MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, March 26, 2024 at 9:30 A.m. - 10:30 A.m.

Tuesday, March 26, 2024 at 1:00 P.m. - 2:00 P.m.

Third Floor Hearing Room

County Court House

1325 Pearl Street, Boulder

Members Present:

• Commissioner Claire Levy
• Commissioner Ashley Stolzmann
• Commissioner Marta Loachamin

[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

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 March 26, 2024. 

The meeting was called to order at approximately 9:33 a.m. by Chair Ashley Stolzmann.

2.

9:30 a.m. Business Meeting

3.

Items to Note for the Record

Item No. 3.a. was noted for the record by Chair Ashley Stolzmann.

3.a

Commissioners' Office - Resource Conservation Advisory Board Resignation

Verity Noble submitted her resignation from the Resource Conservation Advisory Board where she served as member-at-large.

4.

Commissioners' Consent Items

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to approve the Commissioners' Consent Agenda as a whole.

  Carried Unanimously

4.a

Community Planning & Permitting - Advertising Checking Bureau Inc. Contract ($2,579,000)

Boulder County Wildfire Partners has engaged with The Advertising Checking Bureau, Inc. (ACB) to develop and administer a wildfire mitigation rebate program in Boulder County.

4.b

Community Planning & Permitting - Boulder Mountain Fire Protection District Grant Agreement Strategic Fuels Mitigation Program $410,812.50

This grant is provided as part of the Boulder County Strategic Fuels Mitigation Grant program. Funds will be used to fund Boulder Mountain FPD mitigation crew to perform fuels mitigation treatments on approximately 235 acres on private lands as part of a community-wide mitigation project in the St. Vrain Forest Restoration priority area. The mitigation crew will perform defensible space treatments and forest thinning to reduce fuel loading and ladder fuels.

4.c

Community Services - Grant Application with the US Department of Health and Education ($1,525,816)

Grant application for Boulder County Community Services Head Start program with the US Department of Health and Education for $1,525,816. Grant application is for the funding for operations, training of staff, and salaries for Boulder County Head Start program.

4.d

Community Services - Worthy Cause IV Funding Agreement, Center for People With Disabilities ($75,000)

The County has awarded Center for People With Disabilities with $75,000 in 2023 Worthy Cause Funds for debt reduction on a mortgage used to fund renovations and remodeling. Property is located at 1675 Range Street in Boulder.

4.e

Community Services - Worthy Cause IV Funding Agreement Harvest of Hope Pantry ($75,000)

The County has awarded the Harvest of Hope Pantry with $75,000 in 2024 Worthy Cause Funds for debt reduction for the purchase of their property that is used as a food pantry, community gathering space, for client referral and their office. The property is located at 4830 Pearl Street in Boulder.

4.f

County Attorney's Office - Resolution 2024-026 (SU-22-0002: Alexander Dawson School SU-SSDP)

Resolution 2024-026, denying Boulder County Community Planning & Permitting Docket SU-22-0002: Alexander Dawson School SU-SSDP.

4.g

County Attorney's Office - Resolution 2024-028 (HP-23-0004: Walker Ranch Historic District)

Resolution 2024-028, conditionally approving Boulder County Community Planning & Permitting Docket HP-23-0004: Walker Ranch Historic District.

4.h

Housing & Human Services - CDHS Division of Youth Services Revenue Contract Amendment ($1,576,512)

In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall: provide managed care services, funding the I.M.P.A.C.T. Program through Boulder County Department of Housing and Human Services (BCDHHS), County of Boulder, State of Colorado, Acting by and through its Board of County Commissioners (County).  Amendment to increase FY24 contract amount to $1,576,512.

Staff Contact(s): Lane Volpe, Housing & Human Services.

4.i

Housing & Human Services - Contract with AidKit, Inc.

Boulder County Housing & Human Services is contracting with AidKit, Inc. to provide direct cash assistance to families with young children as part of a pilot program, Application Assistance and Payment Platform Provider. AidKit was awarded this contract after their response to RFP 7505-23.

Staff Contact(s): Rory Thomes, Housing & Human Services.

4.j

Housing & Human Services - FY25 Colorado Department of Human Services Division of Youth Services IMPACT Revenue Contract ($1,604,688)

In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall: provide managed care services, funding the I.M.P.A.C.T. Program through Boulder County Department of Housing and Human Services (BCDHHS), County of Boulder, State of Colorado, Acting by and through its Board of County Commissioners (County).  

Staff Contact(s): Lane Volpe, Housing & Human Services.

4.k

Housing & Human Services - RFP-024-24 Award Recommendation

The evaluation committee recommends awarding RFP-024-24, Survive and Thrive: Application and Payment Provider, to AidKit, Inc.

Staff Contact(s): Rory Thomes, Housing & Human Services.

4.l

Office of Sustainability, Climate Action & Resilience - Energy Outreach Colorado-CARES Project ($1,500,000)

Signature needed on contract #303474, Energy Outreach CARES, the BOCC reviewed and approved the bid waiver for this contract in November, 2023.

Staff Contact(s): Dave Hatchimonji, Office of Sustainability, Climate Action & Resilience.

4.m

Parks & Open Space - Sky View Acquisition Notice of Property Restrictions Document

On February 13, 2024, the Board of County Commissioners approved the acquisition of the Sky View property at 10384 Airport Rd., Longmont. This Notice of Property Restrictions is needed to complete the transaction.

4.n

Public Works - Amendment to Contract with Oz Architecture for the Emergency Response Building ($155,061)

Amendment to Contract with Oz Architecture for the Emergency Response Building for an additional amount of $155,061 for a new total amount of $1,337,441.

4.o

Sheriff's Office - 2024 State of Colorado Peace Officers Standards and Training (POST) Grant Application

Each year BCSO applies for the POST Grant that helps fund training for the deputies within the region.

5.

Commissioners' Discussion Items

5.a

Community Planning & Permitting - LU-15-0013: Encinias Fireworks Stand

Request for extension of a temporary fireworks stand use at 4760 28^th Street, pursuant to Boulder County Land Use Code Section 4-517.H and Section 4-600.

• Action Requested: Decision

Presenter(s): Pete L'Orange, Community Planning & Permitting

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.b

Community Planning & Permitting - LU-19-0041: Parks & Open Space Nederland Forestry Processing and Sort Yard

Limited Impact Special Use Review to allow the continued operation of an existing Forestry Processing and Sort Yard on a 36.32 acre parcel located at 291 Ridge Road.

• Action Requested: Decision

Presenter(s): Wesley Jefferies, Community Planning & Permitting

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.c

Community Planning & Permitting - SPR-23-0087: Reptar 1783 LLC Change of Use

Staff requests that the Board of County Commissioners determine whether to call up the Director’s determination of docket SPR-23-0087: Reptar 1783 LLC Change of Use for review at a public hearing.

• Action Requested: Decision
• Presenter(s): Erica Bjelland, Community Planning & Permitting

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  For (2)	Commissioner Loachamin, and Commissioner Levy
  Against (1)	Commissioner Stolzmann

  Carried (2 to 1)

5.d

County Attorney's Office: Legal Representation Agreement for Jacob Bauer in the matter of Brad Alexander v. Jacob Bauer, et al.

Jacob Bauer has been named as a defendant in the Complaint filed in Brad Alexander v. Jacob Bauer, et al., 2024CV28.  At the time of the events at issue in the Complaint occurred, Jacob Bauer was a public employee of the County.  The County Attorney’s Office is requesting approval and signature from the Board to provide legal representation for Jacob Bauer.

• Action Requested: Decision
• Presenter(s): Colin Mayberry, County Attorney's Office

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.e

County Attorney's Office: Legal Representation Agreement for Kyle Zimmer in the matter of Brad Alexander v. Jacob Bauer, et al.

Kyle Zimmer has been named as a defendant in the Complaint filed in Brad Alexander v. Jacob Bauer, et al., 2024CV28.  At the time of the events at issue in the Complaint occurred, Jacob Bauer was a public employee of the County.  The County Attorney’s Office is requesting approval and signature from the Board to provide legal representation for Kyle Zimmer.

• Action Requested: Decision
• Presenter(s): Colin Mayberry, County Attorney's Office

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.f

Human Resources Department - New Term FTE for Community Services

Robin Bohannan, Community Services Director, is requesting a new 1.0 FTE term Human Services Caseworker C (SL4) with a term date of December 31, 2026.  In 2021 the Community Navigation Hub was funded under the American Rescue Plan Act (ARPA) and provided a budget of 3 million dollars to extend through 2026. The original approved budget allocated funds across five (5) navigator positions, however only four (4) position codes were available when the program started. Currently, all position codes have been filled and the program’s budget is still projected to support one additional position beginning in early 2024. The current navigation team has processed approximately 200 referrals among a team of four navigators, just in the pilot period. As we expand this service into the public throughout 2024 and increase our triage role for the ARPA Mobile Crisis Team, the referral volume is expected to increase significantly. Bridgette McCarthy, Grant Supervisor with OFM, has verified the ARPA funding. Human Resources has approved the classification. Commissioners' approval is needed.

• Action Requested: Decision
• Presenter(s): BJ Lambden, Human Resources; Kelly Veit, Community Services

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.g

Parks & Open Space - 5-year Service Contract with Blue River Forestry and Tree Care, Inc (NTE $2,000,000.00)

Blue River Forestry and Tree Care, Inc will provide tree pruning and trimming, tree felling and thinning, debris chipping, stump removal, stump grinding, herbicide spraying and tree health care for trees located on open space lands on a project-by-project basis. This contract is for a 5-year service contract which will end on 12/31/28. The annual not to exceed amount is $400,000.00 bring the total contract not to exceed amount to $2,000,000.00. OFS # 303416.

• Action Requested: Decision
• Presenter(s): Cathy Thiltgen, Parks & Open Space

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.h

Parks & Open Space - 5-year Service Contract with Prop Maintenance LLC (NTE $2,500,000.00)

Prop Maintenance will provide property maintenance services for owned and leased rental houses as well as historical and agricultural structures and other County owned buildings on as as needed assigned basis. This contract is for a 5-year procurement term which ends on 12/31/28. The annual not to exceed amount is $500,000.00 for a total not to exceed contract amount of $2,500,000.00. OFS # 303408.

• Action Requested: Decision
• Presenter(s): Cathy Thiltgen, Parks & Open Space

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.i

Parks & Open Space - 5-year Service Contract with Root Tree Service (NTE $2,000,000.00)

Root Tree Service will provide tree pruning and trimming, tree felling and thinning, debris chipping, stump removal, stump grinding, herbicide spraying and tree health care for trees located on open space lands on a project-by-project basis. This contract is for a 5-year service contract which will end on 12/31/28. The annual not to exceed amount is $400,000.00 bring the total contract not to exceed amount to $2,000,000.00. OFS 303421.

• Action Requested: Decision
• Presenter(s): Cathy Thiltgen, Parks & Open Space

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.j

Parks & Open Space - 5-year Service Contract with SavATree LLC (NTE $2,000,000.00)

SavATree LLC will provide tree pruning and trimming, tree felling and thinning, debris chipping, stump removal, stump grinding, herbicide spraying and tree health care for trees located on open space lands on a project-by-project basis. This contract is for a 5-year service contract which will end on 12/31/28. The annual not to exceed amount is $400,000.00 bring the total contract not to exceed amount to $2,000,000.00. OFS 303467.

• Action Requested: Decision
• Presenter(s): Cathy Thiltgen, Parks & Open Space

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

5.k

Parks & Open Space - 5-year Service Contract with Splintered Forest LLC (NTE $2,000,000.00)

Splintered Forest LLC will provide tree pruning and trimming, tree felling and thinning, debris chipping, stump removal, stump grinding, herbicide spraying and tree health care for trees located on open space lands on a project-by-project basis. This contract is for a 5-year service contract which will end on 12/31/28. The annual not to exceed amount is $400,000.00 bringing the total annual contract not to exceed amount to $2,000,000.00. OFS # 303424.

• Action Requested: Decision
• Presenter(s): Cathy Thiltgen, Parks & Open Space

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

6.

Scheduling & Communications

6.a

Commissioners' Office - 2024 April Fair Housing Month Proclamation

The 2024 Boulder County Fair Housing Month Proclamation recognizes April as Fair Housing Month, commemorating the 1968 Fair Housing Act's aim to eliminate housing discrimination and ensure equal opportunities for all Americans, regardless of race, color, national origin, religion, sex, familial status, or disability. Despite ongoing discrimination, Boulder County emphasizes the necessity of fair, inclusive housing policies and supports local efforts to promote fairness and assist those affected by discrimination. The proclamation encourages residents to learn about their rights under the Fair Housing Act, reinforcing the community's commitment to fairness, equality, and justice in housing. Boulder County's Board of Commissioners urges everyone to support efforts to eradicate housing discrimination, marking April 2024 as a time to acknowledge and advance fair housing principles.

Presenter(s): Susana Lopez-Baker, Housing and Human Services; Janeth Picazo, Housing and Human Services

7.

Authorization for Executive Session

Authorization for the Board of County Commissioners to go into Executive Session for Legal Advice at 11 a.m. on Wednesday, March 27th, with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Presenter(s): Collin Mayberry, County Attorney's Office

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

1.) Timing of Options to Purchase Open Space from CEMEX for properties east of Lyons and north of Highway 66

2.) Sugarloaf “No Discharge of Firearms” Areas

Authorization for the Boulder County Housing Authority Board to go into Executive Session for Legal Advice at 11a.m. on Wednesday, April 3, 2024, with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(a), real property issues.

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

1.) The Cimarron Property - Head Start (Vacant Lot) – 1135, 1105, 1075, 1045, 1165 & 1195 Cimarron Drive, Lafayette, Boulder County, Colorado 80026

2.)  The Eagle Place - Special Limited Partnership (SLP) discussion – 1310 - 1420 Cimarron Drive, Lafayette, CO 80026.

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  Authorization for the Boulder County Housing Authority Board to go into Executive Session for Legal Advice at 11a.m. on Wednesday, April 3, 2024, with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(a), real property issues

  Carried Unanimously
• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  Authorization for the Board of County Commissioners to go into Executive Session for Legal Advice at 11 a.m. on Wednesday, March 27th, with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

  Carried Unanimously

8.

Confirmation of Executive Session Topics

Confirming Executive Session topics noticed at the March 12th, 2024, Regular Meeting were discussed as scheduled.

Action Requested: Note for the Record

Presenter: Colin Mayberry, County Attorney's Office; Natalie Springett, Commissioners' Deputy. 

Item No. 8 was noted for the record.

This business meeting adjourned at 10:17 a.m. 

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  To accept the topics for the Boulder County Housing Authority Board executive session for Wednesday, April 3, 2024, to be held pursuant to CRS 24-6-402(4)(a), real property issues.

  Carried Unanimously

9.

Public Hearing of the Boulder County Housing Authority

General update to the Board of County Commissioners. More information on BCHA can be found on their website.

• Action Requested: Public testimony taken; no action requested. 

This public hearing of the Boulder County Housing Authority (BCHA) Board was called to order at 10:26 A.M.

Presenter(s): 

Susana Lopez-Baker, Boulder County Housing Authority

Ben Doyle, New Community Law

Michelle Alexander, Boulder County Housing Authority

Molly Chiang, Boulder County Housing Authority

Kelly Gonzalez, Boulder County Housing Authority 

Domingo Garza, Boulder County Housing Authority 

Kelly Stapleton, Boulder County Housing Authority 

Public Speaker(s):

No one from the public spoke during this public hearing.

This public hearing adjourned at 11:25 A.M.

10.

1 p.m. Public Meeting

10.a

Head Start Division Monthly Report to the Commissioners

Community Services Department: Monthly report from the Head Start division. No public testimony will be taken. More information on Head Start can be found at the Head Start website.

• Action Requested: None - information only
• Staff Contact: Akane Ogren

This public meeting was called to order at 1:00 P.M. and adjourned at 1:27 P.M.

Staff Presenter(s):

Akane Ogren, Community Services Department

Alex Linder, Community Services Department

Stacy Fujieda, Community Services Department

Chair Stolzmann requested a 3-minute recess.  

10.b

Public Hearing on Zoning Map Amendments to the Floodplain Overlay District

Community Planning & Permitting Department Docket Z-23-0001: Zoning Map Amendments to the Floodplain Overlay District; Amendments to the Boulder County Floodplain and Floodway based on FEMA’s Physical Map Revision reflecting the Colorado Hazard Mapping Program (CHAMP) study. Opportunity for live virtual and in-person public comment will be available, and written comments can be emailed to . Information regarding how to participate will be available on the docket webpage.

• Staff Contact: Kelly Watson

This public hearing was called to order at 1:31 p.m.

Staff Presenter(s):

Kelly Watson, Community Planning & Permitting

Other Presenter(s):

Kevin Doyal, Consultant with Michael Baker

Marta Blanco Castano, State of Colorado

County Attorneys Present:

Erica Rogers, County Attorney's Office

Public Speaker(s):

Michael Janeczko, Longmont, CO

Daniel Rubin, Boulder, CO

Kenneth Daughlt, Longmont, CO

Curt Parker, Loveland, CO

The commissioners' public hearing adjourned at 2:29 p.m.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin

  to conditionally approve Docket Z-23-0001 in accordance with staff recommendations and with additional conditions as discussed and contained within the official record. 

  Carried Unanimously