MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

Tuesday, May 02, 2023 at 10:30 A.m. - 11:30 A.m.

Tuesday, May 02, 2023 at 12:30 P.m. - 1:30 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

10:30 A.M. BUSINESS MEETING

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 May 2, 2023. 

The meeting was called to order at approximately 10:30 a.m. 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: Resignation request from Angela Karlstedt who served as a member-at-large on the Intellectual or Development Disabilities Mill Levy Advisory Council.

3.

COMMISSIONERS' CONSENT ITEMS

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to approve the Commissioners' Consent Agenda as a whole.

  Carried Unanimously

3.a

Community Planning & Permitting Department: McNeil-Mayhoffer House Historic Preservation Grant Request ($10,000)

HPG‐22‐0007: McNeil‐Mayhoffer House – Grant ($10,000)

The request is to help fund the repair/rehab of the foundation and the siding of the historic part of the house. New siding is being custom milled to match the historic siding. This work has already been approved under CA‐20‐0017 as part of a larger rehab of the historic house and an addition on the back of the house. The property is located at 10064 Empire Drive and the Owners/Applicants are Kristen and Jay Schultz. The funding request is for $10,000 with a $17,850 match.

3.b

Community Planning & Permitting: Grant Application for the Colorado State Forest Service Incentives for Local Government

If awarded, the Colorado State Forest Service’s Incentives for Local Government grant (ILG) monies will be used to help fund a professional consultant to update and develop Boulder County’s CWPP (i.e., hazard assessment, mapping, facilitating community engagement meetings, coordinating with Core Team and BC staff, development of document, story maps etc.)

3.c

Community Planning & Permitting Department: Contract Amendment with Flatirons Transportation, LLC, dba, Green Ride Boulder (NTE $350,000)

The amendment is for additional funding to operate the Hessie Shuttle bus service between Nederland and Hessie Trailhead and provide associated support staff.  OFS 302011-3

3.d

Community Services Department: Homeless Solutions for Boulder County, Substance Abuse and Mental Health Services Admin (SAMHSA) Grant Application

Grant proposal to the Substance Abuse and Mental health Services Administration in response to its Treatment for Individuals with Serious Mental Illness, Serious Emotional Disturbance, or Co-Occurring Disorders Experiencing Homelessness (NOFO No. SM-23-
006). Grants can be up to $2,500,000 ($500,00/year for 5 years) and are designed to provide comprehensive, coordinated and evidenced-based services for individuals with serious mental illness, serious emotional disturbance or co-occurring disorder who are experiencing homelessness or at imminent risk of homelessness. 

3.e

County Attorney's Office: Resolution 2023-030 Scharff Exemption Plat (EP-22-0007)

Resolution 2023-030, conditionally approving Boulder County Community Planning & Permitting Docket EP-22-0007:  Scharff Exemption Plat.

3.f

Parks & Open Space Department: Walden Ponds - 2023 City of Boulder Main Sewer Improvements - Utility and Access Easements

The City of Boulder’s existing sewer main is aging and undersized. In 2020, the Board of County Commissioners approved Docket SI-18-003, the City of Boulder’s application for the placement of a new sewer line under Walden Ponds with conditions of approval.

The final plans for the sewer line replacement require the county to grant a new easement to the City of Boulder for the sewer line and for access for installation and maintenance, and a modification to a ditch crossing agreement with the city. The plans also necessitate a new utility easement to Xcel Energy to reroute the utility line that serves the county’s volunteer center at Walden Ponds.

3.g

Parks & Open Space Department: Grant-funded contract with Markit! Forestry Management, LLC (NTE $1.5M)

Phase I: Saint Vrain Forest Health Partnership Project Grant funded by the Department of Natural Resources Colorado Strategic Wildfire Action Program contract between Boulder County and Markit! Forestry Management LLC, in the amount not to exceed $1,500,000. OFS# 302752; RFP# 7436-23

3.h

Public Works Department: Contract Amendment with Western Disposal (NTE $400,000)

Amendment with Western Disposal for Boulder County Waste Collection Services to renew the existing contract and add an amount not to exceed $400,000 for 2023. OFS #301612-3

3.i

Public Works Department: New 5-year Contract with Gehring and Associates Architectural Engineers (NTE $7.5M)

New 5-year Contract with Gehring and Associates Architectural Engineers for Electrical Engineering, Lighting Design, and Mechanical & Plumbing Engineering Continuing Services for an amount not to exceed $500,000 per category (3) per year (5) for a total amount not to exceed $7,500,000.

3.j

Public Works Department: New 5-Year Contract with Felsburg, Holt & Ullevig Inc (NTE $25M)

New 5-Year Contract with Felsburg, Holt & Ullevig Inc for Civil Engineering, Traffic Engineering and Transportation Planning Continuing Services for an amount not to exceed $1,000,000 per category (5) per year (5) for a total amount not to exceed $25,000,000.

3.k

Public Works Department: New 5-Year Contract with Mead and Hunt, Inc. (NTE $5M)

New 5-Year Contract with Mead and Hunt, Inc. for Traffic Engineering Continuing Services for an amount not to exceed $1,000,000 per year for a 5-year total amount not to exceed of $5,000,000.  OFS #302642-1

4.

COMMISSIONERS' DISCUSSION ITEMS

4.a

Housing & Human Services Department: 2023 HHS Contract with Clinica Campesina/Family Health Services (NTE $659,000)

This contract provides accessible and prevention-focused health and dental services for low-income Boulder County residents. OFS 302771

Presenter(s): Rory Trujillo Thomes, Housing & Human Services Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.b

Parks & Open Space Department: Colorado Parks and Wildlife Human-Bear Conflict Reduction Grant Application

Parks & Open Space is seeking approval to submit a $107,225 grant application to the Colorado Parks and Wildlife (CPW) as partner with the Boulder Bear Coalition to address human-bear conflict in and around the communities of Eldorado Springs and Nederland plus the Town of Niwot and South Longmont. The County would be the fiscal agent on the grant and costs include purchase of bear deterrent materials and support for a part-time project coordinator and a wildlife coordinator.

Presenter(s): 

Michelle Durant, Parks & Open Space Department

Brenda Lee, Wildlife Partner, Boulder Bear Coalition

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.c

Public Works Department: Contract Amendment with Machinex Technologies ($307,000)

Contract Amendment with Machinex Technologies for the Equipment Replacement and Expansion of Recycling Center for additional scope of work adding $307,000 to the contract amount. The contract total amount is $625,607.26.  OFS #301495-2

Presenter(s): Cly Lewis, Public Works Department

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.d

Assessor's Office: Master Agreement with Just Appraised, Inc. 2023

The Boulder County Assessor’s Office procures Software As A Service (SAAS) products from Just Appraised Inc. to enhance public facing and non-public facing processes within the Assessor’s Office. Procurement includes implementation of the SAAS product, annual license renewal fees and ongoing customer support. The work shall be assigned on a project-by-project basis according to the terms of this Agreement.  OFS #302795-1

Presenter(s): Cindy Braddock, County Assessor's Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.e

Office of Financial Management: Procurement Policy Update

The Office of Financial Management is submitting an update to Section 9, Procurement and Processing - Purchasing, number 9.1 Purchasing Policies.

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

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.f

Commissioners' Office: Consideration of a motion to ratify the Library District Board of Trustees Selection Committee’s appointment of seven trustees to the initial Boulder Public Library District Board of Trustees.

Presenter(s): Natalie Springett, Commissioners' Office

The following applicants were appointed to the Boulder Public Library District Board of Trustees:

1. Benita Duran, City of Boulder, 5-year term
2. Jennifer Yee, Unincorporated Boulder County, 5-year term
3. Sylvia Wirba, City of Boulder, 4-year term
4. Doug Hamilton, City of Boulder, 4-year term
5. Cara O’Brien, Unincorporated Boulder County, 3-year term
6. Sam Fuqua, City of Boulder, 2-year term
7. Joni Teter, City of Boulder, 1-year term

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

4.g

County Attorney's Office: Amicus Brief in Texas v. Biden, No. 23-10143 (5thCir.)

Boulder County will participate with Los Angeles County and other cities and counties in an amicus brief in support of federal government in Texas v. Biden, No. 23-10143 (5th Cir.), a case challenging President Biden’s decision to terminate the Migrant Protection Protocols. 

Presenter(s): David Hughes, County Attorney's Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

5.

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, May 3rd with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice.

Presenter(s): Ben Pearlman, County Attorney's Office

The topics to be discussed during the aforementioned Executive Session are:

1.) Early Education Special District draft service plan

2.) Blue Paintbrush forced pooling application (Colorado Oil & Gas Conservation Commission Docket Number 220700180)

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

6.

PARKS & OPEN SPACE EXECUTIVE SESSION (IF NEEDED)

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

7.

BCHA EXECUTIVE SESSION (IF NEEDED)

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

8.

SCHEDULING AND COMMUNICATIONS

8.a

[TABLED] Community Planning & Permitting Docket LU-23-0008: Boulder Country Club Course Improvements

The Public Hearing for Docket LU-23-0008: Boulder Country Club Course Improvements scheduled for Thursday, May 4 at 11:30 a.m. has been tabled to Thursday, June 22 at 2:00 p.m.

Presenter(s): Cecilia Lacey, Commissioners' Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

8.b

[TABLED] Community Planning & Permitting Docket: LU-23-0005 Casson Vacation Rental

The Public Hearing for Docket LU-23-0005: Casson Vacation Rental scheduled for Thursday, May 4th at 1:00 p.m. has been tabled to Thursday, July 20th at 1:00 p.m.

Presenter(s): Cecilia Lacey, Commissioners' Office

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin
  Carried Unanimously

8.c

PROCLAMATION: Declaring May 2023 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month in Boulder County

Presenter(s): Gloria Handyside, Commissioners' Office 

8.d

PROCLAMATION: Declaring May 2023 as Wildfire Awareness Month in Boulder County

Presenter(s): Gloria Handyside, Commissioners' Office

8.e

PROCLAMATION: Declaring May 2023 as Older Americans Month in Boulder County

Proclamation recognizing May as Older Americans Month in Boulder County. The 2023 theme is Aging Unbound, which offers an opportunity to explore diverse aging experiences and discuss how communities can combat stereotypes. Presented in both English and Spanish. 

Presenter(s): 

Niccolle Mascarenas, Community Services Department

Christine Vogel, Community Services Department

Lindsay Neville, Community Services Department

9.

CONFIRMATION OF EXECUTIVE SESSION TOPICS

9.a

BCHA Executive Session (April 25)

The Boulder County Housing Authority Board held an Executive Session on Tuesday, April 25 to receive Legal Advice related to the following topics:

1.) Issues related to finalizing agreements for financial closings of Willoughby Corner Phase 1A and 1B

2.) Eagle Place revised purchase option  

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

Presenter: Cecilia Lacey, Commissioners' Office

9.b

BOCC Executive Session (April 26)

The commissioners held an Executive Session on Wednesday, April 26 to receive Legal Advice related to the following topics: 

1.) Suncor Energy (U.S.A.) Inc., et al. v. Board of County Commissioners of Boulder County, et al. (US. Supreme Court Case No. 21-1550)

2.) Bella Health and Wellness v. Weiser (U.S. District Court Case No. 1:23-CV-00939)

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

Presenter: Cecilia Lacey, Commissioners' Office

[THIS BUSINESS MEETING ADJOURNED AT 11:10 A.M.]

10.

12:30 p.m. PUBLIC HEARING

10.a

Community Planning & Permitting Department:

Docket LU-23-0003: Prince Lake No.1 Dam Rehabilitation Project Limited Impact Special Use review to permit 22,532 cubic yards of non-foundational earthwork for the rehabilitation of Prince Lake No.1 Dam on an approximately 24.34-acres parcel along North 111th Street. The proposal is submitted by Obadiah Broughton c/o Boulder County Parks & Open Space (applicant/property owner) and is in the Agricultural (A) zoning district at 2595 North 111th Street, approximately 2,545 feet north of the intersection of North 111th street and Arapahoe Road, Section 26, Township 1N, Range 69W. 
ACTION REQUESTED: Decision

[THIS HEARING WAS CALLED TO ORDER AT 12:30 P.M. AND ADJOURNED AT 1:02 P.M.]

Planning Staff Presenter(s):

Abigail Scheuermann, Community Planning & Permitting Department

Applicant Presenter(s):

Obadiah Broughton, Boulder County Parks & Open Space Department

Justin Atherton-Wood, Boulder County Parks & Open Space Department

County Attorneys Present:

Erica Rogers

Liana James

Public Speaker(s):

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

• Moved by Commissioner Stolzmann
  Seconded by Commissioner Loachamin

  to conditionally approve Docket LU-23-0003 in accordance with staff recommendations, commitments of record by applicant, and with additional conditions as discussed and contained within the official record. 

  Carried Unanimously