Board of County Commissioners of Lincoln County

Agenda for June 18, 2008

9:00 Call to order and Pledge of Allegiance

9:05 Fair Manager Mike Mosher to discuss improvements to be made at the county fairgrounds

9:30 Conduct a phone conference with the Kit Carson County Commissioners concerning the tower at Cedar Point

10:00 Paul Huber with EcoStruct-EcoSol, LLC to discuss a solar power system for the Courthouse and to tour the facility

11:30 Conduct a phone conference with Limon Town Manager Joe Kiely concerning the proposed rail relocation project

1. Approve the minutes from the June 6^th and 9^th meetings

2. Review the May reports from the County Clerk, the Veterans Service Officer and for County General

3. Void Road & Bridge check #8706 written to DJ Bodyworks on May 30, 2008 for $61.00 since payment had already been made

4. Review and approve a bond for Morgan Therrien as a deputy county coroner

5. Review the draft Solid Waste User’s Fee Lincoln County Landfill Audit Report

6. Review information from the Colorado Department of Transportation concerning county property that will be impacted by widening a portion of State Highway 40 and a request to donate it

7. County Commissioners’ reports

8. County Administrator’s report

9. County Attorney’s report

10. Old business

a. Discuss the insurance claims filed on the roundhouse and the county’s communication tower and sign paperwork as necessary

11. New business

a. Review current landfill rates and discuss making adjustments

b. Discuss funding for windbreaks and the information to be provided

The Board of Lincoln County Commissioners met at 9:00 a.m. on June 18, 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 in the afternoon.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then County Treasurer Jim Covington met with the Board to discuss personnel in his office working four day weeks on a trial basis to help save on their fuel bills. He said the office hours would remain the same, but his staff would switch the hours and days they worked. The Board agreed to allow the Treasurer’s office to change the hours the employees work on a trial basis.

Fair Manager Mike Mosher met with the Board after Mr. Covington left to discuss improvements made at the county fairgrounds. The fence is almost finished, and the Board explained what they had been told by Hilary Bledsoe regarding congestion around the fire hydrant. They discussed using bridge timbers or concrete barriers, and Ms. Devers suggested posts with chain, like what is at the courthouse. Mr. Lyons said Mike could probably use the pipe that he has and drill holes in it to run the chain through. That way, the only expense would be for the chain. No Parking signs could be purchased to help get the point across.

Mr. Burgess said he’d also been approached about the curves on the road into the fairgrounds not being lit up enough at night, so they also discussed putting up signs to designate the curves.

Mr. Lyons felt they should wait until after this year’s fair before they start any work, but the others thought that the signs and chain should be put up beforehand. All agreed that any changes to parking areas, drainage or other major construction should be done after fair is over.

Mr. Burgess told Mr. Mosher about the dumpsters and not using Same Day Haulin’ for trash pick-up this year to save money, and Mr. Lyons felt they would need more dumpsters or a truck, because the two dumpsters were completely full after the event last weekend. Discussion was held regarding putting a dump truck at the fairgrounds during the Ranch Rodeo at the end of the month, and Mr. Burgess suggested the one at the landfill. He placed a phone call to Mick Jaques, who said he would bring it down next Tuesday.

At 9:30 a.m., a conference call was held with the Kit Carson County commissioners to discuss the tower at Cedar Point. All three commissioners, as well as the Kit Carson County Administrator and County Clerk took part in the call.

Mr. Beedy explained that they had heard rumors that Kit Carson County was going to sell the tower at Cedar Point, and were concerned because they utilize it for a repeater. The Board was assured that Kit Carson County has no intentions of selling the tower at this time, but if they make the decision to do so, they will inform Lincoln County immediately.

Mr. Beedy made a motion to approve the minutes from the June 6, 2008, and the June 9, 2008, meetings, as submitted. Mr. Burgess seconded the motion, which carried unanimously.

The May reports from the County Clerk and the County General fund were reviewed, as well as the April and May reports from the Veterans Service Officer, and then Mr. Beedy made a motion to cancel Road & Bridge check #8706 in the amount of $61.00, written on May 30, 2008 to DJ Bodyworks, since it was a duplicate payment. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Burgess made a motion to approve the bond for Deputy County Coroner Morgan Therrien. Mr. Beedy seconded the motion, which carried unanimously.

The draft of Solid Waste User’s Fee Lincoln County Landfill Audit Report was reviewed, as well as information from the Colorado Department of Transportation concerning county property that will be impacted by widening a portion of State Highway 40, and a request to donate it.

After discussing where the property is located and the fact that it won’t do the county any good to keep it, Mr. Burgess made a motion to donate both parcels to the State of Colorado. Mr. Beedy seconded the motion, which carried unanimously. Ms. Devers said Mr. Kimble would probably draw up the deed, so the information was left for him to look over later in the day when he arrived.

During the commissioners’ reports, Mr. Beedy said he’d gone to the Child Protection Team meeting on June 11, and also participated in a phone conference call with the Community Wind Advisory group. Before the STAC meeting on June 13, he met with two parties with the railway relocation project and convinced them to invite county commissioners to the Technical Advisory Committee meeting on June 27. He also attended the STAC meeting where they discussed the prospect of placing tiers on the state highway system in regard to maintenance. On June 17, Mr. Beedy attended the railway relocation open house in Las Animas.

Mr. Lyons reported that he received a call from Kiowa County Commissioner Rod Brown concerning the railway relocation project.

At 10:15 a.m., Paul Huber with EcoStruct-EcoSol, LLC met with the Board to discuss a solar power system for the courthouse, and to tour the facility. Mr. Huber explained that there are pros and cons to where the panels are placed, but his overall recommendation was to put them on the ground if the acreage is available. He wanted to know what Lincoln County’s goals for solar power are, and Mr. Burgess said that Bob Mailander with the Governor’s Energy Office had recommended getting the community involved, rather than to just provide power for the courthouse. He was told that better grant money is available if a bigger group gets involved. Mr. Burgess said his goal would be to cut energy costs at the facility in half.

Mr. Lyons wanted to know if using the solar power would require hooking into the K.C. Electric transmission line, and he was told that small systems (generally 10-100 KW) tie into the distribution center or transformer to the building. Mr. Huber explained that, as of August, all rural electric associations will be required to provide net-metering.

The question arose as to whether or not K.C. Electric would still be used, and Mr. Huber explained that during the day the courthouse would use the solar power, and any excess would go back into the grid. At night, if the building were in use, then K.C. Electric power would be used. When the building wasn’t in use, any unused or stored solar power would go back into the grid.

Mr. Huber wanted to know if the Board had spoken with anyone at K.C. Electric, as they would need to obtain usage records before he did anything. Mr. Lyons said that they were in the process of writing their plan and Mr. Huber said they wanted to maintain a good working relationship right away, as a rural electric association is not typically receptive to renewable energy. He added that the county would still have consumer charges as they would still be tied into the grid.

Mr. Beedy asked if they would require separate systems if the school and hospital were to become involved, and Mr. Huber said it would be best. He added that the first step would be to look at the billing structure to see if it were demand or usage-based. Solar helps quite a bit with on-demand charges, but it depends on when the peak demand is. Mr. Huber said he would check to see if the courthouse is being interval-metered when he goes to K.C. Electric.

Questions were asked regarding life-expectancy of the solar panels; twenty-five years, and if they were very resistant to hail, which they are.

Mr. Huber toured the facility with the Board and Travis Nall while Ms. Devers composed a letter to K.C. Electric authorizing them to release county usage records, as well as usage records for the hospital.

At 11:30 a.m., the Board held a conference call with Limon Town Administrator Joe Kiely, regarding the proposed rail relocation project. Mr. Kiely felt there is a strong misconception going around about what the project is really all about, and wanted to voice his opinion regarding the matter. He explained that what is happening now is the second in a series of studies for a new rail line to be built in eastern Colorado. In 2005, a study was done and estimated that over a twenty-year period, fifty-one trains per day would travel through Hugo and Limon. The first step, according to Mr. Kiely, was to see if there was a public benefit to creating a new line; the second, to do an alignment study. The alignment study is what is taking place now, which is different than determining the route the rail line will take. The general alignment study is to determine if building the original designed route is still feasible, or if a new route would be a better option. Mr. Kiely encouraged the Board not to “just say no”, but to make a specific determination of their reasons for opposing the project, if that were their stance. He added that if they decide to take an official position they need to clearly list what that decision is based on. There is still one more study to be done, which is an Environmental Assessment and Final Route Determination, which will determine the final route.

The Board discussed issues such as where crossings would be placed, emergency vehicle access, property use loss, grade separations and other potential problems, as well as tax benefits, and then Mr. Kiely reiterated that if the Board decided to adopt a resolution they needed to specifically list what their concerns were so that those issues could be properly documented and addressed.

At 1:00 p.m., Weed Coordinator Wayne Shade met with the Board to request their approval for a new bumper and grill combination for the Dodge pick-up. Mr. Shade hit a deer early one morning, which ruined the current bumper, even though they worked on it to get the dents out. He said he could purchase a grill guard from NAPA for approximately $800.00. The Board asked if they could use the old bumper for Road & Bridge if they came across a reason to use it, and Wayne thought it probably could be re-used.

Mr. Burgess made a motion to allow the Weed Department to purchase a grill guard for the Dodge pick-up. Mr. Beedy seconded the motion, which carried unanimously.

Discussion was held regarding $10,000.00 in grant funds that could be applied for through the ASCS office to help control an outbreak of leafy spurge. Mr. Shade said that he heard that there is actually a bug that will eat the weed and they can be obtained free of charge. The grant funds would only cover spraying of the weed, and since the bugs are free, there was no need to pursue the funding. Supposedly, the bug won’t bother livestock, nor will they eat anything other than the leafy spurge.

Mr. Lyons asked if Wayne had heard anything from the gentleman with UP who will spray the weeds along the rights-of-way, and Wayne said he is to call him back, because when they marked everything most of the weeds were dead, so there will probably be other places that they missed.

Once Wayne was gone the Board continued with commissioner reports. Mr. Burgess said he attended the CCI conference on June 9 and 10, and apparently Carl Stogsdill is carrying a petition to disband the Karval Fire Protection District. Ms. Devers wanted to know what happens to the money that the district has accumulated through tax dollars, and Stan Kimble said that he assumed the court would have to get involved and that a judge would possibly have to make a decision before anything could be placed on a ballot. He added that the district is actually supposed to come up with a plan of how the services will be provided if they aren’t there to provide them, and Mr. Burgess said that he thought Carl was hoping the county would take over the district.

County Treasurer Jim Covington brought in 2007 tax figures since Mr. Beedy had asked what the county collects in regard to the railroad. Mr. Covington said the state assessed portion of the UP came to approximately $159,000.00, which was for the tracks. The county portion on the rail cars was $17,332.61 and taxes collected from the Kyle Railroad were $12,596.57.

Mr. Burgess also reported he had an Eastern District meeting while at the CCI conference, and several issues were discussed, including Yuma County’s upcoming Colorado Oil and Gas Conservation Commission appearance to testify. Ms. Devers put in that the Board had received a draft letter from Gini Pingenot referencing the issue, asking for Lincoln County Commissioners’ support for Yuma County’s concerns regarding the proposed COGCC Oil and Gas Rules. The Board felt comfortable with the contents of the letter and Ms. Devers will contact Ms. Pingenot, since she requested a response by June 20.

Mr. Burgess said they also discussed the Republican River situation, as well as courtroom security, Premise ID, food stamps and Home Rule counties and what it takes to become one.

On June 12, Mr. Burgess reported attending the Centennial Mental Health meeting in Cheyenne County and said he’d been caught by Linda Roth who told him that Kindra Mulch was quite upset about the Regional Health Planner contract change.

Ms. Devers put in that she thought Judy Mitchek was going to remain in the position, but it appeared things had gotten somewhat out of hand and there was a lot of confusion and misunderstanding amongst everyone. Ms. Devers said she would speak with Ms. Roth.

Mr. Burgess also reported that he looked at County Road 63 on the Twelfth, and they will put some chip seal on it. On the Sixteenth, he stopped by the RSVP office on his way to Baby Bear Hugs, and also received a phone call from Joe Kiely about the rail relocation project. On June 17, he checked on the progress at the Assessor’s office regarding the carpeting and painting, and was told that the floor was basically black where the plastic mats had laid when they pulled the old carpeting up. Dan Hendricks said it didn’t look like there was moisture, though. Mr. Burgess also spoke with Roger Noakes about pipe.

Ms. Devers reported that Gerry Knudsen would be at the landfill the following day to check the site and determine where future cells should be located, and then said she’d been working on the grants for the hospital’s electrical project, as well as the roundhouse, and asked if the Board would sign letters of support to the El Pomar Foundation and to the Baughman Foundation. The Board agreed to sign the letters. She told them that the electrical project does not fit the criteria for a grant to the Gill Foundation, but it was also decided that she should try to apply for a grant with the UP Foundation.

Ms. Devers said that John Reid did say he would serve on the Advisory committee concerning proposed rules and regulations ensuring that improvements to surface water irrigation systems in the Arkansas River basin are compliant with the Arkansas River Compact, and that the choice of who would be placed on the committee was made last week. She hadn’t heard yet whether or not Mr. Reid was one of those chosen.

Ms. Devers said the Board is scheduled to meet with Greg Etl on July 18 regarding the dissolution of the Karval Fire Protection District and asked who they would like to invite to attend. The Board felt all concerned with the situation should be invited, so Ms. Devers will just put it on the agenda.

Ms. Devers’ last item to report was in regard to the old Hall Station polling location. Someone has purchased the property on which the building sets, but the building still apparently belongs to the county. Since it has not been used as a polling location for several years, Ms. Devers asked what should be done about it and produced the deeds for Mr. Kimble’s review. Discussion was held as to whether or not the building could just be given away, and Mr. Kimble said that it would be nice if the county could just terminate the easement. He said he would speak with the buyer of the land and see what they would like to do.

Mr. Kimble reported that, as requested, he had researched county authority and responsibilities in regard to the fair, adding that he felt the county should enter into a Memorandum of Understanding with the Extension Service that should be renewed each year.

Mr. Kimble also said he would try to get CDOT to draw up the deed for the property that the county was gracious enough to donate, and added that he almost had the Motion ready to file regarding getting back the $5,000.00 in county money spent on the Fal Calvert case.

Mr. Beedy asked Mr. Kimble if he could research 1041 powers on railroads, and Mr. Kimble said he would.

In regard to old business, Mr. Devers said that when the claims were turned in on the radio tower and the wall that collapsed at the roundhouse, Enid Cordova at CTSI told her they would be treated as one incident so would only be subject to one $500.00 deductible.

Ms. Devers said that there has been $100,800.00 put into reserves to fix the roundhouse, and there should be two separate companies coming to give estimates on the brickwork. Mr. Burgess asked when the roof would be completed, as they need the support to hold the walls up. Ms. Devers said they were trying to coordinate everything, including the roof work, scaffolding and the brickwork. The cost to replace the one piece of scaffolding that was damaged is $4,210.00.

Mr. Burgess made a motion to allow Waco Scaffolding to replace the scaffolding at the roundhouse for $4,210.00. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess wanted to know if the radio tower has been fixed, but Ms. Devers said she had not yet spoken with Sheriff Nestor.

Ms. Devers said that the contracts to fix the brickwork at the roundhouse will most likely come in before the next regular commissioner meeting, and asked if the Board would give Mr. Lyons the authority to sign them if they do.

Mr. Burgess made a motion to give Mr. Lyons the authority to sign the contracts for repairing the brickwork at the roundhouse. Mr. Beedy seconded the motion, which carried unanimously.

Julie Joffe stopped by the meeting to ask if the Board could have someone place some concrete reinforcements in a ditch by her horse property, west of County Road 33. She said she had the concrete, but no means of putting it into the ditch. Mr. Lyons said he would speak with Chris Monks.

The Board reviewed the current landfill rates and discussed making adjustments, and all were surprised to learn that, historically, the landfill has actually brought in more revenues than they have expended. The rates have not been increased since 2000, although some different categories have been added. Mr. Lyons felt that if they didn’t need to be increased they shouldn’t be, since the consumer would be the one to bear the cost as it would be passed on to them, but Mr. Burgess said that he did not want to get caught at some point and have to increase the fees quite a bit. The Board tabled further discussion until June 30.

Ms. Devers said she’d gotten a letter from Al White at the ASCS office regarding the fact that Mr. Lyons had asked about wind breaks last year. Mr. White said that Brian Johnson with NRCS would be in the office and they would like to get an idea of how many living snow fences the county was considering for next spring, as well as the sites and proposed length of each. The letter added that they would need to know by June 27. Mr. Lyons said he would take care of it.

Ms. Devers said she had received an e-mail from Carol Fritz with Kit Carson County regarding the fact that Qwest will no longer cover 911 and Intrado wants to take it over. If the counties stick together it would save some money, but if one of the three decides to split off from the rest, it will be quite expensive. The Board had no interest in standing alone at this time.

Ms. Devers asked if the Board wanted her to contact the company regarding a wind tower at the courthouse, but Mr. Lyons told her to hold off for awhile.

Mr. Burgess said that he feels something has to be done about increasing the rate the county is paying for mileage, but both Mr. Beedy and Mr. Lyons said they did not want to do it in the middle of a budget year.

A four-day work week for county employees was discussed, and then the Board decided to bring it up again at the next department head meeting to discuss it there.

Mr. Lyons said that he never heard back from Jack Pfost about providing a value on the county property, so he thought he would ask Wayne Shade to keep an eye out for signs advertising realtors when he is down in that area.

With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on June 27, 2008.

___________________________________________ ____________________________

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