HomeMy WebLinkAbout20150603.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 2, 2015
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Administration Building, Greeley, Colorado, March 2, 2015, at the hour of 9:00 a.m.
IR ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Robert T. Frick
Clerk to the Board, Esther E. Gesick
Controller, Barbara Connolly
IR MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of February 25, 2015, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
IR CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously. •
IR PUBLIC INPUT: No public input was given.
BIDS:
leg 1) PRESENT BID #B1500052, O365 AND WINDOWS ENTERPRISE LICENSES -
DEPARTMENT OF INFORMATION TECHNOLOGY: Sam Penn, Department of Information
Technology, presented the five bids received and stated staff will make a recommendation on
March 16, 2015. Commissioner Conway inquired concerning the costs of the options and asked staff to
pay particular attention to that factor in their review. Mr. Penn explained the difference is a distinction
between a per user versus a per unit cost assessment.
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NEW BUSINESS:
el 1) CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - GARCIA FAMILY GUIDANCE, INC.: Judy Griego, Director of the Department of Human
Services, reviewed the terms and mentoring service provisions of the agreement. In response to
Commissioner Cozad, Ms. Griego stated she will determine why the terms were active as of
January 19, 2015, and send a follow up communication to the Board. Commissioner Cozad moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Moreno, and it carried unanimously.
2) CONSIDER AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND
AUTHORIZE CHAIR TO SIGN - H. CASEY DOWNS: Leon Sievers, Department of Public Works,
reviewed the terms and provisions for the purchase of right-of-way and the associated easement for a
total cost of $11,930.00. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
U 3) SECOND READING OF CODE ORDINANCE #2015-2, IN THE MATTER OF REPEALING
AND REENACTING, IN ITS ENTIRETY, CHAPTER 5 REVENUE AND FINANCE - ARTICLE IV
PURCHASING POLICY, OF THE WELD COUNTY CODE: Commissioner Conway moved to read
Code Ordinance #2015-2 by title only. Commissioner Moreno seconded the motion, and it carried
unanimously. Bob Frick, County Attorney, read said title for the record. Bob Choate, Assistant County
Attorney, stated there have been no changes since First Reading. Commissioner Conway moved to
approve Code Ordinance #2015-2 on Second Reading. The motion was seconded by Commissioner
Cozad, and it carried unanimously.
es 4) SECOND READING OF CODE ORDINANCE #2015-3, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, AND CHAPTER 3
HUMAN RESOURCES, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code
Ordinance #2015-3 by title only. Commissioner Moreno seconded the motion, and it carried
unanimously. Mr. Frick read said title for the record. Mr. Choate stated the changes are related to the
delegation of authority and there have been no changes since First Reading. Patti Russell, Director of
the Department of Human Resources, clarified her revision is specific to the pay period for the
Department of Human Services and there have been no changes since First Reading. No public
testimony was offered concerning this matter. Commissioner Cozad moved to approve Code
Ordinance #2015-3 on Second Reading. The motion was seconded by Commissioner Conway, and it
carried unanimously.
PLANNING:
Ig 1) CONSIDER RECORDED EXEMPTION, RECX14-0157 - CRUZ AND CARLINDA ESPINOZA:
Steve Elkins, Department of Planning Services, stated this application was administratively denied due
to the divided lot size of the proposed exemption parcels being less than 2.5 acres net which is the
minimum requirement per Section 24-8-40.L of the Weld County Code. Currently, the subject parcel
being considered for division is 4.66 net acres; further, the Code states, the Board of County
Commissioners has the authority to waive the size requirement and consider the request. Staff sent out
11 referrals and responses indicated no concerns. Mr. Elkins summarized the subject location,
surrounding land uses, and the three-mile referral radius which includes the City of Fort Lupton and the
Town of Hudson. He displayed photographs of the site and surrounding area. In response to Chair
Kirkmeyer, Mr. Elkins confirmed the lot sizes. In response to Commissioner Conway, he stated the
surrounding property owners are not required to be notified. Further responding to Chair Kirkmeyer, the
current well may be shared; however, the applicant will be installing a new septic system.
Minutes, March 2, 2015 2015-0603
Page 2 BC0016
Commissioner Cozad clarified the concern regarding less than 2.5 acres is in the event of leach field
failure and further stated the need for a Shared Well Agreement to prevent future disputes. Mr. Elkins
stated a Shared Well Agreement would be encouraged and the State referral indicated no concerns
with the proposal.
la Benito Espinoza, son of the property owners, stated he is working with a contractor regarding the
assessment of the area in terms of adequate space and depth needed for a new well. In response to
Chair Kirkmeyer, he stated should there be problems aquiring a new well, there is no concern with
sharing the existing well.
la Dustin Baker, contractor, clarified that there appears to be enough room for the new well;
however, they need a survey to confirm. In response to Commissoner Cozad, Mr. Espinoza indicated
the location of the ditch on the property to the east. In response to Chair Kirkmeyer, Mr. Baker stated if
there is not adequate space to meet setbacks, etc., there is the option of a shared septic system.
Mr. Espinoza confirmed his parents live in the existing house and he intends to construct and live in the
second residence. In response to Commissioner Cozad, Mr. Espinoza and Mr. Baker agreed with the
suggestion of adjusting the lot sizes so that at least one parcel meets the 2.5-acre requirement.
Carlinda Espinoza, property owner and mother of Mr. Espinoza, stated her daughter owns the
adjoining land and has no concerns with this proposal. In response to Chair Kirkmeyer, Mr. Elkins
confirmed the RE-3J School District is requesting $1,232.00 for the cash-in-lieu payment.
Chair Kirkmeyer stated she is not oppposed to the request because it is very close in proximity to
City of Fort Lupton and not detracting from irrigated farmland; however, she reiterated the benefit of
adjusting the lots to reflect at least one meeting the 2.5-acre requirement which would negate the
shared well or septic system. Further, she suggested modifying Condition of Approval #4.A (later
renumbered to be #6.A) and the Board concurred with adding the word "attempt" to address the
requirements of the school district. Commissioner Conway agreed with staff's recommendation to enter
into a Shared Well Agreement. Chair Kirkmeyer stated her recommendation for an additional Condition
of Approval (inserted as a new#4) to read, "Lot B shall be as near as practicable to 2.5 acres," to
prevent future disputes in the event the property is sold, and to allow the new Lot B to have its own
septic/well. Furthermore, the Board agreed to an additional Condition of Approval (inserted as a new
#5) to state, "The applicant shall submit a Shared Well Agreement in the event that it is not possible to
meet State and County regulations regarding minimum acreage requirements." In response to
Commissioner Cozad, Mr. Elkins indicated the existing access is along the eastern property line and
Condition of Approval #4.C (later renumbered to be #6.C) requires a Nonexclusive License Agreement
along CR 14 to the south. Mr. Espinoza asked for clarification regarding the acreage requirement for
Lot B to meet the 2.5-acre limit, and in response to Chair Kirkmeyer, Mrs. Espinoza stated her
agreement with the recommendation.
Commissioner Conway moved to approve the application of Cruz and Carlinda Espinoza, do
Benito Espinoza, for Recorded Exemption, RECX14-0157. Commissioner Moreno seconded the
motion and encouraged the applicant to pursue a 2.5-acre configuation to account for possible changes
in the future. Commissioner Conway agreed. There being no further discussion, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2015-2 and #2015-3 were both approved on Second Reading.
Minutes, March 2, 2015 2015-0603
Page 3 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORF}DO
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ATTEST: .dlJ aCLL,,,,/o 4 /1
rbara Kirkmeyer, C it
Weld County Clerk to the Board
EXCUSED
1 • MikeFreeman, Pro-Tem
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De Clerk to th Boary► �
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e A. C.zad ,
Steve Moreno
Minutes, March 2, 2015 2015-0603
Page 4 BC0016
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