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, July 30, 2002.

The meeting was called to order at approximately 9:07 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-02-088 (Waddle Addition); Site Plan Review for the construction of a 3,844 square foot addition (above grade = 3,844 sq.ft./below grade = 0 sq.ft./finished floor area = 1,218 sq.ft./unfinished floor area = 2,327 sq.ft.) (located at 4577 Eldorado Springs Drive, Lot 2, Valle Del Rio subdivision, in Section 20, T1S, R70W.) (9:07 – 9:29) (0461, Tape No. 31/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: Heather Stroud, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Ted Waddle, Applicant

Tom Meyer, 4151 Eldorado Springs Drive

Helen Roberts, 4479 Prado Drive

Commissioner Stewart moved to conditionally approve Docket #SPR-02-088, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions regarding landscaping as contained within the official record. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0947)

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) (Tabled from 06/20/02 & 07/25/02). (11:16 – 12:12) (1630, Tape No. 31/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

Mike Thomas, Transportation Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Michael McNally, Applicant

Jahnavi Stenflo

Jeff Moline, Parks and Open Space Department

Commissioner Danish moved to enter into executive session for the purpose of receiving legal advice pertaining to this matter pursuant to CRS 24-6-402(4)(b) Legal Advice. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2530)

Commissioner Danish moved to conditionally approve Docket #SPR-02-035, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as contained within the official record including but not limited to gated access and extensive revegetation of areas disturbed by construction. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, no; DANISH, aye; STEWART, aye. Motion carried 2-1. (2545)

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

Presenters: Heather Stroud, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Paul Hartig, Applicant

Michael Gunst, 47 S. Peak Trail

Marcia Steward

Sherman Shachter

Arnold Price, S. PeakTrail

Lily Gelb, Lot 9 Swiss Peaks

Carol Kyle

David Eisenstien, Attorney for applicant

Commissioner Danish moved to table Docket #SPR-02-081 to 10:00 a.m. August 27, 2002 in order for the applicant to make adjustments and revisions as recommended by the Commissioners. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4781)

10:00 a.m.

BUSINESS MEETING

(10:07 – 10:50) (0967, Tape No. 31/DAT counter mode)

1. Docket #SE-02-10 (Juniper Heights Townsite/Smethills/Ingalls LR/BLA); Subdivision Exemption for a Lot Recognition and a Boundary Line Adjustment within a Townsite (located at 140, 160 & 132 Juniper Heights Road, west of Gross Dam Road and north of Coal Creek Canyon Drive/SH 72, in Section 28, T1S, R71W.) (10:07 – 10:16) (0967, Tape No. 31/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: Andrew J. Simpson, Attorney representing Applicants

2. On-Call Employee Vehicle Information Form for John Sinnickson, Commissioners Office.

3. Head Start – Request For Proposal awards to the only respondents:

a. #4347-02, Food Services, to Boulder Valley Schools;

b. #4348-02, Occupational, Physical & Speech Therapists, to Centura Rehabilitation.

4. County Attorney’s Office – Land Use Resolutions:

a. 2002-76, conditionally approving Docket # LU-02-06 (Hudson LU/SPR);

b. 2002-86, approving Docket #DC-02-07 (Land Use Code Text & Map Amendment – Niwot Transferable Development Rights);

c. 2002-88, conditionally approving Docket # SU-01-01 (Columbine Unity Center SU/SSDP);

d. 2002-89, conditionally approving Docket # SD-01-04 (Wood Meadow NCNUPUD PP);

e. 2002-91, conditionally approving Docket #SD-01-01 (Spencer PUD PP);

f. 2002-92, conditionally approving Docket # HP-02-03 (Martindale Granary Historic Landmarking).

5. Human Resources – amendments to existing contracts to add VisionLink training services:

a. Dr. F.C. Luna ($16,500);

b. Dennice Kercher ($16,500);

c. Lynn Pollard ($15,000);

d. Susan Owens ($15,000);

e. Audrey Nelson ($15,000).

6. Other contracts:

a. Architects – contract with Total Concrete Services for Sundquist Building Addition concrete work ($55,474.02);

b. Commissioners – Economic Development Program contract with the Tourism and Recreation partnership ($15,300);

c. Parks and Open Space – continuing services contract with Lumberjacks Logging & Firewood for forestry management prescriptions (not to exceed $75,000);

d. Parks and Open Space – amendment to the Stroh/Dickens Barn exhibit design contract with Condit Exhibits to add services (additional $38,335);

e. Parks and Open Space – contract with the Boulder County Fair, Livestock Show & Rodeo for the 2002 County Fair ($34,130 prize money, $6,000 security);

f. Workforce Boulder County – renewal of the computer services contract with Computer Systems Design Company ($41,400);

g. Workforce Boulder County – renewal of the career counseling & group facilitation services contract with Linda Woods ($11,640).

7. Open Space acquisition documents: Mechanics Lien Letter, Access Easement, Lot A Restrictive Covenants, Lot B Restrictive Covenants (Barrett II property).

8. Parks and Open Space Department: Award of Bid #4338-02, St. Vrain Trail Master Consulting and Design Services, to the lowest most responsible bidder – ERO Resources ($19,977.00)

9. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, July 31^st, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Danish moved approval of Items No. 2 through 9. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1210)

Commissioners Matters:

10. Personnel Actions.

None.

11. Budget Office – 2002 Budget Supplemental Requests:

a. Longs Peak Energy Conservation ($10,000);

b. Surveyor ($3,000).

Presenter: Margaret Parish, Budget Office

Amy Hollander, Longs Peak Energy Conservation (11a)

Commissioner Stewart moved approval of Items No. 11a and 11b. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1263)

12. Diversity Coordinator – recommendations for funding:

a. Latina Women’s League dinner/dance fundraiser ($1,000);

b. El Comité de Longmont 22^nd anniversary celebration ($1,000).

Commissioner Danish moved approval of Items No. 12a and 12b. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1277)

13. Resolutions 2002-90, appointing Board of Equalization referees (Kim M. Dillinger, John M. Thornbury, David J. Feeser, Larry W. Heckley, Linda A. Pissare.)

Presenter: Robert Gunning, Assistant County Attorney

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1284)

14. Stipulation as to 2001 Value for the Petition for Abatement or Refund of Taxes filed by M&M 9^th Street LLC, ID #141944 ($8,846.34.)

Presenter: Robert Gunning, Assistant County Attorney

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1319)

15. Petitions for Abatement or Refund of Taxes filed by Nextel West Corporation, recommended for approval by the Assessor:

a. ID #0702688 ($1,017.54);

b. ID #0702689 ($1,139.88);

c. ID #0702690 ($1,137.40).

Presenter: Robert Gunning, Assistant County Attorney

Commissioner Stewart moved approval of Items No. 15a through 15c. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1331)

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. 16, after which the Board reconvened as the Board of County Commissioners:

16. Social Services Department: Award of RFP #4346-02, Copier Maintenance, to All Copy Products, the second lowest bidder ($0.011 per copy).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1337)

Elected Officials and Department Heads Matters:

17. County Attorney’s Office:

a. Orange Orchard Ground Lease;

b. Mineral Quitclaim Deed for MMS Partnership Lot A.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1341)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1352)

18. Transportation Department: Special Event Application for County Roads from the CU Cancer Research Foundation, for a four-mile running race Thursday, August 8^th (6:00 – 8:30 p.m.)

Presenter: Mike Thomas, Transportation Department

Commissioner Stewart moved approval of Item No. 18. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1367)

19. Land Use Department: Determination whether to call up Docket #SPR-02-108 (Wolkowisky Residence) for public hearing.

Presenter: Heather Stroud, Land Use Department

Commissioner Danish moved to reconsider of Item No. 19 under the advice of the County Attorney for failure to make a proper motion. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1481)

Commissioner Stewart moved to call up Docket #SPR-02-108 for public hearing Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1488)

20. Finance Division: Letter to KPMG regarding representations made to them during the 2001 audit.

Presenter: Bob Lamb, Finance Division Manager

Commissioner Stewart moved approval of Item No. 20. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1435)

21. Longs Peak Energy Conservation: Grant application to Larimer County Health & Human Services and the City of Fort Collins, for funds to cover the Larimer County share of administrative costs for the Energy Savings Partners weatherization program ($22,936).

Presenter: Amy Hollander, Longs Peak Energy Conservation

Commissioner Stewart moved approval of Item No. 21. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1460)

22. Workforce Boulder County: Request for Bid Waiver to purchase Solaris training services from Paul Casey ($54,163), with attached contract.

Commissioner Stewart moved approval of Item No. 22. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1467)

Administrative Matters:

23. Scheduling and Communications.

None.

24. Letter to Colorado Department of Human Services expressing concerns regarding the implementation of the standards developed by the Sex Offenders Management Board.

Presenter: Dickey Lee Hullinghorst, Intergovernmental Affairs Director

Commissioner Stewart moved approval of the signature of Item No. 24. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1543)

25. Parks and Open Space Department: Imhoff property counterproposal.

Presenter: Mel Stonebraker, Parks and Open Space Deparrment

Commissioner Stewart moved approval of Item No. 25. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1590)

26. Authorization to enter into Executive session for the purpose of receiving legal advice pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Stewart moved approval of Item No. 26. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (1598)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 3:11 p.m.

Deputy Clerk to the Board