No preview available
HomeMy WebLinkAboutMinutes 01/13/04 PUBLIC HEARING JANUARY 13,2004 Present: Michael Gallagher Am Menconi Tom Stone Jack Ingstad Diane Mauriello Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board for their consideration: Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved to adjourn into Executive Session for the purpose of receiving legal advice and negotiations concerning Bolts lake, an agreement with Airplanners, LLC and contract issues with Berry Creek, LLC including amendment to their loan documents, contract negotiations with URS Corporation all of which are appropriate topics for discussion pursuant to C.R.S 24-6-402(4)(b). Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn from Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of January 12, 2004, subject to review by the County Administrator B. Approval of payroll for January 22,2004, subject to review by County Administrator C. Intergovernmental Agreement with Edwards Metropolitan Board for Regional Trail Maintenance Costs in Edwards D. Addendum to Dispatch Services Intergovernmental Agreement to Add Eagle County Animal Control as a Contracting Entity and to Amend Certain Terms and Conditions of the Intergovernmental Agreement E. Agreement with Felsburg Holt and Ullevig for the update to the Road Capital Improvement Plan, Phase II F. First Amendment to Subdivision and On-site Improvements Agreement for Miller Ranch, Phase II and Phase III G. Eighth Amendment to Fixed Base Operator Concession and Lease Agreement between the County of Eagle and Vail Valley Jet Center H. Encroachment and Maintenance Agreement I. Consulting Agreement with Greg Rossi to perform GIS Mapping and Cartography training. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there are no changes or revisions to the Consent Agenda. 1 January 13, 2004 Chairman Gallagher asked to have more clarification on item I. He stated that it appeared from the contract that Mr. Rossi will be training someone. He inquired as to whom this individual would be. Mark Chapin, Assessor's Office, stated that Mr. Rossi would be brought back in and will be training the new cartographer and conducting a series of training assignments. Commissioner Stone moved to approve the Consent Agenda as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat and Resolution Signing Chairman Gallagher stated there are no plats and resolutions for today. Resolution 2004-007, Annual Appointments Diane Mauriello presented Resolution 2004-007, concerning the annual Eagle County Appointments. Commissioner Stone moved to approve Resolution 2004-007, the annual Eagle County Appointments. Chairman Gallagher seconded the motion. Commissioners Stone and Gallagher voting aye and Commissioner Menconi voting nay. Chairman Gallagher relinquished the chairmanship to Commissioner Stone. Contract to But & Sell Real Estate Bryan Treu, Assistant County Attorney, presented a Contract to Buy and Sell Real Estate located at 1125 Chambers Avenue, Eagle, Colorado. He stated the property is a five acre parcel located at 1125 Chambers Avenue in Eagle, Colorado. Mr. Treu stated the property is zoned Commercial General. The terms are a $1.1 million dollar offer with a $20,000.00 deposit. Diane Mauriello stated if the Board approves this contract they will also need to direct Mr. Roeper to prepare a supplemental budget. Commissioner Gallagher moved to approve the Contract to Buy and Sell Real Estate for property located at 1125 Chambers Avenue, Eagle, Colorado and authorize the Chairman to sign said contract. Commissioner Menconi seconded the motion. The vote was declared unanimous. The Board directed Mr. Roeper to start the process for the supplemental budget. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Meeting President Menconi stated the first order of business is to approve the minutes of November 18, 2003. Commissioner Gallagher moved to approve the minutes of November 18, 2003. Board Member Stone seconded the motion. The vote was declared unanimous. President Menconi stated the next item of consideration was consideration of American Airlines and US Airways Agreement of Sublease Diane Mauriello stated this is a draft agreement. As the Board is aware US Airways is currently leasing ticket counter space from American Airlines. That agreement is presented to the Board as the landlord for their approval. She stated the agreement has been reviewed and approved by the County Attorney. 2 January 13, 2004 Board Member Stone moved to approve the American Airlines and US Airways Agreement of Sublease. Board Member Gallagher seconded the motion. The vote was declared unanimous. President Menconi stated the next matter was the annual Election of Officers. Ms. Mauriello advised the Board there are currently six members, four officers and two other voting members. The current officers on the ECAT Board as follows: Am Menconi President Jack Ingstad Vice-President Tom Stone Secretary Mike Roeper Treasurer Board Member Gallagher moved to affirm the officers as presently held. Board Member Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as the Local Liquor Licensing Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. National Wild Turkey Federation Diane Mauriello presented an application for a special events permit for the National Wild Turkey Federation for January 24,2004 from 5:00 p.m. to 10:00 p.m. to be held in the Exhibit Hall at the Fairgrounds. Staff has no concerns with this application. The event has been held for the past five years and there have been no problems. This application is complete and all fees have been paid. Staff recommends approval. Chairman Stone asked for public comment. There was none. He closed public comment. Commissioner Menconi moved the Board approve a special events permit for the National Wild Turkey Federation for January 24,2004 from 5:00 p.m. to 10:00 p.m. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Gashouse Restaurant Diane Mauriello presented a manager's registration for Andrew Powell Guy, Gashouse, Inc., d/b/a Gashouse Restaurant. Mr. Guy is currently the manager of the Gashouse and has worked for Vail Resorts, Cordillera and Beaver Creek Fine Wines. The reason Mr. Guy was not present at his hearing in December is due to not getting a notice to do so. Staffhas no concerns with this application. This application is in order and all fees have been paid. Mr. Guy is reported to be of good moral character. Staff recommended approval. Andrew Guy, applicant, was present for the hearing. Commissioner Gallagher asked how long Mr. Guy had been the manager at the Gashouse. Mr. Guy stated for approximately one year. Commissioner Gallagher asked why the delay in registering a manager. Mr. Guy stated that he was not aware of the requirements for registering as manager until recently. Commissioner Gallagher requested that Mr. Guy read the liquor code. Mr. Guy agreed. Commissioner Gallagher asked Mr. Guy about his experience. Mr. Guy stated that he managed Restaurant Picasso and Grouse on the Green and clarified that he was not the registered manager because the Food and Beverage Manager was. Commissioner Gallagher moved the Board approve a manager's registration for Andrew Powell Guy, Gashouse, Inc., d/b/a Gashouse Restaurant. 3 January 13, 2004 Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Final Settlement - Shaw Construction Bryan Treu presented final settlement between Eagle County and Shaw Construction for Construction of an Air Control Tower at the Eagle County Regional Airport. He stated this matter was published and no claims have been received. Commissioner Gallagher moved to approve final settlement with Shaw Construction for construction of an Air Control Tower at the Eagle County Regional Airport. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Menconi was not present for the afternoon session ofthe meeting. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Stop & Save #18 Earlene Roach stated the next matter before the Liquor Authority was a show cause hearing for the sale of alcohol to a minor for Feather Petroleum Company, d/b/a Stop & Save #18. The applicant has signed a stipulation of violation, therefore this hearing will consist of the penalty phase only. Ms. Roach stated Section 12-47-901 (l)(a) of the Colorado Liquor Code states, "it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of an alcohol beverage to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard." In 2003 an alcohol task force was formed consisting of law enforcement from the Vail Police Department, Avon Police Department, Eagle Police Department, Minturn Police Department, the Eagle County Sheriff's Office, Colorado State Patrol and State Liquor Enforcement Officers. In November of2003, the Sheriff's Office sent a letter to all off premise establishments in unincorporated Eagle County, informing them that this task force would be conducting underage compliance checks within the next several months. They asked the establishments to review their policies and procedures for the sale of alcohol to underage persons. On the 4th of December, 2003, the compliance check was performed. This establishment sold alcohol to the confidential informant (CI). Identification was not asked for. Feather Petroleum Company took over ownership ofthis establishment in December 2000. Since that time this establishment has not passed a compliance check. This is the second violation for this establishment. On November 19, 2002, the Board suspended this license for ten days, 9 of which were held in abeyance for a period of one year. That violation was also for sale to an underage individual. In 2002 staff met with several establishments to try and come up with ways to stop employees from selling/serving alcohol to minors. Some establishments, including this one, adopted a zero tolerance policy, in which an employee who sells alcohol to a minor will be immediately terminated. Mr. Martirosov was terminated. Another idea others adopted was that anyone purchasing alcohol would be carded regardless of age. 4 January 13, 2004 In the letter from the Sheriffs Office you will see "the State average for minors consuming alcohol with the intention of becoming intoxicating is 14%. In Eagle County that average is 70%. When our teenagers engage in the consumption of alcohol, they put themselves and the community at risk. The effect upon our community is disastrous." This is an average we must not allow to continue. Staff is recommending this applicant be suspended for a total of30 days, holding a certain number ofthose days in abeyance. Bonnie Lightfoot and Larry Feather, applicants, were present for the hearing. Commissioner Gallagher asked Ms. Roach about the age of the purchaser of the liquor. Ms. Roach replied the person was 20 years old. Commissioner Gallagher asked about the definition of a compliance check. Ms. Roach explained that this operation is also known as a "sting" operation. Commissioner Gallagher stated that he was concerned by this situation. He stated he is inclined to extend any holding in abeyance period to two years instead of one year. Mr. Treu confirmed that this was possible. Commissioner Gallagher requested that the license be suspended for a period of 30 days, 10 of which would be held in abeyance for a period of two years. If there are further violations within the two year period, those ten days would come into that penalty phase plus whatever the Commissioners would suspend for that violation. He further indicated that between the statement of policy and the actions of the employees in question, there is a gap. He suggested that the owners look into ways to bridge this gap. Ms. Lightfoot agreed that there is a problem because they have been cited twice. She told the Commissioners that their training for new employees is extensive and they stress the critical nature of requiring identification from patrons. She believes that they as business owners and operators are committed to reinforcing the training with their employees. She felt that they were comprehensive with their policies. She also stated that they had been doing all of the training; TIPS and Learn2Serve. Commissioner Gallagher emphasized that the privilege to hold a liquor license puts the burden on the owners to insure that they are in compliance with the liquor laws. He stated that whatever the owners were doing it wasn't enough. He stated that it is the obligation of the Commissioners to keep the community safe. He told the owners that whatever they are doing isn't working and they need to come up with another method to make sure that their training is effective in the future. Chairman Stone asked if the applicant had received the warning letter from the Sheriffs Office. Ms. Lightfoot responded yes however it was not routed correctly. She stated she believes it would be helpful it these things would also go to the store. Chairman Stone asked where the Sheriffs Office obtained the addresses. Ms. Roach stated the addresses come from her liquor list and the official mailing address for this establishment is in Grand Junction. Chairman Stone agreed with Commissioner Gallagher. He told the owners that this is a penalty phase and based on the fact that there would only be a loss of income for this establishment and he did not consider it much of a penalty. Mr. Treu requested the stipulation be included in the motion. Commissioner Gallagher moved the Board find there was a violation of the Colorado Liquor Code, section 12-47-901 (l)(a), sale of alcohol to a minor, based upon the stipulation of violation signed by the applicant, and suspend the 3.2% off premise beer license for Feather Petroleum Company, d/b/a Stop & Save #18 for a period of30 days, holding 10 of those days in abeyance for a period of two years. The suspension must occur for 20 consecutive days to occur within the next 30 days. Chairman Stone seconded the motion. In discussion, Chairman Stone asked for the starting date of the suspension. Commissioner Gallagher stated that his intention was to give the license holder some time for training. He amended the motion to state the 20 days suspension must occur within the next 30 days. 5 January 13,2004 The applicant must notify staffby the close of business tomorrow, January 15,2004 ofthe date the suspension will begin. Mr. Feather reinforced that this situation will be taken very seriously. He believes that their long-term record reflects strong compliance. Ms. Roach stated the applicant must have a suspension notice hung on their door for the duration of the suspension. Chairman Stone called for the question on the motion. Of two voting Commissioners the vote was declared unanimous. Village Market Earlene Roach stated the final item before the Board is a show cause hearing for the sale of alcohol to a minor. The applicant has signed a stipulation of violation, therefore this hearing will consist of the penalty phase only. Ms. Roach stated Section 12-47-901 (1)(a) ofthe Colorado Liquor Code states, "it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of an alcohol beverage to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard." In 2003 an alcohol task force was formed consisting of law enforcement from the Vail Police Department, Avon Police Department, Eagle Police Department, Minturn Police Department, the Eagle County Sheriff's Office, Colorado State Patrol and State Liquor Enforcement Officers. In November of2003, the Sheriff's Office sent a letter to all off premise establishments in unincorporated Eagle County, informing them that this task force would be conducting underage compliance checks within the next several months. They asked the establishments to review their policies and procedures for the sale of alcohol to underage persons. On the 4th of December, 2003, the compliance check was performed. This establishment sold alcohol to the confidential informant (CI). Identification was asked for but when the CI replied she did not have identification, Mr. Macias sold her the alcohol anyway. This establishment has been in business since January 1995. Since that time there have been four sting operations performed. This establishment has not passed any of those. This is their fourth violation. This establishment has been suspended in the past for four days, eight days and ten days. The most recent was on November 19, 2002, the Board suspended this licensee for a period often days, holding 8 of those in abeyance for one year. All four violations have been for sales to underage persons. In 2002 staff met with several establishments to try and come up with ways to stop employees from selling/serving alcohol to minors. Some establishments, including this one, adopted a zero tolerance policy, in which an employee who sells alcohol to a minor will be terminated immediately. Mr. Macias was terminated. Another idea others adopted was that anyone purchasing alcohol would be carded regardless of age. In the letter from the Sheriff's Office you will see "the State average for minors consuming alcohol with the intention of becoming intoxicating is 14%. In Eagle County that average is 70%. When our teenagers engage in the consumption of alcohol, they put themselves and the community at risk. The effect upon our community is disastrous." This is an average we must not allow to continue. In the Board's packets there is information concerning another off premise establishment that had four violations, three for service to a minor and one for service to an intoxicated individual. In that case the Liquor Authority revoked the license. Therefore, staff is recommending this license be revoked. Staff bases this recommendation on the fact that this establishment has not passed a sting operation since they opened and had a warning letter of the last operation before it happened. In order to be consistent, staff believes a 6 January 13, 2004 recommendation of revocation is necessary. If the Board chooses not to revoke the license staffhas offered two separate motions. John Buxman, Jr., Jim Shrock and Bob Gilmore, applicants, were present for the hearing. Mr. Buxman stated that if the Board looked at the license holder's record they might think that the owners did not pay attention to the Board. He stated they pay very close attention to the Board and to the law. He stated that the employee who sold to a minor in this situation had completed his TIPS training and signed an acknowledgement that he had read the employee handbook related to sales of alcohol or tobacco to minors and the fact that this action would result in immediate termination. He told the Board that they now have blunt signs posted in the Village Market about the age requirements to purchase alcohol or tobacco. He told the Board that every transaction involving alcohol or tobacco would require presentation of a form of age identification. He believes that their internal random checks will help insure their future success with their liquor license. He added that the Village Market had been doing business in the valley for 36 years, and he asked for one final opportunity, with knowledge that it would be their very last chance. Mr. Treu asked Mr. Buxman, Jr. whether he was the license holder. Mr. Buxman stated that his father John Buxman, Sr. is the license holder and that he was authorized to speak on his father's behalf. Chairman Stone stated he believed the applicant was sincere and he understood what he was saying. However, he was disappointed that the Board in 2002 didn't take more severe action for that violation. He stated that he is certainly not motivated to grant the license holder another chance., based on the fact that there was a warning letter mailed indicating that "sting" operations would be taking place. He is not inclined to be sympathetic to Mr. Buxman's request. In a suspension all that happens is that the applicant loses some income. The fact that the licensee has been in the valley for 36 years doesn't matter because they have a poor record with sales to minors. Perhaps they shouldn't be in the liquor business. Commissioner Gallagher asked the applicant how many stores the licensee had in the valley. Mr. Buxman told the Commissioners their store was originally in Minturn, moved to Vail and is now in Edwards. They also have a store in Pitkin County. Commissioner Gallagher asked about liquor violations in Pitkin County. He wondered why the licensee had more problems in Edwards than in their other locations. Mr. Buxman stated he believes the problem is with the continuing education ofthe employees. That is why they now are doing random and scheduled checks, written and verbal updates with their employees above and beyond the TIPS training and the procedures in the employee handbook. Chairman Stone asked Mr. Treu about penalty options. He wondered if the Board could decide to revoke a license for a period oftime and allow the licensee to reapply after that period oftime. Mr. Treu stated that they would not be able to reapply for five years. The maximum suspension is six months. Commissioner Gallagher asked when the license expires. Ms. Roach stated the license was just renewed last month. Chairman Stone stated he recalls that the Board put certain conditions on another license at renewal time. Ms. Roach stated that licensee offered the Board a stipulation. She stated this applicant could also offer the Commissioners some conditions. Commissioner Gallagher also wondered if this establishment should be in the liquor business. Mr. Buxman stated that they had done what they thought was necessary every time. He indicated that if there was any weakness it may have been in the continuing education of their employees. They have had a management change at the Edwards location based on this situation in an effort to improve their compliance. 7 January 13, 2004 Mr. Buxman stated that the employee in question was 22 years old and did not have any language difficulties. He assured the Board that employees with language barriers would not be put in a position to serve alcohol. Chairman Stone stated that the problem belongs to the licensee and that they have not fixed the problem in the past even though they have been aware that the problem existed. He wondered if perhaps some restriction on the hours that liquor could be sold would be helpful. Commissioner Gallagher told the applicant that he is inclined to revoke based on four consecutive episodes. Commissioner Gallagher moved to adjourn into Executive Session in order for the Board to receive legal advice which is an appropriate topic pursuant to c.R.S. 24-6-402 (4) (b). Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Gallagher moved to adjourn from Executive Session and reconvene into the regular meeting. Chairman Stone seconded the motion. Of the two voting commissioners the vote was declared unammous. The time was noted at 2:25 PM. Mr. Treu stated that upon verification with the State Licensing Authority there is a possibility that the licensee could re-apply sooner than the previously indicated five year restriction. Commissioner Gallagher moved the Board find there was a violation of the Colorado Liquor Code, Section 12-47-901 (1) (a), sale of alcohol to a minor, based on the stipulation of violation signed by the applicant, and revoke the 3.2% off premise beer license for Buxman Enterprises, Inc., d/b/a Village Market. Chairman Stone seconded the motion. In discussion, Mr. Buxman asked whether he could prompt the idea that a six month suspension would be enforced with an additional voluntary six month suspension from the applicant, for a total of a one year suspension. Would this would be a favorable option for the Board. Commissioner Gallagher clarified that with a revocation the applicant could conceivably re- apply for a new liquor license the next day. A suspension is only for a certain time frame. He indicated that he might be more favorable to reconsider a new application around the next ski season. He indicated that the voluntary one year suspension might be more punitive than the revocation. Chairman Stone advised the licensee to speak to their counsel about a re-application within a much shorter period of time - conceivably the re-application could even occur within a few days. This approach would probably not be in the licensee's best interest because the Board would not be receptive. He told the applicant that the additional trouble for the applicant to go through the process of re- applying for the license might be of benefit to the licensee. Mr. Treu stated that the Board's decision to revoke is not conditional on their knowledge of the five year restriction and whether this is accurate or not. Chairman Stone called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. 8 January 13,2004 5MB-00327, Cordillera, Filing 44 Joseph Forinash, Planner, presented file number 5MB-00327, Cordillera, Filing 44. He stated this was a final plat which will subdivide Tract R to create a separate Tract R-2 for the existing fire station. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations the Community Development Director has determined the following in the review of this Type B Minor Subdivision: a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be subdivided IS adequate; b. Conformance with Final Plat Requirements. The subdivision IS in conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. Improvements Agreements. A Subdivision Improvements Agreement is NOT applicable to this application. Staff recommended approval. Chairman Stone asked what Tract R-l would be usable for. Mr. Forinash stated that R-2 is the firehouse and R-l would be used for current uses. He clarified that the owners then could transfer ownership of the firehouse to the Metropolitan District. Amy Yursak, representing Cordillera, was present for the hearing. She stated the intent ofthe owners is to allow the Fire Station to be operated by Eagle River Fire Protection District and the Cordillera Metropolitan District. Commissioner Gallagher moved the Board approve File No. 5MB-00327, Cordillera, Filing 44, and authorize the Chairman to sign the plat. Chairman Stone seconded the motion. Ofthe two voting Commissioners the vote was declared unammous. There being no further business to be brought before the Board the meeting was adjourned until January 27,2004. ''''i'''''?''''''''''''''''~ ,/~:' /--- <'0. l'{ .~J ~/~,\.,C!\.1)'~.;,r\(::"". .. S 'JdJft :j, ~~ .,:",""14 ....;' . ...... -"e, ,l 'k ,1.'- }i( ~l'i~ I' c------ .;;::P ,. - Attest~l' O'~r' Cler to the Bo rd Chai~~ 9 January 13, 2004