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HomeMy WebLinkAboutbocc.min.reg.09091970September 9, 197 The Board of County Commissioners of Pitkin County, met at 10:00 o'clock AM September 9, 1971, with the following members present: Chairman J. Sterling Baxter; Commissioners T. J. Sandy and Clyde Vagneur; County Administrative Assistant Terry McAnnany; County Clerk Peggy E. Miklich. Bi11s were audited, approved and ordered paid from Various Funds as follows General Fund Road and Bridge Fund Mr. Dave Hessel was present representing the U.S. Forest Service to discuss an agreement concerning the Frying Pan Dump. The Board instructed Mr. McAnnany to pull the agreement and re- quested that Mr. Hessel of the U.S. Forest Service be present at the next meeting of theCommissioners on September 18, 1970 to discuss it further. %~~ Pitkin County Elected Officials, Peggy Miklich, County Clerk and Recorder, Helen Zordel, County Treasurer, Dorothy Mikkelsen, County Assessor and Carrol Whitmire, Sheriff, were present to discuss with the Board the concept of Centralized Accounting and also to discuss the 1969 audit. Specific problems were discussed concerning the recently completed audit. The Board instructed Administrative Assistant McAnnany to work with the Department Heads and begin constructing and accounting manual for the County. Chairman Baxter requested that the manual receive top priority and be completed as quickly as possible. ,-.- Peggy Miklich, County Clerk and Recorder discussed with ~„j~f the Board, problems of the recent primary election with regard to / I the voting machines. Harvey Hale, Road Overseer, was present and briefly discussed with the Board, salary problems within his department and the possible use of a time clock. Chuck Vidal, representing the Snowmass-at-Aspen Home- owners Association, was present to ask the County to assume maintenance of some roads in the Snowmass-at-Aspen area. Specif- ically, he stated he was referring to the roads serving the Melton Ranch 1, Melton Ranch 2, and Wood Run areas, all of which are paved roads. He stated that Snowmass would take care of the roads this winter, but that he would like an indication from the County as to whether they would assume maintenance for the winter of 1971-72 so that his budget could be structured around this. Since the roads were done before the County standards were established, it will be necessary for the roads to be approved by the County Road Overseer and the County Commissioners before they could be taken over by the County. Mr. Hale, Road Overseer, will observe these roads and report to the Board. A 3.2 beer license application was received from Jack "~ Roddy of Meredith, who was present. Chairman Baxter called the Public Hearing to order on the 3.2 Beer License application of Jack Roddy. The following petition was received from citizens of Meredith requesting that the license be denied: "To the Board of County Commissioners of Pitkin County, Colorado. Petition and remonstrance of residents of the Fryingpan Community. The undersigned, who are fulltime, or summertime, residents of the Fryingpan valley and in Pitkin County, Colorado, hereby protest the application of Jack Roddy, of Meredith, Colorado, for a 3.2 beer license for the Reudi Pan Store of Meredith, Colorado, and respect- fully urge the Board of County Commissioners of Pitkin County to deny such application and refuse to issue such license. As grounds for their objection to the issuance of such a license, the undersigned respectfully submit that the needs of the neighbor- hood are now adequately served by the existing outlet, Harry's Cafe, ~~ at Thomasville, in Pitkin County, and that there is not sufficient potential business in the area presently served by the existing outlet, and potentially to be served by the proposed new outlet to recommend or permit the effecient operation of more than one outlet. That to iss~'e an additional license to serve this sparsely populated area will result in unprofitable operation for both outlets, with the potential incentive on the part of both operations to disregard the requirements of the law for the operation of such enterprises in an endeavor to make their operation profitable, and to the detriment of law enforcement in the community." There being no one else present to disent or speak for the license, Chairman Baxter closed the Public Hearing. After considerable discussion, and upon motion duly made and seconded, the application was approved pending receipt of the proof of publication; which was received later in the day. Dr. Robert Swearingen was present and discussed with the Board the arrival of a fully time psychiatrist in the Aspen area. He would be working with the Touchstone Clinic and possibly the schools and law enforcement agencies. Dr. Swearingen stated that funds were badly needed to finance this endeavor. The Board stated that they felt they needed more information and asked that Dr. Swearingen meet with the Community Improvements Committee of the R.S.A. to further discuss this matter. Mr. Theodore Mularz was present and accompanied the Board to the Garfield County Jail for inspection purposes to give them an opportunity to see another installation while determining the needs for Pitkin County's new annex building. Mr. Peter Guy, Chairman of the County Planning and Zoning Commission was present and submitted to the Board the revised wording on the Elk Creek Subdivision for approval. Upon motion duly made and seconded this subdivision was approved. Mr. Herb Bartel, City-County Planner was present and discussed with the Board his interest in attending meetings of various groups in the area, primarily to discuss with them possible solutions for the highway. Mr. Bartel stated that representatives from Colorado State IIniversity had been in town and met with him to inform him of their intentions in conduction an environmental survey. He informed the Board that the C.S.U. group would be requesting _fu.nds from the State Legislature for research on the ~~~ T-- Western Slope, and would appreciate the support of the County Commissioners in this request. The Board of Commissioners, Bob Lester of Lester, Draney and Co., the County auditors, Administrative Assistant McAnnany, and County Judge Mary Johnston held a private meeting to discuss the 1969 audit just completed. The Board requested Administrative Assistant McAnnany meet with Judge Mary Johnston and Bob Lester at 8:00 A.M. on Thursday, September 10 to continue this discussion. The A.I.A. agreement was received from Architect Theodore Mularz and was discussed by the Board. Attorney Leonard Oates recommended that the arbitration clause be struck from the agreement. Upon motion duly made and seconded and approved. County Attorney Oates was instructed to amend this agreement for signing at the next meeting. Mr. Mackley representing the First Nation Bank in Aspen was present and discussed with the Board the possibility of splitting the accounts of the County between the two banks in town. The Board requested Administrative Assistant McAnnany to contact Mr. Mackley to set up a breakfast or luncheon meeting with the Commissioners at a later date to discuss these possibilities further. Mr. Edwin Smart of Silver Dawn, Inc., a Colorado Corpor- ation, was in attendance at the meeting. He stated to the meeting that the reason for his attendance was to clear with the County Commissioners the arrangement of Silver Dawn, Inc. with K.T. International, Inc., whereby Silver Dawn and K.T. had entered into a joint venture agreement and sublease of certain mining interests owned by the County to McCulloch Consolidated Mining Company. He presented to the meeting a consent to sublease assignment and en- dorsed conditions for sublease and assignment which had been sent to Pitkin County Commissioners and a copy of which had been sent to him. This correspondence came from Mr, Robert Delaney, former Pitkin County Attorney. It was Mr. Smart's desire to inform the Commissioners that Silver Dawn and K.T. fully intended to comply with the conditions for sublease and assignment so that the sublease and their joint venture agreement were in conformity with the original lease by Pitkin County to McCulloch Consolidated Mining Company. Mr. Smart requested that the Commissioners approve and execute the document submitted by Mr. Delaney. However, it was determined that the Commissioners should review and approved the joint venture agreement between Silver Dawn and K.T. International before approving the sublease arrangement. In order to assist Mr. Smart in his negotiations with K.T., and at his request, the following resolution was passed: WHEREAS, Silver Dawn, Inc., has sublet certain mining property owned by Pitkin County Colorado, from McCulloch Consolidated Mining Company under McCulloch's lease with Pitkin County, and Silver Dawn, Inc. intends to enter into a joint venture agreement with K.T. International, Inc., and WHEREAS, the Board of Pitkin County Commissioners is desirous of permitting such an arrangement, provided they have approved all of the documents between the two corporations above named, "~ ~- THEREFORE, BE IT~~~RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, that upon presentation to them of an acceptable joint venture agreement between Silver Dawn, Inc. and K.T. International, Inc. they will consent to a sublease and assignment of the interest of that certain mineral lease from Pitkin County to McCulloch Consolidated Mining Company dated January 9, 1969 and recorded in Book 239 at page 88 of the Pitkin County records in the form submitted to this meeting by Mr, Robert Delaney, fromer Pitkin County Attorney. A copy of said consent is attached hereto, and BE IT FURTHER RESOLVED that any such joint venture agreement shall contain the endorsed conditions for sublease and assignment attached hereto. Administrative Assistant McAnnany requested the actions of the Regional Service Authority for the meetings held on August 13, 1970 and August 26, 1970 be ratified by the Board. Upon motion duly made and seconded, the Administrative Assistant's request for ratification of R.S.A. action was approved. Mr. McAnnany informed the Board that the right-of-way on the Pitkin Mesa road was termed a right-of-way by use only by Mr. Harold Johnson, The Board discussed the five parcels of lan w.i_c ey had been informed that the Bureau of Land Management had been ~~ 't' ned to sell and a letter pertaining to that land, which had pets io been received from the Pitkin County Parks Association. In that letter the Pitkin County Parks Association had recommended that the County attempt to purchase this land. The Board requested Administrative Assistant McAnnany contact the Bureau of Land Management in regard to these parcels and inform them that the County is interested in obtaining them for recreational facilities and find out what the procedure would be. Administrative Assistant McAnnany informed the Board that he was compiling the figures the Board had requested on debt retirement of those entities which levy tax in the County. He explained that all the reports had not been received and therefore the report is still incomplete. Administrative Assistant McAnnany presented to the Board the need to make a number of appropriations in the General Fund. The Administrative Assistant also presented to the Board of Pitkin County Commissioners the need for a 1970 budget reappropri- ation of the sum of $50,000.00 for a County Structure (The Road and Bridge Building) erected at the Airport. He explained that this amount had been transferred from the Contingency fund to the Road and Bridge Fund by the Commissioners in 1969, but that the funds, although committed, had not been expended in 1969_ Accordingly, on ~~ motion duly made and seconded, the following resolution was adopted: WHEREAS, at the November 3, 1969 meeting of this Board, the sum of Fifty Thousand Dollars (50,000.00) was transferred from the Contingency Fund of Pitkin County to the Road and Bridge Capital Outlay Fund, and WHEREAS, the Road and Bridge Building has, at this time, been constructed and erected pursuant to said transfer, and WHEREAS, The above specified amount not having been expended in 1969, it being the desire of this Board to reappropriate the said sum at this time, to be used for payment for the construction ~'~-- of The Road and Bridge Building. THEREFORE, BE IT RESOLVED, That there is hereby re- appropriated the sum of Fifty Thousand Dollars ($50,000.00) for the purposes recited and enumerated in the Resolution of this Board of November 3, 1969, transferring that sum from the Contingency Fund of Pitkin County to the Road and Bridge Capital Outlay Fund. Mr. Stuart Mace was present and requested the Board define the status of the right-of-way in the Hunley Addition at the upper end of Castle Creek. After considerable discussion with Mr. Mace, the Board requested Administrative Assistant McAnnany make the County maps showing road status available to Mr. Mace as soon as they are received from the Department of Highways, State of Colorado. . ~ ~ -- ~, Administrative Assistant McAnnany presented to the Board the need to define the method of handling the financial activities of the Airport Authority as it relates to the Regional Service Authority. After considerable discussion, the Board requested Administrative Assistant McAnnany prepare a monthly summary of receipts and disbursements of the Airport Authority and submit this to the R.S.A. Board members. ~~ • CONSENT TO SUB-LEASE AND ASSIGNMENT THE BOARD OF COUNTY COMMISSIONERS. OF PITKIN~COUNTY, COLORADO, do hereby consent to sub-lease and assignment of interests in that certain Mineral Lease from Pitkin County to _ McCulloch Consolidated Mining Company dated January 9, 1969, recorded in Book 239, Page 88, Pitkin County Records, according to the terms of Mineral Sub-Lease dated December 1, 1969, between • ~ McCulloch Consolidated Mining Company and Silver Dawn, Inc., wing the same corporation described in said Mineral Sub-Lease 6~ z~ i er Dawn i in m S, lv M n g Co pany) . 1970, by and between K. T. International, Inc., and Silver Dawn, contained in Joint Venture Agreement, dated , Inc., recorded in Book Page Pitkin County records. Provided, however, that the consents to assignment and sub-lease contained herein shall not become effective and are expressly contingent upon due execution by Silver Dawn, Inc., and K. T. International, Inc.; of the agreements and undertakings stated herein below. DATED THIS day of 1970. THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By G''lzairman ATTEST :- Consent is further given to sub-lease and assignment Clerk ENDORSED CONDITIONS FOR SUB-LEASE AND ASSIGNMENT d KNOW ALL MEN BY THESE PRESENTS That, Silver Dawn, Inc., a Colorado corporation, and K. T. International, Inc.,~a Colorado . corporation, in consideration of and as an express condition to consent by the Board of County Commissioners of Pitkin County, Colorado, to the foregoing assignments or sub-leases, do hereby covenant and agree: 1. That each and all of the conditions imposed upon ~_ McCulloch Consolidated Mining Company under the foregoing Mineral Lease, are hereby accepted,. ratified and approved, and the under- signed do undertake and agree to conform to, be bound by and perform all of such undertakings, covenants and agreements as they relate to operations, acts and things done by the undersigned. 2. The provisions of the above described Mineral Sub-Lease and Joint Venture Agreement shall not be deemed or construed to /~~' waive, modify or change the provisions and requirements imposed upon McCulloch Consolidated Mining Company, all of which are accepted and shall be binding upon the undersigned as they relate to operations and properties sub-leased or assigned, and in the event of any in- consistency or conflict of provisions as between the above described documents, the provisions of the Mineral Lease shall govern and shall not be considered modified or changed by the Mineral Sub-Lease and Joint Venture Agreement. 3. Neither the Joint Venture Agreement nor Mineral Sub-Lease as the same relate to properties released from Pitkin County, written consent of the County, and any attempt so to do, shall be l ~~ l a breach of all of such documents. ' DATED this day of 1970. SILVER DAWN, INC., gy ,~ - President ') ATTEST: ~~ I ~ Secretary i - ~i - i ATTEST K. T. INTERNATIONAL, INC., By President Secretary There being no further business, this meeting was adjourned. J ATTEST• APPROVED• ~/ Clerk Chairman ~G'