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Minutes 08/10/10 PUBLIC HEARING August 10, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Resolution 2010 -091 Regarding Recognition of Service for Golden Eagle Elderly Housing Board Members Roxie Deane and Johnnette Phillips Leona Perkins, Golden Eagle Chairman Fisher spoke about Johnnette Phillip's service to the county as former Clerk and Recorder and County Commissioner. She has been a strong community member and had always had interest in the senior community. She had also been part of Seniors on Broadway and the Golden Eagle Facility. She continued to be part of senior service discussions in the county for future facilities. She also thanked Roxie Deane for her service. Commissioner Stavney spoke about Ms. Deane's service to the Golden Eagle Housing Board. Roxie served four years on the board. She had a long -term dedication to the health industry in the county. He read the resolution for the record. Jill Klosterman spoke about this award. She thanked the recipients for their work on the board. Commissioner Stavney moved to approve the resolution regarding recognition of service for Golden Eagle Elderly Housing Board Members Roxie Deane and Johnnette Phillips. Commissioner Runyon seconded the motion. The vote was declared unanimous. Ms. Phillips spoke to the board. She stated that she had enjoyed representing the seniors for the years she served on the board. She thanked the board for the recognition. 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 09, 2010 (subject to review by the Finance Director) Finance Department Representative B. Agreement between Eagle County and Stan Miller for Gypsum to Dotsero Trail Ellie Caryl, Eco Trails C. First Amendment to Employee Wellness Program Agreement Human Resources Representative D. Resolution 2010 -092 Concerning Hearings on Taxpayer Generated Petitions for Abatements and Refunds of Taxes Assessor's Office Representative E. Agreement between Eagle County and Vail Valley Charitable Fund for Dental Services Sherri Almond, Health & Human Services 1 08/10/2010 Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were none. Commissioner Stavney moved to approve the Consent Agenda, Items A -E. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher 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. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Adam's Mountain Country club, LLC d /b /a Adam's Mountain Country Club #12- 15462 -0000 This is a renewal of an Optional Premises License in Unincorporated Eagle. 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. Connellys, LLC d /b /a E -Town Colorado #28- 45422 -0000 This is a renewal of a Hotel and Restaurant License in Edwards (Riverwalk). 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 Delta Whiskey, Inc. d/b /a Splendido at the Chateau #35 -12299 -0000 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. D. drink!, Inc. d/b /a drink! #41- 76461 -0000 This is a renewal of a Retail Liquor License in Edwards (Edwards Corner). 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. The applicant is also requesting a tasting permit to continue in -store tasting. E. Edwards Liquor Mart, Inc. d /b /a Riverwalk wine & Spirits #23- 77593 -0000 This is a renewal of a Retail Liquor 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. The applicant is also requesting a tasting permit to continue in -store tasting. F. DB Enterprise, Inc d/b /a Golden Eagle Inn #42- 49791 -0000 2 08/10/2010 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. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Liquor Consent Agenda for August 10, 2010, consisting of Items A -F. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: Habitat for Humanity of Eagle and Lake Counties, Inc. REQUEST: Special Events Permit EVENT: "Wicket on the Ranch" DATE OF EVENT: August 22, 2010 REPRESENTATIVE: Rick Mueller, President Kristi Mood, Event Manager LOCATION: 001 Sporting Clay Way, Wolcott — Lazy J Ranch STAFF REPRESENTATIVE: Kathy Scriver STAFF CONCERNS / ISSUES: None DESCRIPTION: Habitat for Humanity of Eagle and Lake counties, Inc., a non - profit organization dedicated to building affordable homes in partnership with families in need has requested a special events permit for an event being held at the Lazy J Ranch Sunday, August 22n from 3 — 7 p.m. Food service will be provided by Moe's Original Barbeque. STAFF FINDINGS: 1. All fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on July 30, 2010, 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided a detailed alcohol management plan and diagram. 5. The applicant has provided proof of server training. DISCUSSION: Kristie Moon was present on behalf of the applicant. She spoke about the event, which would raise funds for Habitat for Humanity international building efforts. The event would take place from 3:00 p.m. to 7:00 p.m. at the Lazy J Ranch. She provided details of the event. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Habitat for Humanity application for a Special Events Permit for the "Wicket on the Ranch" event being held at Lazy J Ranch on August 22, 2010 from 3 — 7 p.m. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: Eagle Valley Humane Society REQUEST: Special Events Permit 3 08/10/2010 EVENT: "Art Battle" DATE OF EVENT: August 28, 2010 REPRESENTATIVE: Char Quinn, Event Manager LOCATION: 210 Edwards village Blvd., Edwards — Alpine Art Center STAFF REPRESENTATIVE: Kathy Scriver STAFF CONCERNS / ISSUES: None DESCRIPTION: Eagle Valley Humane Society has requested a special events permit for an event being at the Alpine Arts Center on Saturday, August 28, 2010 from 5 p.m. to 12 a.m. STAFF FINDINGS: 1. All fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on July 30, 2010, 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided a detailed alcohol management plan and diagram. 5. The applicant has provided proof of server training. DISCUSSION: Char Quinn could not attend the meeting due to a family emergency. Glen Samuelsson spoke about the event. The date of the event is August 28 Art would be created live and on the spot during the three -hour window. The event would include food and liquor. It would be held at the Alpine Art Center in the commercial park on Edward's Boulevard. They expected between 15 and 20 participants. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Eagle Valley Humane Society's request for a Special Events Permit for an event being held at Alpine Art Center in Edwards on Saturday, August 28 from 5 p.m. — 12 a.m. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: Eagle Valley Humane Society REQUEST: Special Events Permit EVENT: "Harvest Party" DATE OF EVENT: September 18, 2010 REPRESENTATIVE: Char Quinn, Event Manager LOCATION: 538 Eagle Road, Avon (Eagle Vail) — Eagle Vail Pavilion STAFF REPRESENTATIVE: Kathy Scriver STAFF CONCERNS / ISSUES: None DESCRIPTION: Eagle Valley Humane Society has requested a special events permit for their annual "Harvest Party" event. The event is being held at the Eagle Vail Pavilion on Saturday, September 18, 2010 from 5 p.m to 12 a.m. and will include a night of fun, food, and wine tasting. The "Harvest Party" is an annual fundraiser joined by 10 local restaurants, celebrated since September 2000. STAFF FINDINGS: 4 08/10/2010 1. All fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on July 30, 2010, 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided a detailed alcohol management plan and diagram. 5. The applicant has provided proof of server training. DISCUSSION: Marie Shipley was present for the applicant. She explained that the event would be a wine and food- tasting event. Tickets were available through the Human Society or at Wags and Whiskers. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Eagle Valley Humane Society request for a Special Events Permit for the "Harvest Party" event being held at Eagle Vail Pavilion on September 18, 2010 from 5 p.m. — 12 a.m. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: Hung -Jen Yen, Individual DBA: Henry's Chinese Cafe REPRESENTATIVE: Hung -Jen Yen, Owner LOCATION: 175 Main Street - C101, Edwards REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: On July 29, 2010, Mr. Yen submitted an application to transfer a Hotel and Restaurant liquor license from Fiesta Jalisco Numero Quince, LLC d/b /a La Valentina to Hung -Jen Yen d/b /a Henry's Chinese Cafe and has requested a Temporary permit to allow him to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously 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 includes the name and address of the applicant, the names and addresses of the president, vice - president, secretary and managing officer, the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed. 4. The application for the Temporary Permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. 5 08/10/2010 STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Mr. Yen explained his business plan. He was already open for business and looking forward to offering liquor service under a temporary permit. He worked in Vail in the past and has 20 years of restaurant experience at the May Palace. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Hung -Jen, Yen d/b /a Henry's Chinese Cafe 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 Runyon seconded the motion. 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 Stavney seconded the motion. The vote was declared unanimous. Eagle County Government Administrative Policy No. 5 - Information Requests and Use of County Resources/Facilities for Campaigning Purposes County Attorney's Office Representative Bryan Treu Mr. True explained that this was a slight re -draft of a previous policy. It offered a way to balance the needs of elections with the campaign process. Commissioner Stavney stated that most of the policies were repeated in other rules and statutes, but this document would be very helpful as they consolidated the information in one place. He believed that the limit on any candidate, especially those who were in office appearing on the television station was too strict, but would not object to the entire policy document due to this objection. Chairman Fisher opened and closed public comment, as there was none. Commissioner Runyon wondered if this document had been reviewed by the two major parties. Mr. Treu indicated that it did not. Commissioner Stavney moved to approve the Eagle County Government Administrative Policy No. 5 Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution Adopting Financial Management Policies Cindy Preytis, Finance Department spoke to the board. Ms. Preytis spoke about the policy manual. The major changes had already happened. Commissioner Stavney thanked the finance department for their work on the document. Chairman Fisher stated that she would prefer tabling the resolution until a future meeting so she would have time to study the changes. Commissioner Stavney moved to table the Financial Management Policies until August 24, 2010. Commissioner Runyon seconded the motion. The vote was declared unanimous. 6 08/10/2010 Receive public Input, discuss and provide direction on whether to include Board of County Commissioner Term Limit question on November Ballot County Attorney's Office Representative Diane Mauriello Ms. Mauriello reviewed a document she prepared with additional information and the responsibilities board members faced. Commissioner Runyon suggested that the two attorneys present the different sides of the issue. Mr. Treu stated that opponents believed that serving was not supposed to be a career and there was a better way to have checks and balances. The arguments against the limits included the fact that being a commissioner was a lot more complex than it used to be, especially considering the external board participation that commissioners join. It was hard to say. Commissioner Stavney asked if any of the other elected officials had term limits. Mr. Treu stated that none had any limits at the county level, yet the District Attorney had a limit of two terms. Commissioner Runyon stated that he did not intend to run for a third term. However, did see the value of extending terms to have the right to keep valuable leaders in these positions. Chairman Fisher was also uninterested in running for a third term but believed this was the best option for the county. Commissioner Stavney agreed. Voters should have the right to select their commissioners without regard for term limits. Chairman Fisher experienced term limits as the county clerk and was not happy about the situation. She spoke about the reasons that she ran for county clerk. If she were re- elected this November, she would have served 16 years of her life in the public sector and felt she should go back to the private sector. There were always decisions about who would best represent the board in the various situations. She made more money in the private industry with the exception of the quality of the insurance coverage. She believed that the addition of this question would not add any expense to the ballot. Commissioner Stavney suggested that people read the proposed ballot language prior to the resolution on the matter being adopted. Commissioner Stavney moved to direct staff to prepare a resolution including the question on the November 2, 2010 General Election ballot. Commissioner Runyon seconded the motion. The vote was declared unanimous. Receive public input, discuss and provide direction on whether to include Medical Marijuana question on November Ballot County Attorney's Office Representative Diane Mauriello Ms. Mauriello explained the issue. Definitions about Medical Marijuana were added to the future resolution. Commissioner Stavney spoke about the legislative action on this issue in the past session allowing licensing and regulation and giving the right for subdivisions to ban these dispensaries. He wants to go back to the voters because a lot of education has occurred in the past 10 years since the last time the question was asked in the county. He suggested asking the voters if they would like these dispensaries to be banned altogether. The towns of Avon, Gypsum, and Vail have banned them already and Eagle and Minturn were putting the question to the voters this fall. Chairman Fisher clarified that counties cannot require business licenses. Since these shops have opened the amount of knowledge and nature of the concerns had become clearer. The county had attempted to gain the authority to require business licenses, which would provide many benefits. There was more interest in this concept now than there had been in the past. Commissioner Runyon agreed that 10 years ago this question passed on a theoretical basis. He felt it was appropriate to ask the question again. Chairman Fisher indicated that the question would be advisory, not mandatory. 7 08/10/2010 Commissioner Runyon wondered if anyone was concerned about the double negative potential of the ballot question. Mr. Treu stated that this had been discussed and it was decided that it would be a bit of a reverse question, however the legislature gave power to the board to prohibit these operations. Chairman Fisher stated that this would not be a Tabor question and should not be in all caps. Commissioner Runyon moved to direct staff to draft a question putting this question to the voters in the November 2, 2010 General Election. Commissioner Stavney seconded the motion. He indicated that the board would follow the voter's direction. Chairman Fisher stated that she wasn't so sure. Commissioner Runyon stated that he intended to follow the voter's direction. The vote was declared unanimous. Future Meeting Agendas Mr. Montag asked for a quick meeting about housekeeping issues related to the continuum of care meeting. He reminded the board that the Gypsum Town Council meeting has been postponed. Budget Update John Lewis, Finance Gypsum Town Council Meeting Planning Files There were none There being no further business before '�`' :.rd, the meeting was adjourned until August 17, 2010. Attest: / �1u edI \lie �j Clerk to the Board Chairman `\. 8 08/10/2010