MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, December 05, 2023 at 10:30 A.m. - 11:30 A.m.

Tuesday, December 05, 2023 at 12:30 P.m. - Wednesday, December 06, 2023 at 12:30 A.m.

Third Floor Hearing Room

County Court House

1325 Pearl Street, Boulder

Members Present:

• Commissioner Claire Levy
• Commissioner Ashley Stolzmann
• Commissioner Marta Loachamin

[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 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 December 5, 2023. 

The meeting was called to order at approximately 10:30 A.M. by Chair Claire Levy.

2.

HOUSING AUTHORITY DISCUSSION ITEMS (Commissioners sit as Housing Authority Board of Directors)

[The Board of County Commissioners sat as the Boulder County Housing Authority for Items No. 2 & 3 and then reconvened as the Board of County Commissioners.]

2.a

Housing Authority: BCHA Resolution 2023-16 (Approval to submit MTW Application)

A Resolution Authorizing Boulder County Housing Authority to Submit to the U.S. Department of Housing and Urban Development its Application for the Moving to Work (MTW) Program  

Presenter(s): 

Kelly Gonzalez, Housing & Human Services Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

3.

HOUSING AUTHORITY CONSENT ITEMS (Commissioners sit as Housing Authority Board of Directors)

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to approve the Housing Authority Consent Agenda as a whole.

  Carried Unanimously

3.a

Housing Authority: The Spoke on Coffman Restated Home Agreement

This agreement is REPLACING the original agreement signed July 28, 2020 in connection with the City of Boulder's allocation of $1.55M in HOME Funds for use in The Spoke project, because HUD audited the project documentation and required changes to the agreement. The County Attorney's office worked with outside counsel, the City of Boulder and HUD to finalize this agreement. The HOME funds have already been received. 

4.

COMMISSIONERS' CONSENT ITEMS (Sitting as the Board of County Commissioners)

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to approve the Commissioners' Consent Agenda as a whole.

  Carried Unanimously

4.a

Commissioners' Office: The Spoke on Coffman Restated Home Agreement

This agreement is REPLACING the original agreement signed July 28, 2020 in connection with the City of Boulder's allocation of $1.55M in HOME Funds for use in The Spoke project, because HUD audited the project documentation and required changes to the agreement. The County Attorney's office worked with outside counsel, the City of Boulder and HUD to finalize this agreement. The HOME funds have already been received. 

4.b

Community Services Department: Contract Amendment- Colorado Department of Labor and Employment, Division of Vocational Rehabilitation - Disability Program Navigator, $0

This is a contract amendment to change to a $0 match for Workforce Boulder County moving forward through June 30, 2024. 

4.c

Community Services Department: Intergovernmental Agreement with City of Boulder ($300,000)

Boulder County is providing $300,000 to the City of Boulder for purchase and development of real property to be used for stable, transitional housing for individuals who are experiencing homelessness, or are at risk of homelessness, and in recovery from a substance-use disorder, and are receiving treatment through the County's Project Recovery Program. 

4.d

Community Services Department: Contract with Tribe Recovery Homes Inc. ($1,262,724)

Tribe Recovery Homes Inc. will provide Outpatient, Intensive Outpatient (IOP) and other appropriate evidence-based services to Boulder County clients at Arbor House. Tribe will also use funds to paydown capital expenses related to the purchase of Arbor House, and other capital expenses related to service provision at Arbor House.  Tribe services include intake and assessment, treatment plan development, individual and group therapy, clinical case management, peer support services, and other evidence-based treatment. This contract is funded through the State Grant 196, attached and referenced as Prime Contract. 

4.e

County Attorney's Office: Release of Regulatory Agreement - Village Place at Longmont

Release of the Regulatory Agreement recorded August 29, 1989 in the Boulder County Clerk and Recorder's Office at reception number 01000123.

4.f

County Attorney's Office: Resolution 2023-094: Butte Blacksmith LLC Repair Garage (SU-21-0013)

Resolution 2023-094, conditionally approving Boulder County Community Planning & Permitting Docket SU-21-0013: Butte Blacksmith LLC Repair Garage.

4.g

County Attorney's Office: Resolution 2023-097 Mackintosh Academy (SU-18-0011)

Resolution 2023-097, conditionally approving Boulder County Community Planning & Permitting Docket SU-18-0011: Mackintosh Academy.

4.h

County Attorney's Office: Resolution 2023-098: Harvest Moon Solar Energy (SU-23-0005)

Resolution 2023-098, conditionally approving Boulder County Community Planning & Permitting Docket SU-23-0005: Harvest Moon Solar Energy.

4.i

County Attorney's Office: Resolution 2023-099: Lafortune Ruppel Non-foundational Earthwork and Residence (LU-23-0026/SPR-23-0057)

Resolution 2023-099, conditionally approving Boulder County Community Planning & Permitting Docket LU-23-0026/SPR-23-0057: Lafortune Ruppel Non-foundational Earthwork and Residence.

4.j

County Attorney's Office: Resolution 2023-101: City of Boulder Sawhill Ponds Improvements (LU-23-0023)

Resolution 2023-101, conditionally approving Boulder County Community Planning & Permitting Docket LU-23-0023: City of Boulder Sawhill Ponds Improvements.

4.k

Office of the County Administrator: Contract Amendment with Anders Environmental LLC (additional $1M)

Requesting approval of contract amendment with supplier Anders environmental, LLC for disaster recovery staff augmentation. Certain work performed under this contract will be funded through FEMA and other work will be funded through ARPA (additional funding NTE $1,000,000). OFS 301885-3

4.l

Office of Financial Management: Transfer of Entity Administrator role for the County of Boulder's entry in the Federal System for Award Management database (SAM.gov)

The Office of Financial Management handles the county's registration in the SAM.gov database via the Financial Comptroller role. This item serves to officialize the transfer from the previous Entity Administrator to the current Comptroller.

Registration in good standing is required to ensure the county's eligibility to do business with the Federal Government.

4.m

Parks & Open Space Department: MOA Between BOCO, BVCD & LCD (NTE $540,000)

Memorandum of Agreement (MOA) between the County of Boulder, the Boulder Valley Soil Conservation District, and the Longmont Soil Conservation District to memorialize their commitment to collaborate and cooperate as described. The amount not to exceed $540,000.

4.n

Parks & Open Space Department: Oreo Farms-Wood Meadows NCNUPUD-2023 CE Amendments

Oreo Farms LLC owns two properties encumbered by county-held conservation easements: Oreo Farms and Wood Meadows NCNUPUD-Outlot B. Both are located in northeast Boulder County. The Wood Meadows conservation easement ties 4.5 shares of Highland Ditch water to the property, and the Oreo Farms conservation easement ties 1.5 shares of Highland Ditch water to the property for agricultural use. The landowner is requesting to amend both conservation easements to move 1.5 shares of Highland Ditch water from Wood Meadows to Oreo Farms to better support agricultural operations on Oreo Farms. This transfer would result in three shares of Highland Ditch water tied to each property.  In return, the landowner has agreed to grant the county a fifty percent (50%) undivided interest in the 4.5 shares of Highland Ditch water that will be divided between the properties. Staff supports this proposal.

4.o

Public Works Department: Request to apply for a CDPHE Environmental Justice Grant (NTE $100,925)

Request to apply for a CDPHE Environmental Justice Grant for funding of 5-7 Household Hazardous Waste Collection Events for an amount not to exceed $100,925 with no county match requirement. 

4.p

Sheriff's Office: Dept of Justice Community Oriented Policing Services (COPS) Grant: $1,080,000

The Department of Justice has awarded the Office of Disaster Management $1,080,000 that will be used to fund the Long Range Acoustical Device Siren System.  There is no match required.

4.q

Sheriff's Office: 2023-2024 AV-Tech Electronics Contract for Patrol Vehicle Upfits (additional $350,000)

The sheriff's office contracts each year with AV-Tech Electronics, who was chosen through the RFP process, to modify the BCSO patrol vehicles with the necessary safety and patrol features required for law enforcement vehicles.  

5.

COMMISSIONERS' DISCUSSION ITEMS

5.a

Housing & Human Services: 2023-24 Mental Health Partners (MHP) Bid Waiver Request ($612,500)

The Boulder County Department of Housing & Human Services is requesting a waiver of bid requirements for MHP to contract for Family Integrated Treatment Court (FITC) and Combined Therapeutic Services.

Presenter(s): 

Rory Thomes, Housing & Human Services Department

Georgina Becerril, Housing & Human Services Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

6.

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, December 6th 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.) Indemnity issues in county contracts

2.) Potential social media litigation

3.) Potential amicus brief in Texas v. United States, Case No. 23-40653 in the 5th Circuit

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

7.

SCHEDULING AND COMMUNICATIONS

[CANCELED] Public Hearing for the Parks and Open Space Monthly Real Estate

The public hearing scheduled for December 12 at 11:30 a.m. has been canceled.

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

[THIS BUSINESS MEETING ADJOURNED AT 10:40 A.M.]

8.

12:30 p.m. PUBLIC MEETING: 2024 Budget Adoption

Staff Contact: Emily Beam

Location - Hybrid: In-Person and Zoom Webinar

Office of Financial Management: Boulder County 2024 Budget Adoption; Commissioners formally adopt the 2024 budget.

ACTION REQUESTED: Adoption

Public testimony will not be taken at this meeting. The 2024 Budget proposal can be viewed at https://boco.org/Budget.

 

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 December 5, 2023. 

The meeting was called to order at approximately 12:31 p.m. by Chair Claire Levy.

9.

BOULDER COUNTY BUDGET

9.a

Office of Financial Management: Presentation of the 2024 Boulder County Budget - Resolution 2023-088

Boulder County 2024 Budget Adoption; Commissioners formally adopt the 2024 Boulder County budget.

- Appropriating Resolution

Presenter(s):

Ramona Farineau, Office of Financial Management

Jillian Dieterich, Office of Financial Management

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

9.b

Office of Financial Management: Presentation of the 2024 Boulder County Budget - Resolution 2023-089

Boulder County 2024 Budget Adoption; Commissioners formally adopt the 2024 Boulder County budget.

- Resolution Summarizing Expenses and Revenues

Presenter(s):

Ramona Farineau, Office of Financial Management

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

10.

BURGUNDY PARK PUBLIC IMPROVEMENT DISTRICT (Commissioners sit as the Burgundy Park Public Improvement District Board of Directors)

10.a

Office of Financial Management: Commissioners sit as the Burgundy Park Public Improvement District - Resolution B2023-2

Boulder County 2024 Budget Adoption; Commissioners formally adopt the 2024 Burgundy Park Public Improvement District budget.

- Appropriating Resolution

Presenter(s):

Ramona Farineau, Office of Financial Management

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

10.b

Office of Financial Management: Commissioners sit as the Burgundy Park Public Improvement District - Resolution B2023-3

Boulder County 2024 Budget Adoption; Commissioners formally adopt the 2024 Burgundy Park Public Improvement District budget.

- Resolution Summarizing Expenditures and Revenues

Presenter(s):

Ramona Farineau, Office of Financial Management

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

11.

NEDERLAND ECOPASS PUBLIC IMPROVEMENT DISTRICT (Commissioners sit as the Nederland EcoPass Local Improvement District Board of Directors)

11.a

Office of Financial Management: Commissioners sit as the Nederland EcoPass Public Improvement District - Resolution N2023-3

Boulder County 2024 Budget Adoption; Commissioners formally adopt the 2024 Nederland Eco Pass Public Improvement District budget.

- Appropriating Resolution

Presenter(s):

Ramona Farineau, Office of Financial Management

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

11.b

Office of Financial Management: Commissioners sit as the Nederland EcoPass Public Improvement District - Resolution N2023-4

Boulder County 2024 Budget Adoption; Commissioners formally adopt the 2024 Nederland EcoPass Public Improvement District budget.

- Resolution Summarizing Expenditures and Revenues

Presenter(s):

Ramona Farineau, Office of Financial Management

[THIS PUBLIC MEETING ADJOURNED AT 1:09 P.M.]

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously