MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

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

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.]

 

 

---

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 August 15, 2023. 

The meeting was called to order at approximately 10:32 a.m. by Chair Claire Levy.

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

[THE BOARD OF COUNTY COMMISSIONERS SAT AS THE BOULDER COUNTY HOUSING AUTHORITY BOARD TO CONSIDER ITEM NO. 2 AND THEN RECONVENED AS THE BOARD OF COUNTY COMMISSIONERS.]

Presenter(s): Cecilia Lacey, Commissioners' Office

3.

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

[Item No. 3 was noted for the record by the Clerk to the Board, Cecilia Lacey.]

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

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to approve the Commissioners' Consent Agenda Items No. 4.a and 4.c - 4.m. (Item No. 4.b moved to discussion item and voted on separately)

  Carried Unanimously

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.

[Item No. 4.b was conducted as a discussion item after Item No. 5.]

Presenter(s): 

Meca Delgado, Community Services Department

Carlene Okiyama, Community Services Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

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

  Carried (2 to 1)

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.

Presenter(s): Natalie Springett, Commissioners' Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.b

Withdrawn to list under new category (See item 9.)

5.c

Commissioners' Office: Appointment to the Resource Conservation Advisory Board

Presenter(s): Robin Valdez, Commissioners' Office

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

Joe Pitts (Center for Resource Conservation)

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

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.

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

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

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.

Presenter(s): Sam Walker, Community Planning & Permitting Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

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. 

Presenter(s): Sam Walker, Community Planning & Permitting Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

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.

Presenter(s): Sam Walker, Community Planning & Permitting Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to hold a public hearing for Docket SPR-22-0074.

  Carried Unanimously

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.

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to hold a public hearing for docket SPR-22-0075.

   

  Carried Unanimously

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. 

Presenter(s): Sam Walker, Community Planning & Permitting Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to hold a public hearing for Docket SPR-22-0133.

  Carried Unanimously

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.

Presenter(s): Sam Walker, Community Planning & Permitting Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to hold a public hearing for Docket SPR-22-0076. 

  Carried Unanimously

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)

Presenter(s): Emily Beam, Office of Financial Management

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

Presenter(s): Cecilia Lacey, Commissioners' Office

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

1.) Community Planning & Permitting Department Docket SE-22-0011 North Wasatch Farms, LLC, located at 12006 Wasatch Road

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

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.

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

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.

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

8.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

[Items No. 8.a and 8.b were noted for the record.]

Presenter: Cecilia Lacey, Commissioners' Office

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

[THE COMMISSIONERS SAT AS THE NEDERLAND ECOPASS PUBLIC IMPROVEMENT DISTRICT ADVISORY COMMITTEE TO CONSIDER ITEM NO. 9 AND THEN RECONVENED AS THE BOARD OF COUNTY COMMISSIONERS.]

Presenter(s): Robin Valdez, Commissioners' Office

The following new applicants were appointed to the Nederland Ecopass Public Improvement District Advisory Committee:

Eugene Smith (Member-at-Large)

Susan Gallaudet (Member-at-Large)

[THE COMMISSIONERS' BUSINESS MEETING ADJOURNED AT 11:22 A.M.]

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

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

[THIS HEARING WAS CALLED TO ORDER AT 3:04 P.M. AND ADJOURNED AT 6:58 P.M.]

A recess was held from 4:57 - 5:05 p.m. (video recording paused). 

Staff Presenter(s):

Hannah Hippely, Community Planning & Permitting Department

Janis Whisman, Parks & Open Space Department

Dale Case, Community Planning & Permitting Department

Other Presenter(s):

Jennifer Hewett-Apperson, City of Longmont

Jack Bestall, Bestall Collaborative and Lefthand Ranch LLC

Sean Stewart, Lyons Gaddis

County Attorneys Present:

Erica Rogers

Liana James

Public Speaker(s):

1. Jonathan Singer, Boulder Chamber
2. Annmarie Jensen, East County Housing Opportunity Coalition
3. Joe Stasiak, Longmont
4. Cheryl Stasiak, Longmont
5. Julien Motola, Longmont
6. Marcia Martin, City of Longmont City Council
7. Wendell Pickett, Longmont
8. Michelle Claire Romeo, Longmont
9. Joel Broida, Summerlin HOA 
10. Joseph Werne, Boulder County
11. Kristy Sarris, Longmont
12. Gwen Scherer, Longmont
13. Christine Hackett, Erie
14. Victor Pizzo, Longmont
15. Lynn Segal, Boulder
16. Lori Jones, Longmont
17. Eric Wallace, Prosper Longmont
18. David Emerson, Habitat for Humanity
19. Steve Lane, Longmont
20. Judy Sands, Longmont
21. Richard Binzel, Boulder County
22. Michelle Garrison, St. Vrain Valley Education Association
23. Frederick Simmons, Boulder
24. Laura Zavala, Longmont
25. Susan Crouse, Longmont
26. Karl Allen, Boulder

• Moved by Commissioner Loachamin
  Seconded by Commissioner Levy

  to conditionally approve the Kanemoto Conservation Easement Termination in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as discussed and contained within the official record. 

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

  Carried (2 to 1)