MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

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

Members Present:

• Commissioner Claire Levy
• Commissioner Ashley Stolzmann

Members Excused:

• 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

10:30 A.M. BUSINESS MEETING (Zoom Webinar)

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 April 4, 2023. 

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

2.

ITEMS TO NOTE FOR THE RECORD

[Item No. 2.a was noted for the record by Chair Claire Levy.]

2.a

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

3.

HOUSING AUTHORITY DISCUSSION ITEMS

[THE BOARD OF COUNTY COMMISSIONERS SAT AS THE BOULDER COUNTY HOUSING AUTHORITY BOARD TO CONSIDER ITEM(S) 3.A - 3.D AND THEN RECONVENED AS THE BOULDER COUNTY BOARD OF COMMISSIONERS.]

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. 

Presenter(s): April Gatesman, County Attorney's Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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.

Presenter(s): April Gatesman, County Attorney's Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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.

Presenter(s): April Gatesman, County Attorney's Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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 

Presenter(s): Kelly Gonzalez, Boulder County Housing Authority

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

4.

COMMISSIONERS' CONSENT ITEMS

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy

  to approve the Commissioners' Consent Agenda Items 4.a through 4.i and 4.ae-4.ag.

  Carried

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.

[Item No. 4j has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.k has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.l has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.m has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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. 

[Item No. 4.n has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.o has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.p has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.q has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.r has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.s has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.t has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.u has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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

[Item No. 4.v has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.w has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.x has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.y has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.z has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.aa has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.ab has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.ac has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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.

[Item No. 4.ad has been tabled to the business meeting on Tuesday, April 11 at 10:30 a.m.]

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

Presenter(s): Robin Valdez, Commissioners' Office

The following applicant was re-appointed to the Extension Advisory Board:

Richard O’Keefe (Member-at-Large)

5.b

Commissioners' Office: Appointment to the Mosquito Control Advisory Board

Presenter(s): Robin Valdez, Commissioners' Office

The following applicant was re-appointed to the Mosquito Control Advisory Board:

Carol Byerly (Member-at-Large)

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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. 

Presenter(s): Akane Ogren, Community Services Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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).

Presenter(s): Conrad Lattes, County Attorney's Office 

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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.

Presenter(s): Ramona Farineau, Office of Financial Management

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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.

Presenter(s): Chris Krolick, Office of Financial Management

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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.

Presenter(s): Tim Oliveira, Sheriff's Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

5.h

Commissioners' Office: Appointment to the Adult Protection Review Team

Presenter(s): Robin Valdez, Commissioners' Office

The following new applicant was appointed to the Adult Protection Review Team:

Lydia Rader (Community Representative)

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy
  Carried

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.

[Item No. 6 was withdrawn.]

7.

PARKS & OPEN SPACE EXECUTIVE SESSION (IF NEEDED)

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

8.

BCHA EXECUTIVE SESSION (IF NEEDED)

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

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.

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy

  to table Docket HP-23-0001 to Thursday, June 29 at 12:30 p.m.

  Carried

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.

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy

  to table Docket LU-22-0034 to Thursday, June 29 at 12:30 p.m.

  Carried

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.

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

Presenter(s): Gloria Handyside, Commissioners' Office

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

[Item No. 10 was noted for the record.]

Presenter: Cecilia Lacey, Commissioners' Office

[THIS BUSINESS MEETING ADJOURNED AT 11:04 A.M.]

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

Staff Presenter(s):

Pete L'Orange, Community Planning & Permitting Department 

Other Presenter(s):

Alan Scharff, Owner

Julie Scharff, Owner

County Attorneys Present:

Liana James

Erica Rogers

Public Speaker(s):

No one gave comment during the public hearing portion of this docket.

The County Attorneys called a brief recess and then went into an executive session during this public hearing. 

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Levy

  to conditionally approve Docket EP-22-0007 in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as discussed and contained within the official record. 

  Carried
• to go into an Executive Session with Liana James and Erica Rogers, County Attorneys, pursuant CRS 24-6-402(4)(b) to discuss legal matters related to Docket CP-22-0007 on April 4, 2023, at approximately 1:47 p.m.