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MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, MAY 3, 2005

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, May 3, 2005.

The meeting was called to order at approximately 9:03 a.m. by Chair Pearlman with the following present:

Ben Pearlman, Chair

Thomas A. Mayer, Vice Chair

Will Toor, Commissioner

9:00 A.M.

PRESENTER: Land Use Department

Public Hearing: Docket #SE-04-017 (Goddard / Rothe LR / BLA / Site Plan Review); Subdivision Exemption for a Lot Recognition of a parcel consisting of 1.16 acres and a Boundary Line Adjustment between two parcels, including a Site Plan Review for a 1,884 sq.ft. addition (856 sq. ft. basement, 250 sq.ft. first floor, 778 sq.ft. second floor) to an existing residence. This property is at 5461 Ute Highway, east of North 53rd Street, in Section 21, T3N, R70W. (Tabled from 09/02/04 & 04/12/05). (9:03 – 9:37) (00:28, Tape No. 23/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: Phillip Goddard, applicant

ACTION

Commissioner Mayer moved to enter into Executive Session for the purpose of receiving legal advice concerning this docket pursuant to CRS 24-6-402(4)(b) Legal Advice. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (08:11)

ACTION

Commissioner Toor moved to conditionally approve Docket #SE-04-017 site plan review, in accordance with staff recommendations, commitments of record by applicant and with additional conditions as discussed and contained within the official record. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (10:33)

ACTION

Commissioner Toor moved to approve the lot recognition with subdivision exemption requested in Docket #SE-04-017, in accordance with staff recommendations, commitments of record by applicant and with additional conditions as discussed and contained within the official record. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (13:47)

ACTION

Commissioner Toor moved to approve the boundary line adjustment requested in Docket #SE-04-017, in accordance with staff recommendations, commitments of record by applicant and with additional conditions as discussed and contained within the official record. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, no; MAYER, aye; TOOR, aye. Motion carried 2-1. (13:54)

11:00 A.M.

PUBLIC COMMENT

Members of the public may address the County Commissioners. (11:40 – 11:41) (48:45, Tape No. 23/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.

[Note: This meeting was officially opened for public comment at which time no member of the

public came forward to address the Board. The meeting was then adjourned.]

2:00 P.M.

PRESENTER: Parks & Open Space Department

Public Hearing: Geocaching on designated County open space trails, subject to registration and certain conditions to minimize resource impacts. In order to do this the Parks and Open Department is asking for approval of an amendment to the County Parks and Open Space Rules and Regulations(2:05 – 2:22) (49:10, Tape No. 23/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: Tina Nielsen, Parks and Open Space Department

Lynette Anderson, Parks and Open Space Ranger

Speakers: None

ACTION

Commissioner Toor moved to approve the amendment of Parks and Open Space Rules and Regulations as presented and in accordance with staff recommendations. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (57:22)

3:00 P.M.

PRESENTER: Boulder County Advocates for Transitional Housing

Update on transitional housing issues. (3:00 – 3:15) (57:54, Tape No. 23/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 Harms, Boulder County Advocates for Transitional Housing

Catherine Bedell, Advocates for Transitional Housing

Present: Barbara Andrews, Assistant County Attorney

This item was for information only.

3:15 P.M.

PRESENTER: Sheriff’s Office

Public Meeting: Boulder County ambulance contract and the Louisville Fire Protection District. (3:16 – 4:10) (1:05:53, Tape No. 23/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: Joe Pelle, County Sheriff

Mike Donner, Pridemark

Present: Andrew MacDonald, Assistant County Attorney

Speakers: Larry Donner, City of Boulder Fire Chief

Hank McCarthy, Longmont Fire Department

Tim Barker, Louisville Fire Department

David Yost, Louisville Fire Protection Board

Dr. Ronald Genova, Boulder County Paramedics

(Continued on Tape No. 24)

Mike Tambalado, Cherryvale Fire District

ACTION

Commissioner Mayer moved to approve inclusion of the Louisville Fire Protection District within the Boulder County ambulance contract as proposed by the sheriff and with terms discussed and contained within the official record. Additional direction was given to staff to draft an addendum to the contract to that effect. Commissioner Pearlman seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (07:05)

10:30 a.m.

BUSINESS MEETING

(10:22 – 11:40) (14:27, Tape No. 23/DAT recorder, "counter" mode)

NEW BUSINESS:

ITEMS TO NOTE FOR THE RECORD:

1. Application for use of the Courthouse Lawn from the Rocky Mountain Peace and Justice Center for a Cinco de Mayo event on Thursday, May 5 (11:00 a.m. – 2:00 p.m.)

Item No. 1 was noted for the record.

CONSENT ITEMS:

2. Sheriff’s Office: Notification of Grant Award from the Office of National Drug Control Policy for 2005 High Intensity Drug Trafficking Area funds ($31,825).

3. Architects Division: Award of Bid #4641-05, Parks and Open Space Administration Building Interior Doors, Door & Window Frames and Hardware, to the lowest, most responsible bidder – Doorway Solutions ($45,758).

4. Contracts:

a. Facilities Management Division – contract with Excel Mechanical for the Justice Center mechanical room ventilation upgrade ($39,500);

b. Human Resources Division – renewal of the medical and dental claims administrator contract with Mountain States Administration Company ($330,000).

ACTION

Commissioner Mayer moved approval of Items No. 2 through 4. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (14:41)

DISCUSSION ITEMS:

Commissioners Matters:

5. Personnel Actions.

None.

6. Authorization for the Board to go into Executive Session at 10:00 a.m. on Wednesday, May 4, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Presenter: Madeleine Meacham, Deputy County Attorney

ACTION

Commissioner Mayer moved approval of Item No. 6 for the purposes set forth by the Deputy County Attorney. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (15:00)

7. Ratification of Chair Pearlman’s 4/28/05 signature on an Agreement to Amend / Extend Contract for the sale of the Nervig property.

ACTION

Commissioner Mayer moved approval of Item No. 7. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (15:13)

Elected Officials and Department Heads Matters:

8. Sheriff’s Office:

a. Grant application to the Edward Byrne Memorial Drug Control System Improvement Program for interim Drug Task Force funding 7/1/05 – 9/30/05 ($62,500), with request for County contribution of admin costs ($785.04);

b. New grant application to the Colorado Department of Local Affairs to fund the Black Tiger Weapons of Mass Destruction Terrorism Response Exercise ($55,981);

c. Federal Equitable Sharing Agreements with the U.S. Department of Justice for the Sheriff’s Office and the Drug Task Force, to continue participation in the asset forfeiture program.

Presenters: Steve Prentup, Sheriff’s Office (8a & 8c)

Dave Booton, Sheriff’s Office (8b)

ACTION

Commissioner Mayer moved approval of Item No. 8a. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (16:35)

ACTION

Commissioner Toor moved approval of Item No. 8b. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (18:14)

ACTION

Commissioner Pearlman moved approval of Item No. 8c. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (19:18)

9. Head Start: Grant application to the Administration for Children, Youth and Families to continue funding for 2005 / 2006 ($1,364,241), with request for County contribution of admin costs ($56,562.66).

Presenter: Maria Harper, Head Start Division Manager

ACTION

Commissioner Toor moved approval of Item No. 9. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (19:53)

10. Transportation Department:

a. Special Event Application for County Roads from Clark Sheehan Pro-ductions for the Boulder Roubaix Circuit bicycle race on Saturday, May 14 (7:30 a.m. – 4:30 p.m.);

b. Special Event Application for County Roads from Clark Sheehan Pro-ductions for the Sunshine Canyon Hill Climb bicycle race on Sunday, May 15 (7:30 – 10:30 a.m.);

c. Resolution 2005-47, providing for the acceptance of Antelope Drive for County maintenance;

d. Resolution 2005-48, authorizing funding for the State Highway 52 / North 79th Street intersection improvement project.

Presenters: Mike Thomas, Transportation Department (10a, 10b, & 10d)

Anita Riley, Transportation Department (10a & 10c)

Speaker: Clark Sheehan, applicant (8a)

ACTION

Commissioner Toor moved approval of Item No. 10a with conditions as discussed and contained within the official record. Commissioner Pearlman seconded the motion.

VOTE: PEARLMAN, aye; MAYER, no; TOOR, aye. Motion carried 2-1. (32:25)

ACTION

Commissioner Toor moved approval of Item No. 10b. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (33:48)

ACTION

Commissioner Pearlman moved approval of Item No. 10c. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (34:06)

ACTION

Commissioner Toor moved approval of Item No. 10d. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (34:28)

11. Parks and Open Space Department: Contract Amendment #1 to extend the Prebles Meadow Jumping Mouse Habitat Conservation Plan contract with the Colorado Division of Wildlife through 6/30/06.

Presenter: Conrad Lattes, Assistant County Attorney

ACTION

Commissioner Toor moved approval of Item No. 11. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (35:14)

12. Land Use Department: Determination whether changes to Docket #SI-01-03 / SU-01-10 / SE-01-30 (Longmont Water Treatment Plant) constitute a substantial modification to the previous approval.

Presenter: Dale Case, Land Use Department

Speakers: Larry Wano, City of Longmont

Steve Bossard, Western Summit Construction

ACTION

Commissioner Mayer moved that the proposed changes would not constitute a substantial modification to the previous approval of SI-01-03 / SU-01-10 / SE-01-30 so long as the discussed conditions were adhered to. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (48:25)

Administrative Matters:

13. Scheduling and Communications.

None.

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:10 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.]

 

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