MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BOULDER COUNTY
AGENDA

Tuesday, February 21, 2023 at 10:30 A.m. - 11:30 A.m.

Third Floor Hearing Room

County Court House

1325 Pearl Street, Boulder

This agenda is subject to change. Please call ahead to confirm an item of interest (303-441-3500).
In-person meetings are held in the Third Floor Hearing Room, County Courthouse, 1325 Pearl Street, Boulder.
Public comments are taken at meetings designated as Public Hearings. Meetings and hearings on this agenda are open to the public.

For special assistance, contact our ADA Coordinator (303-441-3525) at least 72 hours in advance.

 

To view a two-week forecast agenda of the commissioners' schedule visit: https://boco.org/Advance-Agenda.

All commissioners’ public hearings and meetings will now be offered in a hybrid format where attendees can join through Zoom or in-person at the Boulder County Courthouse, 3rd Floor, 1325 Pearl Street, Boulder. To sign up for in-person public comment, please use the link in this agenda for each respective hearing. There will also be a kiosk located in the lobby of the 3rd Floor to sign up for in-person public comment. For questions regarding in-person hearings call 303-441-3500.

---

1.

CALL TO ORDER

BUSINESS MEETING (Zoom Webinar)

More information on virtual business meetings can be found in the Open Meeting Portal agenda packet at: https://boco.org/Meeting-Portal.

Attendee Link: https://boco.org/Business-Meeting

Call-in information: 1-833-568-8864, Webinar ID: 160 688 0609

2.

BOULDER COUNTY HOUSING AUTHORITY - DISCUSSION ITEMS (Commissioners sit as the BCHA Board)

2.a

Boulder County Housing Authority Resolution 2023-04: Approving 2022 SEMAP Submission to HUD

-- BCHA Resolution 2023-04, for the Purpose of Approving the 2022 SEMAP (Section Eight Management Assessment Program) Annual Certification as Mandated by the United States Department of Housing and Urban Development (HUD) for Boulder County Housing Authority’s Housing Choice Voucher Program.

3.

COMMISSIONERS' CONSENT ITEMS (BCHA Board reconvenes as the BOCC Board)

3.a

Community Planning & Permitting Department: Request for Boulder County support for RAISE Application for CO119

-- Boulder County staff, in conjunction with the Colorado Department of Transportation (CDOT), Regional Transportation District (RTD), cities of Longmont and Boulder, Commuting Solutions, and the Federal Highway Administration (FHWA), has developed a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant for the multimodal corridor improvements along the CO119, also known as the “Diagonal Highway”. This project will include multimodal safety and operational improvements along the CO119 diagonal corridor support people using all modes of travel. Specific project elements will include construction of intersection improvements, transit queue bypass lanes, commuter bikeway, and bus rapid transit station area improvements.  

3.b

County Attorney's Office: Resolution 2023-016, conditionally approving Community Planning & Permitting Docket LU-22-0026: Jones Family Care Unit

-- Resolution 2023-016, conditionally approving Boulder County Community Planning & Permitting Docket LU-22-0026: Jones Family Care Unit 

3.c

Housing & Human Services Department: Agreement with Special Kids Special Families FY23 SS-23A - Out of Home Placement Services

-- Contract Agreement and Addendum FY23 SS-23A - with Special Kids Special Families for Out of Home Placement Services. The contract total depends on whether children are placed at the facility and the length of stay. If children are placed at the facility, a child-specific addendum (SS23B) will be executed between the Parties that will detail the negotiated rates.

3.d

Parks & Open Space Department: Contract with Alfred Benesch & Company (NTE $500,000)

-- Professional Engineering Services, Structural, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between Alfred Benesch & Company in the amount of $500,000. SOQ NO. 7369-22

3.e

Parks & Open Space Department: Contract with Anderson Consulting (NTE $500,000)

-- Professional Engineering Services, Civil, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between Anderson Consulting Engineers Inc in the amount of $500,000. SOQ NO. 7369-22

3.f

Parks & Open Space Department: Contract with Otak Inc for Structural Engineering Services (NTE $500,000)

-- Professional Structural Engineering Services, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between Otak Inc in the amount of $500,000. OFS No. 302411 / SOQ No. 7369-22

3.g

Parks & Open Space Department: Contract with Otak Inc for Water Engineering Services (NTE $500,000) 

-- Professional Engineering Services, Water, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between Otak Inc in the amount of $500,000. (SOQ No. 7369-22) (OFS No. 302413)

3.h

Parks & Open Space Department: Contract with Schnabel Inc (NTE $500,000)

-- Professional Engineering Services, Water, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between Schnabel Inc in the amount of $500,000. SOQ NO. 7369-22

3.i

Parks & Open Space Department: Contract with Stillwater Ecosystem (NTE $500,000)

-- Professional Engineering Services, Water, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between Stillwater Ecosystem, Watershed & Riverine Sciences dba Stillwater Sciences in the amount of $500,000. SOQ NO. 7369-22

3.j

Public Works Department: Approval of Submittal to Colorado Department of Public Health and Environment for Boulder County Municipal Separate Storm Sewer System (MS4) Annual Report

-- Boulder County is obligated to meet the requirements of the Municipal Separate Storm Sewer System (MS4) Permit and provide an Annual Report for the year due no later than March 10^th of the subsequent year.  The Board of County Commissioners (BOCC) is the legally responsible entity for the MS4 Permit and as such is the signatory of the Annual Report.

3.k

Public Works Department: New 5-Year Contract with McDonald Farms (NTE $100.00/year)

-- New 5-Year Contract with McDonald Farms for Wastewater Hauling Maintenance Continuing Services for an amount not to exceed $100,000 per year for a 5-year total not to exceed $500,000.

3.l

Housing & Human Services Department: 2023 Contract with Boulder Shelter for Housing-Focused Shelter Services ($583,000)

-- This contract is to provide countywide Housing-Focused Shelter (HFS) services to individuals who have been referred for services through the countywide Coordinated Entry (CE) system, including leveraging street outreach efforts to work with clients toward obtaining housing, in alignment with the system planning decisions determined by the Homeless Solutions of Boulder County (HSBC) governance structure.

4.

COMMISSIONERS' DISCUSSION ITEMS

4.a

Housing & Human Services Department: Bid Waiver with Imagine! Community Centered Board Contract ($2,870,935)

-- Boulder County Department of Housing and Human Services (BCDHHS) is requesting the waiver of bid requirements to contract with Developmental Disabilities Center dba Imagine!, a provider who serves Boulder County’s Intellectual and Developmental Disability (IDD) population with its Community Centered Board.

4.b

Housing & Human Services Department: Bid Waiver with Imagine! Program Approved Service Agency (PASA) ($3,372,535)

Boulder County Department of Housing and Human Services (BCDHHS) is requesting the waiver of bid requirements to contract with Developmental Disabilities Center dba Imagine!, a provider who serves Boulder County’s Intellectual and Developmental Disability (IDD) population.  Imagine! is a source provider of Program Approved Services to ensure the provision of direct community-based services to individuals with intellectual or developmental disabilities approved for Medicaid waiver services. Imagine!’s sole client population is individuals with IDD and DD.

4.c

County Attorney's Office: Second Amended and Restated IGA for Ambulance and Secure Transportation Licensing and Inspection

-- Staff is seeking approval of the Second Amended and Restated Intergovernmental Agreement for Ambulance and Secure Transportation Licensing and Inspection and appointment of a Boulder County representative to the Program Committee created by the Agreement.

4.d

County Attorney's Office: Juul Labs, Inc. and Founders and Directors Settlement

-- In 2022, Keller Rohrback L.L.P. was retained by Boulder County to represent it in the JUUL e-cigarette multi-district litigation (MDL). In December 2022, four national settlements were reached with Juul Labs, Inc. (“JUUL”) and founders and controlling investors and directors of JUUL. The Settlements create programs to resolve claims filed by government entities across the nation, including counties (like Boulder County), cities, school districts, individual personal injury plaintiffs, a nationwide consumer class action, and Native American tribes. The Settlements do not include Altria (the parent company of Philip Morris USA) or its subsidiaries, and litigation against them is proceeding in the MDL. The Settlements require JUUL and the Founders and Directors to pay $1.7 billion to approximately 1,500 government entities, approximately 10,500 injured individuals, a nationwide class action including millions of consumers, and approximately 40 Native American tribes. If the County elects to participate in the Settlement, the amount Boulder County would receive, net of Attorneys’ Fees, Costs, and the MDL assessment, is between approximately $655,000 and approximately $708,000.

4.e

County Attorney's Office: Amicus Brief in Texas v. United States, Case No.1:18-cv-00068

-- The 5th Circuit court of appeals issued a ruling affirming Judge Hanen's order striking down the Obama-era memo issued by then Secretary Napolitano, which created the original Deferred Action for Childhood Arrivals ("DACA") program. While that decision struck down the 2012 Napolitano memo, the 5th Circuit did not rule on the Biden administration's new administrative DACA rule, which took effect on October 31, 2022, after a notice and comment period. As to this new DACA rule, the 5th Circuit remanded Texas's challenge back to the district court for further proceedings before Judge Hanen. The plaintiff states, led by Texas, have now filed a motion for summary judgement seeking to undo the DACA program once and for all, which would create an immediate risk of deportation for hundreds of thousands of our residents. The City of Los Angeles and County of Los Angeles are once again partnering to support the defense of DACA through an amicus effort.

5.

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, February 22nd with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

6.

PARKS & OPEN SPACE EXECUTIVE SESSION (IF NEEDED)

7.

BCHA EXECUTIVE SESSION (IF NEEDED)

8.

SCHEDULING AND COMMUNICATIONS

[CANCELLED TO REVIEW ADMINISTRATIVELY] Public Hearing Docket EP-22-0006/SPRW-22-0055: Mole Boundary Line Adjustment and Residential Addition

9.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

The commissioners held an Executive Session on Thursday, February 16th with County Attorney Ben Pearlman to discuss the following topics:

1.) Generalized condition of approval for land use dockets

2.) Early childhood development special districts

3.) Proposed JUUL Government Entity settlement related to Juul Labs, Inc., and its founders, controlling investors, and directors

4.) Proposed nationwide opioid settlement agreements involving Teva, Allergan, CVS, Walgreens, and Walmart

5.) Potential amicus brief in Texas v. United States (Case No. 1:18-cv-00068)

 

10.

11:30 a.m. PUBLIC MEETING

10.a

Community Services Department: Monthly report from the Head Start division

(Staff Contact: Olivia Coyne) (Hybrid: In-Person and Zoom Webinar)

ACTION REQUESTED: None - information only.

More information on meetings can be found in the Open Meeting Portal agenda packet at: https://boco.org/Meeting-Portal.

Attendee Link: https://boco.org/BOCC-Head-Start
Call-in information: 1-833-568-8864, Webinar ID: 161 791 3069

11.

1:00 p.m. PUBLIC HEARING

11.a

Community Planning & Permitting Department

Docket LU-22-0023/SPR-22-0104: Spezialy Residence and Driveway Earthwork Limited Impact Special Use Review to 3,193 cubic yards of non-foundational earthwork for driveway construction and slope tie-in, and Site Plan Review to construct a new 2,368 sq. ft. residence on a vacant 9-acre parcel. The proposal is submitted by Marc & Shannon Spezialy (applicants/owners) and is in the Forestry (F) zoning district at 830 Old Townsite Road, approximately 1.4 miles southwest of the intersection of Sugarloaf Road and Old Townsite Road in Section 35, Township 1N, Range 72W. ACTION REQUESED: Decision

Opportunity for live virtual and in-person public comments will be available, and written comments can be emailed to . Information regarding how to participate will be available on the docket webpage https://boco.org/LU-22-0023-SPR-22-0104.

• Virtual Attendee Link: https://boco.org/BOCC-LU-22-0023
• REGISTRATION REQUIRED
• Call-in information: 1-833-568-8864, Webinar ID: 160 472 9760
• In-Person Comment Registration: https://boco.org/InPerson-LU-22-0023