MEETING OF THE BOARD OF COUNTY COMMISSIONERS BOULDER COUNTY

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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.]

 

 

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 February 28, 2023. 

The meeting was called to order at approximately 10:31 a.m. by Chair Claire Levy.


Commissioner Stolzmann was excused for Items No. 1 - 4.a and then returned for Item No. 4.b and the remainder of the items on today's agenda. Commissioner Stolzmann was also present for Item No. 3.f. 

2.
ITEMS TO NOTE FOR THE RECORD

 

2.a
County Attorney's Office: Certification of Planning Commission Resolutions Amending Boulder County Comprehensive Plan

This item has attachments. 
1.2023-02-23 BOCC_Certification_BCCP_Amendments-signed.pdf

-- Requesting letter certifying that the Boulder County Planning Commission held public hearings and voted to approve the amendments to the Boulder County Comprehensive Plan (BCCP) for: Planning Commission Resolution PC-2022-02: A resolution approving Boulder County Planning Commission Docket BCCP-22-0001, Environmental Resources Element Maps Update and Reprint of Comprehensive Plan Maps; and, Planning Commission Resolution PC-2022-01: A resolution approving Boulder County Planning Commission Docket BCCP-22-0002, Amendment to Boulder County Comprehensive Plan Housing Element, be noted for the record.

[Item No. 2.a was noted for the record.]

3.
COMMISSIONERS' CONSENT ITEMS

 
  • Moved byCommissioner Loachamin
    Seconded byCommissioner Levy

    to approve Commissioners' Consent Items No. 3.a through 3.e and Items No 3.g through 3.i. Item No. 3.f was moved to a discussion item and was voted upon separately. 

    Carried

3.a
Assessor's Office: Impact Assistance Grants (IAG) from Colorado Parks and Wildlife (CPW)

This item has attachments. 
1.PILT Grants Explanation for BOCC Agenda.pdf
2.Boulder County IAG 2022.pdf

-- Seeking approval to apply for the Impact Assistance Grants (IAG) from Colorado Parks and Wildlife (CPW). 

3.b
Community Planning & Permitting Department: US 287 Median Barrier HSIP Grant Application for FY 26

This item has attachments. 
1.BOCC Memo US 287 HSIP Grant Application.pdf
2.HSIP_FY2026_Application_Form_US 287 Median Barriers for 2-28-23 BOCC meeting.pdf

-- Staff are seeking approval to submit a grant application to fund a concrete median barrier and rumble strips for two sections of US 287, in what is currently a lightly-used two-way left-turn lane.  

3.c
Community Services Department: Worthy Cause IV 2021 & 2022 I Have a Dream Foundation Funding Agreement ($175,000)

This item has attachments. 
1.302556_WC IV I Have a Dream, $175,000.pdf

-- Worthy Cause funds awarded in 2021 will be used to assist with debt relief on the capital purchase of the I Have a Dream Foundation facility at 5390 Manhattan Circle in Boulder. Worthy Cause funds awarded in 2022 will be used for renovations including heating and air conditioning costs, as well as flood mitigation. 

3.d
Community Services Department: Worthy Cause IV 2023 Habitat for Humanity ($150,000)

This item has attachments. 
1.302555_WC IV Habitat for Humanity_$150,000.pdf

-- Worthy Cause Funds will be used to purchase and build permanently affordable rental units (5-bedroom house) for long-term AmeriCorps volunteers.

3.e
Community Services Department: Worthy Cause Subordination Agreement - Senior Housing Options/Colorado Housing and Finance Authority

This item has attachments. 
1.Worthy Cause Subordination Agreement__Senior Housing_CHFA.pdf

-- Subordination agreement for 2012 Worthy Cause award for capital construction of a 25-unit apartment at Cinnamon Apartments, LLLP.  Original award to Senior Housing Options. Property address 1333 Cinnamon Street, Longmont, CO 80501.

3.f
Information Technology Department: Microsoft Corporation Renewal (NTE $1,299,944.37)

This item has attachments. 
1.2_22_23 Procurement Cover Sheet (No Summary) 3-2020 (COVID-19) (5).pdf

-- This agreement is a new 3-year agreement with Microsoft that covers Microsoft SQL DataBase Licenses, Email, Microsoft teams, Visio, Project, and many other licensed products Contract Amount $1,299,944.37.

Presenter(s):

Paul Jannatpour, Information Technology (IT) Department

Dave Arlington, Information Technology (IT) Department

Item No. 3.f was moved to a discussion item and presented after Item No. 4.i. 

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

3.g
Parks & Open Space Department: Contract with Otak Inc (NTE $500,000) OFS 302577

This item has attachments. 
1.2023_BOCC_OFS_302577_OTAK.pdf

-- Professional Engineering Services, Civil, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between Otak Inc in the amount of $500,000. SOQ NO. 7369-22

3.h
Parks & Open Space Department: Contract with JVA Inc (NTE $500,000)

This item has attachments. 
1.2023_BOCC_OFS_302412_JVA.pdf

-- SOQ NO. 7369-22; Professional Engineering Services, Structural, On-Call Basis for the Parks and Open Space Department Continuing Services Contract between JVA Incorporated in the amount of $500,000.  OFS 302412

3.i
Public Works Department: Contract Amendment with Welch Equipment Company ($169.00 plus parts)

This item has attachments. 
1.Amendment Welch Equipment.pdf

-- This is a two-year Contract Amendment with Welch Equipment Company for bi-annual forklift services for the fixed price of $169 plus parts.

4.
COMMISSIONERS' DISCUSSION ITEMS

 

4.a
Human Resources Department: Amendment to the Remote Work Policy

This item has attachments. 
1.BOULDER_COUNTY-328682-v2-Proposed_Revisions_to_Remote_Work_Policy_Feb_2023.pdf

-- We do not have any employees approved to permanently work out of state, and the County is not able to support that working arrangement at this time. Below is a request from Human Resources to amend portions (the full policy is attached) of the Remote Work Policy for clarity as follows:


B. Definitions


1.) Hybrid Remote Work


2.) Temporary Out of State Remote Work


3.) Full-Time Remote Work


C. Policy


Section 6.68 Remote Work Policy


An EO/DH may allow a small number of Boulder County employees to remote work on a full-time basis provided the employees reside in Colorado. Such employees will not have a designated workspace onsite. Employees may be required to report for onsite work by their EO/DH or supervisor.


Section 6.7 Residency Requirements


Employees of Boulder County must reside in Colorado unless they have received permission from the HR Director and their EO/DH to live out of state. Employees shall not be required to reside within Boulder County.


Board approval is needed to amend the policy in the Boulder County Personnel & Policy Manual.

Presenter(s): Julia Larsen, Human Resources Department

  • Moved byCommissioner Loachamin
    Seconded byCommissioner Levy
    Carried

4.b
Office of Sustainability, Climate Action, and Resilience: Local Food and Ag Funding Recommendations

This item has attachments. 
1.Businuess Mtg Memo for Local Food Ag Funding Recommendations.pdf

-- Staff is seeking approval for 2023 Food and Ag fund projects.

Presenter(s): Tim Broderick, Office of Sustainability, Climate Action, & Resilience (OSCAR)

Commissioner Stolzmann joined the business meeting at Item No. 4.b and was present for the remainder of the meeting.

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

4.c
Parks & Open Space Department: Shea Water Acquisition

This item has attachments. 
1.BOCC -Shea Water 2-28-23.docx.pdf
2.Seller Signed Water Agreement.pdf

-- Staff is proposing to acquire 30.996 shares of Goodhue Ditch & Reservoir Company (Goodhue) and 1 share of Davidson Ditch and Reservoir Company (Davidson) from Michael Shea for $24,896.80.

Presenter(s): Sandy Duff, Parks & Open Space Department

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

4.d
Commissioners' Office: Appointment to the Board of Adjustment

This item has attachments. 
1.BOA appointments_22823.pdf

Presenter(s): Robin Valdez, Commissioners' Office

The following applicant was re-appointed to the Board of Adjustment:

Bill Walters (Member-at-Large)

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

4.e
Commissioners' Office: Appointments to the Citizen Review Panel

This item has attachments. 
1.Citizen Review appointments_22823.pdf

Presenter(s): 

Robin Valdez, Commissioners' Office

Ben Pearlman, County Attorney's Office

  • Moved byCommissioner Loachamin
    Seconded byCommissioner Stolzmann

    to table Item No 4.e to the business meeting on Tuesday, March 7 at 10:30 a.m.

    Carried Unanimously

4.f
Commissioners' Office: Appointments to the Historic Preservation Advisory Board

This item has attachments. 
1.HPAB appointments_22823.pdf

Presenter(s): Robin Valdez, Commissioners' Office

The following new applicant was appointed to the Historic Preservation Advisory Board:

Rachel Gart (Member-at-Large)

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

David Hawes (Member-at-Large)

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

4.g
Commissioners' Office: Appointments to the Intellectual and Developmental Disability Mill Levy Advisory Council

This item has attachments. 
1.IDD Council appointments 22823.pdf

Presenter(s): Robin Valdez, Commissioners' Office

The following new applicant was appointed to the Intellectual and Developmental Disability Mill Levy Advisory Council:

Nicolle Mascarenas (Member-at-Large)

The following applicant was re-appointed to the Intellectual and Developmental Disability Mill Levy Advisory Council:

Anita Speirs (Member-at-Large)

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

4.h
Commissioners' Office: Appointment to the Aging Advisory Council

This item has attachments. 
1.Aging Council appointment_22823.pdf

Presenter(s): Robin Valdez, Commissioners' Office

The following new applicant was appointed to the Aging Advisory Council:

Bill Walters (Member-at-Large)

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner Loachamin
    Carried Unanimously

4.i
Commissioners' Office: Appointments to the Technology Resource Advisory Committee

This item has attachments. 
1.TRAC appointments_22823.pdf

Presenter(s): Robin Valdez, Commissioners' Office

The following new applicant was appointed to the Technology Resource Advisory Committee:

Brian Zierlein (Sheriff’s Office)

The following applicants were re-appointed to the Technology Resource Advisory Committee:

Marta Loachamin (County Commissioner)

Christian Gardner-Wood (Elected Official)

Cindy Braddock (Elected Official)

Robin Bohannan (Department Head)

Judy Dvorshock (Department Head)

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner 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, March 1st 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.) Cole v. Boulder County (Case No. 22-cv-02457)

2.) Ramos v. Mayorkas (9th Circuit Case No. 18-16981)

3.) Oil and gas legal issues update

  • Moved byCommissioner Stolzmann
    Seconded byCommissioner 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
Commissioners' Office: 2023 Women's History Month Proclamation

This item has attachments. 
1.2023 Womens History Month Proclamation_ (002).pdf

[Item No. 8.a was noted for the record.]

Presenter(s): Gloria Handyside, Commissioners' Office

9.
CONFIRMATION OF EXECUTIVE SESSION TOPICS

 

The commissioners held an Executive Session on Wednesday, February 21st with County Attorney Ben Pearlman to discuss the following topics:


1.)  Potential waiver of conflict with Kutak Rock for work on Boulder Library IGA


2.)  Oil and gas legal issues briefing

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

Presenter: Cecilia Lacey, Commissioners' Office


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

10.
1:00 p.m. PUBLIC HEARING

 

10.a
Boulder County Housing Authority: General update to the Board of County Commissioners

This item has attachments. 
1.2023.02.28 BCHA Board Packet.pdf

(Staff Contact: Norrie Boyd) (Hybrid: In-Person and Zoom Webinar)


ACTION REQUESTED: Public testimony taken; no action requested.

[THIS PUBLIC HEARING OF THE BOULDER COUNTY HOUSING AUTHORITY WAS CALLED TO ORDER AT 1:00 PM.]

Staff Presenter(s): 

Norrie Boyd, Boulder County Housing Authority

Kelly Stapleton, Boulder County Housing Authority

Susana Lopez-Baker, Boulder County Housing Authority

Julia Ozenberger, Boulder County Housing Authority

Other Presenter:

Aaron Ness, Audit Partner, Eide Bailey LLP

Public Speaker(s):

Fred Simmons, Hwy 52 & Hwy 119 

[THIS PUBLIC HEARING ADJOURNED AT 1:58 P.M.]

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