HomeMy WebLinkAbout1223 - TRIENNIAL Determination for the Continuation of the Rocky Flats Stewarship Council - February 2018 - 2021RESOLUTION 1223
of
City of Boulder, Colorado
Regarding
Triennial Determination for the Continuation of
The Rocky Flats Stewardship Council
(February 2018-2021)
WHEREAS, the City and County of BROOMFIELD, the Counties of BOULDER and
JEFFERSON, the Cities of ARVADA, BOULDER, GOLDEN, NORTHGLENN, THORNTON
and WESTMINSTER, and the Town of SUPERIOR (collectively, the "Parties"), entered into an
intergovernmental agreement dated February 13, 2006, as amended on February 6, 2012 ("IGA")
establishing the Rocky Flats Stewardship Council, a separate legal public entity created by such
IGA as permitted by Colorado Constitution Article XIV and section 18(2), part 2 of article 1,
title 29, C.R.S. ("Stewardship Council"); and
WHEREAS, the Stewardship Council was established to allow local governments to
continue working together on issues related to the long-term protection of Rocky Flats, as
described in the IGA; and
WHEREAS, pursuant to the terms of the IGA, the Stewardship Council shall terminate
absent, inter alia, the unanimous triennial determination by all Parties that the Stewardship
Council should continue for another three years; and
WHEREAS, the City Council of the City of Boulder now desires to consider and make a
determination concerning the continuation of the Stewardship Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BOULDER AS FOLLOWS:
That the City Council of the City of Boulder, Colorado does hereby find and detenrine that,
a. It is not desirable for the Stewardship Council to terminate at this time; and
b. The Stewardship Council should continue for an additional three (3) years
from the date of February , 2018, pursuant to the terms and provisions of the IGA.
APPROVED AND ADOPTED this 5th day of December, 2017.
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ATTEST:
By:
(00304784)
City Council
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SECOND AMENDMENT
TO
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE
ROCKY FLATS STEWARDSHIP COUNCIL
This Second Amendment to Intergovernmental Agreement establishing the Rocky Flats
Stewardship Council ("Second Amendment to IGA") is made and entered into as of this t'h
day of Dalai, , 2017, pursuant to Colo. Const. Art. XIV, Section 18(2), part 2 of
article 1, title 29, C.R.S., by and among the following parties who have executed this IGA:
BOULDER COUNTY, a body politic and corporate and political subdivision of the State of
Colorado, JEFFERSON COUNTY, a body politic and corporate and political subdivision of the
State of Colorado, the CITY OF ARVADA, a home -rule municipal corporation and political
subdivision of the State of Colorado, the CITY OF BOULDER, a home -rule municipal
corporation and political subdivision of the State of Colorado, the CITY AND COUNTY OF
BROOMFIELD, a Colorado municipality and county, the CITY OF WESTMINSTER, a home -
rule municipal corporation and political subdivision of the State of Colorado, the TOWN OF
SUPERIOR, a municipal corporation, the CITY OF GOLDEN, a home rule municipal
corporation and political subdivision of the State of Colorado, and the CITY OF
NORTHGLENN, a home -rule municipal corporation and political subdivision of the State of
Colorado, and the CITY OF THORNTON, a home -rule municipal corporation and political
subdivision of the State of Colorado (singularly and/or collectively, "Party/Parties").
RECITALS
WHEREAS, the Rocky Flats Stewardship Council ("Stewardship Council") was
established by intergovernmental agreement ("IGA") effective February 13, 2006, as modified
by First Amendment dated February 6, 2012 (collectively, the "IGA"), by and among Boulder
County, Jefferson County, the City of Arvada, the City of Boulder, the City and County of
Broomfield, the City of Westminster, the Town of Superior, the City of Golden, the City of
Northglenn, and the City of Thornton, and was created to allow local governments to work
together on issues related to the long-term protection of Rocky Flats; and
WHEREAS, the Stewardship Council is currently governed by a Board of Directors
made up of public official representatives of ten Colorado local governments with borders which
lie adjacent to or near the Rocky Flats site, including Boulder County, Jefferson County, the City
of Arvada, the City of Boulder, the City and County of Broomfield, the City of Golden, the City
of Northglenn, the City of Thornton, the City of Westminster, and the Town of Superior; and
community stakeholder representatives including the League of Women Voters, the Rocky Flats
Cold War Museum, and the Rocky Flats Homesteaders; and
WHEREAS, after more than ten years of operations, the Stewardship Council now
desires to update and clarify its mission and purposes, to more accurately describe its role and
replace technical references to current regulatory standards;
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WHEREAS, the Stewardship Council, at a meeting held September 11, 2017, approved
the proposed revisions to the IGA; and
WHEREAS, any modification to the IGA requires a written amendment, executed by all
Parties to be valid and binding; and
WHEREAS, the Constitution and the laws of the State of Colorado permit and encourage
local governmental entities to cooperate with each other to make the most efficient and effective
use of their powers and responsibilities; and
WHEREAS, the execution of this Second Amendment to IGA by the existing Parties to
the IGA implements Colo. Const. Art. XIV, Sec. 18(2), and part 2 of article 1, title 29, C.R.S.,
and is in the best interest of the Parties, the region and the people of the State of Colorado;
THEREFORE, the Parties to this Second Amendment to IGA hereby covenant and agree
as follows:
COVENANTS AND AGREEMENTS
1. Definitions. The following term as provided under the heading "Definitions" in
the IGA shall be amended as follows:
"Rocky Flats" means the entire former Rocky Flats nuclear weapons site, a
federal facility currently under the jurisdiction of both the United States
Department of Energy (DOE) and United States Department of the Interior (DOI),
located primarily in Jefferson County, Colorado, inclusive of the entire Rocky
Flats National Wildlife Refuge. (See map, shown as "Attachment 1.")
2. Mission Statement. Paragraph 2 of the IGA, regarding the Stewardship Council's
Mission Statement, is hereby amended in its entirety to read as follows:
Mission Statement. The mission of the Stewardship Council is --
a. To provide continuing local engagement on activities occurring at the
Rocky Flats site regarding long-term stewardship of residual
contamination and refuge management;
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b. To provide a forum to track issues related to former site employees,
including but not limited to long-term health benefits and pension
programs;
c. To provide an ongoing mechanism to help maintain public knowledge of
Rocky Flats and the ongoing needs and responsibilities regarding
contaminant management and refuge management; and
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d. To provide an ongoing forum to engage on all other issues pertinent to
Rocky Flats, as determined by the Stewardship Council Board of
Directors.
3. Purposes. Paragraph 3 of the IGA, regarding the Stewardship Council's Purposes,
is hereby amended in its entirety to read as follows:
Purposes. Specifically, the purposes of the Stewardship Council are:
a. To provide a forum for elected officials and community members to
discuss with federal, state, and local elected officials and agencies issues
related to the long-term stewardship and management of the Rocky Flats
site.
b. To provide a forum for elected officials and community members to be
briefed on the results of the operational and performance monitoring data
of site operations.
c. To provide a mechanism for keeping elected officials and community
members informed of the results of the monitoring data.
d. To provide a mechanism for educating elected officials and community
members about the residual hazards and the continued need for a
comprehensive site -wide stewardship program.
e. To provide a forum for USFWS staff to work with elected officials and
community members on issues related to the management of resources
under that agency's jurisdiction.
f. To serve as the designated LSO, pursuant to Section 3120 of the 2005
National Defense Authorization Act, Public Law 108-375.
g.
To serve as a participating agency under the National Environmental
Policy Act (NEPA) for preparation of environmental impact assessments,
to serve as a participating agency under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA)
Section 120(f), and to assist the Parties as provided in the Rocky Flats
Legacy Management Agreement.
h. To provide a forum for all other issues pertinent to Rocky Flats.
4. Prior Provisions Effective. Except as specifically amended hereby, all the terms
and provisions of the IGA shall remain in full force and effect.
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5. Counterpart Execution. This Second Amendment to IGA may be executed in
several counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to IGA
effective as of the date first written above.
{00310243}
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Date: 12' 15 • 17
ATTEST:
(00310243)
CITY OF BOULDER
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