MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, October 01, 2024 at 9:30 A.m. - 10:30 A.m.

Tuesday, October 01, 2024 at 1:00 P.m. - 2:00 P.m.

Third Floor Hearing Room

County Court House

1325 Pearl Street, Boulder

Members Present:

• Commissioner Ashley Stolzmann
• Commissioner Marta Loachamin

Members Excused:

• Commissioner Claire Levy

[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.]

 

 

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1.

Call to Order

Please note: There were discrepancies during the Tuesday, October 1, commissioners' public proceedings regarding the numbering of items on the agenda and in the video. Please refer to these minutes for the official item number. The actions for each item are listed in these minutes and also stated on the video recording.  

The Board of County Commissioners of Boulder County met in Regular Meeting in full conformity with the law and resolution of said Board at the regular place of hybrid meetings, 1325 Pearl Street, Boulder and on Zoom Webinar, on October 1, 2024. 

The meeting was called to order at approximately 9:31 a.m. by Chair Ashley Stolzmann.

Commissioner Claire Levy was excused from public meetings on Thursday, October 3, 2024.

2.

9:30 a.m. Business Meeting and Boulder County Housing Authority’s Annual Plan, 5-Year Plan, Moving to Work (MTW) Supplement, and MTW Safe Harbor Waiver

3.

Housing Authority Consent Items

The Board of County Commissioners sat as the Boulder County Housing Authority for Item No. 3.a and then reconvened as the Board of County Commissioners.

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann

  to approve the Housing Authority Consent Agenda as a whole.

  Carried

3.a

BCHA Resolution 2024-06 - Authorizing Executive Director to sign Disposition Documents for 821 East Cleveland St, Lafayette

BCHA Resolution 2024-06 - Authorizing and Delegating Executive Director to sign Disposition Documents for 821 East Cleveland St, Lafayette, CO 80026.

• Staff Contact(s): Geneva Bailey, Housing and Human Services

4.

Commissioners' Consent Items

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann

  to approve the Commissioners' Consent Agenda as a whole.

  Carried

4.a

Community Planning & Permitting - Support for the Community Accelerated Mobility Project (CAMP) Grant Application for the Northwest Metro Region E-Bikeshare Program

Boulder County expresses support for the City of Longmont’s Community Accelerated Mobility Project (CAMP) application to launch a regional e-bikeshare in the northwest metro region.

• Staff Contact(s): Kathleen Bracke Community Planning & Permitting; Kelly Leadbetter, Community Planning & Permitting
  

4.b

Community Services - Approval of Boulder County Head Start Policies and Procedures

Boulder County Head Start Policies and Procedures are required to be re-written per the direction of the Office of Head Start Regional Office and approved by the Boulder County Board of Commissioners. The following policies are presented for approval in the month of September. These policies align with and reference Head Start Program Performance Standards.

• Staff Contact(s): Akane Ogren, Community Services

4.c

Community Services – Grant Application for Boulder County Region Opioid Settlement Dollars ($150,000)

The Community Services Department is requesting approval to submit a grant proposal to Boulder County Region Opioid Settlement Dollars Funding to obtain funding to support the Healthy Youth Alliance in implementing and proliferating a culturally and locally tailored social marketing campaign intended to reduce or prevent substance and opioid misuse.

• Staff Contact(s): Krystal Ruvalcaba, Community Services

4.d

Community Services – Grant Application for Boulder County Region Opioid Settlement Dollars ($300,000)

The Community Services Department is requesting approval to submit a grant proposal to Boulder County Region Opioid Settlement Dollars Funding for Community Justice Services will utilize these funds to sustain the Comprehensive Opioid Assistance Program. Comprehensive Opioid Assistance Program will provide access to evidenced-based treatment in jails and support services upon reentry in collaboration with the Jail Medical Team and Jail Based Behavioral Services team.

• Staff Contact(s): Cinnamon Kitchen, Community Services

4.e

County Attorney's Office - Multicounty IGA Regarding Reciprocal Licensing Program and Standards for Inspection Program for Transportation Service Vehicles

Intergovernmental Agreement among Adams, Arapahoe, Boulder, Douglas, Elbert, Jefferson and the City and County of Broomfield regarding reciprocal licensing program and standards for inspection program for secure transportation service vehicles.

• Staff Contacts: Mike Koertje, County Attorney's Office

4.f

County Attorney's Office - Resolution 2024-067 (LU-24-0010/SPR-24-0021: Harnetiaux Residence and Earthwork)

Resolution 2024-067, conditionally approving Boulder County Community Planning & Permitting Docket LU-24-0010/SPR-24-0021: Harnetiaux Residence and Earthwork.

4.g

Housing & Human Services - Contract with Aidkit for ARPA Funds to Community ($7,476,500)

Contract with Aidkit to disperse ARPA funds to community non-profit agencies and childcare providers for Survive and Thrive Program.

4.h

Housing & Human Services - Seven County Intergovernmental Agreement: Guaranteed Beds for Out of Home Youth Placements

This contract is between seven Metro Counties to have guaranteed beds available for youth needing out of home placements.

4.i

Human Resources - Cigna Health and Life Insurance Company Amendment ($990,000)

Human Resources department is requesting approval of contract amendment with Cigna Health and Life Insurance Company for Boulder County employee benefits. This is a $990,000 amendment for a new total cumulative not-to-exceed amount of $3,677,367. RFP#7139-20. OFS# 301140.

• Staff Contact(s): Emily Cooper, Human Resources

4.j

Parks & Open Space - DoweFlats-CEMEX Development Parcels Acquisition ($5,100,403)

Staff recommends that Boulder County exercise its option to acquire 11 development rights and their associated 153 acres from CEMEX, Inc. The property is located approximately three-tenths of a mile north of Highway 66 on North 53^rd Street east of Lyons. If the county exercises its option and pays the required $5,100,403 for the development rights, CEMEX is required to convey the 153-acre property to the county.

• Staff Contact(s): Janis Whisman, Parks & Open Space

4.k

Parks & Open Space - Spruce Gulch Conservation Easement Acquisition ($7,300,000)

On May 14, 2024, the Board of County Commissioners approved the Spruce Gulch Conservation Easement Acquisition over 1540 Lefthand Canyon Drive, which is located approximately 1.3 miles west of the intersection of Lefthand Canyon Drive and State Highway 36 and is adjacent to Heil Valley Ranch open space. This document is needed to complete the transaction.

• Staff Contact(s): Melissa Arnold, Parks & Open Space

4.l

Public Works - East County Line Road Widening ($913,937.08)

Public Works Engineering would like to contract with Mountain Constructors Inc for the East County Line Road Widening Project for an amount of $913,937.08. This construction project is in northeast Boulder County, along East County Line Road, from Zlaten Drive to just north of Saint Vrain Creek and it includes reconstruction and widening of 0.24 miles of roadway which includes unclassified excavation, dewatering, full depth reclamation of hot mix asphalt, improvement of the vertical geometry, hot mix asphalt paving, asphalt milling and overlay, concrete (curb & gutter and cross pans), erosion control, prairie dog management, fencing (removals, resets, installations), striping (epoxy and thermoplastic markings), reclamation of disturbed areas (including top soil, soil conditioning, mulching, and noxious weed management) and traffic control.

• Staff Contacts: Colton Coughlin, Public Works; Laura Konersman, Public Works

4.m

Sheriff's Office: Colorado Department of Local Affairs (DOLA) Gray & Black Market Marijuana Grant Application

The Sheriff's Office is requesting approval to apply for the Gray & Black Market Marijuana Grant which assists local law enforcement agencies and district attorneys with investigation and prosecution costs associated with unlicensed marijuana cultivation or distribution operations.

5.

Commissioners' Discussion Items

5.a

Community Services - Waiver to Exceed 5-year Contract Limit for Community Corrections Contracts ($2,060,033.08)

Boulder County Community Services requests a waiver to extend the 5-year contract limit for the following two vendors: Intervention, Inc., d.b.a. ICCS (Contract #200611) and CoreCivic, Inc. d.b.a. Correctional Management Inc. (Contract #200604), to continue providing adult residential and non-residential community corrections services until Alternative Sentencing Facility is built and such programming is transferred in-house.

Presenter(s): 

Monica Rotner, Community Services Department

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann
  Carried

6.

Authorization for Executive Session

Authorization for the Board of County Commissioners to go into Executive Session for Legal Advice on Wednesday, October 2nd, 2024 at 11:00 a.m. with Ben Pearlman, County Attorney pursuant to C.R.S. 24-6-402(4)(b) legal advice related to the following topics: 1) Alleged Violation of Regulatory Impairment of Properly Rights Act related to AP 23-0001, Colorado Milling Company, LLC; 2) Boulder Erie Regional Trail process; 3) Estate of Avery James Borkovec v. Turn Key Health et al., U. S. District Court Case No. 24-CV-2679.

• Action Requested: Decision

Presenter(s): Ben Pearlman, County Attorney's Office

The topics to be discussed during the aforementioned Executive Session are:

1. Alleged Violation of Regulatory Impairment of Properly Rights Act related to AP 23-0001, Colorado Milling Company, LLC
2. Boulder Erie Regional Trail process
3. Estate of Avery James Borkovec v. Turn Key Health et al., U. S. District Court Case No. 24-cv-2679

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann
  Carried

7.

Boulder County Housing Authority Annual Plan and 5-Year Plan

This hearing concludes the 45-day comment period for the public to comment on Boulder County Housing Authority’s 2025 annual plan and 2025-2029 5-year plan for the Department of Housing & Urban Development (HUD). As a Public Housing Agency (PHA), BCHA must submit an annual plan to HUD every year 75 days before the start of our fiscal year, which is considered January 1. The PHA Plan is a comprehensive guide to PHA policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan: the 5-Year Plan, which each PHA submits to HUD once every 5th PHA fiscal year, and the Annual Plan, submitted to HUD every year by non-qualified agencies. Each PHA must hold a public hearing annually regarding any changes to the goals, objectives, and policies and invite public comment. The PHA must also consult with and consider the recommendations of the resident advisory board(s) at the public hearing. HUD considers the annual public hearing essential to PHAs in determining whether changes to goals, objectives, and policies are needed. BCHA has made all information relevant to the hearing and any determination of the agency regarding changes to the goals, objectives, and policies of the agency to be considered at the hearing available for inspection by the public at the principal office of the PHA during regular business hours.

The Board of County Commissioners sat at the Boulder County Housing Authority (BCHA) Board to consider Item(s) No. 7-10 and then reconvened as the Board of County Commissioners.

Presenter(s): 

Kelly Gonzalez, Boulder County Housing Authority

Public Speaker(s):

No one gave comment during the public hearing portion of this docket.

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann
  Carried

8.

Boulder County Housing Authority 2025 Moving to Work (MTW) Supplement

This hearing concludes the 45-day comment period for the public to comment on Boulder County Housing Authority’s 2025 MTW Supplement for the Department of Housing & Urban Development (HUD). BCHA is requesting to explore the following MTW activities during the 2025 fiscal year – BCHA will be focusing on making changes primarily to internal administrative policies on how utility allowances are calculated, medical deductions for elderly and disabled households, as well as administrative changes to the project-based voucher program. BCHA has made all information relevant to the hearing and any determination of the agency regarding changes to the goals, objectives, and policies of the agency to be considered at the hearing available for inspection by the public at the principal office of the PHA during regular business hours.

The Board of County Commissioners sat at the Boulder County Housing Authority (BCHA) Board to consider Item(s) No. 7-10 and then reconvened as the Board of County Commissioners.

Presenter(s): 

Kelly Gonzalez, Boulder County Housing Authority

Public Speaker(s):

No one gave comment during the public hearing portion of this docket.

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann
  Carried

9.

Boulder County Housing Authority Review of Moving to Work (MTW) Safe Harbor Waiver

This hearing is the conclusion of the 45-day comment period for the public to make comments on Boulder County Housing Authority’s 2025 request to the Department of Housing & Urban Development (HUD) to waive the safe harbor requirement under 1.h.3 which states that while an agency may modify the percentage of income used in the Total Tenant Payment (TTP) calculation, the agency must exempt elderly and disabled families from rent policy. BCHA is requesting HUD waive this Safe Harbor policy so that BCHA may implement an MTW activity allowing elderly and disabled households to have their TTP calculated at a set percentage lower than 30% in lieu of submitting receipts of unreimbursed medical expenses to calculate the TTP. BCHA has made all information relevant to the hearing and any determination of the agency regarding changes to the goals, objectives, and policies of the agency to be considered at the hearing available for inspection by the public at the principal office of the PHA during regular business hours.

The Board of County Commissioners sat at the Boulder County Housing Authority (BCHA) Board to consider Item(s) No. 7-10 and then reconvened as the Board of County Commissioners.

Staff Presenter(s): 

Kelly Gonzalez, Boulder County Housing Authority

Public Speaker(s):

No one gave comment during the public hearing portion of this docket.

The commissioners' public hearing adjourned at 10:44 a.m.

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann
  Carried

10.

1:00 p.m. Public Hearings on Candee Accessory Dwelling Units (ADUs) and Addition and Whisper Mountain Ranch Driveway and Residence

10.a

Public Hearing on Community Planning & Permitting Docket LU-23-0032-SPR-23-0104: Candee ADUs and Addition

Limited Impact Special Review for a Family Care ADU and an Agricultural Worker ADU, and Site Plan Review for additions to existing residence resulting in a total of 5,210 square feet of RFA where the PSM is 3,588 square feet. The application is submitted by Dan and Katie Candee (owners/applicants). The subject property is in the Agricultural (A) zoning district at 6564 Lake Drive, located approximately .25 mile southwest of the intersection of State Highway 66 and McCall Drive, in Section 26, Township 3N, Range 70W.

This public hearing was called to order at 1:01 p.m.

Staff Presenter(s):

Pete L'Orange, Community Planning & Permitting Department

Other Presenter(s):

Dan Candee, Applicant

Sean Stewart, Agent

County Attorneys Present:

Liana Larremore

Public Speaker(s):

No one gave comment during the public hearing portion of this docket.

The commissioners went into recess from 2:43-2:49 p.m.

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann

  to conditionally approve Docket LU-23-0032/SPR-23-0104 in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as discussed and contained within the official record. 

  Carried

10.b

Public Hearing on Community Planning & Permitting Docket LU-24-0011/SPR-24-0050: Whisper Mountain Ranch Driveway and Residence

Limited Impact Special Review to perform 1,947 cubic yards of non-foundational earthwork for driveway construction, and Site Plan Review to construct a new 4,544 sq. ft. residence on a 37.2 acre parcel. The application is submitted by Whisper Mountain, LLC c/o Michaela Bernardi (applicants/owners) and Sopher Sparn Architects (agent). The subject property is in the Forestry (F) zoning district at 11320 Gold Hill Road, approximately 1 mile east of the intersection of Gold Hill Road and County Road 93J (also known as Switzerland Trail), in Section 9, Township 1N, Range 72W.

This public hearing was called to order at 2:49 p.m.

Staff Presenter(s):

Sam Walker, Community Planning & Permitting Department

Other Presenter(s):

Stephen Sparn, Architect

Heather Houston, Ecologist

Charlie Hager, Engineer

County Attorneys Present:

Liana Larremore

Public Speaker(s):

Berkley Freeman, Attorney

Sita Stuhlmiller, Boulder

The commissioners' public hearing adjourned at 3:51 p.m.

• Moved by Commissioner Loachamin
  Seconded by Commissioner Stolzmann

  to conditionally approve Docket LU-24-0011/SPR-24-0050 in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as discussed and contained within the official record. 

  Carried