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HomeMy WebLinkAboutbocc.min.reg.08141970August 18, 1971 ~~ The Board of County Commissioners of Pitkin County, Colorado, met at 10:00 o'clock AM, with the following members present: Chairman J. Sterling Baxter; Commissioners T. J. Sardy and Clyde Vagneur; County Administrative Assistant Terry McAnnany; Peggy E. Miklich, Clerk. Mrs. Marion Stewart, Pitkin County Welfare Director, was present and submitted her monthly report regarding activities and the disbursements for the related programs. Mrs. Mona Frost, Mr.E.F. Armstrong, Miss Berg, Mrs. William Shaw were present representing the Pitkin County Library Board to discuss with the Commissioners the fringe benefits presently provided by the County for employees of the County and requested that these fringe benefits be made available to the library employees. After discussing this matter, the Board requested the Administrative Assistant make available the information related to the fringe benefit program and the retirement program to Mrs. Mona Frost for review by the Library Board and then to receive their recommenda- tions. Administrative Assistant McAnnany submitted to the Board a letter from the State Department of Highways, State of Colorado, which reads as follows: "In action taken at their July 23rd meeting, the Highway Commission withdrew all funds from Project S 0082(1), Aspen-West. We have, therefore, suspended all of our work on the project. Under the circumstances we see no point in holding the meeting you re- quested in your letter dated July 22, 1970. We are in the process of drawing up specifications for a small guardrail project to protect three areas along State Highway 82, including the Shale Bluffs, Gerbaz curve, and Emma curve west of Basalt." Administrative Assistant McAnnany presented to the Board an opinion on the residency requirement of 90 days requested by the Board from J. Fred Schneider, Colorado State Association of County Commissioners. The opinion is as follows: "Reference is made to your inquiry of August 7, considering the establishment of a 90 day residency requirement for welfare consideration and requesting an opinion from this office as to the advisability and constitutionality of a county adopting this resi- dency requirement. Please be advised that, in my opinion, since the Supreme Court of the United States, in Shapiro v Thompson, 392 US 920, complete opinion on which appears in 270 rFed Sup., p 331 (1967); in that case the Supreme Court of the United States held a Connecti- cut state law denying ADC because the applicant had not lived in Connecticut for a period of one year to be void and that it was unconstitutional, because it abridges the right to interstate travel and violates the Fourteenth Amendment to the United States Constitution. Further, in discussing this with Mr. Shea, the director of Social Services for the State of Colorado, I was informed that one of the larger counties tried to impose a six months residency require- ment, which was immediately discontinued, for the reasons indicated above. In addition, I was informed that the Secretary of HEW notified all states that all residency requirements must be discontinued or else Federal funds would be cut off. I am also informed that the State Department of Social Services issued Regulation No. 4131 in March of 1970.; An article appeared in the California Law Review, 54 Calif. L Rev 567 citing Horvith, The Constitutionality of Residence Tests for General and Categorial Assistance Programs. The Supreme Court of the United States also made a pro- nouncement in Edwards v The People of California, 314 US 160, 62 Ct.~ 164, 86 L. Ed. 119, which held unconstitutional a residency law." Chairman Baxter received the bids regarding hot mix for ~~ ,/ the Castle Creek,Road, Brush Creek Road, and the Road and Bridge `~ Building area at the Airport and they are as follows: Grand River Construction - $37,660.00 Black Top Paving Company - 32,784.00 Elam Construction Co. - 31,940.00 After considerable discussion and upon motion duly made and seconded, Chairman of the Board was authorized to sign the contract with Elam Construction Company for hot mix on Castle Creek, Brush Creek, and the Road and Bridge area. Harvey Hale, Road Overseer, was present and presented his monthly report to the Board regarding his department's activities and requested the Board consider the bid of Elam Construction Company on the Red Mountain Road since they are low for the other hot mix jobs. He requested they be awarded the Red Mountain Road contract for $11,115.00. Upon motion duly made and seconded the Road Over- seer's recommendations were approved unanimously. Mr. H.E. McGinnis, Mr. Steve Simpson, and Mr. Robert Delaney were present to discuss with the Board, the Bureau of Reclamation's contract for road construction and maintenance near the Nast Tunnel project. After discussing the contract in detail it was determined that the contract should be modified by Mr. Delaney for the discussion of the Commissioners in two particular areas: the condition of the road when the Bureau of Reclamation is finished and is ready to turn it back to the County. The right- of-way acquired by the Bureau of Reclamation changing the alignment of the road must be made available to the County when the Bureau of Reclamation turns the road back to the County. Upon motion duly made and seconded and unanimously approved, Mr. Robert Delaney was instructed to modify the contract as per the Commissioners discussion and receive Commissioners approval and that this be signed and mailed to the U.S. Government, Bureau of Reclamation. Mr. A.E. Marks, Mr. Fred Lane, and Mr. McKuen, representing Sopris Mental Health Clinic were present and discussed with the Board the budget request for the period of 1971 for the Sopris Mental Health Clinic, After considerable discussion, Chairman of the Board Baxter requested the Administrative Assistant contact Dr. Robert Swearingen a and request that the and Mr. Fred Lane be at the September 9 meeting of the Board of County Commissioners to discuss Touchstone Clinic's i involvement with Sopris Mental Health Clinic as to the allocation of the budget requests. Chairman Baxter discussed with the Board the need to appoint a County Attorney and requested that Mr. Leonard Oates be present on September 9th to answer the Commissioner's questions and consider the position. Upon motion duly made and seconded and unanimously approved, Administrative Assistant McAnnay is to con- tact Mr. Oates and request his presence on September 9th for this discussion regarding a County Attorney position. Mr. Carrol Whitmire, Sheriff of Pitkin County, was present and discussed with the Board a resolution passed a short while ago instructing the Sheriff's Department to to}ce and report weather readings every two hours at the Pitkin County Airport. It was discussed that the Sheriff feels that this is not feasible for his department to perform this function in that it is relatively impossible for his people to be at the airport every two hours terms of the amount of area that they must cover. After reconsider- ation and upon motion duly made and seconded and unanimously approved, this matter was referred to the Airport Authority for further recom- mendations in lieu of the information the Sheriff presented at this meeting. Administrative Assistant McAnnany informed the Board that Green and Green Construction Company has forwarded the exemption forms and related figures for Pitkin County to apply for the sales tax rebate. Administrative Assistant McAnnany -recommended that the Board release the $1,000.00 that had been withheld pending the receipt of this information. Upon motion duly made and seconded and unanimously approved, the Board approved the release of this $1,000.00 and instructed the Administrative Assistant to release a warrant in this amount. Administrative Assistant McAnnany presented to the Board the Standard A.I.A. contract prepared by i~,r. Mularz for the County Commissioners signatures regarding the annex building and the Board requested that Mr. McAnnany forward this to Mr. Oates for his review. Administrative Assistant McAnnany presented to the Board a letter from Mr. Stanley Natal requesting payment of $50.00 for `~- costs incurred by him removing rocks on his roads and ditches. After discussing this with the Board, the Board Administrative Assistant to forward this letter Harvey Hale and request his opinion. instructed the to Road Overseer, l~~ .. Mr. Leon Wurl, City Manager, was present to discuss with the Board the dog truck that is necessary for implementation of the Dog Eontrol Resolution and in that the Corr~rnissioners have agreed to share one-half the cost of the supplies and wages, as well as capital equipment for this function, Mr. Wurl requested permission to purchase this new vehicle for the sum of approximately $2,300.00. Upon motion duly made and seconded and unanimously approved, Mr. Wurl was instructed to purchase a vehicle for dog control, the lowest of two bids. Leon Wurl discussed with the Board the possibility of including the Communications, the Library and the Planner in the R.S.A. budget and remove these from the budgeting function of the City and County and after considerable discussion the City Manager was asked to work with the County Administrative Assistant in prepar- ation of these budgets and the magnitude of the involvement in the budget. Mr. Storrs Bishop, Acting Chairman of the Pitkin County Planning and Zoning Commission was present and submit~ed to the Board the Country Club Unit I subdivision for approval. following consideration by the Board it was determined that the same had been approved by the Pitkin County Planning and Zoning Commission and accordingly was approved unanimously by the Board of County Commis- sioners. Mr. Storrs Bishop, Acting Chairman of the Pitkin County Planning and Zoning Commission was present and submitted to the Board the Elk Creek Subdivision for approval. Following consider- ation by the Board, it was determined that the same had been approved by the Pitkin County Planning and Zoning Commission pending legal satisfaction of dedication language on the plat and accordingly was unanimously approved by the Board of County Commissioners pending Planning and Zoning's final approval. Mr. Storrs Bishop requested that a date be set for Public Hearing to consider the rezoning of the land owned by Elay Corpora- tion. After consideration, the Board set the date of September 21, 1970 at 7:30 P.M. for the Public Hearing on the Elay Subdivision. Mr. Hal Clark, Pitkin County Building Inspector, ~~~as present and submitted to the Board his monthly report for the ', activities of his department. In addition he submitted a letter to the Board regarding the inspection that he and Willard Clapper, Fire Chief of Aspen, Colorado conducted of the above ground aviation I fuel storage tanks owned by Monarch Airways located at Sardy Field in Aspen, Colorado. The letter contains a list of six points which are considered unsafe conditions and requested the Commissioner's consideration. After considerable discussion, the Board requested that this matter be forwarded to the Airport Authority for correction ~ and advised the Administrative Assistant to do so. Dr. Williams, Pitkin County Coroner, requested the I following people be deputized as Deputy Coroners for Pitkin County: Carrol Whitmire, Glen Ricks, Richard Ritchey, Gregory Holmbeck, Gary Wall, and Alfred Braun. Upon motion duly made and seconded and unanimously approved the above listed people are hereby appointed Dept~~y,- Coroner of Pitkin County. M Mr. Ed Smart representing Silver Dawn, Inc, was present and submitted additional documents for consideration by the Board of County Commissioners in regard to the Mineral Sub-lease ratification. The Board after considerable discussion, accepted these documents for referral to Mr. Delaney and the matter will be discussed further in future meetings. Mrs. Helen Zordel, Pitkin County Treasurer, submitted a letter requesting cancellation of 1960 taxes in the amount of $10.19 on B & M Cora Lee, Ella Sherwood, and Little Maud, all in U.S.M.S. 5304, Roaring Fork Mining District. These m~-nes were assessed to E Emma Bradshaw Estate in care of her daughter Mrs. Homer Bisel. Upon motion duly made and seconded, and unanimously approved, the taxes for 1960 as stated above were cancelled. Chairman Baxter presented to the Board the request of the Pitkin County Clerk to charge $1.00 per precinct for voter lists prepared in her office. After discussing this matter with the Board and upon motion duly made and seconded, it was unanimously agreed that the Pitkin County Clerk should be authorized to charge $1.00 per precinct for a voter list. Mrs. Helen Zordel, Pitkin County Treasurer, submitted via letter a request to deny Mr. Thomas H. Perkins request for `~ forgiveness of $3.09 interest on a delinquent tax payment. After discussing this matter with the Treasurer, and upon motion duly made and seconded and unanimously approved, the Treasurer's recommendations are hereby agreed with. Administrative Assistant McAnnany presented to the Board first a letter from Mr. Tom Gammel, President of the Aspen Racing Association, wherein, he states that as such the moto-cross race held in the vicinity of the Brush Creek turn-off was an unfortunate mis-understanding and improper use of land and that as such, Mr. Frank Johnson was responsible for the mis-understanding. Second, he presented a letter from Mr. Frank Johnson stating that as such, the miss-understanding has been corrected and this prore rty in the future will not be used for moto-cross races or festivals of any sort and that he assures the Commissioners that if they do plan to do anything in the future with the property that they will first obtain permission and go through the necessary legal channels. Chairman Baxter requested the Administrative Assistant take the current jury list and mark out on the current voter list those persons who were appointed to jury for this period. Administrative Assistant McAnnany presented to the Board a request from the Hospital Board that the Ideal Cement Stock, and the Clow Corporation Stock be properly titled by transfer to the Aspen Valley Hospital and placed with a broker, Bosworth- Sullivan and Company, and that the County receive semi-annual accounting of the dispositon of these certificates. After discussing this matter and upon motion duly made and seconded, it was unanimously agreed that this transfer should be made from the Pitkin County Commissioners to the Aspen Valley Hospital Board of Trustees and that Mr. Leonard Oates is to prepare a Resolution to properly accomplish this. Chairman Baxter discussed with the Board the need for further definition of Centralized Accounting and acceptance of such by the elected officials and requested the Administrative Assistant request the elected officials attend the next Commissioners meeting on September 9th at 10:15 A.M. to further discuss this matter with the Board. There being no further business, this meeting w s adjourned. Attest: Approved; < ~'`~ er Chairma.n L~