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HomeMy WebLinkAboutMinutes 09/20/99 PUBLIC HEARING SEPTEMBER 20, 1999 Present: Johnnette Phillips Tom Stone James R. Fritze Jack Ingstad, Sara J. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: James Johnson, Jr. Commissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Phillips stated the first item before the Board is the consent agenda as follows: A) Approval of bill paying for week of September 20, 1999, subject to review by County Administrator B) Approval of payroll for September 23, 1999, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of September 7, 1999 D) Agreement between Eagle County and Gerard Brothers Ranch for harvesting and removal of hay E) Resolution 99-154 authorizing the distribution of monies from the School Land Dedication Fund to Eagle County School District RE-50-J F) Resolution 99-155 transferring and distributing revenues from the County Forest Reserve Fund, Fiscal Year 1999 G) Consent regarding restatement of Section 1.01 and 4.08(b) of the Trust Indenture for Eagle Riverview Affordable Housing Corporation H) Resolution 99-156 authorizing final release of collateral of Bond No. 318257/14285080 and termination of the Reclamation Agreement for Rocky Mountain Natural Gas Company, KN Energy I) Approval of Cooley Mesa Leasing LLC Sublease to the Hertz Corporation Rental. Commissioner Stone asked if they have correct wording on item I, Cooley Mesa Leasing LLC Sublease to the Hertz Corporation Rental. Brad Gent, Cooley Mesa Leasing, was present for the hearing. Bob Loeffler, Deputy County Attorney, stated they had the old language as well as the new language. He stated the last thing in the book is the new agreement prepared by Mr. Gent. It is the same except they changed the use language to tie it to capacity. Hertz Corporation still has not signed off on it, but if this is approved by the Board, it will be the sublease used by Hertz. Chairman Phillips asked Ms. Sheaffer about the Forest Reserve Fund. Commissioner Stone pointed out this was last year's budget. Karen Sheaffer, Eagle County Treasurer, explained there was an error made and though this is not all of the money, this is all that they are going to get. She stated the money had been distributed out and this reflects the balance. She spoke to the 25% fee for the School Districts that will take effect in January of2000. She suggested they may want to change the proration of the Forest Reserve Fund. She 1 09-20-1999 indicated they now pay 'li of a percentage which is about $112,000. That will be cut in half. She explained there will be a significant reduction. Commissioner Stone thanked her for the heads up. This however, is talking about last year's commitment. Ms. Sheaffer concurred. She stated this was the balance owed to Eagle County. Commissioner Stone asked if they can change it for next year. Ms. Sheaffer stated they may. Chairman Phillips spoke to the minutes and stated on page 5, where it starts Mr. Gent, anyone needs to be corrected. On page 11, one sentence from the bottom it reads haring instead of hearing. Commissioner Stone moved to approve the consent calendar as presented with the changes to the meeting minutes as noted by Chairman Phillips. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson was not present for this hearing. Plat & Resolution Signing Scot Hunn, Planner, stated there were no plats or resolutions for today's meeting. Eagle County Recreation Authority, Extend Offer to 10-01-99 Jim Fritze, County Attorney, stated the next item on the agenda was consideration of the request ofthe Eagle County Recreation Authority to extend Eagle County's Offer until October 1, 1999. He explained the request to the Board stating there has been a request to extend the offer. In courtesy to the Mayor of Vail, he suggested they extend it to the 8th of October. They will have to adjust the rest of the dates accordingly to meet the deadline. The last proposal is to clarify the acceptance ofthe IGA with the School District, they will add the word therein to paragraph 24A to specify the terms included. Commissioner Stone stated October 8th is the next scheduled meeting day for the Recreation Authority and therefore it would be appropriate. Commissioner Stone moved to extend the offer of Eagle County to purchase the Berry Creek 5th Filing with the Eagle County Recreation Authority to October 8th as amended by Mr. Fritze. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Mr. Fritze stated they are still attempting to negotiate with the bond holders on the trust indenture. He stated some of the bond owners are trying to negotiate different terms. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 99-157, Fines in lieu of Suspension Earlene Roach, Liquor Inspector, presented Resolution 99-157, Fines in lieu of suspension. She explained the resolution to the Board stating it allows the Board discretion in imposing a fine in lieu of suspension. Ms. Roach stated she has made all the changes the Board suggested and will also include the approval by the Board of County Commissioners sitting as the Local Liquor Licensing Authority. Commissioner Stone moved to approve Resolution 99-157, Fines in Lieu of Suspension. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. 2 09-20-1999 Beaver Creek Golf Club Earlene Roach stated the managers registration for Bruce Drumm, Beaver Creek Food Services, dba/Beaver Creek Golf Club Bar & Grill, has been withdrawn. Beaver Creek Wines & Spirits Earlene Roach presented a renewal of a retail liquor store license for Viking Investment Corporation, dba/Beaver Creek Wines and Spirits. She stated this application is in order and all fees have been paid. She related this applicants lease expires October 31, 1999 and according to the lessor, this lease will not be renewed. She stated according to Vail Associates, the lease will not be renewed. So on November 1, 1999, unless a letter is received from Vail Associates, landlord, this applicant will be out of business and will surrender his liquor licenses. The Sheriff reports no complaints or disturbances during the past year. Staff recommended approval. John Radberg, applicant, was present for the hearing. Chairman Phillips asked about the lease. Ms. Roach explained the license expires October 24th and his lease expires October 31 st. In the applicants lease it states if he lost his license his lease becomes void, thus the reason for renewal. Mr. Radberg suggested he would be in default if he allowed his license to expire. He spoke to the lease in St. James Place. He spoke to a holdover clause in his lease and that it could be there may not be a liquor store in Beaver Creek. He stated things could change in the next month. He stated it is a $375.00 long shot wager. Commissioner Stone stated he doesn't know what the legal effect be. Ms. Black stated once Mr. Radberg does not have a lease, he will not be entitled to have the license. Chairman Phillips asked about a refund or changing the location of the license. Ms. Roach explained he could transfer location of the license within unincorporated Eagle County but not between licensing entities. Commissioner Stone moved to approve the renewal of a retail liquor store license for Viking Investment Corporation, dba/Beaver Creek Wines and Spirits. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until September 27, 1999. Attest: Clerk to the Boa 3 09-20-1999