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MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, MAY 7, 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, May 7, 2002.

The meeting was called to order at approximately 9:06 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.

Land Use Matter:

Public Hearing: Docket #SE-02-09 (Wilbur/Hoover BLA); Subdivision Exemption for a Boundary Line Adjustment between two parcels (located at 1928 Big Owl Road, north of Meeker Park, on the north side of Big Owl Road/CR 82, in Section 2, T3N, R73W). (9:06 – 9:10) (0003, Tape No. 18/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 Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Robert Kleopfer, Applicant’s Representative

ACTION

Commissioner Danish moved to approve Docket #SE-02-09, 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. (0079) 

11:00 a.m.

Parks & Open Space Department:

Public Hearing: Proposed property acquisitions:(11:02 – 11:12) (0696, Tape No. 18/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.

Present: Ben Pearlman, Assistant County Attorney 

1. Blakely Property -- approximately 27.5 acres of forested vacant land located west of Nederland and north of Eldora; 

Presenter: Mel Stonebraker, Parks and Open Space Department

2. Lookout Farm LLC Property -- approximately 38 acres of irrigated cropland located at the southwest corner of Lookout Road and Highway 287. 

Presenter: Jan Burns, Parks and Open Space Department 

ACTION

Commissioner Danish moved to approve Item No.1. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0723) 

ACTION

Commissioner Danish moved to approve Item No. 2. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0897) 

2:00 p.m.

Land Use Department:

Public Hearing: Docket #SU-01-12 (Hallman House Kennel SU/SSDP); Special Use Review/Site Specific Development Plan for a kennel with more than 12 dogs or cats (located at 12416 Flagg Drive, east of Lafayette and south of Baseline Road, in Section 1, T1S, R69W) (2:08 – 4:24) (940, Tape No. 18/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 Department

Pat Mayne, Assistant County Attorney

Dave Webster, Transportation Department – Water Resources Engineer

Present: Barbara Andrews, Assistant County Attorney

Speakers: Ed Byrne, Attorney representing Applicant

Karen Sharp

Elizabeth Briggs

Eve Bakshalom

Dr. Donald Coleman, 395 Heron Ct., Erie

Curtis Kostecki, Civil Engineer

Laura Lilly

Mary Coberly

Ken Boisvert

Becky Tribble

Margaret Lynn, Lafayette

Jim Stanley, Mechanical Engineer/Noise & Vibration Consultant for Applicant

Jackie Olmstead

Linda Buzbee

Karen Helms

Tynia Johnson, Applicant

ACTION

Commissioner Stewart moved to table Docket #SU-01-12 to the 10:00 a.m. Business Meeting on May 14, 2002. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4747)

10:00 a.m.

BUSINESS MEETING

(10:05 – 10:47) (0088, Tape No. 18/DAT counter mode)

OLD BUSINESS:

LAND USE MATTERS:

1. Docket #DC-01-03 (Boulder County Land Use Code Text Amendment); Amendment to Article 18-800, definition of "above grade," and to Article 18-162, definition of "floor area" (Tabled from 4/30/02).

ACTION

Commissioner Stewart moved to table Item No. 1 until 10:00 a.m. May 14, 2002. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0343)

10:30 a.m.

NEW BUSINESS:

CONSENT ITEMS:

2. Contracts:

a. Budget Office – non-profit contract with the Center for People With Disabilities ($94,550);

b. Workforce Boulder County – contract with Linda Woods, LPC, for training services ($15,550);

c. Architects – contract with DeFalco Lee Construction for parking lot work at 522 Terry Street ($26,788);

d. Parks and Open Space – contract with Historical Applications for Lohr/McIntosh Barn exterior rehabilitation & structural stabilization ($81,412).

3. Open Space documents:

a. Mechanics Lien Letter, Special Warranty Deed, Deed of Conservation Easement, Ditch and Irrigation Easement Agreement (Bertolin property);

b. Mechanics Lien Letter, Purchase Agreement, Assignment of Royalties, Division of Land Notice (Lutz property);

c. Deed of Conservation Easement for Parcel 3 (Parrish property).

ACTION

Commissioner Stewart moved approval of Items No. 2-3. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (0353) 

DISCUSSION ITEMS:

Commissioners Matters:

4. Personnel Actions.

None.

5. Budget Office: Resolution 2002-49, appropriating funds for 2001.

Presenter: Margaret Parish, Budget Office

ACTION

Commissioner Stewart moved approval of Item No. 5. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (0373)

Elected Officials and Department Heads Matters:

6. Parks and Open Space Department: Limited treatment of noxious weed patches with herbicides, west of Highway 36.

Presenter: Cindy Lair, Parks and Open Space Department

ACTION

Commissioner Stewart moved approval of Item No. 6. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (0409)

7. Information Technology Division: Shared operating expenses for the purchase of Digital-Ortho Photos ($15,000).

Presenter: Mike Bevacqua, Information Technology Division

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. (0463)

8. Sheriff’s Office: Renewal of the Federal Equitable Sharing Agreements with the Sheriff’s Office and the Drug Task Force.

ACTION

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

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (0468)

Administrative Matters:

9. Scheduling and Communications.

Speaker: Susan Ashcraft, Clerk to the Board

At the request of the City of Boulder, the Commissioners elected to send Diane Liebert as a County representative to the Conference on Renewable Energy.

Items Amended to agenda:

10. Land Use Department: Request for decision to call Docket #02049 for additional review in consideration of modifications to previously approved plans.

Presenter: Phillip Hartigan, Land Use Department

ACTION

Commissioner Stewart moved not to call Docket #02049 for additional review unless complaints had been received by 2 or more neighbors by the end of the day. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0589)

11. Request for signature of a letter to Dr. Bill Marine expressing gratitude for his service.

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0607)

12. Motion to enter into Executive Session with Larry Hoyt at the conclusion of the Business Meeting to discuss the receipt of attorney/client privileged communications concerning Worthy Cause tax revenues pursuant to CRS 24-6-402 (4)(b) Legal Advice.

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. (0616)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:24 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.]

 

 

 

 

 

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