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Home My WebLink About951044.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 22, 1995 TAPE #95-17 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 Centennial Center, Greeley, Colorado, May 22, 1995, at the hour of 9:00 a.m. ROLL CALL: MINUTES: CERTIFICATION OF HEARINGS: ADDITIONS: CONSENT AGENDA: COMMISSIONER COORDINATOR REPORTS: PUBLIC INPUT: WARRANTS: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of May 17, 1995, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Commissioner Kirkmeyer moved to approve the following: Public forum conducted on May 9, 1995: 1) Vacation of Bruno Avenue, Fort Lupton, Colorado; Hearings conducted on May 16, 1995: 1) Violation Hearings; and Hearing conducted on May 17, 1995: 1) Planned Unit Development Plan, Continental View Ponds, Go Jack Olberding, Bill Bedell, John C. Widerquist, and Terry A. Henze. Commissioner Baxter seconded the motion, which carried unanimously. There were no additions to the agenda. Commissioner Webster moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. No reports were given. No public input was offered. Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 168,907.86 Handwritten Warrants: General Fund $ 5,000.00 Payroll Fund $ 913.69 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion, which carried unanimously. 951044 BC0016 BUSINESS: NEW: CONSIDER DUST BLOWING COMPLAINT AGAINST TED OSTER - N'AN'% S6, T3N, R65W: Bruce Barker, County Attorney, explained he received a telephone call on May 11, 1995, from Kevin Derro, Agricultural Products, Inc., complaining about dust blowing from a farm owned by Benjamin Knaub and farmed by Ted Oster. He stated Donna Nelson, Brighton Soil Conservation District, was contacted and submitted a letter including findings and recommendations. Ms. Nelson was present and explained there is erosion on both the Derro and Oster properties. She stated Mr. Oster has agreed to put the field back into alfalfa after oats, and Mr. Derro, whose farm is in potatoes, has already taken some preventive measures. After further explanation, Ms. Nelson reiterated Mr. Oster agrees to replant the areas which have blown out and are light, and both parties agree to sprinkle in the interim. She stated Mr. Oster's oats should be reestablished within seven days and noted most blowing was due to the dry winter and rough winds. Mr. Oster expressed his frustration and noted this is the first complaint he has ever had against him. He also noted other farmers, including Mr. Derro, are causing problems with blowing soil and requested they, too, be put under Soil Conservation Service supervision. Chairman Hall noted the second part of the recommendation includes such supervision for Mr. Dent. Mr. Barker suggested information on Mr. Derro's other properties be submitted to the Soil Conservation Service for follow up. After further comments and suggestions from the Board, Mr. Oster agreed to all matters in the Soil Conservation Service's letter. Chairman Hall reiterated that Mr. Derro also has erosion problems which should be taken care of with corrective actions and that Mr. Oster talk with the County Attorney after the meeting about other issues. Commissioner Baxter further explained the dust blowing complaint process and reiterated the need for Mr. Oster to talk with the County Attorney as well. Mr. Derro stated he initially tried to have a conversation with Mr. Oster and work this matter out in good faith; however, they were unable to communicate, thus resulting in the dust blowing complaint. He noted he has tried to work his ground to control it, but it was not possible. Mr. Derro stated all 2,600 acres of his farms are under Soil Conservation Service plans. Sylvia Gillen, Supervisor for the Soil Conservation Service, stated Mr. Derro's land will be under "status review" in the Spring of 1996 due to farming potatoes for two years and since it is under an approved system. Mr. Derro agreed to continue to work with the Soil Conservation Service. Mr. Barker suggested the Board make a finding concerning the dust blowing issue and noted both parties have agreed to do as recommended by the Soil Conservation Services. He reviewed the criteria for the Board and suggested the matter be continued to allow voluntary compliance. Ms. Nelson confirmed the potential for blowing exists until the crops are established, which were drilled on either May 18 or 19, 1995. She reiterated both parties agreed to irrigate the ground if it starts blowing again. Commissioner Kirkmeyer moved to order treatment which both parties have agreed to and continue this matter to June 19, 1995, at 9:00 a.m. to allow remedial action. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER AGREEMENTS FOR SAMPLING AND ANALYSIS OF DRINKING WATER WITH TOWN OF MILLIKEN AND CENTRAL WELD COUNTY WATER DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN: Judy Nero, Health Department, explained these agreements are in accordance with the fees established in Ordinance No. 82-M. The term is from January 1, 1995, through December 31, 1995, with the same format as last year. Commissioner Webster moved to approve said agreements and authorize the Chairman to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER AGREEMENT FOR PHYSICIAN ADVISOR SERVICES BETWEEN HEALTH DEPARTMENT AND MARK E. WALLACE, M.D. AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Nero stated this agreement is to provide general medical consultation to the Department Director and staff as needed. Dr. Wallace will be paid $65.00 per hour from January 1, 1995, through December 31, 1995. Commissioner Baxter moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. Minutes, May 22, 1995 951044 Page 2 BC0016 CONSIDER ORDER FOR PAYMENT OF REDEMPTION PAID AND RESCISSION OF PREVIOUS ORDER FOR ISSUANCE OF TREASURER'S DEED: Mr. Barker explained on May 1, 1995, the Board approved an order concerning Tax Sale Certificate #91-00895/91, for James P. Boyle, Trustee for Myrtle V. Boyle Irrevocable Trust. However, the certificate was actually redeemed in March 1995; therefore, this order is for the amount to be paid, not for the deed. Mr. Barker referred to an affidavit signed by the Treasurer and further explained this order will rescind the first order and direct payment of $1,595.39. Commissioner Harbert moved to approve the order, and Commissioner Webster seconded the motion, which carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF HIGHWAY 392 BETWEEN WELD COUNTY ROAD 80 AND TOWN OF BRIGGSDALE FOR ROAD RECONSTRUCTION: Commissioner Baxter moved to approve said closure, and Commissioner Kirkmeyer seconded the motion. It carried unanimously. CONSIDER REPRESENTATION AGREEMENT WITH UTILITY AUDIT SERVICES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden noted the Board had reviewed this document by pass around. The agreement will provide a company to review utility bills at no cost unless a problem is found, which will then be split 50/50. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER REQUEST TO TERMINATE PLOWING PERMIT NO. 90-5 AND RELEASE OF COLLATERAL - CURTIS: Mr. Barker explained this property was put back into grass and meets the Soil Conservation Service's requirements as verified by a letter dated August 1, 1994, from the West Greeley Soil Conservation Service Office. He suggested, therefore, the Board extinguish the plowing permit and release the restoration bond held as collateral. Commissioner Baxter moved to approve said request and release of collateral. Commissioner Webster seconded the motion, which carried unanimously. PLANNING: CONSIDER ACCEPTANCE OF COLLATERAL AND IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENT FOR PRIVATE ROAD MAINTENANCE - CONTINENTAL VIEW PONDS PUD: Mr. Barker referred to a memo dated today from Lee Morrison, Assistant County Attorney, which Gloria Dunn, Planning Department distributed to the Board. Ms. Dunn stated S #377 was approved last Wednesday and an irrevocable letter of credit in the amount of $91,000.00 has been provided for culdesac improvements. Commissioner Baxter noted he received a call about flooding in the subject area and said matter was referred to Public Works. Commissioner Harbert moved to accept said collateral and approve said agreement. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER RESOLUTION RE: CORRECTING DATE OF CONTINUATION SET FOR PROBABLE CAUSE FOR SUP #454 - DUCKWORTH: Commissioner Kirkmeyer suggested said resolution be published in the Fort Lupton Press and moved to approve with that correction. Commissioner Webster seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. There were no ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, May 22, 1995 951044 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:45 a.m. tr.% to the Board BY: Deputy Clerk to he Board BOARD OF COUNTY COMMISSIONERS W D COUNTY, CO O' .O $HaIIhairman ohitt LI JA a�a J. Kirkmeyer ro-Tem�/ (/ Geof�et=. Baxter Constance L. Harbert ILA] 6)41, 1/ W. H. Webster Minutes, May 22, 1995 951044 Page 4 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO MAY 22, 1995 TAPE #95-17 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 22, 1995, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Director of Finance and Administration, Don Warden MINUTES: WARRANTS: s BY Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of May 17, 1995, as printed. Commissioner Webster seconded the motion, and it carried unanimously. Don Warden, Director of Finance and Administration, presented the warrants for approval by the Board in the amount of $109,926.87. Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert seconded the motion, which carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:50 a.m. to the Board eputy Clerk C• the Board BOARD OF COUNTY COMMISSIONERS D COUNTY, CO O Dal K. arbar . Kirkmeyer fro-Tem C George E(Baxter Constance L. Harbert C 951044 BC0016 Hello