HomeMy WebLinkAboutbocc.res.043.1975 RESOLUTION
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
NO. 7F~ ~3
Re: Forest Service - Procedures for
Determination of Ski Area Rates
WHEREAS, on May 8, 1975 Forest Service supervisor,
White River National Forest, Tom Evans, approved Aspen Skiing
Corporation's request for an $11.00 a day lift ticket rate;
and
WHEREAS, the rates charged for lift tickets by the
Aspen Skiing Corporation and the Aspen Highlands Skiing
Corporation directly affect the economy of Pitkin County; and
WHEREAS, the U.S. Forest Service and the Board of
County Commissioners of Pitkin County and the State Forest
Service by agreement signed in 1974 agreed to cooperate in
land use planning measures; and
WHEREAS, the determination and approval of the ski
lift rates was made by the Forest Service with no formal public
hearing and without any formal solicitation of local government
agencies;
NOW, THEREFORE, BE IT RESOLVED, that the Board of
County Commissioners seek reconsideration or an administrative
appeal of the decision by Mr. Evans upon the following grounds:
1. Approval of the rates without consultation with
the Board of County Commissioners violates the contractual agree.
ment entered into by Mr. Evans on behalf of the U.S. Forest
Service with this Board.
2. The procedure for issuance of special use permits
and approval of rate structures by the companies utilizing
public lands without any provision for a public hearing or the
formal solicitation of the views of local government bodies
is illegal and violates sound administrative law practice.
Moreover, the absence of any season pass, let alone one at a
reasonable rate, directly affects the economy of Pitkin County
and the ability of it to obtain the service help necessary
to support the tourist industry.
3. Approval of a new rate structure is such a major
decision affecting the area that it calls for preparation of
an environmental impact statement, which was not done. For
example, it is possible that the approval of the $11.00 lift
ticket places Aspen in a less competitive position with respect
to other resorts. It is possible that the service labor force,
absent a season pass, will locate elsewhere and that necessary
local help will have to come from down valley residents thereby
increasing problems of transit and air pollution and the like.
All of these matters should receive thorough, and public,
consideration.
4. No sound grounds were disclosed for the decision.
A decision without adequate rationale is not a valid decision
at all.
5. The full economics for approval of pricing and
for its structure should be, but have not been, examined
and set forth in a decision of this kind. Please see letter
of City Manager Mick Mahoney to you dated May 28,
letter is incorporated herein by reference.
Dated:
Attest:
1975, which
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY
Chairman
Nina JohnstOn, Deputy Clerk
COUNTY ATTORNEY
June 2, 1975
Mr. Thomas Evans
Forest Supervisor
White River National Forest
P. O. Box 948
Glenwood Springs, Colorado
81601
Dear Mr. Evans:
The Board of County Commissioners of Pitkin County
hereby request reconsideration by you or administrative
review pursuant to Section 211~2, of Title 36 of the
Code of Federal Regulations of your decision contained
in your letter of May 8, 1975 to Mr. D.R.C. Brown of
the Aspen Skiing Corporation approving its rate structure
for the coming season. The grounds for the reconsideration
or the administrative appellate review are contained in
a resolution of the Board of County Commissioners, a
copy of which is enclosed.
The Board also requests that your decision be stayed
pending such reconsideration or administrative review.
Very truly yours,
OATES, AUSTIN & M~GRATH
County Attorneys
JNM/kd
Enclosure
By
J. Nicholas McGrath, Jr.