HomeMy WebLinkAboutMinutes 02/27/07
PUBLIC HEARING
February 27, 2007
Present:
Am Menconi,
SaraFisher '
Bruce Baumgartner
Bryan Treu
Christina Hooper
Teak Simonton
Pat Magdziuk
Chairman
Commissioner
County Manager
County Attorney
Assistant County Attorney
Clerk to the Board
Deputy Clerk to the Board
, Absent:
Peter Runyon
Commissioner
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This being a scheduled Public Hearing, the following iteins were presented to the Board of COUllty
Commissioners for their consideration:
Executive Session
_ It was moved, seconded and unl\nimously agreed to go into Executive Session for the purpose of receiving
legal advice on the fIrst appearances and sentencing for the liquor violations which is an appropriate topic 'for
discussion pursuant to C.R.S. 24-6-402(4)(b), Colorado Revised StatOtes. At the close of the discussion, it was
moved, seconded and Ullanimously agreed t<t adjourn from Executive Session arid re-convene as the Board of
County Commissioners.
Special Recognition
Chairman Menconi opened the meeting with a special recognition of Richard and Valerie Kesler for their
years of service with the' Eagle County Fair and Rodeo.
Commissioner Fisher spoJ,(e of great respect of the Keslers and their service to Eagle County. She thanked
them for the work they have done 'over the years.
Chairtnan Menconi 'spoke to the Kesler~about his fIrst memories of the Fair and Rodeo with them on hand.
. Valerie Kesler spoke about the volunteers and staff of young people they had hired over the years.
Richard Kesler told the Board how satisfying and rewarding it had been over the past years working with
the community, the Board and the staff. He added that working with Brad Higgins has been a pleasure.
Chairman Menconi, Commissioner Fisher and Mr. Higgins presented the Keslers with a plaque of
appreciation.
Consent Agenda
Chairman Menconi stated the fIrst item before the Board was the Consent Agenda as follows:
A. Approval ofQill paying for the week of February 26,2007 (subject to review by the Finance Director)
Finance Depar,tment Representative
Do Approval of payroll for March 1,2007 (subject to teview by the Finance Director)
Finance Department Representative
C. Approval of the minutes of the Eagle County Board of Commissioners meeting for January 30, 2007
Teak Simonton, Clerk & Recorder
D. Agreement for supplying and hauling scrap tire chips to the Eagle County Landfill
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Brad Higgins, Road & Bridge Department
E. Memorandum of Understanding between Eagle County and the Bureau of Land Management
Keith Montag, Community Development
F. Rilsolution 2007-020 concerning designation of offIcial legal newspaper \
Attorney's OffIce Representative
G. Advertising Agreement between Eagle County, Colorado and Colorado Mountain News Media
Attorney's OffIce Representative
H. Resollltion2007-021 repealing and restating Resolution No. 98-27 concerning the control and licensing of
dogs and impoundment and disposition of animals
Attorney's OffIce Representative
I. Resolution 2007-022 Transferring and distributing revenues from the County Forest Reserve Fund for
Fiscal Year 2006
Treasurer's Office Representative
J. Resolution 2001-023 notifying the State Treasurer to distribute Federal Mineral Leasing Funds in
accordance with the provisions of S 34-36-102" C.R.S. .'
Treasurer's Office Representative
K. Addendum between Eagle County and Blue Lake Preschool
Kathleen Forinash, Health & Human Services
L. Agreement between Eagle County and Eagle Care Medical Clinic for prenatal health care
Kathleen Forinash, Health & Human Servic~s
M. Agreement between Eagle County and Bethanie Nelson Linda1 to provide family services
Kathleen Forinash, Health & Human Services
N. Agreement between Eagle County and Heart of the West Counseling, LLC to provide family serviCes
Kathleen Forinash, Health & Human Services
O. Lease Agreement between Eagle County and The Resource Center
Tom Johnson, Facilities Management
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P. 5MB-00413 Dakota Duplex, a final plat to subdivide the existing lot into two Yz duplex lots; Lot 22A will
consist of .271 acres with the remaining .270,acres allotted t022B for a total of .541 acres.
Terri Johnson, Community Development
Chairman Menconi stated there were no concerns from the Attorney's OffIce.
Commissioner Fisher moved to approve the Consent Agenda, Items A-P.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unanImous.
Citizen Input
There was none.
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Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority. \
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Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Eagle County Liquor License Authority
Teak Simonton, Clerk to the Board
ESTABLISHMENT:
DBA:
REPRESENTATIVE:
LOCATION:
YEAR LICENSE ISSUED:
STAFF REPRESENTATIVE:
Enterprise Hotels of Colorado, Inc.
Rocks Modem Grill
Jeffrey Bay, General Manager
26 Avondale Lane-Avon (Beaver Creek)
January 2005
Kathy Scriver
DEsCIUPl'lON:
Show Cause Hearing stemming from the following events:
On December 15, 2006 at approximately 8:55 p.m., this establishment allegedly sold an alcoholic beverage to
a minor durmg an llI1derage compliance check performed by the Eagle County Sheriff's Office.
Rocks Modern Grill has stipulated to a violation of the Colorado Liquor Code. Accordingly, this matter is before
the Board for the"-9tencing portion of the Show Cause Hearing. Stipulation attached.
MITIGATING FACTORS:
This is the establishment's fIrst Violation in 2007.
AGGRAVATING FACTORS:
While operating under the trade name, Black Diamond Grill, it failed a State compliance check. It was alleged that
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on March 23, 2005 the licensee permitted the sale of an alcohol beverage to an eighteen-year-old liquor
enforcement division underage purchaser.
STAFF RECOMMENDATION:
For fIrst time violations, this Board has previously issued a to-day suspension holding 8days in abeyance for one
year. However, staffbelieves a 14-day suspension holding between 9 and 12 days in abeyance, and requiring the
licen.see to serve between 2 and 5 days of active suspension would be more appropriate in this case given the recent
iricrease in violations within Unincorporated Eagle County and the fact that this is a second violation for licensee.
As such, staff recotnmends that the Rocks Modern Grill liquor license be suspended for .14 days with between 9 and
12 days held in abeyance for one (1) year, from the date of the approval ofthis agreement by the local licensing
authority. If Rocks Modern Grill violates the Colorado Liquor Code within this year, all days will be served in
addition to any other disciplinary action imposed by the Authority. The days of active suspension shall be served
within the next 3 months with at least one (1) of those days being a Saturday.
Pursuant to state statute, c.R.S. Section 12-47-601 ( 3)(a)(lI), Enterprise Hotels of Colorado, mc. would not
be eligible for payment of a fihe in lieu of having its license suspeaded because its license had been suspended
within two years immediately preceding the date of the most receat violation.
DISCUSSION:
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Anthony Lazzara, General Manager and Robert Mason, Corporate Chef were present to represent Rocks
Modern Grill.
Christina Hooper, Assistant County Attorney stated the Rocks Modern Grill had received the violation in
December for selling to a minor. They had stipulated to the violation. She recommended that the Board acceptthe
stipulation. She read the stipulation in which Rock Modem Grill admitted the violation occurred and agreed to
accept the appropriate disciplinary actions. Staff recommended a 14-day suspension holding between 9 and 12
days in abeyance and to serve between 2 and 5 days of active suspension. The mitigating factors are that this is the
establishment's first violation; however, the licensee failed a state compliance check under another name in 2005.
Mr. Lazzara stated that they admit to the violations and take this infraction very seriously:. He stated the
entire staffhasgoneJ:hrough rIPS training. They have taken steps to insure that this would not happen again.
Mr. Mason stated that they have a zero tolerance policy regarding selling to minors. He reiterated the TIPS
training. The staff member who was in violation is no longer employed.
Chairman Menconi stated that this Board takes these violations very seriously.
Commissioner Fisher asked how many servers are employed and who conducts the TIPS training.
Mr. Lazzara replied that there were about twenty employees and the TIPS program is ongoing.
Commissioner Fisher asked about closing the establishment during the off season. Sh~ asked that the
applicant request days suspended be duringthe regular ski season.
MOTION:
Commissioner Fisher moved that the Local Licensing Authority suspend the liquor license of Entetprise
Hotel Colorado, Inc. for 14 days, holding 9 days held in abeyance for a period of one (1) year. If Enterprise Hotels
of Colorado, Inc. d/b/a Rocks Modern Grill violates the Colorado Liquor Code with the year; all days will he served
in addition to any other sentencing by the Board. The 5 days of active suspension must be served within the next 3
months with at least one (1) of those days being a Saturday.
Chairman Menconi seconded the motion. Of the two voting commissioners the vote was declared
unanimOus.
ESTABLISHMENT:
DBA:
REPRESENTATIVE:
Tile Rumpus Room, Inc.
The Rumpus Room
William (Bill) Woodruff, Owner/Manager
Sterling Bradbrook, Owner
1140 Edwards Village Blvd B201-B203 in Edwards
September 19, 2006
Kathy Scriver
LOCATION:
YEAR LICENSE ISSUED:
STAFFREPRESENTATNE:
DESCRIPTION:
Show Cause Hearing stemming from the fonowing events:
On December 15,2006 at approximately 10:45 p.m., this establishment allegedly sold an alcoholic
beverage to a minor during an underage compliance check performed by the Eagle County Sheriff's Office.
he Rumpus Room has not stipulated to a violation.
STAfF COMMENT: . '
Rumpus Room did not attempt to contact the Liquor License Coordinator or County Attorney's OffIce after the
Order to Appear and Show Cause was mailed to the address contained in its liquor license. After eventually being
contacted by the Attorneyls OffIce, Mr. Woodruff requested a continuance on Wednesday, February 21,2007, of
which staff denied. The Order to Appear and Show Cause provided that a postponement would only be granted if
requested at least 10 days prior to the hearing date.
STAFF RECOMMENDATION:
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That the Rumpus Room licensees appear before the Board to answer the allegation against them and/or to explain
their request for continuance in this matter.
DISCUSSION:
William Woodruff stated the reason they had not stipulated is that the bartender is contesting that he sold to
a minor and they were instructed that stipulating to the violation would have a negative impact on his criminal case.
He asked for a continuance and if not granted the he would request that the stipulation not affect the outcome of the
criminal case.
Ms. Hooper stated that she would discuss this at the end of the meeting.
Commissioner moved to continue the hearing dated to be determined.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
ESTABLISHMENT:
DBA:
REPRESENTATIVE:
LOCATION:
YEAR LICENSE ISSUED:
STAFF REPRESENTATIVE:
Hyatt Corporation
Park Hyatt Beaver Creek/Whiskey Elk
Roger Morris, Attorney at Law
136 E Thomas Place-Avon (Beaver Creek)
2002
Kathy Scriver
DESCRIPTION:
Show Cause Hearing stemming from the following events:
On December 15, 2006 at approximately 7 :40 p.m., this establishment allegedly sold an alcoholic
beverage to a minor during an underage compliance check per!ormed by the Eagle County Sheriff's Office.
Park Hyatt Beaver Creek has stipulated to a violation of the Colorado Liquor Code. Accordingly, this matter is
before the Board for the sentencing portion of the Show Cause Hearing. Stipulation attached.
MITIGA'I'ING FACTOR:
Clerk's records indicate that this is the establishment's fIrst and only offense.
AGGRAVATING FACTOR:
None
STAFF RECOMMENDATION:
For fIrst time violations, this Board has previously issued a lO-day suspension holding 8 days in abeyance for orie
year. However, staffbelieves a 14-day suspension holding 12 days in abeyance is appropriate given the recent
increase in violations within Unincorporated Eagle County. As such, staff recommends that the Park Hyatt Beaver
Creek liquor license be suspended for 14 days with 12 days held in abeyance for one (1) year, from the date of the
a.pproval of this agreement by the local licensing authority. If the Park Hyatt Beaver Creek violates the Colorado
Liquor Code within this year, all days will be served in addition to any other disciplinary action imposed by the
Board. The 2 days of active suspension shall be served within the next 3 months with at least one (1) of those days
being a Saturday.
Staff has been informed that the Park Hyatt Beaver Creek may petition for permission to pay a [me in lieu of
serving any days of active suspension imposed. Pursuant to state statute, the Local Licensing Authority may, in its
sole discretion, stay the proposed suspension and grant a petition for permission to pay a fine in lieu of having the
license suspended for all or part of the suspension period if the Authority is satisfied:
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02/27/07
it
I. That the public Welfare and morals would not be impaired by permitting the licensee to
operate during the period set for suspension and that the payment of the fIne will achieve the
desired disciplinary purposes;
n. That the books and records of the licensee are kept in such a manner that the loss of sales
of alcohol beverages that the licensee would have suffered had the suspension going into effect can
be determined with reasonable accuracy therefore; and
nI. That the licensee has not had his or. her license or permit suspended or revoked, nor had
any suspension stayed by payment of fIne, during the two years immediately preceding the date the
complaint which has resulted in a fInal decision to suspend the license.
If the Authority is so inclined and is satisfied that the factorS noted above have been met, Staff would recommend
that licensee pay for ten days of the suspension period, holding six days in abeyance pending no further violations
of the Liquor Code during the ensuing year.
DISCUSSION:
Ms. Hooper explained this fIle and the violation. The only thing before the Board is the disciplinary
hearing. This is the fIrst offence and there were no aggravating factors to consider.
Roger Morrison, Attorney for the Hyatt spokeo. He stated the Hyatt accepts full responsibility and takes
this violation very seriously. He added some facts that should weigh in on the :Board's decision. This.is the frrst
offense in the 18 year history of this establishment. Second, the Hya,tt has taken remedial measures - the person
who sold to the minor is no longer handling alcohol. Third, the Food and Beverage Manager resigned and is no
longer with the Hyatt. Fourth, he stated all the employees at the Hyatt are TIPS trained, and the Hyatt is proactive
in the TIPS program. He asked the Commissioners to consider certain parts of the code and read them to the Board.
He stated that the Hyatt qualifIes as a responsible alcoholic beverage handler and this shouldbe considered by the
Board. He read further from the liquor code regarding aggravating circumstances and a first violation and stated
that the Hyatt meets these circumstances and asked that the Board follow the State guidelines regarding issuing a
warning rather that a suspension.
Ms. Hooper commented that all establishments within Unincorporated Eagle County must be TIPS trained
to have a Liquor License. /
Commissioner-Fisher asked the Clerk's offIce what has been the recommendation for establishments with
no previous violations.
Teak Simonton replied that a 10 day suspension with 8 days held in abeyance in for one year.
Ms. Hooper added that the Liquor License Coordinator felt that given the recent increase in violations that
a 14-day suspension holding 12 days in abeyance would be more appropriate.
Chairman Menconi stated that as long as he has served as Commissioner that the Boards hav~ always taken
'-- liquor offenses very seriously. It is the general philosophy of the Board of County Commissioners that there be no
service to those under the age of 21. He reminded Mr. Morrison that the code is merely a guideline for the local
liquor licensing authority.
Mr. Morris stated the Hyatt had accepted guilt and is requesting that a warning letter be issued to the hotel
and that if subsequent violations occur then go to the suspension.
Chairman Menconi stated that he disagreed with his recommendation.
Mr. Morrison argued that the Hyatt with 18 years of no violations, with responsible staff, TIPS training,
and the measures that are in place. The Hyatt is a very responsible organization and asked again to be issued a
warning rather than a suspension.
Chairman Menconi asked Mr. Morrison to compare the Hyatt with Rocks Modem Grill and asked him to
reconsider his recommendation.
Scott Mason, registered manager for the hotel asked the Board to consider reducing the number of days of
suspenSIOn.
Commissioner Fisher asked about the hotel's closure at the end of the ski season.
Mr. Mason replied that the Hyatt does not close after ski season.
Chairman Menconi stated his desire to see "cash in lieu" of suspension.
Commissioner Fisher stated it was her understanding that if days are to be considered then the "cash in
lieu" would be based on a certain percentage of gross revenue of alcohol sales for the number of days of active
suspenSIOn.
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02/27/07
Ms. Hooper stated that there were various ways to calculate the "cash in lieu" of suspension and the
seasonal nature of this area should a.lso be considered.
Mr. Morrison stated that the Hyatt would be receptive to paying a "cash in lieu" of suspension after the
number of active days of suspension had be determined.
Chairman Menconi stated that he would like to see five days of active suspension plus 5 days of payment in
lieu.
Bryan Treu explained that the Board would have to issue the suspension first and then the Hyatt could
make a request for a fine in lieu but it would be necessary for the Board to understand from the license holder
which direction they were going.
Mr. Morrisqn stated that the Hyatt is amenable to paying a fIne in lieu of suspension. He stated that the
maximum fIne for cash in lieu of suspension is $5,000 and he believes 10 days would put them over that number.
Commissioner Fisher asked how many liquor servers they within the Park Hyatt.
Mr. Mason stated they have 72 active servers.
Chairman Menconi asked how 2 days active suspension translates into 5 days of payment in lieu.
Ms. Hooper stated that the payment would equate to 2 full days of suspension.
Commissioner Fisher stated that given that this is the 1 st violation in 18 years and other mitigating
circumstances that although she does not want this violation to be taken lightly, believes that the Hyatt's record
should be a factor.
Cotnrtlissioner Fisher moved that the Local Licensing Authority approve the staff's recommendation ofa
14-day suspension, with 12 days held in abeyance for one (1) year. If the Hyatt Corporation d/b/aPark Hyatt
Beaver Creek violates the Colorado Liquor Code with the year, all days will be served in addition to any other
sentencing by the Board. The 2 days must be served within the next 3 months with at least one (1) of those days
being aSaturday. /
Chai~an Menconi seconded the motion for discussion. He asked about the sllspension being served so it
would not fall into the off-season.
Cotnrtlissioner Fisher replied that the Hyatt would remain open after the close of ski season and
understands that their business would be less, but remembering that this is the fIrst violation. She reminded the
licensee that if while sitting on the Board there is a second violation there would be a very different perspective.
Chairman Menconi asked again about serving the suspensiOn during ski season or after ski season.
Commissioner Fisher stated that the license holder might want to consider requesting days during the
regular ski season.
The question was called for on the motion. Of the two voting commissioners, the vote was declared
unanImous.
Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convehe as
the Eagle County Air Terminal Corporation.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unanImous.
Eagle County Air Terminal Corporation Meeting
Attorney's OffIce Representative
1. Approval of minutes of February 6, 2007 meeting;
Mr. Baumgartner moved to approve the minutes of the February 6,2007 meeting.
Ms. Fisher seconded the motion. The vote was declared unanimous.
2. Consideration of:
a. American Airlines Air Terminal Corporation Building Lease and First Addendum to Lease;
b. Delta Airlines Air Terminal Corporation Building Lease and First Addendum to Lease;
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02/27/07
c. Northwest Airlines Air Terminal Corporation Building Lease and First Addendum to Lease;
d. ~kyWest Airlines Air Terminal Corporation Building Lease;
Mr. Baumgartner moved to approve all of the above leases.
Ms. Fisher seconded the motion. The vote was declared unanimous.
Mr. Treu stated that U.S. Air would be sending their agreement today and he would like itfo be included in
the motions.
3. Terminal Concessionaire RFP award;
Chris Anderson presented this award. With the guidance of the ECA T board there would be- two
concession spaces. They are seeking a coffee shop format for one of the spaces. Two bids were submitted
one from news and gift shop international and the other by Eagle Arrow, LLC. He spoke about the criteria
requirements.
Ms. Fisher asked if either were local business.
Mr. Anderson indicated that one was from the Aspen area.
Mr. Menconi stated that NGSI is the clear winner based on the criteria presented.
Mr. Baumgartner moved to approve NGSI as the successful proposes for the coffee, gift and news
concessions at the airport and authorize staff to prepare a lease agreement.
Ms. Fisher asked if the current space holder might vacate the space early.
Mr. Anderson did not believe there was a risk of this occurring.
Ms. Fisher seconded the motion.
The vote was declared unanimous.
4. New Business;
Mr. Anderson spoke about the FL Y Vail summer committee. They attempted to attract Ftootier Airlines.
The airline is interested and asked the committee to look deeper into marketing options. Locations within
the terminal were also explored for counter and office space. The committee will respond to the airline's
questions shortly.
Ms. Fisher wondered about counter space.
Mr. Anderson stated that there would be counter space made available.
Mr. Baumgartner wondered whether now would be a good time to entertain'letters of interesll for the
restaurant I food experience at the airport.
Mr. Anderson stated that the airport staff would like to explore interest levels and renewed ooncepts in this
area. They would like to offer the options of reconfIguration of floor space to learn how proposed services
could compare to existing services.
Mr. Menconi expressed favor for the proposal.
Mr. Treu suggested renewing the agreement in order to maximize flexibility.
Mr. BaumgartnClrstated that he was in favor of directing staffto move forward with soliciting letters of
agreement. He encouraged the current vendor to submit a letter of interest as well for the fuuure.
Ms. Fisher wondered if this could compromise the provision of food service for the summer season.
Mr. Treu stated drat technically the lease could be terminated early and a new lease initiated for the summer
season.
Ms. Fisher did not want to compromise the current lessee if there were no other interested parties.
Mr. Anderson stated that ample notice would be given and that the study would be done ina manner that
would not compromise any service at the airport terminal.
Ms. Fisher seconded the motion.
The vote was unanimous.
Mr. Menconi wOllldered about the second FBO in relation to the RFP process.
Mr. Baumgartner stated that there was a previous recommendation based on the letters of intrerest and three
responses received that the next step be a more formal proposal which would provide opportmnities to
provide more infurmation. He also suggested that with BI6 radar coming on line it makes semse to go
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02/27/07
through a winter season to determine the new operating conditions for the airport. He believed it would be
an appropriate time to solicit those RFP's.
Mr. Menconi wondered about the steps required before sending out an RFP to determine standards and
criteria.
Mr.Baumgartner agreed that this would be helpful.
Commissioner Fisher moved to adjourn as the Eagle County Air Terminal Corporation and re-convene as
the Eagle County Board of County Commissioner.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Planning Files
There were none.
Attest:
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