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June 18, 1970
The Board of County Commissioners of Pitkin County, Colorado,met at
10:00 o'clock AM, June 18, 1970, with the following members present
Chairm~n J. Sterling Baxter; Commissioners T. J. Sardy and Clyde Vagnuer;
Peggy Miklich, Recorder and Administrative Assistant Terry McAnnany.
Bills were audited, approved and ordered paid from Various Funds
as follows:
GENERAL FUND:
ROAD AND BRIDGE FUND:
Mr. Harvey Hale, Road Overseer, was present
and gave his monthly report to the Board regarding the
activities of his department. He discussed with the
Board, the construction at the Airport of the Road and
Bridge building and stated that he felt now would be
the time to install the water line, before black topping
the parking area. At his request, the Board approved a
$300.00 expenditure for the placement of the water line
prior to paving of the black top area. Mr. Hale presented
to the Board, the truck that was purchased at the auction
in Craig, an F-850 Ford, 1963 model, tandem, for the sum '
of $4,000.00, which is approximately half of the current
market value and the Board approved this purchase.
Mr. Harvey Hale discussed with the Boar a .- - - ~~
bill from Emery Arbaney for $200.00 for road maintenance 1,j
on the Thompson Creek Road. After considerable discussion
the Board instructed the Administrative Assistant to
write to Mr. Arbaney and explain that because this road
is no longer on the county system and we receive no state
funds, that as such, the county will not be able to pay
or reimburse for any more maintenance on this stretch of
road in the future.
Administrative Assistant McAnnany presented to
the Board, the need for radios in the Road Overseer's
vehicle so that there would be ease in communication and
discussed this matter with the Board. The Board requested
Administrative Assistant McAnnany to determine the range
of the two radios that are in the basement of the court-
house, to determine if they would be adequate for this
purpose.
Administrative Assistant McAnnany presented to
the Board a letter from William S. Ames, petitioning for
a widening of the road on the "S" curve on the Prince
Creek road on the way to Dinkle Lake. After considerable
discussion, the Board requested Road Overseer Harvey Hale
to investigate this "S" curve and make whatever correc-
tions are possible to widen the road and extend the cul-
vert. The Board requested Administrative Assistant
McAnnany to write Mr. Ames and inform him of their action.
Mrs. Marion Stewart, Welfare Director, was
present and submitted her monthly report for the Pitkin
County Welfare Department.
Chairman Baxter wished to acknowledge in the
minutes, a letter received from one Orvetta Clayton,
regarding a complaint related to the septic tank permit
fee she had paid through Mr. Kinkade to the County and
the delay received in the system's installation.
Chairman Baxter also requested that the letter
received from Mr's. Elizabeth Worden be noted in the min-
utes in that it is also a complaint regarding the delay
in inspection of her septic system by Mr. Kinkade.
Administrative Assistant McAnnany presented to
the Board, a need to acknowledge a date for the Board of
Equalization on July 13, 1970, to begin hearing petitions
at 10:00 A.M.. After discussion with the administrative
assistant, the Board acknowledged this information should
be published according to statute requirements.
Mr. Robert Roosen, resident of Pitkin County,
was present and submitted to the Board, a petition with
approximately two hundred signatures, regarding open
space and the petition reads as follows: We, the under-
signed, all residents or property owners in Ward Three
Aspen hereby request all efforts be made at the earliest
date to approve the purchase with bonded debt of"open
space west of town, the debt to be repaid by earmarked
funds raised primarily by an additional one percent sales
tax, the open space having potential for an 18 hole golf
course among other recreational facilities." After con-
siderable discussion with Mr'. Roosen, Chairman Baxter
stated that he felt that a program would be demanded
defining more specifically the open space, as such, be-
fore the Board of County Commissioners could give support
to a one percent additional sales tax.
Chairman Baxter read into the minutes the fol-
lowing letter of resignation from County Attorney Robert
Delaney: Confirming our recent understanding, and pur-
suant to agreement reached last January, I hereby submit
my resignation as Pitkin County Attorney, effective upon
acceptance, but not later than June 30, 1970, with the
exception that I, or my law firm, will continue to handle
on a special assignment basis, according to your direction,
the Coriolanus case, the Blanning appeal, the Esco tres-
pass case, and the Airport Reorganization.
Also, I will cooperate and assist wherever
possible my successor on pending matters, involving the
County, and on future matters that he may desire to call
me about.
As you know, I am resigning primarily because
I do not have the time to meet the growing demands of
the County Attorney's office, but secondarily because of
~ the conflict of interest myth fostered over the years in
the local press, and more recently by the anti-mining / J ~-'
group in the Aspen community.
Anyone conversant with the facts knows that in
the twelve years I served as District Attorney and the
fifteen years I have served as County Attorney, and in
numerous other public duties and responsibilities, I have
never mis-used a public office or position of trust for
my own advantage or for the advantage of another client,
and no one has ever documented, proven or produced cred-
ible evidence of any conflict of interest involving me.
Nevertheless, a false statement repeated often
enough will be believed by some and eventually b~ many,
and it is pointless for me to expose my other clients,
my law firm or myself to this criticism.
I have enjoyed serving with you."
The Board after considerable discussion re-
quested the Administrative Assistant acknowledge receipt
and acceptance, with regret, Mr. Delaney's resignation.
Mrs. Helen Zordel, County Treasurer, addressed
the following letter to the Board of Commissioners: "Mr.
Bob Radcliffe owns the following attached mining claims.
1950 taxes are due in the amount of $187.77, plus interest
of $286.54. Mr. Radcliffe feels he is not responsible
for these taxes as they were then owned by Tucker McClure.
He would like cancellation of same. All taxes are paid
excepting 1950. I recommend these taxes be cancelled as
there was no notification on delinquency of these taxes."
The Board, after considerable discussion, agreed with the
County Treasurer and moved, seconded, and approved a mo-
tion to cancel these taxes.
Helen Zordel, Pitkin County Treasurer, sub-
mitted to the Board, the following letter: "Please can-
cel Tax Sale Certificate $k2111 sold in 1899 covering lots
2-6 included and Lots 10-14, Block 3, Riverside Addition
to Aspen. This certificate was marked cancelled in the
Tax Sale Record in error. These lots are currently
covered by Promontory Subdivision. Thank you." After
considerable discussion, the Board concurred with the
Pitkin County Treasurer, and upon motion duly made and
seconded, cancelled Tax Sale Certificate #k2111 sold in
1899.
Chairman Baxter requested Administrative Assis-
tant McAnnany prepare an analysis of legal fees paid in
the years of 1969 and '70 to determine the basis for
compensation regarding the appointment of a new county
attorney.
Administrative Assistant McAnnany presented to
the Board, the need to limit the membership of the County
Blue Cross-Blue Shield program to minimize premium cost.
After considerable discussion with the Board, the Admin-
istrative Assistant was instructed to write a letter in-
forming all participants of the limited membership sit-
uation and requested that he contact Blue Cross-Blue
Shield for a position statement from them for our files.
Administrative Assistant McAnnany presented to
the Board, a liquor license application for the Redstone
Country Store and the related fees because of a change
of ownership. The Board, upon' discussing and motion duly
made and seconded, approved this liquor license applica-
t- i nn
Chairman Baxter requested the Administrative
Assistant complete the questionaire received by the water
pollution conunittee of the Sierra Club for the County
of Pitkin.
Chairman Baxter submitted to the Board the
following resolution regarding the highway project:
"BE IT RESOLVED, That the Board of County Commissioners
of Pitkin County hereby approves Division of Highways',
State of Colorado, Project No. S 0082(1) which provides
for the improvement of S.H. No. 82 in Pitkin County, and
authorizes the County Attorney to join said Board of
County Commissioners as party petitioner with the Division
of Highways, State of Colorado, in the event it becomes
necessary to acquire needed right of way by condemnation,
it being understood that all court costs and awards to
property owners are to be paid by said Division of High-
ways, State of Colorado." Upon motion duly made and
seconded, the above stated resolution was unanimously
adopted.
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Administrative Assistant McAnnany presented to ~~,./
the Board, the contract between the City and the County ~. `~~
regarding the sharing of the animal warden's expenses,
salaries and supplies, and etc., as well as the City's
agreement with Mr. Albright for a pound facility. After
considerable discussion the Board agreed to sign the con-
tract, provided that the clause in Mr. Albright's con-
tract related to the determination of cost per day per
kennel is clarified to mean 10 kennels per day on a 30
day average basis. Upon motion duly made and seconded,
the Board instructed Administrative Assistant McAnnany
to have this addendum to the contract attached and then
present the contract for signing.
Administrative Assistant McAnnany presented to
the Board, the need to publish a notice that dog tags
are available at the West Village office and will be re-
quired by August lst on all dogs over six months of age
per the resolution adopted by the Commissioners previously.
Upon motion duly made and seconded the Board authorized
Administrative Assistant McAnnany to publish same.
Mr. Jim Berry representing West Village Owners
Association, was present and informed the Board that the
West Village group was on record of approving a one per-
cent city tax for a city golf course, but opposed to a
one percent county tax for a city golf course.
Mr. Storrs Bishop was present, representing the
Pitkin County Planning and Zoning Commission and made a
monthly report regarding the activity of the P & Z and
informed the Board that the changes to the amendment to
the zoning resolution will be ready on Ju1.y 6th for the
Commissioners action. Mr. Bishop also informed the Board
of the traffic study of the transportation committee and
that the P & Z recommended that the County participate
in the free transportation study provided it did not de-
lay the current four lane highway or cost the County any
outlay.
Mr. Jim Berry was present, representing West
Village and requested the Board appoint one Daniel Knoll
as the Sno~,~mass dog control deputy, because of a change
in duties of the previous appointee. Upon motion duly
made and seconded, Mr. Berry's request was approved.
Mr. Leonard Oates was present and discussed
witi~ the Board, the need to amend the existing dog con-
trol resolution regarding that area which would enable
the Board to appoint additional deputies for the dog
control function. After considerable discussion, the
Board instructed Mr. Oates to prepare such resolution
for presentation at the July 6 meeting.
Administrative Assistant McAnnany presented to
the Board, a letter from the State Board of Registration
for Professional Engineers and Land Surveyors, wherein
they relate to an attorney general's opinion that if an
individual is not a Colorado Licensed Professional En-
gineer, he is not permitted to perform engineering services
for a County or a City. The Board acknowledged this in-
formation and requested the Administrative Assistant
place it on file.
Administrative Assistant McAnnany presented to
the Board, a letter from the Aspen Chamber and Visitor's
Bureau, wherein the following resolution was adopted:
"The Aspen Chamber and Visitor's Bureau supports a pro-
gram of major land acquisition for open space to be funded
through an additional sales tax and further that Georges
Odier be directed to begin working toward this end."
The Board acknowledged this letter.
Administrative Assistant McAnnany informed the
Board there was a need to insure voting machines that
were purchased in the past and the Board so instructed
him to pursue this.
Commissioner Sardy presented to the Board a
need to define the property in and around the Courthouse
for proper usage and study by the architect for the pro-
posed annex addition. After considerable discussion,
the Board instructed Administrative Assistant McAnnany
to inform Mr. Johnson of the need for this definitio,:i and
to request that he prepare this schematic.
Administrative Assistant McAnnany presented to
the Board the need for ventilation of the jail and the ~ J~~
Board instructed Mr. McAnnany to accept the bid and be-
gin work to have the jail ventilated.
Administrative Assistant McAnnany presented to
the Board an estimate from a contractor on the remodeling
at City Hall to provide an office space for the City-County
Planner. The dollar figure for this office is estimated
to be $4900.00.. Chairman Baxter stated that the Adminis-
trative Assistant was instructed to write to the City and
inform them that this appears to be satisfactory and
that we should call for bids and that the council should
be apprised of the fact that because the County is
paying one-half of the capital outlay that they in turn
expect that this will be reflected in a reduced rental
fee.
There being no further business, this meeting
was adjourned.
ATTEST: APPROVED:
Clerk airman"
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