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Minutes 08/27/2002 PUBLIC HEARING AUGUST 27,2002 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator 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 Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved to adjourn into an Executive Session for the purpose of discussing the following: 1. For the purpose of receiving advice on specific legal issues relating to Liquor Board action. 2. For the purpose of providing direction on negotiations with Berry Creek and Edwards Metropolitan Districts for the provision of water at Berry Creek. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn from Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 9:15 a.m. Consent Agenda Chairman Gallagher stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of August 26, 2002, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meetings of July 30, 2002, August 5 and 6, 2002 C) Resolution 2002-110, conferring Power of Attorney upon Diane H. Mauriello, County Attorney, Bryan R. Treu, Assistant County Attorney and Bruce Strasinger, Paralegal, to act as Attorney in Fact for the County of Eagle, State of Colorado, with respect to Letter of Credit No. 9370315 LC#8, f/k1a 9860401, in the amount of$37,516.13, for the account of Cordillera Valley Club Investors Limited Partnership, drawn on 1stBank of Avon, expiring on August 30, 2002. D) Resolution 2002-111, conferring Power of Attorney upon Diane H. Mauriello, County Attorney, Bryan R. Treu, Assistant County Attorney and Bruce Strasinger, Paralegal, to act as Attorney in Fact for the County of Eagle, State of Colorado, with respect to Letter of Credit No. 937-0315 LC#lO, in the amount of $40,231.45, for the account of Cordillera Valley Club Investors Limited Partnership, drawn on lstBank of Avon, expiring on August 30, 2002. E) Resolution 2002-112, final release of collateral and termination of the warranty period for Cordillera, Filing 24, The Bearden Parcel F) Resolution 2002-113, final release of collateral and termination of the warranty period 1 08-27-2002 for Cordillera Filing 16 G) Resolution 2002-114, Order for Collection of certain uncollectible taxes H) Resolution 2002-115, adopting rules and procedures for arbitration and appointing arbitrators for appeals from decision of the 2002 Board of Equalization I) Agreement between the County of Eagle and the Colorado Department of Public Health and Environment for prenatal services J) Agreement between the County of Eagle and Valley Partnership for drug prevention K) Contract between the County of Eagle and Colorado West Mental Health L) Contract between the County of Eagle and Catholic Charities - Western Slope M) Contract between the County of Eagle and Roaring Fork Family Resource Center N) Contract between the County of Eagle and Aspen - Basalt Health Care Clinic 0) Contract between the County of Eagle and Mountain Valley Developmental Services P) Contract between the County of Eagle and The Resource Center of Eagle County Q) Contract between the County of Eagle and Northwest Colorado Legal Service Project R) Contract between the County of Eagle and Youth Zone S) Contract between the County of Eagle and Family Visitor Program T) Contract between the County of Eagle and Vail Valley Salvation Army Unit U) Contract between the County of Eagle and Eagle Care Medical Program V) Contract between Eagle County and the Colorado Department of Public Health and Environment for 2002 - 2003, Women, Infant and Children Nutrition Program: 03-00363 W) Resolution 2002-116, authorizing Raymond P. Merry, Environmental Health Director, to sign a grant application for submission to the USEP A to continue a Groundwater Sensitivity and Vulnerability Assessment ofthe Eagle River Watershed X) State Abstract of Assessment. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there are no changes to be made by their office. Commissioner Menconi moved to approve the Consent Agenda items A through X as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Coordinated Election Intergovernmental Agreement Sara J. Fisher, Clerk & Recorder, presented the Coordinated Election Intergovernmental Agreement for conduct of the November 5,2002 General Election. She stated there will be five initiatives and five referendums on the ballot for the State, and there are three Towns and approximately 6 Special Districts who have indicated a desire to participate at the November election. Commissioner Stone moved to approve the Coordinated Election Intergovernmental Agreement for conduct of the November 5, 2002 General Election as presented. The Chairman shall be authorized to sign said agreements as submitted to the Clerk and Recorder. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-117, Appointment of County Attorney Chairman Gallagher stated the next matter on the agenda was Resolution 2002-117, appointment of Diane Mauriello as Eagle County Attorney. Commissioner Menconi moved to approve Resolution 2002-117, appointing Diane Mauriello as Eagle County Attorney. Commissioner Stone seconded the motion. The vote was declared unanimous. 2 08-27-2002 Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00303. Bachelor Gulch Villa~e Resort and Spa Condominiums. Lot D-2. Bachelor Gulch Village. Filing 3. He stated this was a Type B Minor Subdivision, creating a Final Plat and Condominium Map for 23 residential condominium units, 7 commercial condominium units, 3 hotel condominium units, and related common elements. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) ofthe 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. 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 Stone moved to approve final plat file number 5MB-00303, Bachelor Gulch Village Resort and Spa Condominiums, Lot D-2, Bachelor Gulch Village, Filing 3, incorporating staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-118, to Deny a Variance from the Improvement Standards Established in Section 4-620.J of the Eagle County Land Use Regulations for the Castle Ridge Subdivision (Eagle County File No. VIS-0014). The Board considered the Applicant's request on July 9th, 2002. Commissioner Menconi moved to approve Resolution 2002-118, to Deny a Variance from the Improvement Standards Established in Section 4-620.1 ofthe Eagle County Land Use Regulations for the Castle Ridge Subdivision (Eagle County File No. VIS-0014). Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2002-119. to Approve a Variance from the Improvement Standards Established in Section 4-620.J ofthe Ea~le County Land Use Regulations for the Vagneur Subdivision (Ea~le County File No. VIS-0016). The Board considered the Applicant's request on July 9t\ 2002. Commissioner Stone moved to approve Resolution 2002-119, to Approve a Variance from the Improvement Standards Established in Section 4-620.1 ofthe Eagle County Land Use Regulations for the Vagneur Subdivision (Eagle County File No. VIS-0016). Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-120, Supporting Crown Mountain Recreation District Diane Mauriello presented Resolution 2002-120 Joint Resolution supporting the organization of the Crown Mountain Recreation District. She stated she has contacted all other entities and no one has expressed concern with the proposed Resolution. Commissioner Stone read the Resolution for the record as follows: "Whereas, the Board of County Commissioners for Eagle County, Colorado ("Eagle 3 08-27-2002 County"); Board of County Commissioners of Pitkin County, Colorado ("Pitkin County"); and the Town of Basalt, Colorado ("Town of Basalt") acknowledge that the formation of special districts serve a public use and promote the health, safety, prosperity, security, and general welfare of the inhabitants of such districts; Whereas, the undersigned believe that the formation of a parks and recreation district to finance, construct, and manage recreation and park facilities at the Mt. Sopris Tree Farm property will help accomplish the abovementioned goals; and Whereas, the undersigned believe that inhabitants of the proposed boundaries of the Crown Mountain Park and Recreation District will benefit from the creation of said District; and Whereas, the question regarding formation of the Crown Mountain Park and Recreation District will be submitted to the eligible electors on November 5, 2002; and Whereas, the undersigned wish to join in support of the proposed organization of Crown Mountain Park and Recreation District. Now, therefore, be it resolved by Eagle County, Pitkin County, and the Town of Basalt, by and through their governing bodies: That, Eagle County, Pitkin County, and the Town of Basalt hereby support and encourage eligible voters to support the organization of the Crown Mountain Park and Recreation District on this year's election. Moved, Read and Adopted by the undersigned on the dates set forth hereunder." Commissioner Stone moved to approve Resolution 2002-120, A Joint Resolution supporting the organization of the Crown Mountain Recreation District. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. State Bridge Lodge Earlene Roach presented a renewal of a tavern license for State Bridge Lodge Corporation, d/b/a State Bridge Lodge. The reason the applicant has come before the Board is due to the death of John Ambrose on June 3, 2002. Mr. Ambrose was 23. Mr. Ambrose and his girlfriend Kim Hiler were at this establishment on June 2, 2002 having a few drinks. Somewhere between midnight and 12:30 a.m. Mr. Ambrose got in his vehicle and headed home. Ms. Hiler decided to stay and party with friends. On the way back to Wolcott along Highway 131, Mr. Ambrose lost control of his vehicle. She stated she contacted the State Liquor Enforcement Officer, Brian Turner, for some assistance on interviewing all those involved. Ms. Hiler was interviewed by the State Liquor Enforcement Officers and indicated she had not noticed Mr. Ambrose being or acting intoxicated. She also indicated that she believes he left the establishment around midnight. The State Liquor Enforcement Officers went to the establishment and tried to find bar tabs or tickets for Mr. Ambrose. He spoke to two or three staff members but no one could remember him. Mr. Turner did have a picture of Mr. Ambrose with him at the time. They also did not know which table he was at nor how much he had to drink. On the report by the State Patrol, they estimate the time of the accident at about 1: 15 a.m. The County Coroner believes the time of death to be closer to 12:30 a.m. There were beer cans at the scene (approximately 4) which were un-opened. Mr. Ambrose's BAC was .320. She related she checked with Bond Liquor, Fireside Lodge and Rancho Del Rio. Bond Liquor of course is not open on Sunday's, Fireside Lodge closes at about 9:00 p.m. to 10:00 p.m. on Sunday's, and Rancho Del Rio Liquors is not open. The grocery store with 3.2% Beer closes at around 7:00 p.m. Mr. Ambrose could not have visited those establishments after leaving State Bridge. He could have had a stash in his car and frequented that throughout the night. However, if 4 08-27-2002 State Bridge served Mr. Ambrose after that they would be the responsible party. At the time of death, the body does not continue to metastasize the alcohol from the system and the BAC remains as it was at the time of death. In order for Mr. Ambrose to have a BAC that high he would have had to consume a large amount of alcohol. According to the traffic report from the State Patrol, Mr. Ambrose traveled out of control for approximately 455 feet and was air born for approximately 182 feet. Staff must also note there were two other accidents reported around the same time frame. One was a motorcycle accident involving William Post, an attorney up valley, the other was a single vehicle accident. Both accidents had been people at State Bridge. There are no BAC's available for either ofthem. Mr. Post's accident was June 9th and the other one was the same night as Mr. Ambrose's. Included in the Board's packets is information on a telephone call she received from a neighbor in the State Bridge area. Staff is concerned, as always, with possible over service. There were three accidents within a week, one resulting in a death, one that will end up okay and the other one we do not have much information on. She stated she is also concerned that to the State Liquor Enforcement Officer no one remembered Mr. Ambrose, nor where he sat or how much he had to drink. When Mr. Feldman got involved, they not only remember Mr. Ambrose but found a ticket they knew was his and wrote his name on it. They also indicate he left at around 10:00 p.m. On July 26, 2002 Ms. Roach received a call from a resident in the Bond area. He would not reveal his name as he indicated they are a small community and everyone knows everyone. He also visits State Bridge periodically. He stated he had read the article in the newspaper concerning the death of John Ambrose. This gentleman stated he and other neighbors have watched State Bridge for several years. He stated there is constant over service at the establishment. He related he has personally seen the employees at State Bridge carry and/or help patrons to their vehicles as they cannot make it on their own. He related he and other neighbors have spoken with the Sheriff on several occasions relating they need to be in unmarked cars outside at the end of the evening to watch these things happen. He stated nothing has been done. He did not understand this. He stated over service at this establishment is constant. He also related a conversation he overheard with the security hired for State Bridge, specifically Tony Mamola, who works security at State Bridge, speaking of a meeting the owners, employees and security had with Mr. Feldman. Mr. Mamola related they had all been told what to say, what not to say and who not to say it to. He had related their statements were well rehearsed. The only evidence before the Board is circumstantial. It would be difficult to not renew this license. If renewed, there could be conditions placed on the renewal concerning no more incidents. If the Board chooses to not renew the license it will be based solely on circumstantial evidence. You do have that option but the applicant has the right to appeal to the Courts and could possibly win that appeal. Allen Feldman, attorney for State Bridge Lodge, stated a tragic event happened with the death of John Ambrose. He stated he has talked with his clients and they with their staff. He stated they believe that Mr. Ambrose left the location at approximately 10:00 p.m. He stated it was a slow night, the waitress that served him didn't remember anything out of the ordinary. He stated his clients want to address as much as possible the issues of over service. He questioned that a neighbor would call suggesting that they would assist an over served individual into the car. He stated that is unthinkable. He stated they have not heard anything about any neighbor complaining. He sated they do everything possible to prevent over service and they really are trying. He stated his clients will stipulate to any kind of training such as an advanced TIPS class to help them in the future. He spoke to their revised policies. He stated the place is up for sale and under contract. He spoke to the document created by the Parks for the new buyer. He stated it is a very transient crowd. They have a doorman and train their staff as hard as they can. They would like to do everything necessary to avoid a similar situation. Chairman Gallagher asked how many employees are TIPS trained. 5 08-27-2002 Michael Parks, owner, stated everyone who deals with customers with the exception of kitchen staff is TIPS trained. Chairman Gallagher asked what the occupancy load of the establishment is. Mr. Parks stated approximately 300. Chairman Gallagher asked how many people are working when it is a full house. Mr. Parks stated around 20. Chairman Gallagher suggested there are then about 3 people in contact with the customers at the tables. Mr. Parks stated anyone seated at a table is helped by a server. He stated they have approximately 75 seats at tables. Chairman Gallagher asked if they have a liquor management plan or if that is what they are calling the policies. Mr. Parks stated that is what they use. Ms. Parks handed copies to the Board. Chairman Gallagher suggested this falls far short of an adequate liquor management plan. He stated if this license is renewed he advised the applicant to get with staff and come up with a liquor management plan. He stated he would like that to be a condition if approved. Commissioner Menconi questioned this being a relatively slow night. He stated this was June 2, a Sunday night and the deceased had a concert bracelet. Mr. Feldman stated it was a Sunday but a pretty slow night. Mr. Parks stated they had about 108 people according to the doorman's clicker and went from 5:00 p.m. to 9:30 p.m. Commissioner Menconi spoke to an article in the Board's packet regarding Bill Post's accident. He stated he is curious to know why this is in the packet. Ms. Roach stated Bill Post was also at State Bridge. She stated there was also another accident the same night as Mr. Ambrose. Commissioner Menconi stated he did not feel it was necessary to include the information on the others in the file. Commissioner Stone spoke to Champions and asked ifhe recalls the State Liquor Board having the capability of conducting proceedings of their own. He asked if they will pursue this avenue with State Bridge. Ms. Roach stated they will not. They did an investigation, but did not come up with enough information to warrant a hearing. Commissioner Stone asked about their season. Mr. Parks stated they are under contract with the new owner taking over as of September 19, 2002. He stated after Labor Day they will be closed for Sunday and Monday over Labor Day weekend and will then cut down service until the new owner takes over. Commissioner Stone stated he is asking because he is concerned ifthey do not renew the license how much that will impact their business. Bobbi Parks, co-owner, stated they do have two additional concerts scheduled and in the sales contract it is contingent on them having a liquor license in effect. Commissioner Stone suggested this is somewhat similar to Champions. He asked about the process of securing a new license compared to a transfer of ownership. Ms. Roach stated with a transfer of ownership the new owner can get a temporary license. With a new license they would not and must wait for approximately two months before he could serve alcohol. Commissioner Stone suggested being closed for alcohol will certainly impact business. Mr. Feldman reminded the Board it has been a tough year. He stated the impact would be personally financially devastating for Mr. and Mrs. Parks who have been struggling. He stated they have a motivated buyer and the loss oflicense could have significant results. 6 08-27-2002 Commissioner Gallagher asked to speak to the potential new owner. Commissioner Menconi asked who else was in the car with him. Ms. Roach stated Kim Hiler decided to stay at State Bridge and did not ride home with Mr. Ambrose. He was in the car alone. Commissioner Menconi asked about Ms. Hiler's statements to police or State Enforcement Officer. Ms. Roach stated Ms. Hiler stated she remembered Mr. Ambrose leaving about midnight, that he did not appear intoxicated. Commissioner Menconi asked what .32 means. Ms. Roach explained that means he had to have drank a very large amount of alcohol. Mr. Feldman stated they provided a copy of Mr. Ambrose's bill and he recalls it being 5 to 6 drinks over a 6 hour period. Commissioner Gallagher stated one of his concerns is that prior to the attorney becoming involved the staff of the establishment had no idea who Mr. Ambrose was, how much he had to drink, etc. Commissioner Gallagher asked the new owner to identify himself. Greg Conway, introduced himself. Commissioner Gallagher asked what the potential is for him buying State Bridge. Mr. Conway stated about 90%. Commissioner Gallagher asked about Mr. Conway's experience with alcohol service in Colorado. Mr. Conway stated he does not have experience in Colorado. He has restaurant management experience in New York. He explained that he has done a great deal of research and has tried to reflect those thoughts in this plan. He spoke to improving parking and the lodging capacity. He stated it is a good business move. Chairman Gallagher stated a liquor license management plan relates how an individual plans to run a liquor establishment in Eagle County. Commissioner Menconi stated the liquor policy is dated August 14. He asked if this was just recently developed? Mr. Conway stated it was. Ms. Parks spoke to the TIPS certification of all of the employees and this summer they have had every employee TIPS certified. Ms. Roach stated at the time they received their license, the County did not require alcohol management plans. Commissioner Stone asked what kind of conditions in terms of time frames do they have for conditional approval. He stated if they put conditions on the current owners to get them through the season and the sale date, then the new owner needs to come in and show why the Board should approve the transfer of ownership. He asked if they can give a conditioned approval for less than a period of time. Ms. Roach stated renewals are for a year period oftime. Commissioner Stone asked if they can ask the license holder to come in after two months or so to see how things are going. Ms. Roach answered yes. Commissioner Menconi asked if it is possible to table the renewal until the new owner takes over. Ms. Roach stated she is recommending they approve the renewal. She stated she does not believe they have the evidence necessary to deny the renewal. Commissioner Stone stated his suggestion would be they move to approve but place conditions on that renewal. 7 08-27-2002 Commissioner Stone asked about the current security. Mr. Parks stated for every show they have at least four security guards. Chairman Gallagher asked how many exits there are. Mr. Parks stated two. He explained they are ID'd at one gate and must pay the entrance fee and be ID' d at the other gate. Commissioner Stone spoke to the TIPS training and operating in accordance with the Colorado Liquor Code. He stated number 6 is a restriction about consumption of alcohol by staff while on duty. He stated he thinks the State Bridge Lodge is in a difficult situation as they are miles from town and not an establishment where somebody walks home. He would like to stipulate that they have a security person who checks people out before they get on Highway 131. He suggested if they station somebody for the time being next to Highway 131, Mr. Ambrose might be with them today. He stated his thinking is that it would allow them to still stay in business. He stated just on the chance the real estate transaction does not close that these people would be required to return in two months. He suggested to the new owner that the submitted alcohol plan doesn't say a whole lot. He spoke to items 3 and 4 and the swap of land with BLM. He stated that can take years. He suggested again having someone posted before drivers get on Highway 131. Chairman Gallagher suggested a modification and that as people are leaving the liquor license establishment that they be checked to ascertain ifthey are capable of driving or that they have a designated driver. Commissioner Stone suggested the problem is proving that Mr. Ambrose didn't have anything to drink after he left. He stated he would like to come up with the best assurance he can. Commissioner Gallagher recommended that within two weeks of today they provide Ms. Roach with a Liquor License Management Plan. He would like those items to be addressed. Commissioner Stone asked the date of the proposed sale. Commissioner Stone moved to approve the renewal of the tavern licenses for State Bridge Lodge with the following conditions: I) Within two weeks of today that an Alcohol Management Plan be submitted to address security personnel monitoring both entering and leaving the establishment. 2) The applicant shall be required to have an appropriately trained individual to make the most assurance possible to determine if a patron has been over served and is not safe to drive. The plan will also include alternatives which may include contacting the Sheriff's Office. 3) The current applicant return for a further hearing on or after October 1, 2002 to see if any additional conditions are necessary at that time. Commissioner Menconi seconded the motion. Brian Treu, Deputy County Attorney, asked if the applicant understands the conditions of approval. Mr. Feldman stated he has worked with Ms. Roach before and believes that they can in fact do everything requested. He stated his clients do agree to come back before the Board if the establishment is not sold. He stated his clients want to work with Eagle County. Michael Cacioppo, County resident, stated he has been a customer at State Bridge in the past and it seems to him that this condition may not work. Are they putting people at the door or at Highway 131. Chairman Gallagher stated they are putting people at the door. Michael Cacioppo asked if they are saying that these people who have private employees are going to be able to determine whether an individual will be allowed to leave. Commissioner Gallagher stated the liquor management plan will set forth what they are going to do. He stated there may be a constitutional right problem with that issue. Allen Feldman stated Mr. Cacioppo does raise a constitutional issue. He stated the person at the door will do their very best to discourage anyone from driving who is not capable. They will offer discounts on hotel rooms, sleeping bags, camp sites, etc. He stated there will be no Fourth Amendment 8 08-27-2002 issues. He spoke to significant constitutional issues. Mr. Cacioppo suggested for the last 30 years there have been 3 to 4 deaths. He stated there is nothing they can do to prevent someone who willingly drinks too much and driving if they want to. He stated he is concerned that this Board would be making a decision that is more along the lines of prohibition. He stated if society doesn't want any more drunk driving deaths, society will eliminate the use of alcohol. Commissioner Stone suggested Mr. Feldman understands the motion. It is part ofthe Colorado Liquor Code that states the applicant is required to not over serve anyone. Mr. Cacioppo stated you can not always tell. Commissioner Stone stated he is trying to use his best judgement to save peoples lives. Chairman Gallagher stated it is this Board's desire that the person at the door never have the opportunity to stop anyone. This is not a substitution for being prudent in the service of alcohol. Chairman Gallagher called for the question. The vote was declared unanimous. Rancho Viejo Restaurante and Bar Earlene Roach, Liquor Inspector, presented a renewal of a hotel and restaurant license for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante and Bar. She stated this is the first renewal for this applicant. He has owned the establishment for one year. The reason this applicant is coming before the Board is the number of complaints and disturbances reported in a one year period. There are eleven(ll) and they are as follows: 1 report concerning drugs 5 reports of possible over service 2 reports for underaged drinking 1 report of noise and parking complaint 2 reports disorderly / noise complaints Ms. Roach stated eleven complaints or disturbances in any year is too many. She stated she has spoken with the applicant on three separate occasions and tried to give him ideas on how to control his establishment, i.e minors, staffing, too many customers at one time, not allowing others to hang out in the parking lot, etc. The problems continue. She stated she spoke with Deputies from the Sheriffs Office who reported this establishment is a problem and there needs to be some changes. There is continuing investigations being conducted into this establishment by both the Sheriffs Office and the State Liquor Enforcement Officers. She related she continues to receive complaints from residents and other business owners in the area. Ms. Roach stated she believes the Board has enough information concerning the character of the applicant and the establishment to not renew the license. However, the Board could also renew the license with conditions there be no more disturbances and the establishment is cleaned up. Dan Wolf, an attorney from Vail, representing Hugo Parra, a partner in Rancho Viejo stated they arem Chairman Gallagher asked about the next liquor hearing and questioned if the Board could postpone it until later in the afternoon. Commissioner Stone suggested taking public comment then hearing the remainder of the file in the afternoon. The Board concurred. Dan Wolf, Attorney representing the applicant, introduced Hugo Parra, applicant, related they had no problem with the public comments being taken first. Christine Script, Sleifer Management Company, stated she has a major problem with the parking situation at Rancho Viejo. She stated the overflow goes into Riverwalk Village at Edwards. She spoke to the signs that she has provided in Spanish. She stated their private parking is being inundated with 9 08-27-2002 vehicles of those going to Rancho Viejo. She spoke to disturbances after the bar closes down. She spoke to disturbance of the peace, public urination, and noise issues. She stated security does become an issue when you have people that have been drinking and loitering in large groups. Debbie Chrisner, owns a retail business in Riverwalk. She spoke to the fact that there are businesses that are afraid to be here today because of possible retaliation. She stated it is freighting when you close late and there are large groups of people who have been drinking. Chairman Gallagher asked if there is a reason there could be retaliation. Ms. Chrisner stated she does not know. She related she does not feel that way but had two other businesses call and relate to her they were afraid of retaliation and would not attend the hearing. Carol Williams, resident of Riverwalk, stated they have had a lot of disturbances after hours and through the night. She spoke to the doorbell being rung from 11 :30 p.m. to 2:00 a.m. She stated it is more frequent and it is something they have never had before. She stated they need more security and they at Riverwalk should not have to bear the cost. She suggested the owner of Rancho Viejo should pay for added security. Commissioner Menconi asked how they are making the connection with what happens at Riverwalk compared to Rancho Viejo. Ms. Williams stated it coinsides with the nights they are having dances at Rancho Viejo. Basically their security company has reported it is those people. Megan E. Hammer, owner at Riverwalk, stated she would like to present a list of individuals who have signed a request wishing this establishment would be denied a renewal. She stated there is a lot of loud music, fights in the parking lot, and individuals gaining access to the roof on her building and continuing the party there. She is concerned someone will fall off and the tenants will get sued. Chris Schuck, president of Eagle Access Security Company, stated his company provided security for Riverwalk and for a brief period oftime for the landlord of the building where Rancho Viejo is located. He explained they provide security all over the state, Arizona, etc. He stated they also provide security for approximately 185 alcohol events per year plus has worked for the Hyatt, Marriott, Vail Cascade, etc. He stated he also works for a number of municipalities from Breckenridge to Steamboat, Grand Junction to Vail. Mr. Schuck stated they have worked with the FBI, a number of police forces, secret service, etc. He stated he is here today as he was asked by a number of residents to attend and give his comments at this hearing. He stated he has not testified before in an alcohol proceeding. He stated they were hired by Hans Oberlohr to police the parking lot. He stated he personally was working the area on several occasions. He stated Mr. Para indicated to him that he did not like their style, they were prejudice, etc. He stated he witnessed drinking in the parking lot, front and rear, he has seen beer and alcohol go out the back door in cases and he suspects it is being sold that way. In Mr. Parra's lease, he has 18 parking spaces included. He stated other businesses were becoming involved in altercations with the patrons of Rancho Viejo due to vehicles being parked in the way. Parking began to spill over into the Riverwalk area. They have accurate counts of 60 to 80 cars that are not associated with the Riverwalk property. He stated they have some problems with this because of open sex in cars, condominiums left trashed, tires slashed. He stated he does have security personnel who are scared to work that area. He stated he is a third degree black belt and he has concerns. Mr. Schuck stated he has had over 15 years in law enforcement in many different areas. He stated it appears that Eagle County has become a stop over to L.A. gang members and he has seen them himself. He stated the noise associated with this establishment is incredible. The first two weekends they concentrated on getting the patrons from the bar out of the parking lot. They have seen fights and have broken up fights inside and outside. The Sheriff s Office has done the best job they can. He stated he cannot testify that he has seen minors drink in that bar, however he has seen minors sitting at tables with drinks in front of them. He stated he is speaking of minors 16 years of age. He stated this is not a safe environment. It is another Champions waiting to happen. The traffic hazard posed by the cruising is amazing. He stated they have counted over 200 cars that passed through the parking lot looking for 10 08-27-2002 things to do. About every fourth or fifth car contained open containers. Over servicing is ramped in this establishment. He has seen people coming from the bar with their feet dragging behind them, being carried by their friends. Did they drive? It was impossible. He stated Mr. Parra is a good actor and will promise you the world but does not carry things out. He stated this is not something new. He stated he has made numerous suggestions, all of which have fallen by the way side. It is frustrating to see what goes on there. He stated no one wants to put up with fights and brawls, loud noise. They do not want to wake up to the trash and slashed tires. He stated he is not giving you anything that is not provided He stated several owners have begged him to not relay their names due to possible repercussions. He urged the Board to deny the renewal as this establish is not only a detriment to the Hispanic community but also to all of Eagle County. He stated the Board must provide a safe environment for its citizens and this is not a safe environment. Chairman Gallagher asked about the incident he spoke of in the hallway. Mr. Schuck apologized as it was not Mr. Para who made the comment in the hall. Commissioner Menconi asked about Mr. Schuck's business and the Sheriffs Office being hired and terminated by Mr. Parra. Mr. Schuck stated off duty Sheriff s Deputies were originally hired to patrol the problems in the parking lot. They were dismissed. Commissioner Menconi asked who hired them. Mr. Schuck answered they worked for the establishment. Commissioner Menconi asked if Mr. Schuck ifhe had incidents in which he worked with the Sheriff s Office on any incidents. Mr. Schuck stated on several occasions. He stated there was a brawl with five or six patrons, including young women. They have called them for disorderly's in the parking lot. Commissioner Menconi asked if there were arrests made. Mr. Schuck stated most ofthe time there were not. They were able to get the patrons under control and get them rides home. Michael Cacioppo stated unfortunately there are a lot of unhappy people. Most of that unhappiness is caused by the noise factor. He lives within 12 mile of this establishment and he has not heard the noise because there is a hill that blocks the noise. He understands line of sight with noise, he can imagine what it is like for them to have the direct line of site with the noise. It is no different from the noise factor from trucks coming in and out of Homestead at 11 :00 p.m. It is no different than the noise coming from what was to be open space at Berry Creek 5th. They are fed up with all ofthe noise factors and it makes people sorry that they bought their residence where they did. Mr. Schuck stated people can become accustomed to some noise. He stated the noise coming from this establishment is from loud music, cruising cars, beer cans and bottles being thrown and foul language. He stated none of these people are disgruntled with purchasing in Riverwalk but rather want the businesses that are causing a problem to change. Mr. Cacioppo stated he thought they were agreeing. It's not that they don't like Riverwalk but rather the decisions in making the nice place where they live inhabitable. He stated he loved where he lived prior to the noise factors. Chairman Gallagher closed public comment. He stated they will continue this hearing following the next item. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. 11 08-27-2002 Abatements Chairman Gallagher asked if there was anyone present for the abatements. There was no one. He asked the Attorney's Office if they could do the abatements in a Consent Agenda fashion. Brian Treu stated they can and the abatements for approval are as follows: Continental West Construction, Inc. and James Sheaffer, schedule number P024868. Jennifer Hawkins Smetek, schedule number R043297. Evercom Systems, schedule number C098165. East Esposition LLC and Diane Smethills, schedule number R042744. Commissioner Stone moved to approve the abatements as recommended by the Assessor, schedule numbers P024868, Continental West Construction, Inc., and James Sheaffer, R043297, Jennifer Hawkins Smetek, C098165, Evercom Systems and R042744, East Esposition LLC and Diane Smethills. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Treu stated the abatements for denial are as follows: Steven Duggins, schedule number R006200. Kokes and Company, schedule numbers R045097 and R045098. Commissioner Menconi moved to deny the petitions for abatement as recommended by the Assessor for schedule numbers R006200, Steven Duggins and R045097 and R045098, Kokes and Company. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Rancho Viejo Restaurante & Bar (con't) Earlene Roach stated this is a renewal of a hotel & restaurant license. This is the first renewal for this applicant. He has owned the establishment for one year. The reason this applicant is coming before the Board is the number of complaints and disturbances reported in a one year period. There are eleven(11) and there are as follows: 1 report concerning drugs 5 reports of possible over service 2 reports for underaged drinking 1 report of noise and parking complaint 2 reports disorderly / noise complaints The renewal standards are as follows: C.R.S. 12-47-302 provided that the local license authority may conduct a hearing after proper notice to determine if an application for renewal should be granted. The legislature has given this Board wide discretion to make such a determination based on the facts and circumstances of each particular case. This Board may reject a renewal application for "good cause" which is defined as: a) licensee's violation or failure to comply with the rules and regulations set forth in the Colorado Liquor Code; b) licensee's failure to comply with special terms or conditions that were placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; and c) evidence that the licensed premises have been operated in a manner that adversely 12 08-27-2002 affects the public health, welfare or safety of the immediate neighborhood in which the establishment is located, which evidence must include a continuing pattern of fights, violent activity or disorderly conduct. Ms. Roach stated eleven complaints or disturbances in any year is too many. She related she has spoken with the applicant on three separate occasions and tried to give him ideas on how to control his establishment, i.e minors, staffing, too many customers at one time, not allowing others to hang out in the parking lot, etc. Apparently that has not worked. She stated after speaking with Deputies from the Sheriff s Office she related to Mr. Parra that things were not going well and he needed to make some changes. The Sheriff s Office reported this establishment is a problem. There is continuing investigations being conducted into this establishment by both the Sheriffs Office and the State Liquor Enforcement Officers. She related the residents of the area and other business owners in Riverwalk and above the establishment seem to have a problem with this establishment. Staff recommendation is that there is competent evidence of a continuing pattern of fights, violent activity and disorderly conduct at this establishment. This Board has good cause to find that the premises have been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood and deny the renewal. Staff recommends denial of this application. Alternately, staff recommends that any renewal be conditioned upon a reduction in disturbances through appropriate measures which may include adequate staffing, more security (i.e. hiring of off duty commissioned law enforcement officers), etc. Staff recommends that the Board review this matter in six months to determine if the issues associated with this license have been adequately addressed. If the problems have not been eliminated, staff recommends that this Board hold a show cause hearing at that time. Dan Wolf, representing the applicant, stated this is an establishment that is open seven days a week. The incidents mentioned are limited to the nights when they have dances. He suggested it would be premature after only one year of operation not to renew the license. He suggested that the limited nature ofthe problem is primarily the involvement with Riverwalk. He spoke to other tenants in the building where Rancho Viejo is located that have not complained. He stated they have discontinued the bands on Friday and Saturday nights. They now have a D.J. and the noise has been reduced. He stated staff has been TIPS trained and they are trying to enforce that training. This is a working class bar which is not necessarily in a working class neighborhood. He stated as far as security goes, Rancho Viejo originally employed personnel from the Sheriffs Office to provide security. He stated they don't know why they have decided to not continue to provide service. He stated Mr. Schuck was then hired and Mr. Parra was not happy with Mr. Schuck and his company and let him go. He stated they now have a new security firm who has been there for the last three months. As far as parking goes, Rancho Viejo is not directing people to park at Riverwalk. They are willing to go the next step which is to station security personnel at Riverwalk where they can or can't park. He stated Mr. Parra has contacted the Sheriffs Office who have indicated parking is allowed along Highway 6. He stated as for underage service, this is a restaurantlbar with the large majority of their business being restaurant. He stated they have three security people, one who is always stationed in the parking lot. There are two at the door who card people. At closing time they are stationing two people in the parking lot to assist with outgoing traffic. He stated Mr. Schuck has a history here and was fired by Rancho Viejo. He stated one of the reasons he was terminated is that he was requesting to be paid in cash. Mr. Parra has lived in the County for seventeen years, he has a wife and family who live here. The fact of the matter is that beside this being a working class establishment, it is a Hispanic establishment. He stated there has never been an allegation of over capacity. They are asking that they be allowed to continue to make progress and they will continue to make improvements. They are requesting the application for renewal be approved. Chairman Gallagher asked ifMr. Wolfis making an allegation that this Board is prejudice. Mr. Wolf stated he is not. Chairman Gallagher spoke to this being a working class bar and finds it objectionable that if 13 08-27-2002 someone is a worker they should be served more alcohol. Mr. Wolf stated he was attempting to point out that there is some incongruity between Rancho Viejo and the neighborhood. Chairman Gallagher asked how many meals they sell between 10:00 and 2:00 a.m. Mr. Parra stated they stop serving at 10:00 p.m. Chairman Gallagher suggested that for four hours during those time frames the applicant was not serving food. Commissioner Stone asked where they would suggest the patrons park. Mr. Wolf stated they are working with the landlord to increase parking within the lot. He stated Mr. Parra has talked with the Sheriff s Office as well who have indicated that parking is permissible on Highway 6. Commissioner Stone read from the Statutes about the allowance of parking on a maintained portion of Highway 6. He asked how many years is enough time for the applicant to gain control of his premlses.. Mr. Wolf suggested that two years would be reasonable. Commissioner Stone asked why not three years. Mr. Wolf suggested in having unique knowledge of this client, there is somewhat ofa learning curve but there should be the ability to show improvement during the second year. Commissioner Stone explained that the location of this particular establishment has a history. He stated that when Mr. Parra came in to obtain a liquor license there were a number of public who reside in this building who testified they did not want a liquor license issued to this location. The applicant, Mr. Parra, gave many assurances that the previous history of the establishment would not effect the new application. He is very disappointed that Mr. Parra has not been able to control the establishment. He thinks this establishment deprives the people in this neighborhood oftheir basic right to quiet enjoyment of their properties. He stated that just because of the absence of those who reside or have a business in the same building, does not mean they do not have a problem with this establishment. He spoke to the previous file and having worked hard at adding safeguards to control this situation. He stated they are having the very same conversations they had a year ago. These are the very problems that they tried to prevent in the first place. Mr. Wolf stated fairly or unfairly, Rancho Viejo has inherited some of Champions business. Commissioner Stone stated Mr. Parra has created his own demise. They were given assurances at the time the license was issued and they have not come through. He stated the Board of County Commissioners have an obligation by law to ensure that a facility be operated in a manner that does not negatively effect the health, safety and welfare ofthe immediate neighborhood. He suggested had they not had this conversation a year ago, he might be more tolerant. Mr. Wolf suggested there are tools and solutions available to this body short of non-renewal, that they can require of this establishment. Commissioner Menconi spoke to the eleven complaints and disturbances and who makes the complaints. Ms. Roach stated they come from the Sheriff s Office. Commissioner Menconi asked how he can distinguish between those that ended in a conviction. Ms. Roach stated it is listed on the report. Most will identify if the accused were sighted. Commissioner Menconi asked why there are no personnel here from the Sheriffs office. Ms. Roach stated those who are were involved with this establishment are out of town. Commissioner Menconi asked if Ms. Roach can summarize some of the comments made by the law enforcement personnel. Ms. Roach explained they believe this establishment is a problem. She stated some ofthose Officers have related to her they do not feel comfortable going into the establishment. She stated according to the Sheriffs Officers who used to provide security, they do not know why they were let go. 14 08-27-2002 Dianne Mauriello, County Attorney, stated there was a court summons in each of the incidents. Commissioner Menconi stated he was a member of this Board when this application was approved. He recalled that Mr. Parra testified that he was aware and understood the history he was buying with this establishment and he assured the Board that he would act accordingly. He suggested if he had purchased a business that just lost its primary income by the misuse of the sale of alcohol he would have been very careful. Mr. Wolf stated he does think it is unfair to raise the bar of an establishment based on the predecessor. Commissioner Menconi stated they aren't trying to raise the bar. He questioned if it is safe to say that all the liquor licenses do not have this many complaints. Mr. Wolf stated there is a very different clientele who frequent Rancho Viejo versus Champions and the other establishments. Commissioner Menconi asked if it is then more difficult for a proprietor to enforce the liquor license. Mr. Wolf stated Mr. Parra didn't buy into this establishment knowing the history of Champions and having no intention of changing the place. Mr. Parra stated most of the problems are coming from Riverwalk and he thinks they are coming from Mr. Schuck. He stated this is his first business and he is learning a lot. He comes from Mexico. He stated the Sheriffs Department also wanted him to pay in cash and that was the case with Mr. Schuck. He suggested they were not treating people well. He stated the new company is much better and they are doing a better job. He stated he hears comments that people are jealous with him having his business. He spoke to Pepper's Restaurant and them having discos on Friday and Saturday. He suggested they had more problems than he does. Most of the issues are coming from Mr. Schuck because he does not want this business to continue. He stated they are trying to do better and better and he is learning a lot. He stated he works almost 20 hours a day there trying to control everything is difficult. He stated underage people are not allowed to drink. With over drinking, he is not going to say that they have never had people over drink. He stated they do not always know when to cut off people. He stated he has been working with the parking and the only big problem is on Saturday. He stated he hasn't seen people parking at Riverwalk on Fridays. He stated they have been telling people for the last three months not to park in Riverwalk and they haven't since they have been providing more parking. He stated they have had TIPS training for employees and have eight people on Fridays and ten on Saturdays. He stated they try to avoid all these things as they can. As far as Riverwalk, he is willing to put someone there to monitor the parking. Chairman Gallagher stated Mr. Parra did not address any report by the Sheriffs Office, but those comments by the neighbors. He stated Mr. Parra has also stated that his employees are TIPS trained, but do not know when to cut off service to an individual. He stated for the record he would make the statement that this file is being considered on its own merits and the action that he is taking would be the same he would take on any premise with the same record of activity. Commissioner Stone concurred with that statement and related his remarks comparing this establishment to any other or its predecessor where only to express what type of activities are unacceptab Ie. Chairman Gallagher asked what date the current license expires. Ms. Roach stated August 30, 2002. Chairman Gallagher asked if based on the information they have before them if they can take action on the current license and not on the renewal. Commissioner Stone pointed out that this is not a Show Cause Hearing but rather a renewal hearing. Mr. Treu stated what is before the Board is a renewal that they either renew or deny. He stated if the Board wishes to place conditions on the renewal, he suggested they do so in an show cause hearing. 15 08-27-2002 Commissioner Menconi moved to deny the renewal of the hotel/restaurant license for Rancho Viejo Inc, d/b/a Rancho Viejo Restaurante & Bar, based on Section 12-47-302 of the Colorado Revised Statutes, that the establishment has been operating in a manner that adversely effects the health, safety and welfare of the immediate neighborhood in which the establishment is located. Chairman Gallagher asked if the motion is based on the evidence and testimony heard today. Commissioner Menconi answered yes. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. LUR-0042, Wildfire Regulations Bob Narracci, Planning Manager, presented file number LUR-0042, Wildfire Regulations. He stated this matter was continued from June 25 & 30, 2002. He stated they are going to begin with a short video of the panorama fire. Commissioner Menconi asked what the cause of this fire was. Barry Smith, Planner, stated it was started by construction workers cutting re-bar and sparks flew into the brush. Mr. Narracci spoke to the financial impact to Eagle County for hiring a wildfire mitigation specialist. He stated the evaluation done is included in the Board's packets showing grade category. He stated they believe the revenues based on current activity levels would off set the cost of such a position. Commissioner Stone asked if this would add another position or if staff believes the charges for the implementation of the new regulations will offset the cost. Mr. Narracci stated the charges for the new regulations will off set the costs. Dan Stanek, Chief Building Official, stated they are recommending all new additions be sprinkled regardless ofthe size ofthat addition. Commissioner Stone stated the request was to understand the cost to retrofit the original house. Mr. Stanek stated that would be an additional $35.00 per square foot. Commissioner Stone asked ifhe has a 4,000 square foot house and wants to add on an addition of 10 square feet ifhe would be required to retrofit the entire house. Mr. Stanek stated that is correct and the cost if$4.00 to $5.00 per square foot. Commissioner Menconi asked on a 5,000 square foot home, at what point does it require him to add sprinklers to the entire home. Mr. Stanek explained he would have to retrofit the entire house if it is located in a high hazard area. Cliff Simonton, Planner, spoke to the specifics on wildfire hazard mapping. He stated the first priority for the new position would be to respond to the priorities of the building department for the purpose of issuing building permits. He stated the second priority would be the coordination of efforts and resources to establish a wildfire hazard map. He stated they would first identify the platted lots that have not been built, then those that have been built and tackle the un-platted parcels. He stated the criteria makes the need for a finished hazard map less of a requirement. He stated they have anticipated Yz hour per site for hazard evaluation. He believes it would take three to five years to develop the wildfire hazard map. Chairman Gallagher asked to hear from the fire departments Carol Mulson, Eagle River Fire Protection District, stepped forward. Chairman Gallagher asked what kind of participation or willingness there is to participate in this program to the extent required including training of staff, lot assessment for hazard class and to 16 08-27-2002 contribute to making their own map. Ms. Mulson stated from the discussion she has heard, everyone is interested in it. She stated they have stopped doing inspections of businesses and concentrating on pre-plans instead. She stated she believes her Fire Chief is supportive. Michael McGee, Vail Fire Department, stated understanding that there is not a lot of County land within the Town of Vail, they are very supportive. They are in a situation where most of what they will do will be retrofit. He spoke to the pine beatle removal. He stated in looking from East Vail, west, you can identify the potentials. He spoke to the scars on the valley. As a department they are committed. Dave Vroman, Gypsum Fire Department, stated they are supportive of this code and their intention is to have the Town of Gypsum adopt the same code. Brad Jones, Eagle Fire Department, stated they are 100% behind these regulations and have been doing site visits for a number of years. Scott Thomas, Fire Chief from the Roaring Fork Fire Department, stated they are more than happy to do site visits and they did approximately 70 last year. He feels that he has failed as he learned from the residents that they just didn't know any better. He stated he wants this to work and they will be willing to give an amount of man power to let people know where they are and what the hazard is in their area. Chairman Gallagher stated he would like to address the fire fighters and asked they take this back to their Chiefs and Boards and if they don't adopt this today it is because the Board wants it to be the best it can be. Cliff Simonton stated the criteria that they may use to identify sites may be different than what Fire Departments use. He stated the importance of having a central agency or entity. Commissioner Stone stated he echos his comments in wanting to make sure they have a good document. He asked out of curiosity if the Towns if in which they exist would be willing to sign on to these documents. He suggested it is worth the Towns having similar regulations. Mike McGee stated the commitment of their fire department is to adopt the Wildfire Interface Code. He stated they are very supportive. He suggested that they don't need to wait for the law to change to implement some of the procedures. He spoke to some of the landscaping that is in place in the Town of Vail and related they will have to look at some of those. Mr. Vroman stated he thinks it is easier to do ifthey do it together. He suggested that it should be more of a seamless approach. Everyone is reluctant to be the first. Brad Jones stated he doesn't 't know the Town of Eagle's positions. Carol Mulson spoke to the fire in Wildridge and the discussions that went on there. She stated she has not discussed this with Minturn or Red Cliff as they don't officially become part of the district until January. Commissioner Stone stated he is concerned about public input and believes they should have at least one meeting in the evening so that more of the local people can attend to provide public input. He stated secondly, there is a wildfire conference in Longmont, September 26,27 and 28. He reviewed the agenda for that meeting. Chairman Gallagher asked if the County could sponsor up to 10 people to attend that conference. Commissioner Stone stated he believes that would be a good idea. He spoke to those things to be considered today. He spoke to paragraph 3 that sets forth the three criteria, topography, vegetation and water availability. He suggested the Fire Departments consider using the word fuel rather than vegetation. He asked if the fire advisors have been given a copy of the community subdivision exemption language. He stated what this proposes is at the request of subdivisions that they come up with their own Wildfire Mitigation Plan that would exempt them from these procedures. Mike McGee stated they actually have approved one of these exemptions for Spraddle Creek Subdivision and it is working quite well. This gives them another pair of eyes and greater enforcement of the homeowner association rules. He stated provided they get to the same outcome, they are not 17 08-27-2002 opposed to implementing actions under separate means. Chairman Gallagher asked if the provision is included that stipulates alternatives must be as great as is provided by these regulations. He asked ifthey have this requirement outlined. Mr. McGee stated they have used common sense and believe they can come to very satisfactory solutions including fire detection, road width and access, exterior finish, landscape slope and maintenance issues. Carol Mulson stated one thing that bothered her was the potential for patchwork compliance in a subdivision. She stated this language provides for a whole subdivision to come up to a much greater level of compliance in a much shorter period of time. Chairman Gallagher stated he was concerned with a proposal of dealing with an entire subdivision on a particular basis and not with the structures within the subdivision. He stated that is why he is considering the requirement that makes it at least as protective as their regulations. Commissioner Stone stated he thinks the individuals homes are considered on the second page. Ms. Mulson stated they are used to focusing on individual buildings and she believes they need to look at subdivisions and larger areas. Commissioner Stone suggested they need to look at public lands as well. He spoke to the Hayman fire and the speed of movement. He stated you talk about a defensible space around a community, is that going to be enough. He questioned how they can develop defensible communities and they should engage in conversations with the public land people to develop defensible communities. Chairman Gallagher suggested they might get in touch with the folks in Washington and see if President Bush's comments have any effect on them. He spoke to the proposed discussion about providing, by ordinance, adoption of regulations making them retroactive on every property within Eagle County. He asked they ponder that. Mike McGee stated they had the dubious honor oftrying to implement that kind of requirement. He spoke to having 225 fire systems trying to be installed in a six month period. He stated they were overwhelmed. He stated he was directed to police the contractors and not the installations. Instantaneous retrofitting applications would be a difficult thing to manage. Chairman Gallagher stated he would envision a grace period of several years to come into compliance. He spoke to the 12 to 15,000 dwelling units that are not in compliance. He stated the new growth might not be significantly more and what percentage will they bring into compliance by waiting for them to remodel. He suggested it would at least be an additional person on each of their payrolls. Mr. McGee suggested a time period for implementation would be desired. He stated the most successful instances he has had has been working with the builder, business owner, developer and working out the most critical points. He stated they implemented a roof ordinance in 1979 that would have at least a 14 year spread before coming into compliance. Commissioner Stone suggested they should be careful to be shooting for a balance of regulation that is neither too great or too small. He is concerned about people at both ends of the spectrum. He spoke to the Libertarian on one end and the not so extreme on the other end. What he would like their goal to be is to find the delicate balance between the two. Chairman Gallagher expressed his thanks for all the work done on the regulations. He asked for public comment. Jim Mandel, 2728 Bellyache Road, stated though he does work for Vail Resorts he is here on a personal basis only today. He stated there are two real priorities that are clear with fire. Priority 1 is human life. He stated they need to focus on that first and not risking firefighter's lives when they shouldn't be risked. He stated he learned this summer that the firefighters are not necessarily going to come to your house. He stated living on Bellyache, he doesn't have a fire station anywhere by. He stated he is a little concerned that they are not discussing the nearness of fire fighters. He spoke to the Wildridge fire and the ability to suppress. He stated he would like to hear more about suppression. What can they do at the top of Bellyache or halfway up Bellyache. If they can do something to stop it 18 08-27-2002 quickly, they are that much better off. He is concerned with some of the retrofitting provisions in here. He questioned some of the arbitrariness. He questioned the square footage and some of the arbitrary definitions. He stated he doesn't understand the lack of attention to roofs. He stated what concerns him the most is he doesn't think people in this valley know what they are doing here. He stated he has been personally involved with the construction of the Ritz Carlton in Bachelor Gulch. He doesn't think that the people in Eagle Vail are aware of the discussions. He suggested they should do more community outreach and allow the community to participate. Barry Smith replied the square footage average comes not that a 3,500 home is not worth saving, but it deals with the number of personnel and equipment. He stated if you go beyond the 6,000 square foot unit they are talking about mutual aide. Dan Stanek spoke to the roofing and the classifications in their regulations. Chairman Gallagher suggested there may not be a fire station next door to your house but there is in fact help from everyone. He stated the comments from Mr. Mandel are well received. He asked specifically what are the concerns with the retrofitting. Mr. Mandel stated they become a little philosophical and selfish. He stated they could be rewarding the wrong people. He doesn't know what good it is to have one out of every three houses done and believes it becomes arbitrary to use any kind of modification to trigger compliance with these regulations. He has no issues with additions to houses being sprinkled. He suggested by the time his sprinkler goes offhe is basically preventing the fire from spreading further. He stated he thinks they create a climate where they will not see building applications for remodels when people should in fact be requesting building permits. Commissioner Stone spoke to many of the subdivisions that have required additions of foliage when they constructed their homes. Scott Hunn, representing Vail Resorts, Beaver Creek Resort Company and four different Design Review Boards, thanked staff for the time they have given to work with them on this. He stated Vail Resorts Development company does endorse the additional language. Chairman Gallagher closed public comment for this hearing. He asked staff if they have further discussion today. He stated the issues left to be considered, are the proposed additions to this language and the possibility of an ordinance. He asked staff to prepare a draft for purposes of discussion. He stated he is most interested in hearing back from staff, the fire departments and other interested parties concerning this additional language. He stated it would speak to a commitment form their Boards to participate in an MOD or IGA. Commissioner Menconi asked if they are designating an area as high, moderate or low, will that have any effect on insurance coverage and the availability of coverage or increase in rates. Carol Mulson stated she has had conversations with a specific insurance company who have stated they mayor may not underwrite based on the individual property. They are paying attention to the wildland interface. Commissioner Menconi asked if they can find out and see if that enforces the issue or if it gives more assistance. He stated his other question is with the retrofitting of a home that requires an addition. He spoke of a friends home in Bellyache that is a duplex. If they want to add on to one side, once it gets to a certain square footage would they have to sprinkle the entire building or just their unit. Mr. Stanek stated it would be the half of the duplex that is expanding. Commissioner Menconi suggested then if someone wants to expand they will want to do so in a way that will keep them out of having to retrofit. Barry Smith stated the other side of the coin is that someone wanted a 6,000 square foot home but only built a 3,000 square foot home and added on later to make it the 6,000 square feet, it would be considered circumventing the regulations. Commissioner Menconi spoke to the 35 acre lots and asked if it is not required. Mr. Stanek stated the building codes and the defensible space would apply to a 35 acre parcel. 19 08-27-2002 Chairman Gallagher asked that staff begin to prepare for increased publication ofthis information in preparation of a public meeting. He suggested they not necessarily wait for the next official meeting or that they might bring it forward at a work session. Commissioner Stone asked if they want to grind their way through these documents now or prepare for public review. Chairman Gallagher stated he would like to propose at the next meeting that they go through these regulations point by point and at the same time they prepare for a public hearing. Commissioner Stone asked what Mr. Montag found worked with the Land Use Regulations and how they were presented to the public. He spoke to meetings with the public at night. Keith Montag, Director of Community Development, stated there was a steering committee that was put together from day one and that group was used to bounce ideas off of. He stated they had a series of public information meetings and went to each of the towns giving time to allow for public comment. He spoke to visits to areas in unincorporated Eagle County. He stated based on comments received, they tried to boil down the key issues where there was still a difference of opinion. There were six or eight key issues that they then brought to the Board for further discussion. Though it took time, they felt there was ample public input into the process and to the regulations that were eventually passed. Commissioner Stone pointed out they are only looking at a couple of chapters which may abbreviate the process. Chairman Gallagher suggested he would like to have three meetings, one up valley, one down valley and one in the other valley. He suggested they already seem to have an advisory board in place. He spoke to the regulations that need to be addressed, the basic wildfire regulations, the underlying two pages having to do with the wildfire mitigation plan and the third which is the draft ordinance. He suggested when they have Board concurrence on what to present they should begin that process. Mr. Narracci asked about the ordinance. Chairman Gallagher stated that is being done by legal staff. He asked if they have a date certain that this is being continued to. Mr. Narracci stated October 8, 2002 is the next available date that all three Commissioners are present. Chairman Gallagher stated he is a little disappointed in the time frame and hopes they can make every effort to accomplish this by the end of the year. Commissioner Stone asked if Chairman Gallagher is suggesting the Board should go through the document point by point. Chairman Gallagher suggested that by October 8 the various fire departments can have their comments submitted. He hopes that in that time frame they can go through the regulations line by line. Commissioner Menconi moved to table Eagle County Land Use Regulation to October 8, 2002. Commissioner Stone 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 3, 2002. Attest: JJIIf). () ~ Clerk to the Board ~IY-- 20 08-27-2002