MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BOULDER COUNTY
AGENDA

Tuesday, April 04, 2023 at 10:30 A.m. - 11:30 A.m.

Tuesday, April 04, 2023 at 1:00 P.m. - 2:00 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

BUSINESS MEETING (Zoom Webinar)

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

2.

ITEMS TO NOTE FOR THE RECORD

2.a

Commissioners' Office: Workforce Development Board resignation request from Marco Better who served as a private sector representative.

3.

HOUSING AUTHORITY DISCUSSION ITEMS

3.a

Housing & Human Services Department: 2022-25 BCHA ARPA IGA Amendment ($3,993,436)

The County desires to increase the amount of the subaward to the Boulder County Housing Authority to be used for the projects set forth on the Scope of Work. 

3.b

Housing & Human Services Department: 2023 BCHA Assignment of Allocation with City of Lafayette

Assignment of Allocation: City of Lafayette to assign Boulder County Housing Authority 2023 allocation from the State Ceiling for private activity bonds.

3.c

Housing & Human Services Department: 2023 BCHA Assignment of Allocation with City of Louisville

Assignment of Allocation: City of Louisville to assign Boulder County Housing Authority 2023 allocation from the State Ceiling for private activity bonds.

3.d

Housing & Human Services Department: 2023-05 BCHA Resolution - Increase 2023 Voucher Payment Standards

BCHA Resolution No. 2023-05: Increasing 2023 Voucher Payment Standards 

4.

COMMISSIONERS' CONSENT ITEMS

4.a

Community Planning & Permitting Department: Contract Amendment with Via Mobility Services ($575,000)

Via will provide one on-demand shuttle (Lafayette Flex Ride) for 7-days a week for 12 months roughly in the geographic boundaries of the City of Lafayette. Via will offer both call center and online scheduling of trips. OFS #201007-3 

4.b

County Attorney's Office: Approval for County Attorney signature on conflict waiver letter from Kutak Rock, LLP

Kutak Rock, LLP has represented the City of Boulder on bond issues and has also represented Boulder County on bond issues in the past.  The City of Boulder would like to retain Kutak Rock to represent the City of Boulder in IGA negotiations between the City of Boulder, Boulder County, and the Boulder Public Library District Board of Trustees. The letter acknowledges this potential conflict of interest on Kutak Rock’s part and seeks Boulder County’s waiver of the conflict to allow Kutak Rock to represent the City in the IGA negotiations.  The County Attorney’s office believes Kutak Rock can ethically represent the City in this matter and consents to a waiver of the potential conflict of interest. 

4.c

County Attorney's Office: Resolution 2023-022 Peters Vacation (V-22-0002)

Resolution 2023-022, conditionally approving Boulder County Community Planning & Permitting Docket V-22-0002:  Peters Vacation.

4.d

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Cambrex Longmont (P0305916)

Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Cambrex Longmont (P0305916). Refund in the amount of $ $122,441.77 for 2022.

4.e

Office of the County Administrator: Petition for Abatement or Refund of Taxes from Giambrocco & Sons LLC (R0511528)

Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Giambrocco & Sons LLC (R0511528). Refund in the amount of $35,954.99 for 2022.

4.f

Parks & Open Space: 2023 Boulder County Fair Contract No. 1 ($20,000)

Contract No. 1 with the Boulder County Fair Board for the administration and management of the 2023 Boulder County Fair in the amount of $20,000.  OFS # 302665

4.g

Parks and Open Space Award Recommendation: RFP #7436-23 - Phase 1: Saint Vrain Forest Health Partnership Project (NTE $1.5M)

The Evaluation Committee recommends awarding RFP #7436-23, Phase 1: Saint Vrain Forest Health Partnership Project, to Markit! Forestry Management, the sole, most responsible bidder, in the amount of $1,372,920.00. Though the RFP only generated one bid, Markit! Forestry Management has an excellent track record with the County and their bid is well within the County’s estimate and budget.

The Committee recommends the bid award be approved in the amount not to exceed $1,500,000.00 to accommodate, at the County’s discretion, the optional items listed in the bidder’s Proposal specified as Optional Items 1-4. The contract amount is not to exceed: $1,500,000.

4.h

Parks & Open Space Department: Canyon Creek Acquisition

On March 14, 2023, at a public hearing, the BOCC approved a proposal to acquire fee title to approximately 201 acres of forested land, with a stone cabin, owned by the Patsy A. Walz Trust, with all mineral rights, for $2,125,000. The property has an address of 21956 S. St. Vrain Drive and is located approximately 2.5 miles east of the intersection of the Peak to Peak Highway and South St. Vrain Drive, on the south side of South St. Vrain Drive. Staff now submits a Purchase Agreement for consent and signature. 

4.i

Public Works Department: Bid Award #7427-23 Recommendation - Bituminous Asphalt for Use in Roadway Patching and Overlay Projects

The evaluation committee recommends awarding BID #7427-23, Bituminous Asphalt for Use in Roadway Patching and Overlay Projects, to all bidders who submitted a proposal to ensure the supply of the required type or quantity of product is available when needed:

• Martin Marietta
• Brannan Sand & Gravel
• Holcim
• Asphalt Specialties Company, Inc.
• Oldcastle SW Group, Inc., dba, APC Construction Co., A CRH Company

4.j

Public Works Department: Bid Award #7404-22 Recommendation - Boulder County Alternative Sentencing Facility, Central Plant, & Intake Addition ($49,608,400)

The evaluation committee recommends awarding BID #7404-22, Boulder County Alternative Sentencing Facility, Central Plant, & Intake Addition, to Adolfson & Peterson Construction, the lowest, most responsible bidder. The contract amount is $49,608,400.

4.k

Public Works Department: New 5-Year Contract with Atkins North America (NTE $10M)

New 5-Year Contract with Atkins North America for Civil Engineering and Right of Way Acquisition Continuing Services for an amount not to exceed $1,000,000 per discipline (2) per year (5) for a total amount not to exceed $10,000,000.

4.l

Public Works Department: New 5-Year Contract with CivilArts, Inc. for Surveying Continuing Services (NTE $5M)

New 5-Year Contract with CivilArts, Inc. for Surveying Continuing Services for an amount not to exceed $1,000,000 per year for a 5-year total not to exceed $5,000,000.

4.m

Public Works Department: New 5-Year Contract with Cobb Fendley and Associates NTE $10M)

New 5-Year Contract with Cobb Fendley and Associates for Utility Engineering & Coordination and Surveying Continuing Services for an amount not to exceed $1,000,000 per year per category (2) for a 5-year total not to exceed of $10,000,000.

4.n

Public Works Department: New 5-Year Contract with DVL Group (NTE $500,000)

New 5-Year Contract with DVL Group for AC Computer Room Maintenance and Repair Continuing Services for an amount not to exceed $100,000 per year for a 5-year total amount not to exceed $500,000. 

4.o

Public Works Department: New 5-Year Contract with Drexel Barrell & Co for (NTE $10M)

New 5-Year Contract with Drexel Barrell & Co for Utility Engineering & Coordination and Survey Continuing Services for an amount not to exceed $1,000,000 per category (2) per year for a total amount not to exceed $10,000,000.

4.p

Public Works Department: New 5-Year Contract with Ero Resources Corporation (NTE $5M)

New 5-Year Contract with Ero Resources Corporation for Environmental Engineering Continuing Services for an amount not to exceed $1,000,000 per year for a total not to exceed $5,000,000.

4.q

Public Works Department: New 5-Year Contract with Fox Tuttle Transportation Group (NTE $10M)

New 5-Year Contract with Fox Tuttle Transportation Group for Traffic Engineering and Transportation Planning Continuing Services for an amount not to exceed $1,000,000 per category (2) per year (5) for a total amount not to exceed $10,000,000.

4.r

Public Works Department: New 5-Year Contract with Ground Engineering Consultants for Geotechnical Engineering Continuing Services

New 5-Year Contract with Ground Engineering Consultants for Geotechnical Engineering Continuing Services for an amount not to exceed $1,000,000 per year for a 5-year total not to exceed $5,000,000.

4.s

Public Works Department: New 5-Year Contract with JVA Inc for Civil Engineering Continuing Services

New 5-Year Contract with JVA Inc for Civil Engineering Continuing Services for an amount not to exceed $1,000,000 per year for a 5-year total not to exceed $5,000,000.

4.t

Public Works Department: New 5 Year Contract with Kimley-Horn & Associates (NTE $5M)

New 5 Year Contract with Kimley-Horn & Associates for Civil Engineering Continuing Services for an amount not to exceed $1,000,000 per year for total amount not to exceed $5,000,000.

4.u

Public Works Department: New 5-Year Contract with Kumar and Associates (NTE $5M)

New 5-Year Contract with Kumar and Associates for Geotechnical Engineering Continuing Services for an amount not to exceed $1,000,000 per year for a 5-year total amount not to exceed $5,000,000.

4.v

Public Works Department: New 5-Year Contract with Mountain High Consulting Group (NTE $5M)

New 5-Year Contract with Mountain High Consulting Group for Construction Management and Inspection Continuing Services for an amount not to exceed $1,000,000 per year for a total amount not to exceed $5,000,000.  OFS #302651-1

4.w

Public Works Department: New 5-Year Contract with Shannon Wilson (NTE $5M)

New 5-Year Contract with Shannon Wilson for Geological/Soil Engineering Continuing Services for an amount not to exceed $1,00,000 per year for a 5-year total not to exceed $5,000,000.

4.x

Public Works Department: New 5-Year Contract with Short Elliot Hendrickson (NTE $10M)

New 5-Year Contract with Short Elliot Hendrickson for Civil Engineering and Utility Coordination Continuing Services for an amount not to exceed $1,000,000 per year for a total not to exceed $10,000,000.

4.y

Public Works Department: New 5-Year Contract with Terracon Consulting Group (NTE $10M)

New 5-Year Contract with Terracon Consulting Group for Geotechnical Continuing Services and Geological/Soil Continuing Services for an amount not to exceed $1,000,000 per category (2) per year for a total amount not to exceed $10,000,000.

4.z

Public Works Department: New 5-Year Contract with Vivid Engineering Group for Geotechnical/Soil Engineering and Construction Management & Inspection Continuing Services (NTE $10M)

New 5-Year Contract with Vivid Engineering Group for Geotechnical/Soil Engineering and Construction Management & Inspection Continuing Services for an amount not to exceed $1,000,000 per category (2) per year for a total amount not to exceed $10,000,000.

4.aa

Public Works Department: New 5-Year Contract with Y2K Engineering (NTE $10M)

New 5-Year Contract with Y2K Engineering for Traffic Engineering and Transportation Planning Continuing Services for an amount not to exceed $1,000,000 per category (2) per year for a total amount not to exceed $ 10,000,000.

4.ab

Public Works Department: New 5-Year Contract with Yeh and Associates, Inc (NTE $10M)

New 5-Year Contract with Yeh and Associates, Inc for Geological/Soil and Geotechnical Engineering Continuing Services for an amount not to exceed $1,000,000 per category (2) per year for a total not to exceed of $10,000,000.

4.ac

Public Works Department: New 5-Year Contract with Ulteig Engineers, Inc. (NTE $5M)

New 5-Year Contract with Ulteig Engineers, Inc. for Civil Engineering Continuing Services for an amount not to exceed $1,000,000 per year for a 5-year total amount not to exceed $5,000,000.

4.ad

Public Works Department: New 5 Year Contract with Goodbee and Associates (NTE $5M)

New 5 Year Contract with Goodbee and Associates for Utility Engineering and Coordination Continuing Services for an amount not to exceed $1,000,000 per year for a total amount not to exceed $5,000,000.

4.ae

Community Services Department: Contract Amendment with Unite USA, inc. d/b/a/ Unite Us $399,600

Unite Us’ proprietary case management and network care coordination software tool to be used by Community Services Department. Unite Us enables Network Participants to provide and manage services, collaborate, and transfer specific data either intra-organizationally or across a network of Network Participants.

4.af

Parks & Open Space Department: Adopt Resolution 2023-025 for Colorado State Forest Service Grant Application for Riverside Ranch Fuels Reduction

Adopt Resolution 2023-025 supporting a Parks and Open Space application to the Colorado State Forest Service Incentive for Local Governments Grant Program for $327,500 to fund wildfire mitigation fuels reduction work at Riverside Ranch open space.

4.ag

Sheriff's Office: Colorado Office of Behavioral Health Grant 23 IBEH 17740 - Am 2 - (179355)

The State of Colorado Office of Behavioral Health is amending Grant 23 IBEH 17740 to add an additional $75,000 for the Boulder County Jail's Behavioral Health Services.  

5.

COMMISSIONERS' DISCUSSION ITEMS

5.a

Commissioners' Office: Appointment to the Extension Advisory Board

PRESENTER: Robin Valdez

5.b

Commissioners' Office: Appointment to the Mosquito Control Advisory Board

5.c

Community Services Department: 2023 Head Start Continuation Grant Application Approval & Signature Ratification

Boulder County Head Start is requesting approval to submit an Office of Head Start Continuation Grant application and Supplement - COLA and QI application to the Office of Head Start for the 2023/24 school year (August to May).

Also, seeking approval on a Signature Ratification for Commissioner Levy's 3/30/23 signature on a memo related to the grant application. 

5.d

County Attorney's Office: Resolution 2023-024 updating BCPOS Rules and Regulations

Requesting approval and adoption of Resolution No. 2023-024, A Resolution Concerning Rules and Regulations for Boulder County Parks & Open Space Areas (Superseding Resolution No. 2023-020).

5.e

Office of Financial Management: Budget Amendment for Community Services' 2023 down payment on behavioral health services building ($300,000)

The Community Services Department is requesting $300,000 from the general fund to support one-half of a down payment on a building that would house therapeutic outpatient behavioral health services as a key component of an ongoing residential recovery services project. The City of Boulder is funding the 2nd half of this purchase.

5.f

Office of Financial Management: Ratification of contract with Impact Development Fund for Marshall Fire rebuild sales & use tax refunds program ($160,000)

Ratification of Chair Levy's 03/21 signature on a contract with Impact Development Fund for the administration of Boulder County's Marshall Fire rebuild Sales & Use Tax refunds program.

5.g

Sheriff's Office: Ratification of Chair Levy's 3/22/23 Signature on a request for a contract extension for an additional 6 months, for Peace Office Mental Health Grant F21POMH20055

Due to a number of factors including the late execution date of this contract as well as the time which was needed to develop, design and implement the Boulder County Sheriff’s Office CORDICO Officer Wellness smartphone application, we are respectfully asking that a 6-month contract extension be considered and granted so that we may maximize the funds awarded through this contract in order to cover the cost of a third year of funding for this smartphone wellness application.

5.h

Commissioners' Office: Appointment to the Adult Protection Review Team

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, April 5th with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

7.

PARKS & OPEN SPACE EXECUTIVE SESSION (IF NEEDED)

8.

BCHA EXECUTIVE SESSION (IF NEEDED)

9.

SCHEDULING AND COMMUNICATIONS 

9.a

Community Planning & Permitting Department:

The Public Hearing for Docket HP-23-0001: Seigle-Juhl House and Garage scheduled for Thursday, April 6 at 9:30 a.m. has been tabled to Thursday, June 29 at 12:30 p.m.

9.b

Community Planning & Permitting Department: 

The Public Hearing for Docket LU-22-0034: Juhl Non-foundational Earthwork and Historic Accessory Dwelling Unit scheduled for Thursday, April 6 at 11:30 a.m. has been tabled to Thursday, June 29 at 12:30 p.m.

9.c

A PROCLAMATION DECLARING APRIL 2023 EARTH MONTH IN BOULDER COUNTY

Encouraging residents and businesses to improve energy efficiency, reduce consumption and waste disposal, electrify their transportation, conserve natural resources, and electrify their buildings with the support of the county’s services.

10.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

The commissioners held an Executive Session on Wednesday, March 22nd to receive legal advice related to the following topics: 

1.)  No discharge of firearms areas on federal land

2.)  Mechanisms for increasing stewardship of land by indigenous people

3.)  Potential contribution toward the acquisition of an office building by a nonprofit service provider

11.

1:00 p.m. PUBLIC HEARING

(Staff Contact: Pete L’Orange) (Hybrid: In-Person and Zoom Webinar)

11.a

Community Planning & Permitting Department: Docket EP-22-0007: Scharff Exemption Plat

Request for an Exemption Plat to adjust the building envelope for Lot 19 in the Niwot Meadow Farm subdivision. The application is submitted by Alan and Julie Scharff (applicants/owners), in accordance with the Boulder County Land Use Code. The proposed project is in the Rural Residential (RR) Zoning District, at 8595 Niwot Meadow Farm Road, Lot 19 Niwot Meadow Farm, located the eastern end of Niwot Meadow Farm Road, approximately 0.4 mile east of the intersection of N 83rd Street and Niwot Meadow Farm Road, in Section 30, Township 2N, Range 69W.  ACTION REQUESTED: Decision

Opportunity for live virtual and in-person public comments will be available, and written comments can be emailed to . Information regarding how to participate will be available on the docket webpage: https://boco.org/EP-22-0007.

• Virtual Attendee Link: https://boco.org/BOCC-EP-22-0007
• REGISTRATION REQUIRED
• Call-in information: 1-833-568-8864, Webinar ID: 160 905 9046
• In-Person Comment Registration: https://boco.org/InPerson-EP-22-0007