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, February 24, 2004.

The meeting was called to order at approximately 9:06 a.m. by Chair Danish with the following present:

Paul Danish, Chair

Ronald K. Stewart, Vice Chair

Thomas A. Mayer, Commissioner (Excused from 11:30 Item)

Public Hearing: Docket #V-03-03 (Hygiene Heights / Asmuth Equestrian and Road Easement Vacation); Vacation of a platted 30-foot wide easement within Hygiene Heights Replat C, located at 7123 Rozena Drive, Lot 12C of Hygiene Heights Replat C, in Section 25, T3N, R70W. (9:06 – 9:12) (2335, Tape No. 9/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: Todd Tucker, Land Use Department

Speakers: None

Commissioner Stewart moved to approve Docket #V-03-03, 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. (2496)

Commissioner Stewart moved to table Docket #HP-04-01 until 9:00 a.m. on March 11, 2004. Commissioner Danish seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (2513)

Public Hearing: Docket #LU-04-01(Hall Ranch LU); Limited Impact Special Use Review to expand the existing 60-space parking lot to no more than70 spaces, involving 270 cubic yards of earthwork, on property located at 31271 South St. Vrain Drive, Hall Ranch Trailhead, in Section 24, T3N, R71W. (1:38 – 1:42) (0893, Tape No. 10/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: Todd Tucker, Land Use Department

Present: Barbara Andrews, Assistant County Attorney

Speakers: None

Commissioner Stewart moved to approve Docket #LU-04-01, 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. (0990)

Public Hearing: Work Plan for 2004 – 2005.(12:09 – 12:09) (0868, Tape No. 10/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: Janet Heimer, Community Action Program

Commissioner Stewart moved to approve the 2004-2005 Work Plan as proposed. Commissioner Danish seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, excused. Motion carried 2-0. (0868)

[Note: The Commissioners held a lunch meeting with the Historic Preservation Advisory Board at approximately 12:00 p.m. in the Conference Room.]

1. Docket #SPR-03-070 (Bradbury Residence); Site Plan Review for the construction of a 12,212 sq.ft. residence. (Above Grade = 12,212 sq.ft. / Below Grade = 0 sq.ft. / Finished Floor Area = 10,280 sq.ft. / Unfinished Floor Area = 3,327 sq.ft.) Located at 8075 North 41^st Street, in Section 20, T2N, R70W (Tabled from 11/04/03 & 1/27/04). (10:05 – 11:31) (2539, Tape No. 9/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: Doug Wetmore, Land Use Department

Present: Larry Hoyt, County Attorney

Speakers: Rick Oswalt, Architect

Stan Nicholas, 8125 N. 41st St.

Kenneth Dalt, 8027 N. 41^st St.

Gretchen Biggs, 7979 N. 41^st St.

Commissioner Stewart moved to table Docket #LU-04-01 to 1:30 p.m. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (4082)

Commissioner Mayer moved to deny Docket #SPR-03-070. Commissioner Danish seconded the motion.

VOTE: DANISH, aye; STEWART, no; MAYER, aye. Motion carried 2-1. (0155)

CONSENT ITEMS:

2. Budget Office contracts with non-profit agencies:

a. Outreach United Resource Center ($95,319);

b. Colorado Legal Services ($37,000);

c. People’s Clinic ($255,089);

d. El Comité de Longmont ($41,200);

e. Alternatives For Youth ($53,000).

3. Open Space documents:

a. Lease agreement with Diane Kyle for the house on the Gage property ($9,600);

b. Agricultural lease on the Shubert property (John Hall);

c. Agricultural lease on the Lutz property (John & Jeff Wagner);

d. IRS Form 8283 for the Squires Conservation Easement donation;

e. Agricultural lease from the Ending War Foundation to Boulder County for an 11.92-acre parcel adjacent to the Mayhoffer / Singletree property.

4. Commissioners’ Office economic development contracts:

a. Boulder Chamber of Commerce ($65,960);

b. Town of Lyons ($11,400).

5. Integrated Managed Partnership for Adolescent and Child Community Treatment (IMPACT) contract renewals:

a. Mental Health Center of Boulder County, for oversight and support of the

b. Boulder County Public Health and Community Justice Services, for substance abuse services provided to Senate Bill 94 youth ($63,576);

c. Cal-Wood Education Resource Center, for the wilderness work camp program (not to exceed $62,381).

6. Resource Conservation Division: Contract with Eco-Cycle for environmental education, drop-off center and County building recycling services (estimated $91,520).

7. Community Justice Services: Change Order Letter #1 from the Colorado Department of Public Safety regarding reductions in Senate Bill IV funding for residential diversion placements ($70,000 decrease) and residential transition placements ($23,500 decrease).

8. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, February 25^th, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Stewart moved approval of Items No. 1 through 8. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0174)

Commissioners Matters:

9. Personnel Actions.

None.

10. Petitions for Abatement or Refund of Taxes recommended for approval by the Assessor:

a. Dominos Pizza, ID #R0122994 ($3,094.20);

b. Mail Boxes, Etc., ID #P0251839 ($1,338.42);

c. Lynn & Kurt Smith, ID #R0505393 ($5,416.77);

d. Gisle Living Trust, ID #R0090410, Tax Year 2002 ($11,776.20).

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

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0183)

11. Petition for Abatement or Refund of Taxes recommended for approval by the Assessor: Gisle Living Trust, ID #R0090410, Tax Year 2003 ($13,289).

Commissioner Stewart moved to table Item No. 11 until 10:30 a.m. on March 4, 2004. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0196)

12. Budget Office:

a. 2003 Budget Supplemental (Building Utilities $14,351);

b. 2004 Budget Supplemental (Capital Expenditure Fund $3,050,000).

Presenter: Margaret Parish, Budget Officer

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

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0218)

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

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0241)

13. Recommendation for the appointment of Tony Montour to the Aging Advisory Council.

Commissioner Stewart moved approval of Item No. 13. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0246)

Boulder County Housing Authority Board Matters:

The Board of Commissioners convened as the Housing Authority Board for the purpose of considering the following Item No. 14, after which the Board reconvened as the Board of County Commissioners:

14. Housing Authority Resolution 2004-03, Section 8 Management Assessment Program (SEMAP) Certification.

Speakers: Kevin Marchman, Housing Authority

Pat Mayne, Assistant County Attorney

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

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0265)

Elected Officials and Department Heads Matters:

15. County Attorney’s Office:

a. Deed with Reservation of Multi-Use Easement and Covenant Restricting Access between the County and the Northwest Parkway Public Highway Authority;

b. Authorization for Conrad Lattes to sign Stipulation in Water Court Case No. 2001 CW 282 (West Wind Ranch LLC application for water rights).

Presenter: Conrad Lattes, Assistant County Attorney

In separate motions, Commissioner Stewart moved approval of Items No. 15a and 15b. Commissioner Mayer seconded the motions.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0289)(0307)

16. County Attorney’s Office: Amendment to the contract with the Boulder County Public Trustee’s Office (Tabled from 2/17/04).

Presenter: Larry Hoyt, County Attorney

Commissioner Mayer moved to table Item No. 16 until 10:30 a.m. on February 26, 2004. Commissioner Stewart seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0320)

17. Sheriff’s Office: Request for a sole-source bid waiver to purchase a fingerprinting system from Identix Incorporated ($28,590).

Commissioner Stewart moved approval of Item No. 17. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0326)

18. Boulder County Head Start: Certification of Administrative and Programmatic Compliance.

Commissioner Stewart moved approval of Item No. 18. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0332)

19. Assessor’s Office: Recommendation to reject RFP #4457-03, GIS Address Consulting.

Commissioner Stewart moved approval of Item No. 19. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0338)

20. Risk Management Division: Award of RFP #4501-04, Indoor Air Quality Investigation, to Pinyon Environmental and IHI Environmental.

Commissioner Stewart moved approval of Item No. 20. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0345)

Administrative Matters:

21. Bill Harper: Concerns about a zoning issue regarding Anderson Storage on Nelson Road.

Speakers: Bill Harper, 12621 Ute Highway, Longmont

Adrian Lorantos, Land Use Department

Graham Billingsley, Land Use Director

Larry Hoyt, County Attorney

Pat Mayne, Assistant County Attorney

Commissioner Stewart moved to have Land Use and County Attorney staff gather requested information by the March 4, 2004 Business Meeting. Commissioner Mayer seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0820)

22. Scheduling and Communications.

[Note: Scheduling and Communications took place out of order following the 1:30 p.m. meeting at approximately 1001, Tape No. 10]

Clerk to the Board, Susan Ashcraft, spoke with the Board to reschedule the Drug Task Force public meeting to April 13, 2004. She was also directed to seek alternative dates than that proposed by the Boulder County Conservation District and Longmont Conservation Districts for their annual breakfast with the Board.

23. Request from the County Attorney’s office to enter into Executive Session immediately following the 1:30 p.m. meeting in order to receive legal advice pursuant to CRS 24-6-402(4)(b) Legal Advice.

Speakers: Susan Ashcraft, Clerk to the Board

Pat Mayne, Assistant County Attorney

Commissioner Stewart moved approval of Item No. 23. Commissioner Danish seconded the motion.

VOTE: DANISH, aye; STEWART, aye; MAYER, aye. Motion carried 3-0. (0855)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 1:44 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.]