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HomeMy WebLinkAboutMinutes 03/28/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 28, 1994 Present: Johrmette Phillips James Johnson, Jr. George "Bud" Gates Mary Jo Berenato Sara J. Fisher Chairman commissioner commissioner Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County commissioners for their consideration: Consent Calendar Chairman Phillips opened the meeting with the first item on the agenda the consent calendar as follows: 01) Bill paying, subject to review by County Manager 02) Payroll for 03-31-94, subject to review by County Manager 03) Agreement with "We Recycle" , 04) Notice of Award, Polar Star Bridge 05) Bid Acceptance for Road & Bridge equipment 06) Resolution 94-32, County Forest Reserve Fund 07) Notice of Award, Fairgrounds Road Paving. Mary Jo Berenato, Deputy County Attorney, requested the Board pull item number three (3), "We Recycle" Agreement and item number five (5), Bid Acceptance, for discussion. Commissioner Johnson moved to approve items number 1, 2, 4, 6 and 7 as presented. Commissioner Gates seconded the motion. The vote was declared unanimous. Ms. Berenato stated item number three (3) is an agreement with "We Recycle" and Maury Nottingham, which was tabled from an earlier hearing date due to public education and the County's recycling being picked up rather than the County delivering it to a site speclfic. She stated BFI is currently picklng up the recycle material at the County. Commissioner Johnson stated Mr. Nottingham, Environmental Health and he will be meeting to discuss an educational program. He questioned the contract being reduced if the amount of waste is reduced at the County Landfill. Commissioner Gates moved to approve the agreement between Eagle County and "We Recycle". commissioner Johnson seconded the motion. The vote was declared unanimous. Mary Jo Berenato brought up the matter of the Bid Acceptance for equipment at Road and Bridge. She questioned as this was a bid acceptance will there be a contract to follow. Don Fessler stated the award goes to the low bidder, therefore there is no contract. Chairman Phillips stated the bid acceptance is for the following items: 01) 1994 self propelled hydraulically driven highway mower 02) reconditioned water truck 03) 1994 Rammer 04) 1994 Motor Grader 05) 1994 Trash Compactor 06) hauling of 9,500 tons of gravel. Commissioner Johnson moved to approve the bid acceptance for the six items listed above. 1 Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 94-33 Mary Jo Berenato presented Resolution 94-33, vacation of Access and Utility Easement located in Creamery Gulch Ranch, Lots 1 and 2. Steve Isom, Isom and Associates, pointed out on a plat the location of the vacation. commissioner Gates moved to approve Resolution 94-33, vacation of Access and Utility Easement located in Creamery Gulch Ranch, Lots 1 and 2. commissioner Johnson seconded the motion. The vote was declared unanimous. Contract, Heal thy Beginnings Mary Jo Berenato presented a Grant Agreement between Ea;1le County and Healthy Beginnings, for a total of $2,500.00, $600.00 per cllent. Commissioner Johnson asked if the $2,500.00 was a ceiling and may not be used totally. Ms. Berenato stated it is a grant in the amount of $2,500.00. Commissioner Johnson moved to approve the Grant Agreement between Eagle County and Healthy Beginnings for a total of $2,500.00. Commissioner Gates seconded the motion. The vote was declared unanimous. Agreement, Valley Resource Management Mary Jo Berenato presented an Intergovernmental Agreement between Eagle County and Valley Resource Management. She stated she did not have the agreement in her possession. Don Fessler, Road & Brid;1e Supervisor, stated it was his understanding the agreement was to be re-wrltten. commissioner Johnson moved to table the Intergovernmental Agreement between Eagle County and Valley Resource Management to April 11, 1994. commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 94-34 Mary Jo Berenato presented Resolution 94-34, adopting the Eagle County Motor Pool Policy. commissioner Johnson moved to approve Resolution 94-34, adopting the Ea;1le County Motor Pool Policy, with the knowledge prior to April 30, 1994, thlS Board, Bill Smith, Ea$le County Sheriff, Chris Armstead and County Mana;1er will attend a meetlng to discuss a Motor Pool Policy for the Sherlff's Department as well as for the rest of Eagle County Government. Both policies shall remain in effect. commissioner Gates seconded the motion. Discussion followed on the Sheriff's Office being included in the Motor Pool Policy bein;1 adopted this date. Chairman Phlllips called for the question on the motion. Commissioners Johnson and Gates voting yes and Chairman Phillips voting no. Association of Musicians International Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authorlty. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. commissioner Gates had left the meeting. Bob Loeffler, Ass't. County Attorney, presented a Special Events Permit for Association of Musicians International. He informed the Board the applicant is requesting a Special Events Permit for April 16 & 30, May 6, August 27, October 1 & 29, December 3, 24, 1994. ., Mr. Loeffler stated the lease is in the name of Armando Sepeda, promoter and Rafael Fernandez, co-promoter. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Felix Salinas, event coordinator, stated the Association of Musicians International is taking control of the alcohol license due to problems in the past. He stated the Association of Musicians International is for the betterment of the musicians themselves and exists to promote those entertainers. Mr. Loeffler continued to question the applicant on the application for Special Events Permit. commissioner Johnson asked how many security people will be at this proposed function. Mr. Salinas stated he will have as many security officers as necessary. Bob Loeffler stated the applicant has submitted a security agreement for security enforcement for two people and is strictly for April 16, 1994. The Board concurred they preferred to have the applicant apply for each date listed as a separate and distinct license rather than having all dates being applied for at the same time. Mary Jo Berenato questioned the Exhibition Hall having three entrances and only two security officers. Mr. Salinas stated the applicant is trying to take a step in the right direction. Mr. Loeffler stated he understands Association of Musicians International received the proceeds from the liquor sales and the promotor and band receive the proceeds from the dance. ' Mr. Salinas answered that was correct. Ken Wilson, Eagle County Sheriff's Office, informed the Board there have been numerous problems at these dances and related the alcohol abuse cannot be controlled. He discussed fights, broken bottles and blood being found during walk through's. Ms. Berenato asked about the number of security officers needed at one of these s}?ecial events. Mr. Wllson stated the Sheriff's Office has determined at least one security officer per 100 individuals. Chairman Phillips asked about the capacity of the Exhibition Hall. Mike Bradley, Buildings and Grounds Supervisor, stated the capacity has been determined to be 300. Mr. Wilson suggested banning glass at these events. Mr. Bradley stated glass has been banned and that is in the rules and regulations attached to the lease. Mr. Loeffler reviewed problems with the application. Earlene Roach, County Liquor Inspector, informed the Board County Regulations indicate a letter of approval must be obtained from the Sheriff's Office. Mr. Sepeda stated he believes there are solutions to the problems. Discussion followed on the inconsistencies in the application. Mary Jo Berenato suggested the Board table this matter for a week to give the applicant time to clear up all those items needing attention in the file. Commissioner Johnson moved to table the Special Events Permit for Association of Musicians International to April 4, 1994. The Board instructed the ap~licant to attempt to obtain a letter of approval from the Eagle County Sherlff's Office and take care of the minor items needing attention in the file. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Commissioner Gates was not present at the afternoon session of the meeting. commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chalrman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Abatements Mary Jo Berenato presented a petition for abatement for Benedict Land and Cattle, schedule number 0026680. She requested this matter be tabled to April 25, 1994 at 4:15 p.m. 3 Commissioner Johnson moved to table schedule number 0026680, Benedict Land and Cattle Company to April 25, 1994 at 4:15 p.m. at the applicants request. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Mary Jo Berenato presented a petition for abatement for Phyllis Johnson, schedule number 20675. Hugh Warder, Attorney representing Phyllis Johnson, submitted the questionnaire filled out by Ms. Johnson and a letter from the Assessor's Office. He stated the abatement was not a claim based on over classification but rather based on mis-classification of property. Allen Black, Eagle County Assessor, informed the Board this matter was tabled to allow the petitioner to produce evidence the property was being used for agricultural purpases. Chairman Phillips asked if the applicant had additional information.. Mr. Warder stated the Assessor's Office has copies of the leases except for 1989. Mr. Black stated since the property was not leased in 1989, it then took three years for the property to be reclassified as agricultural. Chairman Phillips stated though it was not leased in 1989, the classification did not change. Ms. Berenato stated the applicant needed to present a lease, schedule "F" or any documentation indicating the property was used for agricultural purpases during the reappraisal years. Commissioner Johnson asked why the property was not leased in 1989. Ms. Johnson stated it happens at times when a request is not subrrdtted to lease. She stated this allows the property to revegetate. corrmissioner Johnson moved to approve schedule number 20675, Phyllis Johnson, for 1991 and 1992, to allow conservation of the property as stated by the petitioner. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until March 29, 1994. Attest: ~.. Q~f"" ~A~(/ CIer to t Boar ~qr ~~ 4