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Home My WebLink About981066.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 24, 1998 TAPE #98-16 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, June 24, 1998, 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 Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer 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 Webster moved to approve the minutes of the Board of County Commissioners meeting of June 22, 1998, as printed. Commissioner Hall 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 Hall seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 981066 ec . f2Yn�i � ('IJ BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $231,587.80 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to present. BUSINESS: NEW: CONSIDER DUST BLOWING COMPLAINT - GENE AND CYNTHIA RINUS: Mr. Barker stated he received a complaint from Ruby Shaffer regarding her neighbor's property and dust drifting over the fence between their two properties. Mr. Barker sent a letter to Michael Shay, West Greeley Soil Conservation District, who submitted a letter of recommendation to the Board. A notice letter was also sent to Gene Rinus, owner of the property in question notifying him of this hearing. Mr. Rinus stated he attempted to plant oats and alfalfa last October; however, due to dry, windy weather and oil drilling on his property, the crops did not come in. Mr. Rinus stated he would like to reseed the property with natural grasses to help control the dust blowing. Mr. Rinus reported there is a pile of dirt along the fence line one or two feet high and he has the equipment to remove a majority of the dirt without removing the fence posts. In response to Chair Harbert, Mr. Barker stated the complaint was received June 1, 1998, and the problem has been on-going. Responding to Chair Harbert, Mr. Rinus stated he did speak with Mr. Shay and reiterated he does plan to reseed the area with natural grasses and is willing to work with Ms. Shaffer to solve the problem. Chair Harbert clarified Mr. Shay's detailed solutions in his letter and Commissioner Baxter stated seed can be planted along with the weeds to help prevent erosion. Mr. Rinus stated he has worked at eliminating Russian Thistle from the property and mows any remaining weeds. He suggested posting a temporary fence on Ms. Shaffer's property while he removes the current fence and levels the dirt. Ms. Shay stated she and her husband have been fixing fences on their property to corral their horses and cattle; however, the fence between their property and Mr. Rinus' is covered with dirt and the animals are able to cross over the fence. She stated this has been an on-going problem and Mr. Rinus has been unsuccessful with raising crops on this parcel of land to reduce the blowing dust because the soil is very sandy. Ms. Shaffer requested Mr. Rinus use his equipment rather than she and her husband paying to rent equipment. Mr. Rinus explained his property is not the only one in the area that has problems controlling dust blowing. Chair Harbert stated this situation can be corrected by following the recommendations as listed in Mr. Shay's letter. Mr. Barker explained according to State statute, the Board must find that and emergency exists, damage is being done to surrounding properties, the property Minutes, June 24, 1998 981066 Page 2 BC0016 owner has been negligent, and how the situation can be fixed. In response to Ms. Shaffer, Commissioner Hall stated there is an inconvenience; however, he does not feel an emergency exists, therefore, State statute does not apply and the Board is unable to issue an order to Mr. Rinus. Ms. Shaffer stated she feels this is an emergency because she cannot use this portion of her property to contain her animals. In response to Commissioners Baxter and Webster, Mr. Rinus stated there has been blowing dirt since October at various times. He further stated he does have the equipment to remove the dirt, the fence is owned by both parties, and is 125 feet in length. In response to Chair Harbert, Mr. Rinus stated he will be able to resolve the situation within a month. Chair Harbert suggested following the recommendations submitted by Mr. Shay and clarified if the situation is not corrected within 30 days, Ms. Shaffer will be able to resubmit her complaint to the County Attorney and a stricter action will be taken. Commissioner Baxter stated once the dirt is removed from the fence- line, it will need to be seeded with grasses to prevent it from blowing back into the fence. Commissioner Hall moved to dismiss the complaint and stated if the situation persists, Ms. Shay can resubmit her complaint to the County Attorney's Office. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR EARLY HEAD START GRANT PROPOSAL AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this is a competitive grant for the Early Head Start Program. Mr. Speckman explained they are requesting a grant in the amount of $800,000. Commissioner Hall moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER ENTRY UPON VARIOUS LANDS BY VEGETATION MANAGEMENT SPECIALIST: Commissioner Hall moved to approve said entry. Seconded by Commissioner Webster, 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, June 24, 1998 981066 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:30 a.m. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: y:+ r '�f �/ _T.. Constance L. Harb,41' Chair Weld County Clerk �th �icci � 1 ^��'! \c '! �i7►`, �, W. H. ebster, Pro-Tem BY: • Deputy Clerk toy orge . Baxter Z . a otlA- rbara J. Kirkmeyer TTT Minutes, June 24, 1998 981066 Page 4 BC0016 Hello