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Minutes 10/14/08 PUBLIC HEARING October 14, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney 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 There was none. Special Recognition - Shriners' Screening Clinic Community Partners Anne Robinson, Public Health Ms. Robinson stated that the county recently had the opportunity to work with the Shriners' medical staff from Denver to host a Shriners screening clinic in Edwards on Saturday, September 13. The event was host at the site of the Vail Summit Orthopedics. The Shriners' hospital for children is a non-profit organization that provides pediatric specialty care. The clinic was able to screen 20 children and refer 11 children to receive care at one of the Shriners' hospitals. Chairman Runyon acknowledged Chip Webb, CEO of Vail Summit Orthopedics for his participation in the program. Mr. Webb stated that the program was very successful and a benefit to the community. Jill Hunsaker thanked Commissioner Fisher for the initial idea and getting the Health and Human Services Department involved. Commissioner Fisher stated that she was approached by someone who was interested in seeing the program in Eagle County. She forwarded the suggestion to Ms. Hunsaker and within two weeks there was a meeting scheduled with the El Jebel Shrine. She was incredibly impressed with the partnership and thanked everyone for the success of the program. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of October 13, 2008 (subject to review by the finance director) Finance Department Representative B. Approval of payroll for October 23,2008 (subject to review by the finance director) Finance Department Representative c. Agreement between Eagle County and the Eagle County School District Concerning the Gypsum Child Care Center Rita Woods, Health & Human Services D. Agreement between Eagle County and the Youth Foundation to provide after school programs for children Jenny Wahrer, Health & Human Services 1 10/14/08 E. First Amendment to Agreement for Design and Construction at the Eagle River Preserve Karen Reid, Facilities Management F. Final Settlement of Agreement between Eagle County and GMCO Corporation for 2008 Magnesium Chloride Project Brad Higgins, Road & Bridge G. Final Settlement of Agreement between Eagle County and GMCO Corporation for the 2008 Chipseal Project Brad Higgins, Road & Bridge H. Resolution 2008-119 Approving the Amendment of Resolution No. 2007-l20: Resolution Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners for Fiscal Year 2008 and Designating Legal Holidays for Fiscal Year 2008 and Establishing the Bi-weekly Payroll Schedule for 2008 Bryan Treu, County Attorney's Office I. Option and Lease Agreement between Eagle County and New Cellular Wireless PCS, LLC, for co-location of cellular telephone equipment Barry Smith, Emergency Management J. Second Amendment to Agreement to Provide Deed Restricted Housing on Stratton Flats Alex Potente, Housing & Development Chairman Runyon stated that Item J would be pulled for separate discussion Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney recommended pulling Item F completely of the agenda. The project still needed more work. Commissioner Menconi moved to approve the Consent Agenda, Items A-I, removing Items F and J. Commissioner Fisher seconded the motion. The vote was declared unanimous. Alex Potente, Housing Director spoke about Item J, the Second Amendment to Agreement to Provide Deed Restricted Housing on Stratton Flats. He stated that the document reflected some updates and transfers the ownership of the interest in the property to the Housing Authority, which was recently formed. It also memorializes the final pricing sheet, the amount of fee waivers from the Town of Gypsum, the treatment of revenues taken in, and several other similar clean up items. The document would not have a significant affect on the structure of the deal. Chairman Runyon asked about the financial implications of these changes. Mr. Potente stated that the revenue gap was the only financial change. Chairman Runyon asked about the annual interest. Mr. Potente stated that the interest was compounded and would go up every year. The county would have the option of either taking its full return or having more units. Chairman Runyon asked about the downside of not signing the agreement. Mr. Potente stated that the bank would not continue to fund the vertical loan. The agreement provides another level of protection to the county and a statutory authorization. The document would not put the county in any worse position. The gap analysis portion of the document is also reflected in the first amendment agreement. Chairman Runyon asked about the county's ability to reduce the number of deed-restricted units that are available under the county. Mr. Potente stated that the county would always have the option to remove units from the deed-restricted category in order to generate more revenue for the project. He repeated his earlier comment that the document would not change the structure of the deal from what it was previously. The revenue gap had been quantified whereas in the prior agreement it had not. 2 10/14/08 Commissioner Fisher moved to approve the Second Amendment to Agreement to Provide Deed Restricted Housing on Stratton Flats. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Treu stated that it was appropriate for the board to re-convene as the Eagle County Housing Authority and provide a second motion as the Eagle County Housing Authority. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Housing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to approve the Second Amendment to Agreement to Provide Deed Restricted Housing on Stratton Flats. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Board of County Housing Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Public Input Chairman Runyon opened and closed Public Input, as there was none. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda A. Larkburger, LLC dlbla Larkburger #07-91989-0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Fiesta Jalisco Numero Quince, LLC dlbla Fiesta Jalisco #06-33115-0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. Vilar Center for the Arts Foundation dlb/a The Vilar Center for the Arts #18-18611-0000 This is a renewal of a Arts License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. Beaver Creek Food Services, Inc. dlbla Spruce Saddle Restaurant #04-51099-0001 This is a renewal of a Hotel and Restaurant License with 3 Optional Premises on Beaver Creek Mountain in Unincorporated Eagle County. There have been no complaints or disturbances in the past 3 10/14/08 year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. Beaver Creek Food Services, Inc. dlb/a Toscanini #04-51099-0015 This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. F. Beaver Creek Food Services, Inc. dlbla Arrowhead Alpine Club #04-51098-0005 This is a renewal of a Hotel and Restaurant License on Arrowhead Mountain in Unincorporated Eagle County. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. G. Beaver Creek Food Services, Inc. dlbla Two Elk Restaurant #04-38327-0001 This is a renewal of a Hotel and Restaurant License with 1 Optional Premises on Vail Mountain in Unincorporated Eagle County. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. H. Beaver Creek Food Services, Inc. dlb/a Trapper's Cabin #04-51098-0001 This is a renewal of a Hotel and Restaurant License with 1 Optional Premises on Beaver Creek Mountain in Unincorporated Eagle County. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. I. Beaver Creek Food Services, Inc. dlbla Allie's Cabin #04-51099-0001 This is a renewal of a Hotel and Restaurant License with 2 Optional Premises on Beaver Creek Mountain in Unincorporated Eagle County. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. J. Beaver Creek Food Services, Inc. dlbla Beano's Cabin #04-51099-0005 This is a renewal of a Hotel and Restaurant License with 1 Optional Premises on Beaver Creek Mountain in Unincorporated Eagle County. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for October 14, 2008 consisting ofItems A-J. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. 4 lOll 4/08 Planning Files ZS-1464 Devan Property Lisa de Graaf, Planning Department NOTE: To be tabled to 11/18/08 The purpose of this Special Use Permit is for an Accessory Dwelling Unit on a non-conforming lot. ACTION: LOCATION: Near Basalt Commissioner Menconi moved that the Board table file no. ZS-l464 Devan Property until November 18, 2008. Commissioner Fisher seconded the motion. The vote was declared unanimous. .~ I DWtu i' " 5 10114/08