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Minutes 01/14/14 PUBLIC HEARING January 14, 2014 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry 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: Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of January 13,2014(subject to review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for the January 23,2014(Subject to Review by the Finance Director) John Lewis, Finance 3. First Amendment to Agreement between Eagle County and WM Recycle America, LLC Ken Whitehead, Solid Waste&Recycling 4. Agreement between Eagle County and Carr Pro Rodeo for Production of the 2014 Eagle County Rodeo Rachel Oys,Fair&Rodeo 5. Intergovernmental Agreement between Eagle County and the Town of Avon for Geographic Information Services Scott Fleming, Geographic Information System 6. Agreement between Eagle County and W.R. Hopping and Company, Inc. for Professional Property Appraisal Services Christina Hooper,Attorney's Office 7. Colorado Department of Public Health and Environment, Colorado Immunization Program,Task Order Waiver#154 for Core Immunization Services R ,Health mn v 8. Grant Agreement ebecca Larson betweenHea Eagle&County Hua and Ser The ices Foundation of Trustees for The Family Learning Center Toni Rozanski,Health&Human Services 9. Amended Final Plat to Vacate Previously Platte, !, ' ding Envelope for Highland Meadows,Filing No. 2, Lot 25,and Create New Building Envelope '.g1 File No.AFP-4531) Scot Hunn,Planning /1"74V4 Commissioner Chandler-Henry asked for ad ' 'e ,ale ab its rOcc contract"" Tanya Dahlseid stated that Can Pro Rodeo wo responsible for the sound anti specialty act. They had done this for the last 6 years. Chairman Fisher believed the 75th annual rodeo would great fun and would take place July 23 -26th 2014. 1 01/14/2014 Commissioner Ryan asked for additional details regarding item 3. Ken Whitehead,Public Works Director explained the amendment for Recycle America. They were selected last year and service had not been great. The price was good but they had been put on notice that their services needed improvement. Tony Rozanski spoke about item 8. This was the first step of the new and revised partnership with the Family Learning Center. Through the contract the county would engage to provide quality service for children. Thanks to the community grant process the center and county would partner moving forward. There were 32 slots at the family learning center. Commissioner Chandler-Henry thanked the Family Learning Center's Board of Trustees and staff for attending and their efforts to keep this moving forward and providing services for kids, families,and early head start programs. Chairman Fisher believed it was a positive move forward. Commissioner Chandler-Henry moved to approve the Consent Agenda for January 14, 2014, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened citizen input. Barbara Allen believed there had been a shift in the county led by the CEO of the ski industry. Vail Resorts took a stand for families and public safety. The head of the school board was running for commissioner. Jason Glass preferred the 1,000 ft. distance which would take the sale of marijuana out of Edwards. She believed that there was 30 years of education behind alcohol and no education behind marijuana. She believed she was speaking for many people in the community that didn't understand what they were voting for. Eagle Valley Land Trust was realizing the cost to their endeavors if marijuana was grown on the agricultural land. The price of land would sky rocket and negatively affect the wildlife and the environment. She was not against the legalization of marijuana but wanted to maximize the money and public safety. Chairman Fisher closed citizen input. EL Jebel Community Center • Sopris Room Joint Meeting with Pitkin County BoCC 1. Introductions 2. Glassier acquisition and other open space partnerships 3. Strategic plan, current collaborations and future opportunities 4. Fire mitigation efforts and potential partnership-Basalt and Fryingpan 5. Roundtable • Infrastructure plans at Crown Mountain • Ace Lane project • Pro Cycling Challenge impacts • Other 6. Adjourn • There being no further business before t et': eting was adjourned until January 21,2014. • Attest: �' to+1'� � Clerk to the Boa d C/ an 2 01/14/2014 PUBLIC HEARING January 21, 2014 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry 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: Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of January 20, 2014 (Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of the Minutes of the Eagle County Commissioner Meetings for November 12,November 18 and November 19, 2013 Teak Simonton, Clerk and Recorder 3. Resolution 2014-003 Adopting Guidelines for Purchasing and Contracting Diane Mauriello,Attorney's Office 4. Intergovernmental Agreement between Eagle County and the Town of Gypsum for Animal Services Richard Molinari,Animal Services 5. Intergovernmental Agreement between Eagle County and the Town of Red Cliff for Animal Services Richard Molinari,Animal Services 6. 2013 Highway Users Tax Fund Mileage Certification Gordon Adams,Road&Bridge 7. Seventh Amendment to Master Agreement for Professional Engineering Services between Eagle County and KRW Consulting, Inc. for Engineering Services Ken Whitehead, Solid Waste&Recycling 8. Resolution 2014-004 Regarding the Matter of Landing Fees for the Eagle County Regional Airport Greg Phillips,Airport 9. Final Plat-Minor Type"B" Subdivision for McCoy Creek Cabins to subdivide Lot 3 to create two "cluster home" lots,Lot 3A and 3B (Eagle County File No. SMB-4584) Scot Hunn,Planning Greg Phillips spoke about item 8 regarding the increase in general aviation landing fees. Locally based aircraft or aircraft weighing less than 12,500 lbs.would not be charged. The landing fee would allow for additional revenue and offset maintenance for the runway and taxiway. Vail Valley Jet Center would begin collecting the fees beginning May 1, 2014. 1 01/21/2014 Commissioner Chandler-Henry asked Gordon Adams about item 6 and how the reimbursement for this year compared to prior years. Gordon Adams stated that the county received$.7 million last year and$2.1 million this year. The numbers went up and down annually. There were 13 different revenue sources and was based on the number of road miles. There were different formulas for each road classifications. Ken Whitehead stated that he would provide the board with the formulas and a summary of prior years. Commissioner Ryan moved to approve the Consent Agenda for January 21,2014, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Barbara Allen stated that she wished to speak so that she could save lives, save the environment,and improve her speaking skills. She questioned the location of marijuana establishments in the county because of the availability to those under age. Education was offered as a solution but she believed the education material was behind the times. A better solution would be to make marijuana unavailable and provide education. She expressed concern with marijuana use and people driving under the influence. Prominent citizens had been saying that they didn't know what they were voting for on Amendment 64. She had been receiving concerns from the community related to crime if marijuana were grown locally. The lawyer who was working on a Snowmass case researched Eagle County and came to the conclusion that marijuana would not be grown on agricultural land unless the Colorado constitution changed. Chairman Fisher stated that she appreciated that Ms.Allen had an interest in this topic but the information she was providing was not new and often hearsay. She asked that she minimize her visits and be respectful to her fellow commissioners. Ms. Allen believed she was providing new information. As a public citizen, should be able to make public comment. Her concerns were related to the Edwards location and she would continue to bring in new information. Commissioner Ryan stated that the board had already taken a vote on the issue and before voting she considered the research. The Studies indicate that in states with legalized medical marijuana,the usage rate among teens had either stayed the same or declined over time. According to the literature,regulation of substances such as alcohol,tobacco and marijuana have a positive impact on teen behaviors;therefore she was not likely to change her opinion. Ms.Allen stated that she was not arguing that marijuana shouldn't be legal she was just talking about location only. She would be more careful with her articles. Isaiah Mc Gregory from Colorado Springs,Katie Walker from Georgia, and an individual from Mexico City representing"Up with People"were present. Ms. Walker stated that they would be working with 100 students from 20 different countries. During the week there would be educational workshops at various schools in the county. They were organizing a musical event that would be held at the Eagle Valley High School on February 14 and 15. All the ticket proceeds will benefit the Youth Foundation. Commissioner Chandler-Henry asked about the community service projects they'd be doing. Mr.Mc Gregory stated that they'd be doing leadership workshops and cultural diversity workshops. Mr.Montag stated that the ECO board offered some transportation assistance for the group. Ms.Walker stated that the website was-upwithpeople.org/vailvalley for anyone interested in becoming a host family. Chairman Fisher welcomed the group with open arms into the valley. Chairman Fisher closed citizen input. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Local Liquor Licensing Authority. 2 01/21/2014 Commissioner Ryan seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 10. New Beer and Wine License APPLICANT: DELiTE &BOWL,LLC DBA: DELiTE&BOWL(Noodle House) REPRESENTATIVE: Xin Barron, Owner LOCATION: 175 Main Street Unit C-107 Edwards(Riverwalk) REQUEST: New—Beer and Wine Liquor License STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant submitted an application for a new Beer and Wine Liquor License on December 3, 2013. DELiTE&BOWL Noodle House is a Chinese Restaurant located in Edwards Riverwalk specializing in non-fried,no MSG,and handmade Chinese food.They offer authentic Chinese noodle soup bowls with many appetizers and sides that are traditional in China. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommended that the definition of the"neighborhood"include the area within a two-mile radius from the proposed location. Commissioner Ryan moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 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). 2. The Petition was circulated by the applicant. 3. Staff reviewed the petition entrees and approximately 76 signatures were collected favoring the issuance of the license. LIQUOR AUTHORITY CONSIDERATIONS: 1. 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. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university,or seminary. 3. Compliance with applicable zoning laws of the county. 4. Whether the fees have been paid. 3 01/21/2014 5. Whether the applicants are of good moral character. STAFF FINDINGS: 1. The applicant has 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 January 10, 2014 and publication in the Eagle Valley Enterprise on January 9 and January 16, 2014. 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. These findings have been made known, in writing,to the applicant and other interested parties, five(5)days prior to this hearing. 7. The applicant has submitted proof of possession of premises. 8. The Planning,Environmental Health, and Engineering Departments have expressed no concerns or issues with the application at this time. 9. Staff received no comments regarding this application from the Sherriff's Office,Building Department, or Treasurer. 10. The applicant has provided an alcohol management plan per the requirements of the Local Licensing Authority and will insure that all staff serving, selling,or dispensing alcohol will be server trained within 30 days of hire. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Beer and Wine liquor license. DISCUSSION: Ms. Scriver presented the request and indicated that staff had no concerns with the application. Chairman Fisher believed that the beer and wine license was appropriate for an establishment of such. She encouraged the applicant to invite the Sheriff's Office to speak to staff and provide a better understanding about the challenges of alcohol service. Commissioner Chandler-Henry moved that the Board find that there is a reasonable requirement and desire for the issuance of this license,therefore approve a Beer and Wine Liquor License for Delite&Bowl,LLC d/b/a Delite&Bowl 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 4 01/21/2014 Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Eagle County Housing and Development Authority. Commissioner Ryan seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 11. Insurance Policy for Riverview Apartments with Riverview Apartments Preservation LP as Insured and Truck Insurance Exchange as Insurer Jill Klosterman, Housing Ms. Klosterman explained that the insurance would cover business interruption insurance. Because the county's insurance agent was unable to provide the insurance,they had to go outside. The insurance was reported to be a good policy. Commissioner Chandler-Henry moved to approve the insurance policy for Riverview Apartments as presented and authorize payment from the Housing and Development fund. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Board of Housing and Development Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Manager Update • Communications • HR Update • Information Sharing • Discussion Items • BoCC Schedules Work Session (recorded) 12. Veteran Services Program Expansion Pat Hammon,Veterans Services There being no further business before the ., r` •- • eeting was adjourned until Ja a* 8, 2014. • 0%44 j '� ((Q at Attest: � Clerk to the Board ottiPSO Chai ) n �►� 5 01/21/2014