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HomeMy WebLinkAboutMinutes 01/24/2000 PUBLIC HEARING JANUARY 24, 2000 Present: Torn Stone James Johnson, Jr. Johnnette Phillips James R Fritze Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Stone opened the meeting stated the first item on the agenda was an "Executive Session" . Commissioner Phillips moved to adjourn into an "Executive Session" to discuss with council the settlement negotiations in the Board of Assessment Appeals, Docket No. 35195 relating to Piney Valley Ranches Trust, negotiations about an easement across Airport property requested by the owners of the Saddleridge Development and related potential litigation and legal issues regarding Beaver Creek, 5th Filing. Commissioner Johnson seconded the motion. The vote was declared unanimous. Jim Fritze, County Attorney, noted the time was 8:45 a.m. Commissioner Johnson moved to adjourn from "Executive Session" and reconvene to the regular meeting session. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Stone was not present at this time. The time was noted to be 9:45 a.m. Consent Agenda Chairman Stone stated the next item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of January 24, 2000, subject to review by County Administrator B) Approval of payroll for January 27, 2000, subject to review by County Administrator C) Approval ofthe minutes ofthe Board of County Commissioners meeting of January 3, 2000 D) Cooperative Agreement with Eagle County Soil Conservation District for weed inventory E) Contract with Fuller Consulting Services to provide a study for recreational district development at the Mt. Sopris Tree Farm site F) First Amendment to Contract between Eagle County on behalf of Eagle Lease Financing Corporation and M.A. Mortenson Company G) Resolution 2000-015, authorizing increasing the rates for the Eagle County Landfill and amending Resolution 96-141 1 01-24-2000 H) Resolution 2000-016 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.1 S801789, for Fox Run Meadows LLLP, in the amount of $63,387.00, to expire January 30, 2000, issued by Norwest Banks I) Resolution 2000-017 authorizing the Road & Bridge Director to dispose of certain personal property of the County of Eagle J) Settlement Agreement among Roaring Fork Railroad Holding Authority, the Board of County Commissioners of Garfield County, the Board of County Commissioners of Eagle County, the Board of County Commissioners of Pitkin County, City of Glenwood Springs, City of Aspen, Town of Carbondale, Town of Basalt and the Town ofSnowrnass Village K) Agreement between Eagle County and U.S. West Communication, Inc., for U.S. West enhanced 9-1-1 service agreement L) Resolution 2000-018 releasing trail improvement funds M) Resolution 2000-019 in support of amendments to the Rural Transportation Authority Law. Commissioner Phillips stated on item C, approval of the minutes, page 5, under Resolution 2000- 003, she stated the motion was made by Commissioner Stone and indicates she seconded that motion. She stated that should be changed to Commissioner Johnson seconded the motion. The Board concurred. Commissioner Johnson moved to approve the consent calendar as presented with the corrections to the minutes as stated by Commissioner Phillips. Commissioner Phillips seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00210. Berry Creek Ranch. Filin~ No.4. A Resubdivision of Lot 25. Block 2. County of Eagle. State of Colorado. He stated this was a Minor Type B Subdivision that will subdivide Lot 25 to create two Vz duplex lots, Lot 25S and Lot 25N, and a restricted use easement. The plat does include a standard duplex caveat. He reviewed staff findings as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Phillips moved to approve final plat file number 5MB-0021 0, Berry Creek Ranch, Filing No.4, a resubdivision of Lot 25, Block 2, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Summit Enclave, 1041 Permit Keith Montag, Director of Community Development, presented a 1041 completeness hearing for 2 01-24-2000 a major extension of a domestic water and sewer treatment system for Cordillera, Summit Enclave. He stated the action that is being requested from the Board on January 18, 2000, is to determine completeness of a 1041 Permit amendment application and to estimate associated processing fees. Cordillera Development, Inc. has submitted a 1041 Permit application for the construction of a major extension of a domestic water and sewer system for the 'Summit Enclave' portion of the Mountain Tract PUD. Staff has reviewed the above referenced permit application and has found it to be complete. We have tentatively scheduled this amendment permit hearing for the Planning Commission and the Permit Authority on March 15,2000 and March 27,2000 respectively. Estimated fees for the above referenced 1041 Permit application are as follows: Community Development Staff 19 Hrs @ $42.50 = $ 807.50 Engineering Staff 6 Hrs @ $42.50 = $ 255.00 Attorney Staff 8 Hrs @ $75.00 = $ 600.00 TOTAL = $1,662.50 Commissioner Johnson moved the Board accept the permit amendment application, submitted by Cordillera, for the construction of a major extension of domestic water and sewage treatment systems for the 'Summit Enclave' development located in the Cordillera PUD, as complete. The estimated fee to process this application is $1,662.50 and may be altered to cover the actual cost of review and public hearings. Additionally the Board approve the applicants waiver request for the requirement of a special use permit, as applied from Section 3-310 I of the Eagle County Land Use Regulations. Commissioner Phillips seconded the motion. In discussion, Chairman Stone stated he believes he abstained from voting on the subdivision file for Cordillera as there was a possible conflict of interest. Commissioner Johnson stated this decision does not have anything to do with land use, therefore Chairman Stone should be allowed to vote. Bob Loeffler, Deputy County Attorney, agreed. Chairman Stone called for the question on the motion. The vote was declared unanimous. Commissioner Johnson 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. Edwards Liquors Earlene Roach, Eagle County Liquor Inspector, presented a renewal of a retail liquor store license for Edwards Discount Liquors, Inc., dba/Edwards Liquors. She stated this application is in order and all fees have been paid. The Sheriff s Office reports no complaints or disturbances during the past year. Staff recommended approval. Larry Eskwith, owner, was present for the hearing. Commissioner Johnson asked Mr. Eskwith how business was. Mr. Eskwith responded business was generally good but has been down a little this winter. Commissioner Phillips moved to approve the renewal of a retail liquor store license for Edwards Discount Liquors, Inc., dba/Edwards Liquors. Commissioner Johnson seconded the motion. The vote was declared unanimous. 3 01-24-2000 South Forty Liquors Earlene Roach stated the next item on the agenda was a show cause hearing for Lake Creek Liquors, Inc., dba/South Forty Liquors. She stated this show cause is due to a sting operation on November 17, 1999, in which this applicant sold alcohol to a minor. She introduced Ed Sands, prosecuting attorney. Mr. Sands asked the "order to show cause and notice of hearing" and the "certificate of service" be made a part of the official record. Chairman Stone stated both items are accepted. Mr. Sands asked if the licensee is going to admit or deny those items listed in the "show cause notice". He stated ifthe applicant denies the allegation he is prepared to go forward. Cindy Eskwith, owner, stated they will admit to the charges. Mr. Sands asked ifit had corne to Ms. Roach's attention that a sting operation had been performed and South Forty Liquors had sold alcohol to a minor. He asked her to describe her concerns and staff report for the Board. Ms. Roach stated she was aware of the sting operation. She stated this is actually the third offense for the sale of alcohol to minors. The first offense was in 1990, the second in 1998 and now the third in 1999. Mr. Sands asked about the action taken for the violation in 1998. Ms. Roach stated at that time the Board considered that offense as a first offense due to the time period between offenses. At that time the applicant was suspended for a period of four days, two served and two held in abeyance for a one year period. Commissioner Johnson asked what the other two violations were for. Ms. Roach responded they were all for the sale of alcohol to a minor and were the result of sting operations. Mr. Sands asked about her recommendations for the penalty to be imposed. Ms. Roach stated she has recommended the Board weigh the first offense in 1990 and to suspend this applicant for at least eight days, four to be served and four to be held in abeyance. Mr. Sands asked if that was the minimum Ms. Roach was recommending. Ms. Roach responded yes. Mr. Sands asked that staffs report be a part of the official record. Commissioner Phillips asked, since the Board has now passed a resolution for payment of a fine in lieu of suspension, could this applicant petition for a fine. Ms. Roach answered no. The County's resolution states you can only petition for a fine in lieu of suspension if you have not been suspended or paid a previous fine in the last two years. This establishment does not meet that criteria as they were suspended in 1998. She stated Ms. Eskwith was going to petition for the fine but was told by staff she would not be eligible. Ms. Eskwith stated the minor was 18. He was also 6'4" and approximately 230 pounds and had a baseball cap on. She stated nonetheless he should have been carded. She stated she operates in good faith and has always considered her job very seriously. She has no desire to sell alcohol to underage individuals. She related she trains her employees to constantly card anyone who looks under 30. She stated on an average they turn away about one person per hour. She stated all employees take the TIPS course. She stated she did not fire the employee as she believes he has learned his lesson and will now be a more valuable employee. He was suspended for a week without pay. Alex Brady, employee of South Forty Liquors, stated he is the employee that served the minor. He related it was a huge mistake and he is very sorry that it happened. He stated he regrets that he has tarnished the reputation ofthe store and the owners and possibility of causing his co-workers four days of non-employment. He stated on that night he had already been working 8 hours and had a co-worker call in sick, so he covered their shift. He stated he believed the minor to be at least 21. He related to the 4 01-24-2000 Board he has taken the TIPS course. He stated the owners do encourage employees card everyone. Mr. Sands asked Mr. Brady if the policy is that all employees have TIPS training prior to this incident. Mr. Brady responded yes. He stated he was told when he was first hired that TIPS was a good class to take and a lot of other establishments do require the class. Mr. Sands asked if Mr. Brady was told it was a good class or a required class. Mr. Brady stated he was told it was a requirement. Mr. Sands asked how long Mr. Brady had worked for the store. Mr. Brady responded 7 months. Mr. Sands stated he is unclear how this incident happened. He related the owner has testified how important it is not to sell to under aged persons, handbook is a requirement to read, how it is constantly reiterated to her employees. He stated Mr. Brady has related it was the most important policy ofthe store and he was reminded a couple of days earlier to card all those who appear to be under 30. And yet, Mr. Brady sold to an 18 year old. He stated they have heard that maybe Mr. Brady was tired and had worked an extra shift, but beyond that, why did he sell to the minor without carding. Mr. Brady stated he believed the minor to be 21. He stated he does realize the store policy is to card 30 and under and he made a mistake. Commissioner Johnson asked Mr. Brady how old he was. Mr. Brady responded 26. Commissioner Johnson asked what, in Mr. Brady's opinion, makes a person look 21. Mr. Brady stated the minor was taller and bigger than he was. He also had facial hair. He stated maybe he did not look close enough at him. Commissioner Johnson stated Ms. Eskwith testified that between 20% and 25 % of those carded are turned away. Mr. Brady stated they turn people away every day. Ms. Eskwith stated that anybody that comes into the store who looks young they card. If they do not have an ID, they are asked to leave. She stated when she works she cards four or five people per hour. Her observations are that the other employees also card that often. Out of those carded, maybe one does not have an ID and is asked to leave. Ms. Eskwith reiterated the reasons she did not fire Mr. Brady. Commissioner Johnson stated he believed this is the same process she used in 1998 with another employee who sold to a minor. Ms. Eskwith answered yes and that employee left on his own accord four months after that incident as he did not want the responsibility. She stated she has agreed to sell the business to a previous manager. Jennifer Lyant, manager and possible buyer, stated she has been with Ms. Eskwith for about 2 years. She stated the very first thing she was told was the importance of carding and not selling to minors. She stated the assistant manager would reiterate that to all employees everyday. Mr. Sands asked if Ms. Lyant is intending to purchase the business. Ms. Lyant stated she is and is currently in the process in meeting with Banks and picked up her application packet. Mr. Sands stated then she has not entered into a contract yet but is trying to get everything ready. Ms. Lyant answered yes. Ms. Eskwith stated she is asking for a mitigation of the penalty. She stated if she could compare her situation with that of a convenience store. When they are suspended they do not loose that much because they are still open selling food, gas and no employee looses their payor their jobs. When a liquor store is suspended they loose everything for that time period and all employees, even those who did nothing wrong, loose their pay for that period of time. She stated she would like to have either a partial payment and partial closure or maybe just close one day per week. 5 01-24-2000 Larry Eskwith, Attorney and the applicants husband, stated he is also a licensee in Eagle County. He related their policies are the same. The first thing said to a new employee is the most important thing about their job is that they card people ifthey look under 30. It is the most important thing about their job. He stated he does not know what else he can do to insure employees card and do not sell to minors. He stated everybody goes through the TIPS program. He spoke to an ID program the Sheriff s Office used to give that he believes is more beneficial than TIPS. He stated Ms. Eskwith is very involved with youth programs in the County. He stated they do not want minors to drink alcohol. It is a problem and it is a problem in this County. They do not want to add to that problem. He stated South Forty contributes to a lot of local charities. He stated he does not know why Mr. Brady failed to card this minor. He states as soon as the first or second store that is stung, there is a call that goes out to all other stores in that area. He stated the policy of the state concerning stings, is that a sting that occurred 10 years ago should not be taken into consideration. He stated these things happen no matter how hard you try to get it to stop. He asked for some mitigation on the penalty. Mr. Sands called Jeff Huff of the Eagle County Sheriffs Office to testify. Commissioner Phillips swore in Mr. Huff. Mr. Sands asked if Officer Huff was involved in the sting operation in which South Forty sold to a mmor. Officer Huff answered yes. Mr. Sands asked Officer Huff to describe the individual used in the sting and his appearance. Officer Huff stated the minor used is an Eagle County Sheriffs Officer and is approximately 6'4" and weighs approximately 230 to 250 pounds. He is a big kid. Officer Huff stated he was the officer in charge in listening to the conversation in these establishments. He related some establishments did ask for ID. He stated the only way to determine if a person is over or under 21 is to ask for ID. Mr. Sands referred to the telephone calls to other establishments to warn them of the sting operation. He asked if this store was the first or the last during the sting operation. Officer Huff stated somewhere in the middle. Mr. Sands asked if a number of establishments did not sell to this individual. Officer Huff answered yes. Commissioner Johnson asked about the number of stings that evening. Officer Huff stated approximately 18 and 9 of those were stung. Commissioner Johnson stated that is approximately 50%. Officer Huff stated that is correct. Commissioner Johnson asked about the number of establishments that were issued summons that were located within unincorporated Eagle County. Officer Huff stated South Forty was the only establishment in unincorporated Eagle County who sold to the minor and was issued a summons. Commissioner Johnson asked Mr. Brady ifhe got on the phone and called other liquor stores after he was stung. Mr. Brady answered yes, he called Edwards Liquors because he did not want it to happen to them. Commissioner Johnson asked ifMr. Brady was concerned the other store would not card the mmor. Mr. Brady stated he was looking out for his coworkers and boss. Mr. Sands stated he does recommend this establishment be suspended for a minimum of eight days, four served and four held in abeyance on condition there be no further liquor violations within the next year. He stated he does not doubt that Ms. Eskwith's policy is to not sell to minors. He does not doubt that it is her intent not to let employees sell to under aged persons. He certainly does not doubt that she is a good citizen and is very active in the community. But what is important is the deterrent factor. When there is a suspension and the sign is posted in the window, it is not only a deterrent to this 6 01-24-2000 particular licensee, but also to under aged persons who visit this establishment. It is also a deterrent to other liquor establishments. He stated it is very important for the message to go out that Eagle County treats the sale of alcohol to under aged persons very seriously and liquor establishments who do so will suffer the consequences. Commissioner Phillips stated she believes it is too bad that we have to be concerned with carding and making the determination on someone's age. She stated she believes a person under 21 should not even be going into those establishments. She asked if the days have to be served consecutively. Ms. Roach stated that is up to the Board. She stated this Board has in the past had consecutive days. Commissioner Johnson asked how many stores have had two or more violations. Ms. Roach stated three or four. Chairman Stone asked what action was taken on those establishments. Ms. Roach stated they have all been suspended for eight days, four served and four held in abeyance. The days served were consecutively. Commissioner Phillips stated she does have empathy with the employees. Commissioner Phillips moved to suspend the alcohol service at Lake Creek Liquors, Inc., dba/South Forty Liquors for a total of eight days, four days served and four days held in abeyance for a period of one year. The suspension shall commence on January 25th and continue each following Tuesday for four straight weeks. Notice of suspension shall be posted at the establishment and indicate the reason for suspension during the four week period. Commissioner Johnson stated he will not second the motion as he believes the Board needs to be consistent with past suspensions. Chairman Stone stated he will not second the motion. The motion died for lack of a second. Commissioner Johnson moved to suspend liquor service at Lake Creek Liquors, Inc., dba/South Forty Liquors for a period of eight days, four served and four held in abeyance for a period oftwo years. The suspension would commence January 25th and continue through January 28th, 2000. Notice of said suspension shall be posted at the establishment and indicate the reason for the suspension. Commissioner Phillips stated she would not second the motion as the period of abeyance has been doubled. Chairman Stone stated he also would not second the motion. Commissioner Johnson amended his motion to have the four days held in abeyance for a period of one year. Commissioner Phillips seconded the motion for discussion. In discussion, Commissioner Johnson stated he believes this action is an appropriate punishment as it is the same punishment for other establishments for a second offense. He stated he has seen one establishment corne in for a third offense and were issued a six month suspension, three served and three held in abeyance. He stated he believes since the County has become pro-active with liquor establishments, there have been fewer that have been caught. He stated it is difficult for the store owner and their employees. He stated because of the precedents set in the past he believes the Board needs to continue with those actions. Commissioner Phillips stated she does not have a problem with flexibility and recognizes that everything does not have to be done the same way every time. She stated there have not been many people suspended for four solid days. She stated the employees will not be making a wage for four days. She believes one day a week for a month is certainly punishment. Chairman Stone stated he appreciates how Ms. Eskwith feels about this personally and the fact she is taking it personally. However, this is not something about her personally. He suggested a compromise that perhaps the Board could suspend this applicant for two days this week and two days next week. He stated he is dismayed that 50% of the stores in the sting operation failed to comply with 7 01-24-2000 the law. He stated that is a huge number. Commissioner Johnson stated he would agree if the days were the 28th and 29th of January and the 5th and 6th of February. Chairman Stone asked is those were Fridays and Saturdays. Commissioner Johnson answered that was correct. Commissioner Phillips stated that would probably be more difficult than four straight days. She stated she will suggest another motion be made. Chairman Stone called for the question on the motion. Commissioners Phillips and Stone voting no and Commissioner Johnson voting aye. The motion was defeated. Commissioner Phillips moved to suspend the license for a total of eight days, four served and four held in abeyance for a one year period. The days served shall be Tuesday and Wednesday, January 25th and 26th, 2000 and Tuesday and Wednesday, February 2nd and 3rd, 2000. Notice of suspension shall be posted at the establishment. Commissioner Johnson stated he would not second the motion as he believes if you are going to suspend a license for when it has the least amount of effect, you might as well make it Sunday and Monday. Chairman Stone seconded the motion. Commissioners Phillips and Stone voting aye and Commissioner Johnson voting no. Chairman Stone stated he believes having four days out there covering two weeks may send a longer or stronger message for a longer period of time. He stated he would like to state for the record, there will be no more consideration if there is another violation for this applicant. Commissioner Johnson 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. Appeal, Building Board of Appeals Chairman Stone stated this matter was deleted. Renee Black, Asst. County Attorney, stated this matter was deleted as the applicants attorney was unable to be present. She stated they are also working on a settlement within the regulations. She stated it is possible this appeal may be withdrawn. Chairman Stone stated it is noted for the record this appeal was withdrawn at the Attorney's request. PDS-00015, Kodiak Park PUD Sketch Plan Paul Clarkson, Senior Planner, stated on the next item on the agenda, file number PDS-00015, Kodiak Park PUD Sketch Plan, the applicant is requesting this matter be tabled to February 7, 2000. Commissioner Johnson moved to table file number PDS-00015, Kodiak Park PUD Sketch Plan, at the applicants request to February 7, 2000. 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 January 31, 2 00. c2~ 'iJ?rc- Attest: Clerk to the Boar 8 01-24-2000