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Minutes 04/29/14 PUBLIC HEARING April 29, 2014 Present: Jill Ryan Chairman Sara Fisher 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 Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of April 28,2014(Subject to Review by the Finance Director) John Lewis,Finance 2. Resolution 2014-034 Authorizing the Clerk and Recorder's Office,Including the Motor Vehicle Office,to Close to the Public the Day of the Primary Election,June 24, 2014, and the General Election,November 4, 2014 Teak Simonton, Clerk and Recorder 3. Resolution Approval of the Modification of Chapter III of the Eagle County Building Resolution Vance Gobossi,Building 4. Grant Recipient Agreement between Eagle County and Response: Help for Survivors of Domestic Violence and Sexual Assault Rachel Oys,Administration 5. Grant Recipient Agreement between Eagle County and Vail Valley Charitable Fund for the Eagle County Smiles Program Rachel Oys,Administration 6. Agreement between Eagle County and Signature Systems Group,LLC for Portable Flooring Material for the Eagle River Center Ron Siebert,Facilities Management 7. Agreement between Colorado Department of Public Health and Environment and Eagle County Public Health and Environment to provide Family Planning Services Jennifer Ludwig,Public Health and Environment Bryan Treu, County Attorney stated that item 3 would be brought back at a later time. The modification of Chapter III of the Eagle County Building Regulations would go through the Planning Commission and referral process first. The modification addressed the sprinkler requirements for green houses used for marijuana cultivation. Teak Simonton spoke about the resolution authorizing a closure in the Motor Vehicle Offices during the Primary and General Elections. Typically she had closed the office for the November elections but with the 1 04/29/2014 election processes ever increasing, staff was needed to perform election duties. It was difficult to conduct complex motor vehicle transactions and keep the office open with half the staff. Commissioner Chandler-Henry moved to approve the Consent Agenda for April 29, 2014, as presented, excluding number 3. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Air Terminal Corporation. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Greg Phillips,Airport 8. Consent of Assignment of Concession Agreement for Operation of Rental Car Services,Assignment from Advantage Rent a Car to Frontier Rental,Inc. (Dollar Thrifty) Mr. Phillips stated that the last fall,Eagle County Air Terminal Corporation entered into an agreement with Advantage Rent a Car,the national company filed bankruptcy which put the local operation in jeopardy and they were unable to initiate operations in Eagle County. Therefore,the fifth bidder,Dollar Thrifty was selected and the agreement would formalize the arrangement. Mr.Montag moved to approve the assignment of concession agreement for operation of rental car services, assignment from Advantage Rent a Car to Frontier Rental, Inc. Ms. Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Air Terminal Corporation and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 9. New New,LLC d/b/a Hooked #47-01535-0000 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 and proof of server training has been provided. 10. Ti Amo,Inc. d/b/a Ristorante Ti Amo #03-89678-0000 2 04/29/2014 Renewal of a Hotel and Restaurant License in Eagle-Vail.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 and proof of server training has been provided. 11. DKM Associates,LLC d/b/a Juniper Restaurant #15-30721-0000 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 and proof of server training has been provided. Other 12. DKM Associates,LLC d/b/a Juniper Restaurant #15-30721-0000 Report of Change-Kirk Kelly has resigned as a member of DKM Associates. Douglas Abel is now the sole owner. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for April 29, 2014, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 13. Transfer of Ownership/Temporary Permit-Henry's Pho& Grill,Inc. DBA Henry's Pho& Grill APPLICANT: Henry's Pho& Grill, Inc. DBA: Henry's Pho& Grill REPRESENTATIVE: Yung-Jen Yen AKA Henry—Owner LOCATION: 34500 US Hwy 6—Edwards Business Center Unit B 1-3 REQUEST: Transfer of Ownership/Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has applied for the transfer of a Hotel and Restaurant liquor license and is requesting a Temporary permit to allow them 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. Rancho Viejo,Inc. d/b/a Log Cabin Sports Bar&Grill currently holds the license. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the State and Local Licensing Authority,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. 3 04/29/2014 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. DISCUSSION: Ms. Scriver presented the request. She indicated that everything was in order and that staff had no concerns with the request. The restaurant was not open yet and the temporary permit would not be issued until a confirmation from the Environmental Health office was received confirming the issuance of the food license. The applicant was also required to apply for a modification as he planned to use half of the currently licensed premise as a gift shop. The board would have the opportunity to consider that at the final hearing. Mr. Yen stated that he was the owner of Henrys in Riverwalk and had never had a violation of the liquor code. The new restaurant would be very simple. He would offer Korean and Vietnamese food. The restaurant would close at 9 pm,perhaps 10 pm at the latest. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Henry's Pho&Grill, Inc. d/b/a Henry's Pho&Grill 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. The vote was declared unanimous. Commissioner Chandler-Henry 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. Work Session Mid Valley Trails Activities Temple Glassier,Mid Valley Trails Committee Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Board of Health. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Board of Health Public Hearing to Consider Adoption of the Eagle County Public Health Agency On-site Wastewater Treatment System Regulations Ray Merry, Environmental Health Mr.Merry stated that the Colorado Water Quality Control Commission(WQCC)adopted new state-wide regulations(Regulation 43) effective June 30,2013 establishing new minimum standards for On-site Water Treatment Systems (OWTS). Local Public Health Agencies were required by to have their own regulations to be in effect by June 30,2014.The goal was to allow local jurisdictions flexibility to deal with difficult sites. He introduced Don O'Dell with Holland Creek Metropolitan District. The draft regulations were sent to the state 30 days prior to the public hearing. He believed the regulations were in Conformance with the state regulations. A resolution adopting the regulations would be placed on the consent agenda May 13,2014. The current regulations would remain in effect until new OWTS regulations became effective. If approved the effective date would be June 27, 2014. Information about the proposed regulations could be found on the county website. He believed there was 4 04/29/2014 value in making sure that systems got maintained and may have been the one thing that led to the changes to the existing rules. He believed there was a public health benefit to having some sort of monitoring maintenance occur. Licensing installers and cleaners would continue and there could be a possible source of additional revenue. Those seeking a permit must have a well-designed treatment system through the land use process. The new requirements in Regulation 43 required that his staff attend some training to be recognized as competent technicians. They would have to do more testing in the field,more time in design and submit a report with all applications. His office issued about 100 permits a year. Chairman Ryan opened public comment Mr. O'Dell stated that he'd been involved in the process and didn't believe what was come up with at the state level was perfect but was an improvement over what was had. At the county level there were a lot of things to implement but it was the right approach for the county. Chairman Ryan wondered what was discussed by the focus groups. Mr.Merry stated that the first approach was to insure that the Board of Health had good pro and con rational to consider and understand the recommendations. Chairman Ryan asked Mr. O'Dell if he was comfortable with the proposal. Mr. O'Dell believed that overall,they were the best solution. Commissioner Chandler-Henry believed it was great that there had been so much industry input. She believed there was value to having it be separate from the land use regulations. Mr.Montage asked if the fees had changed. Mr.Merry stated that the fees were last reviewed in 2012. The fees relative to On-site Wastewater were capped by the state. His office charges $800 for an on-site wastewater treatment system permit. Commissioner Chandler-Henry moved that the Eagle County Local Public Health approve and adopt the Eagle County Local Public Health Agency On-site Wastewater Treatment System(OWTS)Regulations as presented by staff. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Board of Health and re-convene as the Board of County Commissioners. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Work Session Camp Hale/Eagle Headwaters Treasured Landscapes Campaign Status Cliff Simonton,Planning Dave Neely,White River National Forest Eagle/Holy Cross District Ranger Matt Grove,White River National Forest/Holy Cross Fisheries Biologist { c There being no further business before t 144 -eting was .djou ed 1 May ., 2014. • Vi 4. Attest: r .r► e, aspa Clerk to the Board C an f 5 04/29/2014