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HomeMy WebLinkAboutMinutes 08/17/04 PUBLIC MEETING AUGUST 17,2004 Present: Tom Stone Michael Gallagher Am Menconi Jack Ingstad Diane Mauriello TeakJ. Simonton Don DuBois Chairman Commissioner Commissioner County Administrator County Attorney Clerk to the Board Commissioner Gallagher moved that the Board of County Commissioners go into executive session for the purpose of receiving legal advice concerning the liquor renewal hearing of the W olcott Yacht Club and a proposed irrigation agreement between Eagle County, Colorado Mountain College and Berry Creek, LLC which are appropriate topics for discussion pursuant to C.R.S. 24-6A02(4)(b). The motion was seconded by Commissioner Menconi and passed unanimously. At the close of the discussion Commissioner Menconi moved to adjourn from executive session and Commissioner Gallagher seconded the motion which passed unanimously. This being a scheduled Public Hearing, the following items were presented to the Board of County Cortlrr1issioners for their consideration: Consent Agenda: A. Approval of Bill Paying for the Week of August 16, 2004 (Subject to Review by the County Administrator) Mike Roeper, Finance Department B. Approval of Payroll for August 19,2004 (Subject to Review by the County Administrator) Mike Roeper, Finance Department C. Resolution 2004-084 Concerning an Appointment to the Minturn Cemetery District Board of Directors County Attorney's Office Representative D. Resolution 2004-085 Final Release of Collateral and Termination ofthe Warranty Period for Cordillera Valley Club, Western Entrance County Attorney's Office Representative E. Agreement between Colorado Department of Public Health & Environment and Eagle County regarding the Prenatal Program Kathleen Forinash, Health & Human Services F. Agreement between Eagle County and the Literacy Project for Family Literacy Services Kathleen Forinash, Health & Human Services G. Agreement between Eagle County and Jerome Evans, PhD Kathleen Forinash, Health & Human Services H. Agreement between Eagle County and the Eagle County Board of Social Services for the T ANF Family Financial Management Services through CSU Extension Kathleen Forinash, Health & Human Services I. Agreement between Eagle County and the Eagle County Board of Social Services for the Healthy Babies and Families Program 8/17/2004 1 Kathleen Forinash, Health & Human Services J. Agreement between Eagle County and John C. CoUins, Special County Attorney Kathleen Forinash, Health & Human Services K. Sign FAA Grant Agreement for AIP Project 3-08-0020-36 for Purchase of AARF truck, Snow Broom and replace a Portion of the Concrete Apron Rich Cunningham, Facilities Management L. Subaward Agreement No. G-536731-008 between Eagle County (Fire Mitigation) and the Colorado State Forest Service for the 2004 Colorado Wildland Urban Interface Grant Program Ben Garrett, Wildfire Mitigation M. Subaward Agreement No. G-53673-007 between Eagle County (Youth Conservation Corps) and the Colorado State Forest Service for the 2004 Colorado Wildland Urban Interface Grant Program County Attorney's Office Representative N. Resolution 2004-086 Approving and Ratifying Resolution Authorizing Eagle County to Accept the State Board of Great Outdoors Colorado Trust Fund Project Agreement with Its Terms and Conditions for Receiving a Grant Award to Complete the Freedom Park State Park County Attorney's Office Representative O. Agreement with Resource Engineering for the Engineering Design of Neilson Pump Line Ditch Diversion Structure Phillip Bowman, Engineering Chairman Stone asked the Attorney if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that Item K should be removed from the agenda. Commissioner Gallagher asked aboutH and I as they were very similar to other items on the agenda. Attorney Mauriello responded that they were put on this way because the approval is by the Board of County Commissioners. The other items will be approved as the Board of Commissioners being the Board of Social Services. , ' Commissioner Menconi moved to approve the Consent Agenda for August 17,2004 for items A-O, with Item K removed. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat and Resolution Signing Cliff Simonton of Community Development presented the following resolutions to the Board. LIST OF RESOLUTIONS TO BE SIGNED: Resolution 2004-087 to Approve a Permit to Construct Major Extensions of Existing Domestic Water and Sewage Treatment Systems and for the Efficient Utilization of a Municipal Water Project in Order to Serve the Vail Christian High School Planned Unit Development located in Edwards, Colorado (Eagle County File No. 1041-54). The Board considered the Applicant's request on July 27th, 2004. Commissioner Gallagher moved to approve Resolution 2004-087 to Approve a Permit to Construct Major Extensions of Existing Domestic Water and Sewage Treatment Systems and for the Efficient Utilization of a Municipal Water Project in Order to Serve the Vail Christian High School Planned Unit Development located in Edwards, Colorado (Eagle County File No. 1041-54). Commissioner Menconi seconded the motion. The vote was declared unanimous. 8/17/2004 2 Resolution 2004-088 to Approve the Zone Change and the Planned Unit Development Preliminary Plan for the Vail Christian High School PUD (Eagle County Files No. ZC-00068 and PDP-00027). The Board considered the Applicant's request on July 27th, 2004. Commissioner Menconi abstained from the vote. Commissioner Gallagher moved to approve Resolution 2004-88 to Approve the Zone Change and the Planned Unit Development Preliminary Plan for the Vail Christian High School PUD (Eagle County Files No. ZC-00068 and PDP-00027). Chairman Stone seconded the motion. Of the two voting commissioners, the voting was declared unammous. Resolution 2004-090 to Approve the Planned Unit Development Sketch Plan for the Red Sky Ranch Planned Unit Development Expansion (Eagle County Files No. PDS-00038). The Board considered the Applicant's request on August 3rd, 2004. Commissioner Menconi moved to approve Resolution 2004 -090 to Approve the Planned Unit Development Sketch Plan for the Red Sky Ranch Planned Unit Development Expansion (Eagle County Files No. PDS-00038). Commissioner Gallagher seconded the motion. The vote was declared unanimous. Other 1. Second Quarter Interest Report for 2004 Karen Sheaffer, Treasurer Ms. Sheaffer gave a report stating that they have $159,000 less in interest for the same period as last year, bllt they have the same amount as last year. Commissioner Gallagher moved to accept the Second Quarter Interest Report for 2004. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of CountY Commissioners and reconvene as the Eagle County Board of Social Services. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 2. Agreement between Eagle County and the Eagle County Board of Social Services for the T ANF Family Financial Management Services through CSU Extension Kathleen Forinash, Health & Human Services Ms. Forinash gave background ofthe contracts, stating that they are able to underwrite and purchase services in non-social service fund programs. Commissioner Menconi moved to approve the agreement for the purchase of Family Financial Management Services through CSU Extension Commissioner Gallagher seconded the motion. The vote was declared unanimous. 3. Agreement between Eagle County and the Eagle County Board of Social Services for the Healthy Babies and Families Program Kathleen Forinash, Health & Human Services Chairman Stone asked for further clarification. 8/17/2004 3 Ms. Forinash stated this is to purchase services for T ANF eligible families such as home visitation, parenting classes and parent support activities. This agreement is for the Board of Social Services agreeing to the contract entered into by the Board of County Commissioners. Commissioner Gallagher moved to approve the agreement between Eagle County and the Eagle County Board of Social Services for the Healthy Babies Program. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of Social Services and reconvene as the Eagle County Liquor License Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Consent Agenda Teak Simonton, Clerk & Recorder Other Liquor A. The Wolcott Yacht Club dba Wolcott Yacht Club APPLICANT: DBA: LOCATION: YEAR LICENSE ISSUED: REPRESENTATIVE: Wolcott Yacht Club, LLC Wolcott Yacht Club 27190 Highway 6, Wolcott, Colorado 1999 Jan Jouflas Joseph Coleman, attorney for the applicant Renewal of a Tavern License DESCRIPTION: STAFF FINDINGS: The application is in order and the proper fees have been paid. The Eagle County Sheriff s office reports no complaints, disturbances or concerns related to this establishment. CONCERNS / ISSUES: RECOMMENDATION: None Approval Jan Jouflas of the Wolcott Yacht Club was present, along with Mr. Coleman, attorney for Ms. Jouflas and her establishments. Mr. Coleman stated that the application was timely filed. The renewal is based upon whether or not there is "good cause". He stated there have been no violations or citations in the past year. There were no conditions and, therefore, no violations or citations. No fights or violent activities reported at the establishment and they have fulfilled requirements of the renewal. John Jouflas is the applicant. Jan Jouflas takes control of parking, as the landlord. George Jouflas has space for overflow parking that the establishment uses once a week, Friday, for special activities. The plan is to, within the year of the CDOT access permit issuance, to permanently resolve the parking situation. This is a work in progress, as the permanent parking lot is planned to be completed. He request. that the liquor license be renewed, based on his presentation. Mr. Treu, assistant county attorney, reminded the Board of its staff findings that indicates the application is in order, fees are paid, and no complaints from the sheriff. Chairman Gallagher stated that his intention of the hearing was not for a denial, but for a way to ensure the safety of its customers. He asked about a proposed shuttle from parking lots. Ms. Jouflas stated that there was a bus that would run from Vail Transportation Center with stops at various locations so people would not have to drive. This bus is not in operation this summer. Commissioner Gallagher asked about capacity and available parking. Ms. Jouflas stated that capacity is 430 with over 108 spaces available and detailed the three different lots where they were located, including the field used for overflow parking. ' Commissioner Gallagher had no problem with the liquor license other than the safety of customers walking down Hwy. 6 to get to their cars, but asked how attractive the parking lots are for customers. 8/17/2004 4 Ms. Jouflas stated she cannot speak for her customers, and not all cars parked can be attributed to her business, but could be hikers and bicyclists. CDOT posted "No Parking" signs, but they tend to be ignored. They have flaggers on Friday nights to help to enforce the no-parking zones. Commissioner Gallagher asked about applications for grading permits or other improvements. Peter Sulmeisters stated that there are no current applications for grading or parking lot improvements. Mr. Menconi offered some possibilities to help alleviate parking problems, such as parking meter officers or working with the Sheriff to ticket more frequently, and wondered whether or not Ms. Jouflas would like to See that. Ms. Jouflas stated that the north side of the road has problems because it has no shoulder, but CDOT has nO issues with South side parking, as it is 20 feet off the road. She would like to see help with ticketing. Chainnan Stone opened it up for Public Comment. Anne-Marie Finn, resident of Edwards, spoke how she feels very safe walking to the establishment, especially with the flaggers present. Mike Caccioppo encouraged renewal, as he is a customer and has never heard a complaint about parking. He believes that parking is legal on U.s. Highways. He asked about maybe reducing Speed Limit to 35 from 45 in the Wolcott zone, in front of the establishment to make it safer. Chairman Stone then closed public comment. Ms. Jouflas stated that they weren't trying to be aggressive, and they were concerned about the safety of their customers. They are planning to put in an application for a parking permit. Commissioner Gallagher stated he would like to see: applicant pursue their CDOT permits, the use of lot not be limited to Friday only, and that a parking plan be developed that includes signage, maybe working with the county's engineering department. Ms. Jouflas has no problems, but stated that she has signs put up directing where to park, but people still ignore them. Commissioner Menconi moved that the board approve the renewal of the Tavern Liquor License of Wolcott Yacht Club, LLC dbaWo1cott Yacht Club. Commissioner Gallagher seconded the motion. The vote was declared unanimous. B. Blue Sky Restaurant Group Inc. dba Full Belly Kitchen & Pub APPLICANT: DBA: LOCATION: YEAR LICENSE ISSUED: REPRESENTATIVE: Blue Sky Restaurant, Inc. Full Belly Kitchen and Pub 27 Main Street, #106, Edwards N/A Jeffrey Petruso and Chad Cremonese, OWllers DESCRIPTION: This is a new application for a Hotel and Restaurant Liquor License. This establishment will be in the River Centre building in Edwards. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommends the definition of the "neighborhood" include the area within a five mile radius of the proposed license location. Staff recommends the following: A fIVe mile radius including but not limited to the major subdivisions of Singletree, Lake Creek, Homestead, Berry Creek, Arrowhead, Riverwalk, Cordillera, and Beaver Creek. Also included in the five mile radius are all of unincorporated Edwards and parts of Avon. 8/17/2004 5 Mr. Cremonese and Mr. Petruso agreed with the neighborhood established by the staff. Commissioner Menconi moved the Board establish the neighborhood to include the area within a five mile radius from the proposed location of Full Belly Kitchen and Pub, including, but not limited to the major subdivisions of Singletree, Lake Creek, Homestead, Berry Creek, Arrowhead, Riverwalk, Cordillera, and Beaver Creek. Also included in the five mile radius are all of unincorporated Edwards and parts of Avon. Commissioner Gallagher seconded the motion. ' The vote was declared unanimous. ESTABLISH NEEDS OF THE NEIGHBORHOOD: The next item would be to establish the needs of the neighborhood. All members of the board have been provided with copies of the petition submitted by the applicant. The Board will consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires. The location of the applicant is not the same as or within five hundred feet of a location for which, the two years preceding the date of the application, the local licensing authority denied an application for the same class of license for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets. Nor has the local licensing authority within one year preceding the application date, denied an application at the same location for the reason that the reasonable requirements of the neighborhood or the desires of the inhabitants were satisfied by the existing outlets. Finally, the location listed in the application is not located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary. STAFF FINDINGS: ~ This application is in order, all application requirements have been met, and all fees have been paid. ~ The applicants are reported to be of good moral character. ~ Mr. Petruso and Mr. Cremonese have been server trained. POSTING AND PUBLICATION Public notice has been given by the posting of a sign in a conspicuous place on the premises and by publication in the Eagle Valley Enterprise on August 5 and 12,2004. , CONCERNS I ISSUES: None Mr. Cremonese stated they have petitioned the community for approval and the hotel where they are located has stated that it would be an asset to them. It was also a previously established restaurant with an approved liquor license. Chairman Stone asked how many signatures there were and wondered whether those people were residents or business owners of the neighborhood. Mr. Cremonese stated that there were 108 signatures and they were all residents or business owners or managers in the established area. Chairman Stone asked for Public Comment, and there was none. Mr. Treu then gave the staff findings regarding the neighborhood's needs. He then asked Ms. Simonton if there had been a posting and publishing and if the staff report was prepared five days prior to the hearing. Ms. Simonton replied yes. Chairman Stone asked how the current restaurants are not fulfilling the current needs of the neighborhood. Mr. Petruso stated that there is a decline in business because there is no liquor license, usually 10-20 customers who will leave when they find there is no liquor available. Mr. ~remonese stated that the Hotel Manager, who was not present, feels it would be an asset to the hotel itself and benefit the hotel's business. 8/17/2004 6 Commissioner Gallagher asked about the licensed premises. There was in fact, a plan properly filed with the clerk that shows the entire property allowing the customers to take alcohol to their rooms. Ms. Simonton gave the Board of Commissioners a copy of the entire proposed licensed premises, including the entire hotel. Mr. Treu stated that the petition shows the neighborhood is not being met, with regards to the language of petition. Chairman Stone felt that it was good that the entire premises be licensed because it allows for take out back to the hotel rooms. He then reopened Public Comment so Mr. Cacioppo could speak. Mr. Cacioppo stated that the back lobby area and meeting room are used quite frequently. Also the other restaurants in the immediate area are quite small in capacity. Ms. Finn responded that there is a need for this license as a lot of her reps come in from out of town and stay at the hotel, and she does business there frequently. Commissioner Gallagher moved the Local Liquor Licensing Authority find that there is a reasonable requirement for the issuance of this license, that there is a desire for the issuance of this license, and that the existing licenses do not adequately satisfy these needs and desires as evidenced by the submitted testimony, petitions, and evidence at the hearing for Full Belly Kitchen and Pub. Commissioner Menconi seconded the motion. The vote was declared unanimous. Chairman Stone went over the staff findings for the final motion. Ms. Simonton concurred with Mr. Stone's reading of the findings. There were no comments from the commissioners about the staff findiI1gs. Commissioner Menconi moved the Board approve a new Hotel and Restaurant License for Blue Sky Restaurant Inc. dba Full Belly Kitchen and Pub based on the testimony today, the staff findings, and this Board's findings that: I) the premises are not within 500 feet of a location for which, within 2 years preceding the application, a license ofthe same class was denied for the reason that the reasonablerequiretnents of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets; 2) the premises is not for the sale of fermented malt beverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the adult iI1habitants were satisfied by existing outlets and 3) the premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. Such license to be issued llpon written findings and decision of this Board and upon a final inspection of the premises by our Clerk and Recorder to determine that the applicant has complied with the site information. Commissioner Gallagher seconded the motion. The vote was declared unanimous. C. Rearden Restaurant Group, Inc. dba Blue Moose Pizza APPLICANT: DBA: LOCATION: YEAR LICENSE ISSUED: REPRESENTATIVE: DESCRIPTION: Rearden Restaurant LLC Blue Moose Pizza #210 The Plaza, Beaver Creek 1995 Brian Nolan, owner The applicant has submitted all of the required documents and associated fees for a transfer of ownership. When the license was issued in 1995 it was issued to Pocantico Pizza, LLC dba Blue Moose Pizza. This was incorrect due to information provided by the applicant at that time. The owner should be Rearden Restaurant, LLC dba Blue Moose Pizza. The ownership of both of these LLC's is the same. The applicant has been paying sales tax to the State of Colorado since 1995 under the name of Rearden Restaurant, LLC dba Blue Moose Pizza. The error was only recently discovered by the State Department of Revenue and they have asked the applicant to 8/17/2004 7 make the necessary clerical correction based on approval from the local liquor licensing authority. The applicant is requesting a transfer of ownership of the hotel and restaurant license to operate. ESTABLISH NEIGHBORHOOD and ESTABLISH NEEDS OF THE NEIGHBORHOOD: As a transfer of ownership, these steps are not required of the applicant. STAFF FINDINGS: );> This application is in order, all application requirements have been met, all the proper forms have been filled out, and all fees have been paid. );> The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities and was valid as of the date of receiving the application. );> The applicant is reported to be of good moral character. );> Mr. Nolan has been server trained. );> Applicant is currently operating under a temporary license issued by this board. );> The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. );> The applicant is over 21, fmgerprints are on file, and his Personal History Record is on file. POSTING AND PUBLICATION Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. CONCERNS / ISSUES: None Chairman Stone noted that the board has the fmdings that the application is in order and all fees have been paid, and all findings are positive. Mr. Nolan hoped they would find in favor of his transfer of ownership. Commissioner Gallagher asked what exactly they were doing with this file. Ms. Simonton gave a background of the file as it is a change in the LLC that owns the business. The applicant had made an error when he originally applied and the State of Colorado asked that he correct the error through this method. Commissioner Gallagher move to approve the transfer of ownership of the Hotel and Restaurant license from Pocantico Pizza, LLC dba Blue Moose Pizza to Rearden Restaurant, LLC dba Blue Moose Pizza. Commissioner Menconi seconded the motion. The vote was declared unanimous. ( D. Resolution 2004-089 and Findings regarding Drink! Inc. dba Drink! Mr. Treu gave the resolution and findings for drink!, Inc. for the Board to sign pursuant to Colorado Statute. Commissioner Menconi moved that Local Liquor Licensing Authority approve and sign the resolution for the retail liquor license application for drink!, Inc. dba driI1k! Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher voted that they 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. Mr. Ingstad asked for direction about Miller Ranch and scheduling a meeting directly with ASW and the commissioners. He asked for direction from the commissioners as to what to do, as staff is not comfortable with the need or cost of refinancing Miller Ranch, as ASW wants to do. Commissioner Gallagher stated he would like to have this meeting, if Ms. Mauriello and Mr. Ingstad were present. He asked if this would be better suited to a meeting, rather than take up public's time. 8/1 7/2004 8 Mr. Ingstad stated that they have their reasoning, but it is not sufficient to move forward with refinancing and there is no benefit to the county. Commissioner Menconi asked for some kind of executive summary as to the purpose of the refinancing in writing and the benefits they seek. Mr. Ingstad stated they have indicated a need for refinancing but it isn't convincing to him as the real reason for it. Ms. Mauriello stated the reasons given to her, including greater flexibility, ability to keep the product moving, and the release payment back to the bank being less. Commissioner Menconi wanted in writing the purpose of the refinancing for the Commissioners to review before scheduling a meeting. Commissioner Gallagher agreed with Commissioner Menconi. Mr. Ingstad verified that he heard that the commissioners wanted the proposal in writing and if there is a different conclusion reached at that point, and then a meeting can be scheduled. Planning Files Commissioner Menconi was absent for the following files. PDR-00028 & ZC-00070 - Siloam Springs PUD Clifford Simonton, Planner, Community Development NOTE: ACTION: LOCATION: Note: To be tabled. (date to be determined) PUD for 5 lots on the Eagle River in Dotsero 002412 Hwy 6, Dotsero Mr. Simonton stated that the applicant would like to have this tabled until October 18,2004 as they have run into a delay in trying to obtain an access permit. Commissioner Gallagher moved to table file PDR-00028 & ZC-00070 - Siloam Springs PUD, at the applicant's request, until October 18, 2004 Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. PR-00025 Berry Creek Recreation Tract Phase In Joe Forinash, Planner Development NOTE: ACTION: LOCATION: Note: To be Tabled September 7, 2004 Approval of site specific review for skateboard park, playground, building pad for future buildings and sub-grade and stabilized road base for parking and road areas. Tract C of Berry Creek Miller Ranch PUD; south ofl-7p- east of Edwards 1-70 Spur Road Mr. Forinash stated the applicant is still working on site plans and requests the tabling. Commissioner Gallagher moved to table File PR-00025 Berry Creek Recreation Tract Phase ill until September 7,2004, at the applicant's request. Commissioner Stone seconded the motion. Of the presiding commissioners, the vote was declared unammous. G-00019 - Chocholek Vacation Justin Hildreth, Project Engineer, Engineering NOTE: ACTION: LOCATION: This file was tabled from 6/16 and 7/7 To vacate a drainage easement 00457 Longhorn Rd. Singletree, Edwards 8/17/2004 9 TITLE: FILE NO.: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Vacation of the Chocholek Drainage Easement G-OOO 19 00457 Longhorn Road, Singletree, Edwards, Colorado Ray Chocholek Ray Chocholek Richard Froberg, Eagle Valley Surveying. Approval with Conditions PROJECT DESCRIPTION SUMMARY: This is a petition for the vacation of a portion of a drainage easement located on Ray Chocholek's property at 00457 Longhorn Road in Singletree. Longhorn Road is located off of June Creek on the east side of Singletree (Figure 1) The drainage easement was dedicated to the public on the Berry Creek Ranch, Filing 2 plat and therefore is subject to the requirements of Section 5-2200 of the Eagle County Land Use Regulations, Public Way and Easement Vacations. This application is made by the owner of the lot, Ray Chocholek. Mr. Chocholek desires to vacate the easement because it imposes a building restriction on his property. The vacation of a portion of the drainage easement will allow for additional distance and landscaping between his house and his neighbor's house. The applicant is seeking to vacate a portion of the drainage easement, as shown on the attached property description (Figure 2). The Engineering Department could not find justification for the easement in the files. It has been hypothesized that the drainage easement functions as the overflow for the June Creek Reservoir, but the location of the easement is approximately 12 feet higher than the crest of the reservoir. A detailed map of the area, identifying the location of the reservoir overflow, is included as Figure 3. CHRONOLOGY: 1978 - Berry Creek PUD Approved. 1979 - Berry Creek Filing 2 Platted SITE DATA: Surrounding Land Uses I Zoning: East: Sonnenalp Golf Course West: Residential 1 Lot 22, Berry Creek Ranch Filing 2 Longhorn Road Residential 1 Lot 21, Berry Creek Ranch Filing 2 June Creek Road Residential 1 Lot 47, Berry Creek Ranch Filing 2 PUD Longhorn Road North: South: Existing Zoning: Access: ST AFFREPORT REFERRAL RESPONSES Ea21e County Community Develonment Department Per the Corrected Final Plat of Berry Creek Ranch, Filing No.2, Reception Number 182265, filed with the Clerk and Recorder's Office on May 24, 1979; various easements were defined specifically for storm water drainage. Due to the size and location ofthe subject drainage easement, adjacent to a golf course tract, it has been hypothesized that said 'drainage' easement was actually defined for the purpose of maintaining a structural setback from the golf course. 8/17/2004 10 Further study of the subdivision plat reveals that several Golf Course Easements and 'Tracts' were also defmed that were intended for a variety of recreational activities and lot I building separation from platted rights-of-way, Defined Golf Course Easements are apparently intended to allow golfers to retrieve errant shots on private property, as well as, to maintain a suitable structural distance from the edge of golf course fairways. Given that the subdivision plat distinguishes between Golf Course Easements, Tracts and Drainage Easements, coupled with an understanding that the drainage easement in question appears to not satisfy a readily identifiable drainage need, Community Development Staff cannot offer viable planning rationale . as to why the subject drainage easement must be perpetuated. Other Referral Responses A referral response was received from the Sonnenalp Golf Course. The Sonnenalp Golf Course originally opposed the drainage easement vacation. The applicant met with the representatives from the Sonnenalp Golf Course and came to an agreement on the proposed vacation. The result of the meeting is that the size of the easement vacation is substantially smaller than originally proposed. The Sonnenalp has withdrawn their letter opposing the proposed easement vacation. A copy of each of the referral re~ponses is included in Exhibit A. DISCUSSION: The applicant, Ray Chocholek, wishes to vacate a portion of a 70 foot wide drainage easement located on the east side of his property. Mr. Chocholek feels that the drainage easement constricts the building location on the property. If the drainage easement is vacated, Mr. Chocholek will be able to locate his house farther from his neighbors, save trees, and allow for additional landscape space. The Engineering Department and the Planning Department could not find evidence as to why this easement was platted. A site visit showed that there is no logical explanation for the drainage easement because it is at the top of a ridge. The Sonnenalp Golf Course states that the drainage easement functions as an overflow for the June Creek Reservoir. This does not coincide with the topography because it is located 12 feet higher than the top of the reservoir and it would be impossible for the reservoir overflow to reach this property. Currently, there does not appear to be a compelling reason for Eagle County to retain the easement. STAFF FINDINGS: Staff findings are positive. The ECLUR standards require that a vacation be demonstrated to be in the general interest of the public's health, safety and welfare, not to be in violation of law, to be in compliance with the ECLUR and the Master Plan, and not leave any adjoining land without a means of access to another public road. The following findings are made: I. The applicant has filed a petition for a vacation of the easements and right-of-way in conformance with the requirements of Section 5-2200. 2. Proper Public Notification for the petition has been issued in conformance with Section 5- 2200 C.4.a. and the petition is ready for consideration by the Board of County Commissioners. 3. The applicant has demonstrated the vacation request to be in the general interest ofthe public's health, safety and welfare. 8/17/2004 11 SUGGESTED MOTION: I move that the Board of County Commissioners recommend approval of file No. G-OOO 19 with the following conditions: I. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacation will not be in effect until Quit Claim Deeds for the vacated easement and right-of-way are recorded with the Eagle County Clerk and Recorder. 3. The vacation will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacation is recorded with the Eagle County Clerk and Recorder. Mr. Hildreth gave a background of the file and a history, while giving a presentation on the computet screen. The county could not justify the reason that the drainage easement was given originally in 1979 as the property sits higher than the surrounding land. The applicant originally proposed to vacate the original easement, but the golf course had concerns about the proximity of the golf course to the house; so this is the compromise that was reached. ' Chairman ,Stone opened and closed Public Comment, as there was none. Commissioner. Gallagher asked if there were drainage easements on other contiguous properties. Mr. Hildreth showed what existed; there was one other. It is the same as this one and there is no justification for it. Chairman Stone agreed that the property sits much higher than its surroundings. Commissioner Gallagher asked about possibility of drainage structure underground. Mr. Hildreth stated he could not find any structures, based on studies and tours he had conducted. Commissioner Gallagher asked about a condition of fmding an underground structure during the building of the structure, that it is at the expense of the property owner to remove it. Richard Froberg, general contractor for the owner, stated that this easement has no purpose as it sits so much higher than the surrounding property. There are no structures underground. The golf course's objection was for aesthetic reasons, as the 2nd hole looks out at the property, but a compromise has been reached between the two parties. Chairman Stone asked about other drainage easements from roads that would necessitate this easement existing. Mr. Hildreth stated thatthere are currently existing easements for the roads that are near the area. Chairman Stone proposed the condition requested by Commissioner Gallagher be within the normal excavation of the home. Commissioner Gallagher moved that the Board of County Commissioners recommend approval of File No. G-OOOI9 with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacation will not be in effect until Quit Claim Deeds for the vacated easement are recorded with the Eagle County Clerk and Recorder. 3. The vacation will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacation is recorded with the Eagle County Clerk and Recorder. 4. If in the normal excavation associated with construction of the residence reveals a drainage structure, the applicant, at their expense will do what it is necessary to maintain and/or relocate that drainage structure. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was unanimous. G-00017 Jax Equestrian Easement Vacation Phillip Bowman, Engineering Development NOTE: ACTION: This file was tabled from 7/13/04 and 8/3/04 Vacation of an equestrian easement on Lot 7 of the Refiling of Lots 25 through 29, Aspen Mesa Estates, First Filing. 8/17/2004 12 LOCATION: Lot 7, Refiling of Lots 25 through 29, Aspen Mesa Estates, First Filing AFP-00190 Aspen Mesa Lot 7 Joe Forinash, Planner Development (10 minutes) LOCATION: This file was tabled from 7/13/04 and 8/3/04 An amended final plat which would reflect the vacation of an equestrian easement pursuant to File No. G-OOO 17 to allow construction of a dwelling in the existing easement. Aspen Mesa Estates (Missouri Heights) (aka 0098 Sierra Vista) NOTE: ACTION: TITLE: Aspen Mesa Estates Lot 7 FILE NO./PROCESS: AFP-OOI90 / Amended Final Plat LOCATION: Aspen Mesa Estates (Missouri Heights) (aka 0098 Sierra Vista) OWNER: Frederic & Barbara Jax APPLICANT: Frederic & Barbara Jax REPRESENTATIVE: Frederic & Barbara Jax STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION SUMMARY: An amended final plat which would reflect the vacation of an equestrian easement pursuant to companion File No. G-OOO 17 to allow construction of a dwelling in the existing easement. CHRONOLOGY: 1968 - Final plat approved for Aspen Mesa Estates - First Filing, creating an equestrian easement through the subdivision. 1969 - Final plat approved for the Refiling of Lots 25 through 29 of Aspen Mesa Estates - First Filing, which created Lot 7 as it is currently configured including the equestrian easement which is the subject of this plat. SITE DATA: Surrounding land Uses I Zoning: East: Residential I RR (Rural Residential) West: Residential / RR (Rural Residential) North: Residential IRR (Rural Residential) South: Residential / RR (Rural Residential) Zoning: RR (Rural Residential) Access: Sierra Vista STAFF REPORT STAFF FINDINGS: Pursuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Cori1111unity Development Director has made the following findings: STANDARD: Adjacent Property. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. The following adjacent property owners have been notified: Mark Walker, Scott & Terrie Patterson, Maryanne Jackson, Mike Hamberg, Darcy O'Connor, Lynn & Pepe Tanneo, Virginia Harlow, Bob & Judy Stumpus, Diana Rudge and Kit & Carol Mason. No letters have been received by the Community Development Department. [+] FINDING: Adjacent Property. [Section 5-290.G.3a] The Amended Final Plat DOES NOT adversely affect adjacent property owners. 8/17/2004 13 STANDARD: Final Plat Consistency [Section 5-290.G.3.b.] - Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. [+) FINDING: Final Plat Consistency [Section 5-290.G.3.b.] The proposed amendment IS consistent with the intent of the Final Plat as provided in a restrictive plat note. STANDARD: Conformance with Final Plat Requirements [Section 5-290.G.3.c.] -Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. [+) FINDING: Conformance with Final Plat Requirements [Section 5- 90.G.3.c.] The proposed amendment DOES conform to the Final Plat requirements and other a licable re lations, olicies and guidelines. STANDARD: Improvements Agreement [Section 5-290;G.3.d.] - Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. [+) FINDING: Improvements Agreement [Section 5-290.G.3.d.] An 1m rovements A eement IS NOT a licable. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3.e.]- If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (1) That areafor which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (2) That the proposed amendment is necessary in order to provide landfor a demonstrated community need. [-] FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive lat note. RECOMMENDED MOTION: I move the Board approve File No. AFP-00190, incorporating the Stafffmdings, and authorize the Chairman to sign the plat. Joe Forinash gave a background of the previous two files, which are related. He gave a visual presentation to the Board and Public. The final plats approved in the 1960's included the equestrian easements. In the 80's, the HOA abolished the easement, and all areas were authorized to be used by individual homeowners, but an action is required by the Board to officially abandon it. Mr. Forinash showed the equestrian easements that have already been abandoned by the County. He showed the fIrst filing of Refiling of Lots 25-29. He showed a close up of Lot 7, where the equestrian easement vacation is being sought. Staff findings are positive for all items and all recommend approval. There are two motions required for this, one for the vacation and one for the amended final plat. Mr. Bowman noted the conditions on the previous fIle presented by Mr. Hildreth are not necessary for this easement vacation. Brady Jax, the property owner was present and agreed with Mr. Forinash's and Mr. Bowman's presentation. Chairman Stone opened and closed Public Comment as there was none. Commissioner Gallagher wondered if Aspen Mesa should come in and apply for a total vacation rather than piecemeal it, they way they are. Mr. Jax stated that the Homeowner's Association probably doesn't want the expense of having to go through to do it and would rather see the individual homeowners do it. He had asked them to do it several times, but they were not interested in doing so. 8/17/2004 14 Commissioner Gallagher moved that the Board approve File G-OOO 17 Jax Equestrian Easement Vacation for Lot 7, Refiling of Lots 25-29, Aspen Mesa Estates, frrst filing. Chairman Stone seconded the motion. Of the two commissioners present, the vote was declared unammous. Commissioner Gallagher moved the Board approve File No. AFP-00190, incorporating the Staff findings, and authorize the Chairman to sign the plat for Aspen Mesa Estates. Chairman Stone noted that all the staff reports had positive findings and seconded the motion. Of the two commissioners present, the vote was declared unanimous. Mr. Jax gave public thanks to Mr. Forinash and Mr. Bowman for helping him through this process, as a lay man. AFP-00l93 Bachelor Gulch Village, Filing No.4 And Subdivision Improvement Agreement Bob Narracci, Planner Manager, Community Development ACTION: To reconfigure and combine Lots 107 and 108 into a new, larger Lot 107. The new Lot 107 will accommodate only one single-family residence. LOCATION: 292 & 295 Horizon, Lots 107 & 108 of Bachelor Gulch Village, Filing 4 TITLE: FILE NO.lPROCESS: LOCATION: OWNER/APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Amended Final Plat AFP-00193 / Amended Final Plat 0494 Horizon Vail I Arrowhead, Inc. A Colorado Corporation Gerry Amold Approval A. PROJECT DESCRIPTION: The proposed Amended Final Plat, if approved, will accomplish three goals: 1) To consolidate Lots 107 and 108, Bachelor Gulch Village, Filing No.4 into one new 8.605 acre lot entitled, Lot 107, Bachelor Gulch Village, Filing No.4 a Reconfiguration and Combination of Lots 107 and 108; 2) By virtue of reconfiguring the outer perimeter of Lots 107 and 108 respectively,' ingress and egress to the subject property also necessitates modification from the original plan. The new, preferred access easement alignment is recorded in Eagle County under Reception No. 870174 and is appropriately depicted and referenced on the proposed Amended Final Plat. The newly defined access easement provides access directly to the building envelope defined for the new Lot 107; 3) A building envelope has been defined on the Amended Final Plat that will constrain development to the most satisfactory building location on the resulting Lot 107. Building envelopes do not exist on Lots 107 and 108 as currently platted. B. SITE DATA: Surrounding Land Uses I Zoning: East: Ski-Way I PUD West: Ski-Way / PUD North: Ski-Way & Residential/Pun South: Ski-Way / PUD Existing Zoning: The Amended and Restated Guide to the Planned Unit Development Plan Arrowhead at Vail recorded on May 12,2003 at Reception No. 832915. Total Area: 8.605 Acres C. STAFF FINDINGS: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of the Amended Final Plat: a. Adjacent Property. The proposed amendment does not adversely affect adjacent property owners. All adjacent property owners have been duly noticed. Two adjacent property owners were notified with no 8/17/2004 15 response received: 1)J. Rex Farrior, III Revocable Trust - Owner of Lot 105, located to the south of the subject property, and; 2) Vail/Arrowhead, Inc. - Owner of all other lands surrounding the subject property. b. Final Plat Consistency. The proposed amendment is consistent with the intent ofthe Final Plat; c. Conformance with Final Plat Requirements. The proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d. Improvements Agreement. An executed improvements agreement is included for the Chairman's signature. Said agreement includes cost estimates for access improvements, construction of a skier bridge over said access, erosion control, water and sewer system improvements, storm water drainage control appurtenances and utilities. The applicant has provided Eagle County with a performance guarantee to ensure proper installation and completion of all necessary infrastructure improvements as approved with this Amended Final Plat; e. Restrictive Plat Note Alteration. A restrictive plat note alteration is not applicable. D. STAFF RECOMMENDATION: Suggested Motion: I move that the Board of County Commissioners approve Flle No. AFP-00193 and authorize the Chairman to sign the Amended Final Plat and the Subdivision Improvements Agreement. Mr. Narracci gave a background and history of this file. The property is located in Bachelor Gulch Village. As currently platted, Horizon Road terminates at Lots 107 and 108. There are three goals: to remove the common lot line, to combine two lots, 107 and 108, into one lot, define a building envelope on the most logical buildable location and to redefme access to this property. The realigned driveway easement will bring traffic away from the home on Lot 105. All findings are positive and staff recommends approval of this application. Ms. Gerry Amold of Vail Resorts was present and agreed with his report. Chairman Stone opened and closed Public Comment, as there was none. Ms. Arnold stated that these ,two homesites were never sold as individual sites. There is a contract on the single lot filing with the defined building envelope, pending approval of the amended final plat. Commissioner Gallagher moved that the Board of County Commissioners approve File No. AFP-OO 193 incorporation staff fmdings and authorize the Chairman to sign the Amended Final Plat and the Subdivision Improvements Agreement. Chairman Stone seconded the motion. Of the two commissioners present the vote was declared unanimous. AFP-00197 Miller Ranch Filing 2 Joe Forinash, Planner Development ACTION: An amended final plat which would create, vacate and/or amend certain easements on the Miller Ranch Filing 2 final plat LOCATION: Miller Ranch Filing 2; Tract D, Berry Creek Miller Ranch POO Miller Ranch Filing 2 AFP-00197/ Amended Final Plat Miller Ranch Filing 2; Tract D, Berry Creek Miller Ranch POO OWNER: Eagle County APPLICANT: Eagle County REPRESENTATIVE: Berry Creek LLC (Ross Graves) STAFF RECOMMENDATION: Approval TITLE: FilE NO.lPROCESS: LOCATION: 8/17/2004 16 PROJECT DESCRIPTION SUMMARY: An amended final plat which would [I] remove certain "encroachment exception" language from the easement notes, [2] provide new utility easements for transformer locations and [3] provide 2-foot "sidewalk easements" along the street and alley side and the "Parcel" side of,alllots. CHRONOLOGY: - 2000 -- PUD Sketch Plan approved for Berry Creek I Miller Ranch PUD. 2002 - Combined PUD Sketch /Preliminary Plan approved for Berry Creek I Miller Ranch. 2002 -- Final plat approved for the Berry Creek I Miller Ranch PUD. 2002 - Site Specific Development Plan approved for Miller Ranch on Tract D of the Berry Creek / Miller Ranch PUD. 2002 - Final plat approved for Miller Ranch Filing 1. 2003 - Final plat approved for Miller Ranch Filing 2. SITE DATA: Surrounding Land Uses I Zoning: East: School I PUD West: Residential, community facility / PUD North: Miller Ranch Road, 1-70 / PUD South: UP Railroad ROW, residential (The Reserve, Miller's Creek) I RSM and PUD Existing Zoning: Total Area: Access: PUD 19.199 acres Miller Ranch Road STAFF REPORT STAFF, FINDINGS: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community DevelopmentDirector has made the following findings: STANDARD: Adjacent Property. [Section 5-290.G.2.a.] -- Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. The following adjacent property owners have been notified: Matthew D. Hall, Elizabeth D. MacLeod, Karen J. Spaid, Maria de Jesus & Moises Hernandez, Judith Beall & Michael S. Regrut, Christopher D. Dudar, Kimberly F.Andrews, Jamie L. & David L. Meirowsky, Matthew D. Hall, Claire A. Thayer, Kimberly P. & Daniel T. Brewster, Kelley L. Renna & Mark J. Fisher, Eric L. Rubottom, Leslie A. Fickling, Roger N. Cardoza, Kevin S. Lawrence, Rafael G. & Beatriz P. de Fernandez, Ramiro & Antonia Gutierrez, John C. & Eva L. Landreth, David M. & Brynn E. Marzella, and the Eagle County School District (RE50J). No letters have been received by the Community Development Department. [+] FINDING: Adjacent Property. [Section 5-290.G.2.] The Amended Final Plat DOES NOT adversely affect adjacent property owners. STANDARD: Final Plat Consistency [Section 5-290.G.2.b.] -Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. [+] FINDING: Final Plat Consistency [Section 5-290.G.2.b.] The proposed amendment IS NOT inconsistent with the intent ofthe Final Plat as provided in a restrictive plat note. 8/17/2004 17 STANDARD: Conformance with Final Plat Requirements [Section 5-290.G.2.c.] - Review of the Amended Pinal Plat to determine if the proposed amendment conforms to the Pinal Plat requirements and other applicable regulations, policies and guidelines. [+] FINDING: Conformance with Final Plat Requirements [Section 5- 90.G.2.c.] The proposed amendment DOES conform to the Final Plat requirements and other a licable re lations, policies and idelines. STANDARD: Improvements Agreement [Section 5-290.G.2.d.) - Adequacy of the proposed improvements agreements and/or off-site road improvements agreement whf!n applicable. [+] FINDING: Improvements Agreement [Section 5-290.G.2.d.] An Im rovements A eement IS NOT ap licable. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.2.e.] -lfthe amendment is an alteration of a restrictive plat note at least one of the follOWing criteria must be met: (3) That areafor which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (4) That the proposed amendment is necessary in order to provide landfor a demonstrated community need. (5) [-] FINDING: Restrictive Plat Note Alteration [Section 5-290.G.2.e.] This amendment IS NOT an alteration of a restrictive lat note. RECOMMENDED MOTIONS: I move the Board approve the amended f"mal flat for the Miller Ranch Filing 2 and authorize the Chairman to sign the Certificate of Dedication and Ownership. I move that the Board of County Commissioners approve File No. AFP-00197 incorporating the Staff findings and authorize the Chairman to sign the plat. For this file, Commissioner Menconi was present, and Chairman Stone recused himself because of a conflict. Mr. Forinash gave a presentation ofthe file on the computer. The applicant wants approval of the fmal amended plat which would [I] remove certain "encroachment exception" language from the easement notes, [2] provide new utility easements for transformer locations and [3] provide 2-foot "sidewalk easements" along the street and alley side and the "Parcel" side of all lots. Staff findings are positive and he recommends approval. There are two motions required to approve and sign the plat as property owner and to approve the application of the amended final plat. Mr. Steve Wujek, representing Berry Creek LLC, commented that these are technical corrections and are not changing the size oflots. Commissioner Gallagher opened and closed Public Comment as there was none. Commissioner Menconi had no questions. Commissioner Gallagher asked about sidewalk easements in the alley, as sidewalks had never been done. He also questioned the sidewalk easement in the front as being necessary. Derek Grendel, associate of Mr. Wujek, explained the sidewalk easement was to create construction tolerance. It allows for a margin of error, not that they are going to build a sidewalk. He is not familiar with the alley easement as being a sidewalk easement. Mr. Wujek surmised it was for the same reason as the front easement. Mr. Gallagher had concerns about taking off property from the property owners. Mr. Forinash stated the intention is to allow for errors, but there is the potential for sidewalks, but it is not probable. He doesn't know of the pavement and its proximity to the lot lines, but he assumes it comes quite close. Mr. Wujek stated that alleys already have a 4 foot utility easement and the 2 feet easement is within the utility easement. 8/17/2004 18 Mr. Sulmeisters commented that there is a 4 foot utility and snow storage easement that is not paved. Half of those four feet would be a 2 foot sidewalk easement. This is a buffer zone for construction and it allows them to fix any future maintenance without having to go onto the property line. It is not the intent ofthe contractor to build a sidewalk in the alley. Mr. Gallagher asked if garages are on the property line, or back off of the easement. Mr. Grendel stated that they are offthe easement line. Commissioner Menconi moved the Board approve the amended final flat for the Miller Ranch Filing 2 and authorize the Chairman to sign the Certificate of Dedication and Ownership. Commissioner Gallagher seconded. Ofthe two voting commissioners, the vote was declared unanimous. Commissioner Menconi moved that the Board of County Commissioners approve File No. AFP-OO 197 incorporating the Staff fmdings and authorize the Chairman to sign the plat. Commissioner Gallagher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Eagle River Youth Coalition Report Beth Riley of Eagle River Youth Coalition was present to give her report. Ms. Kathleen Forinash gave a background of the coalition. It includes 19 member youth-serving agencies in the valley. Their 2004 budget is $111,000 and for every dollar the county has provided, it has been matched by $3.50 from other cOnlmunity and state grants. Half of the budget goes directly to these organizations. The coalition now has state funding from many state agencies, along with the local funding it receives. Ms. Riley thanked the commissioners for their support. She listed their current activities and successes: They have implemented a social norms marketing campaign. They can change behavior in a positive way surrounding tobacco use, drinking and driving, and family life. The goal of this campaign is to change beliefs and perceptions. They had several capacity filled meetings about suicide prevention with participation from over 20 organizations. There will be 6 new suicide programs initiated this year. They have 4 task forces working in this area that overlap. They are promoting the assets of youth, as well. Another success has been the monthly networking meetings to bllild partnerships with other organizations. They have enhanced resource development, such as hosting Mountain Philanthropy Day that brought 40 philanthropists to the county. The ERYC is an example to funders of how our community builds partnerships, which is a current trend with funders. She talked about the youth assessment and gave a copy to the Board of Commissioners. It was complete with support from many organizations. Their survey is larger this time around and they used passive consent this time rather than active consent. They are better than the national average with tobacco use, by about 9%. There are programs in all the local schools. They are better than the national average with alcohol use, however of those that do drink, they are not responsible driI1kers, as Yz ofthe seniors are binge driI1kers. Many will ride with someone who has been driI1king. Our rate of youth crashes is one of the highest in the state, as the Coalition was approached by the state with this information. A grant has been given to address the problem. Fewer youths are feeling "useless". However, there is an increase in % of youths attempting suicide, higher than the national average. The national rate for girls is 11.5% and our rate is 17%. These attempts are very dangerous, requiring ambulance service and causing brain damage. Students feel less safe at school than in the previous years. This may be due to overcrowding or bullying, but there are programs being put in place. Seatbelt and helmet use has increased, but is still below the national average. Most youths report they are in good health. Drug use is less than the national average; fewer youths are sexually active, 10% less than the national average. However 44% of those engaging in sex aren't using a condom and an equal percent are doing so while drunk or high. More youths have been arrested locally than the Colorado state average, though it may have to do with the vigilance of the local police forces. Leading challenges identified by a community consensus to work on are: alcohol use, parent and family impacts, fitness and nutrition, and suicide. September 9th will be a community report where they will give findings in greater detail. Chairman Menconi thanked Ms. Riley for her report. 8/17/2004 19 Chairman Gallagher thanked her, as well, and asked for a copy of the in-depth report. He told her of the Victims' Impact Panel and its potential uses. He asked if there is any change in sex education to promoting abstinence rather than the use of protection. She stated that Plan A is abstinence, but if you are going to do it, be safe and smart about it.' They have a Spanish-speaking representative go to these presentations, as well. Chairman Stone also thaI1ked her for her report and expressed the appreciation of all three commissioners for her work. Attest: __.._____.______ Clerk to the Board 8/17/2004 20