MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BOULDER COUNTY
AGENDA

Tuesday, August 15, 2023 at 10:30 A.m. - 11:30 A.m.

Tuesday, August 15, 2023 at 3:00 P.m. - 4:00 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.

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1.

CALL TO ORDER

2.

CONFIRMATION OF BCHA EXECUTIVE SESSION TOPICS (The Commissioners are sitting as the BCHA Board)

The Boulder County Housing Authority Board held an Executive Session at 3:00 p.m. on June 27th with Norrie Boyd, Housing Authority Executive Director, pursuant to CRS 24-
6-402(4)(a) Real, Personal, or Other Property Interest for the following topic:

1) BCHA’s potential sale of selected properties

Addresses of Potential Future Sales:

612 Chester Street, Lafayette

612 1/2 Chester Street, Lafayette

902 Emery Street, Longmont

904 Emery Street, Longmont

1820 Lyonesse Street, Lafayette

209 Lucerne Way, Lafayette

1585 Sagrimore Circle, Lafayette

108 S. Carr Avenue, Lafayette

110 S. Carr Avenue, Lafayette

721 Rees Court, Longmont

723 Rees Court, Longmont

775 Bedivere Circle, Lafayette

1327 Emery Court, Longmont

1329 Emery Court, Longmont

1351 Emery Court, Longmont

1353 Emery Court, Longmont

1410 Emery Court A, Longmont

1410 Emery Court B, Longmont

1410 Emery Court C, Longmont

1410 Emery Court D, Longmont

146 E. St. Clair Avenue , Longmont                   

148 E. St. Clair Avenue, Longmont

208 E. St. Clair Avenue, Longmont

210 E. St. Clair Avenue, Longmont

216 E. St. Clair Avenue, Longmont

218 E. St. Clair Avenue, Longmont

821 E. Cleveland Street #1, Lafayette

821 E. Cleveland Street #2, Lafayette

821 E. Cleveland Street #3, Lafayette

821 E. Cleveland Street #4 , Lafayette

602 E. Geneseo Street, Lafayette

2330 Wedgewood Avenue, Longmont

2)  Proposal from a private developer for BCHA to participate as a limited partner in connection with an affordable housing construction project in Gunbarrel Address for Special Limited Partnership:

4775 Spine Road, Boulder, CO 80301

3.

ITEMS TO NOTE FOR THE RECORD (Sitting as the Board of County Commissioners) 

3.a

Commissioners' Office: Resignation notification from Dennis Whalen who served as member-at-large on the Housing & Human Services Advisory Committee.

4.

COMMISSIONERS' CONSENT ITEMS

4.a

Community Planning & Permitting Department: Lewis Coal Seam Fire Disaster Declaration

A press release with details about a public information session will issue immediately following the Business Meeting.

4.b

Community Services: Worthy Cause IV 2023 Studio Arts Boulder

The County has awarded the Agency with $150,000 in Worthy Cause Funds will be used in the Construction of a new center for community art education.

4.c

County Attorney's Office: Resolution 2023-064: Moore-Hobart Ag Worker Accessory Dwelling Unit (ADU) (LU-22-0006)

Resolution 2023-064, conditionally approving Boulder County Community Planning & Permitting Docket LU-22-0006: Moore-Hobart Ag Worker Accessory Dwelling Unit (ADU).

4.d

County Attorney's Office: Resolution 2023-065: Chesebro House (HP-23-0003)

Resolution 2023-065, conditionally approving Boulder County Community Planning & Permitting Docket HP-23-0003: Chesebro House.

4.e

Housing & Human Services Department: FY 2023 HHS HUD CoC RRH Grant Renewal Application ($796,922)

Application to renew the Continuum of Care Rapid Re-housing (CoC RRH) Program in the amount of $796,922. There is a 25% match allocation ($199,231); we will use our HSP HSSN dollars to meet this match requirement. The CoC RRH program fills the gap in Boulder County’s current housing continuum by offering a Housing First resource for two targeted vulnerable populations: (1) homeless families and (2) transition-aged youth. We partner with the Metro Denver Housing Initiative (MDHI) and use their coordinated entry system – OneHome – to prioritize support. The goal of this program is: (1) to stabilize housing for these populations for at least 6 months after program exit; (2) ensure enrollment in high level programs like SNAP, Medicaid, and TANF; and (3) ensure linkages to job training and education opportunity with the goal of increasing household income.

The full scope of work can be found on page 28 of the FY 2023 CoC RRH Grant Renewal Application.

4.f

Housing & Human Services Department: 2023-26 HHS Fund Agreement with YMCA ($500,000)

The purpose of this contract is to provide the YMCA of Northern Colorado funding via the American Rescue Plan Act (ARPA) to continue to provide affordable, high-quality childcare services to Boulder County Residents.

4.g

Housing & Human Services Department: 2023-24 HHS Colorado Department of Human Services Annual Core Services Plan ($1,857,623)

This is the annual request for State Approval of the Core Services Program Plan with the Colorado Department of Human Services for the period contracts years June 1, 2023, through May 31, 2024 fiscal years July 1, 2023, through June 30, 2024 (not to exceed $1,857,623).  HHS will contract out for services with the providers named in the Core Services Program Plan.

4.h

Human Resources Department: Cigna Health and Life Insurance Company (additional $989,260)

Request for approval of contract amendment with Cigna Health and Life Insurance providing for Stop Loss Insurance for Boulder County medical plans. The amount of the contract is for $989,260. This is a contract amendment that will be in effect from 1/1/2023-12/31/2023.  OFS # 301181-3.

4.i

Parks & Open Space Department: Contract Renewal for Boulder Area Trails Contract; Timmons Group, Inc (additional$10,000)

Requesting approval of a 2-year contract renewal with Timmons Group, Inc., for Boulder Area Trails Mobile Application software services ($5,000/year).

4.j

Parks and Open Space Department:  Award Recommendation for BID #7489-23 - Coalton Open Space Trail Redesign and Construction Project

The evaluation committee recommends awarding BID #7489-23, Coalton Open Space Trail Redesign and Construction Project, to Meridiam Partners, LLC, the lowest, most responsible bidder, with a contract amount of $703,590.30.

4.k

Parks & Open Space Department: Amendment #6; Otak, Inc. ($140,474)

Contract Amendment #6 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, Funds ($140,474), & Time (new end date 12/31/23).

4.l

Sheriff's Office: 2024 LE Workforce, Retention, and Tuition Grant Application

The Boulder County Sheriff's Office is applying for the 2024 Law Enforcement Workforce, Retention, and Tuition Grant through the Colorado Division of Criminal Justice.  This grant will help pay for POST Academy training costs for incoming deputies.

4.m

Public Works Department: Corrective deeds to perfect chain of title for a 30' easement acquired 6/29/2016 for transportation on project code 20024, project number ER-C070-058, parcel number PE7

Corrective deeds to perfect chain of title for a 30' easement acquired 6/29/2016 for transportation project code 20024, project number ER-C070-058, parcel number PE7.

5.

COMMISSIONERS' DISCUSSION ITEMS

5.a

County Attorney's Office: Resolution 2023-067

A Resolution of the Board of County Commissioners of Boulder County Revising the Commissioner Districts Based on the Results of the 2020 Federal Census.

5.b

Withdrawn to list under new category (See item 9.)

5.c

Commissioners' Office: Appointment to the Resource Conservation Advisory Board

5.d

Housing & Human Services: 2023-24 HHS Out of Home Placement Facility Bid Waiver

Boulder County Department of Housing and Human Services (BCDHHS) is requesting a waiver of bid requirements to contract for out-of-home placement services with 40 facilities for BCDHHS Family and Children Services clients from July 1, 2023 – June 30, 2024.  Per State of Colorado regulations, these agreements are required each state fiscal year.

5.e

Community Planning & Permitting Department: Extension Request for Docket EP-22-0001(Schreck Lot Merger)

On May 23, 2022, the Community Planning & Permitting Department (CPP) issued a Determination of Administrative Approval for docket EP-22-0001 Schreck Lot Merger, subject to the typical condition of approval requiring that post-approval requirements be met within one year of the approval. The applicant requests an extension of this 1-year deadline to allow for the recording of a new plat map for the subject parcels.

5.f

Community Planning & Permitting Department: Extension Request for SU-20-0005 (Hillside School Modification)

On August 2, 2022, the Board of County Commissioners approved docket SU-20-0005 Hillside School Modification, subject to several conditions of approval that were reflected in Resolution 2022-056. Condition 1 of the Resolution requires the recordation of a Development Agreement within one year of the date of approval. Staff and the applicant request an extension of this 1-year deadline to allow for review of the completed Development Agreement. 

5.g

Community Planning & Permitting Department: SPR-22-0074 (Rea Residence)

On July 19, 2023, the Community Planning & Permitting Department issued a Determination Letter conditionally approving SPR-22-0074 Rea Residence. Following the issuance of the Determination Letter, staff received several public comments raising issues with the approval. On August 2, 2023, Commissioner Loachamin requested that the application be called up to a Business Meeting to determine whether or not a public hearing for the proposal should be held. Staff request that the
Board of County Commissioners determine whether or not a public hearing shall be held for SPR-22-0074 Rea Residence.

5.h

Community Planning & Permitting Department: SPR-22-0075 (Van Matre Residence)

On July 19, 2023, the Community Planning & Permitting Department issued a Determination Letter conditionally approving SPR-22-0075 Van Matre Residence. Following the issuance of the Determination Letter, staff received several public comments raising issues with the approval. On August 2, 2023, Commissioner Loachamin requested that the application be called up to a Business Meeting to determine whether or not a public hearing for the proposal should be held. Staff request
that the Board of County Commissioners determine whether or not a public hearing shall be held for SPR-22-0075 Van Matre Residence.

5.i

Community Planning & Permitting Department: SPR-22-0133 (Gravante Residence)

On July 31, 2023, the Community Planning & Permitting (CPP) Department issued a Determination Letter conditionally approving SPR-22-0133 Gravante Residence. Following the issuance of the Determination Letter, staff received a public comment expressing concern with the approved size of the residence. On August 8, 2023, Commissioner Loachamin requested that the application be called up to a Business Meeting to determine whether or not a public hearing for the proposal should be held. Staff requests that the Board of County Commissioners determine whether or not a public hearing shall be held for SPR-22-0133 Gravante Residence. 

5.j

Community Planning & Permitting Department: SPR-22-0076 (Van Matre Trust Residence)

On July 19, 2023, the Community Planning & Permitting Department issued a Determination Letter conditionally approving SPR-22-0076 Van Matre Trust Residence. Following the issuance of the Determination Letter, staff received several public comments raising issues with the approval. On August 2, 2023, Commissioner Loachamin requested that the application be called up to a Business Meeting to determine whether or not a public hearing for the proposal should be held. Staff request
that the Board of County Commissioners determine whether or not a public hearing shall be held for SPR-22-0076 Van Matre Trust Residence.

5.k

Office of Financial Management: 2023 Budget Amendment Request for Public Works Road & Bridge Board-approved projects ($2,355,000)

In March 2023, Jeff Maxwell (Former PWD Director) brought forward a request to the Board in a PMI to move forward with Road & Bridge projects that were needed, but not approved in the budget cycle. Commissioners Levy and Loachamin approved moving forward with the projects (listed below), and also approved of re-allocating R&B fund balance from RST1 to RM11 later in the year, if needed. PWD has requested to move forward with this transfer.
- Road surface overlays on Hygiene Road, 2nd Ave Niwot, Reserve Dr ($930k)
- Major/Minor structure replacement on Riverside at Cave Creek and 51st at Dry Creek #2 ($980K)
- Bridge replacement on 119th over St. Vrain Creek ($445k)

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, August 16th with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

7.

SCHEDULING AND COMMUNICATIONS

7.a

[TABLED INDEFINITELY] Docket SU-22-0010: PRAIRIE ORCHARD Reception Hall and Vacation Rental

The Community Planning & Permitting Docket SU-22-0010: Prairie Orchard Reception Hall and Vacation Rental scheduled for a public hearing on Thursday, August 31, 2023 at 9:30 a.m. has been tabled indefinitely.

7.b

[CANCELLED] Docket SE-23-0001: Carlson, Conway, and Rollo Boundary Line Adjustment

The Community Planning & Permitting Department Docket SE-23-0001: Carlson, Conway, and Rollo Boundary Line Adjustment scheduled for a public hearing on Tuesday, August 22, 2023 at 1:00 p.m. has been cancelled. The application is being reviewed administratively.

8.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

8.a

August 2nd - Legal Advice

The commissioners held an Executive Session on Wednesday, August 2, 2023 to receive legal advice for the following topics: 

1.) Existing No Discharge of Firearm Districts

2.) Civil Liability Issues Related to People v. Pratt, 2023CR255 (Boulder County District Court)

3.) Worthy Cause Ballot Measure Language

4.) Boulder County’s legal relationship with Boulder County Housing Authority and Boulder County Public Health

8.b

August 9th - Legal Advice

The commissioners held an Executive Meeting on August 9th to receive legal advice related to the following topics:

1) Marshall Fire Civil Liability Issues

2) Updates Concerning Save the Colorado v. Semonite, U.S. District Court Case No. 1:18-cv-3258-MSK

3) Potential Kanemoto Estate Conservation Easement Termination (property located at 8702 N 87^th Street)

4) 2023 Ballot Measure Issues

9.

NEDERLAND ECOPASS PUBLIC IMPROVEMENT DISTRICT ADVISORY COMMITTEE (Commissioners sit as the Nederland EcoPass PID Advisory Committee)

Appointments to the Nederland EcoPass Public Improvement District Advisory Committee

10.

3:00 p.m. PUBLIC HEARING

10.a

Community Planning & Permitting Department

Kanemoto Estates Conservation Easement Termination (continued from July 6, 2023); Request to terminate a conservation easement pursuant to the terms of the conservation easement to allow the annexation of Kanemoto Estates into the City of Longmont for the construction of a mixed housing development.

ACTION REQUESTED: Decision

Opportunity for live virtual and in-person public comments will be available, and written comments can be emailed to [email protected]. Information regarding how to participate will be available on the docket webpage https://boco.org/KanemotoEstates. Advance registration is encouraged. A video of the July 6 hearing on this issue can be viewed at: https://boco.org/KanemotoHearing.

• Virtual Attendee Link: https://boco.org/BOCC-KanemotoTabled
• REGISTRATION REQUIRED
• Call-in information: 1-833-568-8864, Webinar ID: 160 064 2781
• In-Person Comment Registration: https://boco.org/InPerson-KanemotoTabled