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, April 15, 2003, 2003.

The meeting was called to order at approximately 9:11 a.m. by Chair Danish with the following present:

Paul Danish, Chair

Ronald K. Stewart, Vice Chair

Thomas A. Mayer, Commissioner

Land Use Department: (9:11 – 9:40) (1875, Tape No. 20/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.

1. Public Hearing: Docket #SE-03-06 (Barela/Gutierrez BLA); Subdivision Exemption for a Boundary Line Adjustment between two parcels (located at 11553 & 11571 Quail Road, Longmont, in Section 11, T1N, R69W); (1875)

Presenters: Greg Oxenfeld, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Mayer moved to approve Docket #SE-03-06, in accordance with staff recommendations, commitments of record by applicant and with additional conditions as contained within the official record. Commissioner Stewart seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (2060)

2. Public Hearing: Docket #HP-03-01 (Allen Farm aka Autumn Hill Farm); Boulder County Historic Landmark Designation of site with 3 contributing structures (located at 9417 North Foothills Highway, Section 12, T2N, R71W) (Rescheduled from 03/20/03). (2068)

Presenters: Denise Grimm, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Gladys Forshee, Historic Preservation Advisory Board Member

Commissioner Stewart moved to approve Docket #HP-03-01, in accordance with staff recommendations, commitments of record by applicant and with additional conditions as contained within the official record. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (2409)

(11:02 – 11:55) (2710, Tape No. 20/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.

Presenter: Scott Robson, Transportation Department

Speakers: Joseph Conway, Erie Open Space and Trail Advisory Board

Bill Terrell, Gunbarrel resident

Paul Kleimer, Gunbarrel resident

Mike Walsh, Gunbarrel Resident

Barry Lefford, 6394 Twin Lakes Road

Deb Blankenship, 5668 S. Orchard

Commissioner Danish moved to approve Priority Lists No. 1 and 2 of the Regional Trails Priority List Recommendation, in accordance with staff recommendations, with additional conditions as contained within the official record. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (4206)

Public Hearing: Docket #SE-03-05 (Powell Amendment to Resolution 96-132); Subdivision Exemption to amend Resolution 96-132 to delete Condition #1 requiring that the remaining Powell property (29.5 +\- acres) shall be subject to the conditions of Docket SPR-96-133 (Powell Building Envelope), including a Site Plan Review for a 3,840 square-foot residence in a new location (located at 301 Gross Dam Road, near the intersection of Gross Dam Road and Tunnel 19 Road, in Section 32, T1S, R71W.)(2:33 – 2:33)(0007, Tape No. 21/DAT recorder, "counter" mode)

Commissioner Mayer moved to table Docket #SE-03-05 to 2:00 p.m. on May 6, 2003. Commissioner Stewart seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0019)

(2:34 – 3:15) (0023, Tape No. 21/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: Mark Loewenstein, 365 Oneida Street, Boulder

Commissioner Stewart moved that an increase in the number of preschool children to 75 students is a substantial modification to the Special Use. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0863)

(3:24 – 5:40) (0897, Tape No. 21/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: Mike Thomas, Transportation Department

Present: Leslie Lacy, Assistant County Attorney

Speakers: Raymond P. Babcock, Box 413-437 Evans, Lyons

Alice Starek, 3371 Gold Lake Road, Ward

Dirk Arnold, 13609 Gold Hill Road, Boulder

Eddie Ermoian, 40 Main Street, Jamestown

Bud Kihm, 14 Mill Street, Jamestown

Cleg Holiman, 1 Main Street, Jamestown

Marc Alston, U.S. Environmental Protection Agency, Region 8

Colleen Williams, P.O. Box 110, Jamestown

Barton Smith, 345 Mountain View, Longmont

Jack Murch, P.O. Box 42 Jamestown

Allan Mueller, P.O. Box 310, Jamestown

Bela Amade, 126 Main Street, Jamestown

Richard Jenkins, 3379 Overland, Jamestown

Rick Maddux, 10332 Lefthand Canyon Road, Jamestown

Joe Ryan, 1209 Rock Lake Road, Ward

Kate Rogerson, 2110 Jackson Street, Golden

Kenneth Lenarcic, 208 Gillespie, Jamestown

Rainbow Shultz, 65 Ward Street, Jamestown

Patricia Olson, P.O. Box 62, Jamestown

Jyoti Sharp, P.O. Box 37, Jamestown

Alex Drummond, 1329 Gold Lake Road, Ward

Shawn R. Mills, 9 Ward Street, Jamestown

JaVayne Metzger, 3250 O’Neal Circle, Boulder

Jonathon Hart, 4500 19^th Street, Boulder

Sterling Bennink, 89 Mesa Street, Jamestown

Juliette León Bartsch, 142 Main Street, Jamestown

Jan Reed, 69 Mesa Street, Jamestown

Dedra Buckley, 5974 Left Hand Canyon Road, Jamestown

Nancy Edelstein, 101 Spruce, Jamestown

Robert Schaller, 1124 Ridge Road, Ward

Joe Reichert, 27 15^th Street, Jamestown

Ron Cook, Ridge Road, Ward

Steve Edelstein, P.O. Box 244 Jamestown

Sandra Kirshner, 170 Mesa, Jamestown

Adam Burrell, 65 Ward Street, Jamestown

Mark Williams, P.O. Box 110, Jamestown

Glenn Short, P.O. Box 346, Jamestown

Roz McClellan, 1567 Twin Sisters Road, Nederland

Ray Balzer, 1732 Fleming Drive, Longmont

David Mason, Lyons

Sandra Levitt

Amalia Hicks, Jamestown

Commissioner Stewart moved maintain the closure of County Road 102J in deference to public water quality issues and additional environmental concerns. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (4551)

Present: Larry Hoyt, County Attorney

1. Application for use of the Iris Ballfields from Sacred Heart of Jesus Church for baseball practice and games.

This item was noted for the record.

CONSENT ITEMS:

2. Facilities Management Division: Award of RFP #4424-03, Replacement of Jail Kitchen Make-Up Air Units, to the lowest, most responsible bidder – Frontier Mechanical ($28,303).

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

a. 2003-24, conditionally approving Docket # SU-02-06 (Cal-Wood Education Center Special Use/Site Specific Development Plan);

b. 2003-39, conditionally approving Docket # SE-03-04 (Snell Boundary Line Adjustment).

4. Contracts:

a. Aging Services – contract with the City of Louisville to provide nutrition services ($20,000);

b. Transportation – contract with Boulder and Left Hand Irrigation Company for improvements to Tracey Lateral (no expenditure);

c. Transportation – contract with Boulder and Left Hand Irrigation Company for improvements to Boulder and Left Hand Irrigation Ditch (no expenditure);

d. Transportation – contract with Boulder and White Rock Ditch and Reservoir Company for improvements to Boulder and White Rock Ditch (no expenditure).

5. Open Space acquisition documents:

a. Notice of Property Restrictions (Keith/North St. Vrain property);

b. Notice of Property Restrictions (Arapahoe Lodes property);

c. Meglemre property Deed of Conservation Easement/Parcel 1, Deed of Conservation Easement/Lot A, Deed of Conservation Easement/Lot B, Restrictive Covenant Running with Water Rights & Land/Parcel 1, Letter of Appreciation, Mechanics Lien Letter.

6. Authorization for the Board to go into Executive Session on Wednesday, April 16th, as follows:

a. 1:30 p.m. evaluation for Dickey Lee Hullinghorst, Intergovernmental Relations Director, pursuant to CRS 24-6-402(4)(f) Personnel Matters;

b. 2:30 p.m. pre-evaluation for Graham Billingsley, Land Use Director, pursuant to CRS 24-6-402(4)(f) Personnel Matters;

c. 3:00 p.m. with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice

d. 3:30 p.m. with Ron Stewart, Parks and Open Space Director, pursuant to CRS 24-6-402(4)(e) Negotiation Strategies

Commissioner Stewart moved approval of Items No. 2 through 6c with Item No. 6d withdrawn. Commissioner Danish seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (2445)

Commissioners Matters:

7. Personnel Actions.

None.

8. Resolution 2003-45, proclaiming May, 2003, as Foster Care Month in Boulder County.

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

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (2470)

9. Resolution 2003-46, proclaiming April 15^th as Equal Pay Day in Boulder County.

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

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (2475)

10. Budget Office: 2003 Budget Supplemental Request for General Administration ($98,000).

Presenter: Margaret Parish, Budget Office

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

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (2497)

11. Boards and Commissions:

a. Recommendation for the appointment of Marie Valenzuela to the Workforce Development Board (Tabled from 4/10/03);

b. Recommendation for the appointment of Kathryn A. Ramirez-Aguilar to a two-year term on the Gunbarrel Public Improvement District Advisory Committee, and for the re-appointment of Dr. Richard Cross as a non-voting, ex-officio member.

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

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (2520)

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

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (2531)

Elected Officials and Department Heads Matters:

12. Sheriff’s Office: Security screening system at the Justice Center (Tabled from 4/8/03).

Speaker: Les Trever, Sheriff’s Office

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

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (2547)

[Note: Commissioner Mayer joined the Business Meeting at 10:40 a.m.]

13. Land Use Department: Determination whether to call up Docket #SPR-03-020 (Gerard Pole Barn) for public hearing.

Presenter: Heather Stroud, Land Use Department

Commissioner Stewart moved to enter into Executive Session regarding this item in order to receive legal advice pursuant to CRS 24-6-402(4)(b) Legal Advice. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (2601)

14. Workforce Boulder County: Award of RFP #4422-03, Consumer Navigator, to the Center for People With Disabilities.

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

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (2611)

Administrative Matters:

15. Scheduling and Communications.

Speaker: Susan Ashcraft, Clerk to the Board

After discussion, it was decided that the Commissioners will meet on Tuesdays during the month of August, 2003.

[Note: The Commissioners recessed the Business Meeting at 10:41 a.m. and reconvened at 2:10 p.m. to consider the following Item No. 16.]

16. Authorization to enter into Executive Session for the purpose of receiving legal advice on matters before the Board pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Mayer moved approval of Item No. 16. Commissioner Stewart seconded the motion.

VOTE: DANISH, excused; STEWART, aye; MAYER, aye. Motion carried 2-0. (4391)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 5:40 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.]