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HomeMy WebLinkAboutMinutes 11/08/11 PUBLIC HEARING November 8, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Keith Montag County Manager Bryan Treu County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Sara Fisher Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Special Recognition — ECO Transit for Federal Transit Authority State of Good Repair Grant Kelley Collier, ECO Transit Ms. Collier spoke about the bus replacement grant. This was largest one time grant award ever received. The grant would help replace 4 busses with in the next few years and get ECO through 2013. She spoke about the grant application process and the other smaller grants awarded. She stated that various studies were performed that identified specific needs. This backup and documentation was submitted with the grant submittal. Mr. Montag thanked Ms. Collier and her team for their hard work procuring the various grants. Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of November 7, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for November 17, 2011 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Commissioners Meeting for October 4, 2011 Teak Simonton, Clerk and Recorder D. Application for Group Insurance to the Lincoln National Life Insurance Company Lisa Ponder, Human Resources E. Agreement between Eagle County and Colorado Department of Transportation for Relocation of US Highway 6 near Wolcott (Wolcott PUD) Eva Wilson, Engineering Eva Wilson commented on item E and the relocation of Hwy 6. The Wolcott PUD vision included relocation of US Hwy 6 away from the river. As part of the process, CDOT required an agreement with the municipality or local government agency. This was in no way was the approval of the PUD and there would be no taxpayer dollars spent. Eagle County staff would be at the table through the entire process. Commissioner Runyon moved to approve the Consent Agenda, Items A -E. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 1 11/08/2011 Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Revision of 2011 Eagle County Investment Policy Karen Sheaffer, Treasurer Chairman Stavney stated that they recently had a work session on the policy. Ms. Sheaffer stated that the policy changes were due to the recent downgrade of instruments and securities. Under the current investment policy, investing in them was no longer allowable. It was proposed that the policy be revised to accommodate flexibility with the types of investments. The second change would add the option of investment in corporate debt. The board would be made aware of the available options. No more than 5% of the county's total portfolio would be invested in any one issuer. The proposed changes would allow the county to make the maximum about of interest earnings without taking on any undue risk. Commissioner Runyon asked about the Eco Build Loan Program secured by property tax revenue. Ms. Sheaffer stated that it was allowable but there had been some ruling by the federal agencies that made the option very undesirable. Most government entities had backed away from the program. Mr. Palmer stated that it was decided not to proceed with the PACE program due to the changes in the economy. There was a House Bill that had timed out and was reintroduced this year. He believed that things would continue to move forward as the HB had a lot of support. They were still moving forward on development of a commercial PACE program locally. Commissioner Runyon moved to approve the revision of the 2011 Eagle County Investment Policy Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Marquez Restaurants, Inc. d/b /a Fiesta's Restaurant #04- 89807 -0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Ritz- Carlton Hotel Company, LLC d/b /a Ritz- Carlton Club, Bachelor Gulch #12- 60336 -0000 This is a renewal of a Hotel and Restaurant License in Bachelor Gulch. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. DVT, Inc. d/b /a Downvalley Tavern #28- 09520 -0000 2 11/08/2011 This is a renewal of a Hotel and Restaurant License in El Jebel. The establishment recently failed a compliance check conducted by the Eagle County Sheriff's Office. The Local Licensing Authority has handled the matter and suspension of the license is pending. This was the first violation for the establishment. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other D. Behringer Harvard Residences at Cordillera, LLC d/b /a Cordillera Mountain Club #42 -50069 -0002 This is a Report of Change / Manager Registration. The applicant wishes to register Aaron Coburn as the new manager, replacing Adam Lewis. Mr. Coburn was reported to be of good moral character based on both his Sheriff and CBI reports. E. Marquez Restaurants, Inc. d/b /a Fiesta's Restaurant #04- 89807 -0000 Marquez Restaurants, Inc. has submitted a Corporate Report of Change. The applicant is reporting that Andrea Burrows will be replacing Susan Marquez as Director. Ms. Burrows was reported to be of good moral character base on both her Sheriff and CBI reports. F. Eagle Vail Original Sports Bar, LLC d/b /a Paddy's #12- 87957 -0000 Order Establishing Violation and Setting Penalty Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for November 8, 2011 consisting of Items A -F. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: WVR Colorado, LLC d/b /a The Terrace REPRESENTATIVE: Michael Lange, General Manager LOCATION: The Charter at Beaver Creek — 120 Offerson Road, Beaver Creek REQUEST: Transfer of Ownership STAN'' REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has requested the transfer of a Hotel and Restaurant Liquor License. The Resort Company d/b /a the Terrace currently holds this license. The applicant is currently operating under a temporary permit issued by the local licensing authority, August 16, 2011. As stated by Mr. Lange at the prior hearing, the parent company was purchased by a division of Wyndham Resorts and they formed a new corporation, WVR Colorado that would manage the Charter. The trade name would remain the same and business would continue as usual. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicants are of good moral character 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: 3 11/08/2011 a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: 1. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. Based on the evidence provided in the CBI report the applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicant is over 21 and fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises, October 28, 2011, 10 days prior to the hearing. 7. Publication is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter the licensed premises, or the usage of the licensed premises. DISCUSSION: Ms. Scriver presented the request and indicated that the applicant had met all the necessary requirements for the transfer of ownership and all findings were positive. Michael Lange, General Manager was present on behalf of the applicant. Commissioner Runyon moved that the Local Liquor Licensing Authority, incorporating staff findings, approve the transfer of the Hotel and Restaurant liquor license from The Resort Company to WVR Colorado, LLC d/b /a The Terrace. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Eagle County Air Terminal Corporation. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 4 11/08/2011 Eagle County Air Terminal Corporation Chris Anderson, Airport 1. Approval of meeting minutes from October 11, 2011 meeting Mr. Runyon moved to approve the meeting minutes from October 11, 2011 meeting. M. Montag seconded the motion. The vote was declared unanimous. 2. Consideration of Fifth Amendment to Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Corporation and Hy- Mountain Transportation, Inc. Mr. Anderson spoke about items 2 and 3 at the same time as they mirrored one another. He explained that CME and Hy- Mountain transportation had been operating in the terminal since 2004. The consideration would authorize the organizations to continue in their terminal concession spaces for an additional year, October 31, 2012. Mr. Runyon requested that any transportation rate increases be reviewed. He believed that the county had an obligation to insure that rate increases were justifiable. Mr. Anderson stated that they did keep an eye on that. CME over the past couple years had reduced their fees in order to be more competitive in the market. Hy- Mountain had maintained the same fees for the last few years as well. Mr. Montag moved to approve the fifth amendment to agreement for operation of ground transportation services between Eagle County Air Terminal Corporation and Hy- Mountain Transportation, Inc. Mr. Lewis seconded the motion. The vote was declared unanimous. 3. Consideration of Fifth Amendment to Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Corporation and Delivery Acquisition Inc. (CME) Mr. Montag moved to approve the fifth amendment to agreement for operation of ground transportation services between Eagle County Air Terminal Corporation and Delivery Acquisition Inc. (CME) Mr. Lewis seconded the motion. The vote was declared unanimous. 4. New Business Mr. Anderson spoke about the progress with the Master Plan. Javiation was waiting for the review of the facilities requirement forecast and FAA must formally approve the plan before moving forward. There had been a couple of delays at the FAA's district office in Denver. The planner assigned to the project had been reassigned temporarily to another project. They anticipate and hope for the next meeting in mid- December. Mr. Montag stated that a representative from Javiation was in contact with the FAA, Denver Office to maintain a schedule on this master plan. He stated that Bill Ponder was in the process of selling a snow blower, which would offset the cost of the purchase of a grader from facilities. Mr. Anderson stated that the winter flights would begin December 15. Mr. Montag stated that the FAA was in the process of moving their weather station at the airport from one location to a different location to accommodate the HATTS expansion project. Commercial operations would not be affected. Mr. Anderson updated the board on the irrigation and concrete project. The irrigation system would be ready for spring use. There was a new main line installed and broken heads were replaced. The concrete repairs were ongoing. The project would come in at or under budget. They chose to remove cobbles from the design due to compatibility issues. 5 11/08/2011 Commissioner Runyon moved to adjourn as the Eagle County Air Terminal Corporation and re- convene as the Eagle County Board of County Commissioners. Commissioner Montag seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Planning Files LUR -3337 Eco -Build Section 4 -840 Amendment Adam Palmer, Planning Department NOTE: File withdrawn by applicant ACTION: Eagle County is proposing amendments to the Eagle County Land Use Regulations, which, if approved, would allow Eco -Build funds to be utilized to support projects meeting criteria for use of the fund in counties adjacent to Eagle County if similar projects within Eagle County are not available at the time of the proposal. Specifically, the amendment would allow Eagle County residents and businesses to be able to purchase portions of the Clean Energy Collective 858 -kw solar array at the Garfield County Airport until such community -owned solar options are available in Eagle County. LOCATION: Unincorporated Eagle County Mr. Palmer explained that the proposed amendment would have allowed the use of ECO build funds for solar rebates. Because of the reduced revenue, the rebates would be suspended. Mr. Montag stated that the Capital Improvements Project Long Range Planning discussion would be postponed until there was a full board. Work Session (recorded) Bureau of Land Management Regarding State Bridge Open Space Property Toby Sprunk, Open Space Susan Cassel, Associate Field Manager; BLM Kremmling Hannah Schechter, Recreation Assistant; BLM Kremmling Kimberly Miller, Outdoor Recreation Planner; BLM CO River Valley Carole Huey, Real Estate Specialist; BLM CO River Valley Manager Update Keith Montag, County Manager 1. Communications Update; Kris Friel 2. Meetings Attended / Future Meetings 3. Discussion Items 4. Open Space 5. Operational Update 6 11/08/2011 WECMRD Ball Fields Budget Estimates and Project Costing Rick Ullom; Project Management Greg Schroeder; Engineering Capital Improvements Projects Long Range Planning Tom Johnson, Public Works g C� ;}� -. '�� g adjourned _ber15,2011. There being no further business be -+� . • • rd, the meet'. ' , s adjourned it November / • w %•::. �_ .41 Clerk to the Boar. � po Cha' y2`, . P K/YJ v 7 11/08/2011