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Minutes 04/27/10 PUBLIC HEARING April 27, 2010 Present: Jon Stavney Peter Runyon Keith Montag Bryan Treu Kathy Scriver Chairman Pro-Tem Commissioner County Manager County Attorney Deputy Clerk to the Board Absent: Sara Fisher Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Pro- Tem Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of April 12, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for April 22, 2010 (subject to review by the Finance Director) Finance Department Representative c. Resolution 2010-042 Supporting the Intergovernmental Agreement between the Colorado Department of Transportation and Eagle County for Right of Way, Design and Construction of the Bums Bridge Project Ben Gerdes, Engineering D. Intergovernmental Agreement between the Colorado Department of Transportation and Eagle County for Right of Way, Design and Construction of the Bums Bridge Project Ben Gerdes, Engineering E. Resolution Conferring Power of Attorney upon Bryan R. Treu County Attorney, Robert L. Morris, Deputy County Attorney, and Christina C. Hooper, Assistant County Attorney to act as Attorney In Fact for the County of Eagle, State of Colorado, with Respect to 1 sl Bank of Avon Letter of Credit No. 901-5302 in the amount of $2,000.00 for Road Cut Permit No. 3641 for KPB Development Engineering/County Attorney Representatives F. Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Eagle for General Animal Services and Emergency On-call Services Shawn Markmann, Animal Services G. Agreement between Eagle County, Colorado and LBA Associates, Inc. to Extend Base Agreement to Provide Technical Assistance to USDA Grant Project Ron Rasnic, Solid Waste & Recycling H. On-call Services Agreement between Eagle County and Skyline Mechanical, Inc. for HV AC Ron Seibert, Project Management I. On-call Services Agreement between Eagle County and Timberline Restoration Services, DBA Service Master 24/7 Ron Seibert, Project Management 1 04/27/2010 J. On-call Services Agreement between Eagle County and Vail Alarm Inc., DBA Vail Electronics, Inc. Ron Seibert, Project Management K. Minor Type B Subdivision 562 Airport Road / North side of Eagle County Airport. The intent of this Minor Type B Subdivision is to subdivide an airplane hangar structure into three (3) individual condominium units located within Lease Parce11A The end result will be the creation of condominium Unit B-1, Unit B-2 and unit B-3. (Eagle County File No. 5MB-2172) Bob Narracci, Planning Chairman Pro-Tem Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that Item E could be pulled as the letter of credit had been extended. He further stated that Item K included four additional documents needing to be signed by the Chairperson in addition to the item on the agenda. Chairman Pro-Tem Stavney stated that Item H, I and J were on-call service agreements between Eagle County and a variety of different subcontractors. Tom Johnson spoke about the importance of having on-call agreements with the vendors. He stated that the county was trying to manage staff levels and these agreements were a way to attend to larger projects that the county did not have time to manage. Commissioner Runyon moved to approve the Consent Agenda, Items A-K, excluding Item E. Chairman Pro-Tem Stavney seconded the motion. Of the two voting commissioners, the vote was declared unammous. Citizen Input Chairman Pro-Tem Stavney opened and closed citizen Input, as there was none. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Chairman Pro-Tem Stavney 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 APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Eagle-Vail Original Sports Bar, LLC Paddy's Robert Swimm, Owner 40801 Hwy 6 - Avon (Eagle-Vail), CO Temporary Permit Kathy Scriver None DESCRIPTION: Eagle-Vail Original Sports Bar, LLC has applied for the Transfer of the Hotel and Restaurant Liquor License currently held by Eagle-Vail Restaurant Group, LID d/b/a Paddy's. The applicant has submitted all ofthe 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: 2 04/27/2010 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, fmancial 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. 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 applicant had applied for the transfer of the Hotel and Restaurant liquor license currently held by Eagle-Vail Restaurant Group, LTD d/b/a Paddy's and had requested a temporary permit to allow them to operate during the time it took to process the transfer. The applicant, Mr. Swimm stated that the current owner had been in the business for many years and was anxious to get out of it. He was looking forward to reinventing the restaurant and improving the food quality. Beginning May 1 sl he hoped to have all the servers that weren't currently TIP's trained certified. Commissioner Runyon asked about the plans to upgrade the menu. Mr. Swimm stated that he intended to improve the quality of the food, add lighter food options to the menu, and offer healthy choices. He hoped to expand with breakfast service on the weekends. Commissioner Runyon wished the applicant the best. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Eagle-Vail Original Sports Bar, LLC d/b/a Paddy's, 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. Chairman Pro-Tem Stavney 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. Chairman Pro-Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. First Quarter Interest Report Treasurer's Office Representative Karen Sheaffer stated that the first quarter was 16% collected. All interest was distributed to the county general fund unless the board chose otherwise. She explained that the interest percentages were on the long term investments. Commissioner Runyon asked if the county was getting a lower rate of return on investments. 3 04/27/2010 Ms. Sheaffer stated that several factors needed to be considered. She stated that expectations needed to be re-adjusted because until something changed in the financial world this trend would continue. It was not realistic to think the county would make the same rate of return when interest rates had been down the last 3 years. Chairman Pro-Tem Stavney wondered if the open space funds were taken out of the 2010 projections. Ms. Sheaffer stated that they were taken out. Commissioner Runyon asked about the other funds in which funds were invested and wondered why they weren't included in the report. Ms. Sheaffer stated that per Colorado State statutes all interest must be receipted into the general fund unless the BoCC specifically designates other funds.. Commissioner Runyon wondered about the other funds. Ms. Sheaffer stated that the other funds did not receive interest. Resolution 2010-043 Adopting a Second Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2010, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Accounts Finance Department Representative Mr. Lewis presented the request. He stated that the changes discussed earlier had been incorporated. The total request was for $944,788.00 of that $198,209.00 was for the general fund. Of the $198,000, $2,604 was additional revenue; $195,605.00 would come out of the contingency fund. For all funds, there was additional revenue of$80,604. The unallocated fund balance used for additional appropriations was $567,263.00, the restricted fund balance $13,129.00, and transfers in $13,548.00. He summarized the line items in Exhibit A. He stated that the county annual budget books were available and any information that the public would like about the 2010 budget and the supplementals would be available online. Commissioner Runyon spoke about the drop in building permit fees, etc and the need to re-assess. He wondered if a work session was necessary to discuss this drop in revenue. Mr. Lewis stated that he would discuss the numbers with the Treasurer and see what other adjustments needed to be made. Mr. Montag believed it was time to have a comprehensive look at revenues and expenditures. Commissioner Runyon moved to approve the resolution adopting a second supplementary budget and appropriation of anticipated revenues for fiscal year 2010, and authorizing the transfer of budgeted and appropriated monies between various spending accounts. Chairman Pro-Tem Stavney seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Resolution 2010- 044 Re-adoption of Temporary Regulations to Prohibit Cultivation and Production of Medical Marijuana within Unincorporated Eagle County by Persons or Entities other than Patients or Primary Caregivers Bob Narracci, Planning Mr. Narracci stated that the temporary regulations expired today, April 22nd. He expected the permanent regulations to be presented to the Board by mid-June. The draft regulations were available on the county website. Mr. Treu stated that the temporary regulations allowed patients to grow marijuana but not primary caregivers. Chairman Pro-Tem Stavney asked if the cultivation of marijuana was addressed by state legislature. Mr. Treu stated most of the legislation dealt with the dispensaries and patient position. Cultivation was not addressed and there were several other issues that still needed to be hammered out. Mr. Narracci stated that this was a 30-day extension. 4 04/27/2010 Commissioner Runyon moved to re-adopt the temporary regulations to prohibit cultivation and production of medical marijuana within Unincorporated Eagle County by persons or entities other than patients or primary caregivers Chairman Pro-Tem Stavney seconded the motion. Of the two voting commissioners, the vote was declared unammous. Abatement Hearings Assessor's Office Representative Petitioner Schedule No. R044764 R040935 R016358 R028430 Redfearn Enterprises CCW Interests Dowd Dev. Co. Morris Mr. Treu stated that these were Assessor generated abatements. Commissioner Runyon moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be approved for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Matthew and Andrea Morris - - Daryl and Rebecca White Redfearn Enterprises CCW Interests Inc. Dowd Dev. Co. Schedule No. R028430 R044764 R040935 R016358 Chairman Pro-Tem Stavney seconded the motion. Of the two voting commissioners, the vote was declared unammous. Eco-Build Community Grant Review Adam Palmer, Planning 1. Eagle-Vail Pool Solar Thermal System 2. Town of Eagle Facilities Furnace Replacements Recorded Work Session - Landfill Solar Project Adam Palmer, Planning Recorded