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 1, 2005.

The meeting was called to order at approximately 10:04 a.m. by Chair Pearlman with the following present:

Ben Pearlman, Chair

Thomas A. Mayer, Vice Chair

Will Toor, Commissioner

PRESENTER: Land Use Department (10:04 – 10:05) (22:41, Tape No. 7/DAT recorder, "counter" mode)

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (22:56)

[Note: Item No. 3 was held as scheduled.]

Public Hearing: Eldorado Springs Local Improvement District Consultant Procurement (Tabled from 1/25/05). (10:36 – 11:22) (31:50, Tape No. 7/DAT recorder, "counter" mode)

Presenters: Jeff Callahan, Land Use Department

Present: Leslie Lacy, Assistant County Attorney

Speakers: Ken Sheldon, Advisory Board Chair

Allen Brown, 148 Eldorado Dr.

Jim Sterns, 3450 Eldorado Springs Dr.

Tony Delaney, Eldorado Springs

Joe Janecki, 176 Eldorado Drive

David Leavin, Committee Member

Kim Regan, 27 Barber Lane

Eric Johnson, 32 Artesain Dr.

Commissioner Toor moved authorization to proceed with the Design/Build procurement process as described and contained within the official record. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (59:54)

CONSENT ITEMS:

1. On-Call Employee Vehicle Information Forms for Land Use Department staff (Jon Harman, William Kocher, Patrick Delumpa, Eric Philips.)

2. County Attorney’s Office:

a. Resolution 2005-15, conditionally approving Docket #EP-04-012 (Boulder Heights 2^nd Addition / Sissom / Fries Exemption Plat);

b. Resolution 2005-16, conditionally approving Docket #EP-04-011 (Kuhlmann Heights / Walker Exemption Plat);

c. Resolution 2005-18, conditionally approving Docket #LU-04-016 (Thompson Residence and Earthwork);

d. Resolution 2005-19, conditionally approving Docket #SI-04-005 (City of Louisville Raw Water Line Activities of State Interest Review).

3. 2005 contracts with non-profit organizations:

a. Community Food Share ($62,400);

b. Parenting Place ($46,000);

c. Boulder Day Nursery ($28,500).

4. Other contracts:

a. Transportation Department – on-call consulting services contract with Badger Daylighting Corporation (not to exceed $100,000);

b. Sheriff’s Office – security services contract with Boulder County Public Health ($36,946 revenue).

5. Authorization for the Board to go into Executive Session at 10:30 a.m. on Wednesday, February 2, with Larry Hoyt, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Commissioner Toor moved approval of Items No. 1 through 5. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (23:16)

Commissioners Matters:

6. Personnel Actions.

None.

7. Letter to Senator Allard regarding County support for the Eldorado Springs Local Improvement District.

Presenter: Leslie Lacy, Assistant County Attorney

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (23:53)

8. Innovation / Achievement Committee recommendations for 2004 awards (total $2,000).

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (24:25)

9. Suggestion Committee recommendation for four awards (total $400).

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (24:30)

10. Request from the City of Longmont Senior Services Manager for a term-limit waiver for the Adult Protection Review Team.

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (24:37)

11. Notification of Joe Gury’s resignation from the Board of Health, with a request from Christina Suarez, President of the Board of Health, for a meeting with the Commissioners to determine the qualifications for Mr. Gury’s replacement.

Commissioner Mayer moved to note receipt of Item No. 11 and indicate the Board’s willingness to meet with the Board of Health. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (25:34)

12. Application from Silvia Pettem to serve as the mining representative to the Historic Preservation Advisory Board.

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (25:42)

Elected Officials and Department Heads Matters:

13. County Attorney’s Office: Request for direction on how to proceed in the appeal for County of Boulder v. The Regents of the University of Colorado, Colorado Supreme Court Case No. 04SA377.

Presenters: David Hughes, Deputy County Attorney

Larry Hoyt, County Attorney

Commissioner Mayer moved to enter into Executive Session at the end of the Business Meeting in order to receive legal advice on this matter 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. (26:17)

Commissioner Toor moved not to proceed with the appeal of the Colorado Supreme Court Case. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (30:50)

14. Transportation Department:

a. Resolution 2005-20, temporary closure of North 73^rd Street, from Pike Road to Nimbus Road, for a culvert replacement;

b. Annual Mileage Report to the Colorado Department of Transportation.

Presenter: Mike Thomas, Transportation Department

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (27:17)

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (27:35)

15. Aging Services Division: Notification of Grant Award for Title III & VII annual funding ($562,459), with request for County contribution toward the cost of administering the grant (estimated $7,213).

Presenter: Rosemary Williams, Aging Services Division Manager

Commissioner Mayer moved approval of Item No. 15. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (28:16)

16. Information Technology Division: Request for a sole-source bid waiver to purchase software maintenance and support from TriggTech ($15,600).

Presenter: Larry Hoyt, County Attorney

Commissioner Pearlman moved approval of Item No. 16. Commissioner Toor seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (28:40)

17. Human Resources Division – Employee Benefit Plan Amendments:

a. Medical PPO Plan Amendment #1;

b. Medical EPO Plan Amendment #2;

c. Dental Plan Amendment #1;

d. Cafeteria Plan Amendment #1 (125 Pretax Plan).

Presenter: Anne Berg, Human Resources Division

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, aye. Motion carried 3-0. (29:20)

Administrative Matters:

18. Scheduling and Communications.

None.

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 11:22 a.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.]