MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Thursday, July 06, 2023 at 10:30 A.m. - 11:30 A.m.

Thursday, July 06, 2023 at 11:30 A.m. - 12:30 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.]

 

 

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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 July 6, 2023. 

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

2.

10:30 a.m. GENERAL PUBLIC COMMENT SESSION

(Staff Contact: Brianna Barber) (Hybrid: In-Person and Zoom Webinar)

Commissioners’ Office: This meeting will be for the purpose of taking general public comment for any matter not being discussed in another current public hearing process. Each speaker (up to 10 people) will be able to give public comment to the commissioners for 3 minutes each. No pooled speaking is permitted for this meeting. Participants will not be able to screen-share but can bring printed materials in person. Public comments and applicable attachments can always be emailed to the commissioners at .
ACTION REQUESTED: Public testimony – no action taken.

[THIS PUBLIC COMMENT SESSION WAS CALLED TO ORDER AT 10:30 A.M. AND ADJOURNED AT 10:41 A.M.]

Public Speaker(s):

Anyll Markevich, Nederland

Christel Markevich, Boulder County

3.

11:30 a.m. BUSINESS MEETING

[THIS BUSINESS MEETING WAS CALLED TO ORDER AT 11:30 A.M.]

4.

BCHA EXECUTIVE SESSION (Sitting as the Boulder County Housing Authority Board)

Authorization for the Boulder County Housing Authority Board to go into an Executive Session at 11:30 a.m. on Friday, July 7th 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:

A proposal from a private developer for BCHA to participate as a limited partner in connection with an affordable housing construction project in Gunbarrel.

[THE BOARD OF COUNTY COMMISSIONERS SAT AS THE BOULDER COUNTY HOUSING AUTHORITY BOARD TO CONSIDER ITEM NO. 4 AND THEN RECONVENED AS THE BOARD OF COUNTY COMMISSIONERS.]

Presenter(s): Cecilia Lacey, Commissioners' Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.

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

[Item No. 5.a was noted for the record by Chair Claire Levy.]

5.a

Commissioners' Office: Resignation notification from Becky Virkus who served as a Vocational Rehabilitation representative on the Workforce Advisory Board.

6.

COMMISSIONERS' CONSENT ITEMS

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to approve the Commissioners' Consent Agenda as a whole.

  Carried Unanimously

6.a

County Attorney's Office: Renewal of the Risk Property Insurance ($960,428)

Request for approval of 2023-2024 Property insurance renewal effective 7/1/23 in the amount of $960,428.

6.b

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Western Digital Technologies, Inc. (P0401236)

Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Western Digital Technologies, Inc.(P0401236). Refund in the amount of $61,708.50 for 2022.

6.c

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Yarmouth Holdings LLC (R0033330)

Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Yarmouth Holdings LLC (R0033330). Refund in the amount of $16,239.39 for 2021 and $17,526.74 for 2022.

6.d

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Yarmouth Holdings LLC (R0033478)

Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Yarmouth Holdings LLC (R0033478). Refund in the amount of $11,406.39 for 2021 and $12,310.62 for 2022.

6.e

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Colorado Chautauqua Association (R0085555)

Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Colorado Chautauqua Association (R0085555). Refund in the amount of $12,896.95 for 2022.

6.f

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Folly Farm LLC (R0602357)

Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Folly Farm LLC (R0602357). Refund in the amount of $14,639.91 for 2022.

6.g

Public Works Department: New Contract with Legacy Mechanical, Inc. ($358,250)

New Contract with Legacy Mechanical, Inc. for HVAC services for the Justice Center Inmate Holding Area Project for an amount of $358,250.

6.h

Public Works Department: New Contract with Oz Architecture Inc. ($1,182,380)

New Contract with Oz Architecture Inc for Architectural Services for the Emergency Response Building for an amount of $1,182,380. 

6.i

Sheriff's Office: LE Workforce Grant Amendment 01-2023-LE-23-2

The State of Colorado is amending the 2023 LE Workforce Grant to include language that allows the agency to carry over unspent grant funds into the new grant cycle. 

6.j

Community Services Department: Worthy Cause IV Funding Agreement, Lyons Emergency Assistance Fund ($400,000)

The County has awarded the Agency with $400,000 in Worthy Cause Funds to purchase a
new building in Lyons to be used for direct client services. 

7.

COMMISSIONERS' DISCUSSION ITEMS

7.a

Commissioners' Office: Appointment to the Extension Advisory Board

Presenter(s): Robin Valdez, Commissioners' Office

The following new applicant was appointed to the Extension Advisory Board:

Kristen Ruiz (Member-at-Large)

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

7.b

County Attorney's Office: Findings Regarding Disapproval of the Service Plan for First Five Years Early Childhood Development Service District

On June 20, 2023, the Boulder County Board of County Commissioners (the “Board”) held a public hearing to determine whether to approve the proposed Service Plan for First Five Years Early Childhood Development Service District (the “Service Plan”).  The Board voted to disapprove the Service Plan and provides the attached specific detailed reasons for disapproval.

Presenter(s): Olivia Lucas, County Attorney's Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

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

  Carried (2 to 1)

8.

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, July 12th with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

[ITEM NO. 8 HAS BEEN WITHDRAWN.]

Presenter(s): Cecilia Lacey, Commissioners' Office

9.

PARKS & OPEN SPACE EXECUTIVE SESSION (IF NEEDED)

[There was nothing to note for the record for Item No. 9.]

10.

SCHEDULING AND COMMUNICATIONS (IF NEEDED)

[There was nothing to note for the record for Item No. 10.]

11.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

The commissioners held an Executive Session on Wednesday, June 28th with Ben Pearlman, County Attorney to receive Legal Advice related to the Switzerland Trail jurisdictional issues.

[Item No. 11 was noted for the record.]

Presenter: Cecilia Lacey, Commissioners' Office

12.

BOARD OF EQUALIZATION (Commissioners sit as the BOE)

12.a

Office of the County Administrator: Adoption of Resolution 2023-053 (Appointment of Referees to Hear 2023 BOE Hearings)

Resolution 2023-053, authorizing the appointment of Referees to conduct hearings, make findings and submit recommendations to the County Board of Equalization.

[THE BOARD OF COUNTY COMMISSIONERS SAT AS THE BOARD OF EQUALIZATION TO CONSIDER ITEM 12.A AND THEN RECONVENED AS THE BOARD OF COUNTY COMMISSIONERS.]

Presenter(s): Claudia Hodges-Gonzales, Office of the County Administrator

[THIS BUSINESS MEETING ADJOURNED AT 11:41 A.M.]

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

13.

1:00 p.m. PUBLIC HEARING

13.a

Community Planning & Permitting Department:

(Staff Contact: Hannah Hippely) (Hybrid: In-Person and Zoom Webinar)

Community Planning & Permitting Department Kanemoto Estates Conservation Easement Termination; Request to terminate a conservation easement on Outlot A of Kanemoto Estates pursuant to the terms of the conservation easement. Termination is required to allow the annexation of Kanemoto Estates into the City of Longmont for the construction of a mixed housing development. The property is located east of Airport Road approximately 0.5 miles north of the intersection of Airport Road and SH 119 at 8702 N 87th Street.
ACTION REQUESTED: Decision

[THIS HEARING WAS CALLED TO ORDER AT 1:01 P.M. AND ADJOURNED AT 5:56 P.M.]

Staff Presenter(s):

Hannah Hippely, Community Planning & Permitting Department

Dale Case, Community Planning & Permitting Department

Janis Whisman, Parks & Open Space Department

Other Presenter(s):

Jack Bestall, Owner's Representative

Sean Stewart, Lyons Gaddis

County Attorneys Present:

Erica Rogers

Conrad Lattes

Public Speaker(s):

1. Randall Weiner, Attorney, Boulder
2. Michelle Claire Romeo, Longmont
3. Joe Stasiak, Longmont
4. Annmarie Jensen, Lafayette
5. Susan Barber, Longmont
6. Karen Hollweg, Boulder
7. Lynn Segal, Boulder
8. Victor Pizzo, Longmont
9. Gwen Scherer
10. Gary Hodges, Longmont
11. James Potter, 
12. Elizabeth Bailey, Longmont
13. Eric Wallace, Prosper Longmont
14. Marcia Martin, Longmont City Council
15. Elizabeth Ammerman, Longmont
16. Matt Eldred, Longmont
17. Wendell Pickett, Longmont
18. Laura Zavala, Mortgage Officer, Longmont  
19. Joshua Riccio, Longmont  
20. Jennifer Hewett-Apperson, City of Longmont
21. Barry Shapiro, Longmont
22. Tyler Ammerman, Longmont

• Moved by Commissioner Levy
  Seconded by Commissioner Stolzmann

  to table to a date uncertain. 

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

  Carried (2 to 0)