MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BOULDER COUNTY
AGENDA

Tuesday, November 15, 2022 at 10:30 A.m. - 11:30 A.m.

Tuesday, November 15, 2022 at 11:30 A.m. - 12:30 P.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.

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.

 

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1.

CALL TO ORDER

10:30 a.m. BUSINESS MEETING

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.

COMMISSIONERS' CONSENT ITEMS

2.a

County Attorney's Office: Resolution 2022-075 CEMEX Dowe Flats Mining and Reclamation Extension (SU-22-0003)

-- Resolution 2022-075, denying Boulder County Community Planning & Permitting Docket SU-22-0003: CEMEX Dowe Flats Mining and Reclamation Extension.

2.b

County Attorney's Office: Resolution 2022-081 Eisele Ranch (HP-22-0005)

-- Resolution 2022-081, conditionally approving Boulder County Community Planning & Permitting Docket HP-22-0005: Eisele Ranch.

2.c

County Attorney's Office: Resolution 2022-083 Drogsvold Vacation Rental (SU-22-0005)

-- Resolution 2022-083, conditionally approving Boulder County Community Planning & Permitting Docket SU-22-0005: Drogsvold Vacation Rental.

2.d

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Fresca Foods Inc (P0314194)

-- Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Fresca Foods Inc (P0314194). Refund in the amount of $28,535.92 for 2021.

2.e

Parks & Open Space Department: Contract Amendment #5 with Otak, Inc ($52,393)

-- Contract Amendment #5 with Otak, Inc (RFP # 7031-19) for Flood - Planning, Design, and Construction oversight services for the St. Vrain Creek, Reach 3, Flood Repair and Stream Restoration Phase 2 project (Additional Work and Funds $52,393).

3.

COMMISSIONERS' DISCUSSION ITEMS

3.a

Public Works Department: Amendment to an IGA with Weld County (NTE $500,000)

-- Amendment to Intergovernmental Agreement with Weld County for the East County Line Road Quicksilver to Pike Reconstruction for a total Not to Exceed amount of $500,000. 

3.b

Housing & Human Services Department: Agreement with Savio House FY23 SS-23A - Out of Home Placement Services

-- Contract Agreement and Addendum FY23 SS-23A - with Savio House 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.c

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 floodplain regulations

Staff requests Board authorization to pursue text amendments in Articles 4-400 and 4-802 of the Land Use Code related to floodplain development regulations.

3.d

Office of Financial Management: Wind Damage Funding Request for mobile homes affected by Marshall Fire ($850,000)

--This is a one-time request to fund $850,000 of already distributed wind damage gift cards from the county's General Fund.

Through staff's outreach during the Marshall Fire, staff saw a critical need for support of mobile home communities and residents that experienced significant wind damage to their homes. Staff at the Disaster Assistance Center distributed a total of $1.5M to mobile home residents where there was an assessment of wind damage completed by the City of Boulder or Community Planning & Permitting. The Community Foundation of Boulder County covered $500,000, and the county was able to apply $157,500 of TANF funds to cover some of the wind damage costs, leaving a gap of $850,000 of funds disbursed.

3.e

Human Resources Department: Expanded Paid Caregiver Leave Request

-- The county currently offers six weeks of paid caregiver leave to parents experiencing childbirth, adoption, or foster adoption placement in their home as well as to employees who are caring for family members with a serious health condition. The Human Resources Department recommends that the Board of County Commissioners expand paid caregiver leave from 6 to 12 weeks in order to provide adequate time for parents to recover and/or bond with their babies and also allow more time for employees to provide care for family members.

3.f

Commissioners' Office: Resource Conservation Advisory Board appointment

3.g

Commissioners' Office: Ratification of Commissioner Jones' 11/02/22 signature on the Hold Harmless and Indemnity Agreement

HOLD HARMLESS AND INDEMNITY AGREEMENT  

Customer: BOULDER COUNTY COLORADO

Effective Date: 10/07/2022

This Hold Harmless and Indemnity Agreement (this “Agreement”) is made and entered into by and between Customer (as identified above) and JPMorgan Chase Bank, N.A. (“JPMC”). This Agreement shall be legally binding and effective upon the Effective Date (as identified above).

4.

AUTHORIZATION FOR EXECUTIVE SESSION

Authorization for the Board of County Commissioners to go into Executive Session for Legal Advice at 11:00 a.m. on Wednesday, November 16th with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

5.

SCHEDULING AND COMMUNICATIONS (IF NEEDED)

6.

CONFIRMATION OF EXECUTIVE SESSION TOPICS 

The commissioners held an Executive Session for Legal Advice at 9:00 a.m. on Thursday, November 10th with Ben Pearlman, County Attorney:

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

2.) Termin v. Pelle et al., District Court Case No. 22-CV-30614

7.

BCHA EXECUTIVE SESSION (Commissioners sit as the BCHA Board)

Authorization for the Board of County Commissioners to go into an Executive Session for Real Estate Issues at 3:00 p.m. on Tuesday, November 29th with Norrie Boyd, Executive Director of Boulder County Housing Authority and Julia Ozenberger, Finance Division Director  to CRS 24-6-402(4)(a) Real or Personal Property.

8.

Boulder County Housing Authority Resolution 2022-07 (Commissioners sit as the BCHA)

-- Boulder County Housing Authority Resolution 2022-07: A Resolution for the Purpose of Setting the 2023 Payment Standard for Residents with Boulder County Housing Authority Housing Choice Vouchers. 

9.

11:30 a.m. PUBLIC HEARING

9.a

Parks & Open Space Department: Heil Valley Ranch - State Land Board Parcel Acquisition (s $10,840,000)

-- Boulder County proposes to acquire fee title to 586 acres lying within Boulder County’s Heil Valley Ranch open space property. These 586 acres are owned by the State of Colorado and are managed by the Colorado State Land Board. The total purchase price is $10,840,000 including an agreement not to develop the mineral rights. The property has an address of 2400 County Road 73J and is located approximately 3 miles north of the intersection of Geer Canyon Road and Lefthand Canyon Drive, within the 5,143-acre Heil Valley Ranch open space. 

Opportunity for live virtual and in-person public comments will be available, and written comments can be emailed to . Visit the Open Meeting Portal for the agenda packet at: https://boco.org/Meeting-Portal.

• Virtual Attendee Link: https://boco.org/BOCC-POS
• REGISTRATION REQUIRED
• Call-in information: 1-833-568-8864, Webinar ID: 160 322 6993
• In-Person Comment Registration: https://boco.org/InPerson-BOCC-POS

9.b

Parks & Open Space Department: Bald Mountain – State Land Board Parcel Acquisition ($2,878,000)

-- Boulder County proposes to acquire fee title to 130 acres owned by the State of Colorado, State Land Board, for $2,878,000, including an agreement not to develop the mineral rights. The property has an address of 4111 Sunshine Canyon Drive and is located approximately 3.5 miles northwest of Boulder, along Sunshine Canyon Drive.

Opportunity for live virtual and in-person public comments will be available, and written comments can be emailed to . Visit the Open Meeting Portal for the agenda packet at: https://boco.org/Meeting-Portal.

• Virtual Attendee Link: https://boco.org/BOCC-POS
• REGISTRATION REQUIRED
• Call-in information: 1-833-568-8864, Webinar ID: 160 322 6993
• In-Person Comment Registration: https://boco.org/InPerson-BOCC-POS

10.

1:00 p.m. PUBLIC HEARING

10.a

PUBLIC HEARING: Proposed Sport Shooting Closures

-- Consideration of initiating recreational sport shooting closures in Western Boulder County, including new closures in the Raymond/Riverside and Magnolia communities and an expansion of an existing closure in the Sugarloaf community that the Board previously designated in Boulder County Resolution No. 80-52, A Resolution to Limit the Discharge of Firearms in Mountain Meadows, Mountain Pines, Pride of the West, and Sugarloaf Acres Subdivisions and Surrounding Areas.

ACTION REQUESTED: Public Testimony/Decision

Opportunity for live virtual and in-person public comments will be available, and written comments can be submitted to https://boco.org/RecSportShootingComments.

• Virtual Attendee Link: https://boco.org/BOCC-Nov15-2022
• REGISTRATION REQUIRED
• Call-in information: 1-833-568-8864, Webinar ID: 161 107 3748
• In-Person Comment Sign up: https://boco.org/In-Person-BOCC-Nov15-2022