MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, March 08, 2022 at 10:30 A.m. - 11:30 A.m.

Tuesday, March 08, 2022 at 11:30 A.m. - 12:30 P.m.

Virtual BOCC Meeting

Members Present:

• Commissioner Marta Loachamin
• Commissioner Matt Jones

Members Absent:

• Commissioner Claire Levy

Please note: The County Commissioners' Office is conducting all business remotely under current COVID-19 restrictions. We apologize for any inconvenience this may cause. Virtual Public Meeting and Hearing information can be found at https://boco.org/Meeting-Portal.

 

[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 County Commissioners may have meetings with local, state and federal officials involved with response and recovery from the Marshall Fire at various times and in various locations, often with very short notice, in addition to the meetings included on this agenda.

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

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 virtual meetings, Zoom Webinar, on March 8, 2022. 

The meeting was called to order at approximately 10:33 A.M. by Chair Marta Loachamin.

BUSINESS MEETING AGENDA

2.

ITEMS TO NOTE FOR THE RECORD

[2.a & 2.b were noted for the record by Chair Marta Loachamin.]

2.a

Commissioners' Office: Request to use the parking lot located at 1325 Pearl Street

A use of county property permit has been issued for the parking lot located at 1325 Pearl St from March 4-6 for the Boulder International Film Festival’s sustainability initiative, to house waste containers.

2.b

Commissioners' Office: Request to use the Boulder County courthouse located at 1325 Pearl Street

A use of county property permit has been issued for the Boulder County courthouse located at 1325 Pearl St on March 10 for the Tibetan Association of Colorado to host a peaceful event commemorating the 63^rd Tibetan National Uprising Day.

3.

COMMISSIONERS' CONSENT ITEMS

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin

  to approve the Commissioners' Consent Agenda as a whole.

  Carried Unanimously

3.a

Public Works Department - Road Maintenance Division:  BID #7306-22 Award, Aggregate and Stackable Stone Materials for Roadway Repair

The evaluation team recommends that BID #7306-22, Aggregate and Stackable Stone Materials for Roadway Repair, be awarded to all vendors that submitted bids:

• Martin Marietta, Nate Grueter
• Martin Marietta, Tim Caldwell
• Burnco Colorado, LLC
• Aggregate Industries WCR, Inc.
• Loudwire Diesel, LLC
• L.G. Everist, Inc.
• Albert Frei & Sons, Inc.
• Oldcastle SW Group, Inc., dba, APC Construction
• Ewing Irrigation Products, Inc.

3.b

Sheriff's Office: Justice Assistance Grant (JAG) Award from the Department of Public Safety - Division of Criminal Justice

The federal Justice Assistance Grant Program (JAG) allows agencies to support a broad range of activities to prevent and control crime based on their own local needs. The Justice Assistance Grant (JAG) Board selected grantee for an award (DCJ Grant - JAG 2022-KJ-21-03-7-3).

3.c

Parks & Open Space Department: Wallace (Debra) Acquisition-Purchase Agreement

Purchase and Sale agreement to acquire an 110-acre parcel owned by the Debra S. Wallace Living Trust. 

3.d

Parks & Open Space Department: McLachlan

Parks & Open Space Department:  Request for signature on closing documents to complete the transaction with the City of Longmont pursuant to the IGA.

4.

COMMISSIONERS' DISCUSSION ITEMS

4.a

Housing and Human Services Department:  2022 HHS Task Order Contract 2022-06 with The Boulder Shelter for the Homeless

This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract and any amendments thereto.

The Task Order is to provide countywide Housing-Focused Shelter (HFS) services to individuals who have been referred for services through the countywide Coordinated Entry (CE) system, including leveraging street outreach efforts to work with clients toward obtaining housing, in alignment with the system planning decisions determined by the Homeless Solutions of Boulder County (HSBC) governance structure.

Presenter(s): 

Rory Thomes, Housing & Human Services Department 

Heidi Grove, Housing & Human Services Department 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.b

Public Works Department: Requesting approval of a Bid Waiver for 4 Rivers Equipment

Request for waiver of bid requirements for 4 Rivers Equipment. This is to acquire a used Wirtgen WR200i Recycler/Reclaimer machine in place a new unit with approved 2022 RM11 Fleet Additions/Replacement funds for an amount not to exceed $417,572.

Presenter(s): Grant Roberts, Public Works Department 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.c

Office of Financial Management: Budget Amendment Request for Dedicated Resource Fund and Offender Management Fund ($830,198)

The Boulder County Office of Financial Management is presenting this 2021 budget supplemental request in Fund 117 (Dedicated Resources Fund) appropriation GRN1 (Grants), and Fund 124 (Offender Management Fund) appropriation OMC1 (Offender Management) in the total amount of $830,198 (GRN1 $816,698, and OMC1 $13,500.) The increase request relates to personnel costs that were incurred during the December pay period, but there currently isn’t enough budget available to cover the cost. Approval of these increases will allow for the remaining Fiscal Year (FY) 2021 personnel transactions to be processed, and assist the Office of Financial Management in closing FY2021.

Presenter(s): Aaron Pratt, Office of Financial Management 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.d

Parks & Open Space Department: City of Boulder Declaration of Covenants, Conditions and Restrictions (Lippincott Ranch)

The City of Boulder has requested that the county hold enforcement rights for the Covenants, Conditions and Restrictions (“CC&Rs”) that will encumber the City of Boulder and Jefferson County’s Lippincott Ranch property. The 424-acre property is forested lands located mostly in Jefferson County, with about 40 acres in the southwest portion of Boulder County, west of Highway 93 and north of Highway 72 (Coal Creek Canyon Drive).

Presenter(s): Tina Burghardt, Parks & Open Space Department 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.e

Office of Sustainability, Climate Action and Resilience:  Wright Water Engineers, Inc (2 year contract totaling $75,000)

Wright Water Engineers, Inc will provide Louisville, Superior, and Boulder County staff with access to consultant support and specialized expertise in mitigating post-fire storm water, watershed, and waterbody impacts. This support will be directed at protecting stream health.  

Presenter(s): Kevin Peterson, Office of Sustainability, Climate Action, & Resilience

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.f

Office of Sustainability, Climate Action and Resilience: Approval for the Local Food and Agricultural Fund in 2022 ($405,000)

The scope of projects funded by the sustainability tax will include energy efficiency and renewable energy services, zero waste, sustainable transportation, water conservation, and local food and sustainable agriculture. 

Presenter(s): Tim Broderick, Office of Sustainability, Climate Action, & Resilience

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.g

Commissioners' Office:  ARPA- Bid waiver for Insight Global, LLC to continue administrative staff

This request is for a bid waiver to continue with Insight Global LLC, for professional services of four existing positions relative to the Boulder County ARPA project administration. The continuing positions are as follows: ARPA Program Manager, ARPA Grant Accountant, ARPA Communications, and ARPA Digital Divide Project Manager. Granting of this bid waiver will allow the Commissioners’ Office to contract with Insight Global for continued services of these integral contractors.

Presenter(s): Leslie Irwin, Commissioners' Office 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.h

Purchasing Department: Responses to letters appealing RFP Award #7301-22 for Debris Removal - Marshall Fire

Responses to letters appealing the award of RFP #7301-22: Private Property Structural Debris and Hazard Tree Removal Operations - Marshall Fire. Boulder County received two protests to the RFP Award the Commissioners made on February 10.

Presenter(s): Courtney Gabriel, Office of Financial Management 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.i

Assessor's Office: Ratification of Chair Marta Loachamin's 03/03/2022 signature on the Colorado Parks and Wildlife Impact Assistance Grant Application

Colorado Parks and Wildlife Impact Assistance Grant App- 2022 Payment in Lieu of Taxes

Presenter(s): Cindy Braddock, County Assessor

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.

AUTHORIZATION FOR EXECUTIVE SESSION

Authorization for the Board of County Commissioners to go into Executive Session at 11:00 a.m. on Wednesday, March 9th 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 Docket LU-21-00017 (Dickson Family Care Unit) at 74 Vaquero Drive.

2.) A potential ordinance regulating residing on county property

3.) Global opioid settlements with drug distributors AmerisourceBergen, Cardinal Health, and McKesson and opioid manufacturer Johnson & Johnson.

4.) Demanding Integrity in Government Spending v. Boulder County (2022-CV-30101).

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin

  to go in to an Executive Session with Ben Pearlman, County Attorney at the date and time mentioned above.

  Carried Unanimously

6.

BCHA EXECUTIVE SESSION (if needed)

[There was nothing to note for the record for Item No. 6.]

7.

POS - EXECUTIVE SESSION (if needed)

[There was nothing to note for the record for Item No. 7.]

8.

SCHEDULING AND COMMUNICATIONS (if needed)

[There was nothing to note for the record for Item No. 8.]

9.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

The commissioners held an Executive Session for legal advice on Wednesday, March 2 regarding Issues related to RFP #7301-22 (concerning private property structural debris and hazard tree removal operations): 

Protests to the RFP award; debris removal contracts with DRC, Louisville, and Superior; and Demanding Integrity in Government Spending v. Boulder County (2022-CV-30101).

[Item No. 9 was noted for the record.]

Presenter: Cecilia Lacey, Commissioners' Office

[THIS BUSINESS MEETING ADJOURNED AT 11:28 A.M.]

10.

11:30 a.m. PUBLIC HEARING

10.a

Parks & Open Space Department: Camp Tahosa Conservation Easement

Proposal to acquire a conservation easement over the approximate 318-acre Camp Tahosa property for $3,000,000.

[ THIS MEETING WAS CALLED TO ORDER AT 11:34 A.M.]

Staff Presenter(s):

Sandy Duff, Parks & Open Space Department 

Janis Whisman, Parks & Open Space Department 

County Attorneys Present:

Conrad Lattes

Public Speaker(s):

Doug McKenna, 1140 Linden Avenue, Boulder

Haydee Kuner, 6469 N. 63rd Street, Longmont

 

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

10.b

Parks & Open Space Department:  Plum LLC Acquisition

Proposal to join with the City of Longmont in the acquisition of the Plum LLC property, consisting of 2.96 acres located at the northwest edge of McCall Lake. The city would acquire the fee simple interest in the property and the county would pay $215,000 to acquire a conservation easement interest in the property.

Staff Presenter(s):

Mel Stonebraker, Parks & Open Space Department

County Attorneys Present:

Conrad Lattes

Public Speaker(s):

No one spoke during the public hearing portion of Item 10.b.

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin
  Carried Unanimously

10.c

Parks & Open Space - Real Estate Division: 2021 Closings Summary

This topic will summarize the 2021 work of the Real Estate Division of Parks & Open Space.

Presenter: Janis Whisman, Parks & Open Space Department 

[THIS HEARING ADJOURNED AT 12:18 P.M.]

• Moved by Commissioner Jones
  Seconded by Commissioner Loachamin

  to table Item 10.c to the next Parks & Open Space Department real estate hearing on Tuesday, April 12 at 11:30 a.m.

  Carried Unanimously