Board of County Commissioners of Lincoln County

Agenda for March 31, 2008

9:00 Call to order and Pledge of Allegiance

9:05 Approve additional expense vouchers if necessary

10:15 Tim Andersen to discuss placing an issue on the ballot for a county lodging tax

11:00 Kevin Harris to request an exemption from Subdivision Regulations

1:00 Conduct a hearing on the liquor license application submitted by Paul Johnson

1. Approve the minutes from the March 28^th meeting

2. Review a summary completed by the Office of Economic Development & International Trade of the Lincoln County Business Loan Fund for CDBG Contract # 00-081

3. Review results of the heat imaging of the courthouse completed with the assistance of KC Electric

4. Review and sign a request from Berenbaum, Weinshienk & Eason P.C. to update and restate the county’s Pension Plan

5. County Commissioners’ reports

6. County Administrator’s report

7. County Attorney’s report

8. Old business

9. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on March 31, 2008. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess and Gary Beedy, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. County Attorney Stan Kimble was present from 10:30 a.m. until 11:00 a.m., and Kay Christie with The Limon Leader and Eastern Colorado Plainsman arrived at 10:00 a.m.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Mr. Burgess said that shortly after the meeting adjourned on Friday, the Board set up a special meeting with Shawn Smith of Smith Construction for Tuesday, April 1, 2008, at 8:30 a.m., at which time they will discuss window replacement for the courthouse.

The Board approved additional expense vouchers for the month of March, and then the minutes from the meeting held on March 28, 2008, were approved as submitted.

A summary of the Lincoln County Business Loan Fund for CDBG Contract #00-081, completed by the Office of Economic Development & International Trade, was reviewed and commented on, and then the Board reviewed the results of the heat imaging of the courthouse that was done with the assistance of KC Electric Association.

Mr. Burgess felt that the areas around the door jams must be addressed, adding that he would like the heat imaging process to be repeated once some of the windows were replaced to see if there was a significant difference. Mr. Lyons commented that he thought they had done an excellent job, and Mr. Burgess added that he would like to send a letter of appreciation to those who had taken the time to complete the imaging. Ms. Devers said she would draft a letter.

A request to update and restate the county’s Pension Plan from Berenbaum, Weinshienk & Eason P.C. was reviewed, and then, since they had requested that Ms. Devers sign it, Mr. Burgess made a motion to allow her to do so. Mr. Beedy seconded the motion, which carried unanimously.

When Mr. Lyons called for commissioner reports, Mr. Burgess said that he’d picked up parts at Caterpillar on Saturday for Chris and Roger, and on Sunday he attended a reception and open house for the new RES facility in Denver. He also spoke with Chris Monks a little bit about fuel costs and what the road districts would do about the fuel budgets.

Mr. Beedy said he had spoken with David Seymour this morning and Mr. Lyons had nothing to report.

Ms. Devers said the only item she had was a request to increase the credit card limit for a Social Services employee who was out of state. Due to the billing cycle, the limit was at the maximum, so Ms. Devers called the credit card company and asked that the limit be increased.

Mr. Beedy made a motion to approve the actions of Ms. Devers to increase the credit card limit on Mimi Lyons’ county credit card from $1,000.00 to $2,000.00. Mr. Burgess seconded the motion, which carried unanimously.

In regard to old business, Mr. Burgess informed the Board that he had ordered one hundred posts from Hugo Lumber for the fence at the fairgrounds, and the state is supposed to pay for them. He was also told while he was there that any other windows for the courthouse would cost $326.00 each, if there was an interest in purchasing more. Mr. Burgess counted an additional twenty-three windows that would need replaced.

Other old business included what to do about hiring someone to fill in for Nova Waite during, and after, her surgery in April. The Board discussed advertising for the position, checking with Job Services in Limon, or asking around to see if anyone would be interested. Mr. Burgess also brought up having each department take care of their own office cleaning, although in some instances that may mean overtime pay. It was discussed whether or not Dean Waite would be able to work the full eight hours each day, which seemed doubtful, especially if he had to help take care of his wife after her surgery.

The comment was made that this discussion has been held before when it came to the Waites having problems with completing their job duties, and how much more difficult it may be for them with another surgery. Ms. Devers brought up the fact that there have been repeated issues with the bathrooms and other cleaning duties not being performed, and Mr. Lyons felt that they should probably meet with the Waites again and discuss it with them.

Ms. Devers asked if the Board had made a decision regarding whether or not other employees could give Mrs. Waite hours to compensate for her sick time, and the Board decided it was up to the department heads to ask their employees if they were willing to do so.

Mr. Burgess said that landfill employee Bob Eberle would be leaving the county’s employment, as of April 1, for a different job. The Board placed a conference call to Landfill Manager Mick Jaques to discuss handling the landfill duties since he would be the only employee there for awhile. Mick decided he would have to have help on Tuesday, April 1, as well as Thursday, since those are days that someone is needed in the office. Mr. Burgess said he would be happy to go out after the department head meeting in the morning and help, and Mick agreed to that arrangement. The Board felt that they would try to spare members of the road crews if they needed to, just until someone was hired. Mick said there was so much trash blowing around with the wind lately that he was having a tough time keeping it picked up. Delayne Tornowski was brought in to see if the jail could spare some inmates to go pick up trash, and he said there should not be a problem.

Since Mr. Kimble had arrived, Mr. Lyons asked if he had anything to report. Mr. Kimble said that he’d come down to the courts early today because Ms. Devers was scheduled to testify and he wanted to be present in case he needed to address any county issues. At the time, Ms. Devers had not yet been summoned to appear.

Mr. Kimble also said that he’d been contacted a couple of months before regarding the Fal Calvert case against the county that began in 2002. He said that Mr. Calvert had filed a $5,000.00 cash bond for an appeal, but since he didn’t do the appeal right, the money was still sitting on the books. The courts wanted to file a motion to disperse the money and thought the county may be owed something for costs, but the consensus was that there really wasn’t much owed to the county in the way of fees.

Mr. Kimble also said he’d been given some information on a possible countywide ballot issue regarding lodging tax. Since Tim Anderson had not appeared for his scheduled appointment at 10:15, a phone call was made to speak with him. Mr. Anderson apologized that he had gotten the time wrong, and chose to speak to the Board via conference call.

According to Mr. Anderson, the Limon Chamber of Commerce put it upon itself to pursue the lodging tax and explained that the county commissioners’ position was to refer the item to the ballot. He explained that with all of the things happening in Lincoln County, they felt that there was a need to create a county-based Chamber and that it was time to look at paying a person to take on that responsibility. He felt that, although the volunteers did an excellent job, they just could not devote the necessary time that a full-time, paid person could.

Using 2007 figures from Limon Town Administrator Joe Kiely, they estimated that a two percent lodging tax would raise approximately $109,000.00 each year. Mr. Anderson said his proposal was to create a tourism center with part-time staff and then hire a Lincoln County Chamber of Commerce Administrator. He added that the Board would be required to appoint a panel and that part of their job would be to disperse the funds, although he wasn’t sure exactly how that would work.

Mr. Beedy said that the money collected would first go to the state, similar to the way sales tax is handled, and they would keep a portion of it. Mr. Anderson said their idea was to share the proceeds around the county because if Karval, Hugo, Genoa or anyone else were having an event that required lodging of the participants, those people would most likely stay in Limon. Therefore, it seemed only feasible to share the lodging tax money that was collected with everyone.

Mr. Burgess felt that the biggest advantage was that the tax would not be put on Lincoln County residents, unless they chose to stay at local hotels, and Mr. Anderson agreed that it was only an assessment to people who use county services.

Mr. Beedy asked if he had ballot language from another county, and Mr. Anderson responded that he had gotten something from Prowers County, as well as from another source. Mr. Lyons wanted to know if the tax was the same if a person chose to rent a hotel room for a month, and Mr. Kimble put in that it would be two percent of whatever cost the hotel chose to charge that person. If they were willing to offer them a reduced rate for staying longer, then the tax would reflect that charge. Mr. Burgess asked for ballot language before they made a final decision, and Mr. Anderson said he would also send some of the lodging rates from other municipalities.

Once Mr. Anderson had hung up, Mr. Kimble said that Joe Martin may be able to shed some insight to the pros and cons of implementing such a tax, since he was in the lodging business for a number of years, and Kay Christie spoke up and said the manager of the new Holiday Inn Express had been reported to ask why there wasn’t already such a tax in the county. Mr. Beedy read C.R.S. 39-26-102, which mentioned that all RV parks, Bed and Breakfast establishments and trailer parks would also be subject to such a tax, which brought about the discussion of the recreational vehicle park that Karval would like to open.

Ms. Devers felt the tourist center was a good idea because it always helps to sell what is in your community to travelers, adding that they would really have to make it a point to promote that Lincoln County residents would not be subject to the tax unless they chose to utilize local lodging facilities.

At 11:00 a.m., Kevin Harris met with the Board to request an exemption from subdivision regulations. Marvin Harris accompanied Kevin, who explained that he was purchasing a five-acre parcel from his father and that he intended to move off the trailer that was there and put in a modular. In order to get the financing, though, he was required to show proof of ownership. Mr. Burgess asked if the plot had been surveyed and platted, to which Kevin replied that it had; by Keith Westfall, and Mr. Burgess said he could see no problem as long as it was existing.

Mr. Beedy made a motion to adopt a resolution granting an exemption from Lincoln County subdivision regulations to Kevin Harris on a parcel of property located in the Southwest Quarter of Section 22, Township 13 South, Range 56 West of the 6^th Principal Meridian, Lincoln County, Colorado. Mr. Burgess seconded the motion, which carried unanimously.

At a regular meeting of the Board of County Commissioners of Lincoln County, Colorado held in Hugo, Colorado on March 31, 2008 there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Present

Corinne Lengel, Clerk of the Board Present

Roxie Devers, County Administrator Present

when the following proceedings, among others, were had and done, to-wit:

RESOLUTION #680 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, application has been made by Kevin Harris for exemption from the Lincoln County Subdivision Regulations on a parcel of land in Lincoln County described as follows:

A parcel of property located in the Southwest Quarter of Section 22, Township 13 South, Range 56 West of the 6^th Principal Meridian, Lincoln County, Colorado, being more particularly described as follows:

Commencing at the Southwest corner of the Southwest quarter of said Section 22 and considering the South line of said Southwest quarter to bear S89º29’44”E with all bearings contained herein relative thereto; thence S89º29’44”E, along said South line, a distance of 1,352.78 feet to the point of beginning; thence N00º55’05”W, a distance of 628.33 feet; thence S89º29’44”E, a distance of 346.74 feet; thence S00º55’05”E, a distance of 628.33 feet to a point on said South line; thence N89º29’44”W, along said South line, a distance of 346.74 feet to the point of beginning. Said parcel contains 5.00 acres, more or less.

Said parcel of land is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land; and

WHEREAS, the use of the property under consideration for exemption is as a home site, which use shall continue, with a water well and other utilities currently in existence; and

WHEREAS, under Section II-27-D-Subdivision, the Board of County Commissioners may exempt from this definition of the terms “subdivision” and “subdivided land” any division of land if the Board of County Commissioners determines such division is not within the purposes of this article;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the parcel as described in the application be excluded from the provisions of the Lincoln County Subdivision Regulations so long as there is not a change in the present use of the property;

BE IT FURTHER RESOLVED that this exemption from the provisions of the Lincoln County Subdivision Regulations excludes any future division of the property without subsequent approval by the Board of County Commissioners.

Upon roll call the vote was:

Commissioner Burgess, Yes; Commissioner Beedy, Yes; Commissioner Lyons, Yes.

The Chairman declared the motion carried and so ordered.

Board of County Commissioners

of Lincoln County

_____________________________________

ATTEST: _____________________________________

_________________________________ _____________________________________

Clerk of the Board

Marvin Harris also asked Mr. Lyons if it would be possible to get the entrance to his driveway bladed, since each time the road crew grades or plows the road, the end result is that his driveway gets filled with either dirt or snow since the county road is built up so much higher than his driveway. Mr. Lyons said he would speak with Chris Monks.

Further discussion was held regarding the process Kevin Harris needed to complete to get the property in his name, which included obtaining a deed from the current owner and filing a plat map with the County Clerk and Recorder. The Board explained they would sign the resolution and Mr. Kimble explained that Hedlund Abstract or an attorney could draw up the correct transfer of ownership paperwork.

Ms. Devers asked if he’d spoken with the Land Use Administrator since he would need a building permit, and Kevin said he would do so as soon as he filed the plat map in the Clerk’s office.

Once the Harris’s had gone, Mr. Beedy commented that the resolution would need to specify that the exemption was granted due to the fact that it was an existing home site and because there was an existing well and electricity. He felt it needed to be clearly stated for possible future exemption requests. Mr. Kimble put in that the property was not being changed; simply improved.

Mr. Lyons called for new business before the lunch break, and Mr. Burgess said that he’d spoken with Sheriff Nestor who was told that the Town of Flagler has a Chevy Tahoe for sale since they are doing away with their town marshal position. The vehicle has thirty thousand miles on it and they are selling it for $10,000.00.

At 1:00 p.m., the Board conducted a hearing on the liquor license application submitted by Paul Johnson. Since no one from the public had arrived to testify against the proposal, the Board looked over the application and could see no reason to disapprove it.

Mr. Burgess made a motion to approve the liquor license application for Paul Johnson of PJ’s General Store. Mr. Beedy seconded the motion, which carried unanimously.

District Attorney Carol Chambers stopped by the meeting with a request that the Board approve Arapahoe County Commissioner Susan Beckman as an appointment to the D.A.’s Forfeiture Board. She said that it was a requirement that one commissioner be appointed to the board, so Ms. Beckman had been chosen from Arapahoe County. Mr. Beedy made a motion to adopt a resolution appointing Susan Beckman to the D.A.’s Forfeiture Board, Mr. Burgess seconded the motion, and it carried unanimously. Ms. Chambers asked if Lincoln County would like to appoint someone as well, and Mr. Burgess volunteered.

At a regular meeting of the Board of County Commissioners of Lincoln County, Colorado held in Hugo, Colorado on March 31, 2008 there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Absent & Excused

Corinne Lengel, Clerk of the Board Present

Roxie Devers, County Administrator Present

when the following proceedings, among others, were had and done, to-wit:

RESOLUTION #681 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, C.R.S. 16-13-702 (1) states that no forfeited property shall be used nor shall any forfeited proceeds be expended by any seizing agency to whom section 16-13-701 (1) applies unless such use or expenditure has been approved by a committee on disposition of forfeited property; and

WHEREAS, C.R.S. 16-13-702 (4) provides, at a minimum, that the committee must consist of the District Attorney or the designee of such District Attorney; the head of a law enforcement agency from among the law enforcement agencies in the District Attorney’s judicial district, who is appointed by the District Attorney; and one representative of one of the governmental bodies having budgetary authority over the District Attorney’s budget, to be selected by the unanimous agreement of all of the governmental bodies in the judicial district which have budgetary authority over the District Attorney’s budget; and

WHEREAS, the Office of the District Attorney of the 18^th Judicial District needs to establish the 2008 Committee on Disposition of Forfeited Property; and

WHEREAS, the name of Susan Beckman, Arapahoe County Commissioner, has been submitted to serve as the representative of the governmental bodies having budgetary authority over the District Attorney’s budget, upon unanimous consent of all the counties in the judicial district;

NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of Lincoln County approves the appointment of Susan Beckman to the 2008 Committee on Disposition of Forfeited Property for the Office of the District Attorney of the 18^th Judicial District;

BE IT FURTHER RESOLVED that this appointment is contingent upon the adoption of similar resolutions by the counties of Arapahoe, Douglas and Elbert.

Upon roll call the vote was:

Commissioner Burgess, Yes; Commissioner Beedy, Yes; Commissioner Lyons, Yes.

The Chairman declared the motion carried and so ordered.

Board of County Commissioners

of Lincoln County

_______________________________________

ATTEST: _______________________________________

_________________________________ _______________________________________

Clerk of the Board

Mr. Lyons asked Ms. Chambers if there was a problem with a group wanting to start a petition against future trials in Lincoln County like those that are going on now, and Ms. Chambers responded that there would not be a problem and she would be happy to meet with the group if they were so inclined. Mr. Lyons asked where to send the petition if it was actually filed, and Ms. Chambers said it could be sent directly to her.

The Board reviewed the lodging tax information that Tim Anderson had sent over, and Mr. Lyons wondered if Karval (or any other entity, for that matter) would be required to obtain an EIN number if they set up an RV park. Ms. Devers felt it may not be a problem if they already had a sales tax license.

More discussion was held regarding what to do about help at the landfill, but it was decided that the road crews would just have to fill in until after the fourteenth when the applications for the part-time position close.

The Board also briefly touched on the janitor situation, and Mr. Lyons asked that Ms. Devers put Dean and Nova Waite on the agenda to meet with the Board on April 7.

With no further business to come before the Board, the meeting was adjourned until 8:30 a.m. on April 1, 2008, at which time a special meeting will be held with Shawn Smith of Smith Construction, LLC to discuss his bid for window replacement in the courthouse.

_________________________________________ _______________________________

Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman