MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

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

Members Present:

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

[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

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 November 15, 2022. 

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

2.

COMMISSIONERS' CONSENT ITEMS

• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve the Commissioners' Consent Agenda as a whole.

  Carried Unanimously

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. 

Presenter(s): Kristine Obendorf, Public Works Department 

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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.

Presenter(s): Heather Lucien, Housing & Human Services Department

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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.

Presenter(s): Kelly Watson, Community Planning & Permitting Department 

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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.

Presenter(s): 

Aaron Pratt, Office of Financial Management 

Susan Caskey, Housing & Human Services Department 

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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.

Presenter(s): Julia Larsen, Human Resources Department

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

3.f

Commissioners' Office: Resource Conservation Advisory Board appointment

Presenter(s): Robin Valdez, Commissioners' Office 

The following new applicant was appointed to the Resource Conservation Advisory Board:

Cody Lillstrom (Recycling Center)

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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).

Presenter(s): 

Aaron Pratt, Office of Financial Management

April Gatesman, County Attorney's Office 

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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.

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

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

1.) Boulder Public Library District Trustee appointment process

2.) Presentations and comments by the public at hearings

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.

SCHEDULING AND COMMUNICATIONS (IF NEEDED)

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

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

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

Presenter: Cecilia Lacey, Commissioners' Office

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.

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

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

1.) Eagle Place Purchase Option 

2.) Casa de la Esperanza  

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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. 

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

[THE COMMISSIONERS' BUSINESS MEETING ADJOURNED AT 11:31 A.M.]

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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. 

Staff Presenter(s):

Sandy Duff, Parks & Open Space Department 

County Attorneys Present:

Conrad Lattes

Public Speaker(s): 

No one gave comment during the public hearing portion of Item 9.a.

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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.

Staff Presenter(s):

Sandy Duff, Parks & Open Space Department

Janis Whisman, Parks & Open Space Department 

County Attorneys Present:

Conrad Lattes

Public Speaker(s):

No one gave comment during the public hearing portion of Item 9.b.

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

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

[THIS HEARING WAS CALLED TO ORDER AT 1:01 P.M. AND ADJOURNED AT 6:02 P.M.]

Staff Presenter(s):

Clay Fong, Commissioners' Office

Ethan Abner, Community Planning & Permitting Department 

Randy Wilber, Sheriff's Office 

Other Presenter(s):

Jason Deutsch, Colorado Parks & Wildlife

Kevin McLaughlin, United States Forest Service

Jonathan Markovich, United States Forest Service 

Bob Westby, Sugarloaf Neighborhood Representative

Bill Ellis, Raymond Neighborhood Representative

Howard Kaushanksy, Magnolia Neighborhood Representative

Teagen Blakey, Magnolia Neighborhood Representative

County Attorneys Present:

Melanie Lewis

Public Speaker(s):

1. Jason Evans, Boulder
2. Leah Burke, Raymond
3. Bob Snell, Raymond
4. Joseph Schwartz, Raymond
5. Josh Burke, Raymond
6. Nico Novelli, Boulder County
7. Anita Moss, Boulder
8. Mike Echery, Louisville
9. David Durstine, Denver
10. John Allington, Lyons
11. Dave Gustafson, Nederland
12. Naomi Johnson, Raymond
13. Sara Buhrman, Raymond
14. Karuna Schwartz, Raymond
15. Steve Hilde, Loveland
16. Joanne Cole, Gold Hill
17. Tyler Ting, Lafayette
18. Carli Zug, Nederland
19. Alexander Schuler, Boulder
20. Mark Glenn, Boulder
21. Adam Ross, Boulder
22. Elizabeth Rose, Denver
23. Charlotte Chase, Boulder
24. Dan Brown, Riverside Drive
25. Julie Gustafson, Nederland 
26. Yvonne Short, Nederland
27. Doug McKenna, Boulder
28. John Records, Sugarloaf
29. Cassidy Sainsbury, Sugarloaf
30. Steven Bein, Boulder 
31. Sally Schey-Gipe, Lyons 
32. Kyle Rose, Sugarloaf 

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin

  to go in to an Executive Session with Ben Pearlman and Melanie Lewis, County Attorneys, pursuant CRS 24-6-402(4)(b) to discuss legal matters related to Public Hearing: Proposed Shooting Closures on November 15, 2022 at approximately 5:10 p.m.

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to conditionally approve a resolution and expand the no-firearm discharge area shooting closure in the Sugarloaf area, in accordance with staff recommendations, as detailed in the official video record.

  For (3)

  Commissioner Jones, Commissioner Loachamin, and Commissioner Levy

  Carried Unanimously (3 to 0)
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to conditionally approve a resolution and no-firearm discharge area shooting closure, making exceptions for lawful and licensed hunting, in the Raymond Riverside area, in accordance with staff recommendations, as detailed in the official video record.

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

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

  to conditionally approve a resolution and no-firearm discharge area shooting closure, making exceptions for lawful and licensed hunting, in the Magnolia area, in accordance with staff recommendations, as detailed in the official video record.

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

  Carried (2 to 1)