MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BOULDER COUNTY
AGENDA

Tuesday, February 14, 2023 at 10:30 A.m. - 11:30 A.m.

Tuesday, February 14, 2023 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.

---

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.

ITEMS TO NOTE FOR THE RECORD

2.a

Commissioners' Office: Intellectual or Development Disability Advisory Council resignation request from Jennifer Geiger who served as a member-at-large.

2.b

Commissioners' Office: Adult Protection Review Team resignation request from Douglas Meredith who served as a community representative.

3.

COMMISSIONERS' CONSENT ITEMS

3.a

Community Planning & Permitting Department: Resolution 2022-097 - Secured Transportation Services

-- Resolution 2022-097, of the Board of County Commissioners of Boulder County establishing the Boulder County Secured Transportation Services Regulations pursuant to C.R.S. § 25-3.5-309 & 310.

3.b

County Attorney's Office: Resolution 2023-008 - Mountain States Children’s Home Expansion (SU-21-0017)

-- Resolution 2023-008, conditionally approving Boulder County Community Planning & Permitting Docket SU-21-0017:  Mountain States Children’s Home Expansion.

3.c

County Attorney's Office: Resolution 2023-010, Fauber Residence and Driveway Earthwork (LU-22-0021/SPR-22-0091)

-- Resolution 2023-010, conditionally approving Boulder County Community Planning & Permitting Docket LU-22-0021/SPR-22-0091:  Fauber Residence and Driveway Earthwork.

3.d

County Attorney's Office: Resolution 2023-011, Gebhardt Boundary Line Adjustment (SE-21-0008)

-- Resolution 2023-011, conditionally approving Boulder County Community Planning & Permitting Docket SE-21-0008:  Gebhardt Boundary Line Adjustment.

3.e

County Attorney's Office: Resolution 2023-012, Butler Lot Recognition (SE-22-0003)

-- Resolution 2023-012, conditionally approving Boulder County Community Planning & Permitting Docket SE-22-0003:  Butler Lot Recognition.

3.f

County Attorney's Office: Resolution2023-014 for Alps Inn Special Use Modification (SU-22-0008)

-- Resolution 2023-014, conditionally approving Boulder County Community Planning & Permitting Docket SU-22-0008:  Alps Inn Special Use Modification.

3.g

County Attorney's Office: Resolution 2023-015 Koch Building Lot Recognition (SE-22-0009)

-- Resolution 2023-015, conditionally approving Boulder County Community Planning & Permitting Docket SE-22-0009:  Koch Building Lot Recognition.

3.h

Office of Sustainability, Climate Action & Resilience: IGA with the City of Boulder

3.i

Public Works & Community Planning and Permitting Departments: Award Recommendation for SOQ #7398-22 - Consultant Continuing Services

The evaluation committee recommends awarding SOQ #7398-22, Consultant Continuing Services for Boulder County Public Works & Community Planning and Permitting, to the firms indicated by an X below for the disciplines outlined. 

No.	Consultant Proposed	Discipline	PW	CP&P
1	ACL, Inc.	01 Civil Engineering (Trans or Struct)	X	X
2	Alfred Benesch & Company	01 Civil Engineering (Trans or Struct)	X	X
3	Atkins	01 Civil Engineering (Trans or Struct)	X	X
4	Consor Engineers, LLC	01 Civil Engineering (Trans or Struct)	X	X
5	CP&Y, Inc.	01 Civil Engineering (Trans or Struct)	X	X
6	Felsburg Holt & Ullevig	01 Civil Engineering (Trans or Struct)	X	X
7	J‑U‑B ENGINEERS, Inc.	01 Civil Engineering (Trans or Struct)	X	X
8	JVA, Inc.	01 Civil Engineering (Trans or Struct)	X	X
9	KDG Engineering LLC	01 Civil Engineering (Trans or Struct)	X	X
10	Kimley-Horn and Associates, Inc.	01 Civil Engineering (Trans or Struct)	X	X
11	Muller Engineering Company	01 Civil Engineering (Trans or Struct)	X	X
12	Otak, Inc.	01 Civil Engineering (Trans or Struct)	X	X
13	Short Elliot Hendrickson Inc. (SEH)	01 Civil Engineering (Trans or Struct)	X	X
14	Toole Design Group, LLC	01 Civil Engineering (Trans or Struct)	X	X
15	Ulteig Engineers, Inc.	01 Civil Engineering (Trans or Struct)	X	X
16	Consor Engineers, LLC	02 Traffic Engineering		X
17	Felsburg Holt & Ullevig	02 Traffic Engineering	X	X
18	Fox Tuttle Transportation Group	02 Traffic Engineering	X	X
19	Mead & Hunt, Inc.	02 Traffic Engineering	X	X
20	Toole Design Group, LLC	02 Traffic Engineering	X	X
21	Y2K Engineering, LLC	02 Traffic Engineering	X	X
22	David Evans and Associates, Inc.	03 Transportation Planning		X
23	Felsburg Holt & Ullevig	03 Transportation Planning	X	X
24	Fox Tuttle Transportation Group	03 Transportation Planning	X	X
25	Otak, Inc.	03 Transportation Planning		X
26	Toole Design Group, LLC	03 Transportation Planning	X	X
27	Y2K Engineering, LLC	03 Transportation Planning	X	X
28	Alfred Benesch & Company	04 Construction Management and Inspection	X	X
29	Felsburg Holt & Ullevig	04 Construction Management and Inspection	X	X
30	Geocal, Inc	04 Construction Management and Inspection	X	X
31	J‑U‑B ENGINEERS, Inc.	04 Construction Management and Inspection	X	X
32	Mountain High Consulting Group, LLC	04 Construction Management and Inspection	X	X
33	Otak, Inc.	04 Construction Management and Inspection	X	X
34	Vivid Engineering Group, Inc.	04 Construction Management and Inspection	X	X
35	Geocal, Inc	05 Geotechnical Engineering	X
36	Ground Engineering Consultants, Inc.	05 Geotechnical Engineering	X
37	Kumar & Associates, Inc.	05 Geotechnical Engineering	X
38	Terracon Consultants, Inc.	05 Geotechnical Engineering	X
39	Yeh and Associates, Inc.	05 Geotechnical Engineering	X
40	Shannon & Wilson	06 Geological and/or Soils Engineering	X
41	Terracon Consultants, Inc.	06 Geological and/or Soils Engineering	X
42	Vivid Engineering Group, Inc.	06 Geological and/or Soils Engineering	X
43	Yeh and Associates, Inc.	06 Geological and/or Soils Engineering	X
44	CobbFendley	07 Utility Engineering and Coordination	X
45	Drexel, Barrell & Co.	07 Utility Engineering and Coordination	X
46	Goodbee & Associates, Inc.	07 Utility Engineering and Coordination	X
47	Short Elliot Hendrickson Inc. (SEH)	07 Utility Engineering and Coordination	X
48	AloTerra Restoration Services	08 Environmental Services	X	X
49	Anders Environmental	08 Environmental Services	X	X
50	Auckland Environmental Consulting	08 Environmental Services	X	X
51	ERO Resources Corporation	08 Environmental Services	X	X
52	Pinyon Environmental, Inc	08 Environmental Services	X	X
53	SMITH Environmental and Engineering	08 Environmental Services	X	X
54	CivilArts, Inc.	09 Surveying Services	X	X
55	CobbFendley	09 Surveying Services	X	X
56	Drexel, Barrell & Co.	09 Surveying Services	X	X
57	Flatirons Inc.	09 Surveying Services	X	X
58	Atkins	10 Right-of-Way Acquisition	X	X
59	Universal Field Services, Inc.	10 Right-of-Way Acquisition	X	X
60	Western States Land Services, LLC	10 Right-of-Way Acquisition	X	X
61	David Evans and Associates, Inc.	13 Communications	X	X
62	Felsburg Holt & Ullevig	13 Communications	X	X
63	J‑U‑B ENGINEERS, Inc.	13 Communications	X	X

3.j

Public Works Department: New Contract with Timber Wolf Excavating ($2,256,994.88)

-- New Contract with Timber Wolf Excavating for the North 71st Street Shoulders at State Highway 52 for an amount of $2,256,994.88.

3.k

Public Works Department: Delegations of Authority for Signatures on Leases of Boulder County Office Space and Facilities

-- Requesting Approval for delegation of authority for the Director of Public Works, and those staff members to whom the Director chooses to delegate that authority, to sign as Boulder County’s agent on lease agreements which are on standard lease forms, comply with Boulder County insurance requirements as established by the Boulder County Risk Manager, have been reviewed by the Boulder County Attorney’s Office, and have annual lease revenues of less than $300,000.

3.l

Community Planning & Permitting Department: Contract Amendment with Flatirons Transportation, LLC, dba, Green Ride Boulder ($16,000)

-- The contract amendment is for $16,000 in additional funding to operate the Hessie Shuttle bus service and to provide associated support staff. OFS#302011-2

3.m

Community Planning & Permitting and Transportation Department: SOQ #7379-22 Award Recommendation

-- The Evaluation Committee recommends awarding SOQ # 7379-22, North Foothills Feasibility Study, to Otak, Inc. Of the three proposals received, Otak Inc. received the highest score in all the evaluation criteria categories.

3.n

Community Services Department: Request for approval to submit grant application to the State of Colorado DOLA ($2,141,510)

-- The Community Services Department is requesting approval to submit a grant proposal to the state Division of Housing in response to its Transformational Homeless Response Grant Program (HB22-1307 & HB22-1304 - NOFA 1122358).

The grant application is for $2,141,510 and includes county staff support, a Forensic Assertive Community Treatment Team, Street Outreach and Engagement, and Bridge Housing Funding. All dollars need to be expended by grantees by December 30, 2026.

3.o

Human Resources Department: Contract Amendment with Delta Dental of Colorado for Dental benefits administration (NTE $1,682,945)

-- Request for approval of a Contract Amendment with supplier Delta Dental of Colorado for dental benefits administration for an amount not to exceed $1,682,945. The term is from 1/1/2023 to 12/31/2023.  OFS #301149-2

4.

COMMISSIONERS' DISCUSSION ITEMS

4.a

Human Resources Department: Wildfire Mitigation Staff Augmentation Budget Request

-- Dale Case, Community Planning and Permitting Director (CPP), and Therese Glowacki, Parks and Open Space Director, are requesting 12 new FTE and two reclassifications of current employees based on the 1A ballot measure to help with countywide wildfire mitigation efforts. The new positions include two Wildfire Mitigation Specialist Supervisors, a Special Projects Coordinator, an Education and Outreach Specialist, Program Specialist, Chipping Coordinator, Grant Administrator, Community Forestry Sort Technician, Forestry Planner, Database/Salesforce Administrator, Contracts Specialist and an Accountant. The two reclassified employees will fill a Wildfire Mitigation and Special Projects Coordinator roles. Human Resources has worked with CP&P to determine the county classifications. Ramona Farineau, Chief Financial Officer, has verified the 1A funding.  Board of Commissioners’ approval is needed for this request. 

4.b

Human Resources Department: Request to add (10) permanent FTE positions to HHS, Community Support Division

-- Susan Caskey, Housing and Human Services (HHS) Director, is requesting Ten permanent HHS Eligibility Technician B's.  In January 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency (PHE) in response to the outbreak of COVID-19. Congress subsequently passed legislation that ensured anyone enrolled in Health First Colorado (Colorado’s Medicaid program and CHP+) was guaranteed, or locked in, to keep their health coverage during the PHE.  The PHE is no longer tied to continuous coverage and cases will need to be redetermined for eligibility. It will take 12 months (14 months including noticing) to complete the renewal process for all locked in cases. Human Resources has approved the classifications. Will Kugel, HHS Finance and Operations Deputy Director, has verified the funding. Board of Commissioners’ approval is needed for this request.

4.c

Office of Financial Management: Budget Amendment for Community Services re: National Opioid Settlement revenue ($1,815,000)

-- The National Opioid Settlement is a program funded from legal settlements with drug manufacturers and distributors to respond to and mitigate the opioid crisis.  Current projections for this program for the county are $17M in funding, being paid over the next 18 years. This amount may increase as settlements are resolved.

For 2023, the county is receiving $1.815M in unanticipated revenue to support this amendment request.

4.d

Office of Financial Management: Budget Amendment to correct appropriation for IT Software-as-a-Service and Maintenance budget ($1,554,336)

-- During the FY23 budget process, the BOCC approved an ongoing ITD budget request for SaaS and Maintenance in the amount of $1,554,336. This request was a prior approved request and was included within the recommended budget. Unfortunately, it was input in the CAP1 (Capital Outlay) appropriation in the OpenGov system, instead of IT11 (Information Technology). Information Technology is submitting a budget amendment request to move this budgeted amount from the CAP1 appropriation, and into IT11. Fund 101 will remain the same.

4.e

Office of Financial Management: 36-month contract renewal with LeaseQuery LLC ($47,304)

-- Requesting the Board's approval to renew our existing contract for lease management software with LeaseQuery LLC. The preferred renewal option is for a period of 36 months and lets the County benefit from lower rates over the entire period compared to the single-year renewal option.

The lease management system is provided to us under the Software-as-a-Service model; therefore, the IT Department will be covering the renewal costs for the period of January 2023 to January 2026, totaling $47,304.

4.f

Sheriff's Office: 2022 Drug Task Force Equitable Sharing Certification

-- The U.S. Department of Justice and the U.S. Department of Treasury requires the Drug Task Force to annually recertify and remain compliant to be a participant in the Equitable Sharing Program and requires the signature of both the Boulder County Sheriff and the Boulder County governing body.

4.g

County Attorney's Office: Authorization to Initiate Litigation: Boulder County v. Extraction et al.

-- The County Attorney’s Office requests authorization to file a complaint against Extraction Oil & Gas, Inc. and other necessary parties, alleging that several oil and gas leases covering county-owned lands and mineral rights have expired.

4.h

Commissioners' Office: Board Appointments to the Benefits Advisory Board

4.i

Commissioners' Office: Board Appointments to the Eldorado Springs Local Improvement District Advisory Committee.

4.j

Commissioners' Office: Board Appointments to the Niwot Local Improvement District Advisory Committee

4.k

Commissioners' Office: Board Appointments to the Resource Conservation Advisory Board

4.l

Commissioners' Office:  Board Appointments to the Niwot Design Review Committee

4.m

Commissioners' Office: Board Appointments to the Aging Advisory Council

4.n

Commissioners' Office: Board Appointments to the Cultural Council

4.o

Commissioners' Office: Board Appointments to the Fire Code Review Committee

4.p

Commissioners' Office: Board Appointments to the Workforce Development Board

4.q

Commissioners' Office: Board Appointments to the Adult Protection Review Team

4.r

Commissioners' Office: Board Appointments to the Board of Review

4.s

Community Services Department, Strategic Initiatives Division: Ratification of Chair Levy's 01/31/23 signature

-- The January 31st signature ratification is for a grant extension for the Colorado Department of Health and Environment (CDPHE), Office of Health Equity, SB181 Application Extension (RFA# 35913) in the amount of $149,225 for the time period July 1, 2023 – June 30, 2024.

4.t

Parks & Open Space Department: Ratification of Chair Levy's 1/31/23 Signature on Revised (HMGP) Application Form 112-0-3C

-- The Board of County Commissions approved an estimated $2.55 million Hazard Mitigation Grant Program (HMGP) application to fund dam reconstruction at Prince Lake No.1 at its August 30, 2022, business meeting. Included was FEMA Form 112-0-3C Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. FEMA subsequently revised this form to include a signature line. The Colorado Department of Homeland Security Emergency Management was submitting the final application and required a signature immediately. Chair Levy signed January 31, 2023.

4.u

Public Works Department: Ratification of Chair Levy's 2/9/23 signature for BID #7402-22 for BC-80-0.8NSV Longmont Dam Road at North Saint Vrain ($398,317)

-- Ratification of Chair Levy's signature on Bid Award #7402-22, BC-80-0.8NSV Longmont Dam Road at North Saint Vrain. The evaluation committee recommends awarding BID #7402-22, BC-80-0.8NSV Longmont Dam Road at North Saint Vrain, to Coal Creek Excavation. Inc., the lowest, most responsible bidder ($398,317).

4.v

County Attorney Attorney’s Office: Ratification of Boulder County Joining Comments to EPA Regarding EPA’s proposed Standards for Performance

-- Boulder County was asked to sign on to comments to US EPA supporting the agency’s supplemental proposal to reduce GHGs and other pollutants from the Crude Oil and Natural Gas Source Category.  These comments supplement comments Boulder County joined that were submitted in 2021 in support of this rule and encourage EPA to take further action. The comments were due February 12, so the Board's signatures were required before this item was discussed at a Business Meeting.

4.w

Housing & Human Services Department: 2023 CDOH DOLA Transformational Homelessness Response Grant Application ($2,638,275)

-- The Department of Housing and Human Services Housing Division is requesting approval to submit a grant proposal to the State of Colorado Department of Local Affairs (DOLA), Colorado Division of Housing (CDOH) in response to its Transformational Homelessness Response Grant Program.  The application request is for:

• Family Homelessness Bridge Housing Program Request: $1,577,895/3 years or $525,965/year to serve a projected 228 households per year.
• Housing Helpline Request: $1,060,380/3 years or $353,460/year for four-person team.

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 Thursday, February 16th 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 (IF NEEDED)

9.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

9.a

BOULDER COUNTY HOUSING AUTHORITY

The commissioners held Executive Sessions on Thursday, February 2^nd with Norrie Boyd, Director of the Boulder County Housing Authority for discussion of the following topics:

1.) Willoughby Corner property in Lafayette

2.) Status of Eagle Place property in Lafayette

3.) Real estate land-banking opportunity in Longmont for 9165 Nelson Road in Longmont - which is now officially of the table.

9.b

COUNTY ATTORNEY - LEGAL ADVICE

The commissioners held an Executive Session at 11:00 a.m. on Wednesday, February 1st with Ben Pearlman, County Attorney for discussion of the following topics:

1.) Legal issues related to County ownership of oil and gas mineral rights

2.) Potential litigation related to impacts of social media

9.c

PARKS & OPEN SPACE

The commissioners held an Executive Session on Wednesday, February 1st with Therese Glowacki, Parks & Open Space Director, for discussion of properties east and south of Longmont and in the mountains near Allenspark.

10.

11:30 a.m. PUBLIC HEARING

10.a

Parks & Open Space Department: 2022 Real Estate Division Accomplishments

(Staff Presenter: Janis Whisman) (Hybrid: In-Person and Zoom Webinar)

-- Parks & Open Space Department: 2022 Real Estate Division Accomplishments; Summary of Parks & Open Space’s 2022 open space acquisitions and other real estate activity involving open space properties.

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

11.

1:00 p.m. PUBLIC HEARING

11.a

Community Planning & Permitting Department: Docket LU-22-0025/SPR-22-0111: Riviere-Barbenza Driveway & Residence

-- Limited Impact Special Use Review to allow for 3,005 cubic yards of grading for driveway and site improvements, and Site Plan Review for the construction of a 4,559-square-foot residence on a vacant parcel where the Presumptive Size Maximum is 3,878 square feet. The proposal is submitted by Lucas Pichon Riviere and Maria Barbenza (applicants/owners) and is in the Forestry (F) zoning district at 672 Wagonwheel Gap Road, located approximately 1.48 miles west of the intersection of Wagonwheel Gap Road and Lee Hill Drive on Section 11, Township 1N, Range 71W.  ACTION REQUESTED: 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-22-0025-SPR-22-0111.

• Virtual Attendee Link: https://boco.org/BOCC-LU-22-0025
• REGISTRATION REQUIRED
• Call-in information: 1-833-568-8864, Webinar ID: 160 147 3111
• In-Person Comment Registration: https://boco.org/InPerson-LU-22-0025