The Board of Lincoln County Commissioners met at 9:00 a

Board of County Commissioners of Lincoln County

Agenda for May 30, 2008

9:00 Call to order and Pledge of Allegiance

9:05 Approve additional expense vouchers if necessary

10:00 Land Use Administrator Ken Morrison to give the Land Use Board’s decision on Development Permit 08/02 for Vickie Mullen for a single family dwelling and to discuss adoption of the 2003 International Energy Conservation Code

11:00 Extension Director Linda Yoder to provide information on the Livestock Sale Committee and office activities

11:30 Tina Waite and Larry Gotschall with the Colorado Championship Ranch Rodeo committee to discuss county rules for a beer garden at the Ranch Rodeo

1:00 Fred Raish with the Yuma County Weed District to discuss how to develop a prairie dog control program and the cost of products to use

1. Approve the minutes from the May 29^th meeting

2. Review the report on the loads received on the free day at the landfill

3. Review and sign the 2008-09 Victim Assistance Law Enforcement grant contract

4. Review information for licensing of Community Ambulance Service (Flagler, Seibert and Vona) ambulances in Lincoln County

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 May 30, 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. Kay Christie with The Limon Leader and the Eastern Colorado Plainsman was present from 10:10 a.m. until 2:30 p.m., and County Attorney Stan Kimble was present in the afternoon.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Mr. Burgess made a motion to approve the minutes from the meeting held on May 29, 2008, as submitted. Mr. Beedy seconded the motion, which carried unanimously.

The report on the loads received a the free day at the landfill was reviewed, and then Mr. Beedy made a motion to sign the 2008-09 Victim Assistance Law Enforcement grant contract in the amount of $48,424.00. Mr. Burgess seconded the motion, which carried unanimously.

Information regarding licensing of Community Ambulance Service (Flagler, Seibert and Vona) ambulances in Lincoln County was reviewed, with Ms. Devers stating that the new regulations require the ambulances be licensed in Lincoln County if they are called for mutual aide. She added that she had not received the inspection sheets on the equipment and supplies in the ambulances, but that Ted Foth had been looking for them and was unable to find them. Ms. Devers felt comfortable with it since they had included a copy of what was licensed in Kit Carson County.

Mr. Beedy made a motion to approve the licenses for Flagler, Seibert and Vona ambulances to respond in Lincoln County. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Lyons called for commissioner reports, and Mr. Beedy said he’d participated in a conference call for the Eastern Colorado Services for the Developmentally Disabled the evening before. He said everything was looking good budget-wise, but that they were having problems getting insurance, since what they currently have is increasing by fifteen percent. Mr. Burgess asked if they could go on CHP and Mr. Beedy thought they could, but said it was more expensive. He said perhaps he could check into the different plans they offered, though.

Mr. Burgess said he’d received a phone call from Jerry Clevenger who said he would not be able to make it to this afternoon’s meeting concerning prairie dogs.

Mr. Lyons said he’d gone to the Wal Mart store at Tower Road the previous evening, and while he was there he spoke with the manager about their wind tower. He said it is much smaller than what is in Lamar, so he picked up a flyer that he shared with the others.

Ms. Devers said the only thing she had to report was that she had looked in the Capital Projects budget and there would be enough money to cover the courthouse parking lot project.

Mr. Lyons asked if they wanted to go ahead with that or concentrate on the energy savings plan, but the others felt that it would be at least next year before they could work on solar energy or another means of energy savings. The Board discussed seeing if someone could come and give them some guidance on where to start, and Mr. Burgess said maybe Paul Huber could help.

Mr. Burgess made a motion to purchase 9,400 square yards of Type II Slurry Seal from A-1 Chipseal in the amount of $23,500.00 to re-seal the courthouse parking lot. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess then placed a phone call to Paul Huber with Eco Struct to ask if he had received the usage report that he had sent. Mr. Huber said that he had, but he had been doing field work and had not had a chance to look at it. Mr. Burgess asked if he would be willing to come out and take a look at the courthouse and offer some advice on what the county could do regarding energy savings. Mr. Huber said he would be willing to do so and that they would set up a service agreement for consulting and design fees.

Mr. Lyons asked him if they would need a separation where the power comes into the facility, and Mr. Huber told him they would take a look at the switch to see what they could tie into, but that it would not cost any additional to do so.

Mr. Beedy asked what Mr. Huber charged for consulting and design, and was told that it would be $50.00 per hour, but that if the county chose to have him do the work, it would be included in the total price.

In regard to old business, Ms. Devers said she had e-mailed Doris Houser-Williams with the D.A.’s office and she had sent the Board their own copy of the cost certificate regarding DOC cases. Mr. Burgess made a motion to sign the Cost Certificate relating to prosecuting DOC cases for the 18^th Judicial District. Mr. Beedy seconded the motion, which carried unanimously.

Ms. Devers said she had also called Dan Hendricks regarding the Board’s decision not to pay him half of his labor or cost for materials concerning the carpeting project in the Assessor’s office. She told him the Board would absolutely not pay for any labor prior to completion of the job, but Dan asked if they would reconsider paying for part of the materials since he needed to make a trip to Denver, plus purchase everything. Ms. Devers said she figured just the cost of the materials, which would be $1,233.96. Half would come to $616.98, and Ms. Devers said she had also told Dan that the check would have to be made to Shawn Smith Construction, which was fine with him. The Board agreed it would probably be okay to pay for the materials, but they would need to set some guidelines.

Mr. Burgess made a motion to pay Shawn Smith Construction, LLC $1,233.96 for materials to be used on the Assessor’s office carpeting project, but that there must be invoices included with all materials and those materials must be stored on Lincoln County property. Mr. Beedy seconded the motion, which carried unanimously.

At 10:00 a.m., Land Use Administrator Ken Morrison met with the Board to give the Land Use Board’s decision on Development Permit #08-02 for Vickie Jo Mullen on a single family dwelling, and to discuss adoption of the 2003 International Energy Conservation Code.

Mr. Morrison said that the Land Use Board approved the Mullen permit with no additional stipulations, adding that it was for a mobile home on a permanent foundation with existing water, and that he had used an existing address, as well.

Mr. Morrison submitted letters to landowners Gloria Harmon and Paul and Barbara Stavely regarding cattle guard requirements for a cattle guard on County Road 39 in District Three. The county requires that the cattle guard either be widened to the required width or replaced with a cattle guard meeting the proper requirements, which was addressed in the letters. The Board agreed to sign them.

As for the adoption of the 2003 International Energy Conservation Code, Mr. Morrison said that Mr. Kimble would need to come up with a way of wording the county’s particular code, but that it basically increases the R-value in ceilings and walls and forces all counties and municipalities that have adopted any kind of building code to adopt the energy conservation code, as well. He added that anyone re-modeling or re-building would also have to comply with the new code, and that it included insulation of crawl spaces and basements. Mr. Morrison said he hoped that the county would consider exempting all agricultural buildings from the code when it was adopted because those buildings would be considered commercial buildings according to Chapter 2, Section 202, of the IECC.

Mr. Lyons asked Mr. Morrison if he would be the one taking care of the situation, and Mr. Morrison responded that he and Mr. Kimble would have to get together to come up with the proper wording to suit the county.

At 11:00 a.m., Extension Director Linda Yoder met with the Board to discuss her findings regarding the formation of the Livestock Sale Committee.

The committee was formed under the 4-H program in the early 1980’s and consisted of one leader from each of the 4-H clubs. Its purpose was to make rules and regulations for the 4-H livestock sale and it expanded to handle the financing of the sale when the sale barns decided to quit handling it. The committee set up an account to finance the program, handle the clerking and take total responsibility for the sale, and they have an accountant who manages the money but is not a voting member of the committee. The committee has worked under the “umbrella” of the fair board and has reported any changes they wanted to make because the rules in the fair book are approved by the fair board.

When FFA chapters were formed in the county, they were included by having a representative from each chapter on the committee and it became a 4-H/FFA committee. The FFA chapters in Lincoln County and 4-H have agreed to follow the same rules, and both organizations have basically the same goals and guidelines for training members in their organizations.

The County Agent was originally the chairman of the committee, but they now elect a chairman, although the Extension is still responsible for the 4-H members and serves in an advisory capacity. The role of the Extension office is defined in the MOU, which states that they are responsible for the 4-H program at the fair and determining rules and regulations for the county 4-H program, including eligibility of 4-H members and 4-H projects for exhibition at the fair. They also set age and project requirements for Lincoln County 4-Hers.

The Board told Ms. Yoder they appreciated her research, and then Ms. Yoder said that she had spoken with the CSU legal advisors and was told that the MOU she had discussed earlier was fine as it was and did not have to be re-signed every year.

Ms. Yoder said the conference she attended regarding animal bio-security was very educational and eye-opening, and added that her part-time employee turned in her resignation. She thought the best option may be to just hire some summer help to get her through the fair and then she would go from there.

The Board then discussed using Margaret Szczesniak; Ms. Yoder’s other part-time helper, to fill in at the landfill temporarily while Ms. Peeters is on medical leave. Ms. Yoder thought she may be able to do so, and will have her go out with Kris Smith next week. Mr. Lyons said he would contact Chris Monks and let him know. Mr. Burgess asked if Ms. Szczesniak’s salary was paid for by the state, and Ms. Yoder said that it was.

At 11:30 a.m., Tina Waite and Larry Gotschall with the Colorado Championship Ranch Rodeo committee met with the Board to discuss county rules for a beer garden at the Ranch Rodeo. Joe Clark with VFW Joe Will Post 6612 was also present.

Mr. Gotschall requested that the Board reconsider their decision of where to allow the beer garden, as they would like to be able to have it open during the dance, which will be held under the awning on the north side of the grandstands. They planned to fence it in, would not allow anyone under the age of twenty-one to purchase the beer, and the area would be policed by their own security guard that they hired, as well as deputies from the sheriff’s office. The beer would not be in bottles or cans, but plastic cups, and a person would only be allowed to buy one cup at a time. The HIP organization would be selling food out of the Methodist booth, so it was their intention to fence off the area between the doors to the Methodist booth and the women’s restroom. The trailers; one from Coors and one from Budweiser, would be parked on the northeast corner of the awning.

Joe Clark felt they could possibly put the trailers and the garden on the south side of the tracks during the rodeo, and then move it to the awning for the dance, which was acceptable to both Ms. Waite and Mr. Gotschall.

Mr. Gotschall put in that he felt the Ranch Rodeo was a community asset, adding that they would like to help the VFW, since they would benefit from the beer sales.

Mr. Burgess said he wouldn’t have an issue with their proposal, as long as their diagram specifically identified the areas where the garden would be, and they had it properly fenced in. However, he did not agree with opening up the entire fairgrounds. The others agreed, although Mr. Beedy added that he would agree for the Ranch Rodeo event only. He wanted it to be known that he did not agree with selling beer or other alcohol at the county fair.

Ms. Lengel asked that the diagrams be submitted no later than June 9, as the State Liquor Enforcement Division requires at least ten working days to approve the application.

At 1:00 p.m., Fred Raish with the Yuma County Weed District met with the Board, and others, in the jury assembly room to discuss how to develop a prairie dog control program, and the cost of products to use. He explained that the Yuma County Weed board wanted a program back in 2002, so the first thing they had to do was prove that they were black-footed ferret-free. The search would have cost approximately $50,000.00, but they ended up obtaining a decree that said they did not need to have the search done, after all. He added that the purpose of the search was that they could then legally buy pesticides from the distributor in Idaho.

Mr. Raish went on to say that they have a cost-sharing program in his county; if the landowner does it themselves, or hires someone else, they can submit a bill in Yuma County and will be reimbursed $300.00, but only one time per year, per landowner.

Mr. Raish said they start their control process in October and end March 15, adding that they are set up as a special district and receive two mills from the taxpayers each year to keep the operation going. They control weeds, prairie dogs and grasshoppers and the money to pay for the program comes from the private landowners, not businesses.

According to Mr. Raish, Rosal is the best product to use for control and added that it would be labeled for Colorado this October.

Questions were asked about prairie dogs on state land, and Mr. Raish responded that the State Land Board will make a lessee control them as well as cost share on it. State Division of Wildlife parks and other state land may be a different story, but Mr. Raish said there were ways to get them to do it.

Rayleene Thompson asked if the two mills covered the entire cost or if there were additional expenses for the landowner, and Mr. Raish said that they charge for the herbicide or pesticide at their costs, plus a twenty dollar set-up fee. He said Rosal is two dollars a pound and can be used twice a year, but not after March 15 because that is the law. He has a ninety percent kill rate and if there is any follow-up it is done by the landowner.

Mr. Beedy asked Mr. Raish how much his yearly budget was and was told over half a million dollars, and Mr. Raish added that if the bill is not paid it goes on the landowner’s tax bill. He was also asked about Nature Conservancy property and responded that there is some in Yuma County, but they have agreed to control their prairie dogs along the fence lines.

Jay Jolly wanted to know how the Board would implement the program and Mr. Lyons and Mr. Burgess both said it would take a lot of consideration and discussion. Mr. Lyons added that the county had come a long way since instituting the weed program, and felt that they would have to do the same with the prairie dog situation.

Mr. Beedy asked if the power to adopt a resolution lay with the county and was told that it does. Mr. Kimble added that it would probably be under Title 30 and if it could be done under the county, then it would not have to go to the voters.

The question was asked if a private applicator’s license could be obtained, and Mr. Raish answered that it could, as long as the applicator did not charge others to provide the service. The same party also asked if the pesticide could be purchased at a cheaper rate or through the county, but Mr. Raish said the county would have to obtain a tax identification number to sell the pesticides, which was not unheard of.

Mr. Lyons said the biggest issue for the county that he could see was the cost to implement such a program, especially when Mr. Raish said that Wayne Shade would be unable to do it alone. He said it would take at least two employees and some four-wheelers to get the program going, and Jay Jolly asked what kind of records a person had to keep when it came to control.

Mr. Raish told him he would need the name of the landowner, the legal description; quarter section at a minimum, the date, time, product used and the amount, and the EPA registration number.

Shawn Smith asked if independent applicators had to send regular reports to the state, but Mr. Raish said as long as they kept good records they would only need to provide them to the state if the state requested them.

Mr. Raish said that Yuma County does have a resolution for anyone caught dropping prairie dogs in the county, adding that there is a pretty hefty fine and includes going to jail.

Shawn Smith asked if Mr. Raish knew if one of the holes in a prairie dog town goes to water, as he did not want to be putting Rosal in his water supply, but Mr. Raish could not answer that question.

Ms. Devers asked who the county would contact to get the certification that it was black-footed ferret-free, and Mr. Raish told her that he would give her a copy of the letter, as well as the Yuma County guidelines.

Further discussion was held regarding possibly decreasing the eight mill tax credit, but Mr. Burgess said they would need to do quite a bit of research before they could make any decisions, and Mr. Beedy agreed that finding the money would be the biggest issue.

When the Board returned to their meeting room, Mr. Lyons asked for the County Attorney’s report, and Mr. Kimble said that Ms. Devers had heard from Gary Hamsher that he had the employee’s retirement overpayment and would bring it to him. Ms. Devers said she would call the employee’s supervisor on Monday to see if the check had come. If not, Mr. Kimble will contact the insurance commissioner.

Mr. Kimble also reported that he’d had some correspondence on the Ewing case and asked if the Board had had a chance to review it, which they had.

He added that he’d looked into the laws regarding fair boards and the sale committee issue, but had not found much other than it seemed that everything under the county fair would fall under the responsibility of the county commissioners. He had also not found Articles of Incorporation for the Lincoln County Fair Board in the records at the Secretary of State’s office. Mr. Kimble informed the Board that there should be a Memorandum of Understanding between the entities, including establishing how the Extension Office fits into the fair.

Mr. Lyons felt it was probably okay for this year, but said something needed to be done shortly after the fair to get it lined out for next year.

Discussion ensued about the Premise ID requirements and during that time, a phone call came from Tim Schimberg, the county’s attorney handling the Ewing case. Mr. Kimble spoke with Mr. Schimberg and then informed the Board that a motion to dismiss the county from the case had been filed, asking if they wished to try and recover attorney fees. The Board told Mr. Kimble to let the matter drop.

Ms. Devers said she would go back through old minutes to see if she could find when the fair board was formed, and then Mr. Lyons told Mr. Kimble about the decision the Board had made to allow a beer garden at the Ranch Rodeo. Mr. Kimble said as long as the proper Special Event Permit application had been filled out and the county’s insurance company was aware of it, there should be no problem. Ms. Lengel said that Ms. Waite and Mr. Gotschall had submitted their diagrams over the lunch hour, and she had put the application in the mail.

Ms. Devers said she had received a letter from the Kit Carson County Board of County Commissioners regarding the Regional Planner position and the board reviewed it.

With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on June 6, 2008.

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