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, September 26, 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 #SE-02-15 (Sweet SE); Subdivision Exemption to create a new .857-acre parcel from a 3.160-acre parcel (located at 344 South 68th Street, to the east of South 68th, south of South Boulder Road, in Section 11, T1S, R70W.) (9:04 – 9:45) (3470, 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: David Callahan, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: John Sweet, applicant

Jim Vickroy, 300 South 68^th Street

Werner Neupert, 333 S. 68^th Street

Nancy Neupert, 333 S. 68^th Street

Robin Van Norman 300 South 68^th Street

Commissioner Stewart moved to deny Docket #SE-02-15, in accordance with staff recommendations. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, excused; STEWART, aye. Motion carried 2-0. (4665)

Public Hearing: Pine Brook Hills Unit 1 Local Improvement District Authorization Hearing (Continued from 09/19/02). (11:13 – 12:10) (0239, Tape No. 41/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: Clark Misner, Transportation Department

Present: Leslie Lacy, Assistant County Attorney

Speakers: Jim Eyster, 50 Wildwood Lane, Boulder

Joe Johns, 242 Wildwood Lane, Boulder

Doug Clark, 210 Pine Brook Road, Boulder

Carolyn Clark, 210 Pine Brook Road, Boulder

Marie Zanowick, 755 Bow Mountain Road, Boulder

Steve Zanowick, 755 Bow Mountain Road, Boulder

John Atanasoff, 98 Pine Brook Road, Boulder

Mel Beauprez, 148 Pine Brook Road, Boulder

Sally Beauprez, 148 Pine Brook Road, Boulder

Kathy London, 228 Wildwood Lane, Boulder

Burt Lewis, 925 Pine Brook Road, Boulder

Lloyd Brady, 765 Pine Brook Road, Boulder

Brian Ridley, 619 Pine Brook Road, Boulder

Katherine Morss, 19 Wagner Circle, Boulder

Commissioner Danish moved to place this item on the ballot. Commissioner Mendez seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, excused. Motion carried 2-0. (1435)

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

Presenters: David Callahan, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Barb Brunk, Rocky Mountain Consultants

Commissioner Danish moved to approve Docket #SU-94-22/SU-94-23/SU-94-24, 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. (2454)

Public Hearing: Capital Improvement Project Budget. (3:34 – 3:41) (2586, Tape No. 41/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: Ben Pearlman, Parks and Open Space Department

Commissioner Danish moved approval of the Capital Improvement Project Budget. Commissioner Stewart seconded the motion.

VOTE: MENDEZ, aye; DANISH, aye; STEWART, aye. Motion carried 3-0. (2750)

10:30 a.m.

BUSINESS MEETING

(10:38 – 10:47) (0009, Tape No. 41/DAT counter mode)

1. Application for use of the Courthouse Lawn from Downtown Boulder, Inc., for the Oktoberfest celebration (Friday 9/27 – Sunday 9/29).

This item was noted for the record.

CONSENT ITEMS:

2. Road Maintenance Division: On-Call Employee Vehicle Information Form for Melvin Sais.

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

a. 2002-122, conditionally approving Docket # SE-02-13 (Mack/Sauer Boundary Line Adjustment);

b. 2002-123, conditionally approving Docket # LU-02-09 (Patina Oil & Gas/Liley Open Space Limited Impact Special Review);

c. 2002-130, conditionally approving Docket # EP-02-10 (Brownsville/Castro/Riggle Exemption Plat);

d. 2002-131, conditionally approving Docket # EP-02-09 (Winterview/Conway/Goddard Exemption Plat).

4. Contracts:

a. Architects – contract with Evergreen Caisson for Justice Center Addition caisson drilling & pouring ($147,000);

b. Information Technology – contract with Verizon for evaluation of a new IP Telephony system for the Courthouse and North Broadway complex (no expenditure);

c. Community Justice Services – Amendment #3 to the Senate Bill IV Halfway House contract with the Colorado Division of Criminal Justice, changing the disbursement schedule from quarterly to monthly.

5. Open Space acquisition documents: Special Warranty Deed, Deed of Conservation Easement in Gross, Amendment to Contract to Buy and Sell Real Estate, Contract with Colorado Open Lands, Restrictive Covenant Running with Water Rights and Land, Mechanics Lien Letter (Imhoff property).

Commissioner Stewart moved approval of Items No. 2 through 5. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (0030)

Commissioners Matters:

6. Personnel Actions.

None.

7. Boards and Commissions:

a. Resignation of Katharina Booth from the Domestic Abuse Prevention Project Advisory Board, with request to appoint Phil Davis as replacement;

b. Application from Tara Fitzgerald to fill the Niwot vacancy on the Aging Advisory Council.

In separate motions Commissioner Stewart moved approval of Items No. 7a and 7b. Commissioner Danish seconded the motions.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motions carried 2-0. (0041) (0044)

Elected Officials and Department Heads Matters:

8. Sheriff’s Office:

a. Continuing grant application to the Colorado Division of Criminal Justice to fund improved response capabilities for the Drug Task Force ($15,264), with request to waive admin costs ($528.76);

b. Letter of Agreement with the Colorado Travel Management Plan for designated extradition officers to participate in the Diners Club Corporate Card Program when traveling, and take advantage of reduced rates for airfare, lodging and car rentals.

Presenters: Capt. Denny Hopper, Sheriff’s Office (8b)

Jim Smith, Sheriff’s Office (8a)

Commissioner Stewart moved table Item No. 8a until 3:30. Commissioner Danish seconded the motion.

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (0073)

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (0142)

The Business Meeting was reconvened at 3:30 to consider Item No. 8a, at which time they took the following action:

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

VOTE: MENDEZ, aye; DANISH, no; STEWART, aye. Motion carried 2-1. (2517)

Administrative Matters:

9. Scheduling and Communications.

None.

10. Parks and Open Space Division: Re-signing of the amend/extend document for the Imhoff Property from August 27^th.

Presenter: Mel Stonebraker, Parks and Open Space

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (0165)

11. Architects Division: Request for a Bid Waiver for stabilization of the north bank for the Justice Center Addition project.

Presenter: Wayne Kuhn, Architects Division Manager

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (0207)

12. Authorization to enter into Executive Session pursuant to CRS 24-6-402(4)(b) Legal Advice.

Presenter: Pat Mayne, Assistant County Attorney

ACTION

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

VOTE: MENDEZ, excused; DANISH, aye; STEWART, aye. Motion carried 2-0. (0213)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 3:41 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.]