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Home My WebLink About990894.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 21, 1999 TAPE #99-12 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, April 21, 1999, at the hour of 9:00 a.m. 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 Dale K. Hall, Chair Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner M. J. Geile Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners meeting of April 19, 1999, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES - EXTENSION ADVISORY COUNCIL, SHARON CLIFTON, AND DAN OSTER: Chair Hall read the certificates recognizing Sharon Clifton and Dan Oster,who were not present,for the record. Jim Smith, Extension Department, stated he will deliver the certificates. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. • 990894 iYYtR BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $266,959.00 Electronic Transfers -All Funds $397.09 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: Mr. Warden stated there are no new bids to present at this time. BUSINESS: NEW: CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE CHAIR TO SIGN - DOROTHY M. ZITEK, DBA HEREFORD PACKAGE LIQUOR: Bruce Barker, County Attorney, stated Deputy Ron Richardson expressed no concerns with this application. Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER AGREEMENT FOR GRADING, WEED SPRAYING, AND SNOW REMOVAL SERVICES AND AUTHORIZE CHAIR TO SIGN - TOWN OF BERTHOUD: Mr. Barker stated under this agreement, Weld County will provide grading, weed spraying, and snow removal for the Town of Berthoud and in return be reimbursed in accordance with the salary of personnel completing the services and the equipment used. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER GRANT OF EASEMENT AND AUTHORIZE CHAIR TO SIGN - WAYNE AND KRIS HOWARD: Mr. Barker stated this grant of easement is for a cul-de-sac located on Weld County Road 64.5 east of the Greeley-Weld County Airport. He explained this is one of several other easements being obtained due to runway extensions. Commissioner Baxter moved to approve said grant of easement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER DUST BLOWING COMPLAINT - SW'/,, S36, T5N, R65 (MONROE): Mr. Barker stated he received a dust blowing complaint from Clayton Holmes regarding property owned by Gerald Monroe, and gave a brief description of the location of the site. He further stated Michael Shay, West Greeley Soil Conservation District, has reviewed the property and has submitted a letter of suggested solutions. Mr. Barker stated Mr. Monroe is present to answer questions and explained the Board needs to make a finding and order based on five criteria listed in Section 35-72-103(1), C.R.S. Gerald Monroe, Sr., stated his family has farmed this parcel of land since 1936. He explained they grow vegetables and also have greenhouses. Mr. Monroe explained their crops produce heavy foliage which generally prevents blowing; Minutes, April 21, 1999 990894 Page 2 BC0016 however, this year has had more wind than normal. He explained they have owned the land for 63 years and they have had some problems with Mr. Holmes since he has moved in; however, they have not confronted him. Gerald Monroe, Jr., explained farmers must decide whether to spread fertilizer in the fall or spring, and if he had known it would be a windy year, he would have waited until late spring to fertilize his crops. Mr. Monroe, Sr., stated he does not object to planting a windbreak of trees along the north side of his property; however, he would like to keep the west side open due to the nice view of the mountains. In response to Commissioner Baxter, Mr. Monroe, Sr., stated in the past 63 years, they have not lost a crop to wind damage, and explained due to the type of crop, they work the soil and plant a month and a half early which prevents them from irrigating to control the dust blowing. Responding to Commissioner Kirkmeyer, Mr. Monroe stated initially the farm was 147 acres in size. Since that time it has been reduced to 22 acres and his son owns an additional 150 acres on which they plant vegetables and alfalfa. He further stated dirt from surrounding farms blow onto their property; however, he has not seen any damage as a result. In response to Commissioner Geile, Mr. Monroe stated Mr. Holmes did file one other dust blowing complaint in 1992; however, they resolved the problem and the complaint was dismissed. In response to Chair Hall, Mr. Monroe, Jr., stated they planted their crops this past Monday, and he does not anticipate any major dust blowing for the remainder of the year. In response to Commissioner Baxter, Mr. Monroe, Sr., stated the planting will help prevent blowing, they will keep the ditches clear, and if there is another dry period, they can re-ditch the fields. Chair Hall and Commissioner Baxter both commented it appears corrective action has already taken place and Mr. Shay's letter reports little if any damage. Commissioner Kirkmeyer moved to Find that none of the five criteria listed in Section 35-72-101(1) of the Colorado Revised Statutes have occurred and to dismiss said dust blowing complaint. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER DUST BLOWING COMPLAINT - NE'/4, S15, T4N, R64 (BOCKIUS): Mr. Barker stated he received a dust blowing complaint from Steve Foos regarding property owned by Walter and Carol Bockius, and gave a brief description of the location of the site. He stated he received a letter in support of the complaint from Eric Millage, surrounding property owner, as well as a letter from Mr. Shay of the West Greeley Soil Conservation District with recommendations to remedy the problem. Mr. Barker stated Mr. Bockius called yesterday and stated he has tilled the property to prevent further dust blowing, and added Mr. Bockius is not present for today's hearing. Mr. Foos stated he called Mr. Bockius regarding the dust blowing and was told they were trying to rent the farm and may not be able to address the problem immediately, so he offered to till the fields for Mr. Bockius. Later when he was ready to begin irrigation, his ditch had been filled with blowing dirt and that is when he filled his complaint and requested compensation for the money spent cleaning out the ditches. Minutes, April 21, 1999 990894 Page 3 BC0016 In response to Chair Hall, Mr. Foos stated Mr. Bockius has done work to most of the fields; however, his main concern now is being compensated for the damage done to his ditches. Mr. Barker explained the Board can only order remedial action; however, Mr. Foos does have the option of going to a civil court to claim his money. In response to Commissioner Geile, Mr. Foos stated he does not foresee any more blowing problems unless it rains and drys over again, and added Eric Millage will also testify to the problems the blowing caused earlier. In response to Commissioner Baxter, Mr. Barker explained the Board must determine whether any of the five criteria discussed in the previous matter are occurring and then issue an order to help correct the problem. Commissioner Kirkmeyer asked for a proposed date for completion of treatment. Commissioner Baxter commented action may not need to be taken unless there is more dry weather this spring. Commissioner Geile moved to Find that the soil is blowing from the land in sufficient quantity to be injurious to private property, that an emergency does exist, that the operation has been in existence for more than one year, that blowing can be prevented or materially lessened by treatment of the soil, and that property damage appears to be resulting from soil blowing. Commissioner Kirkmeyer seconded the motion with an amendment to include the three options listed in the letter from Mr. Shay, dated April 9, 1999, and require that the corners of the fields be planted into either a cover crop each year or permanent vegetation. She also asked for discussion as to a completion date. Mr. Barker suggested allowing seven to ten days to complete one of the three options. Commissioner Baxter stated the option to spread manure may be difficult to meet the deadline if they have to wait for someone to come and do the job. Commissioner Geile amended his motion and stated the treatment should be completed by May 1, 1999, and Commissioner Kirkmeyer agreed with the amendment. In response to Commissioner Vaad, Commissioner Geile stated his amended motion does include the requirement of meeting the last sentence cif Mr. Shay's letter regarding treatment of the corners. The motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, April 21, 1999 990894 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:50 a.m. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, CO ORADO ATTEST: ► ' i.'•'; EZ ,- \ Dale K Hall, Chair Weld County Clerk to the B.,d 18CI EXCUSED DATE OF APPROVAL j , I 1 ,,, i - Barbara J. Kirkmeyer, P,o-Tem BY: �. , � , � , p„ Deputy Clerk to the Boar &FV < �- a., , y eorg xter i . J. eile /ie"r/A4 //'1A\ Glenn Vaad - - Minutes, April 21, 1999 990894 Page 5 BC0016 Hello