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Minutes 10/26/10 PUBLIC HEARING October 26, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Kathy Scriver Deputy 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 -129 Designating the Month of October as Domestic Violence Awareness Month Sheri Mintz, Bright Future Foundation Ms. Mintz stated that teen dating violence was this year's theme. The foundation's mission was to intervene and provide prevention. Dr. Cassie Wolfington, clinical coordinator spoke about teen dating violence in America. The stats indicated that 25% of teens report experiencing verbal abuse, 10% of Eagle County High School endorsed being forced to have sex. She spoke about the youth that were at risk and how the foundation helped promote healthy relationships. She spoke about the youth advocacy division and the psychosocial services they provide. They also provided after school programs for many of the schools in the community. Commissioner Stavney stated that he appreciated the services that the foundation provided. Commissioner Runyon believed that the community needed to whittle away at the numbers and work at educating the youth. He also expressed his appreciation for the services provided by the foundation. Ms. Mintz stated that their referrals were increasing but part of that was awareness. She believed the awareness was important and encouraged parents to have open conversations with their children. Chairman Fisher thanked the foundation for their efforts and presence in local schools. She believed that parents needed to use the resources available to them to make a difference in their children's lives. This was a community wide effort and everyone needed to take ownership. Commissioner Stavney read the resolution into the record and moved to approve the resolution designating the Month of October as Domestic Violence Awareness Month. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Fisher encouraged this to be a year around goal and that everyone work in partnership to accomplish the reduction in incidents. Habitat for Humanity - ECO Build Grant Check Presentation Elise Howard, Habitat for Humanity of Lake & Eagle Counties Adam Palmer spoke about the Habitat Team and their work in the community. The grant was presented to Habitat for Humanity for their work on the Fox Hollow development. He spoke about Jim Himmis, the construction manager's attention to detail. John Welaj, Executive Director thanked the board for their support and partnership. Chairman Fisher spoke about Jim Himmis' retirement and hoped his mentorship and guidance would be available. Commissioner Runyon spoke about the number of homes built by the organization. He expressed his appreciation to Mr. Himmis' consistency to serve the community over the years. 1 10/26/2010 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 October 25, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for November 4, 2010 (subject to review by the Finance Director) Finance Department Representative C. Agreement between Eagle County, Colorado and Vail Honeywagon Enterprises, Inc. to provide transportation of Recyclable Material Ron Rasnic, Solid Waste & Recycling D. Resolution 2010 - 130 Concerning Appointments to the Eagle Cemetery District Board County Attorney's Office Representative Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes or concerns. Commissioner Runyon moved to approve the Consent Agenda, Items A -D. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Other Chairman Fisher spoke about Ron Rasnic's decision to take early retirement. She spoke about his 16 years of service to Eagle County. The landfill had exceeded all of the standards required by the stated and federal government. She spoke about his ability to utilize the space to its greatest capacity. Throughout the organization, he had been a leader. His skill set and commitment precedes him. She thanked him for all he had done for Eagle County. Commissioner Runyon added that over his 16 years he had transformed a dump to a landfill, solid waste management facility and moved the county towards an environmental recycle center. His leadership would be sorely missed. Mr. Rasnic stated that the success that he had seen would not have been possible without the support of staff and management. Resolution 2010 -131 Acknowledging the Dedicated Public Service of George McCollum and Sara Gregg as Eagle Cemetery District Board Members County Attorney's Office Representative Chairman Fisher stated that Mr. McCollum and Sara Gregg were unable to attend the meeting. Commissioner Stavney spoke about their years of public service. 2 10/26/2010 Commissioner Runyon read the resolution into the record and moved to approve the resolution acknowledging the Dedicated Public Service of George McCollum and Sara Gregg as Eagle Cemetery District Board Members. Commissioner Stavney seconded the motion. The vote was declared unanimous. Chairman Fisher shared that the consent agenda included a resolution concerning appointments to the Eagle Cemetery District Board. She acknowledged that the new appointees were Patricia Hammon, Kathy Heicher and Marlene Kunkel for their willingness to serve the community. Resolution 2010 -132 Adopting Third Modification of Miller Ranch Housing Guidelines and Eagle County Local- Resident Housing Guidelines Administrative Procedures Housing & Development Representative Kim Bell Williams stated that the last modification to the guidelines was in January of 2007. They had been working on the modifications for the last 24 months. Since the last modification, they had seen some changes in Miller Ranch. Houses were becoming older and there had been some changes in the market and demand. The guidelines had not changed. However, the administrative procedures were changed to clarify that there would be some improvements that an owner could perform on their property that were structural that could be included in the base price of the property. She believed this would allow for a better system that would encourage owners to keep their property in better condition for resale. Commissioner Stavney stated that he was confused with the language on page 11, which outlined which permitted capital improvements increase the base price. However, a sentence on page 13 seems to be contradictive. Ms. Williams clarified the statement and stated that some of the language was from the original deed restrictions as well as the current guidelines. Commissioner Stavney stated that he was satisfied. Chairman Fisher believed that Ms. Williams took great pride in her job and she appreciated her work with the homeowners. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved to approve the resolution adopting the Modification of Miller Ranch Housing Guidelines and Eagle county Local- Resident Housing Guidelines Administrative Procedures. Commissioner Runyon seconded the motion. The vote was declared unanimous. 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 APPLICANT: Eagle County Charter Academy REQUEST: Special Events Permit EVENT: Fundraiser DATE OF THE EVENT: November 12, 2010 REPRESENTATIVE: David Courtney, Event Manger LOCATION: Singletree Community Center — 1010 Berry Creek Road, Edwards Colorado 81632 STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None 3 10/26/2010 DESCRIPTION: The applicant has requested a special events permit for a fundraising event being held at the Singletree Community Center on Friday, November 12, 2010. This is an "adult -only" wine tasting event. The doors will open at 6 pm and the tasting expected to end at 7:30 pm. Appetizers will be provided from various local restaurants. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees for the permit. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on October 15, 2010, 10 days prior to the hearing.. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided proof of server training and an alcohol management plan per the requirements of the Eagle County Local Licensing Authority. DISCUSSION: Ms. Scriver presented the applicant's request. David Courtney, the event manager spoke. The wine tasting would benefit the Eagle County Charter Academy computer lab, which would be refurbished next summer. Chairman Fisher recommended that the applicant be mindful of the occupancy as it was a small venue. Commissioner Runyon also shared Chairman Fisher concern with the size of the facility. Commissioner Stavney wondered why the applicant did not include the entry and deck area. Mr. Courtney believed it would be easier to confine people to a smaller area in order to maintain control of the area. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Events Permit application for the Eagle County Charter Academy fundraising event being held at the Singletree Community Center on November 12, 2010 from 6 - 9:00 p.m. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: Roaring Fork Rotary Club Foundation/Club Rotario REQUEST: Special Events Permit EVENT: Rodeo Mexicano REPRESENTATIVE: Elizabeth Ruiz, Event Manager Roberto Hermosillo — Rodeo Event Manager Salvador Balderas — Entertainment Event Manager LOCATION: Eagle River Center — 794 Fairgrounds Road, Eagle STAFF REPRESENTATIVE: Kathy Scriver STAFF CONCERNS / ISSUES: None DESCRIPTION: The applicant, a non - profit organization has requested a special events permit for an event being held at the Eagle River Center on Sunday, November 21, 2010. Alcohol will be served from noon until 9:00 pm; additional time has been requested on the application to allow for set -up and teardown. Beer and wine coolers will be served within a designated area and TIPS certified organization members would be serving the alcohol. Diamate Security will be providing security personal for the event. The funds raised from the event will provide 4 10/26/2010 scholarships and support educational programs in the community. The applicant held a similar event at the Eagle River Center on October 11, 2009 without incident. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees for the permit 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on October 15, 2010, 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided proof of server training. DISCUSSION: Ms. Scriver presented the applicant's request. The applicant held a similar event at the Eagle River Center on October 11, 2009 without incident. The applicant had met all the requirements and submitted the correct fees. She introduced Elizabeth Ruiz the Event Manager, Roberto Hermosillo, the Rodeo Manager, and Salvador Balderas, the Entertainment Manager. Ms. Ruiz spoke about the success of the last event. The arena would be smaller at this event. Chairman Fisher asked the number of club members. Ms. Ruiz stated that there were 29 active members and9 were TIPS trained. They were able to present 17 scholarships for local students. Mr. Hermosillo stated that the rodeo would be the same as the last event. Chairman Fisher encouraged the use of helmets. Mr. Balderas stated that the last event was a success. He spent time with the Fire Marshall to insure that everything was as it should be. Commissioner Runyon asked about the diagram and the area to be licensed. Ms. Scriver indicated that the applicant wanted to license a beer garden. Ms. Ruiz stated that the club members felt more comfortable with a small beer garden. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Events Permit for the Roaring Fork Rotary Club event being held at the Eagle River Center on November 21, 2010, from 8:00 a.m. to 9:30 p.m. Commissioner Stavney 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. Resolution 2010 -133 Concerning Assessor Generated Petitions for Abatements and Refunds of Taxes Petitioner: Schedule No: Westerland Family Trust R050667 Thomas R. & Carol A. Poss R059158 Donna J. Rossetti Trustee R027141 Stephen H. Gamble Residence Trust Grace D. Gamble Residence Trust R056166 5 10/26/2010 Shannon Hurst, county appraiser stated that her office was requesting approval of all the abatements. Jack Musser was present on behalf of the Rossetti's. He read over the intentions and was pleased with the decision. Commissioner Runyon asked about the total impact to the county. Ms. Shannon stated that for the Rossetti property for 2008, the petitioner would receive $9,158.22 and for 2009, they would receive $13,957.48. Chairman Fisher spoke about the impacts to the county and other taxing entities. Commissioner Runyon moved to approve the resolution concerning Assessor Generated Petitions for Abatements and Refunds of Taxes. Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution Concernin g Taxpayer Tax a er Generated Petitions for Abatements and Refunds of Taxes Petitioner: Schedule No: Ari Mountain Center R059995 thru R060003 Ari Mountain Center R060006 thru R060012 Mark Chapin, County Assessor stated that this was a portion of the units within a condominium complex that was adjusted by the hearing officer. He disagreed with this decision. There was some evidence that would support the value his office placed on these properties. He believed that an approval would set an unfair completive edge for this property. His issue was that the hearing officer should have requested the appraisal that supported the deed of trust and the loan that was granted to the property owner. He believed that the value adjusted by the hearing officer was incorrect. Commissioner Stavney believed the burden of proof was on the Assessor in this case. Mr. Treu stated that there was no burden of proof by either party. Mr. Chapin stated that without all the evidence the best decision could not be made. He did not believe that the hearing officer for the board got all the evidence he needed to make the best decision. There was recorded documentation that supported a higher value. Commissioner Runyon believed there was a process and wondered if the board should go against the process. Mr. Chapin stated that the hearing officer was hired to render a recommendation on abatement petitions for the board. The board had the final say. He believed the hearing officer made a poor decision and requested that the board take that into consideration. He recommended tabling the file until there was an opportunity to get all the evidence. Chairman Fisher believed that the Assessor's Office was the advocate for fair representation of the market value thus the assessed value of the homes and properties throughout the county. It was not about the taxes it is about the assessment and the appraisals being fair, consistent, and concise throughout the county. Given the situation and the fact that not all parties were present, she believed that tabling the file was appropriate. Commissioner Stavney believed that questioning the hearing officer in a significant way might open a can of worms if others didn't like what the hearing officer had to say. He wondered about the board's intent with tabling the file. Commissioner Runyon wondered if the board should consider a continuance of the file pending more information. Mr. Treu stated that the hearing was closed but he advised that board to allow the hearing officer to respond. Chairman Fisher continuing the file would allow a discussion between the board, the assessor, and the hearing officer. Mr. Treu stated that there needed to be a public session. Mr. Chapin reiterated that all the information disclosed to the board was given to the hearing officer. The hearing officer chose to make a decision without all the information. If that puts him in a poor position as a hearing officer, then so be it. Mr. Treu stated that a decision needed to be made quickly due to time limitations. 6 10/26/2010 Commissioner Stavney moved to table the resolution concerning Taxpayer Generated Petitions for Abatements and Refunds of Taxes until November 9, 2010 Commissioner Runyon seconded the motion. The vote was declared unanimous. Other Mr. Treu stated that the Roaring Fork Rotary Club Foundation/Club Rotario had taken Commissioner Runyon consideration about expanding the licensed premises. It would be appropriate to re- convene as the liquor license board if they wanted to consider this and amend the motion. Commissioner Stavney moved to adjourn as the Board of county Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to re -open the liquor file and previous motion made. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Fisher stated that a modified map had been submitted that had taken into consideration the comments made by Commissioner Runyon. The beer booth would be expanded to include a food booth and tables; it did exclude the children's area and the arena area. Commissioner Runyon wanted to be sure that a substantial barrier would be in place around the licensed perimeter. Ms. Ruiz stated that the area would be secured by fencing. There would be 2security officers. There would be 2 entrances and exits. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Events Permit as amended for the Roaring Fork Rotary Club event being held at the Eagle River Center on November 21, 2010, from 8:00 a.m. to 9:30 p.m. Commissioner Runyon seconded the motion. The vote was declared unanimous. There being no further business bef. qat l+::. the meeting was adjourned until November 9, 2010. Attest: 41116 * - I -, Clerk to the Boar, _ 0� Cha �'� 16"-.4 � � 7 10/26/2010