MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, October 11, 2022 at 10:30 A.m. - 11:30 A.m.

Tuesday, October 11, 2022 at 1:30 P.m. - 2:30 P.m.

Third Floor Hearing Room

County Court House

1325 Pearl Street, Boulder

Members Present:

• Commissioner Marta Loachamin
• Commissioner Claire Levy
• Commissioner Matt Jones

Please note: The County Commissioners' Office is conducting all business remotely under current COVID-19 restrictions. We apologize for any inconvenience this may cause. Virtual Public Meeting and Hearing information can be found at https://boco.org/Meeting-Portal.

 

[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 County Commissioners may have meetings with local, state and federal officials involved with response and recovery from the Marshall Fire at various times and in various locations, often with very short notice, in addition to the meetings included on this agenda.

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 virtual meetings, Zoom Webinar, on October 11, 2022. 

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

Commissioner Claire Levy was excused from Items No. 1-8 on Tuesday, October 11, 2022 and then rejoined for Item No. 9. 

2.

COMMISSIONERS' CONSENT ITEMS

Item 2.a, 2.c, and 2.e have been rescheduled to the commissioners' business meeting on Tuesday, October 18, 2022.  

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin

  to approve Items 2.b, 2.d, and 2.f - 2.j. 

  Carried

2.a

[THIS ITEM IS BEING RESCHEDULED TO OCTOBER 18] County Attorney's Office: Resolution 2022-067: Boulder County Parks & Open Space Howell Ditch Diversion (LU-22-0012)

-- Resolution 2022-067, conditionally approving Boulder County Community Planning & Permitting Docket LU-22-0012: Boulder County Parks & Open Space Howell Ditch Diversion.

2.b

County Attorney's Office: Resolution 2022-068 (LU-22-0015/SPR-22-0056: Dawson – ADU and Barn)

-- Resolution 2022-068, conditionally approving Boulder County Community Planning & Permitting Docket LU-22-0015/SPR-22-0056: Dawson – ADU and Barn.

2.c

[THIS ITEM IS BEING RESCHEDULED TO OCTOBER 18] County Attorney's Office: Resolution 2022-069 (HP-22-0004: John E. Clark Farm)

-- Resolution 2022-069, conditionally approving Boulder County Community Planning & Permitting Docket HP-22-0004: John E. Clark Farm.

2.d

County Attorney's Office: Resolution 2022-070 (LU-22-0009: McCay Accessory DwellingUnit)

-- Resolution 2022-070, conditionally approving Boulder County Community Planning & Permitting Docket LU-22-0009: McCay Accessory Dwelling Unit.

2.e

[THIS ITEM IS BEING RESCHEDULED TO OCTOBER 18] County Attorney's Office: Resolution 2022-072 (LU-22-0016: McLennan Vacation Rental)

-- Resolution 2022-072, conditionally approving Boulder County Community Planning & Permitting Docket LU-22-0016: McLennan Vacation Rental.

2.f

Housing and Human Services Department: HHS Agreement with Shiloh FY23 SS-23A - Out of Home Placement Services

-- Contract Agreement and Addendum FY23 SS-23A - with Shiloh 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.

2.g

Housing and Human Services Department: HHS Agreement with Maple Star Colorado FY23 SS-23A - Out of Home Placement Services

-- Contract Agreement and Addendum FY23 SS-23A - with Maple Star Colorado 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.

2.h

Parks & Open Space Department: Tucker CE Property

-- Requesting a signature on documents for completion of Great Outdoors Colorado grant requirement, to obtain reimbursement for a portion of the purchase price of the Tucker acquisition.

2.i

Public Works Department: IGA with BNSF Burlington Northern for the Railroad construction under Longmont to Boulder Trail ($1,225,758 for railroad and $963,375 for underpass)

-- Intergovernmental Agreement (IGA) with BNSF Burlington Northern for the Railroad construction under Longmont to Boulder Trail for $1,225,758 for the railroad and $963,375 for the underpass.

2.j

Public Works Department: IGA Amendment with Urban Drainage and Flood Control District (Mile High Flood District) for 95th Street

-- Intergovernmental Agreement (IGA) Amendment with Urban Drainage and Flood Control District (Mile High Flood District) for Design and Construction of Drainage and Flood Control Improvements for Boulder Creek at 95th Street

3.

COMMISSIONERS' DISCUSSION ITEMS

3.a

Community Planning and Permitting Department: Contract with CONSOR Engineers, LLC dba Apex Design (NTE $444,830)

-- Contract with CONSOR Engineers, LLC dba Apex Design. The US-287 Vision Zero Safety & Multimodal Mobility Study is Phase II of corridor planning following the US-287 Bus Rapid Transit Feasibility Study. This stage will focus on eliminating severe crashes along the corridor and at intersections for people using all modes of transportation. Solutions will complement recommendations from Phase I and include engineering, education, engagement and other needs to achieve Vision Zero. The contract is not to exceed $444,830. (OFS 302254) 

Presenter(s): Jeff Butts, Community Planning & Permitting Department 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried

3.b

County Attorney's Office: Legal Representation Agreement for Donald Shepard in the matter of Kyle Termin v. Joe Pelle et al.

-- Donald Shepard has been named as a defendant in the Complaint filed in Kyle Termin v. Joe Pelle, et al, 2022CV30614, on September 6, 2022.  At the time of the events at issue in the Complaint occurred, Donald Shepard 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 Donald Shepard.

Presenter(s): Trina Ruhland, County Attorney's Office

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin

  to approve Items No. 3.b - 3.d.

  Carried

3.c

County Attorney's Office: Legal Representation Agreement for Mario Moore in the matter of Kyle Termin v. Joe Pelle et al.

-- Mario Moore has been named as a defendant in the Complaint filed in Kyle Termin v. Joe Pelle, et al, 2022CV30614, on September 6, 2022.  At the time of the events at issue in the Complaint occurred, Mario Moore 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 Mario Moore.

3.d

County Attorney's Office: Legal Representation Agreement for Sheriff Joe Pelle in the matter of Kyle Termin v. Joe Pelle et al.

-- Sheriff Joe Pelle has been named as a defendant in the Complaint filed in Kyle Termin v. Joe Pelle, et al, 2022CV30614, on September 6, 2022.  At the time of the events at issue in the Complaint occurred, Sheriff Joe Pelle 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 Sheriff Joe Pelle.

3.e

Community Services Department: Request for a Bid Waiver for ARPA Equitable Access: Community-Based Grants

-- Request for a Bid Waiver for ARPA Equitable Access: Community-Based Grants - El Centro AMISTAD and TGTHR

Presenter(s): Robin Bohannan, Community Services Department

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried

3.f

Commissioners' Office: County Position on Ballot Measures

-- The Policy Team is proposing that the Board of County Commissioners consider taking positions on seven statewide and eight local ballot measures that county voters will be considering during the 2022 election cycle. The ballot measures listed below speak to public policy goals and priorities identified as important to the residents of Boulder County by the Board of County Commissioners.

Presenter(s): Mark Ruzzin, Commissioners' Office 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried

4.

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, October 12th with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice

Presenter(s): Ben Pearlman, County Attorney

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

1.) Rocky Mountain Gun Owners v. Board of County Commissioners of Boulder County, U.S. District Court Case No. 22-cv-2113

2.) State of Texas v. United States (5th Circuit Appeal No. 21-40680)

3.) Save the Colorado et al. v. Spellmon et al. and City and County of Denver (10^th Circuit Appeal No. 21-1155)

4.) Courthouse lawn public forum rules 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried

5.

PARKS & OPEN SPACE EXECUTIVE SESSION (IF NEEDED)

[There was nothing to note for the record for Item No. 5.]

6.

SCHEDULING AND COMMUNICATIONS

NOTE FOR THE RECORD:

The Public Hearing for monthly Parks & Open Space Department real estate matters scheduled for Tuesday, October 11 at 11:30 a.m. has been cancelled.

[Item No. 6 was noted for the record.]

7.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

-- An Executive Session was not held on October 5th.

[Item No. 7 was noted for the record.]

8.

HOUSING AUTHORITY DISCUSSION ITEMS [COMMISSIONERS SIT AS THE BCHA BOARD]

[The Board of County Commissioners sat as the Boulder County Housing Authority for Items No. 8 & 9.]

8.a

Boulder County Housing Authority (BCHA) 2023 Annual Plan

BCHA Resolution 2022 - 06

A RESOLUTION FOR THE PURPOSE OF APPROVING THE ANNUAL PLAN, COVERING 2023, MANDATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE BOULDER COUNTY HOUSING AUTHORITY

BCHA 2023 Annual Plan

HUD form 50077-ST-HCV-HP: 

PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed

HUD form 50077-CR: Civil Rights Certification

Presenter(s): 

Kelly Gonzalez, Boulder County Housing Authority

Norrie Boyd, Boulder County Housing Authority 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin

  to improve Item No. 8.a in its entirety. 

  Carried

9.

BCHA EXECUTIVE SESSION 

Authorization for the Board of County Commissioners to go into an Executive Session for Real Estate Issues at 3:00 p.m. on October 18th with the Director of BCHHS, Susan Caskey, and the Director of BCHA, Norrie Boyd, pursuant to CRS 24-6-402(4)(a) Real or Personal Property.

Topic: Potential Real Estate Purchase by Boulder County Housing Authority

Commissioner Levy joined the business meeting at Item No. 9 and was present for the remaining agenda items.

Presenter(s): Cecilia Lacey, Commissioners' Office

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

1.) Potential Real Estate Purchase by Boulder County Housing Authority

[THIS BUSINESS MEETING ADJOURNED AT 10:54 A.M.]

• Moved by Commissioner Jones
  Seconded by Commissioner Levy
  Carried Unanimously

10.

1:30 p.m. PUBLIC MEETING

10.a

Commissioners’ Office: Scientific & Cultural Facilities District (SCFD) Boulder County Funding Update

Commissioners’ Office: Scientific & Cultural Facilities District (SCFD) Boulder County Funding Update; Executive Director, Deborah Jordy, Program Officer, Kendal Zimmermann, and Boulder County appointee to the SCFD Board, Deborah Malden, will present an overview of SCFD and recent funding in Boulder County. 

ACTION REQUESTED: None – information only.

Presenter(s):

Deborah Malden, SCFD

Deborah Jordy, SCFD

Kendall Zimmerman, SCFD

[THIS MEETING STARTED AT 1:30 P.M. AND ADJOURNED AT 2:18 P.M.]

11.

3:00 p.m. PUBLIC MEETING

11.a

Office of Financial Management: Presentation of the 2023 Recommended Budget

The Office of Financial Management will submit the 2023 Recommended Budget for the commissioners and Boulder County residents for consideration and review.

ACTION REQUESTED: None – information only.

[THIS MEETING WAS CALLED TO ORDER AT 3:04 P.M. AND ADJOURNED AT 4:02 P.M.]

Staff Presenter(s):

Aaron Pratt, Office of Financial Management 

Alex Hyde-Wright, Community Planning & Permitting Department 

Ramona Farineau, Office of Financial Management

The Board of County Commissioners sat as the Burgundy Park Public Improvement District, then reconvened as the Nederland EcoPass Public Improvement District, and then reconvened as the Board of County Commissioners.