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, June 20, 2002.

The meeting was called to order at approximately 9:10 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

Public Hearing: Docket #SPR-02-035 (McNally Access and Bridge); Site Plan Review for the construction of a driveway and bridge, requiring 260 cubic yards of grading (located at 35528 Boulder Canyon Drive, in Section 32, T1N, R71W.) (9:10 – 10:13) (0005, Tape No. 26/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: Phil Hartigan, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Mike McNally, Applicant

Gloria Hice-Idler, Colorado Department of Transportation

Gary Bayne

Gil Pomeroy, County Access Inspector

Eric Phillips, Wildfire Mitigation Coordinator

Mike Thomas, Transportation Department

ACTION

Commissioner Stewart moved that the Board authorize an Executive Session for the purpose of receiving legal advice on this matter pursuant to CRS 24-6-402(4)(b) Legal Advice. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0937)

ACTION

Commissioner Stewart moved to table Docket #SPR-02-035 to 10:00 a.m. on Thursday, July 25^th, 2002. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1050)

Public Hearing: Forsyth Property Sale; County proposes to sell a 45-acre parcel of open space, subject to a conservation easement, located south of Longmont on the west side of the Diagonal Highway and southeast of Lagerman Reservoir. (10:59– 12:10) (1657, Tape No. 26/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: Emy Brawley, Parks and Open Space Department

Speakers: Connie Bruce, 7600 Plateau Road

David Schenk

Ivan Gedding

Laura Johnston

Stuart Maybee, 8512 North 79^th Street

Amy Bowman

Suzanne Webel, 5735 Prospect Road

Leslie Ewy

Steve LeBlanc, 7562 North 49^th Street

Russ Herman, 8623 Crimson Clover Lane

Diane Forsyth

Commissioner Stewart moved to approve this sale, in accordance with staff recommendations, commitments of record by applicant, with additional conditions as contained within the official record. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3518)

CONSENT ITEMS:

1. Architects: Award of Bid #4334-02, Sundquist Site Concrete, to the lowest, most responsible bidder – Total Concrete ($56,736.48).

2. Contracts:

a. IMPACT: Renewal contract with the State of Colorado Division of Youth Corrections for residential treatment and Medicaid funds ($1,390,185.96 revenue);

b. Facilities: Contract with Excel Mechanical Systems for replacement of Justice Center telephone air conditioning equipment ($16,850);

c. Parks and Open Space: Continuing service contract with Waterford Corporation for fencing (not to exceed $75,000);

d. Parks and Open Space: Continuing service contract with Jack Wiley for fencing (not to exceed $75,000).

Commissioner Stewart moved approval of Items No. 1 and 2. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1078)

Commissioners Matters:

3. Personnel Actions.

None.

4. Appointment of Shari Malloy to the Resource Conservation Advisory Board.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1087)

5. Petitions for Abatement or Refund of Taxes recommended for denial by the Hearing Officer:

a. Broomfield Town Center, LLC, ID #0129438 & 0129439;

b. BTC Retail Developers, LLC, ID #0129432 & 0129442;

c. Andre Sammoury, ID #0007174;

d. Vivace Reef, LLC, ID #0058766;

e. Black Fox Real Estate Group, LLC, ID #0072216-01, 0105004-01, 0099461-01, 0060576-01 through 05, 0080780-01, 0047730-01, 0067853-01.

Presenter: Rob Gunning, Assistant County Attorney

Speakers: Bruce Neumann, Representative of Vivace Reef, LLC. (5d)

Dick Mulvey, Senior Residential Appraiser (5d)

Commissioner Stewart moved approval of the Hearing Officer’s recommendations on Items No. 5a, 5b, 5c, and 5e. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1109)

Commissioner Stewart moved approval of the Hearing Officer’s recommendations of Item No. 5d. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1312)

Elected Officials and Department Heads Matters:

6. Sheriff’s Office: Grant Award from the Division of Criminal Justice designated for the Partnership for Active Community Engagement ($143,424) with request to waive administrative costs ($10,596.50).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1335)

7. IMPACT: Grant application to the Colorado Division of Criminal Justice for the Juvenile Accountability Incentive Block Grant ($15,000).

Presenter: Kit Thompson, IMPACT

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1370)

8. Housing Authority: Grant application to the Department of Local Affairs for Powell Office Building Community Development Block Grant ($298,800) with request to waive administrative costs ($10,350.74) – tabled from 6/18/02.

Presenter: Pat Mayne, Assistant County Attorney

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1384)

9. Transportation Department: Special Event Permit Application from Colorado Outdoor Sports, Inc. for the Niwot Criterium bike race on Sunday, July 21^st.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1390)

10. County Attorney’s Office: Intergovernmental Agreement from Ordinance 7195 with the City of Boulder.

Presenters: Larry Hoyt, County Attorney

Carolyn Dulchinos, Policy Analyst

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1444)

Administrative Matters:

11. Scheduling and Communications.

None.

Items Amended to Agenda:

12. Letter responding to the Crossroads Redevelopment Plan.

Presenter: Carolyn Dulchinos, Policy Analyst

Commissioner Danish moved conceptual approval of Item No. 12 with suggested changes. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1577)

13. Letters to Senator Leahy and Congressman Udall expressing opposition to the proposed appointments of judges to the Court of Federal Claims and the Third Circuit Court of Appeals.

Presenter: Carolyn Dulchinos, Policy Analyst

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1624)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 12:10 p.m.

Deputy Clerk to the Board