MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, APRIL 4, 2006

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 4, 2006.

The meeting was called to order at approximately 9:00 a.m. by Chair Pearlman with the following present:

Ben Pearlman, Chair

Thomas A. Mayer, Vice Chair

Will Toor, Commissioner

9:00 A.M.

Public Hearing: Docket LU-05-010 (Koster / Maseberg / Boulder County); Limited Impact Special Review for an existing 2,030 sq.ft. agricultural accessory dwelling unit (modular home). This property is at 11021 Yellowstone Road, in Section 3, T3N, R69W. (9:00 – 9:23) (22:34, Tape No. 18/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: Kim Sanchez, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: Phil Maseberg, applicant

Commissioner Toor moved to approve Docket #LU-05-010, 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. (31:52)

(11:01 – 11:56) (50:52, Tape No. 18/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.

Speakers: Doreen Miller, Social Services Department

Betty Ball, 5102 Williams Fork Trail

Jeff Calhoun, 1420 Elder Ave.

Robert Zimmer, 1615 Bowing

Carolyn Bninski, Rocky Mountain Peace and Justice Center

Roger Warlock, 6341 Baseline Rd.

Julia, 1052 Rosehill Dr.

Gary Pettit, Student Worker Organization

Tim Hillman, 2505 Yarrow Ct.

Virginia Ketchel, 974 Grandview

Scott Silver, Converge Colorado

Blanca Muñoz, S.E.I.U. 105

Speakers addressed their concerns regarding a recent survey of County Employees regarding the possibility of joining the Service Employees International Union.

PRESENTER: Parks & Open Space Department (2:02—2:26) (1:18:23, Tape No. 18/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: Westphal, Stone and Buffalo Park Acquisitions; County proposes to purchase 3 parcels of land totaling approximately 128 acres, located on Chute Road, adjacent to Walker Ranch and Eldorado Canyon State Park.

Presenters: Jim Daus, Parks and Open Space Department

Speakers: Michael Misky & Sue Misky, 214 Chute Rd.

Conrad Lattes, Assistant County Attorney

Commissioner Toor moved to approve the Westphal, Stone and Buffalo Park Acquisitions as proposed and in accordance with staff recommendations. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (1:25:53)

2. Public Hearing: Amendment to the Warembourg Conservation Easement for Coal Creek Trail; County proposes to amend the Conservation Easement on the Warembourg Open Space to allow the City of Louisville to purchase a 3,776 sq.ft. parcel of the property for the purpose of building the Coal Creek Trail.

Presenters: Ellen Flannelly, Parks and Open Space Department

Speakers: None.

Commissioner Toor moved to approve the Amendment to the Warembourg Conservation Easement as proposed and 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. (1:30:15)

2:30 P.M.

PRESENTER: Land Use Department

Public Hearing: Docket SE-05-033 (Eldorado Springs / Bartlett) BLA);Subdivision Exemption for a Boundary Line Adjustment to remove an encroachment onto adjacent property. This property is at 11 Chesebro Way, Lots 7 & 8 of Moffat Lakes, in Eldorado Springs, in Section 25, T1S, R71W. (10:09 – 10:10) (49:42, Tape No. 18/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.

Speakers: Mike Ryder, Commissioners’ Staff

Commissioner Pearlman moved to table Docket #SE-05-033 to 3:00 p.m. on April 27, 2006. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (50:17)

[Note: At approximately 2:30 p.m., the Board held Administrative Meetings in their Conference Room.]

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

Presenters: Tina Nielson, Parks and Open Space Department

This item was for information only.

[Note: At approximately 4:00 p.m., the Board held Administrative Meetings in their Conference Room.]

1. Docket LU-06-003 (Double Dove Ranches Indoor Arena); Limited Impact Special Review for an amendment to Docket LU-01-12, to allow the roof ridge of a proposed 38,500 sq.ft. barn to be increased from 29 feet 4 inches to 36 feet 6¼ inches. This property is at 7171 Pike Road, west of Longmont, north of Lagerman Reservoir, west of 75^th Street, in Section 14, T2N, R70W. (10:02 – 10:27) (33:44, Tape No. 18/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: Rosi Koopmann, Applicant’s Consultant

Gail Holmes, applicant

Commissioner Toor moved to approve Docket #LU-06-003, 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. (45:51)

2. Application to Request Access to County Property from Boulder Creek Events, for Boulder Creek Festival vendor parking at the Justice Center (May 26 – 29).

Item No. 2 was noted for the record.

3. Human Resources Division: Renewal of the health management and pre-certification services contract with HMS Healthcare ($119,000).

4. Parks and Open Space Department agricultural lease renewals:

a. With Dwayne Cushman, for the Imel property ($16,000 revenue);

b. With Dwayne Cushman, for the Brewbaker / Sorensson property ($5,000 revenue);

c. With Broomfield North LLC, for the Broomfield North property ($480 revenue grazing lease).

Commissioner Toor moved approval of Items No. 3 & 4. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (46:53)

Elected Officials and Department Heads Matters:

5. Architects Division: Request to reject Bid #4722-06, Skid Steer Loader, due to budgetary constraints.

Commissioner Mayer moved approval of Item No. 5. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (50:04)

6. Parks and Open Space Department: Conveyance of land from the Warembourg and Admor properties to the City of Louisville for Dillon Road right-of-way (sale approved at a public hearing 12/1/05).

Presenter: Ellen Flannelly, Parks and Open Space Department

Commissioner Toor moved approval of Item No. 6. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (47:48)

Commissioners Matters:

7. Resolution 2006-46, proclaiming May as Older Americans Month in Boulder County.

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (48:08)

8. Diversity Coordinator: Recommendation to help fund a multicultural Mothers Day Celebration ($800).

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (48:15)

9. Invoice for 2006 dues for the Rocky Flats Stewardship Council ($1,000).

Presenter: Jane Uitti, Commissioners’ Staff

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (48:32)

10. Authorization for the Board to go into Executive Session on Wednesday, April 5, as follows:

a. 10:00 a.m. with Larry Hoyt, County Attorney, pursuant to CRS 24-6- 402(4)(b) Legal Advice;

b. 2:30 p.m. with Ron Stewart, Parks and Open Space Director, pursuant to CRS 24-6-402(4)(a) Real or Personal Property Acquisitions / Sales.

Presenters: Pat Mayne, Deputy County Attorney(10a)

Commissioner Pearlman moved approval of Item No. 10a 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. (49:33)

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (49:43)

11. Personnel Actions.

Joe Heard of the Human Resources Division presented the Commissioners with the March 2006 terminations, new hires, merit, and hiring above entry reports.

Administrative Matters:

12. Scheduling and Communications.

None.

13. County Attorney’s Office: Request to authorize an Executive Session for the purpose of receiving legal advice for the purposes stated by staff pursuant to CRS 24-6-402(4)(b) Legal Advice.

Speaker: Mike Ryder, Commissioners’ Staff

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 4:07 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.]