Board of County Commissioners of Lincoln County

Agenda for June 27, 2008

9:00 Call to order and Pledge of Allegiance

9:05 Conduct a hearing on the Special Events Permit liquor license requested by Joe Will Post 6612 for the ranch rodeo to be held at the county fairgrounds

1. Approve payroll and expense vouchers

2. Approve the minutes from the June 18^th meeting

3. Review information concerning relocation of the Regional Planner position from Kit Carson County to Cheyenne County

4. Review information from Gerry Knudsen concerning modification of the existing cell at the county landfill and expansion at the facility

5. Review information from Blue Valley Energy, LLC concerning geothermal heating and cooling for the Courthouse

6. County Commissioners’ reports

7. County Administrator’s report

8. Old business

a. Discuss lifting the fire ban for public fireworks displays only

9. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on June 27, 2008. The following attended: Chairman Ted Lyons, Commissioner Steve Burgess, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. Commissioner Gary Beedy was absent and excused and Kay Christie with The Limon Leader and Eastern Colorado Plainsman attended the meeting until approximately 2:00 p.m.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then the Board conducted a hearing on the Special Event Permit (Fermented Malt Beverage—3.2 Beer) requested by Joe Will Post 6612 for the ranch rodeo to be held at the county fairgrounds.

Since no one objected to the permit, Mr. Burgess made a motion to allow the sale of 3.2% beer by Joe Will Post 6612 at the fairgrounds at specified times during the ranch rodeo event on June 27 and 28, 2008. Mr. Lyons seconded the motion, which carried.

The minutes from the meeting held on June 18, 2008, were approved as submitted.

The Board reviewed information concerning relocation of the Regional Planner position from Kit Carson County to Cheyenne County, which basically approved the request to rotate who administers the contract between the three counties on a three-year cycle, as well as states that Judi Mitchek would be given the option to transfer, rather than have to re-apply for the position.

Gerry Knudsen had sent information regarding modification of the existing cell at the county landfill and expansion at the facility. The Board discussed whether or not to have Knudsen Engineering and WW Enterprises to proceed with the expansion plan and Mr. Lyons felt that it would be a good idea, since the information indicates it could take up to two years for approval from CDPHE. Ms. Devers added that it would also be helpful for budget figures. Mr. Burgess added that Gerry told him that the rather large dirt pile on the south bank isn’t really necessary, and that Gerry said they would continue to evaluate the use of that dirt. They will prepare a budget and time-frame for the expansion and will submit it for approval before they start, if the Board is in agreement, which they are.

Lincoln County has also been recommended as a good candidate for one of the Colorado Solid Waste Association of North America scholarships, which allows for an operator to attend three-day Management of Landfill Operations (MOLO) training. The Board agreed that it would be beneficial.

Blue Valley Energy, LLC submitted information concerning geothermal heating and cooling for the county courthouse, which the Board reviewed. Ms. Devers wanted to know how to proceed, and after some discussion, the Board decided to table the matter until Mr. Beedy could take part in the conversation. Mr. Lyons commented that if they really wanted to try it, they should begin on a smaller scale, such as at the annex building, and he asked Ms. Devers to have Travis Nall contact J.D. Best, the Project Engineer with Blue Valley, to discuss square footage of the annex.

Mr. Burgess’ commissioner report started with a visit to the landfill on June 19, where he met with Gerry Knudsen. On the Twenty-fourth, he attended the railway relocation meeting in Hugo, adding that there was a large group there, and there are numerous concerned landowners from several different counties who have formed an organization known as CARR—Citizens Against Railroad Relocation. They intend to establish by-laws and will then elect permanent members to the committee. Mr. Burgess had a question as to whether or not the Land Use board would be involved in any way, and Ms. Devers said she didn’t know exactly how much power they would have when it came to that kind of a project, but that they could ask Mr. Kimble at the meeting on Monday.

Mr. Burgess said he’d received a call regarding the ladies restroom beneath the grandstands at the fairgrounds needing some attention in regard to a wall or partition of some kind, and Ms. Devers suggested possibly using some of those that were given to the county by Larry Chester.

Mr. Burgess also reported that he met with Heath from A-1 Slurry Seal and they will come out to start the parking lot on Saturday. Since the price of oil is so high and finding the time to chip seal the driveway into the courthouse from Third Avenue seems to be a problem, Mr. Burgess suggested they have A-1 seal that portion as well. He calculated that it would be close to eight hundred square yards, so it would be around $2,000.00 additional. Mr. Lyons wanted to know if the slurry seal would produce the same results as chip-sealing, and when Mr. Burgess told him it would, he agreed that sometimes it is better to do the whole job at one time, rather than separate it out. Mr. Burgess made a motion to slurry seal the approximate eight hundred square yards of the drive into the courthouse from Third Avenue, for an estimated cost of $2,000.00. Mr. Lyons seconded the motion, which carried.

Mr. Burgess said he calculated the price for the used pipe that the county got from Flatiron Construction, and it would be $18, 864.90. Since they estimated taking approximately $20,000.00 from the bridge fund to pay for it, he felt it was a reasonable price.

Mr. Burgess was contacted by County Coroner Jennifer Nestor regarding an unattended death that she felt the county may have to pay burial costs on. Mr. Burgess notified Ms. Devers, who pulled the old resolution regarding unclaimed human bodies. They can be given to the State Anatomical Board, but only if an autopsy has not been performed, which was done in the case Ms. Nestor was referring to. However, Ms. Devers said that Ms. Nestor had told her later that someone did take possession of the body, so the county would not be responsible for burial fees.

Mr. Lyons reported that he attended the meeting in Haswell regarding the railway relocation on June 20, and last night he attended the hospital board meeting. The nursing home still seems to be struggling a bit since they ideally need thirty or thirty-two patients to break even, although the hospital seems to be doing fairly well. Mr. Lyons felt they were taking a step in the right direction, as one member of the hospital board has agreed to attend PMC board meetings, and one member from the PMC board has agreed to attend hospital board meetings. The deadline to have the work done on the electrical system is October, and Mr. Lyons felt that was an unlikely timeframe.

Mr. Lyons placed a phone call to Pam with Can-America regarding the geothermal heating and cooling system they put in their shop, and she recommended it to everyone. She also said that the cost savings in the long run are well worth it.

Mr. Lyons asked for Ms. Devers’ report, who said that a woman by the name of Sandy Vana-Miller with Fish and Wildlife called about the county’s letter requesting to be designated prairie dog free. Her organization is waiting on a report from the Colorado Division of Wildlife concerning data they gathered on numbers of prairie dogs. After receiving that report, a determination can be made if all or a portion of Lincoln County can be given a block clearance since there are no ferrets. She added that she may hear something back from Fish and Wildlife in July. Mr. Lyons said that he would encourage anyone who feels that prairie dogs aren’t detrimental to the environment to go out to the Hugo ponds on County Road 2G and see the holes they have dug in the road.

Ms. Devers also reported that El Pomar Foundation will not consider funding for a grant from the hospital; she assumed because they are not a 501c3, and gave the Board the 2009 CAPP renewal information for their review. Also, Lincoln County Public Health was selected to participate in the “Cavity Free at Three” statewide initiative.

On Tuesday, July 29, Jim Martin, a member of the State Health Department Executive board, will be meeting with Public Health Director Tonda Scott, and would like to reserve some time for a county commissioner to meet with. Mr. Burgess said he would meet with the gentleman.

Ms. Devers had some questions on the bill she received from Dan Hendricks regarding the carpet installation and removal at the Assessor’s office. He requested an additional $314.35 because he had to purchase extra glue, plus was charging more for labor for an extra hour of floor patching.

The Board agreed to pay the additional $25.00 for the labor, but disagreed with giving Dan Hendricks any money other than what he originally bid the project for.

Ms. Devers said the original bid was for $2,133.96, and the Board agreed to give him an additional $303.33 when he explained that he had bid the job wrong to begin with. Since they had written a check for $1,233.96 prior to the work being done, the total due, including the $25.00 additional labor charge, will be $1,228.33.

Mr. Lyons said he drove by the radio tower on June 23 and it doesn’t appear that the light is working on it.

Regarding new business, Ms. Devers said she received an e-mail from Kiowa County Commissioner Donald Oswald regarding a regional meeting to discuss the railway relocation project. The Board decided that July 8, 11, 14 or 15 would be fine, and Ms. Devers said she would contact Mr. Beedy to see which of those dates might work for him. She added that she would try to find a place to hold the meeting.

At 1:00 p.m., Carl Stogsdill met with the Board to discuss the article he read in the newspaper regarding the dissolution of the Karval Fire Protection District. Cherry Stogsdill was also present.

Carl said he does have a petition out to dissolve the district, and that he believes he has enough signatures at this point to submit it. The process involves obtaining the signatures, submitting the signed petition to the fire protection district board, the board coming up with a plan, and then submitting that plan to a judge. It is then up to the judge to determine if there should be a hearing, if the district should remain the way it is, or if it should go to a vote of the people to dissolve it.

Mr. Stogsdill gave the following reasons for circulating the petition: the volunteer service operated more efficiently before the district was formed; the district is too large and encompasses an area that would be better served by neighboring fire departments; landowners in the district are being taxed twice when county equipment is used to fight fires; and more grant funding should be pursued, among other reasons. He added that he does not have a problem with the way the district is being operated, but that his biggest concern is the seven mills that are being collected, as it is higher than any other fire protection district in the area. He believes that it is too high in comparison to the 27 mills for the Karval school district.

Carl added that he had never said that he assumed the county would take over the district if it were dissolved.

Ms. Devers wanted to know if there was a plan regarding the tax money that has already been collected by the district, adding that the law would likely decide what happened to the equipment and supplies if the district were to be dissolved. She added that part of the district’s plan has to include how the service will be provided once the district is gone, and asked Mr. Stogsdill if that was something the district board members had to decide.

Mr. Lyons wanted to know what Mr. Stogsdill’s solution to the problem was, such as who would write future grants.

Carl again stated that they were not complaining about the operation of the district; just the mill levy, and when Mr. Lyons asked who “they” are, Mr. Stogsdill responded that he was referring to those taxpayers who have signed the petition.

Mr. Burgess asked why the district had to be completely dissolved to reduce the mill levy, stating that in his opinion they could just ask the board for a temporary tax credit, like what the county does with the eight mills each year. He explained that the commissioners have the power to raise or lower taxes each year within those eight mills, but if they were to go over that amount, they would have to go to a vote of the people.

Mr. Stogsdill responded that he had been told that the district cannot operate on less than seven mills, so a temporary tax credit had never been discussed.

Mr. Burgess commented that if they present their reasons for that statement to a judge, chances are the judge could rule in their favor anyway, to which Mr. Stogsdill said that was true.

Mr. Lyons wanted to know what Carl would do to run it using less tax money, but he said he was not going to get into a discussion on that matter. Carl also wanted it to be known that he was not representing any group other than the taxpayers, as he did not want his connection with the Karval Community Alliance to be involved in any way.

Ms. Devers asked how much the last election cost the district, and Carl answered that they had budgeted $1,500.00 for it, but that they “went over a little bit.”

Mr. Burgess made it clear that he would not vote in favor of the county taking over fire protection in that area if the district were to be dissolved, and Ms. Devers commented that there is, at present, a very big issue with pursuing grant funding since the district is not in compliance with federal regulations. She explained that the members are not NIMS certified, which makes the district ineligible for grant funding.

Once Mr. Stogsdill had gone, Mr. Lyons said that he forgot to mention that he spoke with Susan Leach about the property that the old Hall Station polling place building sits on. The Leach’s do not own the property. Ms. Devers said she was aware of that, but that she apparently had not explained it well enough at the last meeting.

Mr. Lyons repeated that the light on the radio tower is not working, as he had spoken with Gorden Hollowell, who told him the same thing. Ms. Devers placed a phone call to the sheriff’s office to see if Sheriff Nestor could come and discuss it with the Board, but neither he nor Undersheriff Nall was in.

The Board approved the June payroll and expense vouchers for the month and then Ms. Devers said the Board had received a copy of a letter from the Kit Carson County commissioners to CDPHE agreeing with the terms in their letter dated June 16. Ms. Devers said she hadn’t realized that the Board needed to respond, so she would take a look at the conditions again.

With no further business to come before them, the meeting was adjourned until 9:00 a.m. on June 30, 2008.

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