Loading...
HomeMy WebLinkAboutMinutes 10/11/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 IiOECKEL'S 387869 PUBLIC HEARING OCTOBER 11, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates Jack Lewis James Fritze Sara J. Fisher Chairman Corrmissioner Commissioner County Manager County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: Consent Calendar Chairman Phillips stated the first item on the agenda was the consent calendar as follows: 01) Bill paying, subject to review by County Manager 02) Payroll for 10-13-94, subject to review by County Manager 03) Minutes for June 27, 1994 through August 16, 1994 04) Proposal for Survey of willits Lane. 05) Professional Services Agreement between Eagle County and Hepworth-Pawlak Geotechnical, Inc., for a subsoil study. Commissioner Johnson stated he has not reviewed the minutes and requested those be tabled. commissioner Gates requested item number four be pulled for discussion. Corrmissioner Gates moved to approve items one (1) and two (2) as presented. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to table item number three (3) to a later date. commissioner Gates seconded the motion. The vote was declared unanimous. Corrmissioner Gates questioned item number four and whether an agreement was signed with Basalt. Phil Scott, Engineering Technician, infonned the Board the State acquired whatever private property was left beyond that which was publicway. There is no private property remalning. Jack Lewis, County Mana$"er, stated he understands in the Intergovernmental Agreement lt was requested to annex all of willits Lane, thus the reason for the survey. Commissioner Gates moved to approve the proposal for survey of willits Lane, item four on the consent calendar. Commissioner Johnson seconded the motion. The vote was declared unanimous. Corrmissioner Johnson questioned item number five (5), the payment of cost plus 20%. Mike Bradley, Buildings and Grounds Supervisor, stated this is the fonn contract from the service provider and related the County does not have a set rate. He asked if the Board wanted him to negotiate out the 20%. Discussion followed on the costs in the contract. Corrmissioner Johnson moved to table the contract with Hepworth-Pawlak Geotechnical, Inc. to October 17, 1994. Corrmissioner Gates seconded the motion. The vote was declared unanimous. 1 Resolution 94-150, Blue Lake, Filing V John Althoff, Engineering Technician, presented the fourth partial release of collateral for Blue Lake, Filing V. He stated a site visit was perfonned and the improvements were completed thus far. . commissioner Gates moved to aPI?rove Resolution 94-150, fourth partlal release of collateral, Blue Lake, Flling V. commissioner Johnson seconded the motion. The vote was declared unanlmous. Resolution, Barbara & Doug Morrison Jim Fritze, County Attorney, stated item "B", resolution authorizing the drawing of collateral lf required for Barbara A. & Doug Morrison, has been withdrawn. The Board acknowledged the withdrawal of item "B". Resolution 94-151, Bentgrass at Cordillera John Althoff presented Resolution 94-151, second partial release of collateral and corrmencement of the warranty period, Bentgrass at Cordillera. Corrmissioner Johnson moved to approve Resolution 94-151, second partial release of collateral and commencement of the warranty period, Bentgrass at Cordillera. Commissioner Gates seconded the motion. The vote was declared unanlmous. Agreement, WECRD Paul Gregg, Buildings and Grounds, presented an agreement between Eagle County, Western Eagle County Recreational District and Eagle Sanitation Distrlct for an easement at the Sports Complex. He recorrmended the Board approve the agreement. Corrmissioner Gates moved to approve the agreement between Ea$"le County, Western Eagle County Recreational District and Eagle sanitation Dlstrict, for an easement at the Sports Complex. Commissioner Johnson seconded the motion. The vote was declared unanimous. commissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous. Beaver Creek. Wines & Spirits Earlene Roach, County Liquor Inspector, presented a renewal of a Retail Liquor Store for Viking Investment Corporation, dba/Beaver Creek Wines & Spirits. She stated an inspection was made of the premises and all was in order. All fees have been paid. Staff recorrmended the renewal be approved. commissioner Gates moved to approve the renewal of a Retail Liquor St?r~ License for Viking Investment Corporation, dba/Beaver Creek Wines & Splrlts. Commissioner Johnson seconded the motion. The vote was declared unanimous. C?mmissioner Johnson moved to adjourn as the Local Liquor Licensing Authorlty and reconvene as the Board of County Commissioners. Commissioner Gates seconded the motion. The vote was declared unanimous. Vail Beaver Creek. Jet Center, Ircpravements . Dan ReYnolds, Airpo~t Manager, stated the next item on the agenda was lmprovements to the termnal baggage area for Vail Beaver Creek Jet Center. ~r. ReYnolds stated the Jet Center should have obtained approval for the lmprovements before beginning but did not. He requested the Board approve 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 the improvements after the fact. commissioner Johnson asked why approval was not obtained before the improvements were started. Mr. ReYnolds stated most of the improvements were to existing areas. commissioner Gates moved to approve the improvements to the terminal baggage area for Vail Beaver Creek Jet Center. Commissioner Johnson seconded the motion. Commissioners Gates and Phillips voting yes and Commissioner Johnson voting no. Corrmissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. commissioner Johnson seconded the motion. The vote was declared unanimous. Wolcott Market, Ltd. Earlene Roach presented new applications for a 3.2% Beer License and a Retail Liquor Store License for Wolcott Market, Ltd., dba/Wolcott Liquor and Wolcott Market, Ltd., dba/Wolcott Market. She stated an inspection was made of the premises and the Federal Tax Stamp was not posted nor was it posted at the time of the last inspection. Ms. Roach informed the Board Wolcott Market was the product of a "sting" operation performed by the Eagle County Sheriff's Office, in which beer was sold to a minor. She related this was a Liquor Code violation. Jan Jouflas, applicant, stated they had lost three employees and the inn keeper from next door was in helping them out, who inadvertently sold the beer to a minor. Tim Farley, applicant, explained the situation to the Board. Corrmissioner Johnson asked if the applicant was serving alcohol at the present time. Ms. Roach answered yes as the applicant has been issued a temporary license. commissioner Johnson stated he has a difficult time in having a violation of a liquor license without applying sanctions. He suggested the applicant voluntarily not sell liquor for three days, or the Board proceed through a show cause hearing to apply sanctions at that time. Chairman Phillips stated she believes this was not intentional and was a one time incident. Mary Jo Berenato infonned the Board there are three other establishments involved in the "sting" operation which will all be coming before the Board. What the Board decides here will set the precedent for the other establishments. Commissioner Gates asked if the worker had been instructed to help out during that busy period. Mr. Farley stated he had not instructed her to help but that she seen it was busy and was trying to be helpful. Chairman Philllps asked if the applicant had been to Court. Mr. Farley stated they plead no contest and received a deferred sentence and paid $300.00 fine to the food fund. Ms. Berenato stated this is a matter for the Liquor Licensing Authority and there are several choices: 01) the aI?plicant can voluntarily agree to not sell alcohol for a certain period of tlme. 02) the Board can hold a show cause hearing to sanction the applicant. 03) the Board can grant the license as is. 04) the Board can deny the application. Commissioner Johnson stated he would like the applicant to volunteer to not sell alcohol on October 16, 17 & 18, 1994. Ms. Jouflas stated they cannot afford to do not sell alcohol during that period of time as it is hunting season, which is their busiest time. Chairman Phillips stated the applicant has been through Court and has paid a fine. She believes each establishment must be taken on a case by case basis. 3 Sara Fisher, Eagle County Clerk & Recorder, spoke concerning the lapse of the license being during Labor Day, which is also a busy time and a teIl1!?orary was issued to allow the applicant to sell alcohol during that perlod of time. Discussion continued on the application of Wolcott Market, Ltd. Ms. Jouflas stated they would agree to not sell alcohol on October 13 and 14, 1994. Corrmissioner Johnson moved to approve a new application for a Retail Liquor Store license for Wolcott Market, Ltd., dbajWolcott Liquor, as of October 14, 1994, at 8:00 a.m. Conmissioner Gates seconded the motion. The vote was declared unanimous. commissioner Johnson moved to approve a new application for 3.2% Beer License for Wolcott Market, Ltd., dbajWolcott Market as of October 14, 1994 at 8:00 a.m. \ Commissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Gates moved to establish the neighborhood as the Wolcott area and the need be established as per the petition submitted of 256 signatures, as this was the same applicant and same establishment as in the past. Conmissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until October 17, 1994. Attest. 4