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HomeMy WebLinkAboutbocc.min.reg.12071970December 7, 197D / ~~ The Board of County Commissioners of Pitkin County, Colorado, met at 10:00 o`clock AM, December 7, 1970, with the following present: Chairman J. Sterling Baxter; Commissioners T, J, Sardy and Clyde Vagneur; Administrative Assistant Terry McAnnany; Peggy E. Miklich, Clerk; County Attorney Leonard Oates. 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 submitted his monthly report of activities to the Board. Mr. Hale discussed Waody Creek Railroad Crossing of the Lenado Road and requested the Board's feelings regarding the timing to improve this crossing. After discussing this in detail it was the consenses of opinion that the Road Overseer begin construction and correction of this crossing on the Lenado Road when the weather permits probably not until Spring of 1971. Mr. Robert Lester of Lester - Draney and Company was present and discussed with the Board the N.C.R. System now in use at the Bank of Aspen that he and the Administrative Assistant had reviewed in terms of feasible application to County usage. He informed the Board that he felt that the program appeared to be compatable and suggested obtaining a proposal regarding costs and timing for utilization. Upon motion duly made and seconded, Administrative Assistant McAnnany was instructed ~to obtain a proposal from the Bank of Aspen and a Service Center to process the County's accounting on a compatable system. Carrol Whitmire, Pitkin County Sheriff, was ~~ present and discussed with the Board his monthly report of activities for his department. Sheriff Whitmire requested two deputies, one secretary and one jailer in addition to his approved 1971 Budget in that he felt that this additional manpower was necessary to preform the function of law enforcement in the Year of 1871. Sheriff Whitmire also requested relocation of his office from his current position to the basement of the Court House and a remodeling of the jail to utilize the full basement area for law enforcement. The Board discussed these re- quests in detail with the Sheriff and requested that the relocation be studied by an architect for cost and probability and that the manpower request be delayed until tomorrow, December 8, 1870 for continuance of discussion Dr. Robert Barnard representing the Woody Creek Development group, along with Mr. Steven Ware, Representing Counsel, were present to dis- cuss with the Board an employee housing project located in the Woody Creek Valley utilizing Federal Law No. 236, which provides for ridged control of rentals. Dr. Barnard cited for the Board a number of statistics regarding the growth in this area from 1965 to 1970. Dr. Baxter, Chairman of the Board refrained from any comment regarding this issue as he was indirectly involved with this proposal. Dr. Barnard requested from the Board an indication of attitude and requested the Planning and Zoning Commission draft a letter informing the Board regarding the approval of the concept and the need in this area for this type of housing. Upon motion duly made and seconded, this matter was referred to the Planning and Zoning Commission for discussion and a letter informing the Board of County Commissioners of their position. Mr.. Joyce Kilmer and Mr. Leon Peach of Northwest Mountain Bell were present and dis- cussed with the the Board the railroad right- a-way for utilization for buried cable. The Board referred this matter to the County Attor- ney and requested whether or not the Denver and Rio Grande Railroad was specific in regard to the placement of utilities on this right-a-way. Mr. Kilmer informed the Board that they were requesting 20 feet on the essterly side of the right-a-way for the placement of the buried cable. The Board upon motion duly made and seconded, instructed the County Attorney to work with the Mountain Bell people and the Denver and Rio Grande Railroad to determine the details regarding the burying of this cable. Mr. Harold Johnson, Acting County Surveyor, was present and discussed with the Board the Maroon Creek Road and its right-a-way thru Bavaria Park. He suggested the Board request a deed from the City in the form of a Mayor's Deed for that right-a-way for that portion of the road. The Board on discussing this with the County Attorney requested that he work with the City Attorney in establishing the details and prefecting the deed. Mr. Roger Manke representing Luke Anthony was present and requested the Board vacate the east portion of Silver King Drive past Herron Road. The Board after discussing this with Mr. Manke requested time to review the site and to review the recommendation of the Planning and Zoning Commission which has provided that approval be granted if Lot 2 has protection by an access on the private road. Mr. Bruce Sutherland representing Fitz Benedict, architect and the Benedict Land and Cattle Company was present to discuss with the Board the Faraway Ranch Pedestrian Bridge. He presented to the Board the Planning and Zoning Commission's approval regarding the easement over the county right-a-way, 30 feet in width on the Brush Creek Road and re- quested tentative approval by the Board pending final paper preparation. The Board after discuss- ing this in detail felt that to insure proper utilization of the Brush Creek Road in the future taht a dedication by the Faraway Ranch owners of an 80 foot right-a-way on the Brush Creek Road adjacent to the Faraway Ranch be made and dedicated to the County before final approval for the 30 foot easement for placement of the bridge be allowed. ~ ,. __ ~'. r~iU'._lerland. aC'Cno~^7~'_~'_d(';E'd 'l-,iZC' '30~1.T'd~ s rC'gUE':~t ~ ~ ,~ rind S ~<1~.~d that he WOL1i.Q d~LSCU;~G this Wltri i~,l°, h~~n~~d i_ct and he in rccc~nt contact with the :~~~~ard t;o i,ry and brine; thi_:~ tn~•itter to a conclusion. ,~ir. Chuck Vidal, representin Snowmass Ai:~eric~:~,~1 Corporation was prey-->ont and discussed ~ejith tr~i' Board the Melton Ranch Subdivision, unit 1, and the vacation of approximately 20 feet on either side of the road of a 100 foot right-a-way to a 60 foot rig.it-a-way. Mr. Vidal presented to the Board a drawing of the Sinclair Road which has cross-hatched that portion that they would like to vacate. After discussing this matter with Mr. Vidal and upon motion duly made and seconded, the following resolution was unanimously approved: WHEREAS, that portion of Sinclair Road within Melton Ranch Unit One, according to the plat thereof recorded in the office of the County Clerk and Recorder of Pitkin County, Colorado, is entirely within Pitkin County, Colo- rado, and is not within the limits of any city or town; and WHEREAS, the roadway constituting that portion of Sinclair Road is 100 feet in width and it has been determined that the portion thereof identified as "Excess Roadway" on Exhibit A attached hereto is not needed for County pur- poses; NOW, THEREFORE, BE IT RESOLVED, pursuant to C.R.S. 120-14-1 (1863) et seq. that the portion of Sinclair Road identified as "Excess Roadway" on Exhibit A attached hereto is hereby vacated. Mr. Vidal submitted to the Board the Meadow Ranch Condominium and discussed its concept with the Board. He explained that the acceptance language approval he is requesting relates only to the realignment of the Owl Creek Road. The County Attorney discussed with the Board the ram- ifications of adopting the condominium map for the Meadow Ranch as it relates to the realignment to the Owl Creek Road and stated that upon filing this condominium map with the County Clerk that a resolution could be drafted incorporating approval for realignment at that time. I~ir. IIerbcrt Bartel, City and County Planner, wa:; present and submitted to the Board the Plann- in~; and Zoning Commissions request for Public Heari:~g dates for the following: United Lumber and VanOrden , jointly rezoning request; Joseph Zoline, rezoning request. The Board discussed the Public Hearings in detail with the planner and suggested the date of January 18, 1971 at 7:30 p.m. in the District Court Room. Upon motion duly made and seconded, this date was set and publishing was called for. Mr. Bartel discussed with the Board the l;uttermilk turnoff and the fact that the Highway Department will seal and stripe the work done by the City and County this fall and that hot mix wi_11 be applied in the spring to these acceleration and deacceleration lanes. Mr. Bartel discussed w=ith the Board the rezoning request from Dr. Barnard regarding the Woody Creek development and stated that the Planning and Zoning Commission had decided that they will not approve the application but will agree there is a need and will outline the areas of concern in a letter to Dr. Barnard for inclus- ion with his project proposals. Mrs. Nell White of Redstone, was present and discussed with the Board some very old certificates that currently are in litagation in the Coriolanus suit and requested advice regarding same. The Board instructed her to contact the firm Delany and Balcomb in Glenwood Springs, Colorado, who is handling the Coriolanus case for the County to ensure that she will receive the advice she desires on the certificates. 1~~r. Joe Edwards was present and requested the Board establish a Public Hearing date for the proposed Snowmass and Wildcat Fire Protect- ion District. The County Clerk and Recorder informed the Board of County Commissioners that the "Proposed Snowmass-Wildcat Fire Protection District, Pitkin County, Colorado, Preliminary ,n Service Plan," including supplemental documents ,'~' .,,.,~ l,vL,~h~i-r n,~~ i-ho v~oniiirArZ e~rnr+acc~ritr '"PP -~....~_ r in t:Ze amount of ~~200.00, ~~ad been duly i e _ zn `-, ______~___ 'f her office along with a "Petition to the Board ~'/~~ of County Commissioners for the Organization of a Fire Protection District," and the form of a petition to the district court and teat all of said documen'~s had been filed on or before the 27th day of November, 1970, i.e., a tir~le which was at least ten days prior to this regular meeting of the Board of County Commissioners of the County of Pitkin, Colorado. Thereupon, Commissioner Sardy introduced the following resolution, which was read in full and is as follows: R E S O L U T I O N A RESOLUTION CONCERNING THE PROPOSED SNOWPfASS-WILDCAT FIRE PROTECTION DIS- TRICT, IN THE COUNTY OF PITKIN AND STATE OF COLORADO; ESTABLISHING A DATE, TIME AND LOCATION FOR A PUBLIC HEARING ON THE ADEQUACY OF THE PRE- LIIvIINARY SERVICE PLAN FOR SAID PRO- POSED DISTRICT; PROVIDING FOR WRITTEN AND PUBLISHED NOTICE; PROVIDING OTHER DETAILS CONCERNING SAID HEARING AND SAID PROPOSED DISTRICT; DIRECTING THE COUNTY CLERK AND RECORDER TO TAKE CER- T~~~IN FURTHER ACTION IN CONNECTION WITH SAID PROPOSED DISTRICT; AND RATIFYING A.LL ACTION PREVIOUSLY TAKEN BY SAID COUNTY AND THE OFFICERS THEREOF IN CONNECTION WITH SAID DISTRICT. WHEREAS, the County of Pitkin (herein the "County"), in the State of Colorado (herein the "State"), is a County operating under the laws of the State; and WHEREAS, a "Proposed Snowmass-Wildcat Fire Protection District, Pitkin County, Colorado, Preliminary Service Plan" (herein sometimes designated as the "service plan"), including supplemental documents and exhibits and a pro- cessinL; fee in the amount of X200.00, was filed with the County Clerk <rnd Recorder of the County of i'itkin, State of Colorado, at least 10 days prior to a i°cgular meeting of the Board of County Commissioners of said County, i.e., on or before the 27th day of November, 1970, along with a petition which requests a public hearing on the adequacy of said service plan and the organization of said district; and WHEREAS, Section 89-18-8(1), Colorado Revised Statutes 1963 (1965 Permanent Cummulative Supplement), requires that the Board of County Commissioners at the next regular meeting, immediately following the filing of such a service plan with the County Clerk and Recorder, shall set a date, time and location for a public hearing on the adequacy of such a service plan and the organization of said district, said hearing to be held within 30 days from the date of said regular meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: Section 1. That all action heretofore taken (not inconsistent with the provisions of this resolution) by the Board of County Commiss- ioners and the officers (elected and appointed) of the County directed toward the organization of the proposed "Snowmass-Wildcat Fire Protection District" and the hearing on the adequacy of the service plan for said district be, and the same hereby is, ratified, approved and confirmed. Section 2. That Monday, the 4th day of January, 1971, at the hour of 4:00 o'clock P.M., at the County Courthouse, Aspen, Colorado, be, and the same hereby is, set as the date, time and location for the hearing on the adequacy of the service plan, including all supplemental documents and exhibits appertaining thereto, filed with the County Clerk and Recorder for the organization of the proposed Snowmass-Wildcat Fire Protection District. Section 3. That the Clerk of this Board of County Commissioners is hereby authorized and directed to cause notice of the date, time, location and purpose of such hearing to be given by publication in the Aspen Times, a newspaper of general circulation in said County, once e~~cn week for a -oeriod of three successive weeks ~~ 'py three publications . T'~oriorstopthelllth~day l~~l shall be at least 20 days p of January, 1971. Said Clerk is further author- ized and directed to provide writtue~nced1COfbsaid certified mail, return receip~ req .nearing to each of the petitioners for the f orrnation of the proposed district , and to tre governing body of any existing municipality or ;,pecial district which has levied an ad valorem tar, within the next preceding tax year and which then had or now has boundaries within a radius of three miles of the proposed district. Said t'ounty Cler}c and Recorder is furf;her author_rscd and directed to deliver one copy of the service plan submitted by the petitioners for the formation of the proposed distz°ict, along with ono copy of the written notice provided in Section ~+ of this resolution, to the County Planning Commission of the County of Pitkin, with the request that the said County Planning Commission study such service plan and that a representative of said Commission present the County Planning Commission's recommendations consistent with Article 18, Chapter 8g, Colorado Revised Statutes 1963 (1965 Permanent Cummulative Supplement), to the Board of County Commission- ers of the County of Pitkin at the hearing provid- ed in Section 2 of this resolution. Section ~-}. That said written and published notice shall be in substantially the following form: A delegation from Redstone was present to discuss with t~~e Board the proposed Redstone Water and Sanitation District. Mr. Jerry Gamba was present, acting as an engineer and explained the plan as it is proposed and asked the Board's advice on final submission for the setting of the Public Hearing date. County Attorney Oates discussed with Mr. Gamba and the delegation from Redstone the requirements regarding the filing with the Clerk of the Service Plan and the procedure for establishing a Public Hearing date and also agreed to work with Mr. Mackie, their attorney to arrive at the accomplishment of these details. Administrative Assistant McAnnany, presented to the Board an "action sheet" which i_s the written personnel form wherein changes in pay and other personnel changes are approved by the Board and filed for a permanent personnel record. After discussing this matter with the Administrative Assistant, the Board accepted his recommendation. Upon motion duly made and seconded, they approved the utilization of the personnel action request form for Pitking County. Mrs. Helen Zordell, County Treasurer, pre- sented to the Board a request that the 1965 taxes on Lot 8, Block 2, of the Knollwood subdivision in the amount of $19.01 be canceled. This property is currently assessed to Robert and Kathern Lewin, with the 1869 taxes paid by Chester Arthur Sims, the new owner. After discussing this matter with the Treasurer, upon motion duly made and seconded, the Treasurer's request for cancelation of these 1965 taxes is hereby approved. Administrative Assistant McAnnany, presented to the Board the need to purchase a vehicle for the Sheriff's Department that was agreed upon at the previous budget session. Chairman Baxter ad- vised the Board that he felt that the State Pro- curement Division was having difficulty in arriving at a fair price from the manufacturer due to the dealer's dissent to this gross buying plan. He informed the Board that he wished to check further with the State Purchasing Officer and would make this contact as soon as possible and advise the Board of the results of his dis- cussion. Sheriff Whitmire was present and requested that the Board discuss his manpower request for 1971 and the Board requested that a special meeting be held tomorrow, December 8, 1970 at ~:00 P.M. in the County Commissioners Room to further discuss the Sheriff's manpower request. There being no further was adjourned . Attest: Clerk business this meeti g ~ .. Approved : ~-' _ ~ Chairman ~