Transcript

0:00:02Good morning. Today is February 3rd, 2026. This is a meeting of the Board of County Commissioners of Boulder County. All three commissioners are present, and we are here for our weekly business meeting. We start with a couple of items to note for the record. And these are resignations from various advisory committees and boards that we have. The first is a resignation of Christian Gardner Wood and Sandy Jones from the Adult Protection Review Team. We have a resignation from the intellectual or developmental disability. Mill levy advisory, council, and that is Teresa Green. Who has resigned based on her position. The Parks and Open Space Advisory Committee resignation Janet George has resigned from that as a member at large. The resource conservation advisory board, resignation of Kathy Carroll as a representative of the town of Lions. And that brings us to our agenda sitting now as the Boulder County Housing Authority Board of Directors, and we have one item on the consent agenda may have motion. I'm happy to move approval, but I also have just a quick comment. Yes. There's a motion second. Okay, and discussion?

0:01:25Thank you very much. I support the consent agenda in just wanted to make a comment to staff just around that. Appreciate this and really thankful for the grant moving forward and just make it clear to community members and staff that there are still some approvals that have to take place following our policies and procedures from the financial standpoint. Thank you. Great, yeah, thank you for those additional comments. We have a motion in a second, all in favor. Aye. So we will move now to our consent agenda sitting back as the Board of County Commissioners of Boulder County may have a motion. Motion to approve the consent agenda. Second. All in favor. Aye. Which brings us to our discussion agenda, and we have an appointment, item 7A, Robin Valdez will present that to us. Good morning, Madam Chair, Commissioner's Robin Beldes with the Commissioner's Office in front of you. You have. An applicant who is asking for appointment to the resource conservation advice report. The applicant is Emily Walsh. She's a town of Superior Government Representative.

0:02:39We recruited for one additional position, and that was a member at large. At that time, we had two vacancies. For your consideration. Thank you, Robin. Any questions or discussion. I don't have any questions. Okay, then we're ready for a motion. Move approval of 7A. Second. All in favor. Aye. Thank you. Thank you. Thank you so much, Robin. And we have 7B. A discussion of herbicide spraying at Red Hill. Good morning, commissioner Shanna Peterson County Administrator. And I'm sitting at the presenter table just so it's for the ease of taking notes. I'm here to receive your direction. On behalf of the parks and open space team. Thank you. And I'm happy to kind of get us started. I had reached out to, and I'm looking at the deputy spot who's not here today with our deputy Natalie Spring at just to do some follow - up in regards board to our PMI that we had on January 21st. And that was an administrative meeting in regards to some of the concerns that had come from community members on Red Hill, not the full integrated read management plan for that discussion, but specifically about Red Hill. And so one of the questions that I had at that meeting was about pilot projects. And we also had an agenda and staff had brought a couple of proposals and

0:04:11we talked about some additional modifications and amendments to do that work. And then we ran out of time, if you remember, so just to kind of go back to what that meeting was. So from my perspective, the question around pilot projects, and could we do a pilot project at Red Hill actually never got answered. Instead, we talked about pilot projects in different ways from different perspectives. And then we moved into what staff had brought in as proposals, just trying to get through the meeting was kind of the way I received it. And so, and then after that, that same week we had a town hall in lions and heard some more conversation from folks'suggestions and questions around what a pilot project could look like. And so that was my ask too, and I'm keep looking at Natalie's not here. That was my Astonelle. If we could come back to that question, and my understanding is now we have a meeting that's scheduled on February 24th to get that annual update from Boulder County Parks and open space staff on the one year review of the integrated weed management plan. So my question really was just to ask as a board we could come to consensus in regards to the halting of spraying on red hill until we have, now that we have an agenda meeting

0:05:28for February 24th to hear the one - year review to hear what's happened around the different pilot projects to hear what's being anticipated in regards to 2026 so that then we can make a decision for the 2026 plan. So that was getting back to the question that I had started in that meeting we just never got back to. So that's my ask, and I know that's what we had to say. Okay, I was not aware that we needed to have any additional discussion. I thought that last action we had taken, I mean, we never actually took another action. It was the spring was planned. We discussed a little bit about it, but I guess I didn't realize that there was anything actually ripe for discussion or decision right now, but I guess it's always our prerogative to do that. If you remember, Commissioner Levy, you had to leave, we ran out of time and then you had to leave. And so then there was just two of us in the meeting. And so that for me was part of the complication of we didn't get to finish the discussion. So for my perspective, I'm supportive of waiting and continuing a moratory until we have the meeting on the 24th to hear more about pilot programs, progress, like what's going on, how's it going. It's been

0:06:48a couple of years since we adopted the plan. So I think that that's prudent. We also got a really interesting letter from Rocky Mountain Wild around a recommendation of a potential endangered species act issue. And consideration. And they encouraged us to look into a section 10. What is it called this? EPA section 10 incidental taking or something like that. I can't find the notes, right? In front of me, but I looked into that a bit and Boulder County does have a history. Of going through this process, which seems like a very good process because you look at alternatives, um, before implementing any program. So the single tree trail is the example I was able to find from, um, 2003 where we went through the process with the APA and look at alternative analysis and the impact of the endangerous species that are in the area and exhaust your options before making a choice that could have a potential takings claim. And it provides, um, benefit to the community, to the animals and can create some protection for the county from a liability standpoint. So I think we should pursue that in the meantime as well as understanding what that is as an option and whether or not that's something we should look at doing in this particular instance. I think Mr. Sellman, I think the

0:08:10item that you're talking about also, we've also received since the meetings and since the town hall. And I had also afforded that onto staff just for FYIN. Is that something else that they could potentially put into that update, even though I don't know that it's a specific item they were working on ahead of time, but I did get just response the fact that they were hoping to bring that back in that same update. So I think the several different items. That'd be great. As I cast my mind back to that meeting, uh, we were discussing whether the setbacks from, uh, active and waterways were sufficient, whether we wanted to increase that, whether we also wanted to include setbacks from inactive waterways or drainages, whether we wanted to change the buffer from the boundaries or residential properties, I think it was. That's where I thought we had run out of time. I did not think that we were, um, entertaining a change to our, um, to the policies that we adopted more that it was just to do some additional protections. I, following that meeting, following the town hall as I continued to do on all issues. I continue to try to educate myself and, uh, did, um, did speak with someone from, um, DAR. And I always forget what the initial stand for, you know,

0:09:40about, you know, what is the actual potential to do something different at Red Hill? What are they prepared to do? What do they have the capacity to do? What do they know that they can do? And, um, I think, I think it's fair to say that they have not ever worked on that scale of landscape, you know, 800 acres. They've done some work on smaller acreage. And so, uh, and I also spoke similar to our specialists in Parks and OpenSpace about, um, what the opportunities are and the need to do something specifically at Red Hill and the constraints that they would see on using grazing, which I believe is what DAR is really primarily going to proposing to rely on. And the concerns were that for cheat grass, Downey Brom, the thing that we're targeting, um, that there's a very narrow, like two or three weeks when, um, grazing is actually effective. And that there are a lot of logistical issues with trying to graze, um, that area in that compressed amount of time and actually have the ability to, you know, make sure the cattle don't bunch up in one place and move around and actually graze before all the other yummy stuff comes up that the, the cattle would prefer to eat. And they won't eat the cheek grasses if the other good

0:11:21yummy stuff to eat. And so, um, you know, I guess I thought, you know, in other areas of Boulder County, that might be an approach that we want to try. But I didn't see that as a viable option at Red Hill. I'm always open to other ideas, but, but I did not see that as viable option. I did ask staff. So, you know, what's the harm in waiting a year. And really making sure that we've been thorough in understanding what the various other options are. So we've waited all this time. We haven't done it. What if we wait another year? And really the answer is just with each passing year, there is less and less ability to revive the native species that are there. This is a B1 natural area which signifies. I don't have the vocabulary in front of me, but, but it basically signifies an area of biodiversity that is of global significance that this is not just, it was something we really like in Boulder County and is valuable to Boulder County, but it is valuable to the ecosystem in diversity in the world. And, um, and there's a potential for, for that to be lost. And so I, you know, I guess I, I went into that inquiry. Open to the idea that we would maybe take some time and just

0:13:08make sure, uh, because we do have so much concern in the community and came out of that inquiry. Feeling that this is still the right path to be on. I think if we wait for the presentation of the annual report in February, there's a very good chance that we will have missed the window in which application of in DASA flame would be effective. Because cheat grass, one of the ways in which it cheats other plant life is that it germinates very, very early. And, um, and sucks up the moisture and the soil depriving other later germinating, um, seeds of the, of access to that moisture. And so, and because it does germinate easy, early, um, it, uh, it's, the very short window in which you can actually effectively apply it and desiflame. So I think the practical effect of waiting would be that we do not take action this year. And we wait another year.

0:14:25Thanks for sharing and just following up on that. The issue that I see with spraying hundreds and hundreds of acres with what is still a chemical that we don't fully understand the effects of. It's a very new chemical is that we don't know all of the consequences that are associated with broadcast spraying this on hundreds and hundreds of acres of land. It took 40 plus years to understand the effects of glyphosate. It took 40 plus years to understand the effects of Teflon of PFOS of any number of chemicals. If you look at the history of chemical, um, farming and just chemicals and agriculture and society, we don't fully understand this. So if we did think it was something that we should experiment on, we should do it very small and controlled experiment, not spray it on our highest, most valuable global biodiversity significant area at large. What we do know is that it's toxic to fish. What we do know is that it's toxic to other aquatic species. What we do know is that it has an effect on native species on germination, on perennials, on annuals, on other things. And so we already know that there are a number of hazards associated with it.

0:15:35And it doesn't seem like a prudent course of action to move forward. I do think we should address the invasive species. And there are alternatives. And I continue to be frustrated that we haven't sought out alternative exploration we haven't, um, tried to scale up alternatives. And so that's what I think we should be focusing on. And so I think waiting gives us the chance to hear, what have we tried? What haven't we tried? How could we scale it up? How couldn't we scale it up? And then we can make decisions from there of what path we would want to follow forward. I do just want to speak to the concern about, uh, aquatic species. And migration of, uh, you know, chemicals, uh, through this oil and into waterways, et cetera, where it could do harm.

0:16:23In Dazaflam, as it's been studied in the soils that we have here in Boulder County, uh, binds to organic and sediments in the very most topmost layer of the soil, it does not migrate down to where, you know, you may have, uh, groundwater flows or anything else. It really very quickly binds, which is why it's effective and which is why it's effective for multiple years on the seed bank that resides in that very topmost layer of the soil. And, um, you know, that's another reason that I'm not so concerned about this particular herbicide being used on a broadcast scale. I might be concerned about some other kind of herbicide that we might propose to spray across thousands of acres, hundreds of acres. But, um, but this has been very closely studied. And so, you know, I recognize we have, you know, we have a very fundamental philosophical difference. Um, I, I don't, I am not one who, you know, who would want herbicides to be our first tool. I am not one who would just blindly accept the marketing of an industry that has a history of poisoning people, animals, uh, the soil and lying and covering up, um, I'm not one to do that.

0:18:01I just want to say, but, uh, but I feel that we've been very careful. We've been very prudent and diligent in selecting the course of action that we have selected. So, uh, I, you know, I continue to be there. I mean, I think as a practical matter, even now we may have missed that opportunity. I do not know that would be something that we would need Stephen Ryan hold here to address. But, um, you know, I guess I had thought about whether we should reopen this. And I, I satisfied myself that this was still the right course of action. Um, and so that's where I am. Thanks. I'll just respond really quick a couple of different pieces. Commissioner Le Vansomier comments. Just you're right. And some of the additional precautions and ideas that I was just trying to figure out what more could we do to be responsive to some of the concerns that we heard. And I think we did have some good conversation about that. The piece that, um, I appreciate you sharing some of the inquire that you had an opportunity to do after that town hall. And I totally agree and feel like that's where I had started in the January 21st PMI of, you know, I don't know at that 21st, what I said, I don't know what has been

0:19:23done in Pylo projects. And for me, because that's deep terrain was one of the areas that, um, staff back in 20, the end of 24 had shared was really creating some of the issues. My interpretation was we would be doing some of that work to understand as land management and to inform ourselves as Boulder County Land Stewards. And so the question for me is instead of getting in the details and the, um, kind of brainstorming and ideas, which I love. And I heard that you were kind of getting into as well. And myself as well talking with other community members and folks from DAR as well. Um, after that town hall was simply, that does not make expertise. And I also think that we, we, now that we have this meeting scheduled, that would be the time in my mind for a staff to come back and say, actually, we've been doing this. I don't know. They may have already put together a really great proposal in regards to this deep terrain. And we just haven't had an opportunity to have that conversation. So really that was all my ask was board because for me, from my perspective, that conversation didn't get, um, completed. My question didn't get answered. Um, and I've heard more just from the conversations that we've all been in the town

0:20:37hall or heard from. That there might be a consensus of waiting on the or stopping the halting the at red hill specifically. The drone spring so that we can have that conversation together on February 24th. And I do want to just be really clear. Prox and open space is going through some transition. Um, we have our ag division manager. We've been in that hiring more and now an onboarding process. We have a director who, um, retired at the end of last year. So I just want to acknowledge that I know the work that's been going on. There's just been a lot of transition. And so to me, that's also created some of the issues of just timing. And so now that we do have a scheduled meeting, that's the question that I have right now about, um, February 24th meeting. So commissioners, um, I'm hearing two commissioner direction to, um, commit to no spring at Red Hill in anticipation of a further conversation of the board. I also heard two commissioners reference the question about the endangered species act which we can provide information in that report that we'll go to you regarding the endangered species, act implications in our, um, integrated weed management planning efforts. And we will have expert staff available at that meeting. I too am not an expert in this area.

0:22:05Um, but have had a lot of conversations with staff about it. I think Commissioner Levy raises a fair point about timing. And so I want to check in with all of you on timing. The question I really have is for you, Commissioner Stolzman. I understand you may be traveling the week of February 23rd. And so I just want to make sure that that February 24th date is a date when all three commissioners are available to have this conversation. Um, if not, then I can work with your team on finding an alternate date that is still timely. Um, but make sure that all three of you can be present for that. Thank you. Um, for looking ahead at the calendar. Yes. I'll be lobbying, uh, in DC around human services and some other issues for the county. And so I won't be available for a meeting on the 24th. Okay. So let's just for the public record, um, acknowledge that February 24th is not going to be a date when all three commissioners are available for the conversation. Um, and I can work with your team to see if the, um, timely date when we can bring that back to you. In the meantime, staff is working to finalize that draft report. And I've taken down some notes on all of your questions and comments that

0:23:18I will share with them in order to be able to inform that draft report. And they'll be there to receive your questions and provide their expertise on land management when we can get that on the calendar. Thank you. Okay. Sounds good. Thank you, Jana, for joining us this morning for that discussion. We now have item eight, which is conservation or confirmation of executive session. Yes. Commissioner's been prominent county attorney. This is just a note for the record that the executive session topic that we noticed on January 27th was discussed as scheduled on the following day of the 28th. Thank you. And you want to take us on through 9 - 10, 11 - 12. Yes, there are four executive sessions that I'm hoping you can authorize today. The first item nine would have you sitting as the board of county commissioners, uh, to authorize an executive session on Wednesday, February 4th. At 12 noon. To be held pursuant to CRS 2464024F personnel matters. Um, concerning CFO Armando Guardiola. Move approval. Second. All in favor. Aye.

0:24:37Aye. Next, um, you would be sitting as the board of the boulder county housing authority. And that would be for an executive session to be held on Wednesday, February 4th at one o'clock pursuant to CRS 24 64024B legal advice. The topic being HUD requested review of housing voucher eligibility. Move approval. Second. All in favor. Hi. Next item 11 where you would be sitting as the Eldorado Springs Public Improvement District Board. This would be an executive session on Wednesday, February 4th at one o'clock. Um, held pursuant to CRS 24 6424B legal advice. The topic being the El Dorado Springs Wastewater treatment facility operations and special district transition. Move approval. Second. All in favor. Aye. Number 12 and finally 12 where you'd be sitting back as the board of county commissioners. Um, this would be another executive session held Wednesday, February 4th at one o'clock. Held pursuant to CRS 246 4024B legal advice. Same topic as above.

0:25:50The Eldorado Springs Wastewater Treatment Facility Operations and Special District Transition. Move approval. Second. All in favor. Aye. Okay. So we are now ready for our fourth quarter 2025 budget amendment requests. This is item 13 on our agenda. We have three requests to consider. Uh, welcome Emily. Nice to see you. Yes. Good morning. Emily Beam with the Office of Financial Management. Today we're requesting guidance from the board for three budget requests totaling one million, 30, 000 dollars. And this is for the 2025 fiscal year. The first request comes from the public works department. They're requesting a one - time budget increase of 149, 000 dollars This will be within the general fund under the public works, administration appropriation. This request is to cover remaining year - end operational expenditures related to stormwater consulting work. And the general fund does have sufficient fund balance to cover this request. Okay, any questions on this request. No, I don't have any questions. I move, we approve 13A. Second. Okay, we have a motion and a second, all in favor.

0:27:08Aye. Uh, the second request comes from the Office of Financial Management. We are requesting a budget transfer in the amount of 880, 000 dollars This will be moved from the general fund 101 Appropriation CS11, the community services appropriation. And this is to cover anticipated year - end payroll costs that are associated in the general administration of appropriation CO22. We do anticipate the need to account for year - end payroll accrual entries for fiscal year 2025, as well as the voluntary severance incentive package payments that participants elected to receive in January. These will be booked back to fiscal year 2025 according to accounting principles. The Office of Financial Management is recommending that we just transfer available budget from the CS11 personnel budget in order to cover the budget shortfalls within the other appropriation CO22. The underspend in this particular appropriation is related to unused funding associated with a new positions created, uh, for the alternative sensing facility. We have consulted the community services department and everybody's aware of the request. Thank you, Emily. I just received a note from Brianna Barber indicating that we do need to take public testimony on these items. I was not aware of that. Let's do this. Commissioner Stolzman, if you wouldn't mind withdrawing that amendment on 13A. I'll make a motion to reconsider 13A. Second. Okay, we have a motion

0:28:51to reconsider. In a second, all in favor. Aye. And I guess that's sufficient to go ahead and take that off the record. Emily, let's finish the presentation on all three budget items and then I'll open it up for testimony. Perfect. So that's it for request number two. The final request is for the Eldorado Springs Fund 121. The public works department is requesting a one - time budget increase in the amount of 5, 000 dollars under the El Dorado Springs LID appropriation ESL1. This request is a cover remaining year - end operational expenditures. And the fund does have sufficient fund balance of 36, 059 dollars in order to cover these remaining expenditures for the year. Okay, thank you, Emily. I apologize for not conducting this properly. So this is a public hearing on these fourth quarter budget amendments. We've now had staff's presentation on all three of them that are under up for consideration by the board. Is there anyone here with us who would like to speak to these three budget amendments? You're welcome to come forward at this time. And I see no one approaching the microphone. Uh, I will now go to those who have joined us online and welcome any of you who are with us virtually to raise your virtual hand and indicate that you want to speak. And if you've

0:30:26joined us by phone, uh, press star nine to raise your hand and be recognized. And Brianna, can you let me know whether there's anyone virtually who has raised our hand. Hi Chair Levy, this is Brianna Barber, Commissioner's Office staff at this time, that is raising their hand to give public comment. Thank you. Okay. Thank you very much. And thank you for catching that and making sure we've done this appropriately. So, uh, the record should reflect that there is no public comment on these budget amendment requests. So let's return then to, uh, any questions or discussion before we entertain motions. I don't have any questions. Emily, thank you. The last two comments you made on item two and three were exactly what I was curious about. So I appreciate that. Okay. So then let's just, uh, entertain a motion on 13a. Move approval of 13a. Second.

0:31:29Okay. All in favor. Aye. Aye. 13b. Move approval of 13b. Second. All in favor. Aye. And 13c move approval of 13c. Second. All in favor. Aye. Okay. And that brings us to the end of our business meeting this morning. We. Have no other, uh, meetings scheduled for the day. So we will adjourn. Thank you.