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Minutes 11/10/09 PUBLIC HEARING November 10,2009 Present: Sara Fisher Jon Stavney Keith Montag Bryan Treu Robert Morris Kathy Scriver Chairman Commissioner County Manager County Attorney Deputy County Attorney Deputy Clerk to the Board Absent: Peter Runyon Commissioner 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. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of November 9,2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for November 19, 2009 (subject to review by the Finance Director) Finance Department Representative c. Approval of the minutes of the Eagle County Board of Commissioners Meetings for September 8 and September 15, 2009 Teak Simonton, Clerk & Recorder D. First Amendment to West End Eagle River Preserve Access Agreement County Attorney's Office Representative E. First Amendment to West End Temporary Access Agreement County Attorney's Office Representative F. Final Settlement of Agreement between Eagle County and R.A. Nelson for Eagle County Air Terminal Corporation Airport Restroom/Emergency Generator Project Ron Seibert, Project Management G. Assignment of Lease between Eagle County and Eagle County School District for Red Table Learning Center County Attorney's Office Representative H. Resolution 2009-114 for the Approval of the Northstar Center Utility Easement Vacation, (Eagle County File No. G-2442) Ben Gerdes, Engineering Chairman Fisher asked the Attorney's Office ifthere were any changes to the Consent Agenda. 1 11/10/09 Bryan Treu, County Attorney stated that there were no exceptions. Commissioner Stavney moved to approve the Consent Agenda, Items A-H. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. 2009 Office Supply Bid Finance Department Representative Mr. Lewis stated presented the details of the supply bid. The county had an agreement with Office Max but it was not a written agreement. Office Max was purchase by Staples and requested a written contract. A contract for next year was still in negotiations. Staples would give the county a 7% volume discount. Commissioner Stavney moved to approve the 2009 Office Supply Bid document as presented. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Eagle- Vail Metro District d/b/a Mulligan's at Eagle-Vail #04-33003-0000 This is a renewal of a Hotel and Restaurant License with 4-0ptional Premises in Eagle-Vail. 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. Vail Food Services, Inc. d/b/a Game Creek Club #13-32488-0000 This is a renewal of a Hotel and Restaurant License on Vail Mountain. 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. Marko's Pizzeria of Edwards, Inc. d/b/a Marko's Pizzeria #06-19233-0000 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. D. Marquez Restaurants, Inc. d/b/a Fiesta's Restaurant #04-89807-0000 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. 2 11/10/09 Commissioner Stavney moved that the Board approve the Liquor Consent Agenda for November 11, 2009 consisting of Items A-D. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanImous. APPLICANT: REQUEST: EVENT: DATE OF EVENTS: Mountain/Eagle Valley Horse Rescue Special Events Permit Bull Riding Event Saturday, November 28,2009 Saturday, December 26,2009 Saturday, January 30, 2010 Char Quinn, Event Manager Eagle River Center -794 Fairgrounds Road, Eagle Kathy Scriver REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: DESCRIPTION: Mountain/Eagle Valley Horse Rescue, a non-profit corporation has requested a special events permits for (3) Bull Riding Event being held at the Eagle River Center. The event dates are as follows: Saturday, November 28, December 26,2009, and January 30, 2010. Permit times for the events are 5 p.m. until 11 p.m., with alcohol service being provided from 6 p.m. to 10-10:30 p.m. The estimated number of persons attending each event is 1,000 (per lease agreement). STAFF FINDINGS: 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice was given by the posting a sign in a conspicuous place on the premises, October 30,2009, 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided proof an alcohol management plan per the requirements of the Eagle County Local Licensing Authority. 5. Proof of server training will be provided to later than November 10, 2009. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriver presented the application. Chairman Fisher asked about the food vendors. James Pratt stated that Fiesta Jalisco's would be one of the food vendors. Chairman Fisher asked about security for the event. Mr. Pratt stated that Diamante Security Company would be providing security. Eagle County required only 6 security guards but they would have between 10 and 15. Chairman Fisher asked about Mr. Pratt's experience with managing these kinds of events. Mr. Pratt stated that he was a part of the Berry Creek rodeo and had bull-riding experience. Chairman Fisher asked about the ticket prices. Mr. Pratt indicated that the tickets would be in the $15 range but would depend on the number of sponsors. Chairman Fisher asked about the hours of liquor service. Char Quinn stated that last call would be at 10:00 pm. 3 11/10/09 Mr. Pratt stated that he expected the bull-riding event to end around 9 pm and the band would play until 10:00-10:30 pm. Chairman Fisher asked Ms. Quinn about the alcohol servers and overall supervision of alcohol service. Ms. Quinn stated that all the servers would be volunteers from either the horse rescue or humane society and most ofthe humane society volunteers were already TIPS trained. Chairman Fisher asked if any of the profits from ticket sales would go to the non-profit. Mr. Pratt stated that it depended on the success of the even. Chairman Fisher expressed concern for granting approval for three licenses in one application. She understood that it made financial sense for the applicant. However, she wanted to make it clear that the approval for all the events was contingent on the success of the first event. Chairman Fisher asked about the insurance. Mr. Treu stated that there would be general liability insurance required for anyone renting the facility. Mr. Pratt stated that they were in negotiations with a company in Denver. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Events Permit for the Mountain/Eagle Valley Horse Rescue event being held at the Eagle River Center on November 28, December 26,2009, and January 30,2010 from 5:00 p.m. until 11:00 p.m. with the condition that the appropriate insurance is filed with staff and each of the food vendors is properly licensed. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENT A TIVE: Savage Peak, Inc D'Oro Owners, Stephen, and Eric Negler (brothers) l20 Offerson Road, Avon (Beaver Creek) Hotel and Restaurant License Kathy Scriver DESCRIPTION: Savage Peak, Inc submitted an application for a Hotel and Restaurant Liquor License on September 25,2009. The proposed location sits within The Charter at Beaver Creek in the location formally known as Tramonti at the Charter. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommends that the definition of the "neighborhood" include the area within a two-mile radius from the proposed location (120 Offerson Road). MOTION: Commissioner Stavney moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. LIQUOR AUTHORITY CONSIDERATIONS: 1. The board will consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires, per the Colorado Liquor Code, Section 12-347-301 (2) (a). 4 11/10/09 2. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of such premises. 3. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 4. Whether the fees have been paid. 5. Whether the applicants are of good moral character. 6. Section 12-47-301 (2) (b) ofthe Colorado Liquor Code reads as follows: "A local licensing authority or the state on stated owned property, may deny the issuance of any new tavern or retail liquor store license whenever such authority determines that the issuance of such license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources. " STAFF FINDINGS: 1. The applicants have filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicants are 21 years of age and reported to be of good moral character. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises October 29, 2009 and publication in the Eagle Valley Enterprise on October 29 and November 5,2009. 4. The premises are not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. 7. There are currently no retail liquor stores in Cordillera or within the two-mile radius from the proposed location. 8. Staffhas received no responses from the Eagle County Sheriffs Office, Community Development, Environmental Health Department, Building Official, Eagle County Treasurer, or Director of Road & Bridge. 9. The applicants have provided an alcohol management plan and proof of server training. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Hotel and Restaurant Liquor License and staff findings are positive. DISCUSSION: Ms. Scriver presented the application. She stated that the proposed location sat within the Charter at Beaver Creek, and was formally know as Tramonti. The owners of Tramonti up and left about a year ago leaving 5 11/10/09 the location vacant and therefore requiring Savage Peak, Inc to apply for a new license. The applicant Steve Negler was currently in the restaurant business and the owner ofTi Amo located in Eagle-Vail and in their many years in business has never had any liquor violations, complaints or disturbances. The applicants had met all the necessary requirements for a Hotel and Restaurant liquor license and staff findings were positive. The applicant Steve Negler was present along with Keith William, the registered manager on record. Mike Lange, general manager of the Charter spoke. He stated that the applicant had a lease that was in affect. Chairman Fisher asked if any services would be provided outside the restaurant area. Mr. Negler stated that take out food would be permitted but no alcohol would leave the restaurant. Mr. Lange stated that the homeowners and the board of directors were fully informed with what was going into the location and supported the concept. Chairman Fisher asked if it would be dinner only Mr. Negler confirmed there would be dinner only. The bar would be open at 2:00 p.m. and the dining area would be open 4 - 10 pm. Chairman Fisher asked Mr. Williams ifhe had experience in the valley. Mr. Williams stated that he was new to the valley but had a lot of experience in California managing a couple of cafes in San Francisco. Commissioner Stavney moved the Board find that there is a reasonable requirement and desire for the issuance of this license, therefore approve a Hotel and Restaurant Liquor License for Savage Peak, Inc d/b/a D'Oro based on the testimony, petitions, and evidence submitted today and incorporating the staff findings. Such license is to be issued upon the written findings and decision of this Board and upon a final inspection of the premises by the Clerk and Recorder's Office to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Eagle River Youth Coalition Grant Update Susie Davis, ERYC Commissioner Stavney stated that the county was nearing confirmation of the budget for next year and the group had come together for a single grant petition from the county. The board would decide on this and other grants soon. Seth Ehrich, development director with SOS Outreach spoke. He spoke about the county's 2008 investment in the first year of Eagle County Youth Collaborative. ECYC was a partnership of youth serving organizations who were members of the Eagle River Youth Coalition. The organization served 8,905 participants last year. For 2010, they would be expanding the collaborative to include early childhood partners. Together the organizations were focused on decreasing the achievement gap of students enrolled in Eagle County schools and fostering positive youth development in order for EC youth to become successful adults. 6 11/10/09 Andej Biljulin, director of research and evaluation stated that much of the efforts in the last year were about creating the process and doing the merging of data bases with the school district. Mr. Ehrich highlighted the number of students in the county that these organizations were serving. Chairman Fisher asked about the particular outcomes that resulted from the dollars that the county put forward. Mr. Montag stated that as part of the grant application process and the awarding of the grant there was an agreement that each of the grant recipients had to report to the county. If any organization did not provide this report, it could weigh in heavily on whether the county would continue to fund the organization. Commissioner Stavney believed that the school district connection was important. He believed the school district should be applauded for a willingness to participate. He asked Mr. Biljulin if there was an ongoing commitment to this data collection. Mr. BiIjulin stated that the school district was very much committed to the collaboration. Chairman Fisher asked Am Menconi to explain where he saw the program now and the advantages. Mr. Menconi stated that there were three areas;, one was on the local level, one was on the state level, and one was on a national level. Three weeks ago, he visited the Department of Education in Washington and met with some of the directors and the research analyst. They believed this program was unique. He spoke about Holly Wood writing several grants in order to leverage this to other grants. Ms. Wood had also written to the State in the attempt to get "race to the top" dollars. On the local level, retrieving data was tedious and more sophisticated types of evaluations were needed. He requested that the board provide a letter to the state regarding the importance of after school assessment. He thanked the board for their support. Chairman Fisher believed that tracking the success rate of kids that attended after school programs was important. Mr. Andrea stated that there were tracking systems in place. The impact of positive youth engagement in the community was their ultimate goal. Chairman Fisher stated that all the application that had been received had been distributed to the members of the review committee. She stated that it was an economically challenging time. The grant process was more receptive to those with a proven track record. She believed the youth in the community was challenged right now by the economics of what was happening locally and nationally. IT Budget Scott Lingle, Innovation and Technology Recorded Justice Center Projects Follow-up Rick Ullom, Project Management Recorded Planning Files There were none. Attest: There being no further business before t~e Board, the meeting was adjourned until November 17, 2009 '/ """"~-' O~ "<.:' " 00/ %" , ';I. ... ~ j<' ~ 0, 01.09",0,' ' ~qk,~ Chairman 7 11/10/09