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MINUTES Or THE MEETING
VAIL BOARD OF TRUSTEES
FEBRUARY 9, 1970
Mayor Dobson called the meeting to order in the Manor
Vail Conference Room at 7:30 p.m.
ROLL CALL found the following members present:
Mayor John Dobson
Trustee Johnny Kaemmer
Trustee Richard Bailey
Trustee C.E. Kindel
Trustee Thomas Steinberg
Trustee Joseph Langmaid
Trustee John Donovan
Others present: Blake Lynch, Terry Minger, Stan
Bernstein
I. PROPOSED ORDINANCE NO. 1 of 1970
AVpropriating Sums of Money to Defray Expenses and
Liabilities of the Town of Vail, Colorado, for the Town's
Fiscal Year Beginning January 1, 1970, and Ending on
the Last Day of December 1970. Blake Lynch polled the
Trustees; they unanimously affirmed that they had read
and understood the proposed ordinance.
VOTE: Approve Proposed Ordinance Mo. 1
of 1970.
Mayor John Dobson: YES
Trustee Johnny Kaemmer: YES
Trustee Richard Bailey: YES
Trustee C.E. Kindel: YES
Trustee Thomas Steinberg: YES
Trustee Joseph Langmaid: YES
Trustee John Donovan: YES
Ordinance No. 1 of 1970 is hereby approved.
II. FINANCIAL REPORTS FOR DECEMBER AND JANUARY
These reports were reviewed by the Board; and, per
motion by Trustee Steinberg and second by Trustee
Bailey, the Board unanimously approved them.(
CONSIDERATION
ANDRSETTINGOFO E EAld?dGAT RE01V.70
Mr. Lynch advised the Board that a Petition for
Annexation of certain land involving the Sandstone 70
Condominium complex had been filed with him as Town
Clerk on February 9, 1970, and that the petition
substantially met the requirements of the Municipal
4DAnnexation Act of 1965. The members of the Board
discussed the various matters relating to annexing
the property in question and agreed that it would be
in the best interests of the town to annex the property
in accordance with the statutory provisions of the
State of Colorado. Whereupon, a motion was duly made
by Trustee Kindel, and seconded by Trustee Donovan,
which motion was carried unanimously by the members
of the Board, to adopt the following resolution:
RESOLVED: That a petition for annexation of
certain territory to the Town of Vail, Colorado
duly filed with the Town Clerk on the 9th day
of February, 1970, which property is more
particularly described in said petition which
is referred to herein and incoporated by
reference substantially with the requirements
of C.R.S. (1963) 139-10-6, as amended; said
petition has been signed by more than fifty
per cent of the owners of said property and
meets the requirements of the Municipal
Annexation Act of 1965; that it is desirable
to annex said territory to the Town of Vail;
that a public hearing shall be held at the
hour of 7:30 p.m. on Monday, March 23, 1970,
before the Board of Trustees at the Manor Vail
Conference Room, Town of Vail to determine
all matters relating to said annexation; and
that notice of said hearing shall be published
in accordance with the statutory provisions
pertaining thereto.
IV. DISCUSSION OF TV FRANCHISE AND REQUEST BY CABLE
COMPANY TO PROVIDE CHANNEL 2 SERVICE RATHER THAN
CHANNEL 6.
After review of the situation by Mayor Dobson, and
some discussion, the Trustees agreed that we should
request Cable TV to provide Channel 6 (NET) as soon
as practicable. Blake Lynch will prepare correspondence
to this effect.
MUNIDjjXtSSI0?L ONGSELECTING ARCHITECT FOR THE
BUILBecause of the reservations about the proposed
municipal site, Blake proposes hiring an architect to
work with us on evaluating this as well as other sites,
formulating cost estimates based on desired needs.
Blake and Trustee Bailey have already spoken to two of
the currently three architects under consideration —
Bruce Sutherland of Fritz Benedict in Aspen, and
John Anderson of Anderson -Barker. -Rinker in Denver.
He and Dick have an appointment with Harold Carver
on Thursday. Trustee Bailey remarked that $500
to $1,000 should be the maximum allocation for a
land use evaluation by an architect. Trustee Donovan
made motion to empower Trustee Bailey and Blake to
engage the firm best suited to prepare schematic
drawings; Trustee Kindel seconded.
VOTE: Approve Trustee Donovan's
motion above.
. Mayor John Dobson: YES
Trustee Johnny Kaemmer: YES
Trustee Richard Bailey: YES
Trustee C.E. Kindel: YES
Trustee Thomas Steinberg: YES
Trustee John Donovan: YES
Trustee Joseph Langmaid: YES
Trustee Bailey and Blake will actively
seek and engage an architect for land
use evaluation of municipal complex.
VI. DISCUSSION OF TOWN APPLICATION FOR FEDERAL AMBULANCE_
AID.
The Federal Transportation Act makes money available
for purchasing 52% of ambulances and equipment . Dr.
Steinberg noted that Vail is the primary ambulance
hauler from here to Edwards and for off -the -highway
accidents. He noted that Dillon has recently purchased
an ambulance with this 52% aid. In order to receive, this
aid from the Federal Government the Clinic must have
a proposal from some governmental agency, i.e., the
County or the Town. The Vail Clinic proposes that
the Town formally make such a proposal; the Clinic
will turn over the remaining 48% of the total and will
thus be legally bound. He added that the net cost to
the Town would be 2 hours of our attorney's time for
insurance purposes, etc. The Clinic would like to begin
as soon as possible, as it takes 6 months to process
such a proposal. The Clinic would pay for the Insurance.
Trustee Donovan moved to go ahead with Trustee Steinberg's
proposal; Trustee Kindel seconded.
VOTE: Proceed with Dr. Steinberg's
proposal.
Mayor John Dobson: YES
Trustee Johnny Kaemmer: YES
Trustee Richard Bailey: YES
Trustee C.E. Kindel: YES
Trustee Thomas Steinberg: YES
Trustee Joseph Langmaid: YES
Trustee John Donovan: YES
Town will send proposal to Department
of Transportation that 52% ambulance
aid be granted the Vail Clinic upon
receipt of appropriate backup from
Clinic.
VII. REPORTS
A. Refuse
Blake reported that, due to the fact that Mr. Duran
wasntt holding to a standard sale price to all
people concerned and because the Town was getting
involved with granting a franchise, we had two choices:
(1) give a franchise to someone and exclude Leo; or
(2) encourage Leo's sale to whomever would take and
obtain a PUC license. This would be opened on a
competitive basis. Blake added that Leo decided to
sell to Bob Mayne last evening. Bob plans to begin
service on March 1. Rates will be determined by the
hauler. If someone else comes in and obtains a PUC
license, rates will be determined by a competitive
market condition over which we will not have control.
We have some control over rates because we will still
have power to issue a franchise or start a municipal
collection system.
B. Building,Code Amendments. .
Blake reported that he has formed a committee which
• met today for the first time and,which will be making
recommendations in the future regarding possible
Building Code amendments. It is desirable to limit
as much as passible what goes to the Board of Building
Appeals. Members of the committee are: John Anderson
(Anderson -Barker -Rinker of Denver), George Olson
(Carver Architects -Vail), Richard Bailey (Slifer
and Co. -Vail), Bruce Sutherland (Fritz Benedict -Aspen),
Mitchell Hoyt (Vail Associates), and Charles Bynum,
Vail Building Official. These gentlemen have been
asked to analyze the Code and determine what features
do not fit the situation here in Vail. Reports from
them will be forthcoming in the future; their
recommendations may be enacted through ordinances.
C. Veterinary Proposal
After brief discussion, the Trustees unanimously
agreed that Blake should advise Dr. Draper
that we do not wish to utilize his services at the
present time.
CITIZEN PARTICIPATION
A. Mrs. Ginny Crowley queried the Board re
the status of the Wall Street dedication. She noted
that this street has not been maintained properly.
Clay Simon of Vail Associates (owner of the street)
noted that the street will be blocked off to vehicular
traffic starting Frebruary 10. The Police and the
Fire Departments will have keys to the establishments
on that street. When Mayor Dobson inquired re the
dedication, Clay noted that VAI hasn't been in
touch with all the property owners involved in this
dedication.
B. Vail Trail Editor George Knox noted that
the icy conditions in front of the Plaza Building
are very hazardous to pedestrians. Blake will send
a warning letter tomorrow. The Police Department
will endeavor to check this condition throughout the
core area.
C. Mrs. Knox remarked that the parking lots
are not being policed for campers and trailers
parked unlawfully. Blake noted that the Town has no
jurisdiction over any lot but the main area, which the
Town has leased from Vail Associates --which has
jurisdiction over all other lots. Mrs. Knox also
inquired about the Hoper Electric Utilities Study; this
has not been completed because Mr. Thurston of Holy
C.ioss Electric has been unable to supply Mr. Hoper the
information applicable to his study due to workload.
We have sent repeated reminders to him regarding this
and will continue to do so until the information
has been transmitted to Hoper.
With no further business to be discussed, the Board
of Trustees adjourned at 9:00 p.m.
• CONVENE AS LOCAL LIQUOR LICENSING AUTHORITY TO CONSIDER:
Possible Violation of State Liquor Code by Casino/Vail
(Casino Partners, Ltd. dba Ranald and Pamela MacDonald)
on January 18, 1970.
Mayor Dobson called the public hearing to order at
9:10 p.m. in the Manor Vail Conference Room. He noted
that the Licensing Authority has 15 days in which to render
a decision on the facts disclosed during this
hearing. Attorney for the respondents --Stewart Brown --
made what he considered a technically and administratively
substantial objection, under regulation 22 of the
Liquor Code. He noted that the reporting officers had
failed to in any way indicate on their report who had
prepared it. Town Attorney Robinson noted that at
no time since they were notified did the respondents or
their attorney file complaint over the form of notice.
• Attorney Robinson stated that it was important to note
that the respondents had been informed that they could
have a court reporter present if they felt it necessary.
He then reviewed the officers' report, attached as
Exhibit A, drawing attention to Chapter 75, Article 2,
Section 3, Subsection 4A, relating to the hours during
which a licensed establishment cannot sell, serve or
distribute spirituous liquors.
First witness was Officer Jerry Craghead, Patrolman with
the Vail Police Department since September 1, 1969.
He reviewed and reiterated the information contained
in Exhibit A, indicating that no effort had been made
to question anyone involved in the incident. Attorney
Brown asked Craghead if he was the author of Exhibit A;
he replied yes. Per Mr. Brown's questioning Officer
Craghead affirmed that the illumination was normal,that
Mr. Johnson set his glass down on the bar as the
officers came up the stairs, that there were several
people located between himself and Mr. Kernis, and that
he could see into the passageway and distirgsish faces.
He did not actually see the stool on which the evidence
• (Mr. Johnson's drink) was placed overturned. Mr.
Brown noted that gin is commonly considered almost
odorless; Officer Craghead stated that he does drink
occasionally --bourbon, not gin. Officer Craghead
felt absolutely certain that the glass picked up and
later spilled was in the hands of Mr. Johnson when he
came in.
Next witness called was Edward J. Koler, Patrolman with
the Vail Police Department since August 1, 1969. He
reiterated the testimony in the report. The bottle
of Cutty Sark taken from the Casino as evidence was
introduced as Exhibit A. Attorney Brown remarked that
he failed to see the significance of this exhibit in
connection with the allegation. Town Attorney Robinson
replied that it was relevant in terms of its being
germaine to what transpired. He added that the
testimony bears out that this bottle was in the vicinity
of the people drinking and is therefore valid evidence.
Attorney Brown formally objected to its being admitted
as evidence. Some discussion ensued regarding location
of the bottle on the bar, and illumination in the bar
at the time. Officer Craghead noted that he had used
a flashlight to check the ID's of those present. Both
officers agreed that Mr. Kernis--who was the only person
moving about --was responsible for knocking the stool
over. Trustee Langmaid asked Attorney Robinson what
law applied; he replied that it is unlawful to sell, serve
or distribute between 2:00 a.m. and 7:00 a.m. Glasses
with liquor in them do not offend the provisions of the
Statute. He added that the bottle wouldn't be relevant
were it not for the testimony of the officers. Mayor
Dobson concluded that the bottle would be admitted as
evidence; and Attorney Brown's formal objection is
hereby recorded. Attorney Robinson stated that the
Town rested with the testimony given. Attorney Brown
summarized that no one was drinking on the evening in
question; they were at the Casino for a special purpose.
He said the alleged facts were logical mistakes of
jumping to conclusions. His first witness was the
respondent --and licensee-- Mr. Ranald MacDonald, dba
Casino Partners, Ltd. of Denver. He noted that
Messrs. Hogan, Rifkin and Kernis are entirely
responsible for management of the establishment, and are
three of the 25 partners of this limited partnership.
They are compensated on a percentage basis of the net
profit. The MacDonalds receive nothing as license
. holders --they receive profit as one of the total number
of partners involved.
Mr. Brown's next witness was Mr. Gerald Kernis, former
manager of the Mad Russian in Denver, now an active
partner in the successful Friday's and Saturday's
in Denver, and one of the above -mentioned management
people. He summarized the operating hours of the
Casino and the basic method of operation. He noted that
all employees are apprised of the liquor law through
a conspicuous sign next to their work schedule stating
that there will be no drinking after hours. When Mr.
Johnson, Mr. Kernis' assistant, closes up each evening,
he assures that there are no persons other than
employees present. Glasses removed from tables are
placed on the bar in a mass in the southeast corner.
The bottle of Cutty Sark had been placed on the bar to
remind the next day's bartender to fill that
particular liquor gun. When the officers entered the
bar, Mr. Johnson was transferring glasses from tables
to the bar. The officers asked all present to
stand in a corner. when Officer Craghead asked Mr.
Kernis to step forward, Mr. Kernis accidentally knocked
over the stool. Mr. Kernis added that the only lights
on in the building were the stage lights. Also, the
tall, narrow barstool on which the drink sat was typically
unstable. Contrary to the allegation in the report that
Mr. Kernis trampled the glass on the floor, Mr. Kernis said he
wasn't aware that he had done this. He remarked that
nobody ever drinks in the Casino after 2:00 a.m. and
that Messrs. Kernis, Johnson, and Heite were definitely
not doing so. He admitted that he had become
belligerent and sarcastic when speaking with the officers.
He added that he has had only one violation in four
years --this one. He has signed contracts with musical
groups representing $1,200 per week. In answer to
questioning by Attorney Robinson, Mr. Kernis replied that
he was sober when the police officers arrived. He had
been out for about one hour and had five or six drinks
during that time. Mr. Robinson asked him what he said
to the officers; he replied, "If it were anyone else in
town, it wouldn't be happening to them ... This is a
• small town --there is no reason for harassment —The manner
in which you are treating us isn't conducive to good
. relationships." Mr. Kernis doesn't recall saying
"You have to overlook things in small towns." Attorney
Brown asked Mr. Kernis what he meant if he did say such
a thing. Mr. Kernis replied that their method of
questioning was not in a vein of cooperation and
understanding.
Attorney Brown's next witness was Roland Earl Johnson
of Denver, the Assistant Manager at Casino Vail. He had
been clearing tables when the officers entered. He had
not been drinking after 2:00 a.m. and did not see
anyone else partaking. Attorney Robinson asked him
if he had stopped by the Police Station around 4:20
that morning. He replied affirmatively, stating that he
wanted to find out what would be done regarding a possible
violation. In the officers' report Mr. Johnson had
noted that this was not a usual occurrence --the Casino
employees were usually out of the place by 2:00 a.m.
On this particular night, they just happened to be
• waiting for the band to depart for California.
Attorney Brown's last witness was Hans Heite, Red Lion
Maitre 'd for 231 years. Mr. Heite was sitting at
the bar and stated that he didn't see anyone else
drink, nor did he do so. He added that there was no
light in the area containing the stool and evidence.
He remarked that Mr. Kernis was not intoxicated and
that he had hit the barstool accidentally with his
leg.
In summary, Attorney Robinson noted that after being
attracted by unusual noise after closing time, police
officers entered and saw Mr. Johnson drinking. Glasses
with liquor as well as the bottle of Cutty Sark were in
the vicinity. Their report states that Mr. Kernis
knocked the glass off the barstool. Attorney Robinson
reviewed the State Liquor Code regarding attempts to
destroy evidence. He said that the fact that some of
the evidence is not available should not hinder the
the case of the Town. There were alcoholic beverages
present under some unusual circumstances. Police
officers' evidence indicates an unmistakable violation.
As the Local Licensing Authority, the Trustees have the
power to revoke or suspend this license.
Attorney Brown summarized that evidence showed only
that Mr. Johnson had the glass to his lips; and that
the lighting was very poor in the bar. Officers'
observations were made from a distance of 40 feet; and
Mr. Johnson has admitted that he had a glass in
his hand. There is no evidence that Mr. Kernis knocked
the stool over individually. He added that mere
suspicion and conjecture is not a proper way to invoke
a suspension against an operator. The evidence is
nowhere nearly preponderent on the side of guilt.
The Local Licensing Authority will take the matter
under consideration. The parties involved will be
advised of decision within 15 days.
With no further business to be discussed, the meeting
adjourned at 12:25 p.m.