No preview available
HomeMy WebLinkAboutMinutes 03/13/07 Present: Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Robert Morris Christina Hooper Teak Simonton Kathy Scriver PUBLIC HEARING March 13, 2007 Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Assistant County Attorney Clerk to the Board Deputy Clerk to the Board This being a scheduled Public Hearing, the followingitems were presented to the Board of Cotmty Commissioners for their consideration: GENERAL FUND A 1 BAIL BoNDS AFFILIATED CREDIT SERVICE AILI FOSS ALEXANDER CLARK GRAPHICS ALEXANDERPOTENTE ALLPHASEELECTIUCSUPPLY ALL STATE COMMUNICATIONS ALI'lNAlRE HEALTHCARE ALPINE LUMBER COMPANY AMANDA BAY AMERICAN TlGERSTRIKE INC AMERIGAS AMY BERENS ANDERSON & KEIL ANDIE NOAKES ANDREE KIM ANIMAL HEALTH ANIXTER COMMUNICATIONS AUTO CHWR SYSTEMS A V TECH ELECTRONICS INC AVON CENTER A T BEAVER CK AVON COMMERCIAL OWNERS B J ROWE BALCOMB AND GREEN BASALT QUICK LUBE BEEP WEST RADIO PAGING BENTLEY SYSTEMS INC BERLITZ LANGUAGE CENTER BEST ACCESS SYSTEMS BEST WESTERN EAGLE WDGE BETHANY VAN WYK BIG STEVES TOWING BLACK HAWK EQUIPMENT BOB BARKER COMPANY BOYD COFFEE COMPANY BRUCE BAUMGARTNER BRUCELLI ADVERTISING CO REFUND REFUND REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SER REIMBURSEMENT REFUND REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES' SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES SUPPLIES REIMBURSEMENT SERVICE I 3/13/07 23,90 9.80 216.78 1,247.00 133.96 56.24 1,796.00 4.00 288.39 22.77 1,027.84 1,000.79 122.85 18.20 235.00 1,002.72 1,014.67 677 .88 111.25 2,998.10 2,170.07 2,658.61 46.98 2,963.10 45.25 186.00 60JOO 150.00 384.46 300.00 60.35 470.00 3,030.32 2,070.84 671.04 47.05 20.50 BUSCH PROFESSIONAL CORP CAACO CANSD CARMEN LOZOYO-VELEZ CAROLYN P MAST CASFM CASTLE PEAK VETERINARY CATHY ZEEB CDW COMPUTER CENTERS CEAFCS CEMA CENTER FOR EDUCATION AND CENTRAL DISTRIBUTING CENTURYTEL CENTURYTEL OF EAGLE CHARLENE WHITNEY. CHARLES B DARRAH CHARLIE CUNO CHARM TEX CHERYL THOMAS CINOULAR WIRELESS CO DEPT AGRICULTURE CO DEPT PUBLIC HEALTH AND CO DIRECTORS ENV HEALTH CO SENIOR SERVo CORP DIR COLE-PARMER COLLECTION CO OF AMERICA COLLEEN WIRTH COLLETTS COLORADO DEPT REVENUE COLORADO MOUNTAIN NEWS COLORADO STATE FOREST COLORADO WEED MANAGEMENT COLORADO WEST MENTAL HLTH COMPUTER SITES INC CONSERVE A WATT LIGHTING CONTINUING LEGAL CONTRACTPHARMACYSERV~E COpy PLUS CORPORATE EXPRESS CORPORATE EXPRESS IMAGING COWBOY CA TERlNG CZ INCORPORATED DALY PROPERTY SERVICES DAVID A BAUER DAY TIMERS INCORPORATED DEBBIE RODRIQUEZ DECATUR ELECTRONICS DENNIS WILLEY DENVER CHECKWRITER, INC. DIXIE KOZINSKI DOCTORS ON CALL DOLPHIN CAPITAL CORP DON OLSEN DOREEN CONST ANINE REFUND SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE REIMBURSMENT REFUND REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REFUND REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE REFUND SERVICE JlEIMBURSEMENT SERVICE -!REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT 60.00 180.00 IOO.OO 53.46 1,550.00 30.00 438.25 1,247.00 493.74 17.50 130.00 159.00 1,480.79 669.66 3,151.03 363.09 14.70 28.00 264.57 103.28 221.06 300.00 IOO.OO 120.00 75.00 675.66 40.00 21.62 123.30 25.00 10,252.24 200.00 1,476.19 1,156.40 3,200.00 214.40 2IO.94 5,890.23 3,732.25 8,430.42 139.12 6,229.25 2,200.00 1,535.50 37.00 134.91 347.20 8,844.50 76.00 22.45 225.00 3IO.00 364.14 5.83 49.95 2 3/13/07 DOVIA DREO MANAGEMENT DUFFORD WALDECK & MILBURN EAGLE COUNTY CLERK EAGLE COUNTY HEALTH AND EAGLE COUNTY MOTOR POOL EAGLE COUNTY SHERIFFS OFF EAGLE PHARMACY EAGLE RIVER YOUTH COAL. EAGLE V ALLEY GLASS AND EAGLE V ALLEY PRINTING EDWARDS BUILDING CENTER EDWARDS PLAZA LLC ELECTION CENTER EMC2 EMPLOYERS COUNCIL SERVICE ENGINEERING NEWS RECORD EPS DESIGN AND PRINT ERIN DOWD ESRI EVERETT FAMILY FUNERAL FALCON ASSOCIATES INC FAMILY SUPPORT REGISTRY FARRELL & SELDIN FEATHER PETROLEUM CO FEDERAL EXPRESS FERGUSON ENTERPRISES INC FILE FINDERS LT[) FINANCIAL EQUIPMENT COMPA FIRKINS GARAGE DOORS FIRST INDEMNITY OF AMER. FLAMINGO HOTEL FLORIDA MICRO FLoWERS N SUCH FRANKLIN COVEY FRED PRYOR SEMINARS FREDERIC LEE MARTENS FRONTIER PRECISION INC FSH COMMUNICATIONS LLC GABRIELA VELASCO GALLS INCORPORATED GEORGIE C ZINDA GIV GLENDA WENTWORTH GLENN PADGETT GLENWOOD SPRINGS PARKS GOLDEN EAGLE SENIORS GOVCONNECTION, INC GRAINGER INCORPORATED GRAND JUNCTION PIPE AND GREAT AMERICAN LEASING GREATEREAGLEFIREPROTEC HARRY L SIMON HARVARD BUSINESS REVIEW HASLER INC \ \ SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE REFUND REFUND SERVICE SERVICE SUPPLIES' SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REFUND SERVICE SERVICE 55.00 2,105.48 1,772.22 25.00 480.00 7,783.42 4,262.90 195.12 1,490.13 376.00 2,345.50 35.08 43,276.44 250.00 231.68 1,425.00 82.00 1,549.27 34.02 2,250.00 1,080.00 150.00 2;734.18 44.74 4.50 794.43 8.08 315.00 345.00 300.00 1,150.68 876.36 4,577.69 49.00 31.45 99.00 62.45 75.50 6,5.00 25.92 3,496.45 669.50 7,189.81 ... 118.62 28.00 80.00 800.00 979.85 1,063.30 411.95 2,038.00 1,996.48 28.60 99.00 189.00 3 3/13/07 HEALTH INSURANCE FUND HEALTH PROMOTION MGT INC HELLO DIRECT INC HEWLETT PACKARD HIGH COUNTRY COPIERS HOLY CROSS ELECTRIC ASSOC HOPKINS MEDICAL PRODUCTS HOROWITZ/FORBES LLP HOT SPRINGS POOL & LODGE HUMAN RELATIONS MEDIA HUMAN RESOURCE PLUS INC HV AC SUPPLY IACIS INDUSTRIAL SOLUTIONS INTEGRATIVE MEDICINE INTERIOR PLANTSCAPES INTERNAL REVENUE SERVICE INTERNAP NETWORK SYSTEMS INTERNATIONAL ASSOCIATION ISLAND BUSINESS GROUP INC IVAN RAPCAN J.P.COOKE CO JACKIE CRuMB JAMES DISHER JAMES F PEARCE, P.E. JAMES H THERRELL IV JBT'S CUSTOM SILK JENNIE WAHRER JILL HUNSAKER JOHN ANGLIN JOSEPH L FORINASH . KATHLEEN BULL KAUFMAN BILL KEN SEXTON KIMBALL lNTERNA TIONAL KINDER MORGAN INC KRISTIN DIEDRICH LAFARGE CORPORATION LEGACY COMMUNICATIONS INC LffiERTY ACQUISITIONS LIFESPAN TECHNOLOGY LINDA MAGGIORE LINEBARGER GOGGAN BLAIR LISA VASQUEZ LYNDA GUSTAFSON MAIN AUTO PARTS MARCIN ENGINEERING INC MARI RENZELMAN MARKS PLUMBING PARTS MBIA MCCAULLEY REBECCA T MCMAHAN & ASSOCIATES LLC MESA COUNTY SHERIFF MICRO PLASTICS INC MICTA EMPLOYEE BENEFITS SERVICE SERVICE SERViCE SUPPLIES SERVICE SUPPLIES REFUND SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE REFUND SERVICE SERVICE SERVICE REFUND SERVICE REIMBURSEMENT REFUND SERVICE REFUND SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REFUND SERViCE REIMBURSEMENT REFUND REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE 4 3/13/07 29,158.97 7,394.44 322.25 9,538.00 870.97 ~ 18,710.03 292.55 30.00 530.00 230.92 6,360.00 46.92 65.00 600.00 5,050.00 200.00 200.00 2,427.40 300.00 800.00 11.20 . 156.04 119.07 81.70 2,515.00 7.00 5,277.50 400.00 181.44 28.00 98.43 225.00 254.39 235.00 535.71 680.09 158.76 283.63 366.11 74.70 1,124.00 191.97 104.00 4.91 150.00 42.84 340.00 129.60 283.17 5,079.60 31.59 10,200.00 150.00 94.80 100.00 MID V ALLEY METROPOLITAN MILLER VISUAL ARTS MITCHELL ENTERPRISE MOBILE VISION MONUMENT PHARMACY MOORE MEDICAL CORP MOUNTAIN COMMUNICATIONS MWI VETERNIARY SUPPLY CO NACRC NANCY SCHURR, NP NATIONAL ANIMAL CONTROL NATIONAL S!IERIFFS ASSOC NAWMA NEBS NEVES UNIFORMS NICOLETTI FLATER ASSOC NORTHWEST C;OLORADO NU CARE PHARMACUETICALS OC TANNER OFFICE DEPOT OSM DELIVERY LLC OVERLAND AND EXPRESS COMP PADDYWACKS DIST., LLC PAINT BUCKET THE PAPER WISE PAT NOLAN P A YFLEX SYSTEMS USA INC PF COMAC PILA TES CORNER PITNEY BOWES INCORPORATED PLACEW A YS, LLC POSTMASTER EAGLE BRANCH PROCESS FORWARDING I'SS,INC PUBLIC AGENCY TRAINING PUBLIC SAFETY WAREHOUSE PURCHASE POWER QUEST DIAGNOSTICS QUINLAN PUBLISHING CQMPAN QWEST RADISSON HOTEL RAYMONDPMERRY REGISTER TAPES UNLIMITED RENEE DUBUISSON RIFLE JET CENTER LLC ROBERT KURTZMAN DO ROBINSON TEXTILES ROCKHURST COLLEGE CONTINU ROCKY MOUNTAIN ACCOUNTING ROCKY MOUNTAIN INFORMATIO ROCKY MOUNTAIN POISON DRU SA-SO COMPANY SCHMIDT POLYGRAPH SCHW AAB SCOTT MYERS SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE, ,\ SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE REFUND SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSMENT 373.14 124.60 247.95 232.50 82.00 1,780.65 5,041.00 427.44 135.00 173.49 125.00 100.00 65.00 544.00 162.00 360.00 15,750.00 77.17 2,033.42 29.69 443.62 319.60 183.60 15.95 2,157.00 71.86 883.38 909.00 300.00 46.48 600.00 2,820.00 30.00 271.90 1,250.00 115.90 3,036.74 1,527.09 499.24 7,202.98 940.00 20.00 875.00 37.80 12,891.76 1,146.28 1,017.74 149.00 1,698.75 250.00 5.00 58.72 200.00 223.46 510.14 ~ 5 3/13/07 SCULL YS ART OFFICE AND SECURITY TRANSPORT SERVICEMASTER CLEAN SHAMROCK FOODS CORP SHEAFFER KAREN SHERI MINTZ SHERYL ZIMMER SIMON PROPERTY SERVICES SINTON DAIRY COMPANY SNOWHITE LINEN SO TECH SPECIAL OPERATION SOFT CODE INC SOFTVVARESPECTRUM SPIECKER HANLON & GORMLEY SPIEGEL MCDIARMID STATE4-H SENATE STATE DISBURSEMENT UNIT STEPHANIE REGAN STOP STICK STOP TECH L TD SUPERINTENDENT OF DOCUMEN SUPPORT PAyMENT SUSPENSE FUND SYMANTEC CORPORATION TAMMl MATTHEWS TAMRA BLACKARD TEAK SIMONTON TECH MEDICAL INC TED HESS PC TERRIE FISCHER THE GYM OF BASALT THE REMEMBER FOUNDATION THOMSON WEST GROUP TODD BONATTI TOWN OF EAGLE TRANE COMPANY TRANSOFT SOLUTIONS, INC. TRI COUNTY FIRE TYLER TECHNOLOGIES INC UNITED PARCEL SERVICE UNITED RENTALS UNITED SITE SERVICES UNITED STATES TREASURY UNITED VV A Y OF EAGLE US CLEANING PROFESSIONALS US FOODSERVICE INC USPCA NATIONAL SECRETARY VAIL DAILY THE VAIL ELECTRONICS VAIL MOUNTAIN RESCUE GROU VAIL POLICE DEPARTMENT V AIL V ALLEY MEDICAL VAIL VALLEY MEDICAL CENTR V ALLEY LUMBER VALLEY VIEW HOSPITAL VAX SERVE INC SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE REFUND SERVICE SERVICE REFUND SERVICE SERVICE SERVICE REFUND SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SUPPLIES REFUND REIMBURSEMENT SERVICE SERVICE SERVICE REFUND SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REFUND SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE 75.00 2,244.72 3,840.00 4,245.08 181.53 693.34 1,025.00 1,110.00 539.28 132.42 712.00 23,800.00 92,183.00 11.20 97.72 200.00 700.00 250.00 3,439.75 19,00 363.00 245,205.18 4,589.00 151.88 899.00 167.82 99.76 39.80 79.24 1,500.00 867.07 2,750.89 11.84 2,539.89 624.75 320.00 168.00 4,831.00 459.00 342.71 107.51 939.14 20.00 25,508.10 5,712.30 80.00 850.50 2,000.00 11,200.00 12,377.00 1,500.00 6,172.36 216.83 3,540.09 3,209.72 6 3/13/07 VERIFICATIONS INC SERVICE 709.90 VERIZON WIRELESS, SERVICE 6,838.79 VINCI LAW OFFICE REFUND 30.00 I VISA CARD SERVICES SERVICE 44,163.62 WASTE MANAGEMENT SERVICE 1,213.33 WCAEHO SERVICE 30.00 WECMRD SERVICE 1,600.00 WELLS FARGO PAyrOLLEXPD 526,508.48 WESTERN EAGLE COUNTY SERVICE 1,033.50 WESTERN SLOPE BAR SERVICE 48.40 WESTERN SLOPE SUPPLIES SUPPLIES 683.66 WILLIAM G HORLBECK PC SERVICE 2,880.86 WRIGHT WATER ENGINEERS SERVICE 3,802.87 WYNTTAYLOR REFUND 14.10 XCELENERGY SERVICE 1,071.82 XEROX CORPORATION SERVICE 7,067.14 PAYROLL FOR FEBRUARY PAYROLL 3 &4 772,624.06 2,225,541.83 ROAD'AND BRIDGEJiVND BRUCE WALLACE REIMBURSEMENT 75.00 CENTRAL SERVICES/EC SERVICE 265.94 COLORADO LTAP SERVICE 40.00 COPY PLUS SUPPLIES 112.27 EAGLE PHARMACY SERVICE 8.33 GMCO CORPORATION SERVICE 2,130.48 HOLY CROSS ELECTRIC ASSOC SERVICE 692.72 INTER-WEST SAFETY SUPPLY SERVICE 450.48 NEW YORK MOUNTAIN LODGE SERVICE 250.00 PITKIN COUNTY PUBLIC WORK SERVICE 13,018.28 RANDY SCHLEGEL REIMBURSEMENT 75.00 ROARING FORK V ALLEY COOP SUPPLIES 51.96 ROCKY MOUNTAIN CUSTOMS REFUND 100.00 SAFETY & CONSTRUCTION SERVICE 69.16 SAFETY AND HEALTH SERVICE 957.53 TOWN OF GYPSUM SERVICE 239.85 US CLEANING PROFESSIONALS SERVICE 363.28 V ALLEY LUMBER SUPPLIES 35.98 VISA CARD SERVICES SERVICE 109.64 WASTE MANAGEMENT SERVICE 45.46 WESTERN SLOPE AGGREGATE SERVICE 10,795.65 WESTERN SLOPE SUPPLIES SERVICE 41.20 WYLACO SUPPLY COMPANY SERVICE 190.95 XEROX CORPORATION SERVICE 68.81 PAYROLL FOR FEBRUARY PAYROLL 3 &~ 72,795.73 102,983.70 SOCIAL SERVICES FUND ANDREWS FOODSERVICE SERVICE 297.00 AUTUMN MELCHER SERVICE 3,000.00 CAROL PRATER REIMBURSEMENT 110.51 CENTRAL SERVICES/EC SERVICE 5,943.32 COMMERCIAL SPECIALISTS OF SERVICE 382.50 7 3/13/07 CORPORATE EXPRESS. SUPPLIES 40.06 DARLENE MONTANO REIMBURSEMENT 92.37 DENVER COUNTY SHERIFF SERVICE 18.00 DOLPHIN CAPITAL CORP SERVICE 79.00 DOREEN CONSTANINE REIMBURSEMENT 268.11 EAGLE COUNTY MOTOR POOL SERVICE 2,939.52 EAGLE COUNTY SHERIFFS OFF SERVICE 38.60 EAGLE RIVER WATER AND SERVICE 4,000.00 FLORIDA MICRO SERVICE 1,380.00 HOLYCROSS ELECTRIC ASSOC SERVICE 1,002.14 ISABEL SANCHEZ REIMBURSEMENT 11.14 JAN GOVREAU REIMBURSEMENT 8.00 KATOCOUNSELING SERVICE 280.00 KIM HILDERBRAND REIMBURSEMENT 126.14 KYLE MCINTYRE REIMBURSEMENT 169.Q3 LA QUINTA SERVICE 210.00 LABORATORY CORPORATION OF SERVICE 184.00 LEXISNEXIS SERVICE 160.53 LEXISNEXIS COURTLINK INC SERVICE 51.95 LYONS KATHLEEN REIMBURSEMENT 12.96 OLGA WILKINS SERVICE 112.50 ORKIN EXTERMINATING CO SERVICE 57.75 PATRICIA CONKLE REIMBURSEMENT 10.00 SOFTWARE SPECTRUM SER 764.00 SST ABS SER 35.00 SYLVIA SALAZAR REIMBURSEMENT 95.64 VAIL HONEYW AGON LTD SER 33.50 VERJZON WIRELESS, SER 544.71 VISA CARD SERVICES SER 879.21 WYNNE MORGAN REIMBURSEMENT 105.86 XEROX CORPORATION SER 862.37 PAYROLL FOR FEBRUARY PAYROLL 3 &4 63,667.40 87,972.82 WRAp FUND TOWN OF VAIL SERVICE 450.00 450.00 CAPITAL IMPROVEMENTS FUND ANn A SCOTT SERVICE 10,125.00 BOYZ TOYZ & SONZ SERVICE 7,389.95 CUSTOM COAXIAL SERVICES SERVICE 19,600.00 GLOBAL KNOWLEDGE NETWORK SERVICE 3,035.25 HEWLETT PACKARD SERVICE 6,903.00 JOHNSON KUNKEL & ASSOC SERVICE 1,799.00 LAFARGE CORPORATION SERVICE 25,000.00 NEW WORLD SYSTEMS SERVICE 1,855.20 ROAD AND BRIDGE DEP ARTMEN SERVICE 8,934.30 VAIL DAILY THE SERVICE 773.49 VAUGHAN CONSTRUCTION SERVICE 16,849.59 VISA CARD SERVICES SERVICE 1,410.00 103,674.78 SALES TAX E.V. TRANSP. A & E TIRE INC SERVICE 1,443.12 8 3/13/07 Al AUTO ELECTRIC COMPANY ALPINE LUMBER COMPANY AMERICAN SALES INCENTIVES APEX SECURITY BUFFALO RIDGE AFFORDABLE CASTA CASTLE PEAK AUTOMOTIVE CENTRAL DISTRIBUTING CINGULAR WIRELESS COLLETTS COLUMBINE MARKET CORPORATE EXPRESS CUMMINS ROCKY MOUNTAIN DRIVE TRAIN INDUSTRIES EAGLE COUNTY MOTOR POOL EAGLE EMBROIDERY INC FEDERAL EXPRESS GILLIG CORPORATION GLOBAL EQUIPMENT COMPANY HIGH COUNTRY CUSTOM HOLY CROSS ELECTRIC ASSOC INSTA-CHAIN INC JANICE ANDERSON KW CONSTRUCTION KZYR-COOL RADIO LLC LAWSON PRODUCTS LIGHTHOUSE, INC., THE LIGHTS ON BROADWAY M&MAUTOPARTS MAIN AUTO PARTS MID WEST TRUCK MILLENNIUM TOWING MINOR STORAGE NORTHERN SAFETY CO INC NOVUS AUTOGLASS QUILL CORPORATION QWEST SOFTWARE SPECTRUM STEWART AND STEVENSON TOWN OF AVON TOWN OF GYPSUM UNITED STATES WELDING US CLEANING PROFESSIONALS USDA FOREST SERVICE VAIL NET VAIL VALLEY COMMUNITY VIEV A J DEGRAW VISA CARD SERVICES WASTE MANAGEMENT WESTERN SLOPE BAR WHITEALLS ALPINE WORKFLOWONE WYLACO SUPPLY COMPANY XCEL ENERGY XEROX CORPORATION SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVIC~ SUPPLIES SERVICE SERVICE 241.39 39.58 3,051.00 499.20 7,385.00 11 ,667 .00 346.94 872.71 340.60 1,147.85 22.08 291.96 3,750.33 6,13D.03 55,073.90 20.00 35.92 8,696.44 259.95 17.00 2,425.75 2,504.52 10.00 1,900.00 . 333.00 322.76 53.28 824.65 124.43 200.96 299.74 450.00 3,700.00 116.87 931.67 384.92 162.13 400.00 491.03 31,233.51 839.93 29.60 1,272.14 2,000.00 11. 95 295.00 28.46 2,178.55 159.21 17.60 295.60 237.76 417.47 534.06 510.90 9 3/13/07 ZEE MEDICAL SERVICE SUPPLIES 128.45 ZEP MANUFACTURING COMPANY SUPPLIES 158.28 PAYROLL FOR FEBRUARY PAYROLU &4 151,336.03 308,652.21 SALES TAX E.V. TRAILS BRYAN MILLER COMPANY SERVICE 5,632.80 COLUMBINE MARKET SERVICE 21.44 GOVCONNECTION, INC SERVICE 290.88 SCHMUESER GORDON MEYER SERVICE 3,780.00 VISA CARD SERVICES SERVICE 72.80 YEH & ASSOCIATES INC SERVICE 65.00 9,862.92 AIRPORT FUND AMERICAN ASSOC AIRPORT SERVICE 1,175.00 A V TECH ELECTRONICS INC SERVICE 725.00 BALCOMB AND GREEN SERVICE 20.00 BILL ANDREE SERVICE 25.00 CENTRAL SERVICESIEC SERVICE 481.83 CENTURYTEL SERVICE 4,050.40 CHIEF SUPPLY SUPPLIES 11.99 COLORADO MOUNTAIN NEWS SERVICE 3,436.1 7 CORPORATE EXPRESS SUPPLIES 408.49 CROUSE HINDS AIRPORT SERVICE 1,560.60 CRYOTECH DEICING TECH SERVICE 30,255.00 DALLAS FORT WORTH SERVICE 800.00 / DISH NETWORK SERVICE 177.97 DRIVETRAIN INDUSTRIES SERVICE 2,361.09 EAGLE COUNTY MOTOR POOL SERVICE 654.20 EAGLE V ALLEY PRINTING SERVICE 520.00 ELIZABETH WILT REIMBURSEMENT 32.40 , FIRKINS GARAGE DOORS SERVICE 95.00 FRONTIER RADIO SERVICE 2,501.00 GYPSUM TOWN OF SERVICE 432.79 HEWLETT PACKARD SUPPLIES 2,106.00 HOLY CROSS ELECTRIC ASSOC SERVICE 7,244.34 IMAGlNIT EMBROIDERY SERVICE 239.65 JAY MAX SALES SERVICE 174.33 I<ELLEY TRUCKING INC SERVICE 22,786.10 KINDER MORGAN INC SERVICE 4,045.50 KYLE CURRIE C/O WWF SERVICE 25.00 LAWSON PRODUCTS SERVICE 293.90 MAURICE MITCHELUCO VVJC SERVICE 25.00 MCI WORLDCOM SERVICE 23.00 METEORLOGIX SERVICE 477.00 MICRO PLASTICS INC SERVICE 15.00 MIDWEST AIR TRAFFIC SERVICE 36,324.50 MIKE KELLY SERVICE 13 130 MR PLUMBER INCORPORATED SERVICE 705.12 MULTI ELECTRIC MFG INC SERVICE 306.97 MYSLIK INC SERVICE 22,190.98 NEXTEL SERVICE 1,381.96 OSHKOSH TRUCK CORPORATION SERVICE 735.07 OVERLAND AND EXPRESS COMP SERVICE 1,261.50 10 3/13/07 US CLEANING PROFESSIONALS SERVICE 405.00 VAIL DAILY THE SERVICE 1,032.48 VAIL HONEYW AGON LTD SERVICE 2,100.00 V ALLEY VIEW HOSPITAL SERVICE 80.00 VISA CARD SERVICES SERVICE 686.67 WESTERN SLOPE BAR SERVICE 139.10 XEROX CORPORATION SERVICE 180.00 ZEE MEDICAL SERVICE SUPPLIES 154.72 PAYROLL FOR FEBRUARY PAYROLL 3 &4 17,873.63 41,547.66 MOTOR POOL FUND BERTHOD MOTORS SERVICE 192.56 BURT CHEVROLET, INC SERVICE 41.87 CASTLE PEAK AUTOMOTIVE SERVICE 565.38 CO DEPT OF LABOR & EMPLMT SERVICE 210.00 COLLETTS SERVICE 90,185.61 ECO TRANSIT SERVICE 10.00 G & K SERVICES SERVICE 335.66 GLENWOOD NATIONAL SERVICE 468.00 GLENWOOD SPRINGS CHRYSLER SERVICE 1,117.65 HANSON EQUIPMENT SERVICE 1,086.11 HENSLEY BATTERY SERVICE 397.10 HOLYCROSS ELECTRIC ASSOC SERVICE 1,790.96 HONNEN EQUIPMENT SERVICE 285.84 KYLE MCINTYRE SERVICE 26.64 M & M AUTO PARTS SUPPLIES 2,058.42 MCGEE COMPANY SERVICE 44.05 MYSLIK INC SERVICE 46.70 NAPA AUTO PARTS SUPPLIES 49.23 NOVUS AUTOGLASS SERVICE 295.00 POWER EQUIPMENT COMPANY SERVICE 14.83 POWER MOTIVE SERVICE 389.07 PREMIER TIRE TERMINAL SUPPLIES 2,501.32 ROCKY MOUNTAIN FLEET SERVICE 210.00 SNAP-ON INDUSTRIAL SERVICE 677.05 TIRE DISTRffiUTlON SYSTEMS SUPPLIES 192.00 TOWN OF GYPSUM SERVICE 620.13 US CLEANING PROFESSIONALS SERVICE 939.24 VAIL DAILY THE SERVICE 2,400.74 WAGNER EQUIPMENT 90MPANY SUPPLIES 1,176.23 WASTE MANAGEMENT SERVICE 117.54 WESTERN COLORADO SERVICE 27.80 WESTERN IMPLEMENTS SUPPLIES 30.72 WINTER EQUIPMENT COMPANY SUPPLIES 191.74 WYLACO SUPPLY COMPANY SUPPLIES 15,801.64 PAYROLL FOR FEBRUARY PAYROLL 3 & 4 19,506.44 144,003.27 HEALTH INSURANCE FUND AFLAC ATTN:RPS EMPLOYEE BENEFIT 5,995.04 DENMAN GREY AND COMPANY EMPLOYEE BENEFIT 2,300.00 JEFFERSON PILOT FINANCIAL EMPLOYEE BENEFIT 4,210.53 MOUNTAIN STATES ADMIN. EMPLOYEE BENEFIT 49,045.45 12 3/13/07 MUTUAL OF OMAHA PATRICIA CONKLE PROVIDENT LIFE/ACCIDENT UNITED STATES LIFE INS EMPLOYEE BENEFIT EMPLOYEE BENEFIT EMPLOYEE BENEFIT EMPLOYEE BENEFIT 3,904.83 500.00 134.24 1,246.30 67,336.39 ENHANCED E911 FUND LANGUAGE LINE SERVICES NOMAD TECHNOLOGIES QWEST SERVICE SERVICE SERVICE 926.04 850.00 14,209.15 , 15,985.19 3,778,870,04 Executive Session It was moved, seconded and unanimously agreed to go into Execu1ive Session for the purpose of receiving legal advice on five liquor license violators; Land Exchanges Western Land Group, Adam Poe; Nunn Property Acquisition; Pending new zoning category for federal lands; draft of proposed Housing Guidelines; Miller Ranch Housing Guidelines and Deed Restriction revision, which are appropriate topics for discussionpursuant toC.R.S. 24-6-402(4)(b) and (e) Colorado Revised Statutes. It was moved, seconded and urtanimously agreed to adjourn from Executive Session and re-convene as the Board of County Commissioners. State of the COllnty Address Peter Runyon, 2006 ChairIllan Citizens of Eagle COlll1ty, my fellow Commissioners and coworkers here atEagle County. I'm here to report to you that Eagle County has just had an outstanding year. I'm about to go over and highlight some of the County's accomplishments of2006 and directions for 2007. In the merciful interest of time, I wort't mention .all' of the wonderful things that have been done by' all of our departments: Animal Services; Administration; Community Development; the Airport; ECO Transit and Trails; Facilities; GIS; Health & Human services; Communications (which, papenthetically, produced this excellent brochure and the video you just saw) The County Attorney; CSU extension; Emergency Management; Environmental Health; Finance; Housing; Human resources; Innovation & technology; Road & Bridge; Fleet Management; Landfill; Weed & Pest management. We thank them all. We should also thank our other elected officials: Mark Chapin, Assessor, Teak Simonton, Clerk and Recorder, Kara Bettis, Coroner, Joe Hoy, Sheriff, Dan Corcoran, Surveyor; and Karen Sheaffer, Treasurer. Early on in 2006 the Commissioners made a commitment to examine and change the very culture of the County. Our intent was and is to empower the employees and engage them in the decision making process. Throughout the year we had a number of retreats and work sessions where we, as an organization, worked on our purpose, mission and core values. I'd like to report that this cultural shift has been overwhelmingly well received. I just recently received an e-mail from an employee who wrote: " .... .as a county employee of almost 16 years, thanks for the great changes taking place in the direction and management at the County. A lot of us feel like finally someone cares about what we have to say and contribute." That's how an organization goes from good to great! 13 3/13/07 Every one of those departments 1 just mentioned enthusiastically contributed to and wrote goals and objectives for their department all of which are being compiled into our first ever document "Building to Great". Probably the first such strategic business plan ever written by a county in the state of Colorado. Another major shift in policy has been to do a better job reaching out collaboratively to the towns and communities to work together on issues that affect us all. The days of the County government trying to dictate policy to the other municipalities is over. However, we do believe that the County is in a unique position to provide leadership in bringing together divergent ideas and coalescing them into solutions that will be better than any programs we can obtain individually. The first, and most notable, has been the formation of the Blue Ribbon Task force on affordable housing. Because this problem is so pervasive and daunting in magnitude, iUs logical that we tackle it as a community. W If; have also initiated a collaborative transportation task force here in Eagle County that is looking at various solutions. From TODs to the Union Pacific right of way. We are also actively involved in the 1-70 Corridor Coalition composed of 10 counties and 23 Municipalities. Another area of great interest to this board is responsible land use, an issue that affects everyone in Eagle County, no matter where you live. One of our goals is to add comprehensive planning elements to the county's land use code that addresses all of the impacts of growth. These impacts include where to house our workforce, efficient transportation and protection of Eagle County's most precious resource, our open space and scenic vistas. We also took major steps to make construction more environmentally friendly. Last year we implemented new ecoBuild Regulations in the county that require developers to use green building techniques and products. Currently, these regulations only apply to residential development, and 1 look forward to working on adding a commercial component this year. We also passed a landmark smoking ordinance to prevent premature deaths and illnesses from secondhand smoke by making all public places'and work places, including restaurants, bars, and 90% of hotel rooms, outdoor areas including lift lines, chairlifts and gondolas, and recreation areas are all smoke-free. Eagle County was proud to help take the lead on this issue as a precursor to the new statewide smoking ban. . ) In the spring of 06 we became acutely aware of a rapidly growing epidemic of bark beetles attacking oUr lodgepole pine trees. By working with our friends at NWCCOG and CCI, we have been successful in drafting legislation at both the State House and the US Congress with the goal of mitigating the long-term increased risk of catastrophic wildfire. Locally we have an active program of fuels reduction and we hope to heat the new Road and Bridge facility in EI Jebel with bio-mass. Our County will also soon be home to some spectacular new open spaces. We've been hard at work developing a plan for the Eagle River Preserve. Later this year, we hope to open the first phase of the project that will turn an unsightly gravel pit into a naturalJy beautiful park along the Eagle River that the entire community can enjoy for generations to come. We also worked collaboratively with Pitkin County and the town of Basalt to preserve ranch land from our open space fwid. The county is also moving forward with our comprehensive trail system that will connect all our communities. In 2006 we completed a mile of trail from Dotsero to Gypsum along the Eagle River. The project was a true example of partnership betw~en ecoTrails, our Road and Bridge department, federal and state agencies. This year, we'll continue construction of three miles of trail between Gypsum and Eagle. As people continue to come to Eagle County and enjoy our amenities, we need to work to sustain our booming economy in a way that supports the middle class. We're working with the community to develop economic models that will help us predict future socio-economic conditions and aide us and others in the decision making process. Our Health and Human Services department continues to service the needs of our growing population. Youth and Family Services helped 775 families last year, and more than 200 seniors participated in Adult Services programs_ 14 3/13/07 Our community continues to show its generous spirit, with a 31 percent increase in active volunteers through our Volunteer Services programs. For the first time, the Animal Services department created a school-based outreach program. The educational puppet show was performed in front of more than 70 kids last year, and should reach 200,by the end of the school year. For our seniors, our own housing department completed a half million-dollarrenovationto the 36 Golden Eagle Apartments, and we plan on adding 14 more low-income senior housing units to the facility. Additionally we continue to pursue the creation of an assisted living center for our seniors. Because our entire economy and way of life is centered around the natural environment, we believe that Eagle County should take a lead in environmentally responsible business practices. We're developing better recycling programs and facilities at our landfill. We're changing our own vehicle fleet to high mileage hybrids. And we are changing our facilities to make sure they are as energy efficient as possible. The county opened two new major facilities in 2006. The 45 thousand square foot Eagle River Center at the county fairgrounds was a huge success when it debuted at the Fair and Rodeo and the Miller Ranch Childcare and Community Center is both a gathering place and a source of much-needed quality childcare in the valley. EcoTransit is dQing their part to provided quality mass transportation to residents and visitors in Eagle County. At nearly 950 thousand, ridership numbers for 2006 were the highest in history, and a 27 percent increase from 2005. EcoTransit also published a long-term, integrated vision for high-speed regional transit, local feeder-circulator systems, and pedestrian and transit oriented cOmn.1unities. This study has been an ideal springboard for the Transit panel mentioned earlier. Once again, the Eagle Cou.nty Airport saw an increase in passenger service, and more improvements are underway to make the airport even more efficient and customer-friendly. A new instrumentlanding system came online in 2006, and with the addition ofa radar system this spring, we'll be able to land more planes, and bring more people, to Eagle County then, ever before. The runway extension project that began last year will be completed in 2008, lengthening the runway one thousand feet, and allowing airlines to operate more, efficiently. We are also studying significant improvements to the tertninal. The community now has the opportunity to see how we do it. This meeting, and all regular board meetings are broadcast live on our new government access television channel, ecoTV-18. The station is simply designed to make c'ountygovernment more accessible, to show you first-hand what we're doing, and to educate the community on all the programs and services that county government provides. These are just a few of the many accomplishments we've worked hard to achieve this past year. For a more detailed look that highlights all departments and elected offices, ple<;1se pick up a copy of our 2006 annual report. As county commissioners, we're proud to serve the community. We're deeply committed to the trust you've placed in us as elected officials, and look forward to working together to make Eagle County an even better place to live, work and play for all of us. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of March 12, 2007 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for March 15,2007 (subject toreview by the Finance Director) 15 3/13/07 Finance Department Representative C. Approval of the minutes of the Eagle County Board of Commissioners meetings for February 6, February 12 and February 20,2007 Teak Simonton, Clerk & Recorder's Office D. Resolution 2007-024 establishing regular public meeting days for the Eagle County Board of Commissioners for Fiscal Year 2007 Attorney's Office Representative , E. Agreement between Eagle County and CenturyTel to provide space and power for telecommunications facilities at McCoy, Colorado Attorney's Office Representative F. Agreement between Eagle County and CenturyTel to provide space and power for telecommunications facilities in Castle Peak, Colorado Attorney's Office Representative G. Agreetnen~ between Eagle County and Holy Cross Energy for underground relocation of overhead power lines - airport extension Facilities Management Representative / H. Agreement between Eagle County and Chris Morton to provide family services Kathleen Forinash, Health & Human Services I. Agreement between Eagle County and Aspen Center for Women's Health Kathleen Forinash, Health & Human Services J. Agreernent between Eagle County and Catherine Zakoian to provide family services Kathleen Forinash, Health & Human Services K. Agreement between Eagle County and Deborah Long to provide family services Kathleen Forinash, Health & Human Services L. Agreement between Eagle County and Joel Karr to provide family services Kathleen Forinash, Health & Human Services M. Agreement between Eagle County and Edward Gilliland to. provide family services Kathleen Forinash, Health &, Human Services N. Colorado Department of Transportation (Colorado Aeronautical Board) Grant agreement to participate in local match for federally funded runway expansion project Airport Representative Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney recommended pulling Item E and F. Commissioner Runyon moved to approve the Consent Agenda, Ite~s A-N excluding items E and F. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input There was none 16 3/13/07 Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-conveneas the Eagle County 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 ESTABLISHMENT: DBA: REPRESENTATIVE: The 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: STAFF REPRESENTATIVE: DESCRIPTION: ., Show Cause Hearing stemming from the following events: On December 15, 2006 at approximately 10:45 p.m.; this establishment allegedly SQld an alcoholic beverage to a minor during an underage compliance check performed by the Eagle County Sheriff's Office. The Rumpus Room has stipulated to a violation of the Colorado Liquor Code. AccOrdingly, this matter is hefore the Board for the sentencing portion of the Show Cause Hearing. Stipulation attached. MITIGATING FACTORS: This is the establishment's first violation since their opening in 2006. AGGRAVATING FACTORS: This establishment has been open for less than a year. " Clerk's records indicate that this establishment has attempted to provide some server training information but additional information is required. STAFF RECOMMENDATION: For first time violations, this Board has previously issued a 10-day suspension holding 8 days in abeyance for one year. However, staff believes a 14-day suspension holding 12 days i~ abeyance, and requiring the licensee to serve 2 days of active suspension would be more appropriate given the recent increase in violations within Unincorporated Eagle County. As such, staff recommends that the Rumpus Room liquor license be suspended for 14 days with 12 days held in abeyance for one (1) year, from the date ofthe approval of this agreement by the local licensing authority. If the Rumpus Room, Inc d/b/a Rumpus Room 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. In. addition, the establishment must provide and maintain evidence of server training. DISCUSSION: ) Ms. Scriver presented the background of the violation and the mitigating and aggravating factors. This is the first violation since the establishment opened in 2006. However, the aggravating factors included that the establishment had been open for less than one year and they had not provided sufficient server training information. Sterling Bradbrook representing the establishment was present. Chairman Menconi asked ifMr. Bradbrook ifhe had any comments. 17 3/13/07 Mr. Bradbrook stated that they had developed a new age verification training procedure for the establishment. All persons who appear to be under the age of 35 will be asked for identification from this point forward. All bartenders will ask for identification a second time once individuals order liquor. Mr. Menconi asked Ms. Hooper if all procedures had been covered. Ms. Hooper indicated that the only matter before the authority is the disciplinary decision. Commissioner Runyon moved to accept the stipulation. Commissioner Fisher seeonded the motion. The vote was declared unanimous. Commissioner Runyon stated that not too long ago the owners were presented with their new license. The Commissioners expressed grave reservations at that point and indicated that the establishment would be watched very closely. He is disturbed that the establishment didn't take the initial warning seriously enough, He agrees with the 14 day suspenSion along with 12 being held in abeyance, and believes this is a generous recoitnnendation. He asked the representative to take this suspension very seriously. Conunissloner Fisher asked about the lack of tips training verification. She asked how many servers the Rumpus Room had. i Mr. Bradbrook indicated that they had three servers each night. He indicated that two are tips trairied. They have had a significant staff turnover recently. He is TIPS trained and he is in the establishment every night. All of his staff have indicated that they,have received this training but had not provided ptoof. Conunissioner Fisher wondered if the establishment had originally committed to checking identification at the door. Mr. Bradbrook stated that this person had been terminated, as they were not doing their job on the evening in question. -Commissioner Fisher stated that the person not only made it past the door, but they also Were allowed to order liquor without being asked for identification. She believes the staff recommendation is too lenient. She believes it is a great responsibility to be given a liquor license. Several weeks ago another establishment had a\ similar violation. This establishment had to serve a 5 day suspension. She would like to see a greater punishment. She reconunended a 10-day suspension with 4 days held in abeyance. . Mr. Bradbrook stated that he had held another liquor license in the County and was aware of the responsibility and apologized for this lapse in procedures. He held a license in Vail. Chairman Menconi asked for a motion or further dialog between the two other commissioners. Commissioner Runyon asked Commissioner Fisher if the difference could be split. Mr. Bradbrook wondered if the hearing could be postponed until the other owner and registered manager, Bill Woodruff could be present. Chairman Menconi indicated that the Board has full discretion to impose penalties at this time. He echoed the concerns of his fellow Commissioners. He wanted to proceed with the penalty at this hearing. Commissioner Fisher moved that the Local Licensing Authority suspend the liquor license of The Rumpus Room, mc. d/b/a Rumpus Room for 14 days, holding 4 days in abeyance for a period of one (1) year. If The Rumpus Room, Inc d/b/a Rumpus Room violates the Colorado Liquor Code within the year, all days will be served in addition to any other penalty that may be imposed by the Authority. The 10 days of active suspension must be / served prior to the end of the ski season with at least one (2) of those days being a Saturdays. In addition, licensee is required to submit updated server training information no later than the opening of the establishment, including proof that all employees of the establishment have received current TIPS training and shall, in the future, continue to update the Clerk's records as necessary. The motion failed for lack of a second. Chairman Menconi stated that he agreed in principle with Commissioner Fisher's motion and recommendation but was in favor of fewer active days of suspension. He preferred 5 day of active suspension with 2 days being a Saturdays or Fridays. Commissioner Runyon moved that the Local Licensing Authority suspend the liquor license of The Rumpus Room, Inc. d/b/a Rumpus RoomJor 14 days, holding 9 days in abeyance for a period of one (I) year. If The Rumpus Room, Inc d/b/a Rumpus Room violates the Colorado Liquor Code within the year, all days will be 18 3/13/07 served in addition to any other penalty that may be imposed by the Authority. The 5 days of active suspension must be served prior to the end of the ski season with at least one (2) of those days being a Saturdays. In addition, licensee is required to submit updated server training information no later than the opening of the establishment, including proofthat all employees of the establishment have received current TIPS training and shall continue to update the Clerk's records as necessary. Chairman Menconi asked Ms. Scriver how she understood this motion. Ms. Scriver stated that the establishment would serve 5 days of active suspension, with 9 held in abeyance. These 5 days would be served within the next three months with two of the days being Saturdays. Commissioner Fisher requested that the suspension be served prior to the end of the Vail ski season, which she believed to be April 21st. Ms. Hooper wondered if the Board would like the suspension served prior to April 21 st. Commissioner Fisher concuiTed and requested an amendment to the motion. She preferred 7 days of active suspension to be served consecutively from. Saturday to Saturday. Chairman Menconi clarified that the amendment could be added due to a failure of the fIrst vote. Commissioner Runyon stated that he had asked for a compromise. Chairman Menconi stated that he agreed in principal with Commissioner Fisher's opinion but would prefer a five day suspension rather than 7. Commissioner RunYQ,n and Menconi voted in favor, Commissioner Fisher voted against the motion. ESTABLISHMENT: DBA: REPRESE.NTA TIVE: LOCATION: YEAR LICENSE ISSUED: STAFF REPRESENTATIVE: Blue Sky Restaurant Group, Inc Full Belly Kitchen & Pub Jeffrey Petruso and Chad Cremonese,owners 27 Main Street #C I 06, Edwards CO August 2005 Kathy Scriver DESCRIPTION: Show Cause Hearing stemming from the following events: On December 15, 2006 at approximately 10:29 p.m., your establishment allegedly sold an alcohol beverage toa minor during an underage compliance check performed by the Eagle County Sheriff's Office. Full Belly Kitchen 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. MITIGATING FACTORS: This is the establishment's first violation since their opening in 2005. AGGRAVATING FACfORS: Clerk's records indicate that proof of server training has never been submitted. STAFF RECOMMENDATION: For fIrst time violations, this Board has previously issued a lO-day suspension holding 8 days in abeyance for one year. However, staff believes a 14-day suspension holding 17 days in abeyance, and requiring the licensee to serve 2 days of active suspension would be more appropriate given the recent increase in violations within Unincorporated Eagle County. As such, staff recommends that the Full Belly Kitchen & Pub liquor license be suspended for 14 days with 12 days held in abeyance for one (1) year, from the date of the approval of this agreement by the local licensing authority. If Full Belly Kitchen & Pub 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. In addition, the establishment must provide and maintain evidence of server training. 19 3/13/07 DISCUSSION: Ms. Scriver presented the mitigating and aggravating factors. This is the first violation for the establishment since opening in 2005. Proof of server training had never been submitted. Jeffrey Petruso and Chad Cremonese were present for the establishment. The restaurant manager was the responsible individual and she is no longer employed by the establishment. All of the existing employees are tips trained. They are aware of the responsibility that comes with a liquor license. They had difficulty getting their initial license. They will make sure this doesn't occur again. Commissioner Runyon moved to accept the stipulation. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher asked who conducted the TIPS training. Mr. Cremonese indicated that he is currently receiving TIPS training and that he is also conducting the training. Ms. Scriver indicated that there is a process to go through to become a TIPS trainer. Mr. Crernonese stated that he has yet to begin this process. He has not had TIPS training. Ms. Fisher wondered where the other employees had received their training. Mr. Cremonese indicated that he didn't learn of the problem until last week. _ ' Mr. Cremonese stated that their manager had just recently been released. Chairman Menconi stated that he was here when the license Was issued. He appreciates the serious nature with which they are taking the situation. Commissioner Runyon moved that the Local Licensing Authority suspend the liqudr license of Blue Sky Restaurant Group, Inc d/b/a Full Belly Kitchen & Pub for 14 days, holding 12 days in abeyance for a period of one (1) year. If Blue Sky Restaurant Group, Inc d(b/aFull Belly Kitchen & Pub violates the Colorado Liquor Code within the year, all days will be served in addition to any other sentencing by the Board. The 2 days of active suspension must be served prior to April 21, 2001 with at least one (1) of those days being a Saturday. In addition, licensee is required to submit updated server training information no later than April 1, 2007 and shall, in the future, continue to update the Clerk's records as necessary. Chairman Menconi seconded the motion. The vote waS declared unanimous. Commi~sioner Fisher felt it necessary to drive home the point about the seriousness of holding a liqudr license and thatit is an incredible privilege. She believes the message that we send to our young people in the community is dangerous if it' s not taken seriously. She recommended that the employees take the TIPS training in a supervised environment. She believes a more stringent penalty is in order. . Cotnmissioner Runyon and Menconi voted in favor of the motion, Commissioner Fisher voted against. ESTABLISHMENT: DBA: REPRESENTATIVE: LOCATION: YEAR LICENSE ISSUED: STAFF REPRESENTATIVE: Ray's X Bar Fly, Inc. Ray's Peter Mueller and Reid Phillips, Owners 56 Edwards VIllage Blvd. #117, Edwards CO December 2003 Kathy Scriver DESCRIPTION: Show Cause Hearing stemming from the following events: On December 15, 2006 at approximately' 10:30 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. Ray's has stipulated to a violation ofthe Colorado Liquor Code. Accordingly, this matter is before the Board for the sentencing portion of the Show Cause Hearing. 20 3/13/07 MITIGATING FACTORS: This is the establishment's first violation since their opening in 2003. Clerk's records indicate that the establishment has been responsible in providing updated server training information. This establishment qualifies as a "responsible vendor" pursuant to C.R.S. 12-47-601(9). AGGRAVATING FACTORS: None STAFF RECOMMENDATION: For first time violations, this Board has previously issued a 10-day suspension holding 8 days in abeyance for one year. However, staff believes a 14-day suspension holding 12 days in abeyance, and requiring the licensee to serve 2 days of active suspension would be more appropriate given the recent increase in violations within Unincorporated Eagle County. As such, staff recommends that Ray's liquor license be suspended for 14 days with 12 days held in abeyance for one (1)year, from the date of the approval of this agreement by the local licensing authOrity. . If Ray's 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. . DISCUSSION: Ms. Scriver stated that this is the first violation for this establishment and all server training verifications ~M~ . Peter Mueller, owner was present for the hearing. He added that the people at Rais take this violation very seriously. All of his staffhas been TIPS trained and is required to prove this within 2 weeks ofbegihning employment or they are taken off the schedule. There are sighS posted and broadcast emails to drive home the point of the need to ask for identification. They will not let this type of violation happen again. Commissioner Fisher asked who the TIPS trainer was for the establishment. Mr. Mueller indicated that Ramona Rider was the on staff-certified trainer. Commissioner Fisher wondered what else could be helpful to the establishmen"t to make sure this didn't happen again. She asked for suggestions. Mr. Mueller asked that the Eagle County Sheriff provide more proactive assistance to establishmertts in terms of identifying fake identification and signs of over service. He asked that classes be offered. He asked for bigger fines for the offending individuals to deter future violations. ' Commissioner Fisher stated that she is aware of how the restaurant business works and understand the difficUlty with over service. Mr. Mueller did not feel that these potential classes should be required, but recommended. Commissioner Runyon moved to accept the stipulation. CormnissionerFisher seconded the motion. The vote was declared unanimous. Commissioner Runyon agreed that further programs should be explored. He stated that the owner is doing just about all that can be done to prevertt violations. ) Commissioner Runyon moved that the Local Licensing Authority suspend the liquor license of Ray's X Bar Fly, Inc.dlb/a Ray's for 14 days, holding 12 days in abeyance for a period of one (1) year. If Ray's X Bar Fly, Inc. d/b/a Ray's violates the Colorado Liquor Code within the year, all days will be served in addition to any other penalty that may be imposed by the Authority. The 2 days of active suspension must be served prior to April 21, 2007 with at least one (1) of those days being a Saturday. Commissioner Fisher seconded the motion. Commissioner Fisher stated that Rays does not close for the off season and she suggested allowing three months to serve the suspension. Commissioner Runyon approved the amendment of the motion to allow the suspension to be served within a three months period. The vote was declared unanimous. 21 3/13/07 ESTABLISHMENT: DBA: REPRESENTATIVE: LOCATION: YEAR LICENSE ISSUED: STAFF REPRESENTATIVE: DKM Associates, LLC Juniper Restaurant Doug Abel, Owner 97 Main Street #ElOl, Edwards CO June 2002 Kathy Scriver DESCRIPTION: Show Cause Hearing stemming from the following events: On December.15, 2006 at approximately 10:10 p.m., your establishment allegedly sold an alcoholic beverage to a minor during an underage compliance check performed by the Eagle County Sheriff's Office. Juniper Restaurant 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. MITIGATING FACTORS: This is the establishment's first violation since their opening in 2005. Clerk's records indicate that the establishment has been responsible in providing updated server training information. This establishment qualifies as a "responsible vendor" pursuant to C.R.S.12-47-601(9). AGGRAVATING FACTORS: None , . STAFF RECOMMENDATION: For first time violations, this Board has previously issued a 10-day suspension holding 8 days in abeyance for one year. However, staff believes a l4-day suspension holding 12 days in abeyance, and requiring the licensee to serve 2 days of active suspension would be more appropriate given the recent increase in violations within Unincorporated Eagle County. As such, staff recommends that the Juniper liquor license be suspended for 14 days with 12 days held in abeyance for one (1) year, from the date of the approval of this agreement by the local licensing authority. If DKM Associates, LLC d/b/a Juniper 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. DISCUSSION: Doug Abel, representing the establishment was present. He echoed the previous establishment's COD1ments related to the seriousness of the violation and the privilege of having a license. He agreed that the punishment on the individual needed to be increased. Chairman Menconi spoke to another owner in the area who indicated that they self regulate this situation- and they terminate employees who do not comply with the law. Mr. Abel indicated that the individual had been with the establishment for 6 years and is a very good employee. Were this individual to be fired he would find a job within [a very short period of time as there are more jobs than employees at this point. Commissioner Runyon moved to accept the stipulation. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Runyon asked Ms. Hooper whether the fine was a state or local statute. Ms. Hooper indicated that the service of an underage individual is a class two misdemeanor and she will look into the range of possible fines. Commissioner Fisher asked how many servers were employed. Mr. Abel indicated that there are 15 total servers and onany given night approximately 6 are on shift. All of his employees must be tips trained prior to employment. He agreed that classes to assist liquor license operators would be helpful. 22 3/13/07. CotnIhissioner Fisher wondered ifany additional penalties had been imposed on the bartender. , Mr. Abel indicated that he had not done so. He is certain that this will not occur again. They have not yet decided to close during the off season. Commissioner Fisher moved that the Local Licensing Authority suspend the liquor licet1se ofDKM Associates, LLC d/b/a Juniper for 14 days, holding 12 days in abeyance for a period of one (1) year. IfDKM Associates, LLC d/b/a Juniper violates the Colorado Liquor Code within the year; all days will be served in addition to any other penalty that may be imposed by the Authority. The 2 days of active suspension must be served within the next 3 months, unless the establishment determines that they will close after the Vail ski season, and in this case the suspension must be served prior to April 21, 2007, with at least one (1) of those days being a Saturday. Commissioner Runyon seconded the motion, The vote was declared unanimous. ESTABLISHMENT: DBA: REPRESENTATIVE: LOCATION: YEAR LI<;ENSE ISSUED: STAFF REPRESENTATIVE: CNSC, Inc Main Street Grill Chris & Nicole Heiden, Owners 97 Main Street #W101, Edwards CO August 1999 Kathy Scriver DESCRIPTION: Show Cause Hearing stemming from the following events: On December 15, 2006 at approximately 10:20 p.m., this establishment allegedly sold an alcoholic bevera.ge to a minor during an underage compliance check perfOrmed by the Eagle County Sheriff's Office. Main Street Grill 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. MITIGATING FACTORS: This is the establishment's first violation since their opening in 1999. AGGRAVATING FACTORS: Clerk's records indicate that the establishment has never provided proof of server training or alcohol management plan. STAFF RECOMMENDATION: For first time violations, this Board has previously issued a 10-day suspension holding 8 days in abeyance for one year. However, staff believes a 14-day suspension holding 12 days in abeyance, and requiring the licensee to serve 2 days of active suspension would be more appropriate given the recent increase in violations within Unincorporated Eagle County. As such, staff recommends that the Main Street Grill liquor license be suspended for 14 days with 12 days held in abeyance for one (1) year, from the date of the approval of this agreement by the local licensing authority. If Main Street 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. In addition, the establishment must provide and maintain evidence of server training. DISCUSSION: Chris and Nicole Heiden representing the establishment were present. They understand that this is a serious violation. The bartender who provided the service is no longer with the establishment. Sheriffs deputies are on the premises on a regular basis. Commissioner Runyon moved to accept the stipulation. Commissioner Fisher seconded the motion. The vote was declared unanimous. 23 3/13/07 Commissioner Fisher thanked the Heidens for being present and for their comments. She wondered why the establishment had not provided evidence of TIPS training. Ms. Heiden indicated that it was due to her leniency in the past. She should have been more diligent in requiring proof. Ms. Scriver was not sure why the establishment had not provided an alcohol management plan. She indicated that each year during renewals a letter is sent which explains that TIPS certification is an Eagle County requirement, but there is no such notice with relation to the alcohol management plan. Chairman Menconi stated that it is possible that this was not required in 1999. In the past examples of alcohol management plans are provided to new applicants. He suggested that this type of example be provided arid that the representatives move quickly to put together their own plan. Commissioner Fisher explained a bit about the alcohol management plan as a guiding document for a licensed establishment. These plans provide a commitment to their methods of doing business. Commissioner Runyon stated that he is a regular customer and noticed a big change when the smoking ban was imposed. Chairman Menconi stated that this penalty is stiffer than those imposed in the past. He stated that due to the length of the license he recommended that the two days of active suspension be served on any day of the week. Commissioner Fisher asked if they intended to close for the off-season. ' The Heidens indicated that they do not intend to close. Comrriissioner Runyon moved that the Local Licensing Authority suspend the liquor license of CNSC, Inc d/b/a Main Street Grill for 14 days, holding 12 days in abeyance for a period of one (1) year. If CNSC, Inc d/b/a Main Street Grill violates the Colorado Liquor Code within the year, all days will be served in addition to any other penalty that may be imposed by the Authority. The 2 days of active suspension must be served within the next 3 months. In addition, licensee is required to submit updated server training information no later than April 1, 2007 and shall; in the future, continue to update the Clerk's records as necessary. Further the applicant would need to submit an alcohol management plan within the next 30 days. Comrriissioner Fisher seconded the motion. She added that for consistency basis she recommended that the penalty include the fact that one of the days served be a Saturday. . Chairman Menconi disagreed and indicated that he preferred the motion as presented. Comrriissioner Runyon wondered about mitigating circumstances that would differentiate this establishment from the Juniper situation. Chairman Menconi asked if it made a difference to the establishment. He aSked the County Attorney if consistency was required. Ms. Hooper recommended that each establishment be reviewed individually. The authority is able to impose different penalties for different situations; however similar penalties should be \imposed for similar violations. Commissioner Runyon agreed that consistency is important and as such amended his motion to include the provision that one active day of suspension be served on a Saturday. Chairman Menconi indicated that he had considered the length of the license, but would vote in favor of the motion. Commissioner Fisher seconded the amended motion. The vote to amend the motion was declared unanimous. The vote on the original motion was declared unanimous. Commissioner Fisher enooutaged the:Board to meet with the Attorney's office and the Clerk's office to review licensing requirements to insure compliance for all establishments with current regulations. She wondered if the county should increase its involvement with liquor license holders in unincorporated Eagle County. Chairman Menconi agreed that a review of the current policies should occur. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. 24 3/13/07 Planning Files 1041-0068 Black Lake #1 Enlan!ement Proiect Bob Narracci, Planning Department ACTION: 1041 Permit to allow modifications to the dam spillway to raise the reservoir surface elevation by 4 feet and increase the capacity of the spillway. The operating plan for the reservoir will also be modified to allow utilization of approximately 18 acre-feet of storage below the currently established minimum pool. The proposed project will increase the total storage capacity of Black Lake No.1 to 469 acre-feet and the amount of water available to the District will increase to 352 acre-feet. The primary purpose and need for the additional reservoir storage in Black Lake No. 1 is to augment ,water diversions when streamflows in Gore Creek, between the Black Gore Creek and Red Sandstone Creek tributaries are at or below the Colorado Water Conservation Board instream flow water right levels. LOCATION: Headwaters of Black Gore Creek located west of the Vail Pass summit and south ofInterstate~70. STAFF RECOMMENDATION: Approval with conditions APPLICANT: REPRESENTATIVE: REQUEST: Eagle River Water and Sanitation District Linn Schorr, Engineering Manager for ERW &SD 1041 Permit to allow the second enlargement of Black Lake No.1. 1. SUMMARY This 1041 permit application by the Eagle River Water and Sanitation District proposes the second enlargement of Black Lake No.1. Specifically, the request is to modify the dam spillway to raise the reservoir surface elevation by 4 feet and increase the capacity of the spillway. Additionally, the operational plan for the reservoir will be modified to allow utilization of approximately 18 acre-feet of storage below the currently established minimum pool. The proposed modifications will increase the active storage capacity of Black Lake No. 1 from 227 acre-feet to 352 acre- feet, thereby providing an additional 125 acre-feet of active storage capacity for water rights augmentation of instream flows in Gore Creek and other uses in the Eagle River. The total storage capacity of the reservoir will be increased from 362 acre-feet to 469 acre-feet. The District intends to utilize the 125 acre-feet of additional storage at Black Lake No.1 to provide supplemental water for the Vail Golf Course and for augmentation of water rights and instream flow purposes during summer, fall and winter low flow periods. The District further proposes to modify the existing operating plan for the reservoir to allow more flexible utilization of Black Lakes in a manner that would coordinate releases from storage with operations of the interconnecting water main and th~ future treatment plant in Vail that would use Dowd Junction intake water. The expected public benefits of the proposed second enlargement of Black Lake No. I also include enhanced reliability of the domestic water supply systems that serve the Town of Vail and other communities along the Eagle River below Gore Creek. For example, these water supply systems are potentially vulnerable to contamination from accidents on 1-70 west of Vail Pass or on Highway 24 north of Tennessee Pass. The operational flexibility 25 3/13/07 provided by Black Lakes storage in combination with the other water supply system improvements describedabove will enhance system reliability in case of such events. 2. BACKGROUND & CHRONOLOGY 1940: The original reservoir was created by the Colorado Division of Wildlife with constrstion of a small earth dam at the lower end of a small natural lake. This dam provided 44a;re feet of storage for recreational purposes. 1986: A Memorandum of Agreement was created between the District and the Colorado Department of Natural Resources. Under the Terms of the MOA, the District enlargai Black Lake No. 1 in 1992 as described below and utilized 73 acre-feet of storage inllack Lake No.2, providing a total of 300 acre-feet of storage. In addition, the District agRed to stock Black Lake No.1 with up to 5,000 lbs. of catchable rainbow trout annually amfto assume responsibility fora portion ofthe structural integrity and maintenance ofthe4ams. The Colorado Department of Natural Resources agreed that the terms of the MOA WlUld mitigate potential in stream flow and water quality impacts associated with the District's use by exchange of Green Mountain Reservoir contract water. 1987: An Environmental Assessment of the Black Lake Enlargement Project was prepared m:d a Decision Notice and Finding of No Significant Impact were approved by the U.S. FOEst Service on August 15, 1987. 1991 A second Environmental Assessment oft.he Black Lake No.1 Enlargement Project was prepared in 1991' to address changes in the operation of the proposed BlackLake \," enlargement and the wetland mitigation plan that was approved by the U.S. Army C~s of Engineers. 1991: Through Resolution No. 91-12, the Board of County Commissioners acting as theEatle CoUnty PermitAuthority approved the 1041 Permit for the first enlargement of Black Lake No. 1. 1992 The final Environmental Assessment of the Black Lake No.1 Enlargement, Decision Notice and Finding of No Significant Impact were approved by the U.S. Forest Servim:on February 28, 1992 1992: The first enlargement of Black Lake No. I was completed by the ERW&S District (formerly known as the Vail Valley Consolidated Water District). The new dam was constructed about 150 feet downstream of the original dam and created a total (curred) reservoir capacity of 362 acre-feet, 227 acre-feet of which is allocated to the District Jilr augmentation of instream flows in Gore Creek and other uses in the Eagle River. 3. REFERRALS This 1041 Permit Application was referred to the following departments and agencies with a request for COlll11lmt: · Eagle County Engineering Department · Eagle County Attorney's Office · Eagle County Department of Environmental Health · Colorado State Health Department - Water Quality Division · Colorado State Health Department - Air Quality Division · Colorado Geological Survey · Colorado Department of Transportation 26 3/13/07 . Colorado Department of Wildlife Colorado Division of Water Resources Colorado State Historical Society Colorado River Water Conservation District Water Conservation Board US Army Corps of Engmeers Natural Resource ConserVation Service Northwest Colorado Council of Governments Eagle County Planning Commission . . . . . . . . As of this writing, the following agencies have responded: Eagle County Engineering Department: Please refer to the attached response dated March 6, 2007, wherein the need for a Grading Permit is identified. E~gle' County Department of Environmental Health: The Environmental Health Department helped in the preparation of the staff report and analysis of the project and would say that all necessary findWgs have been met to our satisfaction. Overall, this project would provide in-basin storage at the headwaters at a relatively low cost with little environmental degradation. The benefits far exceed the detriments. WewouLd encourage the applicant to have Dust Suppression, Storm Water Management and Erosion Control Plans submitted along with the grading permit application for review and approval. These plans should be kept on-site and enforceable to effectively mitigate adversarial impacts. We would also ask the applicant to time construction activities with the Division of Wildlife to avoid unnecessary impacts to spawning trout., In addition, we would ask that a report be submitted ahnuallyregarding the success of wetland mitigation until such time as the 1: 1 ratio of replacement or protection is accomplished. Eagle County Planning Commission: At the Eagle County Planning Commission hearing on March 7, 2007 the Planning Commission provided the following comments and recommendations: 1) That the Bla.ck La.kes should be dredged to remove the built-up 1-70 traction sand which is deposited in the lakes. How rnuch storage capacity can be reclaimed if the lake were to be dredged? It should not be necessary in the future to raise the reservoirleve1again due to storage capacity lost to I~70traction sartd. The amount of traction sand accumulation should be tracked and reported annually to the Ea.gle Courtty Department of Environmental Health. 2) How is the balance 117 acre-feet managed? What entity OWIlS the rights to the 117 acre-feet? 3) Currently there is no accountability or enforceability for wetland mitigation. What is the recourse when mitigation plans fail to achieve the represented goal? The ECPC recommends that the applicant be required to provide the County with a Performance Guarantee to ensure that the wetland mitigation is completed and that it is successfully established. Further, the applicant must provide the Eagle County Department of Environmental Health with an annual review, prepared by a qualified wetland expert, until such time that the wetland mitigation measures have been completely established and then the Performance Guarantee will be released. 4) Stressed that the new capacity proposed with this Black Lake No.1, Expansion No.2 will not be utilized for sale for new development. 5) Part of the fen wetland mitigation proposed is on Ten Mile Creek near Copper Mountain; are there no fens on Gore Creek? Mitigation should be in the same drainage basin. 6) Overall" this proposal is a good deal for Eagle County to have storage at the headwaters and particularly in this basin. Colorado Division of Wildlife: In a telephone conversation on March 1,2007, Bill Andree with the Colorado Division of Wildlife indicated that the CD OW has no issues with this proposal to enlarge Black'Lake No.1. United St~tes Forest Service: In a telephone conversation on March 5, 2007, the USFS verified that the applicant has been working closely with the USFS and that the necessary permit is pending later this spring. 27 3/13/07 4. FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Avvlication Avvroml Criteria for Matters of State Interest. and as more specifically described in the application materials, the following analysis is provided. The Approval Criteria isnutllbered and indicated in bold. A summary response is provided with the recommendation indicated in the findings box. A Permit to conduct a designated activity of state interest or to engage in development in a deSignated area of state interest shall be approved if the Project complies with the following general criteria and any additional ,applicable criteria in Sections 6.04.02 or 6.04.03. If the Project does not comply with anyone or more of these criteria, the Permit shall be denied or approved with conditions. In determining whether the Project complies with these criteria, or if conditions should be imposed, the Permit Authority may utilize the considerations in Appendix "A". (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, d,efer making a imal decision on the application uatil outstanding property rights, permits and appnrvals are obtained. The following list of permits and approvals are required prior to any site disturbance: a) U.S. Forest Service Special Use Permit - Pending b) U.S. Army Ccrp of Engineers 404 Permit - Pending c) Colorado Water Quality Control Division 401 Water Quality Certification -Pending d) Colorado Department of Natural Resources Memorandum of Agreement ~ Approved June 23, 2005 e) Colorado Division of Water Resources Technical Specifications - Approved September 23,2004 . f) District Court for Water Division No.5 Change of Water Rights - Pending with no Statements of Opposition g) Eagle County 1041 Permit Amendment - Pending per this application. h) Eagle County Engineering Department Grading Permit - Pending [+] FINDING: (1) RiJ!hts. Permits and AJJIJf'ovals. As conditioned, the applicant WILL HA VEobtained all necessary property rights, permits and approvals prior to site dishlrbance. (2) The Project will not impair property rights held by others. Black Lake No.1 is located within and is surrounded by the White River National Forest. The Forest Service has completed an Environmental Assessment of the proposed project and their approval under a Decision Notice and Finding of No Significant Impact is pending. Application for water rights changes necessary for operation of the proposed reservoir enlargement was filed with the State's water courts on December 27,2005. The water rights that will be used for the proposed reservoir enlargement were originally decreed to the District as conditional. The reservoir enlargement and operation changes will utilize the District's conditional right for 100 acre-feet of storage in Black Lake No.1. Additionally, the District requests a change in the place of storage of 25 acre-feet from the conditional water right for Black Lake No.2 to Black Lake No.1. The water court application also requests the right to use the District's existing 300 acre-feet of absolute storage rights in Black Lakes Nos. 1 and 2 for all decreed purposes. The District's application for the water rights changes summarized above was published in the December 2005 Water Resume for Division 5. The deadline for Statements of Opposition was February 28,2006 and no such statements were filed. The Court's approval of a final Decree for the proposed water rights 28 3/13/07 changes is pending and will include a finding that the water rights of others will riot be injured or impaired. The proposed project will therefore not impair property rights held by others. [+] FINDING: (2) Prdoertv riflhts of others. The project WILL NOT impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The pertinent land use and water quality plans are as follows: 2002 White River National Forest Plan - The USFS has found that the proposed enlargement ofI31ack Lake No. 1 is in conformance with all of the applicable land and resource management plan standards and incorporates appropriate land and resource managem.ent plan guidelines for designated utility corridors and recreation activities in Forest Plan Management Areas 8.32, 3.32 and 1.31. - 2005 Eagle County Comprehensive Plan - The Future Land Use Map designates the subject property as <Resource' which is intended to maintain the open rural character of Eagle County and to protect and enhance the appropriate use of natural resources and agricultural uses in Jhe County including water, minerals, fiber and open land. _ The proposed enlargement of Black Lake No.1 is consistent with the intended use objectives of the 'Resource' designation. The Plan sets forth the following specific water quantity policies: a) The long tetm viability of both ground and surface water sources should be protected, b) Minimum in-stream flows should be maintained and efforts to establish optimum in-streamflow standards in Eagle County should be supported. c) Water conservation efforts by all water users in Eagle County should be implemented. d) New water diversions and water storage projects should result in positive impacts to Eagle County's economy and environmental quality. . e) Collaborative efforts on regional land and water use planning efforts to address future growth, water supply, and stream flow protection should be encouraged. The Plan sets forth the following water quality policy: j) Water quality in Eagle County should meet the highest applicable standards. The Plan sets forth the following river and riparian habitat policy: g) Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts. The Plan sets forth the following river recreation policy: i) Water-related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments. / Overall, the proposed Black Lake No.1, Expansion No.2 Project is consistent with the spirit and intent of all applicable portions of the 2005 Eagle County Comprehensive Plan. Northwest Colorado Council of Governments - The water quality plan for the project area is the NWCCOG 208 Plan. The Black Lake No.1 enlargement project is consistent with applicable Water Quality and Water Use and Development policies of the NWCCOG 208 Plan. [+] FINDING: (3) Consistencv with olans. The Project IS consistent with relevant provisions of applicable land use and water quality plans. 29 3/13/07 (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. The Eagle River Water and Sanitation District is a quasi-municipal corporation and a political subdivision of the state encompassing approximately 54,400 acres in Eagle County. Included within its boundaries are the Towns ofYail, Minturn and Avon and the unincorporated communities served by Arrowhead, Beaver Creek, Eagle-Vail, Edwards, Bachelor Gulch and Cordillera Metropolitan Districts. The ERW&S District manages a system that serves 23,894 water and 24,317 wasteWater single-family equivalent units with an annual budget of over $30 million. The District's permanent population is estimated to be approximately 20,000. During the winter and summer seasons, its population exceeds 40,500 due to the influx of temporary residents for recreation and tourism purposes. The District has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions: [+] FINDING: (4) Exoertise and financial caoabilitv. The applicant DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and f'manciaDy feasible. /' The Project has been thoroughly evaluated by the design engineer and the approved by the Office of the State Engineer, Colorado Division of Water Resources. The District has budgeted $300,000 for the design, permitting and construction of the proposed Project. There is no debt associated with the project and no debt retirement schedule because the project willbe funded from the District's cash reServes for capital improvements. The District's annual budget for the operation and maintenance of Black Lakes is $41,740 per year , including $17,000 per year for fish stocking. No additional operational expenses are anticipated other than annual variances in the fish stocking costs. [+] FINDING: (5) Feasibilitv, The Project IS technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. The existing dam was designed with appropriate earthquake, landslide_and flood considerations in accordance with the requirements of the State Engineer and Colorado Geological Survey. The Project is not at risk from wildfire, avalanches or rockslides. The design for the dam spillway modifications is based upon the probable maximum flood in accordance with the requirements of the State Engineer. [+] FINDING: (6) Risk from hazards. The project IS NOT subject to significant risk from natural hazard. (7) The Project will not have a significant adverse effeCt on land use patterns. The proposed Project is designed to provide additional storage of water needed to meet water rights augmentatiort requirements and to enhance streamflows during the summer, fall and winter low-flow periods. The availability of additional water storage at Black Lake No.1 will not result in any changes in previously approved land use or zoning decisions nor is it likely to influence future land use patterns. [+] FINDING: (7) Land useoatterns, If approved, the resultant land use pattern WILL NOT contribute to sprawl and that traffic patterns, road capacity and congestion resulting from the Development can and will be properly mitigated, (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. The Project will not result in any new development or population increase. Project construction will take less than one month to complete using currently available local construction contractors and labor. Upon completion, no additional staff will be required for operation and maintenance. Thusly, the Project will not 30 3/13/07 have a significant adverse effect on the capability of local government to provide services and will not exceed the capacity of service delivery systems. (+) FINDING: (8) Service caoacitv. The Project WILL NOT have a significant adverse effect on the capability of the County to provide services, NOR WILL it exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents ofthe County. The Project will not result in any new development that would change assessed valuation or total property tax burden, nor will the Project generate tax revenues or fees to local governments. No agricultural lands will be affected by the project and there will be no changes in the costs of water or wastewater treatment. (+) FINDING: (9) Financial Burden. the Project WILL NOT create an undue financial burden on existing or future residents ofthe County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. During Project construction the parking lot below the dam, one lane of the frontage road, the area immediately surtounding the dam and the fishing pier will be closed to recreational use. While this closure" will be a temporary inconvenience to recreational users of the area, itwill not have a measurable impact on the recreational sector'ofthe local economy. (+) FINDING: (10) Protection of local economv. The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. Recreation is the predominant use of the White River National Forest. The vicinity surrounding Black Lake No. 1 supports extensive plUltiple use winter and summer recreational activities. Black Lakes are popular , fishing destinations. Other than a temporary disruption of access to Black Lake No.1 during construction, recreational usage of the area during the peak summer season will not be effected. The expanded shoreline of the Black Lake No. I will serve to enhance recreational opportunities and, due to changes in the fish stocking agreement with the Colorado Division of Wildlife, an increased number offish will be stocked in the reservoir each year. Over the long term, the proposed project will not result in any significant changes in recreational opportunities; however,. enhancement of stream flows in Gore Creek during the late summer and winter low- flow periods will be beneficial to the fishery and can imPtovethe quality ofnshing through the Town of Vail. (+) FINDING: (11) Protection of recreational oooortunities. The Project WILL NOT have a significant adverse ,effect on the quality of recreational opportunities and experience. (12) The planning, design and operation ofthe Project shall reflect principals of resource conservation, energy 'efficiency and recycling or reuse. The Project will be operated under principals that are consistent with resource conservation. Water will be stored in the reservoir during periods of high flow and released into the stream when flows are low as needed to meet augmentation requirements including those associated with Colorado Water Conservation Board instream flow water rights. Operation of the reservoir relies upon gravity with no external energy input. Further, all of the equipment used for measuring and recording reservoir contents and releases is solar powered. 31 3/13/07 The District's Water Conservation Master Plan is administered District wide. The purpose ofthis Plan is to reduce or eliminate waste and to increase efficiency in the ways water is used throughout the District's system. [+] FINDING: (12) Resource Conservation. The planning, design and operation of the Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. The Project will not significantly degrade air quality. Eagle County is currently in attainment of all National Ambient Air Quality standards and no new sources of air pollution are being proposed. . Construction related air quality effects will be short term in nature (:s 30 days) and will be minimized to a level of relative insignificance through the use of Best Management Practices to control fugitive dust and minimize emissions. [+] FINDING: (13) Air aualitv. The Project WILL NOT significantly degrade air quality. (14) The Project will not significantly degrade exi~ting visual quality. With the exception ofa temporary period of time during construction and following construction until the vegetation in disturbed areas around the dam and spillway is reestablished the visual appearance of the enlarged reservoir will be essentially the same as the existing reservoir. [+] FINDING: (14) Visual aualitv. The Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. The construction activities associated with installation of the temporary culvert, widening of the spillWay and installation of the spillway weir may cause temporary increases in sedimentation due to erosion from disturbed areas. This impact will be limited to the Black Gore Creek downstream to Black Lake No.2. Lowering ofthe reservoir prior to construction will help to prevent erosion from the construction activities in the spillway. During constrg.ction, erosion control Best Management Practices will be implemented to minimize sedimentation to Bl~ck Gore Creek, as required under Section 404 of the Clean Water Act and under the applica1j>le provisions of the Section 401 Certification required by the Colorado Department of Public Health and Environment, Water Quality Control Division. The proposed project includes rock lining of portions of the spillway and revegetation of all disturbed areas including some areas that are currently subject to erosion. In addition, the wetland mitigation plan includes the restoration of areas disturbed by recreational traffic at the upper end of the reservoir and in the area below the dam. These improvements will result in a net reduction in sediment loading to Gore Creek and Black Lake No.1. [+] FINDING: (15) Surface water aualitv. The Project WILL NOT significantly degrade surface water quality. (16) The Project will not significantly degrade groundwater quality. The Project will raise the maximum normal water surface elevation of Black Lake No.1 by four feet. This will result in an associated rise in the ground water table elevation in the area immediately surroundin.g the reservoir. The geology of the land that is to be inundated is composed of the same type of soil and rock that is already covered by the reservoir. [+] FINDING: .(16) Ground water aualitv, The Project WILL NOT significantly degrade ground water quality. (17) The Project will not significantly degrade wetlands and riparian areas. The 4-foot increase in the surface elevation of the reservoir will result in the inundation of 0.755 acres of riparian and wetland area including 0.098 acres offen wetlands that are located along the shoreline ofthe 32 3/13/07 existing reservoir. The primary functions of these wetland areas include food chain support; fish and wildlife habitat and heritage and recreational values. Secondary functions include maintenance of water quality, groundwater recharge and discharge, shoreline anchoring and dissipation of erosive forces. The wetland impacts will be effectively mitigated. Functions including fish habitat, groundwater recharge and discharge, shoreline anchoring and dissipation of erosive forces will be replaced by the enlarged reservoir and by new riparian wetland vegetation that will be established-around the shoreline of the enlarged reservoir. The wetland mitigation plan prepared for this Project has been reviewed and approved in concept by the U.S. Army Corps of Engineers and the U.S. Forest Service. The mitigation plan includes the creation of 0.88 acres of on-site wetlands and 0.236 acres of restoration that will fully replace the food chain and wildlife habitat functions of the wetlands impacted by the Project. The plan involves on-site reestablishment of riparian vegetation around the shoreline of the enlarged reservoir, the restoration of degraded wetlands and fringe areas and the creation of new wetlands below the dam. Educational signage will be installed at Black Lake No. I to inform the public about the purpose of the boardwalk and the habitat, heritage and other functions and values of fens and wetlands. The Eagle County Planning Commission is concerned that currently there is no accountability or enforceability for wetland mitigation. What is the recourse when mitigation plans fail to achieve the represented goal? The ECPCrecomIllends that the applicant be required to provide the County with a Performance Guarantee to ensure that the wetland mitigation is completed and that it is successfully established. Further, the applicant must provide the Eagle County Department of Environmental Health with an annual review, prepared by a qualified wetland expert, until such time that the wetland mitigation measures havebeen completely established and then the Perfonnance Guarantee will be released. Also noted by the Eagle County Planning Commission; part of the fen wetland mitigation proposed is on Tenmile Creek near Copper Mountain. The applicant's efforts to locate a suitable fen mitigation site in the Gore Creek and Eagle River Basins are documented in Appendix B of the Black Lake No.1 Enlargement Project Environmental Assessment (Application Exhibit B). Based upon this investigation, it was found that there are no suitable mitigation sites on Gore Creek and that the Tenmile Creek site was the only available site in close proximity to the Project. (+] FINDING: (17) Wetlands and rioarian areas. The Project WILL NOT significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The Proj ect will impact 1.743 acres of wildlife habitat in the area immediately surrounding the reservoir and spillway. The habitat values of the area are somewhat diminished due to the high level of human activity associated with 1-70, The Vail Pass Rest Area and recreational usage of Black Lakes and the adjacent bicycle path. Impacts to big game are minimal because these areas are not used by big game species excepting a very limited extent during the SumIller months. ImpactS to non-game wildlife habitat will be mitigated through on-site reestablishment of riparian vegetation around the shoreline of the enlarged reservoir, the restoration of degraded wetlands and fringe areas and the creation of new wetlands adjacent to the reservoir ~ below the dam. The Environmental Assessment prepared for this Project concludes that the Project will be beneficial to fall-spawning brown and brook trout in Gore Creek and Black Gore Creek due to increased wetted area of the stream bottom resulting from additional reservoir releases. Further, critical over-wintering habitat for adult trout will be increased due to increased flows. The proposed Project has been reviewed and approved by the Colorado Division of Wildlife and the Wildlife Commission. (+] FINDING: (18) Terrestrial or aquatic animal life, The Project WILL NoT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. 33 3/13/07 The Project will result in the temporary loss of 0.085 acres of upland vegetation and the permanent loss of about 0.043 acres of vegetation. Areas disturbed durIng construction will be reclaimed and revegetated in accordance with USFS requirements. The Project will inundate approximately 1.7 acres of vegetation around the existing shoreline, including approximately 0.755 acres of wetlands and 0.945 acres of upland vegetation. The predominant vegetation types in this area are subalpine grass and forbs within the Engleman spruce- subalpine community that is common throughout the White River National Forest. The Project area was surveyed for Forest Service sensitive plant species. None of the four types of Forest Service sensitive species were found at the site. [+] FINDING: (19) Terrestrial vlant life. Tht: PToject WILL NOT significantly deteriorate terrestrial plantlif(: or plant habitat. (20) The Project will Dot significantly deteriorate soils and geologic conditions. There are no significant geologic formations at the site that will be affected by the Project. The rock and soils that will be inundated by the Project are no different with respect to lithologic characteristics and soil types than those which are already inundated by the existing reservoir. The Project includes rock lining of portions of the spillway and revegetation of all disturbed areas including some that are currently subj ect to erosion. During construction, erosion control Best Management Practices will be implemented to minimize soil loss and sedimentation. [+] FINDING: (20)S.ils and 1!eolo1!ic conditions. The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project willllOt cause a nuisance. Noise and traffic during construction ofthe Project will cause some temporary localized nuisance for recreational users ofthe area. Potentially adverse impacts will be mitigated through the use of construction Best Management Practices such as traffic control and watering for dust control. Construction will be completed in two to four weeks and will not be initiated until after Labor Day weekend so as to minimize impacts bfrecreational users of the area. Followjng construction, nuisance factors in the Project area will be the same as under existing conditions. [+] FINDING: (21) N"isance. The Project WILL NOT cause a nuisance. (22) The Project will at significantly degrade areas of paleontological, historic, or archaeological importance. The Project complies with the National Historic Preservation Act of 1996 and the NativeAmerican Graves Protection and Repatriation Act of 1990. A Forest Service Cultural Resource Survey report was completed in 1986, which concluded that the first enlargement of Black Lake No.1 would not alter or harm any known archaeological site or significant heritage resource. The current Project will not affect any areas that were not covered by the previous Cultural Resource Survey. The State Historical Preservation Officer of Colorado concurs with these findings. [+] FINDING: (22) raleontolo1!ical. historic or archaeolo1!ical areas. The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. The only potentially hazardous materials associated with the Project will be fuel, hydraulic fluid and lubricants leaking from the heavy equipment utilized during construction. Best Management Practices will be implemented to minimize the risk of hazardous materials being released. No staging of construction equipment or construction supplies such as diesel fuel will be allowed in wetlands or in 34 3/13/07 close proximity to surface water. No hazardous materials will be required for Project operations after construction is complete. [+] FINDING: (23) Hazardous materials. The Project WILL NOT result in unreasonable risk of releases of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such. resources. . The Project will not result in any loss of natural, agricultural, recreational, grazing, commercial or industrial resources within Eagle County or elsewhere. The benefits of the Project accruing to the County and its citizens therffore outweigh any such losses. [+] FINDING: (24) Benefits outwei1!h losses. The benefits accruing to the County and its citizens WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County or the losses of opportunities to develop such resources. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municioal ana Industrial Water Proiects. and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall emphasize thi\ll1ost efficient use of water, including the recycling, reuse and conservation of water. The Project will be operated under principals that are consistent with resource conservation. Water will be stored in the reservoir during periods of high flow and released into the stream when flows are low as needed to meet augmentation requirementS'including those associated with Colorado Water Conservation Board instream flow water rights: Operation of the reservoir r~lies upon gravity with no external energy input. Further, all of the equipment used for measuring and recording reservoir contents and releases is solar powered. The District's Water Conservation Master Plan is administered District wide. The pilrpose of this Plan is to reduce or eliminate waste and to increase efficiency in the ways water is used throughout the District's system. The Eagle County Planning Commission noted that the Black Lakes should be dredged to remove the built-up 1-70 traction sand which is deposited in the lakes. They question how much storage capacity can be reclaimed if the lake were to be dredged. It should not be necessary in the future to raise the reservoir level again due to storage capacity lost to 1-70 traction sand. The impacts of sedimentation to Black Lakes and Black Gore Creek from 1-70 are to be addressed through development and implementation of a Total Maximum Daily Load (TMDL), which should be completed by the end of2007. The amount of traction sand accumulation in Black Lakes should be tracked by CDOT in conjunction with implementation of the TMDL for Black Gore Creek and reported to the Eagle County Department of Environmental Health. [+] FINDING: (1) Efficient use. The Project SHALL emphasize the most efficient use of water, including the recycling, reuse and conservation of water. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The Project does not entail any increase in water or wastewater treatment services and therefore will not result in excess capacity or create duplicate services. [+] FINDING: (2) Excess cavacitv / duvlicate services. The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. 35 3/13/07 (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The Project will provide in-basin augmentation water that is currently needed during critical low streamflow periods and during drought conditions. The Project w1ll also serve to mitigate the impacts of municipal and snowmaking water diversions on in stream flows if' Gore Creek and the Eagle River. These functions and benefits of the Project will become increasingly more important as the population of Eagle County continues to grow. [+] FINDING: (3) Necessitv. The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. ) (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. This finding is not applicable because the Project does not involve the construction of stormwater or sanitation systems. [N/A] FINDING: (4) Protection of Aquifer lleclulree Areas. Urban development, population densities and site layout and ( design of storm water and sanitation systems SHALL BE accomplished in a manner that will prevent the pollution of aquifer recharge areas. C. Pursuant to Eagle County Land USe Regulations Section 6.04.03, Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Svstems, and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. The Project will provide in-basin augmentation water during critical low-flow periods to meet Colorado Water Conservation Board in-stream flow requirements in Gore Creek between the Black Gore Creek and Red Sandstone Creek tributaries. This will reduce the impact of diversions on Gore Creek stI;eamflows. , ' [+] FINDING: (1) Necessitv or reeulatorv I technoloeical comoliance, The Project IS reasonably necessary to meet projected community development and population demands in the areas to be served by the Project or to comply with regulatory or technological requirements. (2) To the extent feasible, wa.stewater and water treatment facilities shall be consolidated with existing facilities within the area. This finding is not applicable because no additional wastewater or water treatment facilities are being proposed. [N/A] FINDING: (2) Consolidation offacilities. To the extent feasible, wastewater and water treatment facilities SHALL be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result ill the proper utiliza.tion of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. The Project does not include the construction of either a domestic water or sewage treatment system. Thusly, this finding is not applicable. 36 3/13/07 [N/A] FINDING: (3) Proper utilization of existine treatment plants, New domestic water and sewage treatment systems SHALL be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of su.ch extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. The Project does not entail extension of water or sewer lines and will not result in any additional growth or development. This finding is also not applicable. [N/A] FINDING: (4) Financial and environmental capacitv. The, Project SHALL be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth, and development. D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.3 10.1.2, Waiver Provision. of the Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer proj ects may be waived ill whole or in part by the Board of County Commissioners upon a written petition by the'applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested awaiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. DISCUSSION: Mr. Narracci presented the file with the use of a PowerPoint presentation. The presentation included a vicinity map and summary of the applicant's request. The applicant is requesting to modify the spillway to raise the reservoir surface elevation by 4 feet and increase the spillway capacity. Operational plan for the reservoir is also to be modified to allow utilization of approximately 18 acre-feet of storage below the currently established minimum pool. The modification would allow flexibility that would' enable coordinated releases of stored water with operations of th~ interconnecting water main and the future treatment plant in' Vail that would use Dowd Junction intake water. Raising,the dam elevation and modifying the operating plan would allow 125 additional acre- feet of active storage capacity for water rights augmentation of in stream flows in Gore Creek and other uses in the Eagle River. This 1041 permit proposal was referred to 16 local, state and federal a.gencies. He stated that all necessary [mdings had been satisfied. The Environmental Health Department believes the project would provide in-basin storage at the headways at a relatively low cost with little environmental degradation. The benefits far exceed the detriments. The Eagle County Planning Commission believes that overall the proposal is a good deal for Eagle County. Staff believes that each of the 32 approval criteria for this permit application had been satisfied. He presented a map that indicated the current water and post project water levels. Only a temporary wetland disturbance is expected. Ray Merry, Environmental Health Director spoke about stream flow and cost. He believes that there would be very little cost but would provide a lot of operational flexibility. He believes it's a great opportunity for little environmental consequence and flexibility in maintaining aquatic life in Gore Creek. He believes that the tr;:tction sand brought up by the Planning Commission is small impact in the overall capacity. Lin Schorr, Eagle River Water & Sanitation District Technical Director spoke about the inception of the project and the analysis of the 2002 drought conditions. The analysis indicated a need to expand some of the reservoirs. As part of the planning process, the district revisited the current operating plan. The new water plan ., ,..) 37 3/13/07 would allow for water to be release in the summer while still maintaining enough volume in the reservoir to augment winter stream flows during the drought years. Bob Weaver, Hydrosphere Resource Consultants spoke. He was responsible for preparing the permit applications under the direction of Ms. Schorr. They concur with staffs findings and recommended permit conditions. ' Commissioner Fisher wondered about the Planning Commissions question regarding who owns the rights to the 117 acre-feet. Mr. Weaver stated that ERW&SD owns conditional water rights for the enlargement of Black Lake No.1. Once the enlargement is completed, the district will file a petition with the water court to make those storage rights absolute. Commissioner Runyon wondered why they decided on 4 feet. Mr. Weaver stated that safety requirements had to be considered. From a construction stand point it would be cost effective but would increase the impact on the wetlands. They would get some additional yield but it wouldn't always be dependable. The.conclusion, it wasn't worth the effort to go more than 4 feet. Commissioner Menconi asked for -ahy fmal comments before opening the file up to public cortnnent. Mr. Weaver suggested that condition 5 be re-visited. He believed that the annual report submittal may be more information than is necessary. . Mr. Merry suggested revising condition 5. He suggested an annual report be submitted but the contents of the report be at the discretion of the Environmental Health Department. He suggested that the report reflect environmental mitigation. Commissioner Menconi stated that he understands condition 5 to read that an annual report needs to be submitted on an annual basis until the 1: 1 ratio is reached. Mr. Merry stated that the original permit being amended requires that they submit a report to the county that has a lot of unnecessary information. He would like to amend condition 5 to only require pertinent information be submitted. Mr. Narracci suggested that the condition 5 require an annual report be submitted to the Department of Environmental Health regarding environmental mitigations. Mr. Merry suggested that the condition read as follows. An annual report that accompanies the operations of the reservoir be amended to include an assessment ofenvironmenta1 mitigations and the success of those mitigations as deemed appropriate by the Department of Environmental Health. Conunissioner Runyon wondered if the previous 1041 should be amended firSt. Mr.Metty stated that the current 1041 permit is actually an amendment of Black Lake No.1 enlargement proj ect. number one. Mr. Morris suggested that the County Attorneys Office and Mr. Merry work with the applicant to prepare language that would be mutually acceptable. Mr. Weaver agreed and stated that there were currently several mechanisms for enforcement and accountability. Chairman Menconi opened and closed public comment, as there were none. Commissioner Fisher asked Mr. Weaver if there was a bit of hesitancy as far as having the additional reporting or an ongoing reporting requirement. Mr. Weaver stated that it's a bit burdensome to compile all the information necessary for reporting under the currently effective permit. Commissioner Fisher wondered about the condition 4 regarding the construction activities being timed with the Division of Wildlife. Mr. Weaver stated that the reservoir water level would be drawn down during construction. The spawning season typically starts in October so their goal is to start construction after the Labor Day weekend in September and finish within a few weeks. The construction of the project is simple and can be completed in less than 30 days. Commissioner Runyon wondered about the reporting and the unintended consequences that may occur in the future. Mr. Weaver stated that he js comfortable working with Mr. Merry to resolve any of the concerns or issues regarding the reporting process. Chairman Menconi went through each of the staff findings provided in the staff report. The staff report indicated that all staff finding were positive with a few that were not applicable. 38 3/13/07 Commissioner Fisher moved that the Eagle County Permit Authority approve File No. 1041,..0068, incorporating the following conditions: I. that except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. ,All permits and approvals necessitated by this 1041 Permit must be successfully obtained prior to site distlifbance for the Project. 3. The applicant should supply a Dust Suppression Plan, Storm water Management Plan and Erosion Control Plan with application for Grading Permit. 4. Construction activities should be timed with the Division of Wildlife' to avoid impacting spawning trout, 5. An annual report be submitted addressing the success of wetland mitigation until such time as the 1: 1 ration of wetland replacement or protection is achieved. The actual terms and verbiage of this condition will be worked out between the County Attorney's Office, the Environmental Health Department and the applicant and be returned to the Board at the time the resolution is presented. Commissioner Runyon seconded the motion. The vote was declared unanimous. COinmissioner Fisher moved that the Eagle County Permit Authority approve File No. 1041-0068, waiving the requireme11ts for Special Use Review Permit and incorporating the following conditions: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. All permits and approvals necessitated by this 1041 Permit must be successfully obtained prior to site disturbance for the Project. Commissioner Runyon seconded the motion. The vote was declared unanimous. Work sessions Taped 1. Jail project team update 2. Other rned until March 20, 2007. 39 3/13/07