MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, MARCH 12, 2002

MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, MARCH 12, 2002

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 Tuesday, March 12, 2002.

The meeting was called to order at approximately 10:00 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

11:00 a.m.

Public Hearing concerning Update of the City of Longmont Open Space Plan: (11:07 – 12:10) (0001, Tape No. 10/DAT recorder, "counter" mode)

Legal notice was published in the newspaper of record in accordance with the statutory or regulatory requirements pertaining to this matter.

Presenters: Dan Wolford, City of Longmont Trails Coordinator

Speakers: None

ACTION

This item was for information only and no action was taken.

2:00 p.m.

Public Hearing re: Consideration of the Colorado Division of Wildlife approach to Chronic Wasting Disease and request for approval of protocols on Boulder County Open Space: (2:10 – 5:30) (609, Tape No. 10 through 656, Tape No. 11/DAT recorder, "counter" mode)

Legal notice was published in the newspaper of record in accordance with the statutory or regulatory requirements pertaining to this matter.

Presenters: Therese Glowacki, Parks and Open Space Department

Dr. Mike Miller, Division of Wildlife

Janet George, Division of Wildlife

Present: Ben Pearlman, Assistant County Attorney

Speakers: Charles Southwick, 6507 Baseline Rd.

Dr. Steven Benscheidt, 8883 Nelson Rd.

Brian Byrnes for Dr. Arleen Miller, 173 Wild Tiger Rd.

Dawn Kummli, 5223 Sugar Loaf Rd., Boulder

Nancy Gneiser, 1704 Old Townsite

Sally Bornhijm, 402 Kelly Rd. East

Art Gneiser, 1704 Old Townsite

Ruby Heflin, 5570 Sunshine Canyon Dr.

Judith Shoemaker, DVM, 4352 Sunshine Canyon Dr.

Bob Radocy, 2860 Penn. Ave.

Jennifer Stewart, 1107 Pine Glade Rd., Nederland

Renee de Alba, 926 Mountain Meadows, Boulder

Marcia Barker, 1109 Mountain Pines Rd.

Roy Thorpe, 86 Pinto Dr., Boulder County

Joanne Cole, 420 Hill St.

Anita Moss, 122 Old Post Office Rd.

George Bornhijm, 402 Kelly East (for Mountain Lion Foundation)

Cindy Bauman, DVM, 2820 Jay Rd.

Jim McKee (Wildlife Federation), 2725 Juilliard St.

Naomi Rachel, 954 Arroyo Chico

Robert Distel, 10102 Plateau Rd., Longmont

Kirk Stone, Laramie, WY

Brian Byrnes, 926 Mountain Meadows

Judy Clyncke, 7190 S. Boulder Road, Boulder

Dorothy J. Stauber, P.O. Box 3562, Boulder

Kevin Jones, Boulder resident

Dave Cropford, 645 Manhattan Place, Boulder

Marcie Welk, Comino Bosque

Larry Jordan, Boulder

Jack Groverland, Unity Church of Boulder

Norma Bigtree Groverland

Discussion with staff and by Board begins at 4950, Tape No. 10

(Continued on Tape No. 11)

ACTION

Commissioner Danish moved to accept the accept protocol for the game management area north of Left Hand, and work with De W to monitor closely any and all data in the area s of Left Hand Canyon, and eliminate sharp shooting in the open space areas. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, no; DANISH, aye; STEWART, aye. Motion carried 2-1. (625, Tape No. 11)

10:00 a.m.

BUSINESS MEETING

(10:00 – 10:14) (3356, Tape No. 9/DAT counter mode)

OLD BUSINESS:

LAND USE MATTERS:

1. Docket #SPR-01-182 (Clarke Addition); Site Plan Review for the construction of a 4,009 sq.ft. addition (above grade=3,048 sq.ft./ below grade=961 sq.ft./finished floor area=2,032 sq.ft./unfinished floor area=1,605 sq.ft./attached greenhouse=272 sq.ft. unfinished floor area) (located at 9774 Phillips Road, Lot 14, Block 3, Granja Este, in Section 09, T1N, R69W) (Tabled from 2/19/02): (14 Minutes) (3358, Tape No. 9/DAT recorder, "counter" mode)

Legal notice was published in the newspaper of record in accordance with the statutory or regulatory requirements pertaining to this matter.

Presenters: Philip Hartigan, Land Use Department

Mr. Clarke, Applicant

Speakers: Alfonso Ossorio

David Brown, 9726 Philips

ACTION

Commissioner Stewart moved to approve Docket #SPR-01-182, Clarke Addition Site Plan Review, in accordance with staff recommendations, commitments of record by applicant. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3723)

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

a. #01-0371 (refund $2,652.57);

b. #96-0584 (refund $118.82);

c. #96-0025 (refund $954.70);

d. #94-0033 (refund $261.97);

e. #92-0493 (refund $370.14)

3. Parks and Open Space Department: Mechanic’s Lien Letter (Mans/ Ward Wildlands Property)

4. 2002 contracts with non-profits:

a. Dental Aid ($86,431);

b. Community Food Share ($56,000);

c. Retired and Senior Volunteer Program ($44,670);

d. St. Vrain Community Council ($4,100)

5. Other contracts:

a. Parks and Open Space -- contract with Kitzman Construction for the Keyes House foundation rehabilitation project ($77,351.48);

b. Architects -- contract with Valley Excavating for Sundquist Building Addition site utilities ($62,840);

c. Sheriff -- extended warranty and support services agreement with Behavioral Interventions for home detention ankle bracelets ($15,431);

d. Information Technology -- renewal of the Oracle software support and maintenance contract with Oracle Corporation ($154,580)

6. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, March 13, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice

ACTION

Commissioner Stewart moved approval of Item Nos. 1 through 6. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3850)

Commissioners Matters:

7. Personnel Actions:

None

8. Joint letter from the County and the City of Boulder to the Jefferson County Commissioners regarding the Pinnacle Towers, Inc. application to Jefferson County for rezoning of its site on Eldorado Mountain:

Presenters: David Hughes, Assistant County Attorney

Present: Larry Hoyt, County Attorney

Speakers: None

ACTION

Commissioner Stewart moved approval of Item No. 8. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3890)

Commissioner Stewart moved that a separate letter from Boulder County to Jefferson County regarding Item No. 8., be sent by staff. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3932)

9. Budget Office:

a. Memo regarding an agreement with the Boulder Emergency Squad on a not-to-exceed figure of $542,353 from the Emer-gency Rescue Tax Fund to purchase 3 trucks:

b. Award of RFP #4262-02, Rescue Vehicles, to the sole bidder -- SVI Trucks (Light Rescue $161,902/Medium Rescue $265,511/ Dive Van $114,940/Total = $542,353 from the Emergency Rescue Tax Fund):

ACTION

Commissioner Stewart moved approval of Item No. 9a and 9b. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3960)

10. Budget Office -- 2002 Budget Supplemental requests:

a. Parks and Open Space Department ($57,955);

b. Community Services Department ($2,500);

c. Sheriff’s Office - Emergency Management ($23,200);

d. Sheriff’s Office - Field Operations ($5,000);

e. Land Use - Resource Conservation ($12,500):

Presenters: Margaret Parish, Budget Office

Larry Stern, Office of Emergency Management (4060)

Present: Larry Hoyt, County Attorney

Speakers: None

Commissioner Danish moved approval of Item No. 10. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4047)

Board of Social Services Matters:

The Board of Commissioners convened as the Board of Social Services for the purpose of considering the following Item No. 11, after which the Board reconvened as the Board of County Commissioners:

11. Social Services Department: Request for a bid waiver to purchase day treatment services for child welfare clients currently placed outside Boulder County from the Devereux/Cleo Wallace Center (not to exceed $50,000), with attached contract:

 

ACTION

Commissioner Stewart moved approval of Item No. 11. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4091)

Elected Officials and Department Heads Matters:

12. Architect Division -- request for a bid waiver for site utility relocations at the Justice Center:

a. Storm sewer relocation work in basement (Ozark Mechanical - $16,327);

b. Site utility relocation of storm and sanitary sewer line, including 2 manholes (Nixcavating - $16,514);

c. Installation of new underground sanitary sewers in proposed garage and tie-in of existing lines (Ozark Mechanical - $27,294):

ACTION

Commissioner Stewart moved approval of Item No. 12. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4098)

13. Sheriff’s Office:

a. Grant Award from the Office of National Drug Control Policy for the Boulder County Drug Task Force ($35,944), with request to waive admin costs ($1,245);

b. Certification of Compliance relating to Drug Task Force opera-tions against clandestine methamphetamine laboratories:

ACTION

Commissioner Stewart moved approval of Item No. 13a. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, no; STEWART, aye. Motion carried 2-1. (4098)

ACTION

Commissioner Stewart moved approval of Item No. 13b. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4179)

14. Longs Peak Energy Conservation: Grant application to the Office of Energy Management and Conservation to continue the Energy Savings Partners Weatherization Program ($1,295,210), with request to waive admin costs ($40,921):

Speaker: Amy Hollander, Longs Peak Energy Conservation

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4207)

Administrative Matters:

15. Scheduling and Communications:

Presenter: Susan Ashcraft, Deputy

c. Extension Service luncheon to be scheduled for mid-July at Recycling Center

Items Amended to the Agenda:

16. Presentation by Jim Miller, Mayor of Nederland, concerning:

a. Preferred location of Nederland Town Garage Site;

b. City of Boulder, Nederland Feasibility Study to move Treatment Facility:

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4622)

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4638)

17. Request for executive sessions concerning matters under negotiation and legal advice concerning matters of litigation:

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4851)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 5:30 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.]