MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, SEPTEMBER 10, 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, September 10, 2002.

The meeting was called to order at approximately 9:12 a.m. by Chair Mendez with the following present:

Jana L. Mendez, Chair

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

Land Use Department: (9:12-9:35) (3590, Tape No. 37/DAT recorder, "counter" mode)

1. Public Hearing: Docket #SE-02-13 (Mack/Sauer BLA); Proposed lot line adjustment adding 0.4± acres to the Sauer property from the Mack property (located at 44 JJ Kelly Road and 791 Apple Valley Way, in Section 13, T3N, R71W.) (3590)

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

Presenters: Todd Tucker, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Commissioner Danish moved to approve Docket #SE-02-13, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as contained within the official record. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (3705)

2. Public Hearing: Docket #LU-02-09 (Patina Oil & Gas Company/Liley Open Space LU); Limited Impact Special Use Review for an access road reconfiguration to accommodate the Northwest Parkway alignment and maintain access to existing oil and gas facilities, resulting in 2,164 +\- cu.yds. of earthwork (1,053 cu.yds. cut/468 cu.yds. fill/ 585 cu.yds. import) (located ¾ miles east of 120th Street, in Sections 13 & 14, T1S, R69W.) (3714)

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

Presenters: Todd Tucker, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: David Padgett, Patina Oil and Gas

Ron Stewart, Speaking as Parks and Open Space Director

Commissioner Mendez moved to approve Docket #LU-02-09, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as contained within the official record. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (4370)

Public Hearing: Spitz Conservation Easement; County proposes to purchase a Conservation Easement over 2 lots, totaling approximately 2.18 acres, located in Hidden Lake Subdivision on the east side of Highway 72 and north of the town of Ward.(11:04 – 11:08) (0059, Tape No. 38/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

Present: Barbara Andrews, Assistant County Attorney

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, no. Motion carried 2-1. (0138)

Employee of the Month Award.

This item was rescheduled for September 24, 2002.

Non-Profit Hearings:(1:58 – 4:04) (0250, Tape 38/DAT recorder, "counter" mode)

2:00 p.m. – Boulder Reads, Boulder Shelter for the Homeless, Community Food Share, Emergency Family Assistance, OUR Center. (0250)

Speakers: Margie Rotkin, Emergency Family Assistance

Greg Harms, Boulder Shelter for the Homeless

Janet McLachlan, Boulder Shelter for the Homeless

Leslie Levinson, Emergency Family Assistance

Diana Sherry, Boulder Reads

Jean Werner, Our Center

Edwina Salazar Waldrip, Our Center

Jim Baldwin, Community Food Share

Terry Tedeschi, Community Food Share

Carol Grever Gray, Boulder Reads

Bonnie Greenwood, Budget Office

2:50 p.m. – Big Brothers/Big Sisters, Boulder Day Nursery, El Comité, Family Learning Center, I Have A Dream Foundation, OUR Child Care, The Parenting Place, St. Vrain Parenting Center, Teens, Inc., YWCA. (1060)

Speakers: Taryn Howe, 2600 S. Rock Creek Parkway, Superior

Ann Kusic, 2420 W. 26^th Ave #450-D, Denver

Alisa Musser, PO Box 1070, Nederland

Fran Eichenauer, 2222-A 14^th St., Boulder

Glenda Faus, P.O. Box 2174 Longmont

Jean Werner, OUR Child Care Center

Steve Callander, 1518 Spruce, Boulder

Marta Valenzuela Moreno, El Comité

Margo Tiller, El Comité

Janet Beardsley, YWCA, 2222 14th St., Boulder

Christina Usher, YWCA

Bonnie Greenwood, Budget Office

These items were for information only.

10:30 a.m.

BUSINESS MEETING

(10:32 – 10:52) (4390, Tape No. 37/DAT counter mode)

(1:55 - 1:58) (0195, Tape No. 38/DAT counter mode)

CONSENT ITEMS:

1. Architects Division: Award of Bid #4357-02, Elevator Addition, to the lowest and/or most responsible bidders – masonry portion to Top Notch Masonry ($14,500), steel portion to Mountain View Welding ($11,122).

2. County Attorney’s Office: Resolution 2002-118, conditionally approving Docket # SE-02-114 (Johnson/Ells Boundary Line Adjustment).

3. Contracts:

a. Road Maintenance – contract with Andesite Rock Company for road sanding materials (amount depends on usage);

b. Architects – contract with Boulder Steel for Justice Center Addition steel fabrication & erection ($724,613);

c. Transportation – Right-of-Way agreement with Evelyn Whisman for the Airport Road project ($10,100);

d. Purchasing – contract with Roller & Associates for auction services (revenue).

4. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, September 11th, 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. (4400)

Commissioners Matters:

5. Personnel Actions.

None.

6. Letter to the Omaha District Corps of Engineers supporting a joint project to implement a Section 206 Environmental Improvement Project at Lower Boulder Creek and Coal Creek Open Space.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4502)

7. Letter to the Superintendent of Rocky Mountain National Park supporting maintenance of the current Copeland Lake Snowpack Telemetry (SNOTEL) site while installing an additional site at another location (Environmental Assessment Alternative 3).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4522)

Elected Officials and Department Heads Matters:

8. County Attorney’s Office:

a. Resolution 2002-115, concerning determination of total revenues to be derived in 2003 from the Mill Levy Increase Proposal in Resolution 2002-105 (Tabled from 9/5/02);

b. Resolution 2002-114, concerning the proposal for a Regional Transportation Sales and Use Tax and Bonds ballot issue (and rescinding Resolutions 2002-97 & 2002-106) (Tabled from 9/5/02);

c. Resolution 2002-121, approving a ballot title for a Special Assessment Bond Issue in the Pine Brook Hills Unit One Local Improvement District;

d. Resolution 2002-120, certifying ballot measures for the November 5^th, 2002, General Election Ballot;

e. Resolution 2002-107, conditionally approving Docket # SI-02-02 (University of Colorado at Boulder SI-1041 Request – Tennis Court Complex).

Presenter: Larry Hoyt, Assistant County Attorney

Speaker: David (No last name given) (8e)

In separate motions Commissioner Danish moved approval of Items No. 8a, 8b, and 8d. Commissioner Stewart seconded the motions.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4593) (4662) (4739)

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4713)

Commissioner Stewart moved to table Item No. 8e until 1:55 p.m. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4835)

At 1:55 p.m. the Business Meeting was reconvened to consider Item No. 8e and Item No. 17 (See Items Amended to Agenda).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0207, Tape No. 38)

9. Parks and Open Space Department: Sale of three Transferable Development Rights to Michael Markel (Morton property).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4848)

10. Transportation Department: Special Event Application for County Roads from Boulder Road Runners, for a 5-mile & 2-mile foot race on Sunday, October 13^th (9:30 – 10:30 a.m.)

Presenter: Mike Thomas, Transportation Department

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4872)

11. District Attorney’s Office – grant applications to the Victims Assistance and Law Enforcement (VALE) Fund to continue Victim/Witness programs, with requests to waive admin costs:

a. $66,107 grant ($4,335.24 admin);

b. $37,766 grant ($2,502.56 admin).

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4886)

Administrative Matters:

12. Scheduling and Communications.

None.

13. Resigning of Western Mobile water rights form due to a clerical error.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4910)

14. Authorization for the Board to go into Executive Session for the purpose of receiving attorney/client privileged information pursuant to CRS 24-6-402(4)(b) Legal Advice.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4940)

15. Authorization for the Board to go into Executive Session for the purpose of discussing matters currently under negotiation pursuant to CRS 24-6-402(4)(e) Negotiations.

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (4949)

16. Transportation Department: Request for signature by the Chair on a letter to the City of Boulder regarding the Lakewood Pipeline traffic control, road closure, and maintenance of traffic issues.

Presenter: Clark Misner, Transportation Department

Commissioner Stewart moved approval of Item No. 16 with changes as discussed. Commissioner Danish seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0040)

17. County Attorney’s Office: Representation agreement with Paul Snyder. (1:58 p.m.)

Presenter: Larry Hoyt, County Attorney

ACTION

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

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (0218)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:04 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.]