No preview available
HomeMy WebLinkAboutMinutes 01/10/06 PUBLIC HEARING January 10, 2006 resent: Am Menconi Peter Runyon Tom Stone Bruce Baumgartner Bryan Treu Walter Mathews Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Commissioner Runyon moved the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on the Homestake Project's "Camp Hale" case, Town of Minturn water court applications, RlCD legislation and the Town of Avon's RICD application which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b), Colorado Revised Statutes. Commissioner Stone seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Session which was seconded by Commissioner Runyon and unanimously approved. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of January 9 and January 16,2006 (Subject to review by the F inance Director) Mike Roeper, Finance Department B. Approval of Payroll for January 19,2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department C. Approval of the Minutes of the Eagle Board of County Commissioners Meetings for November 8 and November 15,2005 Teak Simonton, County Clerk and Recorder D. Application for Community Services Block Grant for the Healthy Babies and Families Program Kathleen Forinash, Health & Human Services E. Approval of One-Time Funds to Supplement the Cost of Second National Head Start Hispanic Institute Kathleen Forinash, Health & Human Services F. Resolution 2006-002 Reappointing Lisa Tuthill to the Eagle Valley Library District Board of Trustees Attorney's Office Representative G. Amendment to Extend Contract with ASW for Miller Ranch Resales Housing Department Representative H. 5MB-00375, Berry Creek Ranch Filing 1, Lot 25. A final plat to subdivide Lot 25 Berry Creek Ranch Filing 1, to create two (2) Yz duplex lots to be known as Lots 25A and 25B. This plat will also create a 1 1/10/06 common access easement for these lots. Jena Skinner-Markowitz, Community Development Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no considerations and the agenda was appropriate as presented. Commissioner Stone moved to approve the Consent Agenda, Items A-H. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input There was none. Approval of the Sixth Revision of the Eagle County Investment Policy Attorney's Office Representative / Treasurer's Office Mr. Treu stated that this is standard procedure which must be done annually to insure that everyone is comfortable with the policy. Ms. Karen Sheaffer indicated that this presentation is strictly routine to set the policy for the coming year. Commissioner Runyon moved to approve the Sixth Revision of the Eagle County Investment Policy Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle ~ounty Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. El J ebel LLC d/b/a El Jebel Convenience Store This is a renewal of a 3.2 Percent Beer Retail License, in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Rays X-Bar Fly Inc. d/b/a Ray's This is a renewal of a Hotel and Restaurant Liquor License, in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. C. Boulder Beaver LLC d/b/a Dusty Boot Saloon This is a renewal of a Hotel and Restaurant Liquor License, in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Commissioner Stone moved that the Board approve the Liquor Consent Agenda for January 10,2006, consisting of Items A-C. 2 1/10/06 Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as he Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. An Ordinance 2006-001 Prohibiting Smoking in Public Places, Places of Employment and Other Places of Interest in Unincorporated Eagle County Attorney's Office Representative Chairman Menconi stated that this is the second reading on adoption of this ordinance. Narda Riegel spoke to the Board on behalf of the "Get Real Students Program". She has worked with these children for several months. The group has received a grant and wanted the Board to know about the passion these children have for communicating the dangers and effects of smoking. They feel it is most important to inform the community, their peers and children younger than themselves. Chairman Menconi indicated that the Board met these students at the first reading. He presented a certificate of achievement to the coalition for their invaluable assistance with the passage of the ordinance. Don Parsons spoke to the Board. He is with the Colorado Public Health Association; he is also the co-chair of the smoke free Summit coalition. Summit County also passed an initiative to encourage their Commissioners to ban smoking. The towns in Summit County were also encouraged to follow suit. On June 1, 2004 all Summit County municipalities and unincorporated areas enacted an ordinance banning smoking. There has been no negative feedback and in fact has reduced criminal activity. They feel they are now appealing to a different crowd. There has been a 6% increase in sales tax since that time and they have not had problems with international visitors. One of the greatest achievements is that employees and entertainers have volunteered their praise for this ordinance. He is pleased that the ski areas will also go smoke free. Jennifer Corrigan spoke to the Board. She is the clean indoor air policy manager at the Colorado Tobacco ~ducation and Prevention Alliance. She thanked the Board for the work they had done and offered her help as a resource. Chairman Menconi asked Ms. Corrigan how this ordinance was different from what she has seen in the state or rest of the country. Ms. Corrigan indicated that this is most similar to the process in Summit County. In most cases the councils will pass these ordinances without first asking the people for their feedback. She added that the resounding number of votes in favor was also a first. Commissioner Runyon asked if the wording of the Eagle County ordinance is different. Ms. Corrigan indicated that the fact that lift lines were included makes it unique. Chairman Menconi asked what Ms. Corrigan thought about the statewide legislation that is pending related to a statewide ban. Ms. Corrigan stated that the legislation has more support this year than last year. The bill itself will not have any pre-emption language that would override county ordinances. Shelly Moltz -Evans with the Valley Partnership for Drug Prevention spoke to the Board. She believes this is a premier ordinance which is clear and strong. She feels that Eagle County is leading the country on this issue. She is only aware of two other ski resorts; one in Maine and one in Oregon which have enacted such an ordinance. Sheriff Joseph Hoy spoke to the Board. He asked about the way that the ordinance would need to be enforced. Bryan Treu stated that it is written with flexibility. Sheriff Hoy stated that the cart had been put before the horse and he expressed displeasure that this had not been discussed prior to the ordinance being passed. He stated that this would be the last thing that his deputies would enforce. He is concerned about the logistics. Chairman Menconi stated that he believes SheriffHoy was present at the first reading and that they had been made aware at that point that this would put an additional burden on the Sheriff's department. He added that )art of the findings included that in Summit County there was very little enforcement required. Don Parsons responded that this was indeed the case in Summit County, and added that most of the enforcement is done by the other patrons of the establishments or the hospitality service workers. Their law enforcement folks have been standing ready but have not been called. It has been largely self enforcing. 3 1/10/06 Sheriff Hoy stated that no one should assume that the Sheriff's department would jump on the issue without bringing them to the table prior to passage. Chairman Menconi reiterated that he believes Sheriff Hoy was present at the first reading and the Board is following through on the wishes of the citizens of Eagle County. Sheriff Hoy indicated that this would not be a high priority for his department. Commissioner Stone apologized to Sheriff Hoy for failing to reach out to him prior to this point. He mentioned the need for this outreach at the work session related to this issue. He doesn't think the discussion should be ended on a sour note. He believes that discussion needs to happen and that they need to come up with a mutually agreeable final situation. He asked for SheriffHoy's cooperation. Chairman Menconi concurred. Commissioner Runyon also agreed that the Board was remiss and they would work to rectify this situation. He indicated that an assumption was made that the Sheriff's Department would not be actively involved in controlling the ordinance. He spoke of a situation where someone becomes unruly due to being told they could not smoke and that in this situation the Sheriff's Department would become actively involved. He also apologized. Jeff Forbes, owner and operator of Coyote Cafe in Beaver Creek. He is concerned about the outside areas. He asked if the question to the voters had differentiated between inside and outside smoking. Chairman Menconi stated that the ballot question was based on inside smoking. The Board expanded the area to include exterior areas. The strength of the passage of the question provided justification for this expansion. Mr. Forbes stated that there are many foreign guests who would be totally alienated. He makes a living off foreign tourists. He believes this restriction is too strong. He asks that outside smoking be allowed. Commissioner Stone added that he had explored this issue in depth. He believes that the current strength of the resolution is the right way to go after his research. Many times those who smoke are pushed outside and this eliminates others who don't smoke from having the option to dine outside. He believes Mr. Forbes concerns will be proven to be without merit. He thinks patrons will learn to live with it. Mr. Forbes believes people will not visit Vail due to this ordinance. Commissioner Stone politely disagreed. Lorie Blackwell spoke to the Board. She was a tobacco prevention coordinator in Summit County. When he Summit ordinance was passed they sat down with the mayors to determine best practices to enforce the rdinance. There is an education piece ahead in her opinion. She encouraged working with business owners to help them understand how to require compliance. Commissioner Stone asked for a highlight of the changes in the currently proposed ordinance. Mr. Treu stated that the first change is on page 5; section 8 which added the distance of the restricted perimeter which would be 25 feet. The other change is in section 10, page 6 which related to hotel and motel rooms and the fact that on the first reading it was 30%, and at this point it is written as 10% may be designated as smoking rooms. Chairman Menconi endorsed these changes. Commissioner Runyon indicated his approval of the entire ordinance. He had many relatives who died from smoking related diseases. He grew up in a smoky environment. He stated that he believes the limitation on hotel and motel rooms which could be designated as smoking should be higher than 10% so that hotels and motels would not lose customers. He is in favor of a 30% allocation. Smoking in individual homes would still be allowed and a hotel room is defined as an extension of one's home. He wondered if individual floors could be designated smoking or non-smoking. He asked for a compromise of 20%. Chairman Menconi stated that there would be a press conference following the vote. He does not believe the Board is sanctimonious in supporting this ordinance. Personally the death of his father was the most profound event in his life and his death was due to smoking. He honors his father by supporting this ordinance. He believes he honors his staff and the children who have supported this ordinance. Commissioner Stone moved to approve Ordinance Prohibiting Smoking in Public Places, Places of Employment and Other Places of Interest in Unincorporated Eagle County. Commissioner Runyon seconded the motion. The vote was declared unanimous. 4 1/10/06 Resolution 2006-003 The Annual Appointments Attorney's Office Representative, Bryan Treu Commissioner Stone moved to approve the Annual Appointments Resolution. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Menconi stated that it was his honor to turn the chairmanship over to Commissioner Runyon. Chairman Runyon thanked Commissioner Menconi for his leadership over the past year. He was honored to hand the ceremonial gavel to Commissioner Menconi. Press Conference-Smoking Ban Ordinance Abatement Hearings Assessor's Office Representative Mark Hiss, Deputy Assessor explained the petitions. Petitioner Schedule No. A. Juanita Irene Pedotto R046363 B. Knight Family Qualified Personal Residence Trust No.2 P029064 Commissioner Stone moved that the Petition of Juanita Irene Pedotto for Abatement/Refund of taxes for 3chedule No.P046363 for the tax year(s) 2003 & 2004 and the Petition of Knight Family Qualified Personal Residence Trust No.2 for Abatement/Refund oftaxes for Schedule No.P029064 for the tax year 2004 be approved in the amounts and for the reasons set forth in the Assessor's recommendation. Commissioner Menconi seconded the motion. The vote was declared unanimous. c. Lisa M. Augustine R033920 Mr. Hiss indicated that the representative for the petition had provided a letter requesting that the value be determined at $738,560. The Assessor's staff had reviewed the comparables for the period required and feel they have sufficient support for the value determined $822,640. Mr. Treu stated that the only document provided by the petitioner did not include any comparable sales data. Mr. Hiss concurred. He also stated that he had not heard from the petitioner. Commissioner Stone moved that the Petition of Lisa M. Augustine for Abatement/Refund of taxes for Schedule No. R033920 be denied for the tax year(s) 2003 & 2004 in the amounts and for the reasons set forth in the Assessor's recommendation. Commissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files PDP-00032 and ZC-00076 Willits Bend PUD Bob Narracci, Planning Department Mr. Narracci stated that the applicant is working on some planning and annexation issues. 5 1/10/06 NOTE: REQUEST TO TABLE INDEFINITELY ACTION: Zone change and PUD Preliminary Plan for a flexible space, mixed use development consisting of 92,555 square foot for retail/commercial, office, restaurant, light mfg. wholesale & warehouse, and residential. LOCATION: 1712 Willits Lane (east ofthe Oak Grove Townhouses; west of Aspen Basalt Campground and MHG) STAFF RECOMMENDATION: Table Commissioner Menconi moved that the Board of County Commissioners table indefinitely File Number PDP-00032 and ZC-00076 Willits Bend PUD at the applicant's request. Commissioner Stone seconded the motion. The vote was declared unanimous. Attest~l Clerk to the Boa d There being no further business befo ." rd, the meeting was adjourned until Ja ,:. "'~ ~,,~'/:;'l..p' ~4.. ~~.,,! :r'O,/(- ..:;...~..:S::..,\\:..... .....- ,," d... ';_.,:," ;'; ',.> ,',,;, ' .:,' ~. . " "" :", ',,::~ .',' '; ,- "::, 'c. '( ',' .. ,.',' ;. '-".:_ ~. ~- ,"', ~. -.. ,-,j' i' ,\_ i 't '~'- ~, ".~!, .. ~ 6 1/10/06