HomeMy WebLinkAboutMinutes 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.
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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.
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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.
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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).
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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
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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.
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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
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