MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, THURSDAY, AUGUST 3, 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 Thursday, August 3, 2006.

The meeting was called to order at approximately 9:03 a.m. by Chair Pearlman with the following present:

Ben Pearlman, Chair

Thomas A. Mayer, Vice Chair

Will Toor, Commissioner (excused)

Presentation of final recommendations for Tier III Scientific and Cultural Facilities District (SCFD) funding. (9:32 – 9:45) (12:46, Tape No. 40/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: Marianne Reichert, Commissioners’ Staff

Darcie Sanders, Chair of Advisory Committee

Karen Gerrity, Deputy District Administrator, SCFD

Commissioner Pearlman moved to approve funding as presented. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (19:41)

1. Application to use the Courthouse Lawn from the Rocky Mountain Peace and Justice Center, for a July 29 event to protest Middle East Violence.

2. Application to use the Courthouse Lawn from Rhythm Vision, for an educational drumming event the weekend of August 12 & 13.

Items No. 1 & 2 were noted for the record.

3. County Attorney’s Office: Resolution 2006-102, conditionally approving Docket SD-03-02 (Isabelle Ranch TDR/PUD Sketch Plan Review).

4. Transportation Department: Award of contract for 2006 epoxy striping to the lowest, most responsible bidder Kolbe Striping ($100,000).

5. Social Services Department: Renewal of the substance abuse monitoring services agreement with Boulder County Public Health ($74,109).

6. Parks and Open Space Department:

a. Renewal of the Western Mobile property agricultural lease with Charles Atkins ($500 revenue);

b. Notice of Property Restrictions (Merlin Williams property);

c. Purchase and Sale Agreement, Special Warranty Deed, Bargain and Sale Deed, Deed of Conservation Easement in Gross, Access Easement, Bill of Sale, Lease Agreement, Water Stock Transfer Request, Letter to Left Hand Ditch Company, Mechanics Lien Letter (Hygiene Dairy property).

7. Workforce Boulder County:

a. Extension of the grant-funded health care training agreement with Front Range Community College;

b. Annual Plan for the expenditure of 2006 Workforce Investment Act and Wagner-Peyser funds.

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (00:26)

Elected Officials and Department Heads Matters:

8. Sheriff’s Office: Recommendation to lift the current fire ban / restrictions.

Presenter: Tom Shomaker, Sheriff’s Office

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (00:59)

9. Petition for Abatement or Refund of Taxes recommended for approval by the Assessor pursuant to a stipulation agreement: Alpine Research Optics Corp., ID #P0259230 (2004 refund $2,954.72).

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (01:14)

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

a. Jerry R. Brekke ID #R0040991 (2005 refund $1,777.96);

ID #R0068133 (2005 refund $1,608.80);

ID #R0068134 (2005 refund $3,443.42);

ID #R0068140 (2005 refund $1,578.46);

ID #R0108627 (2005 refund $3,349.24);

b. Skycastle Homes LLC, ID #R0050686 (2004 refund $1,276.71);

(2005 refund $1,284.21);

c. Blackjack Pizza, ID #P0306263 (2004 refund $2,954.72).

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (01:22)

11. Administrative Services Department: Resolution 2006-93, appointing referees for the 2006 Board of Equalization (Larry W. Heckley, Scott A. Jameson, Linda A. Pissare, Michael Pissare and John M. Thornbury.)

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (01:31)

12. Transportation Department:

a. Request to retain vehicles scheduled for auction to use as pool vehicles;

b. Special Event Application for County Roads from the Colorado Cancer Foundation, for the Eldorado Springs Cure running race Thursday, August 10 (6:00 – 8:30 p.m.)

Presenter: Mike Thomas, Transportation (12b)

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (01:39)

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (02:06)

13. Land Use Department: Determination whether to call up Docket SPR-06-071 (LeBlanc Indoor Arena) for public hearing. This property is at 15345 North 95^th Street.

Presenter: Eric Tkachenko, Land Use Department

Commissioner Pearlman moved to call Docket SPR-06-071 up for public hearing. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (05:22)

14. County Attorney’s Office:

a. Legal Representation Agreement with Julie Kintzing;

b. Legal Representation Agreements with Joseph Pelle, Thomas Shomaker and Dennis Hopper;

c. Responses to Legislative Council blue book draft analyses for statewide ballot issues

i. Initiative #125 - Damages for Mineral Extraction (first draft);

ii. Initiative #88 - Rebate of Money Above Referendum C Estimates (final draft);

iii. Amendment 38 - Petitions (Initiatives and Referenda)(final draft);

iv. Initiative #109 - Prohibition on Legal Status Similar to Marriage (second draft).

Presenter: Larry Hoyt, County Attorney

Commissioner Pearlman moved approval of Items No. 14a & 14b. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (05:40)

[Note: The Board took no action on Item 14c.]

Commissioners Matters:

15. Personnel Actions: Request from Robin Bohannan, Community Services Director, for a bonus for Tom Miller who served as Acting Community Justice Services Division Manager.

Presenter: Joe Heard, Human Resources Division

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (07:26)

16. Budget Office: 2006 Budget Supplemental Requests

a. Administrative Services Department ($7,000);

b. Parks and Open Space Department ($20,000);

c. Sheriff’s Office ($1,129).

Presenter: Margaret Parish, Budget Officer

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (08:17)

17. Budget Office: Recommendations for distribution of 2006 Drop In The Bucket funds ($235,950.21 available).

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (10:05)

18. Ratification of the 7/31/06 reconsideration and approval of the Special Event Application for County Roads from Bush Productions, Inc., to conduct an All Terrain Vehicle photo shoot on Monday, July 31 & Tuesday, August 1.

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (10:15)

19. Authorization for the Board to go into Executive Session on Wednesday, August 9, as follows:

a. 10:00 a.m. with Larry Hoyt, County Attorney, pursuant to CRS24-6- 402(4)(b) Legal Advice;

b. 3:15 p.m. with Ron Stewart, Parks and Open Space Director, pursuant to CRS 24-6-402(4)(a) Real or Personal Property Acquisitions / Sales.

Presenter: Larry Hoyt, County Attorney (19a)

Commissioner Pearlman moved approval of Item No. 19a for the purposes set forth by the County Attorney. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (10:31)

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

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (10:39)

Administrative Matters:

20. Scheduling and Communications.

None.

21. Transportation Department: Request for approval of a contract with Mechanical Technologies Group for hot water piping at the Transportation and Open Space building site ($53,551).

Presenter: Becky Beckham, Transportation Department

Commissioner Mayer moved approval of Item No. 21. Commissioner Pearlman seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (11:27)

22. Parks and Open Space Department: Water Stock transfer of Holland ditch shares from the Hygiene Dairy property.

Presenter: Conrad Lattes, Assistant County Attorney

Commissioner Pearlman moved approval of Item No. 21. Commissioner Mayer seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (12:27)

23. County Attorney’s Office: Signature of Joint Representation Agreement for Karl Kumli to represent both the County and Western Resource Advocates in a rights case.

Presenter: Conrad Lattes, Assistant County Attorney

Commissioner Mayer moved approval of Item No. 23. Commissioner Pearlman seconded the motion.

VOTE: PEARLMAN, aye; MAYER, aye; TOOR, excused. Motion carried 2-0. (12:33)

Upon motion duly made, seconded and passed unanimously, this meeting was adjourned by the Commissioners at approximately 9:45 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.]