MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

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Third Floor Hearing Room
County Court House
1325 Pearl Street, Boulder
Members Present:
  • Commissioner Marta Loachamin
  • Commissioner Claire Levy
  • Commissioner Ashley Stolzmann

[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.]

 

 


10:30 A.M. BUSINESS MEETING

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 February 21, 2023. 

The meeting was called to order at approximately 10:31 a.m. by Chair Claire Levy.

[THE BOARD OF COUNTY COMMISSIONERS SAT AS THE BOULDER COUNTY HOUSING AUTHORITY BOARD TO CONSIDER ITEM 2.A. AND THEN RECONVENED AS THE BOULDER COUNTY BOARD OF COUNTY COMMISSIONERS.]

-- 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.

Presenter(s): Kelly Gonzalez, Boulder County Housing Authority

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

[THE BOARD SAT AS THE BOULDER COUNTY BOARD OF COMMISSIONERS FOR ITEMS NO. 3-11.]

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin

    to approve the Commissioners' Consent Agenda as a whole.

    Carried Unanimously

-- 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.  

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

-- 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.

-- 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

-- 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

-- 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

-- 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)

-- 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

-- 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

-- 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 10th 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.

-- 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.

-- 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.

-- 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.

Presenter(s): Sara Boylan, Housing & Human Services Department

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

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.

Presenter(s): Sara Boylan, Housing & Human Services Department 

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

-- 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.

Presenter(s): Mike Koertje, County Attorney's Office

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

-- 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.

Presenter(s): David Hughes, County Attorney's Office

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

-- 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.

Presenter(s): David Hughes, County Attorney's Office

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

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.

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

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

1.) Potential waiver of conflict with Kutak Rock for work on Boulder Library Intergovernmental Agreement (IGA)

2.) Oil and gas legal issues briefing

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

[There was nothing to note for the record for Item No. 6.]

[There was nothing to note for the record for Item No. 7.]

The Public Hearing for Docket EP-22-0006/SPRW-22-0055: Mole Boundary Line Adjustment and Residential Addition has been cancelled to review administratively. 

[Item No. 8 was noted for the record.]

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)


 

[Item No. 9 was noted for the record.]

Presenter: Cecilia Lacey, Commissioners' Office


[THIS BUSINESS MEETING ADJOURNED AT 10:50 A.M.]

(Hybrid: In-Person and Zoom Webinar)

ACTION REQUESTED: None - information only.

[THIS PUBLIC MEETING WAS CALLED TO ORDER AT 11:30 A.M. AND ADJOURNED AT 11:54 A.M.]

Staff Presenter(s):

Akane Ogren, Community Services Department

Alexandra Linder, Community Services Department

Stacy Fujieda, Community Services 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

[THIS HEARING WAS CALLED TO ORDER AT 1:00 P.M. AND ADJOURNED AT 2:19 P.M.]

Staff Presenter(s):

Summer Frederick, Community Planning & Permitting Department

Other Presenter(s):

Marc Spezialy, Owner

Katherine Willis, Agent

Curtis Stevens, Agent

County Attorneys Present:

Liana James

Erica Rogers

Public Speaker(s):

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

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin

    to conditionally approve Docket LU-22-0023/SPR-22-0104 in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as discussed and contained within the official record. 

    Carried Unanimously
No Item Selected