MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, MARCH 15, 2001

The Board of County Commissioners of Boulder County met in regular session in full conformity with the law and resolution of said Board at the regular place of meeting in the Office of the Board of County Commissioners, Third Floor, Courthouse, Boulder, Colorado, on Thursday, March 15, 2001.

The meeting was called to order at approximately 9:03 p.m., by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair (excused in afternoon)

Ronald K. Stewart, Commissioner

9:00 a.m.

Land Use Matter:

Public Hearing: Docket #SE-00-42 (Felde Trust Exemption); Subdivision Exemption to create two parcels of 3.0 acres and 6.74 acres (located west of Nederland and north of Beaver Valley Estates, off County Road 128N, in Section 14, T1S, R73W): (9:03 - 9:55) (3820, Tape No. 16/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Greg Oxenfeld, Land Use Department

Kitty Felde, applicant 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: Roy Young, Lot 45, Beaver Valley Estates 

ACTION 

Commissioner Danish: AI move to hold an executive session for the purpose of receiving legal advice concerning this docket.@ Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4779) 

Commissioner Danish: AI move to table Docket #SE-00-42, Felde Trust Exemption, until April 19, 2001, at 10:00 a.m. (Business meeting).@ Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (4965) 

(Continued on Tape No. 17) 

11:00 a.m.

Legislative Update: (11:03 - 11:35) (960, Tape No. 17) 

Presenters: Dickey Lee Hullinghorst, Interngovernmental Relations Director 

Staff presented the following legislation for consideration: SB148, HB1353, HB1350, HB1362, SB74, SCR 003. The following action(s) were then taken concerning specific legislative items: 

Commissioner Danish moved to oppose HB1353. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1097)

Commissioner Mendez moved to oppose Hbs 1350 and 1362. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1242, 1293) 

Commissioner Stewart moved to support SCR 003. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (1590) 

The Board could not agree on a position concerning SB74, and no vote was taken. 

By consensus, the Board agreed to support SB148 as amended (which now includes Boulder County=s amendments), assuming the amendments are not removed from the bill before passed. 

2:00 p.m.

Parks & Open Space: Public hearings on Open Space items: (2:05 - 2:25) (1640, Tape No. 17/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Emy Brawley, Parks and Open Space Department

Ellen Flannelly, Parks and Open Space Department 

Present: Shelley Bailey, Assistant County Attorney 

1. Minerva Placer property -- acquisition of the fee interest in this 20-acre mining claim located one mile south of the Town of Ward: 

Speakers: None 

ACTION 

Commissioner Stewart: AI move approval of the staff recommendations for purchase of the Minerva Placer property.@ Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (1688) 

2. Petersen property -- acquisition of the fee interest in 75.6 acres of mining claims located between Butzel Hill and Sunshine Saddle, off County Road 83 (property on which seller could build 6 residential units): 

Speakers: Steve Waltman, CR 83

Bruce Neumann, owner of adjacent parcel

Eleanor Koppe, 301 Overbrook Lane, Boulder Heights 

ACTION 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (1870) 

3. Darby Open Space flood easement -- proposed grant of an easement to the Pleasant Valley Reservoir Fish and Ditch Company for overflow from the Pleasant Valley Reservoir, expected only in the event of a 100-year flood: 

Speakers: None 

ACTION 

Commissioner Stewart: AI move approval of the staff recommendations for purchase of the Darby Open Space flood easement.@ Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (1890) 

3:00 p.m.

Land Use Matter:

Public Hearing: Docket #SPR-01-009 (Zingler Residence); Site Plan Review for the construction of a 6,865 sq.ft. residence (above grade=6,865 sq.ft./ finished floor area=6,865 sq.ft.) (located at 9800 Monarch Road, in Section 33, T2N, R69W): (3:02 - 3:35) (2000, Tape No. 17/dual dat recorder, Acounter@ mode) 

Legal notice of this hearing was duly published in accordance with legal and policy requirements in the designated newspaper of general circulation. 

Presenters: Todd Tucker, Land Use Department

Gil Pomeroy, Transportation Department

Tara Fitzgerald, applicant 

Present: Barbara Andrews, Assistant County Attorney 

Speakers: Pau-Chin Huang, southern neighbor 

ACTION 

Commissioner Stewart: AI move to table Docket #SPR-01-009, Zingler Residence, until March 27, 2001, at 10:00 a.m.@ Commissioner Mendez seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, excused. Motion passed 2-0. (2838) 

10:00 a.m.

(10:03 - 10:50)(0001, Tape No. 17/dual DAT/Counter Mode) 

OLD BUSINESS:

LAND USE ITEMS: 

1. Docket #LU-00-15 (Lyons LU); Limited Impact Special Review for an agricultural accessory dwelling and a Site Plan Review for a 4,681 sq. ft. residence (above grade=3,683 sq.ft./finished floor area=3,199 sq.ft.) (located at 6860 Nelson Road, east of North 63rd Street and west of North 75th Street, in Section 11, T2N, R70W) (Tabled from 1/25/01, 2/13/01 & 3/13/01): (0001, Tape No. 17) (25 min.) 

Presenters: David Callahan, Land Use Department

John Tweedy, Attorney for applicants 

Speakers: Ricky Weiser, 4020 N. 75th St. 

Commissioner Stewart: AI move to approve Docket #LU-00-15, Lyons limited impact special review, in accordance with the applicants= application as modified at the last hearing, with an additional plan for wetland plantings and landscape for wetland plantings, wetland preservation and enhancement as part of the conservation easement.@ Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (446) 

NEW BUSINESS:

ITEMS TO NOTE FOR THE RECORD: 

2. Petition from Boulder residents living on the north and east sides of the North Broadway Human Services Campus at 3450 Broadway stating concerns over additions to the Sundquist Building (50 signatures) 

3. Application for use of the Courthouse Lawn from the Tibetan Association of Colorado for an event to commemorate the uprising against the invasion of Tibet by the People=s Republic of China, held March 10th. 

4. Application for use of the Justice Center parking lot from the Boulder Chaos Cycling Club in conjunction with a road bike race on Sunday, May 6th. 

Item Nos. 1 through 3 were noted for the record. 

CONSENT ITEMS: 

5. Parks and Open Space: Award of Bid #4153-01, Electrical Service Upgrades at Carolyn Holmberg Preserve, to the only bidder -- Hartford Electric ($30,636): 

6. Facilities: Award of Bid #4164-01, Aerial Platform, to the lowest, most responsible bidder -- Mountain Truck ($17,699) 

7. Treasurer -- cancellation of Tax Lien Sale Certificates to correct erroneous assessments:

a. #96-0184 (refund $64.19);

b. #99-0261 (refund $31.38);

c. #00-0314 (refund $235.35) 

8. Commissioners -- Economic Development contract with the Erie Chamber of Commerce ($5,000) 

9. Parks and Open Space -- Grant-funded agreement with the Colorado Division of Wildlife for Preble=s Meadow Jumping Mouse habitat restoration and fence construction ($8,580), with request to waive admin costs ($253) 

10. Finance -- non-profit contracts for 2001:

a. Dental Aid ($82,315);

b. Boulder Valley Women=s Health Center ($64,701);

c. Volunteer Connection ($81,000);

d. Developmental Disabilities Center ($887,250);

e. Hospice of Boulder County ($8,500);

f. Plan de Salud del Valle ($97,241);

g. Boulder County AIDS Project ($27,087);

h. Alternatives for Youth ($51,000);

i. Bal Swan Children=s Center ($3,969);

j. Radio Reading Service ($17,850);

k. YWCA of Boulder County ($97,241) 

11. County Attorney/Parks and Open Space: Mechanics Lien Letter, Notice of Property Restrictions, Purchase Agreement (Sevier/Ramey property) 

ACTION 

Commissioner Danish moved approval of Item Nos. 6 through 11. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (591) 

DISCUSSION ITEMS: 

Commissioners Matters: 

12. Personnel Actions: 

Presenter: Joe Heard, Human Resources 

A verbal report concerning hirings above entry was given by Mr. Heard. 

13. Resignation of Scott Drees from the Housing Authority Board: 

ACTION 

Item No. 13 was noted for the record. 

14. Petitions for Abatement or Refund of Taxes recommended for approval by the Assessor:

a. Prudential LTM Realtors, ID #0210216 ($6,351.74);

b. The Ridge at Superior HOA, ID #105805 ($7,686.62): 

ACTION 

Commissioner Stewart moved approval of Item No. 14. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (617) 

15. Petition for Abatement or Refund of Taxes recommended for partial approval by the Assessor: Tina Marie Homes, ID #018563 & #018696 ($3,438.28): 

ACTION 

Commissioner Stewart moved approval of Item No. 15. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (620) 

16. Letter to the U.S. Board on Geographic Names, dated March 15, 2001: Support for proposed naming of a portion of the Hygiene Quadrangle as ASilver Creek:@ 

ACTION 

Commissioner Danish moved approval of Item No. 16. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (657) 

17. Letter to the Executive Director and President of Attention Homes, Inc., dated March 15, 2001: Concern over the recent closure of the Attention Homes Broadway Shelter: 

ACTION 

Commissioner Stewart moved approval of Item No. 17. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (668) 

Elected Officials and Department Heads Matters: 

18. Parks and Open Space Department:

a. Release of Claim to Crop Damage from Left Hand Water District easement (Longmont United Hospital property);

b. Release of Claim to Crop Damage from Left Hand Water District easement (Dodd Farm property);

c. IRS Form 8283 for the donation of approximately 40% of the value of real property (the Mountain Chief Claim Group on the north side of Left Hand Canyon) in 2000 by Fledderjohn/ Erickson: 

ACTION 

Commissioner Stewart moved approval of Item No. 18. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (673) 

19. Budget Office: Budget Supplemental Request (Conservation Trust Fund -- $1,500,000): 

Presenter: Margaret Parish, Budget Officer 

ACTION 

Commissioner Danish moved approval of Item No. 19, amending the amount to $1.7 million. Commissioner Stewart seconded the motion.

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (718) 

20. Architect Division: Bid waiver to use Colorado Systems Group for card access system installation on the Longmont Court Building project ($56,904) and the Boulder County Recycling Authority project ($31,295): 

ACTION 

Commissioner Stewart moved approval of Item No. 20. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (722) 

21. Information Technology Division: Award of RFP #4151-01, Oracle 11i & 8i Installation, to Rapidigm ($20,000): 

ACTION 

Commissioner Stewart moved approval of Item No. 21. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (730) 

22. Information Technology Division -- award of RFP #4152-01, Pro-fessional/Consulting Services Microsoft Advanced 2000, as follows:

a. Advanced Server/Cluster portion to PEI ($20,000);

b. Web Server portion to Boulder Corporation ($10,000);

c. Novell/NDS portion to Lewan & Associates (as needed): 

ACTION 

Commissioner Stewart moved approval of Item No. 22. Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (739) 

23. Information Technology Division -- award of RFQ #4155-01, Novell Environ Consulting & Support, to Lewan & Associates ($20,000): 

ACTION 

Commissioner Danish moved approval of Item No. 23. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (745) 

24. Facilities Management Division: Request to amend current contract with E Prime to take advantage of lower natural gas prices:

Presenter: Ron Diedrichson, Facilities 

ACTION 

Commissioner Danish moved approval of Item No. 24. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (790) 

Board of Social Services Matters: 

The Board of County Commissioners convened as the Board of Social Services for the purpose of consideration of the following Item No. 25. Upon completion of consideration, the Board of Social Services adjourned and reconvened as the Board of County Commissioners. 

25. Social Services Department contract renewals:

a. Emergency Family Assistance Association, for emergency housing services ($57,500);

b. YWCA of Boulder County, for life skills seminars ($43,732);

c. YWCA of Boulder County, for expanded life skills seminars ($38,203): 

Presenter: Paula McKey, Social Services Department 

ACTION 

Commissioner Stewart moved approval of Item No. 25 (two motions). Commissioner Danish seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (800, 860) 

Administrative Matters: 

26. Scheduling and Communications:

a. Discussion of status of gaming funds applications; discussion of request by Voices for Children for the Board to assign priorities to applications (deadline for applications is April 15) 

Item Amended to the Agenda: 

27. Request for authorization for County Attorney to draft a request to the City of Louisville for the County to de-annex the Trillium, Glacier Park and Boulder County Land Ventures properties at Dillon and 104th Streets, excepting the road rights-of-way which may be required for future improvements of those roads by Louisville: 

Presenter: Commissioner Stewart 

Commissioner Danish moved approval of Item No. 27. Commissioner Stewart seconded the motion. 

VOTE: STEWART, aye; MENDEZ, aye; DANISH, aye. Motion passed 3-0. (945) 

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 3:45 p.m. 

Deputy Clerk to the Board

[Note: All documents referred to in these Minutes of Commissioners= Proceedings are on file and may be reviewed in the Office of the Boulder County Commissioners.]