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Home My WebLink AboutMinutes 01/28/20 PUBLIC HEARING January 28, 2020 Present: Kathy Chandler-Henry Chairman Matt Scherr Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Brian Treu County Attorney Christina Hooper Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner Scherr mentioned an event this weekend, one of his personal favorites—Project Funway. The event was put on by the Education Foundation of Eagle County and supported teachers' salaries, additional programing, and counseling for schools. The tickets could be purchased at prodjectfunway.org. Commissioner McQueeney followed up on the"Getting to Zero"presentation. The presentation on climate action was energizing and an opportunity to get re-engaged in the efforts in drawing down our carbon footprint. She encouraged people to check their investments and research the options of green investments rather than oil and gas. Chairman Chandler-Henry stated that this Saturday was a snowshoe event for Peru. This was an annual fundraiser put on by a local couple in Gypsum. The program, Corazon de Esperanza, funded an orphanage in Peru. She reminded everyone that the State of the County was February 11th. She also mentioned that Eagle County received a certificate for being a radon aware County. County Manager Updates Jeff Shroll mentioned the Early Childhood Program tonight hosted by the Vail Valley Partnership 3—5:30 p,m. at the Miller Ranch Community Center. Consent Agenda 1. First Amendment To Agreement Between Eagle County and Eagle County School District for Funding of Mental Health Counselors for Eagle County Schools Kim Goodrich,Public Health and Environment 2. December 2019 Payment Report Jill Klosterman,Finance Commissioner McQueeney moved to approve the Consent Agenda for January 28, 2020, as presented. Commissioner Scherr seconded the motion. The vote was declared unanimous. 1 01/28/2020 Constituent Input Chairman Chandler-Henry opened constituent input. Susie Kincade,resident of 2000 Eby Creek Rd. in Eagle spoke. She thanked the county for delivering a sobering presentation and bringing Dr. Robert Davies here to the community. She is an environmentalist and the "Getting to Zero"presentation confirmed what she'd been hearing. She wondered about the next steps and offered some follow-ups. She hoped that there would be some quick community meetings created. She offered her time in facilitating the meetings and any needed support to make changes in the county. She believed there was still hope and believed there were technologies available to build a green power source in Eagle County. She offered her donation to the Climate Action Coalition to help fund the immense actions needed. She suggested impact fees be added to some areas of the county. She hoped that the board would support her and her efforts. Business Items 1. YouthPower365 Memorandum of Understanding with Eagle County Regarding the Alexander J. Allen Trust Scholarship Rhea Silverkorn,Administration Executive Summary: Eagle County desires to expend the balance of the Alexander J.Allen Trust in accordance with the Funds intent to provide students in Eagle County with college scholarships and that"preference be given to intelligent and needy students to encourage and assist them in gaining a college education". YouthPower365 (YP365)Dollars for Scholars is an umbrella for local scholarships, including the Alexander J. Allen Trust Scholarship, managed through a national organization, Scholarship America,that has been operating in Eagle County since 2014, coordinating the award review and distribution of hundreds of scholarships representing an award total of about a million dollars in financial aid to Eagle County students since inception. YP365 and Eagle County desire to enter into this Memorandum of Understanding as a master document to set out the nature of the program and the relationship of the parties. Jeff Corn with YouthPower 365 spoke. In a calendar year they had a little over two-thousand students that they served through their various programs. Since 2014, they'd been a chapter of the national organization called "Dollars for Scholars,"and since that time they'd awarded over a million dollars of scholarships to Eagle County students. There were currently 220 students that had started profiles in the system. He hoped to see one or more of the commissioners attend the award ceremony on February 5`h. Chairman Chandler-Henry thanked Mr. Corn for his work. She stated that the scholarships were now $5,000 a year and renewable for four years which was a big help to students taking on higher educations. She thanked the Treasurer,Finance Director, and Christina Hooper in the Attorney's Office for putting some structure around the MOU and making sure the students were being served well. Commissioner Scherr moved to approve the Memorandum of Understanding with Eagle County regarding the Alexander J. Allen Trust Scholarship. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. Intergovernmental Agreement Between Eagle County and the Town of Avon Regarding Tobacco Sales Tax Bryan Treu,Attorney 2 01/28/2020 Executive Summary: This IGA will allow the County to collect a portion of its county-wide sales tax within the municipal boundaries of the Town of Avon so that the total amount collected in Avon is identical to the amounts collected in unincorporated Eagle County. Mr. Treu explained that the legislative change last year that allowed counties to tax tobacco required an IGA to allow the tax in a town boundary. Avon had its own tax,but it was not as much as the county, so Avon agreed to allow the county to collect the difference so it was a level playing field across the county. Chairman Chandler-Henry asked if there were other towns that had a different tax amount. Mandy Ivanov stated that the tax in the Town of Basalt was $2 per pack and she was meeting with Pitkin County Public Health this Friday to discuss initiative to help with youth prevention and cessation; hopefully at that time they could discuss bringing the price of cigarettes up so there would be parity across the valley. She provided an update on a campaign with the School District called"Break Up With Nic."The event encouraged youth to drop off their vaping devices and/or nicotine products for prizes. The six week stand was meant to get people farther along in the cycle to quit. The program was being funded through the tobacco tax. Michael Coleman,Eagle County School District, spoke. He stated that the district had partnered with Mountain Youth to do a"Start the Conversation"presentation. Commissioner McQueeney moved to approve the Intergovernmental Agreement between Eagle County and the Town of Avon regarding tobacco sales tax. Commissioner Scherr seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room 1. 2020 Census Update Executive Summary: 2020 Census is rapidly approaching and residents may begin to respond in mid-March. Brian Meinhart from the US Census will provide an update on efforts to hire and educate in advance of the US Census field operations. Abby Dallmann will also provide updates from the two local complete count committees(CCCs), Aspen to Parachute CCC and Eagle River Valley CCC, which are responsible for implementing outreach strategies to encourage all residents to respond to the Census. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Scherr seconded the motion. The vote was declared unanimous. Eagle County Liquor Licensing Authority 1. Amended Application by Beaver Creek Promotional Association Inc. for Promotional Association Certification and Common Consumption Area Regina O'Brien, Clerk&Recorder Executive Summary: The Beaver Creek Promotional Association's submitted an amended application to the Local Liquor Licensing Authority (LLA) for certification of the Beaver Creek Promotional Association and approval of its proposed Common Consumption Area within the Beaver Creek Village Entertainment District. The LLA has the authority to certify and decertify Promotional Associations, and to designate and/or approve the location, size, security plan, parameters, and hours of operation of a Common Consumption Area within an Entertainment District. The LLA may also impose reasonable conditions of approval. Regina O'Brien,Eagle County Clerk&Recorder gave an overview of the staff report. The board established the Entertainment District last year by a resolution.The board acting as the Local Licensing Authority (LLA)had the authority to certify and decertify Promotional Associations, and to designate and/or approve the 3 • 01/28/2020 location, size, security plan, and hours of operation of a Common Consumption Area with an Entertainment District. The LLA may also impose reasonable conditions of approval. The applicant had filed all the required documents. She reviewed the referral comments from state liquor enforcement and the Eagle County Sheriffs Office. The public has been given notice by posting a notice on the property and publication in the Eagle Valley Enterprise. She reviewed some of the discussion items; the reasonable requirements of the neighborhood and desires of the adult inhabitants,hours of operation, security, and requirements for a visible perimeter. She indicated that the amended application met the minimum requirements. Adam Stapen, attorney licensed to practice law in the State of Colorado, spoke. He stated that he'd been working with the Beaver Creek Resort Association to bring this application forward. He spoke about the legislative changes that made the creation of a Common Consumption Area(CCA)possible in a county. He spoke about the various municipalities in the state that had approved Common Consumption Areas. This application had 12 liquor licenses bumping up against the common area within the Beaver Creek Village. The applicant was seeking to have these attached licensees have the ability to sell alcohol on their premises and allow guests to take the beverage onto the CCA.The applicant believed this was a convenience to guests and added to the heightened experience. All the attached licensees agreed to check all identification of anyone taking drinks in the CCA. These drinks could not be given to anyone else. He explained the reasoning for the hours of operation. All the liquor licenses have agreed to have last call-last service for CCA cups-at10 p.m. The map detailed the proposed area and physical barriers including buildings,the stone walls,and natural and man-made obstacles. There would be signage and maps to further delineate where one could and could not consume alcohol. The existing Optional Premises license would hold two events annually when at that time the CCA would be deactivated. He spoke about security plan and indicated that red coats and bus drivers would be trained. The applicant expects to begin using the CCA in late spring/early summer to insure that everyone is adequately trained. He believed that the reasonable requirements of the neighborhood and desires of the adult inhabitants had been met by the evidence of the petition and letters which indicated strong support. Jen Brown,Managing Director,Beaver Creek Resort Company, spoke. She thanked Eagle County staff for working with Beaver Creek Resort on this first ever CCA application. She thanked the Board of County Commissioners for previously approving the resolution to allow for them to be here today. The applicant believed that Beaver Creek was uniquely situated and provided a perfect opportunity for a CCA. They also believed that it was in line with their brand offering. This would transform the resort experience and allow people to connect with one another. Nadia Guerriero,Beaver Creek Chief Operating Officer, spoke. She stated that the applicant took this application seriously. She started at Beaver Creek nine months ago and prior to being there she was the GM at Northstar, a California resort. She spoke about how the areas operated in a similar way with both providing a gathering place for families to share special moments and create memories that last a lifetime. Commissioner McQueeney asked about the hot beverage cups. The cup presented in the application did not seem appropriate for hot, spiked drinks. Ms. Brown stated that there had been a lot of consideration given to the cup. They were investigating a variety of different material. The state requires disposable cups. There were a number of options on the market and on the table to provide hot drinks. Chairman Chandler-Henry asked if every establishment within the boundary was participating. Mr. Stapen stated that there were three establishments not included due to the license types. Chairman Chandler-Henry asked for an example of a patron. Ms. Guerriero stated that she believed it was the parents who would want to sit out and watch their children ice-skate. The goal was to create a place and an atmosphere where the family could be together. Chairman Chandler-Henry opened public comment. David Eickholt,Beaver Creek homeowner, spoke on behalf of the Beaver Creek Property Owners Association(BCPOA). He stated that membership was voluntary. They advocate for the best interest of the property owners. He indicated that the BCPOA was overwhelmingly in favor of the CCA. They believed it was fun for the residents, attracted tourists, and would increase business vitality for retailers,restaurants and lodging. He encouraged the Licensing Authority :approve the application. Bill Simons, General Manager for the Beaver Creek Metro District, spoke. He stated that there were five member boards,and all members were permanent residents in Beaver Creek and they voted unanimously in 4 01/28/2020 support. They had every confidence that the Beaver Creek Resort Company had submitted a responsible plan and that the Entertainment District would benefit residents and guests and add vitality to the village. Scott Walling, General Manager for the Beaver Creek Dusty Boot, expressed support for the proposed CCA over the years he'd been routinely asked by customers if they could take their beverage to the ice rink. He believed the village was family-oriented and the boundary was well-defined. Chairman Chandler-Henry closed public comment. Commissioner McQueeney expressed concerns for violations. It would be necessary to educate and take the time to get it right. Commissioner Scherr believed it was a great idea but he shared the same concerns. The businesses within the area were putting themselves at risk. He supported the idea and hoped everyone would work together to make sure it went cleanly. Chairman Chandler-Henry echoed her colleagues. She believed it was an exciting idea. She commended the applicant for all the work that had been done. It had been a big process. Beaver Creek was a jewel for Eagle County. She also thanked the staff for all of their work. She was comfortable knowing there was an annual renewal. She believed that most concerns had been met in the final application. She was prepared to vote yes. Commissioner McQueeney moved to approve the application of the Beaver Creek Promotional Association for certification as a Promotional Association and designation of the Common Consumption Area for the dates and hours proposed in the application. Commissioner Scherr seconded the motion. The vote was declared unanimous. Commissioner Scherr moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room 1. Northwest Workforce Centers Update 4„@0'0F „ DF EAG��r �G There beim •• ' rther business befor: : meeting was adjourned until February 3,2019. €oR ' • ADD f Attest• Cle to the Boar. Chai n 5 01/28/2020