MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, SEPTEMBER 24, 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 24, 2002.

The meeting was called to order at approximately 9:06 a.m. by Vice Chair Danish with the following present:

Jana L. Mendez, Chair, excused for the day

Paul Danish, Vice Chair

Ronald K. Stewart, Commissioner

Land Use Department: (9:06 – 9:16) (1353, Tape No. 40/DAT recorder, "counter" mode)

1. Public Hearing: Docket #EP-02-10 (Brownsville/Castro/Riggle EP); Exemption Plat to combine a portion of Tract B with two adjoining lots in the Brownsville Subdivision (located at 11528 & 11542 Flatiron Drive, Northwest of Erie, including Lots 2 & 3, Block 7 and part of Tract B of the Brownsville Subdivision, in Section 14, T1N, R69W.) (1353)

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: None

Commissioner Stewart moved to approve Docket #EP-02-10, in accordance with staff recommendations and commitments of record by applicant. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1443)

2. Public Hearing: Docket #EP-02-09 (Winterview/Conway/Goddard EP); Exemption Plat to adjust the boundary of two lots (located at 7237 Meadow Lane & 8671 Spring Creek Trail, Lots 1 & 2 of Winterview PUD in Niwot, in Section 30, T2N, R69W.)(1448)

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: Christopher Conway

Commissioner Stewart moved to approve Docket #EP-02-09, in accordance with staff recommendations, commitments of record by applicant, and with the additional condition that the final plat not be recorded until all appropriate permits had been obtained by the applicant. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1551)

Public Hearing: Docket #SE-02-16 (Meade Lot Recognition); Subdivision Exemption to recognize an 8.04-acre parcel as a legal building lot (located at 528 County Road 126S, in Section 11, T1S, R73W) (Rescheduled from 09/19/02). (11:02 – 11:10) (2258, Tape No. 40/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: Todd Tucker, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Susan and Dale Meade, 5484 Hwy 72, Golden, Colorado

ACTION

Commissioner Stewart moved to approve Docket #SE-02-16, in accordance with staff recommendations, commitments of record by applicant, and with additional conditions and amendments as contained within the official record. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (2417)

Presentation on Ballot Issue 3A which authorizes bonded debt for the District. (11:27 – 11:52) (2439, Tape No. 40/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: Kathy Hall, President of the St. Vrain Board of Education

Mike Rademacher, member of the St. Vrain Board of Education

ACTION

Commissioner Danish moved to support Ballot Issue 3A. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (3050)

Presentation of the Six-Month Report. (2:01 – 2:14) (3101, Tape No. 40/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: Janet Heimer, Community Action Program Manager

This item was for information only.

Sarah Boylan of the Best Program was awarded a check for $200, a certificate, and a lapel pin.

1. Docket #SD-99-02 (Niwot Hills Subdivision TDR/PUD FP/SSDP Resubmittal); Final Plat/Site Specific Development Plan for a Transferred Development Right/Planned Unit Development for Phase I which contains 17 lots from the 46 lots approved by Sketch Plan (located at 9300 Niwot Road, at the southwest corner of the Niwot Road/North 95th Street intersection, east of Morton Heights, south of Boulder & White Rock Ditch, in Section 32, T2N, R69W) (Tabled from 8/6/02 & 9/3/02). (10:02-10:06) (1569, Tape No. 40/DAT counter mode)

Presenter: Greg Oxenfeld, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Craig Blockwick, attorney representing Michael Markel

David Padgett, Patina Oil and Gas

Commissioner Stewart moved approval of Item No. 1 with minor changes as detailed within the official record. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1657)

CONSENT ITEMS:

2. Financial Services Division: Warrants Issued Report for August.

3. County Attorney’s Office:

a. Award of RFP #4302-02, Subscription for Web-Based Legal Research, to the second-lowest bidder – Westlaw ($3,000 per month for 2003/$3,300 per month for 2004) (Note: lowest bidder did not meet specifications);

b. Resolution 2002-126, conditionally approving Docket # LU-02-10 (Fischer Limited Impact Special Review).

4. Parks and Open Space Department: Award of Bid #4358-02, Pickup Truck, to the lowest, most responsible bidder – Valley Ford ($18,130).

5. Contracts:

a. Parks and Open Space – continuing services contract with Silva Logic for forestry management prescriptions (not to exceed $75,000);

b. Parks and Open Space – contract with ERO Resources for St. Vrain Master Plan consulting & design services ($19,977);

c. Risk Management – contract with Marsh USA for brokerage & risk management services ($42,500);

d. Aging Services – renewal of the senior nutrition meal provider contract with Word of Mouth Catering (not to exceed $100,000).

6. Authorization for the Board to go into Executive Session on Wednesday, September 25, 2002, as follows:

a. 10:30 a.m. with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice;

b. 3:00 p.m., pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Stewart moved approval of Items No. 2 through 6. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1718)

Commissioners Matters:

7. Personnel Actions.

None.

8. Employee Legal Representation Agreement with Paul Snyder for BOCC v. Mygatt at al.

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1729)

9. Ratification of Administrative Service Director Arlen Stokes’ signature on the Boulder County Retirement Plan bookkeeping agreement with Lawrence Jordan & Associates.

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1735)

Elected Officials and Department Heads Matters:

10. Sheriff’s Office:

a. This item was withdrawn;

b. Authorization of small equipment purchases from KINSCO, LLC, pursuant to Policy II.14.C.4;

c. Proposed donation of a motor home for use as an Incident Command Vehicle.

Speakers: Faye Ashley, Sheriff’s Office (10b)

Larry Stern, Sheriff’s Office (10b & 10c)

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1778)

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1810)

11. Transportation Department: Recommendation that the County maintain the Community Rating System for the National Flood Insurance Program.

Presenter: Dave Webster, Transportation Department

ACTION

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1860)

12. Resource Conservation Division:

a. Approval of the Resource Conservation Advisory Board bylaws;

b. Recommendation on the appointment of Lisa Skumatz to RCAB;

c. Recycling Sales and Use Tax funding request from the Town of Superior ($20,000);

d. Proposed changes to the waste hauler licensing ordinance.

Presenter: Hillary Collins, Resource Conservation Division

Speaker: Karen Imbeirowicz, Town of Superior

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1885)

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1888)

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (1990)

Commissioner Stewart moved to table Item No. 12d indefinitely. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (2050)

13. County Attorney’s Office: Temporary Access Agreement (Haselwood property).

Presenter: Emy Brawley, Parks and Open Space Department

Commissioner Stewart moved approval of Item No. 13 with an authorization to sign appropriate documents in his capacity as Director of the Parks and Open Space Department. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (2107)

14. This item was withdrawn.

15. Community Justice Services Division: Amendment #2 to the contract with the Colorado Division of Criminal Justice for Senate Bill IV Halfway House funding, to bring the contract into compliance with State Fiscal Rule 3-1.

ACTION

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (2150)

Administrative Matters:

16. Scheduling and Communications.

None.

17. Transportation Department: Ratification of Commissioner Stewart’s signature on a letter to Denver Regional Council of Governments regarding grant funding for Johnson’s Corner.

Presenter: Clark Misner, Transportation Department

ACTION

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (2213)

18. Parks and Open Space Division: Authorization to accept an offer of $367,000 for the Schubert property.

Presenter: Mel Stonebraker, Parks and Open Space Department

ACTION

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (2230)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 2:14 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.]