MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, December 06, 2022 at 9:30 A.m. - 10:30 A.m.

Tuesday, December 06, 2022 at 10:30 A.m. - 11:30 A.m.

Third Floor Hearing Room

County Court House

1325 Pearl Street, Boulder

Members Present:

• Commissioner Marta Loachamin
• Commissioner Claire Levy
• Commissioner Matt Jones

[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 December 6, 2022. 

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

2.

[TABLED from 12/6/22 to 1/5/23] 9:30 a.m. PUBLIC HEARING

Please Note: The Public Hearing for the 2023 Legislative Agenda scheduled for Tuesday, December 6 at 9:30 a.m. has been tabled to Thursday, January 5, 2023, at 9:30 a.m.

Commissioners’ Office: 2023 Legislative Agenda; Boulder County’s 2023 State Legislative Agenda identifies a diverse set of core county legislative and state budget priorities in need of support from Boulder County’s state legislative delegation, the General Assembly, and the Governor. The agenda will serve as the county’s legislative advocacy blueprint for the 2023 state legislative session.

ACTION REQUESTED: Approval

3.

10:30 a.m. BUSINESS MEETING

4.

COMMISSIONERS' CONSENT ITEMS

• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve the Commissioners' Consent Agenda as a whole.

  Carried Unanimously

4.a

Community Planning & Permitting Department: HPG‐22‐0004: Bishop Gallery – reroof of second structure

Request: Historic Preservation Grant for reroof of the second structure
Location: 9889 Peak to Peak Hwy
Zoning: Forestry (F) Zoning District
Owners: David and Rebecca Braun  

Proposed work: reroof of second structure on property.
Grant Requested: $5,452.50
Match: $5,452.50
Recommend APPROVAL: $5,452.50

4.b

Community Planning & Permitting Department: HPG-22-0005: Rangeview Ranch – cabin rehab continued ($10,000)

Request: Historic Preservation Grant request for the continuation of the cabin rehab
Location: 8941 Overland Road
Zoning: Forestry (F) Zoning District
Owner: Rocky Mountain Ecodharma Retreat Center

Proposed work: well repairs, a French drain, foundation repairs and roof framing
Grant Requested: $10,000
Match: $16,391.09
Recommend APPROVAL: $10,000

4.c

Community Planning & Permitting Department: HPG‐22-0006: St. Catherine’s Chapel on the Rock ‐ reroof ($10,000)

Location: 10758 Hwy 7
Zoning: Forestry (F) Zoning District
Owners: Camp St Malo Religious Retreat & Conference Center Inc  

Proposed work: reroof of chapel
Grant Requested: $10,000
Match: $24,950.00
Recommend APPROVAL: $10,000

4.d

Community Services Department- Worthy Cause (IV) 2020 & 2021 TRU Community Care Funding Agreement ($300,000)

-- Worthy Cause (IV) 2020 & 2021 Funding Agreement with TRU Community Care to assist with debt relief on capital construction of the TRU Community Care facility at 2593 Park Lane in Lafayette. ($300,000).

4.e

Housing & Human Services Department: 2022-25 HHS MOU Amendment with Colorado Department of Early Childhood - Colorado Child Care Assistance Program

-- Required MOU amendment between Colorado Department of Early Childhood and Boulder County for HHS to administer and implement the Colorado Child Care Assistance Program.

4.f

Sheriff's Office: DCJ Grant - VOCA (2022-VA-23-238-30) Multi-Agency Victim Assistance Program Grant

-- Grant Agreement with the Colorado Department of Public Safety, Division of Criminal Justice that will allow the Boulder County Sheriff's Office to provide support services to victims of crime in Boulder County ($268,883 Federal Funds provided through State Grant).

4.g

Sheriff's Office: 2023 CoreCivic, Inc Contract Amendment (NTE $436,050 in additional funding)

-- The 2023 amendment is to renew the annual contract with CoreCivic, Inc for inmate boarding and work release management at Longmont Community Treatment Center (not to exceed $436,050 in additional funding). 2023 200808

4.h

Housing & Human Services Department: Agreement with Roundup Fellowship FY23 SS-23A - Out of Home Placement Services

-- Contract Agreement and Addendum FY23 SS-23A - with Roundup Fellowship for Out of Home Placement Services. The contract total depends on whether children are placed at the facility and the length of stay. If children are placed at the facility, a child-specific addendum (SS23B) will be executed between the Parties that will detail the negotiated rates.

4.i

County Attorney's Office: Resolution 2022-089 Eisele Ranch (HP-22-0005)

-- Resolution 2022-089, a resolution correcting a clerical error in Resolution 2022-081 and superseding and replacing in its entirety Resolution 2022-081 conditionally approving Boulder County Community Planning & Permitting Docket HP-22-0005: Eisele Ranch

4.j

Parks & Open Space: Closing Documents for the Heil Valley Ranch and Bald Mountain - State Land Board Parcels 

-- On November 15, 2022, the Board of County Commissioners approved the acquisition of the Heil Valley Ranch-State Land Board parcel and the Bald Mountain-State Land Board parcel, along with a Non-Development Agreement for a total of $13,718,000. These documents are needed for the closing.

1. Agreement to Non-Simultaneous Exchange of Property
2. Non-Development Agreement 
3. Mechanic’s Lien Letter

4.k

Parks and Open Space Department: Colorado Strategic Wildfire Action Program (COSWAP) Grant Amendment #1

-- This is an amendment to the COSWAP contract agreement, executed on August 11, 2022, to change Exhibit B, Budget by reclassifying $48,539 from the Boulder Valley & Longmont Conservation District partner cash match commitment to Parks and Open Space in-kind match commitment ($0 net effect on the $1 million grant agreement. CMS 17 8014 CTGG1 2023 2161

5.

COMMISSIONERS' DISCUSSION ITEMS

5.a

Community Planning & Permitting: Revised Building Permit Fees for rebuilding after the Calwood and Marshall Fires

-- The County collects permit fees to fund the Building Safety & Inspection program to help ensure our built environment is safe. In May, the County Commissioner approved utilizing the revenue collected from fire rebuilds to help fund additional resources necessary to process permits and inspections. As part of the program, CP&P staff committed to reviewing and adjusting the program based on the information and permit issuance. 

Presenter(s): Dale Case, Community Planning & Permitting Department

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

5.b

Parks & Open Space Department: Owen CE-2022 Restrictive Covenant

-- The landowner of the two adjacent Owen conservation easement properties would like to tie them together via a restrictive covenant for any future conveyances. The properties are located south of the City of Longmont and consist of a house lot and a larger agricultural parcel. Staff recommends approving this request.

Presenter(s): Melissa Arnold, Parks & Open Space Department

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

5.c

Commissioners' Office: Insight Global Bid Waiver for American Rescue Plan Administrative (ARPA) Staff

-- The is a request for a bid waiver to continue with already hired contractors from Insight Global for American Rescue Plan Act Administrative staff through 2026 at a not to exceed amount of $420,000 per year.

Presenter(s): Leslie Irwin, Commissioners' Office

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  Carried Unanimously

5.d

Office of Sustainability, Climate and Resilience: Selection of 2023 Environmental Sustainability Matching Grants

-- Requesting approval of the 2023 Environmental Sustainability Matching Grants to the following communities in Boulder County: Boulder, Erie, Jamestown, Lafayette, Longmont, Louisville, Lyons, Nederland and Superior.

Presenter(s): Lea Yancey, Office of Sustainability, Climate Action, & Resilience (OSCAR) 

• Moved by Commissioner Levy
  Seconded by Commissioner Jones
  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, December 7th 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

1.   Please Note: The Public Hearing for Docket EP-22-0005/SPRW-22-0040: Coveyduck Lot Merger and Residence scheduled for Thursday, December 8th at 11:30 a.m. has been cancelled to review administratively.

2.   Please Note: The Public Hearing for the 2023 Legislative Agenda scheduled for Tuesday, December 6 at 9:30 a.m. has been tabled to Thursday, January 5, 2023, at 9:30 a.m.

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

10.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

The commissioners, sitting as the Boulder County Housing Authority Board, held an Executive Session on Wednesday, November 30th to discuss negotiations related to Willoughby Corners affordable housing project at E. Emma Street and N. 120^th Street in Lafayette.

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

Presenter: Cecilia Lacey, Commissioners' Office

[THIS BUSINESS MEETING ADJOURNED AT 11:02 A.M.]

11.

12:30 p.m. PUBLIC HEARING

11.a

Community Planning & Permitting: 

Docket SU-22-0004: Pivot Energy Solar Facility Special Use Review to construct a 5 megawatt 24-acre solar energy facility on a 36-acre parcel. The application is submitted by Kyle Sundman, c/o Pivot Energy (applicant) and Charles Rodgers (property owner). The proposal is in the Agricultural (A) zoning district at 5980 N. 79th Street, approximately .25 miles south of the intersection of N. 79th Street and State Highway 52, in Section 6, Township 1N, Range 69W.

[THIS HEARING WAS CALLED TO ORDER AT 12:31 P.M. AND ADJOURNED AT 4:21 P.M.]

Staff Presenter(s):

Sam Walker, Community Planning & Permitting Department

Summer Frederick, Community Planning & Permitting Department

Kim Sanchez, Community Planning & Permitting Department 

Other Presenter(s):

Kyle Sundman, Pivot Solar, Applicant

County Attorneys Present:

Liana James

Erica Rogers

Public Speaker(s):

1. Michelle Williams, Longmont
2. Mike Rubin, Longmont
3. Charles Rodgers, Property Owner
4. Kim Shields, Energy Outreach Colorado
5. Robert Woodruff, Niwot
6. Edward Kean, Lyons
7. Sheldon Sands, Lyons
8. Kevin Schneider, Longmont
9. Kathleen Sands, Lyons
10. Sarah Lorang, Longmont 

• Moved by Commissioner Levy
  Seconded by Commissioner Loachamin

  to conditionally approve Docket SU-22-0004 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 Jones

  Carried (2 to 1)

12.

3:00 p.m. PUBLIC MEETING

[THIS HEARING WAS CALLED TO ORDER AT 4:30 P.M. AND ADJOURNED AT 5:32 P.M.]

Staff Presenter(s):

Jillian Dieterich, Office of Financial Management

Jana Petersen, Office of the County Administrator

12.a

Office of Financial Management: Presentation of the 2023 Boulder County Budget

Boulder County 2023 Budget Adoption; Commissioners formally adopt the 2023 Boulder County budget.

ACTION REQUESTED: Adoption

• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution 2022-076.

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution 2022-077. 

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution 2022-078. 

  Carried Unanimously

12.b

Office of Financial Management: Commissioners sit at the Burgundy Park PID 

Boulder County 2023 Budget Adoption; Commissioners formally adopt the 2023 Burgundy Park Public Improvement District budget.

ACTION REQUESTED: Adoption

[THE BOARD OF COUNTY COMMISSIONERS SAT AS THE BURGUNDY PARK PUBLIC IMPROVEMENT DISTRICT BOARD TO CONSIDER ITEM 12.B.]

• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution B2022-1. 

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution B2022-2. 

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution B2022-3.

  Carried Unanimously

12.c

Office of Financial Management: Commissioners sit as the Nederland EcoPass PID

Boulder County 2023 Budget Adoption; Commissioners formally adopt the 2023 budget for the Nederland EcoPass Public Improvement District.

ACTION REQUESTED: Adoption

[THE BOARD OF COUNTY COMMISSIONERS SAT AS THE NEDERLAND ECOPASS PUBLIC IMPROVEMENT DISTRICT BOARD TO CONSIDER ITEM(S) 12.C.]

• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution N2022-1.

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution N2022-2. 

  Carried Unanimously
• Moved by Commissioner Levy
  Seconded by Commissioner Jones

  to approve Resolution N2022-3.

  Carried Unanimously