Transcript

0:00:10All right. Commissioners, are you ready? Yes, we are. Thank you, Jeff. And we were recording. Good morning. Today is August 6, 2026. This is a meeting of the Board of County Commissioners of Boulder County. We have all three commissioners present in the hearing room this morning. We will start off with the R monthly general public comment period. And we allow, are we allot up to 50 minutes to take testimony from members of public on any matters that they are interested in, excluding matters that we will be hearing having public testimony on as a matter of record later on? For the reason that if you make public comment during this session, it's not going to be part of the record for any other docket that we may have. We do a lot of up to three minutes each. And we will take people in the order in which they have signed up. And it looks like we have Edward Yagi signed up first. He's in yellow.

0:01:18Is he not with us, perhaps. Hi, Chair Levy. Brianna Barber, Commissioner's Office staff at this time. Edward and Lauda are not in the Virtual meeting. So we can proceed to test. Thank you. Okay. All right. Then we will then go to test McDonald. The Public. Hearing. What's the subject of. It. I'll get to that one. We get to it. Good morning, Commissioners. Natalie Spring. Commissioners Deputy for the Record. It appears Tess McDonald had signed up for in person. And we're not seeing her in the room or online. Yeah, I realized that because she's not in purple. Nor is Kristen already. There's another already that I was thinking this was. No. Come forward, state your name for the record, OK. Hi, my name is Kristen Aldretty, and I'm a resident of Boulder County specifically gun barrel. I'm going to connect a disturbing national story to our local community. Not long ago, Springfield, Ohio was known for its factory closures and its shrinking economy, then thousands of Haitian immigrants arrived into the temporary protective status program. And the story completely changed. The governor Mike DeWine stated Ohio is on the move and Springfield has really made a great resurgence. Now with 350, 000 Haitian immigrants losing their legal protection to stay in this country.

0:03:03Flourishing communities like Springfield, Ohio will be in peril. Over the past week, Haitian Community members have begun to be summoned into ice offices for routine check - ins, and they walk out with shackled with an ankle monitor attached to their legs. The technology doing that built and operated by BI incorporated right here in Boulder County. Although BI is headquartered here in Gunbarrel. It's not a local company at heart. It's a wholly owned subsidiary of the GO group. One of the largest private prison operators in the country. Here's what most people don't realize. BI isn't just one contractor amongst many working with ice. BI is ISIS soul provider of electronic monitoring devices. Every ankle monitor GPS device and case manager tracking immigrants runs through this one company here in Boulder County. This is who Boulder County Community Justice Services also does business with. This is who we write checks to right here in Boulder County. There are at least half dozen other companies providing similar products.

0:04:24Thus, Boulder County has the opportunity to do the right thing and demonstrate that it has a moral compass and will not be compromised. So I urge you to implement ethical considerations into the county's overall procurement process. Have the courage that companies like citizens bank did or demonstrated. And don't do business with ice contractors. Please make our community proud that our elected officials stood on the right side of this moment. Thank you very much. Okay, thank you. I am going to just work through the list in order and then circle back up to the top to Mr. Yaki. Christelle Markovic. Can you hear me? Yes. Okay, perfect. Hi. So I'm here today to ensure the recent on - site observation in the readily layered by independent researchers are recorded. This observation indicate that Boulder continues to Alt, I hold application of Indo Ziflam. Youth Negative Impact with Abysside is having an ecosystem resilience. Viole Abusett spraying on Reddiel is supposed to control two species, not listic does AB on Corrado's Nocturne with Liz. Eh beh Chiguas and Allison. In addition to targeting low priority species, this expensive and armful application is planned for areas where this species do not threaten native plan communities growth on the piercing triviator and BCPOS property is negligible. Likely do two - doad conditions. Occasional

0:06:33patches of phallism, on disturbing, did not appear to be encroaching on native species. By focusing on shit was little from last year, our research team also confirmed prior findings, but sheet grass is never expanding nor major ecological concern in Boulder County, including After Fire. Furthermore, we were impressed by the quantity of native plans growing through and the man slithered in most terrier, suggesting that native plan species were cohabitating with or even uncroaching on she grass. I would confidence in the health of native plant communities, in the ready layer did not extend to unburn areas treated with five website, including in the Z Flam. And glyphosate in 2018. We not need expansion of Chidwatch Cover into the treaty, dynamic patches of 2025 Chill Guys Gof. We've literally infiltration from other plant species. In addition to the expansion of Chidwise with treaty daria and expensive patches of background, suggesting unusually hydraulic stress. And finally, I also want to express, I would gratitude to Commissioner Stoltzman for understanding of science and for listening to the knees and the voice of a community. Politicians like her will be the ones to reconcile citizens with politics. Thank you. Okay, thank you. Next we have Lynd Siegel. My grandson gave me the... Lyn, please. Lynd Seigle, my eight - year - old grandson gave me the best compliment I could ever

0:08:36have, which is... Aren't you. I'm curious. Why the county would not tell me. Why they gaslighted me on my retrofit. I'm curious. I don't really care if I go to my death being cold and warm, you know, in this environment. I don't really care about that. What I care about is honesty of people. What I care about is like when Rachel friend, our new county treasure lied about me. And I can't even talk to her until my six months of my agreement with the justice center is up. About me following. And shoving her. I can't even find out why she did. My Jewish friend say, oh, it's obvious because I support Palestine or because of the other things municipalization or CU South. But I want to hear from her why she would do that. I'm curious. I'm curious. Why the county gaslighted me. Why.

0:09:59Why did they do that. Why did energy smart not answer me when I asked them. Why did you drop the contractor I was talking with for the retrofit 10 years ago? Why? That's my question to you. Why? I'm waiting. I know Claire's looking curious. Like I'm curious. I'm really curious. I want to know this. And I've talked about this for two years now. To you every once a month. When I come up here and I've spoken to city Council about it because they administered the program that I waited a year to be authorized for. And is a complete disaster to my house and delays me waiting for them to fix it or remove it now. Because I don't know how I can go forward with my geothermal heat pump work until I know where I stand financially as part of that project that went unto my house that now has to be taken out. So I'm really curious. Why energy smart and David Hashmanji would not answer my question. And why Stellar said they dropped us because they were forcing us to do a solar install under adverse conditions. Line your time is up. Thank you. Uh, I did not want to interrupt you because you still had time, but we can respond later if any of us chooses to do that. Uh, Edward Yagi.

0:11:54We had it. And there he is. Okay. You're with us. Good morning. Are my audio and video all right? Yeah. Hello, can you hear me? Yes. Can you hear us? Yes, we can hear you and we can see you. Okay. Thank you. Uh. My name is Edward Yagi and I am co - owner of sixth generation family property in Alan's Park. Last year, Boulder County began illegally imposing noon improper on - site wastewater treatment system vacation rental licensing requirements and new one, authority, no due process, no evidence that the fee was based on actual administrative costs. Boulder County has obscenely violated multiple laws and refused to carry out its legal responsibilities, forcing taxpayers to file lawsuits simply to compel you to do your jobs. At least one such lawsuit was just recently filed with detailed and extensive examples of Boko's bad faith attached peer abuse.

0:12:58Years of litigation could cost tens of millions of dollars and damages and legal expenses that you force those you represent, including me and my family to pay while everyone can committed the wrongdoing gets off scot - free. This is wrong on every level under any circumstances, but in these days of financial desperation, the question has to be asked. What kind of people are you. At least 15 Boulder County officials were directly involved or had legal oversight over the OWTS gross misconduct to specialists in Boulder County Public Health? They're supervisor, five board directors, a specialist in the Land Use Department. His department head Dale Case mentioned in the lawsuit I just mentioned. The County Attorney, all three of you County Commissioners, also named in the lawsuit. And whatever financial technician physically processed at least 41 illegal fee collections. Yet six months after I brought this to your attention, there has been no explanation, no refunds, no accountability, and persistent refusals to release documents under the Colorado Open Records Act. At my last public comment on the morning of June 4, all three of you stated that you were meeting with the Board of Public Health later that day. At the start of that meeting, which is online, Commissioner Stoltzman tried to raise the matter of septic tanks if we have time. The reaction of everyone else

0:14:14in the room was titters and laughter. Your jers and chuckles are right there in the video at approximately 405 to 410. Commissioners leave me in Locomon, you and your coffee clatch buddies who you appointed to the Public Health Board seem to think that extorting illegal fees under the color of law violating multiple state statutes and systematically ignoring almost certainly felony level misconduct is funny. We taxpayers don't at least five Articles have been published in local media, but this deserves a national audience and that effort is ongoing. I hope the New York Times and John Oliver come through. You commissioners have a choice. Continue your cover - up in protecting the guilty or make your failures, support an independent investigation, refund the money and hold individuals accountable. This disgrace has gone on long enough. Did you discuss this matter of public health on June 4 after the public meeting and ended? Yes or no. And if yes, what was said. And stop just sitting there pretending you don't hear my question. This concludes my remarks. All right, thank you. Uh, we now have test McDonald here with us. Good morning, Commissioners. I just returned from Northern Europe. Oh, sorry. Test McDonald, sorry, it's been a rough morning. Lion's Colorado. Um, I just returned from Northern Europe.

0:15:38They had the same weeds as us. The static is natural and mimics nature, pesticide regulations operate under the precautionary principle, requiring manufacturers to prove a chemical is safe before it enters the market. Whereas the United States generally employs a reactive approach where chemical space. I am next. I'm number two. This is very disrespectful. Oh, I'm sorry, Laura. I didn't see that you had joined us, but since test has started, I'm going to let her finish. It's my time. I want to be. I'm controlling my time. I'm in charge of this hearing. You will get your time after tests. Could you please mute Laura? So test can finish. Okay, thank you. I'm sorry for the interruption. Okay. Um. Chemical's face a high burden of truth, of proof of harm before regulatory action is used here. Okay.

0:16:31In Scotland, Austria, Switzerland, Denmark. You can drink from the streams. We cannot, or after Apple Valley was Dallas to Rejuvra, a neurotoxin, a toddler broke out immediately in a full body rash, a mother of a fetus had abort her baby from a very rare genetic amygdala did not form cancer in thyroid disease were triggered from the November 1st, 2022 Ariel spray. Our neighbors are your precautionary principle. Removing TGRS with pesticides is foolish at best dangerous at worst. Our former fire chief Pete Zik said she grasses not a fire hazard is too short. Wildfire partners told Boulder County Parks in OpenSpace at the fire panel at the library in 2022 that Uzi Rejuver is weed mitigation. It's not fire mitigation. It is a straight up lie to say that brain sheet grass will mitigate fire. In fact, we have proof that it correlates with causing fires.

0:17:24Let's talk about the smaller water cycle first. moisture. It's called transpiration. Cutting down trees causes dosification. The other 50 percent comes from the ocean. Using highly flammable chemicals heats up the ground where weeds are trying to cool it down. Show me some independent research that shows pesticides don't cause fires. Our local independent research team that nine out of the 12 sites that Boulder County sprayed with rejuver caught fire within 12 to 18 months of application. Nebraska used Regera. The Larimer County Fire that was close to lions participated, restore Colorado 2022 and experiment with Ridjuvra could have contributed to the ablaze that affected so many of us. I'm sure you know this, but I'll say it again. Independent research means chemical companies aren't funding the universities doing the research. Let's focus on creating jobs using regenerative land management and permaculture methods that prevent deservation not cause it by the way cheat grass was a short - sighted solution to a problem a hundred years ago. Work with nature's process called succession. If you can do this, you'll reap the benefits better design and healthy ecosystems like in Scandinavia. The ask is to never use rejuver any other petroleum product, especially when the CDA review and the civil lawsuit is ongoing. Thank you. All right. Thank you.

0:18:51Uh, we'll now go back to Laura. Who had not joined us when I was running through the roster and she is now with us. You'll have three minutes. Hello. So it seems like not only you defraud your taxpayers, but you also continue investing in genocide. And scionist, stunge sinus, Ashley Stoltzman's last month said, Oh no, we don't invest. Okay, well sure if you don't invest, then I demand that you at least pass a proclamation about the genocide in Gaza by the settler colonial state of Israel. Because that is what is happening. That is what the majority of organizations, the UN and even Holocaust. Holocaust academics, even from Israel have said it's a genocide. So I want to hear from your words, Schultzman's, since you seem to address me many of this meetings, I want to hear it. Is here like genocide. And if so, are you going to condemn it? Because symbolic things matter, just like you pass a resolution for DApple and you pass a resolution for Black Lives Matter. Cause you did pass those, right? You didn't do anything for black people. Of course. Other than put those signs in your front yards and you put the resolutions, but symbolic things matter. So just like you passed this resolution, so I demand that you pass those now. And I want to talk about

0:20:18the glyphosate and the phosphorus. Yes. Sure. We're spraying things here. But if we're not talking about what's happening across the ocean with or money. And if it's because supposedly by the chosen people of God, bullshit, what kind of fucking God would choose people like that are shooting people that are sending quad copters, quad copters who have infrared sensors who know the size of who they're targeting. They shot a 10 month old baby. Who was breastfeeding at the breast of his mother. Do you not care about this? Levy Lochami Man Stolzman's specialty load shame, indigena, you're a vergüenza. Butchamin, you're a vergüenza to us. You know, this, what's happening in persons, what happened to our people and you're not saying one word. Shame on you. You don't represent Latinos or indigenous people like that. If you didn't even dare to condemn something that happened to your ancestors. So shame on you. And Levi, you did tell me, we had emailed that Zionism doesn't equal judaism. So say it loud and clear here. Say it to the people because what's causing more antisemitism is those people like Stolzman's equating both. Because now people are starting to hate Jewish people just because we hate Israel. I hate Israel for sure. I hate Zionists, but I do not hate Jewish people, but I can definitely have empathy and understanding

0:21:44for those that equate those two because of people like you who refuse to differentiate those two. And it's funny because the more Christian scientist than Jewish scionist. So not all sinus are Jewish. So stop that BS. Also talking about that baby, the abortion, I'm so sorry for that. And we also got to talk about Palestine. There was a once he found with nothing found inside because the whole body condensed. Your time is up, Laura? I don't care. Uh, we are now going to, uh, call for any additional speakers who were not able to join us. I don't see anyone in the hearing room and nobody has joined us online. Um, commissioners, we do have some time available if anybody wishes to provide any response to those that joined us. Sure. Yeah. I'm happy. Thank you.

0:22:33Um, I appreciate public comment. We've gotten hundreds of emails in the last week or so about a myriad of topics, including the budget deficit that Boulder County is in right now. And so I just want to acknowledge for a staff that it's been a complicated week, um, and we appreciate all the work that's being done in all of the departments and all of the offices to meet, um, meet public needs and especially right now given all of the federal impacts and the state impacts to, um, address all of those pieces. Uh, I also wanted to just board since we have just a couple of minutes. Just let you know that, um, Boulder County staff showed up in a really big way on Saturday morning for the Boulder County Fair Parade. And just wanted to share that because we had a lot of great feedback from Community members and some of our, um, spoke on Kaufman.

0:23:23Residents were out and things like that, which I just think is, um, it was just a good opportunity to be together and spend some time and just appreciate the volunteer work that put that flow together this year. I wanted to just address there was a question and we've gotten some emails, Chris and in regards to BI. And I did get a response back from the board would have to give direction to make a change with what was the sheriff's office, contract, uh, with BI and the work that's now being done at the alternative sentencing facility, also known as the Joe Pelly Center here in Boulder County on the ankle monitoring. But our director Rob McHannohan did respond because I've just forwarded those emails to her and she, um, said they're doing some research. So I have responded to some of the folks, Kristen, that have been asking about why Boulder County would contract. Um, with such a company. And so, um, but again, that would have to come from direction from the board. The other piece was about procurement practices. And so I'm happy to respond to that separately. We've had some conversation about that as well. Um, and then Edward, you and I got a chance to meet since the last monthly meeting. And I know that was out in an email CC with

0:24:37a group of folks. I just wanted to clarify that piece, um, the Public Health meeting, we ran out of time. And I think that's the complication with that annual meeting. Um, so we didn't get to actually a myriad of pieces that, that we had in questions. And I think that was what I've got for right now. Thank you. Okay. Great. Commissioner Stolzman. Okay. No, and I think Commissul Oshimen, you covered the things that I would have covered. So, uh, we will now move on to the next item on our agenda for this morning. And that is a public hearing on the town of Erie Road Change. We have Jack all lined up to do the, uh, text amendments related to grading. Are we, yeah, um, I think, let's see. I have to look, what's the agenda actually show for the order on that? I think the road name change is next. But, um, staff, it's okay if we go out of order, correct? It doesn't, I mean, jack's all set up. Uh, good morning commissioner.

0:25:42I was, yes, that would be fine with the way this was noticed this morning. Okay. Then yeah, since you're sitting there, you're all ready to go. Uh, we have Jack Shaheen with us this morning on Docket DC 25002. This is a text amendment to the Land Use Code related to Grading. Take it away. Thank you and good morning, Commissioners. My name is Jack She and a long range planner with Community Planning and Permitting. And today I will be presenting Docket DC 25002 textend to the Land Use Code related to Grading. Before diving into the goals of the update, I want to briefly explain why staff initiated this effort through our review of past earthwork applications. We observed that many projects requiring limited impact special use review. We're associated with residential driveways to access buildable residential lots. Because driveways are allowed by right unbuildable lots. They generally cannot be denied. With this in mind, staff question whether use review process for these types of projects was the most appropriate review path. And one and two evaluate whether a different review process would be more suitable. At the same time, staff recognized that the Grading Regulations had not undergone a comprehensive evaluation and more than 30 years.

0:26:58This provided an opportunity to assess whether the existing review processes thresholds and standards were still applicable or appropriately aligned with the types of earthwork projects being proposed today. That work ultimately ultimately led to three primary goals for this code update. First to improve the organization and clarity. Currently, earthwork regulations are spread across several sections of the code, including the definitions, accessory, use, regulations, zoning district provisions, and review process section. Staff are proposing to consolidate these requirements into a new activities section and regulate earthwork in a single location. This makes the code easier for applicants, staff, and the public to understand and use. Second is maintaining appropriate oversight. Staff reviewed past earthwork projects and found that the cubic yard metric alone does not always provide a complete pitcher of a project scale or potential impacts. The proposed update adds disturbed area as an additional review threshold and strengthened site plan review standards related to drainage, erosion, natural hazards, site disturbance, and environmental resources. These changes help ensure that potential impacts can continue to be identified and mitigated by staff. Third is scaling the level of review.

0:28:12The proposal directs smaller and moderate size projects into expedited site plan review referred to as ESPR and site plane review, also known as SPR. While reserving limited impact special use review or LU for the largest projects with the greatest potential for impacts. This streamlines review while maintaining oversight of more significant earthwork activities. The proposed update creates a new Arthurix section. Aligns review with project scale and impacts. It improves the organization and usability of the code. And we believe that this project meets these objectives. Now we're going to look at some data we use to inform the proposed regulations. Staff reviewed 109 earthwork projects processed through LU between 2015 and 2025. While removing projects related to the 2013 flood. So these large and unusual projects would not skew the data. The results of this form the universe of projects that we use to inform the regulations.

0:29:09First, we looked at how large projects were in terms of cubic yards, which is the current metric we used to direct a project to review type. Currently projects 50 to 500 cubic yards would be directed to site plan review and projects, uh, with over 500 cubic yards of earthwork would be directed to limited impact special use review. As shown on the screen, only 17 percent of LU projects were over 5, 000 cubic yards. Next staff looked at the same 109 LU earthwork projects and categorized them by project type. The projects were grouped into five categories. Residential infrastructure trails. Environmental restoration and other residential projects primarily included access roads, driveways, and foundation related earthwork associated with single unit dwellings. Infrastructure projects included egg ponds, ditch pipelines, drainage improvements and parking areas and trail projects included maintenance, expansion and accessibility improvements. While environmental restoration projects included things like stream and lake restoration. Residential projects accounted for 68 percent of all LU dockets we reviewed. This finding reinforce what staff had observed anecdotally before beginning this project. That is significant portion of earthwork projects. We're requiring LU, we're associated with residential development, particularly access and driveway construction. Because access is a necessary component of developing a buildable residential lot. Staff question whether a separate use review process and Board of County Commissioners hearing was the most appropriate review

0:30:38pathway for many of these projects. This analysis helped inform staff's evaluation of whether CERN Earthwork projects could be reviewed through SPR while maintaining the ability to effectively mitigate potential impacts. Next, we drilled down into the group of residential projects and identified the secondary purposes for these projects. Staff broke down the residential types by size of the project in cubic yards. Only three percent of these projects are over 5, 000 cubic yards At this point we knew that our most typical project is a driveway of less than 5, 000 cubic yards and that these projects were generally approved, which means that overall there is a level of acceptance of this use and so we can direct these projects to site plan review and minimize and mitigate the potential impacts administratively rather than evaluating the use itself through limited impact special use review. With this in mind, let's take a look at the changes staff I've proposed.

0:31:40Grading is currently regulated as an accessory use and addressed in several different sections of the code, including the definitions, zoning district regulations, and review process sections. Staff are proposing to replace the term grading with earthwork to better reflect the broad range of land altering activities regulated by the county. Staff also proposed creating a new activity section, section 4 - 519, and consolidating earthwork regulations into a single subsection within that section. This approach recognizes earthwork as an activity that typically supports a principal use rather than a land use itself in places a regulations in a section specifically intended for activities. Overall, these changes improve the organization, clarity, and usability of the code while making the regulations easier for applicants, staff, and the public to navigate. Earthwork projects are currently regulated based solely on the volume of material moved, measured in cubic yards, which is not always reflective projects overall scale or potential impacts. Staff evaluated several alternative thresholds, including slope disturbance, or yes, slope disturbance, percentage of parcel disturbed and total disturbed area. After reviewing past projects and parcel types, as discussed on the previous data slides, staff determined that the disturbed area combined with cubic yards provides the most effective and straightforward framework for directing projects to the appropriate level of review. As proposed, disturbed area would be added as a review threshold to better

0:33:07capture a project's potential impacts and ensuring more comprehensive evaluation. In the instance where either one of the review thresholds is exceeded, the next higher level of review would be required. Staff evaluated the existing site plan review standards and identified several opportunities to strengthen and clarify them. This is just one example of the changes proposed. The proposed amendment incorporates concepts and review considerations that are currently evaluated through LU, particularly those related to drainage, natural hazards, environmental resources and site disturbance. The revised SPR standards provide a clearer framework for evaluating Earthwork projects, utilizing this process, and allows a broader range of earthwork project projects be reviewed through SPR rather than LU without losing the benefits the LU review process provided in the past. This maintains appropriate oversight of these projects while simplifying and streamlining the process. This amendment is an example of how staff our strengthening the site plan review standards by incorporating more specific and enforceable language, establishing clearer mitigation requirements, and identifying the technical information that may be used to evaluate potential impacts. Here's what the draft thresholds would look like in the code in developing the threshold. We scaled both the cubic yards and the disturbed area to direct projects to an appropriate level of review. To evaluate whether the current earthwork review thresholds are appropriate, staff reviewed 109 LU earthwork applications process between

0:34:362015 and 2025. Based on that research, staff are proposing to increase the land use review threshold from 500 cubic yards to 5, 000 cubic yards. Under the proposal, smaller projects would continue to be reviewed through ESPR or SPR while only the largest projects would require LU review. It's important to note that the Board of County Commissioners would still maintain the ability to call up any SPR application for public hearing if additional review is required. Staff have reviewed the three criteria from 16 - 100 of the Code and believe that all three criteria have been met. Staff presented this docket to the Planning Commission on June 17th, and the Commission unanimously recommended approval of staff proposed tax amendments. The Commission asked staff to explore two changes which are detailed in the staff packet. I'm happy to go over that. If the Commissioners would like. Therefore, staff is recommending the Board of County Commissioners approved Docket - DC - 25 - 002, text mendment to the Land Use Code related to Grading. Thank you. Okay, thank you very much for presenting that to us. Commissioners, any questions?

0:35:51I do have a question. Thanks, Dr. being here for being patient on your presentation and sending the materials. So, and this is a curiosity and if you tell me this is just somewhere else is totally fine. When we talk about grading, one of the questions that I've had over the last five and a half years of Land Use Code here at Boulder County is specific to some of the applications that we've seen that. Around Grading, which you're proposing as earthwork. Where the development, it would appear in some situations may have raised the land. And I was looking for the language, and I'm just trying to figure out what you're proposing today addresses that concern of where people, like we're looking at, and we're saying, okay, massing and height, and we put all these regulations in, but it could happen that somebody would then add, I don't know, because that's not my area, right? But add height to the site. And I'm thinking that soil, I think Compaction, in there, something else. I just wanted to know if that issue, if it was clear enough, if that issue that I was concerned about in a result or outcome of our decisions up here, the dais, is that in this text amendment, or would that be a different place? Yeah, so we actually, um, three drafting this

0:37:22code. We were looking at the slight plane review standards and kind of how to beef it up. So we're proposing to move this activity out of, um, LU and into site plan review. And the reason why LU has been, you know, very helpful is because of the language has been easier to enforce stronger language than you can find an SPR when reviewing an earthwork project. Um, so we transferred a lot of that language into the site plan review standards. Um, and one of the things we struggled with was including everything like soil, compaction, um, all the. Many things I go into earthwork projects, including every single example. And I think it's in the, not exactly sure what SPR standard, but, um, let me see if I can find that. But yes, that is something we considered. And we also, um. Here we go. SBR standard nine. Project shall be designed to minimize site alteration. So that's one of the things. And then throughout this, also we, like when you're adding much more fill to a property, you can mess up the drainage. Or if you're removing cut from property, that's one of the biggest concerns that we've noticed overlooking over all these, um, staff reports over the years is that drainage issue is one of the biggest concerns. So that's why we tried beefing up

0:38:46the site plane review standards to address those in every way. I'm not sure if I answered your question. I believe you did, but I heard you say is that, that what I, my concern around the raising of a site in an earthwork project is addressed in the work that you're presenting. Okay. Yeah. That's fine. That, um, that's the only question I had. Thank you. Okay. Commissioner Stolman. Okay. Um, no questions for me either. Very clear explanation. So we will take public testimony on this. I see no one has joined us in the hearing room. We will go to online comment on Docket 25 - 002 text amendments related to grading and I see we have Laura Gonzalez who would like to speak to us on this matter. You'll have three minutes and start by stating your name. Laura Gonzales. I think it's ridiculous that we are even arguing about paving names, anything like this, but we cannot even address a genocide in Gaza. Or we're pouring millions of dollars and you three refuse to even pass a resolution, recognizing the lack of humanity, of us as a county of the United States, especially of Israel.

0:40:14The Jewish terrorists and the Jewish supremacists ethno supremacists settler colony. That's committing this genocide. And everything that's happening there is going to impact us here. You like it or not. The phosphorus being spread there. The glycerpet being sprayed there, it's going to impact us here. So what is the point of paving? What is the point of even caring for the city if all of that is going to impact us. And supplements, I don't even know if you're grinning or not truly. You are some kind of evil. For refusing. To recognize this genocide. And for continuing to play victim. Like if anyone's being anti - Semitic just for talking about it. Which people are not falling for that anymore. You know, people are not falling for that anymore. And what an injustice to have given Mohammed Solomon. I don't know how many consecutive life sentences plus 2, 000 years were not even serial killers in this country have gotten that much. I repeat serial killers. Her murdered a lot of people in cult let it hands have gotten that much. So this town is a shameful scientist town crattle, honestly. And he should not be a refuge for people who support genocidan protocols happening around the world. We should not be discussing pavings. We should not be discussing names. We should be discussing the issue of

0:41:43her lifetime. This is the lithmus test of humanity. And you three are failing at it. And what Shamimi doesn't even seem like you're listening. You're taking notes. So listen. Cause that's what my text is pay you for. For you three to fucking listen. And represent us. The majority of people want this genocide to end. The majority of people in this country, even Republicans and MAGAs and conservatives do not want to continue investing in the genocide of the Palestinian people. They want us to invest in us. And it will not shut up about this issue in every way that I can until you address it and stolence. I asked you to address it after a public comment. And every time you address something that you don't like, you definitely talk to me about what I talk about, but you refuse to talk about, is it a genocide? Do you recognize it as a genocide. And levy, I asked you too. He said, Lima, the assayonism is not jurys. I'm say it publicly. Say it to your French Toastmans who likes to equate it. Oxionism. Fuck Israel.

0:42:45And same on all of you for not talking about the genocide in Gaza. Okay. Thank you for your comments on this docket. We, um, okay, Lyn, again, we are speaking to change on related degrading. Yeah. Um, I support, um, the previous speaker, Lara Gonzalez said. And what's more, um. Free Palestine. And then we will have plenty of money to pave Erie or to do whatever we're doing in Aray, whatever came up on the Syrian. It's all about fans. And it's getting very, very bad. As we know from the County. Budget and the city budget. So what are we going to do. Because while we're trying to do all these things, we're just going to be completely obliterated. By atomic bomb. Seriously. It's that bad. And I want to live for my eight - year - old grandchild. To the end of my life naturally.

0:44:20So please reconsider Palestine too. I mean, the city did a declaration about anti - Semitism. Tonight, I'm going to ask them to remove it. Not because I don't believe in it. I'm Jewish. But to remove it because they didn't equate to the other side too for a declaration or a resolution on Palestine. Why would that be. What possible logic could explain this. What logic could explain the people that attacked Beth putting up the signs at our four corners protest every Saturday. Like this last Saturday and now having to generate a lawsuit with a lawyer that worked on CU South Development 25 years ago, I found out David Eason. Why do people have to go to this extreme and divisiveness in our community when we can all be together that killing and whether you call it a genocide or a geocide. And whether you call it on cheat grass. Either way, it's death. It's people being harmed. My mother died from rocky flats. She didn't die being a mom. She died from being exposed to the same stuff my dad was bombing in World War II, you know, the same thing. So think about the larger global picture and where you sit on it. And the power and influence that you have to really affect what goes on. Internationally. It's very important to hear it. Time

0:46:10is up, Lynn. Thank you so much. I don't see anyone else in the hearing room or online. Who wants to speak to this case? So we will close the public hearing. Commissioners, any other, um, Jack, go ahead. Yeah. I just had one, uh, clarifying remark. Bit off my game this morning. We measure, so we already measure development review projects, uh, it's measured from existing grade anyways. So if we, they were to put a bunch of, you know, infill in or something, uh, we would still be measuring the height of new structures from existing grade, not from the proposed final grade. Thank you. Okay. So what you're saying is my concern about, because that's my interpretation as well as when we're here talking and we're talking with applicants, et cetera, that we're starting at existing grade.

0:46:59So in a situation where the existing grade changes during the earthwork process, that would be a violation or some other process for an applicant to resolve with Boulder County. And that concern that I was sharing is not part of this particular tax amendment process. Correct. Okay. Thank you, Jack. Okay. Um, looks like we don't have any other questions for you. So, uh, Commissioners, we're ready to deliberate and take action on the stocket. I'm happy to kick us off if that's all right. I just would extend my thanks and appreciation to staff for working on this. Like this to me falls in our good governance category. Um, here at Boulder County really looking at our processes, making sure what we're doing is efficient, effective for Community members, um, cost effective, clear, um, and so while grading, um, might not seem like the most, um, glamorous thing.

0:47:53I think moving it to earthwork and really taking care to ensure that we do protect health and safety that we are concerned about the different things that we need to be for the health and welfare of the community, but that we do it in a really efficient, effective way. And I think you've presented this proposal well. And I appreciate your effort. So I would support moving forward. Great. Any other, um, questions or concerns before we put this, adopt this resolution, Commissioner. I don't have questions or concerns, but just to respond in our discussion and celebration as a board, uh, I agree with what has been presented. And the simplification of any process in local government, I think really is responsive. Um, and the other piece you talked about is just the clarity. And I think that's very helpful. Um, I am also in support of what's presented and just want to acknowledge the work of planning commission too and the share that you gave, but I had read it in the memo as well. So I didn't ask additional questions. Thanks. Great. Yeah. Um, likewise.

0:48:53Thanks for recognizing an opportunity to provide more clarity and also reduce the length of time and the expense to applicants of going through a hearing when, you know, it is kind of rare that we would have concerned about the, you know, the slope, the grading slope. And are we going to have erosion and excessive runoff, et cetera. And so the more we can do, uh, administratively without sacrificing the interest of the public, the better it is for everyone. Uh, so I think we're ready for a motion. We have approval of Docket DC 25002. Second. Okay. We have a motion. I think I might have said zero, zero. DC 25002, just making sure I said the right title. I have enough. Thank you. Still second. All right. So motion and a second is on the table all in favor. Say aye. Aye. Aye. So we have approved that. Thank you very much, Jack. Well now call Sam up Sam Walker for the next item on our agenda, which is a public hearing. Let me make AI go away on my screen. Uh, Public Herring on, uh, docket number RNC 26 - 001. And this is an application from the tone of Erie to change the name of a section of Isabel Road to Erie Parkway. Thank you for your patients in going out of order. And

0:50:21it's very nice to see you back here. Um, good morning, Commissioners Sam Walker. I'm waiting on my screen to. Yeah. We're just going to let it give it a sec to. Oh, it may be kick in. Try this. There we go. There we go. Okay. Apologies for that. Good morning commissioners. Sam Walker with the Community. Are you ready for me? Yeah. Okay. Uh, Sam Walker with the Community Planning and Permitting Department. I was the planar assigned to RNC 2600. Oops, we lost it. 01. The road name change. Oh. You didn't click keep changes. Oh. Do it again. I know how to use technology. I promise. There. And then I'm just going to close that. Okay. There we go. All right. So, uh, yeah, Sam Walker CPMP. I was the planer assigned to this application, RNC 26001 town of Erie, which is an application for road name change to rename the section of Isabel Road between US 287 and North 109th Street to Erie Parkway. This slide summarizes exactly what I just said. Uh, this is a Boulder County owned Public Right of Ways.

0:52:26Probably something worth pointing out. So our vicinity map, like I said, the section of road that's proposed to be renamed is between North 109th Street and US 287. So on this map in the next few maps, it's going to be just kind of indicated with that red rectangle. So here we can see that the section of the road is bounded by two parcels, one to the north and one to the south. The entire area around it is identified in the comprehensive plan as agricultural lands of national importance. Um, which reflects the fact that most of the parcels in the vicinity are agricultural parcels. Um, however, you can see its most obvious on this slide some grayed out areas to the northeast of the parcel. And those are within the town of Erie's municipal boundary, as is the section of, uh, what used to be called Isabel Road and is now called Erie Parkway directly to the east of the section that we're looking at today.

0:53:24The area is relatively flat. It drops slightly down as you move from east to west along this section. There is some floodplain in the area. Um, there's no identified geologic hazard to speak of. The county does own the parcel to the north through accommodation of outright ownership and conservation easements. And then finally we have the zoning map which indicates that this is in the agricultural zoning district. Um, this is the narrative that was submitted by the applicants, but the information that we haven't already discussed in this presentation. And this was the applicants map that was submitted with the application materials. It's just a different way of indicating that the road has been renamed to Erie Parkway east of 109th Street. The section between, uh, 109th Street and US 287 remains named Isabel Road. And I just took a few site photos. So this is standing at the intersection of North 109th Street facing mostly West and a little south along the section that is proposed to be renamed. And you can see the intersection with US - 287 just off in the distance. Uh, just a slightly different view so that you can get a sense of where the intersection is. And then panning around to the left of the previous photo or to the east. We're now looking mostly east in the little south.

0:54:42Um, at the section of the road that is part of Erie Parkway now and extends further to the east toward the town of Erie. And then this sign was there. So referral responses. I do want to note I received two different responses from the Colorado Department of Transportation, one of which came in pretty late. So I forwarded that to you all yesterday. Um, but both of the CDOT responses express no concerns with the proposal. Um, so in terms of actual responses, uh, I did receive two from our referral agencies, one from our access and engineering team. They did note that the existing road name could cause confusion. And that the proposed road name changes consistent with what I called the guide in the staff recommendation. And I'm going to have to read the full name in a minute because I do not have it memorized.

0:55:31Um, the, and then they also suggested that the town of Erie consider annexation. We can't require that the town of Erie annexes anything. And so that remained as a suggestion, not necessarily a condition of approval or anything like that. Um, I also got a response from the Parks and OpenSpace, the Boulder County Parks Open Space Natural Resource Planner. The natural resource planner had no environmental concerns with the road name change, but did have some cultural resource concerns in terms of just the historic nature of the area and the historic name of Isabel Road being a significant one and kind of the County's Cultural Geography. We also received two written comments from nearby property owners, both comments express concerns with the proposal and requested that the road name change be denied. Um, one of them, uh, noted that the only purpose behind this, according to them, was that the road name change would promote the town of Erie's brand. Um, and would allow real estate billboards to be constructed like they are along the rest of Erie Parkway. And then the second commenter noted that they had a centennial farm that was addressed as, uh, being on Isabel Road and that they would be required to change their address and they considered that Isabelle Road address to be a part of their historic farm use. And

0:56:49so they also requested that the road name change be denied. Uh, we received no concerns from our conservation easement management team, Excel energy, the mountain view fire protection district. Boulder County Public Health, of course, the town of Erie themselves expressed no concerns. And then, uh, like I mentioned a second ago, the Colorado Department of Transportation. And then we receive no responses from everyone you see listed in the middle of this slide. Okay. So the Land Use Code doesn't actually talk a lot about road name changes. Um, so we were kind of having to go out and find the different references in the code. So Article 3 112 of the Boulder County Land Use Code states that road name changes, uh, road names which cause confusion may be changed in accordance with the Boulder County roadway naming and housing numbering guide. And then also says to see transportation standards. So with regard to this specific part of the Land Use Code staff did find that the existing road name of Isabel Road between 287 and North 109th Street could be confusing. Someone's driving on 287 trying to follow road signs and they want to turn onto Erie Parkway. There's a quarter mile stretch where it's not Erie Parkway. Um, so that could be confusing. And we did find that it was sensible to, uh, allow this

0:58:11road name change because it makes sense to have the road name change at a major intersection like 287 rather than 100 Night Street a quarter mile to the east. So we found or interpreted the codes reference to the transportation standards to be referring to the county's multimodal transportation standards. So that's what the MMTS on the screen stands for. And I have the full text of the MMTS discussion of road name changes on this slide. Um, but the summarized version of the staff finding is that, uh, the MMTS basically says we shouldn't doplicate road names that would also cause confusion with road name changes. And we found that this proposed road name change would not duplicate some other name for a street or road in the county and would probably reduce confusion. And finally we have the guide, which again is the Boulder County Roadway naming and housing numbering guide. This is a pretty old document, but is still valid and is referenced in both the Land Use Code and the multimodal transportation standards. Um, so this slide and the next one have the full actual standards of the guide. And most of them just kind of characterize when you're planning a subdivision. What makes a road a road as opposed to a street or a cul - de - sac or, excuse me, not a

0:59:23Colossac circle or something like that. Um, staff found that the only real applicable criteria in this guide was number eight, which is in the middle of the screen. And it says other roadway designations shall be approved by the county planning department because a parkway is just another type of roadway designation. So staff found that the proposal met all of the applicable standards of the guide and that this proposed road name change is essentially allowed. So our recommendation to the Board of County Commissioners is that they approve this proposed road name change, RNC 26001 town of Erie. We did not have any recommended conditions of approval. I'm happy to answer any questions if you have them. Great. Thank you, Sams. I have one question. Okay. Commissioner Stolzman. On the 10974 property that is a centennial farm that's in the unincorporated area. It's not actually a adjacent to the section of road we're talking about renaming. It's actually a adjacent to a section of Erie Parkway. And so I would just wonder if you evaluated. The merits of their concern. So that was a bit of an internal discussion at the staff level that we never really reached a consensus on. So part of the application referral included a referral to, I think it was the Lafayette post office because they're the ones that would actually deal

1:00:46with addresses in this area. It's not clear to me or anyone that the staff level, how this parcel actually still has the Isabel Road. Right. Because they're on Erie Parkway already. Correct. All right. So it may not be relevant to what we're considering today. Because the section of road that they're not adjacent to the section of road that we're changing the name of. I will say it is correct. They are not adjacent to the section of road that we're changing the name of. I'm hesitant to say whether or not they would be actually have to change their address because I just don't know. I mean, it's possible that the previous road name change to Erie Parkway when they annex the road and change the name wasn't, um, correctly. Taken into account by the post office.

1:01:30But I guess for my perspective, that's not really what we're talking about today. I think that's fair to say. Okay. Thanks. Commissioners, look at me in any questions. I don't have questions. Thank you so much for the presentations, Sam. Yeah. I don't either. So we will now take public testimony. Oh, yes. Sam. Sorry. We do have the app representative of the town of Erie joining virtually. That wasn't sure. We did have anyone here. Thank you for that. Um, okay. We have Kelly Driscoll from the town of Erie. Happy to give you your time. Hi. Yeah. I don't have a prepared presentation. Sam covered everything very well, but I'm happy to answer any questions you might have. Okay. Do we have any questions for the town of Erie. I don't have any questions, but thank you for being available. I have a question. And I don't know if you stated your name for the record, but, uh, yeah. Does the town have any plans to annex this quarter mile of roadway. Um, I'll start with my name. Sorry, Kelly Driscoll, town of berry deputy director of planning and development. Um, we do not, um, and it was our legal counsel's advice that, um, we cannot annex just right of way that the, uh, adjacent properties would have to petition to annex. In order for the town

1:03:00to, um, to incorporate the right way. Okay. That was my question. Thank you. All right. Well, thanks, thanks for being here. So now we will take public testimony. Do we have anyone who has signed up to speak to this matter. And I see nobody. Oh, we do have two people who are interested in this issue. We will go ahead and take that Public testimony. I want to say this is a time to speak to these cases. And I know what we're about to hear. I think I have the latitude to disallow that testimony. I'm not going to exercise that authority that I have. Uh, in the interest of avoiding confrontation, but, um, but we are here for, uh, for Land use matters. And this is going to be part of the record of this case.

1:04:01So, uh, we have Lara Gonzalez who would like to speak to this road name issue. You'll have three minutes and start by stating your name. I am very offended by you assuming what I'm going to speak about, Livy, because instead of wasting time to be talking about the streets, if there's any contribution, why don't we change the name to free Palestine? Or I have other suggestions. Maybe we can change the name to things that matter like Land back. You know, maybe we can talk about land use. How are you actually creating relationships and creating true reconciliation and reparations with indigenous people here that you three benefit from of. Because you three benefit from genocide. Did you know that, La Chamim? Even if you're not white, you benefit from it. You're not indigenous in this land.

1:04:51You're just like me. We're both some type of settlers in this stolen land. That's been, you know, whose blood was shed on. And it wasn't shit on like 500 years ago, like in your story and my story. It was 150 200 years ago with the Sand Creek massacre. Why don't we name it that? Why don't we name it Sand Creek Massacre. Why don't we name it the Israel and the US are genocidal manions. Why don't we name it. I don't know. Three indigenous people here in Abayala and Palestine. Why don't we talk about things that actually do true matter to the people. Like Land back. What are you doing to do in a reconciliation with indigenous people. And it's funny how you all have it in your signature. You have this stupid asparagraph. Oh, we live in a rabbah ho uti and chiyan laid and all this 48 other nations. Like I don't care about your stupid signature. What's the point of telling me you stole my wallet, but you won't give me my wallet back. I don't want that stupid signature in your there.

1:06:07I want them back. Give us Land back. What are you going to do about that? At least recognize that through a damn street name. What do you name it that Arapaho Cheyenne yute. Why are we wasting time and resources? And that's another question I have. How much money are we actually wasting? How much of your salary are we wasting on talking about a streetening change. How much taxpayers dollars are we spending on this? That's what I want to know. And that's a question that I want to answer to today. Because that money we could be using it in the South Red Boulder Center. Because they want to close. Maybe we could be using it in or in house population who's dying of the heat because it's really hot out there. Or maybe you should name it. You know what? We're white supremacists and we don't care about black and brown people either here in Palestine.

1:07:01Why don't you just honest with who you are. Why don't you use name it white and Jewish supremacy. Or white terrorism. Or white and Jewish terrorism go hand in hand. Why don't you name it something like it truly represents who you are as Laura your time is up. Aaron Hengelo, please, um, state your name for the record and you'll have three minutes. Hi, my name's Erin Higler and my family owns the farm that sits at 109 74 Isabel Road. This is a centennial farm and has been in my family since the late 1800s. The farm was recently highlighted in history of Colorado's 150th where they come out and did a verbal interview with my dad discussing that agriculture history of the farm. To my understanding Boulder County is trying to preserve the agricultural history in the county. Our farm is surrounded by a lot of the Boulder County Natural Space and conservation easements. It does border 111th and Isabel Road. To the best of my knowledge. It is not been changed to Erie Parkway. The history of the farm, they address has been always 10974 Isabel Rogue. This is important to my family. We do plan on continuing to farm this land in the tradition to preserve the agricultural history of my family. Prince Reservoir is also located on the natural area as well to

1:08:34that area, which was named after my ancestors who helped really develop modern day irrigation for agriculture in Boulder County. And I just am here to encourage to not change the name. Um, it is the last piece. We do border Erie there, but we are in Boulder County. We've been proud Boulder County residents. For since the late 1800s. And yeah, I just, I think, uh, this would kind of wipe out a piece of history with this name change and certainly bid detrimental to the history of agriculture in the centennial farm. Thank you for listening to me today. I do appreciate your time, Commissioners. Okay. Thank you for sharing that with us. So we have now taken public testimony. We will close the public hearing. And Sam, any additional comments from you on this matter. Uh, hello commissioners. I just realized, I don't know if I completed a thought earlier. So I'll just clarify part of the application referral, the application, materials were sent to the post office that would send mail to these parcels or to the parcels in the vicinity of this section. And we did not receive a response. I don't think I said that part explicitly. So other than that, I have nothing.

1:09:51Okay. Thanks for that clarity. And, uh, Kelly, anything else from the town of areas, the applicant. No, thanks. All right. Thank you. Then, uh, we are ready to deliberate on this matter. Who would like to kick us off. I'm happy to kick us off. Um, just road names, um, generally speaking in the way I sort of think about approaching the issue is like, what is the purpose of naming a road in a large purpose of it is really so people can find their way. Um, I do think that it is confusing when roads, um, turn or bend or sway and they change names. I do think that causes confusion. And when people drive through the area, um, looking for Erie Parkway, they're likely coming from 287. So I do think that there's just some general wayfinding confusion that is created when you have a straight road that doesn't do anything but changes names. So I think generally speaking, having a consistent name across a long stretches, a good thing for wayfinding. Um, I will just say to Aaron, I understand what you're saying and really appreciate your comment and, you know, the commissioners do appreciate agriculture and are trying to promote it and support it.

1:11:04And are glad to have your centennial farm and very glad to have the history that your family's provided for the community and the contributions to the economy and to farming broadly is currently the road that sujas and she your property has been renamed to Erie Parkway. And so I hate to be the bearer of that news to you, like that, that has not, that is not something we're considering today. That is something that happened previously. And so I don't know how, um, through the process that, that wasn't done, um, at the post office or it wasn't done, uh, through your property, other property owners did go through a process of changing their address when that change took place. Um, but that isn't what we're discussing today. And I know that this may prompt additional actions on your part. But I think they likely should have been prompted previously. And so I am sorry for being the bearer of bad news. Um, on that front, uh, but I would recommend that we would move forward with the name change for the segment of road that is within our jurisdiction. Okay. Thank you for those thoughts, Commissioner Luchamine. Thank you. Thanks Sam for the information presentation. It was helpful to hear. I find that based on the criteria that was being requested meets all of those items.

1:12:17I don't have concerns about what's been presented. And I would support the recommendation. Okay. I understand also the reason for this request and it was analyzed based on the criteria in front of us. I, however, don't support this name change. This road is not in Erie. Yes, it does connect to Erie Parkway. But it's not an eerie. And we are, um, wiping out, um, quarter section by quarter section. Um, pieces of Boulder County history specifically, uh, these roads that happen part of our agricultural heritage and our cultural heritage in general. So, um, you know, this is, this is one where, um, I think we have the discretion, our consistent county attorney, Eric Rogers can correct me if I'm wrong. But we don't have property rights at issue here. And so I think we have the latitude to just say no. We don't want to change it. The name. We're happy with the name. Isabelle's a very pretty name. And I mean, I say that just to say it could be for a completely arbitrary reason.

1:13:32Um, but so I don't support it. Uh, I think a very ever gets into the position to annex it so that it's actually in the town of Erie. Then, you know, they would have control over it. But to have an unincorporated road, that the county maintains, the county doesn't improvements on. It serves, uh, properties that are unancorporated Boulder County and then to have it named after, uh, Erie. Just doesn't make sense to me. So I would not support this application. So having, um, gotten that off my chest. We're ready for a motion on Docket RNC 26 - 001. I would move approval of RNC - 26001. Second. We have a motion and a second all in favor say aye. Aye. Opposed. Nay. That is me. So, uh, this past is two to one. Thank you so much, Sam. And that brings us to the end of our, uh, business this morning. Uh, so we are adjourned.