MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY,  APRIL 2, 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, April 2, 2002.

The meeting was called to order at approximately 9:09 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

9:00 a.m.

Exemption Plat to combine three lots into one building lot (located at 124 Hickory Drive, near the Larimer County line, and including Lots 22, 23 & 24A, Big Elk Meadows Partial Replat, in Section 3, T3N, R72W). (9:09 – 9:12) (1474, Tape No. 12/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: Greg Oxenfeld, Land Use

Present: Barbara Andrews, Assistant County Attorney

Speakers: Richard O’Neill, Applicant

ACTION

Commissioner Danish moved to approve Docket #EP-02-01, in accordance with staff recommendations, and commitments of record by applicant. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1560)

9:30 a.m.

(9:32 – 9:48) (1572, Tape No. 12/DAT recorder, "counter" mode)

 Presenters: Charlotte Houston, County Clerk

Mary Bukszar, Elections

Linda Flack, Chief Deputy Clerk

ACTION

Commissioner Stewart approved the County Clerk and Recorder’s recommended redistricting of polling precincts. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1961)

(11:07 – 11:35) (2954, Tape No. 12/DAT recorder, "counter" mode)

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

Present: Ben Pearlman, Assistant County Attorney

1. Airport Road Expansion -- The County Transportation Department is planning to widen Airport Road, requiring the release of one acre of conservation easements on the Nygren and Outcalt properties. Transportation will also reimburse the Boulder County Open Space Department for approximately 1.75 acres of the Imhoff Open Space;

Presenter: Ellen Flannelly, Parks and Open Space Department

ACTION

Commissioner Stewart moved approval of Item No. 1. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3092)

2. James Ditch Company Exchange -- County proposes to grant the James Ditch Company an easement over Outlot C, Clover Basin Ranch, located east of North 75th Street and north of Plateau Road, to allow relocation of the ditch in exchange for abandonment and restoration of the existing James Ditch Easement;

 Presenter: Ellen Flannelly, Parks and Open Space Department

 Speaker: Bob Perlitz 

Commissioner Danish moved approval of Item No.2. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3167)

3. Tiefel Trail Easement -- County proposes to not build a trail across an existing Trail Easement in the Goose Haven subdivision in exchange for a Trail Easement granted to the County across an adjacent agricultural property owned by Doug Tiefel;

Presenter: Ellen Flannelly, Parks and Open Space Department

 ACTION

Commissioner Danish moved to approve Item 3 with the condition that the County would not commit to a future release of the Trail Easement on the Tiefel Property at such time as the County obtained a permanent Trail Easement on the Railroad Right of Way. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3680)

4. Wyn Property -- Proposed purchase of approximately 71 acres of vacant land located on the east side of Blue Mountain Road/High-way 71 N, 1/4 of a mile north of Highway 36 and directly north of County Open Space land;

 Presenter: Ariel Steele, Parks and Open Space Department

ACTION

Commissioner Danish moved approval of Item No. 4. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3818)

2:00 p.m.

Community Action Program Annual Report: (2:06 – 2:38) (3840, Tape No. 12/DAT recorder, "counter" mode)

Presenter: Janet Heimer, Community Action Program

ACTION

Commissioner Danish moved to approve the annual progress report. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (5005) 

1. Docket #LU-02-01 (Nicholas LU); Limited Impact Special Review for an agricultural accessory dwelling (finished floor area=1,232 sq. ft.) (located at 8125 North 41^st Street, in Section 20, T2N, R70W) (Tabled from 2/26/02).

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

 Presenter: Todd Tucker, Land Use

 Present: Barbara Andrews, Assistant County Attorney

Speaker: Stan Nicholas, Applicant

Commissioner Danish moved approval of Item No. 1 with the following conditions; that the accessory dwelling not exceed 1,200 sq. ft., that it employ a strap down foundation, that there be annual verification that the occupant of the temporary structure is employed full time in the actual farming operation, and that it not be located, as proposed, in the wetlands wildlife habitat. Under the advice of the Assistant County Attorney, additional clarification was added that the Board would not be waiving requirements for a dwelling unit as provided by building and land use code. Further details of the motion are contained in the official record. Commissioner Danish moved approval with the aforementioned conditions and clarifications. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2665)

Commissioner Stewart moved to direct staff to begin work on clarification of regulation governing temporary accessory dwelling units. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2675)

CONSENT ITEMS:

2. Bid awards to the lowest or only bidder:

a. Road Maintenance #4289-02, Truck-Mounted Infra-Red Asphalt Patch Unit, to A-Peak Asphalt ($41,397);

b. Parks and Open Space #4290-02, Lohr McIntosh Barn Exterior Rehabilitation, to Historical Applications ($81,412).

3. Contracts:

a. Transportation -- agreement with the City of Lafayette to share the cost of Baseline Road improvements (County share not to exceed $500,000 from Transportation Sales & Use Tax funds);

b. Architects -- contract with CEI West Roofing Company for Sundquist Building Addition roofing ($83,369);

c. Architects -- temporary construction easement agreement with Retaining Wall Systems USA for a retaining wall to be built by the property owner adjacent to the Sundquist Building (no expenditure);

d. Road Maintenance -- contract with Wireless Advanced Communications to replace the Longmont base radio station ($23,126.40);

e. Road Maintenance -- contract with Kubat Equipment and Service Company for fuel tank monitoring systems ($40,333.13);

f. Youth Corps -- contract with the City of Lafayette for summer Youth Corps services ($9,000 revenue);

g. Finance -- gaming funds pass-through contract with the Neder-land Teen Center ($11,600);

h. Workforce Boulder County -- expenditure authorization for Work-force Investment Act funds ($60,000 revenue);

i. Workforce Boulder County -- expenditure authorization for the Governor’s Summer Job Hunt ($14,350 revenue);

j. Facilities Management -- renewal of the asbestos removal contract with Misers Asbestos Removal (estimated $250,000)

4. Open Space documents:

a. Right of First Offer (Greenlee property);

b. Purchase Agreement, Mechanic’s Lien Letter, Notice of Property Restrictions, Quitclaim Deed/Shubert House Lot, Quitclaim Deed/Open Space Parcel, Division of Land Satisfaction Letters (2) (Shubert property);

c. Mechanic’s Lien Letter, Conservation Easement in Gross, Access Easement/Highway 72, Access and Utility Easement/ Highway 128W, Access Easement/Trail Easement (Mud Lake/ Wild Bear School property)

5. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, April 3, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice:

ACTION

Commissioner Stewart moved approval of Item Nos. 2 through 5. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (2700)

 DISCUSSION ITEMS:

Commissioners Matters:

6. Personnel Actions.

None.

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. 7, after which the Board reconvened as the Board of County Commissioners.

7. Social Services Department: Contract with the State Board for Community Colleges and Occupational Education for the AmeriCorps Program (no expenditure).

ACTION

Commissioner Stewart moved approval of Item No. 7. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (2710)

Elected Officials and Department Heads Matters:

8. County Attorney’s Office: Release of First Easement pursuant to execution of the new Broomfield North Conservation Easement.

Speaker: Larry Hoyt, County Attorney

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

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (2728)

9. Transportation Department: Resolution 2002-30, authorizing acquisition of property by negotiation and eminent domain, if necessary, for the Airport Road Improvement Project.

Speaker: Mike Rogakis, Transportation Dept.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2765)

10. Parks and Open Space Department:

a. Contract to purchase 2 shares of Supply Irrigating Ditch Company water from Michael R. Harroun ($29,000);

 Speaker: Mel Stonebraker, Parks and Open Space Dept.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2775)

b. Award of Bid #4294-02, Fencing, to Jack Wiley, Waterford Corporation and J. Macy Construction.

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2780)

11. Road Maintenance Division: Request for unbudgeted capital outlay to purchase computer upgrades as part of the Ethernet conversion project ($17,027).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2792)

12. Human Resources Division: Award of RFP #4283-02, Wellness Program, to Recletics, Inc.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2811)

13. Risk Management Division: Award of RFP #4284-02, Physical Therapy Services, to Pace Therapy.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2818)

14. Longs Peak Energy Conservation: Memorandum of Understanding with the City of Boulder for home rehabilitation services ($247,250), with request to waive additional admin fees based on additional Community Development Block Grant funding ($9,162 admin fees waived originally; revised admin fees $9,759).

Speaker: Amy Hollander, Longs Peak Energy Conservation

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2883)

Administrative Matters:

15. Scheduling and Communications:

 None.

16. Land Use Department: request for determination of need for a public hearing for SPR-02-027:MOSTAJO; RESIDENCE.

 Presenter: Philip Hartigan, Land Use Department

Commissioner Stewart moved to call up SPR-02-027: MOSTAJO; RESIDENCE for a public hearing. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2925)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 2:39 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.]