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, July 11, 2002.

The meeting was called to order at approximately 9:04 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-02-064 (Stoller Residence); Site Plan Review for the construction of a 4,626 square foot residence (above grade = 4,624 sq.ft./below grade = 0 sq.ft./finished floor area = 4,626 sq.ft./ unfinished floor area = 0 sq.ft) located at 5910 Galatia Rd, in Section 03, Township 2N, Range 70W. (9:04 – 9:12) (1720, Tape No. 28/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: Phillip Hartigan, Land Use Department

Present: Larry Hoyt, County Attorney

Speakers: Irene Stoller, Applicant

Commissioner Danish moved to approve Docket #SPR-02-064, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as contained within the official record. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1974)

Presentation of Employee Suggestion Award to Chris Robb and Scott Stull, Commissioners’ Office. (11:02 – 11:06)(2260, Tape No. 28/DAT recorder, "counter" mode)

Chris Robb and Scott Stull were presented with an award of $125.00 by the Suggestion Committee for their suggestion to improve lighting behind the Courthouse.

Public Hearing on proposed open space items: (2:03 – 2:35) (2377, Tape No. 28/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: Shelley Bailey, Assistant County Attorney

1. Northwest Parkway Public Highway Authority exchange – County proposes to grant temporary construction easements and/or rights of entry and permanent utility easements, and convey land from the Simi Roberts property to the Northwest Parkway Public Highway Authority, in exchange for two enlarged culverts and a parking lot located on the north side of Dillon Road. (2382)

Presenter: Ellen Flannelly, Parks and Open Space Department

Speaker: Tim Nash, representing the Northwest Parkway Public Highway Authority

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2824)

2. Coney Island property – County proposes to purchase seven mining claims, totaling approximately 32.2 acres, located 1.5 miles southwest of Hessie Townsite. (2832)

Presenter: Ellen Flannelly, Parks and Open Space Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2900)

3. CEMEX, Inc. property – County proposes to acquire the CEMEX interest in approximately 1,594 acres located east of Lyons between the Rabbit Mountain Open Space and the West Dowe Flats Open Space. (2907)

Presenter: Emy Brawley, Parks and Open Space Department

Speakers: Laverne Johnson, Lyons

Linda Andes Georges, 5684 Aurora Place

Commissioner Danish moved approval of Item No. 3 and that he be authorized to sign amended purchase documents for the Marigold and Cemex purchases as necessary. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (3196)

Presentation of Land Conservation Award to Jim Crain. (3:37 - 3:58) (3350, Tape No. 28/DAT recorder, "counter" mode)

The Commissioners presented Jim Crain with the 2002 Land Conservation Award in recognition of his many years of service toward the planning and acquisition of open space by the City of Boulder.

1. Financial Services: Warrants Issued Report for June.

2. Contracts:

a. Resource Conservation – contract with ETI Professionals to provide temporary employees for the Household Hazardous Waste program ($11,000);

b. Parks and Open Space – Amendment No. 1 to the Lohr/McIntosh Barn Rehabilitation contract with Historical Applications, Inc. for additional north foundation wall stabilization (up to $10,464.80);

c. Longs Peak Energy Conservation – renewal of the Loveland office/warehouse lease agreement with Advantage Leasing Company ($23,880);

d. Longs Peak Energy Conservation – renewal of the Energy Savings Partners Program contract with the Colorado Office of Energy Management and Conservation ($830,692 revenue).

3. Open Space documents:

a. Mechanics Lien Letter, Division of Land Notice (CEMEX Stone Canyon parcel);

b. Revision to the Special Warranty Deed signed 7/9/02, changing the middle initial of the buyer's name to his full middle name (Strawberry Holdings/Mark L. Younghein House Sale).

4. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, July 17th, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Danish moved approval of Items No. 1 through 4. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1996)

Commissioners Matters:

5. Personnel Actions.

None.

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

a. The Wimbledon Association c/o Hast & Company, ID #0094608;

b. Longbow Partnership, ID #0060009;

c. 1207 Pearl Street LLC, ID #0009314.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2002)

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:

a. Request for bid waiver for the Boulder County Health Department to provide substance abuse evaluation, treatment & monitoring for TANF participants (not to exceed $20,000), with attached contract;

b. Renewal of the managed care child welfare services through IMPACT contract with the Mental Health Center of Boulder County (not to exceed $503,452).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2023)

Elected Officials and Department Heads Matters:

8. County Attorney’s Office: Settlement Agreement and Mutual Release with Illinois Union Insurance Company (Boulder County District Court No. 01-CV-1678).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2028)

9. Land Use Department: Extension to the original Special Use Review for Docket #SU-96-14 (New Covenant Church SU/SSDP).

Presenter: David Callahan, Land Use Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2087)

10. Parks and Open Space Department: Closing documents for the Marigold property purchase, with request to authorize Commissioner signature on additional documents as they become available and to authorize staff to finalize legal descriptions.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2109)

11. Transportation Department: Resolution 2002-85, temporary closure of East County Line Road (SH 7 to Arapahoe Road).

Presenter: Mike Thomas, Transportation Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2140)

12. Longs Peak Energy Conservation: Award of Bid #4336-02, Weatherization Materials, to multiple vendors (Reis Environmental, Westland Distributing, AM Conservation, Columbia Industries, Rocky Mountain Sales & Service, Positive Energy, Smalley & Company, Niagara Conservation, J&R Wood Products, Grainger, Eagle Rock.)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2151)

13. Scheduling and Communications.

None.

14. Parks and Open Space: Grant applications to the Farmland Protection Program for the Meglemre Property and Parcels 7 & 8 of the Almquist Property.

Presenter: Ron Stewart, Director of Parks and Open Space Department

Shelley Bailey, Assistant County Attorney

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2185)

15. Request for signature of the Sixth Supplemental Loan Agreement with the University Corporation for Atmospheric Research.

Presenter: Pat Mayne, Assistant County Attorney

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2217)

16. Authorization to enter into Executive Session for the purpose of receiving Attorney/Client privileged communications pursuant to CRS 24-6-402(4)(b) Legal Advice.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2225)

At approximately 4:09 p.m. the Business Meeting was reconvened in order to consider Item No. 17.

17. Transfer of $8,000,000 from 2001 carry-over funds from the Open Space Sales Tax into the 2002 budget in order to fund the purchase of the Marigold property.

Presenter: Margaret Parish, Budget Office Director

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4076)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:11 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.]