission, upon application of any person affected,
' ' but such review shall be had and determined forthwith.
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�j 7.3.7 In case the petition is not sufficient, it may
�, within fifteen (15) days thereafter be amended
i� and refiled as an original petition.
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): 7.3.8 There shall be printed on the officiaZ balZot,
as to every officer whose recall is to be voted
- on, the words, "Shall (name of the person against �
whom recall petition is filed) be recalled from
the office of (title of office)?" The reasons �
for recall, together with the officer's statement '�
of defense, shall be on the ballot in accordance �
�: with State law. The ballot sha1Z provide for a
I' "yes" or "no" vote. �
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7.3.9 If a majority of those voting vote in favor of
recalling an incumbent, the incumbent shall
thereupon be deemed removed and the vacancy
shall be filled as provided in this Charter,
or by applicable statute. _
7.4 Withdrawal of Petiti.or.s -
Any petition for initiative, referendum, or recall may be
withdrawn prior to the setting of an election if a majority
of the persons named in the petition as representing the
signers thereof, or if none, a majority of the circulators, --
formally request withdrawal.
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ARTICLE VIII - MISCELLANEOUS
8.1 Amendment or Re eal
The procedure to amend or repeal the Charter shall be as set
forth from time to time in applicable statute, which presently
provides as follows:
8.I.1 Action to amend a charter shall be initiated by:
5.1.1.1 A petition signed by at least five (5$)
percent of the registered qualified electors
of the county, or
8.1.1.2 A resolution adopted by the board o£ county
commissioners submitting the proposed amend-
ment to the qualified electors.
8.1.2 Action to repeal a charter or to form a new charter
commission may be initiated by a petition signed by
at least fifteen (15�j percent of tfie registered
qualified electors of the county.
8.1.3 Within thirty (30) days of initiation of a proposed
j_ amendment, repeal, or charter convention measure, the
Board shall publish natice of and call an election to
be held not less than thirty (30) nor more than one
i hundred twenty (120) days after said publication.
i The text of any proposed amendment shall be published
� with said notice.
': .t. _
� 8.1.4 If the proposal is for a charter commission, the
� election shall be scheduled at least sixty (60� days
� after publication oE the notice. The procedure for
the forming and functioning of a new charter commis-
sion shall comply as nearly as practicable with
� provisions relating to formation and functioning of ;
an initial charter commission.
� � 8.1.5 If a majority of the registered qualified electors
voting thereon vote for a proposed amendment, the
amendment shall be deemed approved. If a majority
of the registered qualified electors voting thereon
vote for repeal of the charter, the charter shall be .
deemed repealed and the county shall proceed to
�' organize and operate pursuant to the statutes appli-
� cable to statutory counties.
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8.2 PubZic Meetin s
8.2.1 All actions, deliberations, and hearings of the
� Board and the Citizen Boards and the Caucuses,
except actions and deliberations relating to the
matters exempted in Section 8.3, shall be open
� to the puk�li�. Executive sessions (non-public
meetings), except as specifically permitted by
. Sectioa 8.3, or by the Public Meetings Law as
Erom time to time amended, shall not be held.
8.2.2 The time, date, place, and agenda of such meetings
shall be stated in a writing available to the -
public in advance of such meetings.
. 8.2.3 Meetings shall be held within the County at a
convenient time and place, or with regard to the
Board, as provided by applicable statute.
8.2.4 A quorum shall consist of a majority of the
membership.
8.2.5 The Board, the Citizen Boards, and the Caucuses
'%; may conduct study sessions at which no action
` i or agreement, formal or inEormal, may be taken.
Study sessions shall he subject to public notice
E
where practical and shall be open to the public.
8.3 Public Records
All the papers, records, and deliberations of the County
' � and alI records kept by the County pursuant to law shall
�� be available for public inspection, and for reproduction
at a reasonable cost, to be set by the Board, during normal
business hours, except:
� 8.3.1 Personnel records, documents, and deliberations;
8.3.2 Records, documents, deliberations, and communica-
tions protected by the lawyer-client privilege;
8.3.3 Any other materials that by law are confidential.
8,4 Personnel Resolution
i
The Board shall adopt and may amend from time to time a
persannel resolution, bindinq all County departments and
employees, includinq other elective officials and their 4
departments, addressing the following: �
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8.4.1 Members of Citizen Boards: Conflicts of interest; ' `
an application and recommendation process for use 4
by a personnel director; removal for cause,
reimbursement; special qualifications for service
on a Citizen Board consistent with the Charter,
and non-discrimination.
8.4.2 Employees of the Administration: Conflicts of
interest and pola.tical activity; working hours
_ and conditions; compensation, benefits, and
retirement programs, by step or grade; a
grievance procedtire; a merit employment system,
which may have exemptions for temporary or
probationary employees, non-discrimination hiring,
promotion, demotion, discipline and termination;
special qualifications forc certain positions,
consistent with the Charter.
8.5 Purchasing Resolution
The Board shall adopt, and may amend from time to time, a
purchasing resolution, binding all County departments and
employees, including other elective officials and their
_ departsnents, addressing the following:
8.5.1 Goods or services which must be put to bid,
and the procedure for advertising and selecting
bids.
8.5.2 Procedures for negotiating for goods or services
not put to bid.
8.5.3 Procedures for payment of the County's bills and
accounts; provided, however, that no monies may
be appropriated or paid unless first authorized
in the budget, or by applicable law.
8.6 Conflicts of Interest
8.6.1 Conflicts of interests and potential conflicts of
interest, as defined by applicable statutes, between
public responsibility and private interests of any
elected official, any member of the administration
or other public body of the County, shall be avoided;
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where avoidance is not possible, full disclosure
in writing shall be made to the Board as otherwise
provided by applicabZe statutes. Such disclosure
: shall be part of the public record.
' 8.6.2 Misuse of official information, as defined by app2i-
cable statutes, by any elected official, any member
_ of the administration or other public body of the (
County shall be prohibited, f
� 8.6.3 The members of the public shall have those remedies
as provided by applicable statutes for such conflicts
of interest, non-disclosure of potential conflicts of
interest, and misuse of official information. - ^.`,
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TO: Board of County Commissioners )
for Pitkin County ) s
,
FROM: Herbert S. Klein )
� � i
s! DATE: January 20, 1978 ) AFFIDAVIT !
+ �
j RE: Administrative Delay - ) (
! Pfister Subdivision Filing #1 ) �
� �
� i
The undersigned after bei.ng duly sworn upon oath deposes i
and says:
1. My name is Herbert S. Klein, I am an attorney
representing Arthur Pfistez, the Applicant for the Pfister
Subdivision Filing #1.
2. The following is my best recollection of the events
immediately surrounding the filing of the above-referenced
subdivision application.
3. On December• 23, 1977, at approximately 4:00 P.M.
I phoned the Planning Office and spoke with ICaren Smith. I wanted
to discuss the Pfister Subdivision Filing �1 application with her
I
as the application was complete and ready for filing. Raren stated
that she was the only one in the office, that there had been �
parties going on due to the Christmas holiday for quite awhile and
that she really did not want to get into it at that time. I said
that I merely wanted to set up a time for a meeting with her and �
other Planning officials as soon as possible after the application 4
was filed. Raren stated to me that the application might not get ` �
processed. I asked her the basis for her comment. She stated that I
she had been talking with the County Attorney concerning the �
adoption of an administrative delay ordinance which would forestall
the processing of applications pending the adoption of a proposed �
i
chanqe in the Land Use Code requiring subdivision applications to '
i
be- filed in 3une of each year. I asked Karen if the Commissienexs , �"
had acted in any way on the proposed Land Use Code change. She i
stated that they had not. I asked her if the Commissioners had I
E
i
acted in any way on the described administrative delay ordinance. !
i
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Board of County Commissioners i
� Page two i
2 January 20, 1978 �
e
�
j She stated that they had not. I asked her ih that case what
� authority did she have for stating to me that the application
would not be processed. She stated that she did not know but would I
r
be meeting with the County Attorney the following week and i
� would get back to me with some response. I had no further contact
with Karen until December 29, at the hour of approximately 2:00 P.M.,
� when I filed the above-referenced subdivision application. At that
tir:e Karen stated that the application would not be processed. I
asked to talk with Bill Kane, the Planning Director. I discussed
the matter with Bill and asked him to tell me his authority, if
any, £or the statement that Karen had made to me that the
I application would not be processed. Bill stated that he was not .
1 aware of the authority and that i could assume that the application
would be processed as of that date.
Further, the affiant sayeth not. �
, . �
/_• / �
�• Y�'`�—�`� �'�/ �
Herbert S. Klein, A.R. �5803
720 East Hyman Avenue, Suite 301
: Aspen, Colorado 81611
(303) 925-2710
STATE OF COLORADO ) �
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this Z O day of , 1978, by �K�K..
i
WITNESS my hand and official seal. i
.i 1,` �','-•.
�� My commission expires: �2��2 �zJ . +
. .S�.A.L:
' ' �
� Notary Publi
�
1
i
5
2
". �. .. ,e.. _..r..ay,...,. --- _...... . ,. . � .
33?�_�C�,:_:•.`- .
�r':;.i4'.i;`}
1978 BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING EXHIBITS
January 23, Aspen River Valley Ranch A Memorandum Dated January 19, 1978 from Bill Kane to Board
1978 Deer Meadow of County Commissioners
B Memorandum Dated January 18, 197$from Bill Kane to Board
of County Commissioners
Ambulance Regulations C Memorandum Dated January 12, 1978 from Sandy Stuller to
Board of County Commissioners
D Letter Dated December 20, 1977 from Edward Mulhall,Jx.to
Sandra Stuller
E Letter Dated January 19, 1978 from Glen Scott to All
Concemed
F Essential equipment fnr Ambulances -by the Committee on
Trauma,American Colle e of Swrgeons
BOARD OF COUNTY COMMISSIONERS 3 1978 EXHIBITS TO MINUTES
' ' sonxn oF co. cor�•x�s
' PITKIN C0. �.
Public Heariag Exhibits
Date , �_�p�,�:��
, M E M 0 R A N D U M sub�oct : � 1��,��f-G-7C�/�l
Exk+. No.: EXHIBIT ��
. � �
T4: Pitkin County Board of Cpunty Comnissioners � . $�
FROM: Planning Office, Bill Kane
RE: Gener�i �5ubmission for Subdivision of Lot 14, Aspen River
, . Valley Ranch
DATE: January i8, 1978
- - � _ �
• This request fs quite similar to the 7ot split request for Lot 2 of
_ the Aspen River Valley Ranch. This property consists of 40.5 acres which
is proposed for an even spiit of 20.26 acres for each of two Tots. Piease
find attached a menw dated, November 25, 1977, from the Planning Office, .
' Karen Smith ta the County P&Z containing numerous comnents and recommen-
_-�tations for the site. This request was considered by the County Pianning
� Cortmission on November 30th and was recomnerided�for approval subject to
�- ttie following conditions: 1) that the numerous testing requinements for
� -_the proposed wetts for both iots be met prior to detailed submission;
` - 2).-that the site envelopes of buildings be located with more specific
" . ,. _-__��ietait-so as to avoid an alluvial fan present on the site and any
. � potential mudfiow from Cerise Gulch. This recomnendation also requires
-� -- ----�--=�---that--building sites be located within the inmediate proximity of the �
" -County road so as to eliminate the need for additional road construction
- ".- in the area and provide for an adequate site for septic drainage. Bob
_ - . Nelson has studied this site in some detail and recomnends that septic
_ .__systems be placed below contaur line 6950; 3) utility easements and
_.. ._._ __. . _certified plat survey �e met prior to• detailed submission; 4j is added
at this point at our suggestion, that the minutes don't r.eflect this
condition having been specifically made by PbZ but tfiat would be a �
_._._.-�deed covenant to prohibit further subdivision of these two lots. As
-- - ----wtth-the case of Lnt 2, it i5.our belief that this project can.technically
-- not proceed any further until there has been a clear amendment to Sectiort •
--• '�` '5:•�of the land Use Code unless the applicant, on Monday, is wiliinq
to �ter into some agreement to satisfy the 50% requirement for low and
�moderate income housing. As with Lot 2, we are suggesting that this
-' request be tabled and the hearing continueci pending a report back from
the Planning and Zoning C�roission as to their recomnendations on d
_provision to exempt lot splits from zones AF-1, RS-20, RS-30 and RS-160.
- ;•_�We wiii provide detaiied maps of the area at Monday•s meeting. -
lmk -
encs.
.
._. ;:�,.�:_:_. _ . . .
..-._ . .._:-. ' �.�: � . .
MEMOF2ANDUM
TO: The Board of County Commissioners BoARD �' ' •• ':;..�'R�s
FI;t:'-: itn.
FROM: Sandy Stuller �� �biic t�.::u•�s,� �xhibits
Duto . ....�.:�_? •7�
RE: Ambulance Regulations sub � ' _�'P /�Q,�'�
DATE: January 12, 1978 Ez2 .EXHIBIT �
� V
Gentlemen: �
On Monday, January 23rd. , there has be earing
on proposed ambulance regulations for Pitkin County services. You
will recall that, with the adoption of S.B. 454, you are required
to license all ambulance services located in Pitkin County; and,
while the bill sets certain minimum requirements for staff and
vehicles, you are permitted to establish more stringent require-
ments if you desire.
The law required that all services be licensed as of Janaury
lst., and, inasmuch as we did not have sufficient time to adopt
permanent regulations prior to that deadline, you adopted a tempo-
' rary regulation on December 28th. Under that regulation several
services were licensed (pending adoption of a permanent regulation) .
These were:
1. Mountain Ambulance- 4 vehicles operated during the
winter months only-based at Aspen Valley Hospital.
2. Mid-Continent ambulance- 2 vehicles based at the
Company's District Office in Redstone.
3. Aspen Valley Hospital- 2 vehicles based at the new
hospital site.
4. Perini Corporation- 1 vehicle based at the Hunter
Creek Tunnel.
5. Snowmass-Wildcat Fire Protection District- 1 vehicle
based a firehouse # 1.
Carbondale Ambulance and Basalt Rescue were not license inas-
much as, although they operate in Pitkin County, they are not based
here. Anschutz did not register their one vehicle because it was
the opinion of their counsel that S.B. 454 did not include within
its scope ambulances that were not regularly made available for
public ambulance service (I disagree) .
In any event I have attached for your use at the hearing
(1) a very simplified resolution which includes the minimum require-
ments for licensing under S.B. 454 (2) a more complex resolution
covering more areas of concern (this was the draft made available
to the public) (3) a letter from Mid-Continent for the hearing
(4) and the latest list of essential eguipment published by the
American College of Surgeons Committee on Trauma. ;
PLEASE NOTE:that S.B. 454 does not reguire that ambulance
attendants be EMT's - that is, while you set standards of qualifi-
cations for attendants, they need not be EMT's unless you so pro-
vide. But if you do require that they be EMT's, the EMT's must
be certified by the Department of Health.
EXHIBIT
DELANEY Be BALCOMB � /"�
ATTORNEYS AT LAW I��
� DRAWER 790 �.
GLL•NWOOD SPRINOS�COLO$ADO B1001
R09CRT b[LANCY
K�NNCTM DALCOMO
JOMNA.7NUL90N
6DWARD MUIHALL�JR. BI6 COLORADO AVENUC
pOBGRT C.CUTTER December 2� C� '�^.� T�IEPHONC 9<8-0646
BG07T M,BALGOMO / ��1�N�U OF C�• CO1itt�t 1 R��REA COOE]03
PITKIN C0.
Publio Hoarfn� �xhibits
Sandra Stuller, Esquire pate . ._,(.:,_��;7�_
Pitkin County Attorney Sub�ect : .,�j�7..���.1�1.�C'C' ��� �
Pitkin County Courthouse F� � ,
Aspen, Colorado 8I611 �-'=t1. No. : ._...... �' ._... `
re: Ambulance Service Application --
Mid-Contin�nt Coal and Coke Company
Dear Ms. Stuller:
Enclosed is the temporary application on behalf of Mid-
Continent Resources, Inc. , d/b/a Mid-Continent Coal and Coke
Company, filed pursuant to Senate Bill No. 454.
I sincerely believe that the ambulance service provided
by Mid-Continent for the benefit of its employees, under both
a collective bargaining agreement, sanctioned by the National
Labor Relations Act and by the Federal Coal Mine Health and
Safety Act of 1969, as amended, and its pertinent regulations,
30 CFR �� 75.1713 through 75.1713-7, is beyond the thinking which
predicated Senate Bill No. 454. This is an industrial, non-public
service required and completely regulated by the Mining Enforce-
ment and Safety Administration (MESA) .
We certainly have no quarrel with the need predicating
Senate Bill No. 454 which developes certain minimum standards
for ambulance safety and care, particularly the private for-hire
ambulance service.
I have enclosed a copy of the pertinent MESA regulations.
' As a review of these regulations will disclose, the ambulance
requirement is but a part of a more comprehensive plan and pro-
gram which is controlled by MESA. The actual program embodies
a written plan which was prepared by Mid-Continent and submitted
to MESA for review and approval. A copy of the approved plan is
on file in the MESA District Office, Glenwood Springs, Colorado.
We do not believe that Mid-Continent is, within the mean-
ing of Senate Bill No. 454, providing an "ambulance service, " §
' . . . . . . . ._.. .
Sandra Stuller, Esquire February 20, 1977
Aspen, CO 81611 page two
25-3.5-103 (3) . First, Mid-Continent's ambulances are provided
under the requirements of other law and regulations. Second,
Mid-Continent's ambulances are not availabZe to the general
public. Third, Mid-Continent's ambulances are not in the busi-
ness of providing such service to the general public.
You recognize several aspects of the industrial-employee
ambulance vis-a-vis the for-hire to the general public distinc-
t;ion in Part IV of the proposed resolution, i.e. "call jumping" ,
failure to respond or transport, "padding" or overcharging for
services, and the Iike.
We have no quarrel with the concepts of on-board vehicle
equipment requirements; these are essential, common-sense require-
ments, and I believe Mid-Continent' s ambulances are as good as,
if not better than, similar ambulances in the State except, per-
haps, those intended for v� specialized transportation care.
Among the approximately 450 employees of Mid-Continent, presently
76 are EMT trained and qualified to attend to injury both on-site
or underground as well as emergency transport of employees.
The major concern is that of conflicting requirements.
For example, the proposed regulation requires the transport of
the person hiring the ambulance service to be taken to the hos-
pital of the person's choice. Under the collective bargaining
agreement between Mid-Continent and the Redstone Workers Associa-
tion, the NLRB certified collective bargaining representative,
the Labor Agreement requires that an injured employee be taken
to the nearest, proper hospital facility, which further ties in
with the requirements of 30 CFR § 75.1713-1 (a) of arrangements
for 24-hour emergency medical assistance.
I find a number of curious provisions in Senate Bill No.
454. Section 25-3.5-301 (2) (b) requires that the ambulance be
staffed by at least two persons, at least a driver and an atten-
dant. Section 25-3.5-202 requires that the driver, who hopefully
is driving the vehicle, have a Red Cross advanced (40-hour) first
aid card -- how will the driver help the patient? The attendant
is described as "emergency medical personnel" which is not defined
in curious distinetion to an "emergency medical technician" (EMT)
which is defined in Section 25-3.5-103 (8) . Perhaps the cut-and-
paste of the legislative process lost something en-route. Unless
� �
. i.
Sandra Stuller, Esquire December 20, 1977
Aspen, CO 81611 Page three
the driver has an accident and kills the attendant (who is, pre-
sumably, an EMT or at least has advanced first-aid certification) ,
I fail to see how, under the concept of Senate Bill No. 454, the
actual driving of the ambulance is benefited by the first-aid re-
quirement. More logical it would seem that the driver should be
qualified to operate the vehicle, and the attendant, treating the
patient being transported, should have at least minimal first-aid
training.
Taking the matter a step further, the licensing requirements
for ambulance drivers could, theoretically, so far as Mid-Continent
is concerned, involved each of the 76 certified EMTs, plus person-
nel with advanced first-aid certification. In the industrial-emer-
gency service this points out a dichotomy between legislative purpose
and practical application.
I suggest a revision of the proposed resolution which speci-
fically exempts "industrial ambulances" which are covered by the
Federal Coal Mine Health and Safety Act, 30 U.S.C. �§ 801, et seq. ,
as amended, and pertinent federal regulations.
An important limitation, under the aegis of Senate Bill No.
454 and the concerns of the County, would be that "industrial ambu- .
lances" are not available "for hire" or to the general public. The
special use, employee protection and service, is a matter of other,
pertinent (perhaps superseding) pre-emption and regulation.
Please consider the enclosed application subject to potential
protest. Mid-Continent would like to be heard at the time of the
public hearing on the proposed resolution.
Very truly yours,
DELAN & BA COMB
BY
Edward Mulhall, Jr.
EM:ab
Encl.
. f.
:ral Resources . �
�?5.1713 Emergene� tnediesl usiat• !
ance;fiest-aid. _
. • i
ISTAiIIIORY F�tOYL520�5� �
Each operator shall meke arranSe- �
ments fn advance for obteinl.n3 emer- . ; �
6ency medlcal asslstance and transpo:- { '
tetlon for in)ured persons. Ea:ergenc7 9
communicnUons shall be p:o::ded to the �
neare.�t point of ssslstaace. Setected
� agents o1 the operator shall be �ained �
In flrst-sid and flrsE-aid trainL��saall be
made available to atl miners. Each coal
mtne ahail have an adeqt�ate supplY of -
flrst-aid equlpment located o� tae sur-
�face,at the bottom of shafts and slopes, .� .
and at other stratesic 1ccaUoas nsar the
worktno faces. In tulflllin3 each of the
requirements ot thissecLlon,ta�operator
ahall meet at least minimu� rectu:re- �
ments prescribed by the 5eccetars of �
Health, Educatioa, and �Deif2:e.
§?5.1?13-1 Arrangement� for emer- �
• gency medical aseistance and traru�- g � .
po�talion for injured peraons;agreer .�
menb;eeporting requirements;post-
ing requiremenu. � .
(a) Each operator oi an undergraund ' .
coal mine shall make arrangeraents�ith
a licensed physician. medical service, .
• medical cltntc,or hosaital to pro��ide 24- � �
hour emergency medical e..�s+stance for 'i
eny�erson injured at the mine. . _�
(b) Each operator of an un3erdround •�
coal mine shall make arrange�eats with
an ambulance sen�tce,or otherr,-L-e pm-
vide,for 24-hour emergenc3 t�-��- 3
tton for any person in�u:ed at the m!ne. - '
(cl Each operator shall,on or before �
December 30,1970,report to t�e IJ:strict
Manager for the district in c:hich the �
mine'Ls located the name, title and ad- - �
dress of the physiciau, medicz] servlce. •
medice] clinic, hospital or aaibulance
seryfce with whom arrangemeats have •
been made.or othersvlse procided,tn ac-
cordance with the ptovisioas of para-
graphs ta) and cb) of this ;i5•1i13-1.
(d? Each operator shaIl, withia 10 � '
days aiter any chanBe of the arranse- '
ments required to be reported under the • •
provisions of thls 4 75.1T13-1,report such � .
changes to the District lianager.FL such •
changes involve s subsUtut!on o! pe;- � •
sons, We operator shall pro�-tde the
neme, tltle, and address o! the persoa .
substituted together vcith the name aad .
address ot the medical sen�lce, medical �
cltnic, hospital, or ambtilsce �ervice
with which such person oz persoas are ` "
sssoclated. �
30 � o
., r
Chopfer 1—Mining Enforeemenf, Safefy Admin. 5 75.t713-7
(e) Eech operator shall, lmmediateb able to newly employed miners withia 6
aiter maklnS an arraneement requlred • months aiter the date of emploqment .
under the provlsions of paraSraphs (a) �75.1713-5 Fi�st-nid troining program:
and (b) of this ;75.1713-1. or imme- , retraining o[sup ervfwry cmployees:
dlately after eny change of such ar- wvailabili��to nll mincrs.
rangemenE, post aE appropriate pinces $eginnin(t January 1,ii171.cach oper-
at the mine the names, titles.addresses,
and telephone numbers of all persons or a�r ot an undereround coal mine shall
servtces currenWy available under sucb conduct refresher flrst-ald training
arrangements to provlde medlcal esstst- course9 each calendar year tor aII se-
snce and transportatloa at the mine. �ected supervfsor9 employees, and make
§T5.1T13-2 Emergenc� commnnica- available reiresher flrst-aid training
�ione:requirem�ne�. courses to all miners employed in the
mine.
(a) Each operator of an underground �75.1713-G Firsl-aid trnining proo am:
Cos1 mtne ShBll estsbltsh atld maintetn minimum rcquiren�cnt�..
a communicatton system lrom the mine
to the nearest polnt of inedical asslstance <a) AlI flrst-atd training programs re-
. for use !n an emergency. 4uired under the provlsionsof¢4 7b.1713=
(b) The emergency communication 3 and 75.1713-4 shaII include 10 class :
system requlred to be matntained under hours of training!n a course oL irutruc- i
paragraph ta) of this�75.1713-2 may be tlon sim[lar to that outlined in"First Aid, �
established bq telephone or radlo trans- A Bureau ot Mtnes Instruction�ianual:'
misslon or by any other means ol pmmpt �b) Refresher Hrst-aid tratning pro-
communication to any facility (for ex- Brams required under-the provfsions of
ample, the local sherlg,the State high- 4 75.1713-5 shall lnclude flve cia,cs h�urs
nay patrol,or local hospltal) which has at refresher training in a course of !n-
available the means of communication structton s3m11ar to that outlined in
vclth the persoa or persons providing "First Aid, A Bureau of Mines Instruc-
emergency medical assistance or trans- tton i�2anual" � •
portation !n accordance with the pro- �75.1?]3-7 First-aid equipmcnt; loca-
vislons of 4 75.1713-1. Gon;n�it�imum requirements.
�75.1713-3 Fine-a�d crn;oine; super- (a) Each operator of an anderground
visory cmplorees. coal mine shall zrisintain s supply oi the
� On or before December 30, 1970,each �rst-aid equipment set forth in para-
operator of an underground cosl mine graph tb) of this �75.1713-? at each oi
sha11 conduct Srst-aid trainiug caurse� �he following locations: �
for selected supervisory employees at the �l) At the mine dispatcher's office or .
mine, and report in writing to the Dis- other appropriate work area on the sur-
trict Manager.the names and Job Litle+ tace in close proximitq to the m[ne entry;
(2) At the bottom of each regularIy
of all supervfsory employees so Erained traveled slope or shaft; however. �here .
Thereatter, each operatar shall, �rithin the bottom of such alope or shaft is not •
60 days after the selectton of a nea� more than 1.000 feet irom trie surface,
supervisorp employee to be trained. re- "sach Arst-aid supplies may be maintained
port in writing to the District Manager on the surtace at the entrance to the
the name and Job tltle of such employee �[ne;and '
and the date on whtch such employee �31 AL a point in each wor:�dng sec-
satisfactorily completed a Srst-sid train- tion nut more than 500 feet outby the .
. tng course. active workin8 face or faces.
(b) The Srst-aid equipment required
�75.1T13-4 Fir�t-aid trnining prngram: to be maintained under the p:ovisiors of
avoila6iliqr of inetruetion to all paragr8ph (s) of this �R5.2?13-7 shall
rniners. lnclude at least the following:
. On or before June 30.1971,each oper- (1) One stretcher;
etar of an tu►derground coai u;ine shaU (2) One broken-back board. (If a .
make available to all miners empioyed in splint atretcher combinatton is used it
the mine a course of instruction In Srst- will satlsty the requirements of hoth (11
atd conducted by the operator or under and(2)). �
the auspices af the operator,and such a t3) 24 trlangular bandages (15 i1 e
course of instruction shall be made avail- spllnt-stretcher combinatioa is used).
� 431 � � �
i
i
,
i
. I
;
. . ......,_. . . ., -r r���U��m�nt+�wta+�wuri�mivr�i �^��+�
_ - - ..._s�.�.��----
, ' ---�;---
bOAAD OF CQ. COMM'R'S
� � •:' ' PITKIN C0.
Pub11a Hearing Exhibits
' � t .:, - •Dnto . _ !...�C..:CL-
�---�-^�--�---�-----� ° � sub3ect `�
. ... .:..'r;
; ��`.�"` Er_h. xo. EXHIBIT
. � �
January 19, 1978
MEMORANDUM .
. T0: A11 Concerned
FROM: Glenn Scot
SUJBECT: Ambula ce Resolution
The attached resolution, with any changes you suggest, will be presented
to the county commissioners, Monday, as our recommended substitute for
the resolution proposed by the county. � .
Paragraph 3 is inserted to establish the Advisory Committee.
Some question still exists with regard to paragraph 2(d). The
• way it is presently worded, ambulances would be manned by two
persons who would be qualified drivers only. The apparent intent
of the state law is to require that there be two persons in the
ambulance, both of whom are qualified drivers and that one of them
also be an attendant with the minimum qualif ications of EA1T.
Both ambulance services in Aspen meet the latter in staffing
standards. The question is do we leave 2(d) as is or reword it
to be consistent with the standard we presently maintain? Please
advise if you think 2(d) should be changed.
Please give me a call before Monday, 10:00 A.M., with the changes
you wish to have included.
Thanks z�r your help.
GS/meb
distribution: C. Chaffee, M.D. ' E. Sondeen
F. Cipriano, M.D. B. Jarrett
R. Oden, M.D. C. Signor
J. Freeman, M.D, M. Patton
� R. Kirk, M.D. S. Stuller
aspen valley hospital •0200 castle creek rd.• box H•aspen,colo.81611 •303 925-1120 �
. � �
� .
., .
. I�SOLUTION OF TfIE IIOARD OF CO[ii1TX CO2•S�dISSIONL•'RS OF PITKIN �
. COUN7'Y, COLOI2AD0, ADOPTI[�1G STANDAFDS FOR Eb1ERGENCX NiEDICAL•
• SERVICES PROVID�D IN SATD PITKIN COUNTY,COI,ORADO '
• • Resolution No. 78- ' •
WfIEREAS, the General Assembly, at the First Regular
Session of the Fifty-first General Assembly, enacted the �
Colorado Emergency t•Iedical Services Act, being sections
25-3.5-101 t)irough 25-3.5-506, C.R.S. 1973, and ; ,
{�FIEF2GAS,. the legi'slative directive contained in said
Act is that the Boards of County Commissioners of each
'Colorado County shall adopt standards, requirements and
procedures for the provision of emergency medical services
within each county which shall best meet local needs, and
WHEREAS, the Boaxd has considered the_ minimal re-
quirements o£ the Act, finding them to meet the needs of _
� Pitkin County residents.,and wishes to adopt these minimal •
. requirements as the County's local regulation,
; ' NOT9, TtiEREFORE, BE IT RESOL`TD by the IIoard oi County
Commissioners of Pitkin County, Colorado, that the following
, emergency medical service st�::�dards, requirements and pro-
cedures are hereby adopted for Pitkin County, C:�lora...c�:
, � 1. Beginning on January l, 1978 ( or the effective
date o£ this resolution, v�hichever is later) ; no person
sha].1 provide public or private ambulance services withii.
Pitkin County unless that person holds a valid license
to do so issued by: • �
� . �(a) The Board of CQUnt� Co�r�mi�sioners of Pitkin
• County for any ambulance service based in
Pitkin CountZ•; or
(b) The Board of County Commissioners of the .
county in whi.ch such ambulance service is
� based, if othcr than Pitkin County. •
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% .. 2. �ny person operating an ambulan�e service coming within
� the scope o.f this regulation shall apply for necessary authority
, to do so by making application to thG Board of County Commisioners
• . who shall approve the operation of the ambulance service upon '
� its being satisfied that the service meets the following re- . '
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• quirements: . (
� (a) Each ambulance shall have passed the s�ate � ^ �
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motor vehicle inspection within the past year.
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(b) Each ambulance shall contain equipment which . . ;
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� • . ' meets or is equivalent �to 'the minimum require- •, � � • .
' ments set forth in the latest edition of the• �
� � American College of Surgeons Committee on Trauma
publication "Essential Equipment for Ambulances."
• (c) Each ambulance is covered by a complying
� � policy as defined in Section 10-4-703, C.R.S.. i
� 1973. . ' . .
� (d) Each ambu2ance will be manned by two or more '
' � ` �, individuals, including the driver, authorized � �
. ��j, � to operate the ambulance (except under unusual '
� � circumstances when only one authorized person • •
��Y '��s available} . :
��`� ,i��(e) Each ambulance driver will possess a valid
� Colorado driver's li:ense and a current American
. � � =;�� -
• Red Cross advanced cGrd.
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�v • �"��✓ 3. A committee shall be appointed annually to act in an advisory �
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AJ`�" capacity to the Board. The committee shall be composed of the following:
�,�
�a. President of the Medical Staff, Aspen Valley Hospital
b�Chief of Surgery, Medical Staff, Aspen Valley iiospital
c,-' Chairman, Emergency Room Committee, Aspen Valley Hospital
�,i..
d� Medical Health Practitioner, at large
e. Medical Health Practitioner, at large �
The President of the Piedic3l Staff shall act as Chairman of the committee .
which sha21 be known as Che Ambulance Advisory Committee. ��.y
. � .
The duties of the committee shall be to:
a. act as an advisory body to the Board in ruling on interpre-
tations of requirements set forth in paragraph number 2;
, b. assist the Board in making decisfons where medical opinion
is required in any question relating to the operation of
amb.ulance. services in Piktin County;
c. advise the Board on proposed changes or amendments to Colorado
Medical Services Act and proposed changes or amendments
Co this Resoluti)n. S �/,,, s r��l�)��.-j'
�„t��
�C�� ��- L, �,. $�d•� �3' S�5 5�`'�-`��. — �" E�n ��v e' .1 r"Y
- � � t�, � �Cl,VA�Jwn� �.��.-t:.� ,- :
• 4, The noard of County Commissioners shall issue a license
� to the applicant to pzovide ambulance .service and a permit"
for �ach ambulance used (both of V�hich license and permits
shall be valid for t��relve (12) months from the date of issue)
upon a finding that the applicant's staff, vehicle and equip- . �
ment comply with the foreyoing requirements. Any license or •
permi.�, un7.ess revoked by the Board of County Commissioners,
map be renewed by the Bo�irc3 on fi2inq of an application as in
T3� -
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the case of an oriyinal application for such license and permit.
/
Applications Eor renewal shall be filed annnally but not 2ess
: then thirty (36) days before the•date the, license or permit , ,
, _ . expires. No license or permit issued pursuant to this regu-
lation shall be• sold, assigned or otherwise transferred. • .
• � �5.. The Board of County Commissioners may grant .a con- �
. ditional license ta att ambulance service if such service
is not, at the time of• initial application, in compliance • •
. with the requirements of this regulation. The•conditional• . . •
license shall be valid for not less than thirty, nor more " '
than ninety, days and granted for the purpose of permitting .
the applicant an opportunity to bring the service, staf� or
vehicles into compliance. No conditional license shall be
• ' issued to an ambulance service beginning operation after
January 1, 197II. Such conditional license sha1l require
the applicant to provide the Boaxd of County Commissioners,
within thirty (30) day�; of issuance, with either a written
plan oE action for, or evidence o�, compliance with this regu- .
. �_
� • lation. •
_ '6., The provisions of this regulation shall not apply to
. any of the £ollowing: . '
(a) The e�ceptional emergency use of a piivately
' of publically owned vehicle, including search
'. � and rescue unit vehicZes; or aircrart not '
. ordinarily used in the formal act of transporc.ing •
' , patients. '
" . � • � � _. i
•{b)A vehicle rendering services as an ambulance
j
. in case of a major catastrophe or emergency �
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when ambulances with permits based in the area
of .the catastrophe or emergency are insu�ficicnt
to render the services required.
. _4_ •
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(c) AtAbulances base� outside this state which
. � ' are transporting a patient in Colorado.• ,
� • (d) Vehicles used or designed for the scheduled "
• transportation of convalescent patients, �
. handicapped individuals, �or persons who � •
would not be eYpected to require skiZled
treatment or care while in the vehicle,.
(e) Vehicles used solely for the transportation .
• of intoricated persons or persons incapacitated
. by alcohol as defined in Section 25-1-302, ' •
' • C.R.S. •1973, but who are not otherwise disabled
• or seriously injured and who would not' be ex- .
' •pected to require skil�ed treatment or care '
� while in the vehicle. •
'7,: Upon a determination by the Board of County�Commissioners �
� that any person has violatecl or failed to comply with any
� �rovi,sions oE this regulation, the Board may .temporarily
, suspend, for a period not to exceed thirty (30) days, any �
• license or permit issued pursuant to this resolution. The
' ' ' licensee shall receive wri.tten notice of sucti temporaxy sus- '
pens'ion, and a hearing�sha21 be held no Zater than ten (10)
days after such temporary suspensio::. After such hearing, ' -
� • the Board may suspencl any license or� permit, issred pursuant �
to this reso2ution, for any porta.on of or for the remainde� '
' of its liie. At the end of such period, L-he p�rson who"se
' lic�nse� or permit was suspended may apply for a new license '
� or permit as i_n the case oF an original application, U�on
a second violation or failure to comply Fiii:h any provision .
of this regvlation by any licensee, the Board of County Com-
, missioners may permanently revo}:e such license or permit.
' � ' -5- �
,-::�:.�:. -.,.,�._. _.. _.._.,,.._,._._ -----.,_.-------------.._
F._.. .»... . ..( ._...-. .. .`..�.�.""' .... ... .....��.._�_
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. APPROVED by the Board�of County Gommissioners. of Pitkin � • �
• • � County, Colorado, at its regulation meeting held
;� � , 1978, and effective immediately.
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C. .
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� 'TII6 IIOARD OF COUNTY CO.]1�fISSIONERS ,
OF PITKIN COUfiTY, COLORADO � , . ;
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. ny . I
Chairman • j
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ATTEST: ' ;
� • • ' ;
� Deputy County Clerk �� �
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�APPROVED �1S TO FORZ3: . � �
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. County Attorney � �
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'� . . �XHIBIT
' ESSENTIAL EQUIPMENT FOR AMBULANCES �
, by the '�
Committee on Trauma, American College of Surgeans
• Revised September, 1977
The equipment described in this document is considered by the Committee on
Trauma of the American College of Surgeons to be essential if the Emergency
Medical Technician--Ambulance (FrKT-A) is to provide adequate care for the
critically ill and in�ured at the emergency scene aad during transport to
medical facilities.
These iteu�s are:
1. Portable suction apparatus with wide-bore tubing and rigid pharqngeal
suction tip.
2. Hand-operated bag-mask ventilation unit with adult, child, and iafant-
size masks. Clear masks are preferabl.e. Valves must operate in cold
weather, aad unit must be capahle oE use with oxygen supply.
;
3. Oropharyngeal afrwaqs in adult, child', and infant sizes.
4. Mouth-to-mouth artificial ventilatian airways for adults and childrea. j
5. Portable oxygen equipment with adequate tubing and semi-open, valvesless,
transparent masks in adult, child and iafant sizes. ;
6. Mouth gags, either commercial or made of three tongue blades taped
tooether and padded. �
7. ilniversal dressings, approximately 10 iaches by 36 iaches, compactly
folded and packaged in a convenient size.
8. Sterile gauze pads, 4 inches by 4 inches. '
9. Soft-roller self-adhering bandages, 6 inches by 5 yards. j
10. Rall of aluminum foil, 18 inches by 25 feet, sterilized and wrapped.
11. Two rolls of plain adhesive tape, 3 inches wide. i
12. Two sterile bum sheets. �
13. flinged half-ring lower extremity tractfon splint (ring 9 inches ia �
diameter, overall length of splint 43 inches) with commercial limb-support +
slings, padded ankle hitch, and tracCion strap. �
14. Uacomplicated inflatable splints. �
. �
15. Short and long spine boards with accessories (does not iaclude the chin (
strap previously showa). +
b.OARD OF C0. COII�'R'S �
. I6. Triaagular bandages. PI�IN CO.; �
Publio Haaring �ibits
,
Date =; _�,�j ,���
�ubject : ��'(,L��7.�1�C' �'�
,F
E:11. No.. ..
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17. Large-size safety pins.
18. Shears for bandages.
I9. Sterile obstetrical icit.
20. Poison kit. �
21. Blood pressure manometer, cuff, and stethoscope.
22. Compart�mentaZized pneumatic trousers with inflatioa eQuipmenC.
23. Two-way radio allowing direct co�unicat3on between the EMT and the
emergeacy department of the hospital.
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•�1�� IJJ�wJJ 7�11]rJ
Box E �on� oF co. co�nc�a�s
PITKIN C0.
Aspen, Golorado Public Hearing Exhibits
Dnte ; �'�✓_:__70
SUbf ect S/.I/DS�!P-•l�O�-��n/�,J '
PROOF OF PUBLICATION
STATE OF COLORADO )
� �, Copy of Notice
County of Pltkia )
i, ...kT.illiam..8_....Dunaway.. ao eolemnly awe� rt�at
I am d.he .....PUUl.].S�1@ T' ,,,,,,,,,,,,,, of THE ASPEN TIbSES;
........................._.
that the same is a weekly newspaper printed, in whale or in part,
and published in the County of Pitkin, State of Colorado, and has
a �eneral ctrcula.tion theretn; that safd newspaper has been Qub-
1lshed continuously and ulnterruptedly in said County of Pitkin, c � �
for a period oP more bhen flfty-two cansecntive weeks next prior public ne�"
to the Sirst publica.tion of the annexed lega.l notice or advertise- , G; ,.+,�«.4�.�«,�.y ;'
ment; that said newspaper has �been admitted to the United 3ta.tes �;siti s ^ •ri:lj�ik
� _ P[JBLtC NOTIC�
mails as sceond-class matter under the Provlsions of the Act of i�, A� �::V�:;g�.��+' �
March 3, 1879, or any aatendmettts thereof, and fhaY said news- �.fyt `���j?,.'".fi,�,�,���`��'.
pa.per is a weekly newspaper duly qualiffed for publishing ]egal �'O�z��t �i
notices and a.dvertisements with the meanin of the laws of the ' �HI3CN .. . i! {�'�tL��,;
S ,publieti� b� tMBola�d'
Sta.te of Colorado. �'C�h'�J!�rl�?sA;.
?3978�t 2.�00 pm:•in't!u'Cammi�imais';i;.:
I Meet3os Ruam ac,tb.Camq ca�el�u. �o
That the annexed legail notice or advertisement was pubUshed 4000ddeeai�'1"arr'�ppzbrtl�h'afd! •�
in .the regular and entire issue of every number of satd weekly ;�P °f�'��:�.��•°f
i Ri�r V�lky A�h�b�i Mr Jim�� ..
i�th�;owner ,. , ,
_ ,. :
newspapers for the period of .._..1......._.__.consecutive insertiona; and '. ,��P7��Ym"�p�'�0n � �
that the first publication of said aotice was in the issue of satd :=.p���� `��� :
�_mtuW buaneii " , y,,. S
e c e mbe r ?Z... A. D.� �s 7 7.. anfl tti�t ' � sy: _ � :man ,; `
newspaper dated ....A................•-•..._...... ... .; ...
ribobn .,
the last,publica.tion of said notice was tn the issue of said news- Pubiii�ad ia. d�;,.;
'.`,22,1977. 3�, t , ' '
! __�"��• � ` ='
paper dated ............................................ A. D.. 19........ - : _ .. .....: '
. x
i
-.-1----�--.-��.�..���!- --------- ----- -- I
�
Subscribed and sworn to before me, a notary pubtic in a.n ar i
the Couaty of Pifkin, State of Colorado, this .�4C�......_. day ot �
��a������....�..'.L.. A. ,D., 19../....7
..���(./.../.LL.0 .C/5...._............ ... . .. . .. ..�...
Notary Public
n�y �omm�to� eamu� M�.Gommissinn.Fx�es.Nol. 3, 19B0
1
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r11� 1]���1� '�111]��
BOX E EOARD OF C0. COMM'R'S
PITIC7N C0.
Aspen, Cotorado Public Hczriti� �::�i bits
Dato . _..���.w�.:..7�..
.
_ /
sub�e�t : f�R��'.:��.�y-(�C'n
Exh. No.: ......... �
PROOF oF RuB��caT�oN
STATE OF CQIAR.ADO )
� �, Copy of Notice
County of Pitkin )
I, _Will,iam„H,,,.,.Dunaway,_,,. ao eoie�niy awear tnat
I am#he ..._.�UU�1�rle I'_......_............... of THE ASPEN TIME3:
that the sa.me is a weekly newspaper printed, in whale or in part,
and pubifshed in the County of Pitkin, Sta.te of Colorado, and has
a general circula.tion thereln; that said newspaper h�v been pub- �
lished continuously and ulnterruptedly in safd County of Pitkia,
for a per[od ot more 6han fifty-two consecutive weeks next prior
to the tirst pubttca.tion of the annexed lega.t notice or advertise-
ment; that said newspaper has�been admitted k.o the United 8tates -
mails as aceond-class matter under khe �provisions of the Act of „,, T � . � �� < <
March 3, 1879, or a.ny amendments thereof, and Lhat satd newe- ,�c p�b��e notice
paper is a weekly newspaper duly qualified for publiahing legal 7�� n. ,„c � �,�,
notices and advertisements wlth the meaning of the laws of the • �&�p�n itt�ar,;V�11q�,�t •.
Sta.te of Colorado. ` 14 �0°
.p�G` Riv�'t�atA '
pubSelwidntwlU6�fi�f11 tb°8o�'�d '
T h a t t h e a n n e x e d l e g a� n o t i c e o r a d v e r t t s e m e n t w a s p u b l i s h e d a t C w m b•Caamt�a°Jaa�arl�� '•
19'�8 �t`l?90 p�u �n,t�.�;
in .the regular and entire issue of every number of satd weekly �� �h;
��nLp�li��tlai�'ehrPP�'ovil� ' ;
1 th�'�O,i�n.,I;b�3#ot ths{A�.. ; �
newspapers for the period of .................... consecutive tnsertions; and � owaed nz►
that the flrst � � �� �� `�
publlca,tion�of said aotice was fn the issue of eaid �ay,; � `r 'a� .
'•`A cepg;u[Ihe�sut'�1'iuhmuribi`�+ :
tim mixlia:em�un�d'iu tbe�L'rletq/Of � �
newspaper dated ....I��C�IIJ.b�X'...�.�._._ A. D., 19 27.. and that nng • ,
fios,.C�Er:H,lf(926�'�D20r e:t��
the last�publication of said notice was in the issue of said news- :noim�i'ociine�hours:S ;��' `',
sr.0 gj,��eti��ul Ku�ilal5-(:hum� �
ec ��{., i
8 ! flSt2f1 ��.� + (Y�Ld�O�Y,�"J�lY�ORl1'B�� ,,
P Pe ..........._............................... A. D.. 19......._ •PuWidiadiatl�a:A�peRlSmesDecembor.., ;
�
.��. i
... 2Z,197T ' , . _ . ..:..
.�����`..�'!�r��,� �_. �
�
Subscribed and sworn to before me, a notary public fn �ar '
,�/�, i
the County of Pitkln, Sta.te of Colorado, this ....�4�!/...... day of �
����a���.. A.,D.. 29.�7 (
i
-•........... . ....•--...... ........ ....._...... S/...'... ...._... �
Notary Public ;
My�commtsaion expires ��..Commis�ian.FxD�r�S..nQY� 3, 1989 �
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�2�CEIVED DEC 2 8 1971 �l�� l�Jr�1� �1 �I1��J
BOX E fiOARD OF C0. G0:1;i'R'S
PITKIIa C0.
Aspen, Colorado �=�blic Hearin� �:nibits
�ubjoct :/����.� �-IJi�QC����
Lxh. No.. .._... ......._.
PROOF OF PUBLICATION
STATE OF C07ARAD0 )
� �, Copy of Notice
County of Pltkln )
I, 4Jilliam B. Dun8W8y„ do solemniy awea,r that
.................................................••••••• ,
blisher �
I azn khe_...�u_. ...... of THE ASPEN TIMES; x� - � public notice`�
...._.._.................._......... , ,
� }
that the same is a weekly newapaper printed, in whale or in part. � • t �
and published in the County of Pitkin, State of Colorado, and has ' : � ��• ''
a general clraulatton therein; that se.id newspaper has been pub- ����8� '
lished continuovsly and uinterruptedly in sald CountY of Pitkin. .RI:Ameo��ebfoth�PitkinCau�j�Zon.i;,Z8rtlm2TaodRS,diLed�eutdHi�-..
for a period of more Chan ilfty-two cansecutive weeks next prlor i��� ; ` L" ��wutY.rrpB��+'°�NO�
�PI7BLiC NOTICE i�1rnb7�Y�n�'�
to the first publicatlon oP the annexed legal nottce or advertlse- fdlaw am�odm�nt� f��'�1°iP��`��s�jl�' ad�0'
Couotl�ae�.bn'°bM° ,noom-,� ����ed�� �b� '
ment; that said newspaper has�been admltted to the United 3tates f�
m�na.aMfh. ca�nbr�."°in� .b.0 e. a..Kn. .
malTs as sceond-class matter under the provisions of the Act of :y���{�,q�hMS�m�idmPb. ,�ibd'•Ld�.
March 3, 1879, or any amendments thereof, and that safd aeure- willb�t��d�P�bitch��+�i�°":�1�'�.'J����i�a�
.the Hond'of Counb Commir3mu�t..:f�N�l�'M�
paper is a.weekly newspaper duly qua]ified for publishing lega] ��� m���.)(a�difh2miosln�t.
_Jmwe�ZS,19T8 at 9-0O.pm
notices and advertlsements with the meaning of the lawe of the :�mp�.��in•tha.Pffkia .NmY�if'Jk''�, '
State ot Colorado. C�t7�• ' ' � °O�°��'�� �
: i.N►ifhin Ta�m�6iP lo wufh�r�np 88 19.'20.'76� t'�.��98.:�.
.wert,�elioo�12.13�ad 1�: .'�O.�z�� .��
That the annexed lega�t notice or advertisement was pubifshed 9b�pmp�f3M a�eratb uoder t�own- �u���.�
..a
in •the regular and entire fssue of every number of sald weekly ,sri�ip d 8nowmr�Ca�ti��'�P'� �'�w����'�i0°�
pe�ei�m Yiftin�fo�io�et 11�a�nd 7:17, 70D:21:1?.99.26�nd 36.
;.9 iull 6�d�si�W B$-1l0. ,:�i , T�10�h.��o/�84�eN+�°°'
news apers for the period of...1........••••-.wnsecutive insertlons;and " 2.7baR&2DPUDrmin�e�t�7��' :d�R,1141 4.1:96�ed2b- : . .
P qlQOdy(.`n�k u��II ineluas tlr folb� 15�Ib,' BS w�d,�eo-r.
Ghat the flrst publlcation of said aotice was in the issue of eaid . ���� . �a pmi�s7;Z0.���
�bwn6ip8�oafh.r�oP86�e�,����a'�''w�10�a�lh.!�op 84 weR,Mo-
�tia�r�o�.88�oi'3. ,.
newspaper aatefl 1�.G'.C.41flbG]('...�.2.......... A. D.. 19 .�7. and that S2 95.84�od96. � .
'rown.e,vs�.t8.r.ow es..«�.:.0 ar ���.;vqe�i.;'lb.o�hi��•..da.�n e6
the last�publica.tton of said notice was 1n the isaue of said newa- �p�,q,y,{,10,11,19,14;1b.'�.�3;� �w�t.�I!�1�a°i*�°�7�
' �:'����Y N��Y�0R a ���.��I'.a1'�s00�IOM�.. �'.
"meept$4�.6.14�nd1b " 1 1M.17.28.aei17 �ded�•
paper dated ..........._............................... A. D., 19...... Bedim e.all�d lot I norfh ot`Woh���(Pl�oad Odt. .
' ;�Cr«kSo�d .,�',�`; r..=. .�laisi�ei�d�drip�ffan�.
�� � ,�J dlotbt2 '�`:TS .,T'�,. .. �mqr. , - - _
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�CA�%'�i�/Ly! /�� �u,°� �°°�q'� .�nd . �tD� ��18�:
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......_...•_•--..._.•••-•..._...... .. . ._......_..._._. . • mi��9Qb,
w_ .;. b 902U.at 224..
the!wo�au�at��wn en PNkm�Zm IequleM�d7:
Subscribed and sworn to before me, a notary public in 2or Ia�t 11�p lA�od 17: � ' ;, B7 K��.�7'.��1°'
,�Y�od.l8,alllind.euta[Wood,i , Bmdd �ec�
l� Cneak Ro�d., . � PMbliird in 1hr�
the County of Pitkln, 3tate of Colorado, this �S.Y.......... day of 8eebm2l,dtl�e�st.o[WaadyCroelc 71;1877 ' ' "'
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�KC41�����.. A.D.� 19�.� i
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-e�Lt.YI...L..S�.'.�'._.......�G��I(�.l...f...(.�.l...�K� �
Notary Pubtic �
nsy commf�sio� e�ue9 M�..Commis,.inn.Expir.es_.�lav. 3,1980
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BoX E �0� OF C0. COMM'R'S
PITKIN C0.
Aspen, Co�orado Public Hear3ag E,chibits
Date ; �� ' � •7�
Suu�e�t ; ��1.�z�'.� ,��c la �i��..�
PROOF OF PUBLICATION
sTA� oF cor.oxano �
� �. Copy of Notice
Couaty of Pltkin )
I, _._.W i 11 i am A. Dunaway ao eolemnly awe� u,at
........ .................... .... . .
I am�the ..._.....P1�}�a..I.S�EX.'._.._.....•-•......_ of THE ASPEN TI�2ES;
that the same is a weekly newapaper printed, in whale or in part,
and publlshed in the County of Pitkin, State of Coi�rado, and has
a generai etrculatton thereln; that said newspaper has been pub-
lished continuously and uinterruptedly in satd County of Pitkin,
for a perlod of more than fifty-two consecutive weeks next prior
to the Sirst publica.tton of the annexed lega.l nottce or advertise-
ment; that said newspaper has �been admitted to the United States y
mails as sceond-class matter under the rovlsions of the Act of � � �;'�'���'F�-,�^.�x�;�" Y !
March 3, 1879, or any amendments thereof, and that sald news- � u �..��.ii���� � *�4�_'• .. •
pn.per is a weekly newspaper duly qualtffed for publishing lega.t �� 1� �, .���,S,�e� �,'
notices and advettisements with the meaning of the ]aws of the �� ,f;�r._ p �' �
Sta.te of Colorado. ;� CB REGU/a �``R,.
.�����.��a�
�tr.ae.a.+.�w,.�r
That the annexed legaa notice or advertisement was published �;C�,CaIo��K•
�.5:WbUe� a.'
In .the regular and enttre issue of every number of sa!@ week2y , . i9�;,�„a,� �a ' p�' .
; ; '; . ,Pifkta .:
' newspapers for the period of ._....1..._....... consecutive insertions:and '.� ,� .. �+'�,��
that the first pubtication of satd aottce was in the issue of eaid ; �����,� .
December 1 �� °n��r°''t�r"'",�
� ---. A. D.� is �� i , ca�.:atw°�e�;e„a 'ei'i°'�1,q.,
newspaper dated .................••-•--..........._..... ........ and that �. �i1�bUisfbNa/lsdtlu ' ��1�-
the last,publica.tion of said notice was in the fssue of said news- ' :u fLi�e��6q,� �,���i -
..,_ .�.' �__J�^y_ �7E � y�.
Q�to WYY��I��Mi�
Pa r dated ...................... A. D.. 19......._ : '. ���,� .0'olo+�do"'
Pe ....•-••...__..••••-• ' - � ,. . `�MY'
.` �� � � : PubBiWintbi•'•�'h�an�
. !b 2Y77.
..����1,�./..�._���'u_... : ;::. _ � . , . :
_..,.::. � ;< �
Bubscribed and swom to before me, a notary public!n d�ar
the County of Pitkin, State of Colorado, thia .._..,1.�....... day ot �
�G�E��a�!,l!c�e:f'J....t.... A. D., 19.�,./� �
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Notary PubHc ;
�y commisslon expiresN[y..�pmin[ssinli..Expires..lVAY..3. 1580
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