MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, January 09, 2024 at 9:00 A.m. - 10:00 A.m.

Tuesday, January 09, 2024 at 10:30 A.m. - 11:30 A.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.]

 

 

---

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 January 9, 2024. 

The meeting was called to order at approximately 9:02 a.m. by Chair Claire Levy.

2.

9:00 AM PUBLIC MEETING: 2024 BOULDER COUNTY REORGANIZATION MEETING (Hybrid: In-Person and Zoom Webinar)

Commissioners’ Office: Annual re-organization meeting, appointments, State of the County Address, and other county business.

3.

STATE OF THE COUNTY

Presenter(s): 

Commissioner Marta Loachamin

Commissioner Ashley Stolzmann

Commissioner Claire Levy

4.

2024 REORGANIZATION MEETING NOMINATIONS:

4.a

Commissioners' Office: 2024 Nomination for Chair to the Board of County Commissioners

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to nominate Commissioner Ashley Stolzmann to serve as Chair of the Boulder County Board of Commissioners. 

  Carried Unanimously

4.b

Commissioners' Office: 2024 Nomination for Vice-Chair of the Board of County Commissioners

• Moved by Commissioner Levy
  Seconded by Commissioner Stolzmann

  to nominate Commissioner Marta Loachamin to serve as Vice-Chair of the Boulder County Board of Commissioners. 

  Carried Unanimously

5.

ADOPTION OF 2024 RESOLUTIONS 

5.a

Commissioners' Office: Adopt Resolution 2024-001- Designating the Daily Camera and the Times Call as Boulder County's official newspapers for the year 2024.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.b

Commissioners' Office: Adopt Resolution 2024-002- Designating meeting days of the Board of County Commissioners and posting of Board meetings.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.c

Commissioners' Office: Adopt Resolution 2024-003- Designating Allan Beezley, Esq. as the Local Liquor Licensing Authority for Boulder County.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.d

Commissioners' Office: Adopt Resolution 2024-004- Designating the official county holidays for the year 2024 and New Year's Day and Martin Luther King Jr. Day holidays for the year 2025.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.e

Commissioners' Office: Adopt Resolution 2024-005- Designating depositories, custodial, and investment institutions for Boulder County public funds and securities in 2024.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.f

Commissioners' Office: Adopt Resolution 2024-006- Authorizing the Vice-Chair to act in the absence of the Chair and allow the Vice-Chair to execute documents.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.g

Commissioners' Office: Adopt Resolution 2024-007- Providing for the Board of County Commissioners to serve ex-officio as the Board of County Housing Authority.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

6.

DESIGNATE THE OFFICIAL COUNTY AUDITORS FOR 2024 TO CONDUCT THE 2023 AUDIT

CliftonLarsonAllen, LLP

8390 E. Crescent Parkway, Suite 600 Greenwood Village, CO 80111

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

7.

REAPPOINTED BY THE COUNTY COMMISSIONERS TO AN AT-WILL POSITION:

Chief Financial Officer- Ramona Farineau

County Administrator- Jana Petersen

Assistant County Administrator- Yvette Bowden

Chief Sustainability Officer- Susie Strife

County Attorney- Ben Pearlman

IT Director- Paul Jannatpour

Human Resources Director- Julia Larsen

Community Services Director- Robin Bohannan

Community Planning & Permitting Director- Dale Case

Parks & Open Space Director- Therese Glowacki

Housing & Human Services Director- Susan Caskey

Office of Racial Equity Director- Carrie Inoshita

Public Works Director- Steven Durian

Commissioners' Deputy- Natalie Springett

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin

  to re-appoint all staff as detailed in Item No. 7. to at-will positions. 

  Carried Unanimously

8.

SITTING AS THE BOULDER COUNTY HOUSING AUTHORITY BOARD OF DIRECTORS

Adopt BCHA Board Resolution 2024-01: Delegating authority to the Interim Executive Director and her designees to take certain actions on behalf of the Boulder County Housing Authority.

[The Board of County Commissioners sat at the Boulder County Housing Authority (BCHA) Board to consider Item No. 8.]

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

9.

SITTING AS THE BOULDER COUNTY BOARD OF SOCIAL SERVICES

[The Board of County Commissioners sat as the Boulder County Board of Social Services to consider Item No. 9.a and then reconvened as the Board of County Commissioners.]

9.a

Appoint Susan Caskey as the Director of Social Services.

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

10.

SITTING AS THE BOARD OF COUNTY COMMISSIONERS - APPOINT REPRESENTATIVES FROM THE BOARD OF COUNTY COMMISSIONERS TO SERVE ON THE FOLLOWING BOARDS:

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin

  to appoint representatives from the Board of County Commissioners to serve as detailed in Items No. 10.a through 10.f. 

  Carried Unanimously

10.a

Boulder County Consortium of Cities

Meets every other month, the first Wednesday of the month.

Membership includes one elected official representative from each of the municipalities in Boulder County, an ex officio representative from the City and County of Broomfield, and one County Commissioner, who chairs the Consortium. The purpose is to promote interaction and communication among Boulder County municipalities and the county for the benefit of the separate governments and the residents of Boulder County as a whole.

Appointment:  Commissioner Marta Loachamin

10.b

Denver Regional Council of Governments (DRCOG) Board of Directors

Meets the third Wednesday of each month.

Membership includes one elected official representative from each of the member cities and counties in the six-county Denver/Boulder Metropolitan Area. The purpose is to act as the regional planning entity for land use, transportation, and water quality, among other regional efforts.

Appointment: Commissioner Claire Levy

Alternate: Commissioner Ashley Stolzmann

10.c

Rocky Mountain Metropolitan Airport Community Noise Roundtable

Meets on the second Tuesday of the month.

Roundtable members collaborate on and address the noise impacts on the community surrounding the Rocky Mountain Metropolitan Airport.

Appointment: Commissioner Ashley Stolzmann 

10.d

Mayors and Commissioners Coalition

Meets on the second Thursday of the month.

Membership consists of the mayor from each member government and a Boulder County Commissioner (Cities of Boulder, Louisville, Lafayette, Longmont, and Westminster, the Towns of Superior and Erie, and the City and County of Broomfield).  MCC advocates for transportation solutions to increase mobility in the Northwest Metro Region.

Appointment: Commissioner Claire Levy

10.e

Mile High Flood District

Meets on the third Thursday of the month.

Membership includes an elected official representative from each city and county government in the district.  The purpose is to plan for and authorize the allocation and expenditure of funds from the district-wide property tax among the district governments for urban drainage and flood control projects.

Appointment:  Commissioner Ashley Stolzmann

10.f

Workforce Boulder County

Meets quarterly, virtual and at the St. Vrain Hub.

The board is made up of 20 members who are appointed by the Boulder County Commissioners and certified by the Governor.  Members represent the private sector, education, community-based organizations, economic development agencies, and unions.  The board serves to advise the Board of County Commissioners on workforce related issues in addition to exercising its federal law responsibilities.  The Board of County Commissioners has the responsibility to plan, oversee and evaluate the operations of Boulder County's two Workforce Centers and appoint one Commissioner representative to this board.

Appointment: Commissioner Marta Loachamin

[The Commissioners' Board of County Commissioners - Regular Meeting adjourned at 943 a.m/p.m.]

11.

10:30 A.M. BUSINESS MEETING

12.

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 January 9, 2024. 

The meeting was called to order at approximately 10:32 a.m. by Chair Ashley Stolzmann.

13.

BURGUNDY PARK PUBLIC IMPROVEMENT DISTRICT (Commissioners sit as the Burgundy Park PID)

[The Board of County Commissioners sat as the Burgundy Park Public Improvement District for Item No. 13.a.]

13.a

Office of Financial Management: Resolution B2024-1

As part of the Boulder County 2024 Budget Adoption, the Commissioners formally adopt an additional Resolution for the 2024 Burgundy Park Public Improvement District budget.

- Resolution Levying General Property Taxes

Presenter(s): Ramona Farineau, Office of Financial Management

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

14.

NEDERLAND ECOPASS LOCAL IMPROVEMENT DISTRICT (Commissioners sit as the Nederland EcoPass LID)

[The Board of County Commissioners sat as the Nederland EcoPass Public Improvement District for Item No. 14. a.]

14.a

Office of Financial Management: Resolution N2024-1

As part of the Boulder County 2024 Budget Adoption, the Commissioners formally adopt an additional Resolution for the 2024 Nederland Eco Pass Local Improvement District budget.

- Resolution Levying General Property Taxes

Presenter(s): Ramona Farineau, Office of Financial Management

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

15.

ITEMS TO NOTE FOR THE RECORD (Sitting as the Board of County Commissioners)

[Items No. 15.a through 15.d were noted for the record by Chair Ashley Stolzmann.]

15.a

Commissioners' Office: Aging Advisory Council resignation notifications from:

• Erin Watson who served as a Louisville Representative.
• Charles Erdrich who served as a Boulder Representative.

15.b

Commissioners' Office: Benefits Advisory Board resignation notifications from:

• Jeremy Creamean who served as the Office of Financial Management representative.
• Erika Wilber who served as the Sheriff's Office representative.
• Jeff Martin who served as the Coroner's Office representative.

15.c

Commissioners' Office:  Planning Commission resignation notification from:

•  David Hsu who served as a member-at-large.

15.d

Commissioners' Office: Resource Conservation Advisory Board resignation notifications from:

• Elizabeth Szorad who served as the City of Lafayette Representative.
• Alexis Bullen who served as the Town of Superior Representative.
• Charles Kamenides who served as the City of Longmont Representative.
• Lauren Folkerts who served as the City of Boulder Representative.

16.

COMMISSIONERS' CONSENT ITEMS

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to approve the Commissioners' Consent Agenda Items No. 16.a and 16.c through 16.g. Item No. 16.b was moved to the Discussion Item Agenda and voted upon separately. 

  Carried Unanimously

16.a

Clerk & Recorder's Office: Contract Amendment with BC Elections for Runbeck Ballot Printing ($1,301,578)

Annual contract amendment for Boulder County Elections ballot printing services in the amount of $1,301,578.

16.b

Community Services Department: Grant Proposal with CO. Dept. of Public Health and Environment, $190,000

The purpose of this grant request to the Colorado Department of Public Health and Environment Office of Health Equity Health Disparities and Community Grant Program (HDCGP) is to obtain funding to support the Healthy Youth Alliance (HYA) in strategic planning intended to ultimately reduce health disparities in underrepresented communities related to the prevention of negative behavioral health and substance misuse outcomes.

Presenter(s): Meca Delgado, Community Services Department

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to approve the grant proposal and give direction to the Office of the County Administrator as discussed and contained in the official record.

  Carried Unanimously

16.c

Community Services Department: Grant Application Proposal with Buell Foundation, $75,000

The Buell grant program has a total of $75,000.00 in grant funds to distribute in support of Bilingual - Early Childhood Mental Health Consultant (ECMHC) services to Boulder County Head Start staff, children, and families. Consultation by the ECMHC includes classroom observations, identifying and implementing strategies that support healthy social-emotional development and mental health in the classroom and at home, researching and presenting evidence-based training for staff during monthly professional development, and community partnership with other health service providers (i.e., Mental Health Partners).

16.d

Public Works Department: Contract Amendment with Western Disposal (additional $400,000)

Amendment to the Boulder County Waste Disposal contract with Western Disposal to add $400,000 for a total contract amount of $1,204,200. 

16.e

Public Works Department: 2023 Annual Highway Users Tax Fund (HUTF) Report to Colorado DOT

2023 Annual Highway Users Tax Fund (HUTF) Report to Colorado DOT

16.f

Sheriff's Office: 2024 CoreCivic Contract (NTE $496,050)

Each year the Sheriff's Office contracts with CoreCivic for inmate boarding and work release management.

16.g

Sheriff's Office: 2024 Emergency Management Performance Grant (EMPG) Application

Each year the Office of Disaster Management applies for the Emergency Management Performance Grant (EMPG) that helps fund projects relating to wildfire mitigation, severe weather planning, preparedness and mass fatality planning. 

17.

COMMISSIONERS' DISCUSSION ITEMS

17.a

Community Planning & Permitting Department: Ratification of Chair Levy's 12/28/23 signature, Muller Engineering Contract Amendment

Signature Ratification for Muller Engineering Amendment 201382-6. The contractor will provide a final design for a bikeway along SH 119 between Boulder and Airport Road (Station 100+00 to approximately Station 500+50 on the Concept Plans – approximately 7.6 miles), and a preliminary design only for the segment from Airport Road (Sta 600+00) to the existing trail approximately ¼ mile southwest of Hover Street in Longmont (Sta 680+00), all as more specifically described in the Scope of Work.  201382-6.

Presenter(s): Stacey Proctor, Community Planning & Permitting Department

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

17.b

Community Planning & Permitting Department: Authorization under Article 16-100.A of the Boulder County Land Use Code for Text Amendments to the Land Use Code related to Article 4-517.H Temporary Fireworks and Christmas Tree Sales use

Staff requests authorization to pursue a text amendment to the Boulder County Land Use Code (the Code) related to Temporary Fireworks and Christmas Tree Sales (Article 4-517.H) and any other related Articles and provisions necessary to integrate these changes.

Presenter(s): Cayley Byrne, Community Planning & Permitting Department

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

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

  Carried (2 to 1)

17.c

Office of Financial Management: 2024 Boulder County Budget - Resolution 2024-008

An additional Resolution is submitted as part of the 2024 Budget Adoption Process.

- Resolution Levying General Property Taxes

Presenter(s): Ramona Farineau, Office of Financial Management

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

17.d

Parks & Open Space Department: Contract Amendment #2 with JKS Industries LLC (NTE $1,800,000)

JKS Industries LLC provides mold, asbestos, and lead paint abatement and deconstruction/demolition services. The Contract Amendment request is to extend the terms of the 5-year service contract to January 1, 2024 through December 31, 2026. The amount is not to exceed $1,800,000 ($600,000.00/year).

Presenter(s): Barry Shook, Parks & Open Space Department

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

17.e

Parks & Open Space Department: Contract Amendment #2 with Oak Environmental LLC (NTE $1,800,000)

Oak Environmental LLC provides mold, asbestos, and lead paint abatement and deconstruction/demolition services. The Contract Amendment request is to extend the terms of the 5-year service contract to January 1, 2024 through December 31, 2026. The amount is not to exceed $1,800,000 ($600,000.00/year).

Presenter(s): Barry Shook, Parks & Open Space Department

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy
  Carried Unanimously

17.f

Parks & Open Space Department: Contract Amendment #2 with Risk Removal Holdings LLC (NTE $1,800,000)

Oak Environmental LLC provides mold, asbestos, and lead paint abatement and deconstruction/demolition services. The Contract Amendment request is to extend the terms of the 5-year service contract to January 1, 2024 through December 31, 2026. The amount is not to exceed $1,800,000 ($600,000.00/year).

Presenter(s): Barry Shook, Parks & Open Space Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried Unanimously

18.

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, January 10th with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

[Item No. 18 has been withdrawn.]

19.

SCHEDULING AND COMMUNICATIONS

19.a

[TABLED] Community Planning & Permitting Department Docket: LU-23-0028 Country Club Use of Community Significance Designation Limited Impact Special Review

Presenter(s): Cecilia Lacey, Commissioners' Office

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to table Docket LU-23-0028: Country Club Use of Community Significance Designation Limited Impact Special Review from Tuesday, January 9^th at 11:15 a.m. to Tuesday, April 2^nd at 9:30 a.m.

  Carried Unanimously

19.b

[CANCELED] Public Hearing Docket LU-23-0033 Schutte Co Short-Term Rental

The Community Planning & Permitting Department Docket LU-23-0033 Schutte Co Short-Term Rental scheduled for Thursday, January 11, 2024, at 9:30 a.m. has been canceled.

[Item No. 19.b was noted for the record.]

Presenter(s): Cecilia Lacey, Commissioners' Office

19.c

Boulder County’s 2024 National Radon Action Month Proclamation

Presenter(s): Patty Dooley-Strappelli, Boulder County Public Health Department

[The Commissioners' Business Meeting adjourned at 11:03 a.m.]

20.

11:30 a.m. PUBLIC HEARING

20.a

Parks & Open Space Department: 2023 Real Estate Division Annual Report

Staff Contact: Janis Whisman

Location - Hybrid: Hearing Room and Zoom Webinar Parks & Open Space Department: Real estate acquisitions monthly meeting; 2023 Real Estate Division Annual Report; Summary of Parks & Open Space’s 2023 open space acquisitions and other real estate activity involving open space properties.

[This public hearing was called to order at 11:31 a.m.]

Staff Presenter(s):

Janis Whisman, Parks & Open Space Department

Public Speaker(s):

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

[This commissioners' public hearing adjourned at 11:44 a.m.]

21.

1:00 p.m. PUBLIC HEARING 

21.a

Community Planning and Permitting Docket: DC-23-0001: Text Amendments to the Land Use Code related to Short-Term Dwelling and Vacation Rentals

Public Hearing – Text Amendments to the Land Use Code and Ordinance related to Short-Term Dwelling and Vacation Rentals

Staff Contact: Ethan Abner Location - Hybrid: Hearing Room and Zoom Webinar

Item No. 1: Community Planning & Permitting Department Docket DC-23-0001: Text Amendments to the Land Use Code related to Short-Term Dwelling and Vacation Rentals; Text amendments to the Boulder County Land Use Code related to the Short-Term Dwelling and Vacation Rental uses in Article 4-507.E, Article 4-516.X, Article 4-516.Y, and any other related Articles and provisions necessary to integrate these changes.

Action Requested: Decision

Item No. 2: Ordinance No. 2023-02: An Ordinance by The Board of County Commissioners for the County of Boulder for the Licensing of Short-Term Dwelling Rentals and Vacation Rentals within the Unincorporated Area of Boulder County. 

Action Requested: Decision

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

Staff Presenter(s):

Ethan Abner, Community Planning & Permitting Department

Kathy Gissel, Community Planning & Permitting Department

County Attorneys Present:

Erica Rogers

Liana Larremore

Public Speakers regarding Docket DC-23-0001:

1. Robyn Kube, Boulder
2. Ilona Dotterrer, Boulder County Mountain Cabin Alliance
3. Nathaniel Farber, Boulder
4. Deborah Rideout, Boulder
5. Scott Schafer, Boulder
6. Paul Marcoux, Allenspark
7. Bret Gibson, Four Mile Fire Protection District 
8. Richard Harris, Boulder
9. Edward Yagi, Allenspark
10. Phillip Epstein, Boulder County
11. Debby Browne, Allenspark
12. Samuel Arieti, Allenspark
13. Elizabeth Brown, Allenspark
14. Garrett Rue, Longmont
15. Paige Larkin, Boulder County
16. Roxanne di Santo, Boulder County Mountain Cabin Alliance 
17. Philip Stern, Allenspark
18. Marcus Moench, Gold Hill
19. Maya Ward-Karert, Boulder
20. Michael Shepard, Boulder
21. Bruce Kowkabany, Boulder

The commissioners went into recess from 4:04 to 4:12 p.m.

Public Speakers regarding Ordinance 2023-02:

1. Robyn Kube, Boulder
2. Richard Holly, Allenspark
3. Ilona Dotterrer, Boulder County Mountain Cabin Alliance
4. Nathaneil Farber, Boulder
5. Deborah Rideout, Boulder
6. Scott Schafer, Boulder
7. James Sable, Boulder
8. Dick Harris, Boulder
9. Samuel Arieti, Allenspark
10. Phillip Epstein, Boulder County
11. Edward Yagi, Allenspark
12. Garrett Rue, Longmont
13. Paige Larkin, Boulder County
14. Roxanne di Santo, Boulder County Mountain Cabin Alliance
15. Catherine Corona, Boulder County
16. Maya Ward-Karert, Boulder 
17. Daryl James, Boulder
18. Andrea Grant, Boulder

The commissioners went into recess from 5:53 to 5:59 p.m.

[The commissioners' public hearing adjourned at 8:59 p.m.]

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

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

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

  Carried (2 to 1)
• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to approve Ordinance No. 2023-02 as amended and discussed within the official record.

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

  Carried (2 to 1)