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Minutes 04/20/10 PUBLIC HEARING April 20, 2010 Present: Sara Fisher Peter Runyon Keith Montag Bob Morris Teak Simonton Chairman Commissioner County Manager Deputy County Attorney Clerk to the Board Absent: Jon Stavney Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: 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 April 19, 2010 (subject to review by the Finance Director) Finance Department Representative B. Resolution 2010-041 Concerning Appointments to the Citizens' Open Space Advisory Committee Kris Valdez, Planning c. Resolution 2010-037 Appointing Beryl "Bud" Eylar to the Basalt Regional Library District Board of Trustees County Attorney's Office Representative D. Public Safety Interoperable Communications Grant Amendment Barry Smith, Emergency Management E. Colorado Department of Public Health and Environment Tobacco, Education, Prevention and Cessation Grant Program Amendment for Task Order No.2 Contract Routing Number 10-12559 Rachel Oys, Health & Human Services F. Upper Eagle Regional Water Authority Freedom Park Pump House Easement Ben Gerdes, Engineering G. Governor's Energy Office Community Energy Coordinator Grant Contract Adam Palmer, Planning Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bob Morris, Deputy County Attorney stated that there were no legal issues with any of the items.. Commissioner Runyon moved to approve the Consent Agenda, Items A-G. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen input, as there was none. 1 04/20/2010 Resolution 2010-038 Designating April 18 - 25, 2010 as Week of the Young Child in Eagle County Maggie Swonger, Health & Human Services Ms. Swonger explained the purpose of the week. Bright Start was a major part of this effort. Week ofthe young child supported early literacy and reading skills. Jeanne McQueeney spoke to the board. She thanked the board for recognizing the week of the young child, which was also celebrated nationally. She believed it was important for everyone to understand how important their efforts were. Chairman Fisher stated that Ms. McQueeney's passion was carried forward in everything she did. Ms. McQueeney spoke about how Eagle County was ahead of the curve. Early Childhood programs were a priority in Eagle County. Commissioner Runyon read the resolution for the record. Commissioner Runyon moved to approve the resolution designating April 18 - 25,2010 as week of the Young Child in Eagle County. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Resolution 2010-039 Designating April 19 - 25, 2010 as Earth Awareness Week Ray Merry, Environmental Health spoke to the board. Mr. Merry explained the resolution. The environmental movement, environmental health, and that sustainability is what Eagle County was all about. He thanked Alex Potente, Adam Palmer, Yuri Kostick and Tom Johnson. He believed Eagle County was ahead of the curve. He believed that behavioral change started young, so the better job the county could do to educate youth the more effective the change would be. Chairman Fisher thanked Mr. Merry and his staff for all the work they had done to organize the events related to Earth Awareness Week. Commissioner Runyon read the resolution for the record. Commissioner Runyon moved to approve the resolution designating April 19 - 25,2010 as Earth Awareness Week. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Resolution 2010-040 Recognizing April 18 - 25,2010 as National Volunteer Week Holly Kasper, Volunteer Center Coordinator Ms. Kasper spoke to the board. She explained the nature of the week. Kathy Dunn-Lewis explained that many programs could not run without the volunteers. Chairman Fisher thanked the ladies for their efforts and skills. Commissioner Runyon thanked the ladies as well. He also thanked all of the volunteers present. Ms. Kasper introduced three different groups of volunteers. She introduced Louise Willimann who coordinated the Magic Bus for pre-school students. Ms. Willimann spoke about her kindergarten preparation efforts including early literacy, and socialization skills in English and Spanish. There was a monthly theme and activities involving cutting, finger painting, and other fun activities. It was part of the Youth Foundation and Vail Valley Foundation. Maria Calvo also spoke. She participates in the Magic Bus programs. Toni Burns was introduced as the organizer of "food for kid's backpacks." She picked up kid's backpacks up and filled them with food to last an entire weekend. She had served over 1726 meals. She explained that providing a weekend worth of food allowed kids to arrive at school on Monday alert and healthy. The program had been successful and rewarding. The program would run 11 months out of the year. Commissioner Fisher wondered where the food came from. 2 04/20/2010 Ms. Burns stated that they apply for grants, they have food drives and they receive private donations. The program was unique in the mountain communities. Chairman Fisher spoke about Ms. Bum's commitment to the community. Ms. Kasper introduced the Eagle County Charter Academy 7th and 8th grade students. These kids had a community outreach volunteer program for 4 - 6 weeks in various programs throughout the community. Sam Carlson spoke about his participation. He explained that they raised money by ringing the bell for the Salvation Army. They unpacked cans from the food drive. Ben Maslan spoke about his time at Habitat for Humanity and they helped by cleaning floors and painting walls. Other students spoke about their volunteer activities, including sanding wood and glossing it for games for kids at the Snowboard Outreach Society. Anna Skelton spoke about her participation with the Salvation Army sorting cans. She made her own environmental website. Other students went to the World Vision center and packed boxes of clothing for those in need. Max Schramm and some friends went to the Avon recycling center and picked up trash around the bins. Erin Roberson spoke to the board as the teacher of some of the kids. She stated that there were 64 7th and 8th graders who participated in the program. Commissioner Runyon read the resolution for the record. Commissioner Runyon moved to approve the resolution recognizing April 18 - 25,2010 as National Volunteer Week. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Volunteer Recognition Kathy Dunn-Lewis, Rural Resort RSVP Director Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner 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. Rink Productions, Inc d/b/a Rink Productions #26-65945-0000 This is a renewal of a Optional Premise License (stand alone) in Beaver Creek (plaza). 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. Top ofthe Rockies, Inc. d/b/a Top ofthe Rockies at Vail #10-87789-0000 This is a renewal of a Hotel and Restaurant License in Red Cliff (Lodge at Camp Hale). 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. 3 04/20/2010 C. Malibu, LLC d/b/a Malibu Restaurant & Bar #15-72176-0000 This is a renewal of a Hotel and Restaurant License in E1 Jebel. 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. eat! Inc. d/b/a eat! #15-30721-0000 This is a renewal of a Tavern License in Edwards (The Corner at 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. E. Daniel's Foods, Inc. d/b/a Mirabelle at Beaver Creek #07-59554-0000 This is a renewal of a Hotel and Restaurant License in Avon (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. Ms. Scriver explained that staff had no concerns or issues with any of the establishments. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for April 27, 2010 consisting of Items A-E. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. APPLICANT: REQUEST: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: CONCERN: One Eagle Special Events Permit Holli Snyder, Event Manager Eagle River Center, 0794 Fairgrounds Road-Eagle Kathy Scriver None DESCRIPTION: One Eagle has requested a special events permit for the 3rd Annual Cinco de Mayo event being at the Eagle River Center on Sunday, May 2nd from 9 am until 9 pm. The event will feature a full day of entertainment, several food vendors, a beer garden, and various local businesses that cater to the Latino Culture. Beer will be the only alcohol served. The applicant anticipates about 2000 attendees (per the alcohol management plan). 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 on April 9, 20l0, 10 days prior to the hearing. 3. No protests were filed in the Clerk and Recorder's Office. 4. The applicant has provided proof of server training and an alcohol management plan. STAFF RECOMMENDATION: 4 04/20/20 I 0 All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the request. She stated that the event would feature a full day of entertainment, food vendors, and various local businesses that catered to the Latino culture. Beer would be the only alcohol served. The applicant anticipated 2000 attendees per. Holly Snyder, the event coordinator was not able to attend the meeting. Erin Seabury and Steve W odlinger were present on her behalf. Chairman Fisher asked if they had any experience with such events. Ms. Seabury indicated that she had experience and that there would be 10 staff present with 2 at the beer garden at all times. Chairman Fisher asked several questions about the event. Mr. W odlinger stated that they (NRe) produced about two dozen events such as this throughout the year. They had been doing these types of events for 4 or 5 years and were very careful about over-service. The event would be all day long with 8 different bands performing. There would be booths and vendors present including 13 food vendors. Tickets would be available at the door the day of the event. The entrance fee would be $5.00 and a portion would go to Amigos Unidos, an organization that supported young children in the valley. NRC would be broadcasting from the Eagle River Center the day of the event. Chairman Fisher thanked the applicant. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Events Permit for the One Eagle, Cinco de Mayo event being held on May 2, 2010, from 9:00 a.m. to 9:00 p.m. at the Eagle River Center. Commissioner Fisher seconded the motion. Ofthe two voting commissioners, the vote was declared unanimous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: The Eighth Day, Inc Wolcott Yacht Club J an J ouflas, Owner 27190 Hwy 6 - Wolcott, CO Temporary Permit Kathy Scriver None DESCRIPTION: The Eighth Day, lnc has applied for the transfer of a Tavern Liquor License currently held by Destiny Hospitality Partners, LLC d/b/a The Wolcott Yacht Club. The applicant has submitted all of the required documents and associated fees, and has requested a Temporary Permit in order to conduct business and sell alcohol beverages until the transfer process is complete. STAFF REPORT AND FINDINGS: 1. The premises where the alcoholic beverages will be sold are currently licensed by the State and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue, and has included the name and address of the applicants, [mancial information and details of investment in the proposed transfer, and proof of possession of the premises for which the Temporary Permit is sought. 3. An affidavit of Transfer and Statement of Compliance stating that the licensee authorizes the transfer of the Colorado Retail Liquor License to the applicant and there are no outstanding accounts with any Colorado Wholesalers has been filed. 5 04/20/20 1 0 4. This permit may be canceled, revoked, or suspended if the local or state licensing authority determines that there is probable cause to believe that the transferee has violated the liquor code or has failed to truthfully disclose matters required pursuant to the application forms required by the Department of Revenue. DISCUSSION: Ms. Scriver presented the request. The license was transferred last summer, and the owner was requesting that license be transferred back. All items were in order. Chairman Fisher asked for more details. Ms. Jouflas explained that the interim owners could not make a go of it. She had received many calls from people hoping she would re-open the Yacht Club this summer. Commissioner Runyon stated it was a unique location in the valley. Chairman Fisher asked for a date for the re-opening. Ms. Jouflas explained that she expected to officially re-open around Memorial Day. There would be an event for Trout Unlimited in early May. She expected to be open during the day and evening, similar to years in the past. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to The Eighth Day, Inc. d/b/a The Wolcott Yacht Club, which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one-hundred-twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Commissioner Runyon 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. Planning Files There were none. Attest: ~. Clerk to the Boar 6 04/20/2010