Board of County Commissioners of Lincoln County

Agenda for June 30, 2008

9:00 Call to order and Pledge of Allegiance

9:05 Discuss lifting the fire ban in unincorporated Lincoln County for public fireworks displays only

1:00 Extension Office Director Linda Yoder to give an update on office activities

2:30 Social Services Director Colette Barksdale to give her monthly report

1. Approve additional expense vouchers if necessary

2. Approve the minutes from the June 27^th meeting

3. Review and sign a contract with Martin/Martin Consulting Engineers for work on the Union Pacific Railroad roundhouse as a result of the partially collapsed north wall

4. County Commissioners’ reports

5. County Administrator’s report

6. County Attorney’s report

7. Old business

a. Landfill fees

8. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on June 30, 2008. The following attended: Vice-Chairman Steve Burgess, Commissioner Gary Beedy, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. Chairman Ted Lyons was absent and excused, and Kay Christie with The Limon Leader and Eastern Colorado Plainsman attended until the Board adjourned at 10:00 a.m. County Attorney Stan Kimble was present for the afternoon.

Vice-Chairman Steve Burgess called the meeting to order and led the Pledge of Allegiance, and then Sheriff Tom Nestor met with the Board to discuss lifting the fire ban in unincorporated Lincoln County for public fireworks displays only.

The sheriff felt the fire departments could handle the displays and that it might deter people from providing their own entertainment in that fashion. He reported that there have been fifteen fires in the county since June 13, so in no way does he think the ban can be lifted for anything other than the public fireworks displays. He added that if the Board intends to lift the fire ban, it should be done for specified times and for July 4 only, since that is when Hugo, Karval and Limon are scheduled to hold their displays.

Mr. Beedy made a motion to allow public fireworks displays in unincorporated Lincoln County on July 4; times specified by Sheriff Nestor and the respective fire departments, as long as fire departments are on hand for fire control. Mr. Burgess seconded the motion, which carried.

Mr. Burgess asked the sheriff if the lights are working on the radio tower and was told that they are supposed to be completing the second phase of work on it today. The sheriff admitted he had not been by there at night to see if the light was working or not, but said he would follow up with it when he left. Also discussed was the transmission in the old Ford, but the sheriff said he did not want to put anymore money the vehicle at this time.

The Board approved the remaining expense vouchers for June, and then they discussed approving the minutes from the June 27 meeting. Mr. Burgess said he felt they were fine, but wanted to table approval until July 7, when Mr. Lyons is back. No mention was made of the June 18 minutes, which were not approved at the June 27 meeting, due to the fact that Mr. Beedy had not attended that meeting.

The decision was made to have Mr. Kimble review the contract with Martin/Martin Consulting Engineers for work on the Union Pacific Railroad roundhouse for the partially collapsed north wall, and then Mr. Burgess called for commissioner reports.

Mr. Beedy said he had been gone, but wanted to report that he did not attend the Technical Advisory Committee for the railway relocation project meeting on June 27 that he had specifically asked that commissioners be invited to. Due to the fact that it had been such short notice, Mr. Beedy said that not many other commissioners were able to attend. He was fairly sure they would re-schedule the meeting sometime in July.

Mr. Burgess reported that he helped with sealing the courthouse parking lot on June 28, and also made a trip to the landfill with the dump truck full of trash. When he returned to re-open the parking lot that evening, he noticed that the east bank of lights in the parking lot had already come on at 7:00 p.m. Ms. Devers said she would check with Travis Nall to see if he could re-set the timer on them so they come on a little later.

Earlier this morning, Mr. Burgess attended a courthouse security meeting, reporting that Sheriff Nestor intends to apply for grant money so that he can hire two more part-time people to run the metal detector. Mr. Burgess felt that they could then utilize the two newest employees within the courtroom. The sheriff would also like to use grant money to purchase thigh restraints for inmates.

The County Administrator had nothing to report, so Mr. Burgess asked Mr. Beedy if he had any questions regarding what had been discussed at the meeting on June 27. Mr. Beedy read through the information from Blue Valley Energy regarding a geothermal heating and cooling system at the courthouse and said that the Washington County events building uses a geothermal system that was designed by their commissioner, Bruce Johnson. Mr. Beedy felt that it might be beneficial to contact him to see if he still does any work along that line. Mr. Burgess felt that another opinion certainly wouldn’t hurt.

Mr. Beedy also said that he’d received an e-mail from the Governor’s Energy Office that outlined their part in grant money for small wind energy projects. He added that the grants were for $25,000.00, and everyone felt that Lincoln County wasn’t quite ready for the grant application phase yet. Mr. Beedy thought they would probably continue to offer them in cycles.

The Board discussed the county coroner’s deputy charging gas on the county credit card at Loaf-n-Jug and what to do about it, since she had been sent a letter in January that didn’t allow such use of the card. Mr. Burgess had the opinion that the card should be pulled, as they have had numerous problems with it in the past, and she has been warned about the usage. Mr. Beedy said that, although he agreed, he felt they should wait for Mr. Lyons. Further discussion was tabled until July 7.

Discussion ensued regarding increasing landfill fees. Mr. Burgess said he would like to see them increased at least by ten percent, but Ms. Devers said it would be easier in one dollar increments. Mr. Beedy added that he would recommend a twenty percent increase if they were to do it. Mr. Burgess said he didn’t want to have to raise taxes by taking away one of the mills they give in the eight mill tax credit each year, which is what he is afraid will happen if they wait too long to raise the rates. At his request, Ms. Devers gave the fund balance at the end of May, which was $204,538.00. She did say that it had increased $10,000.00 during the month of May and would increase more in June with second half of property taxes coming due. No further discussion was held regarding landfill rates.

Ms. Devers said she had the Board sign a letter to the Baughman Foundation regarding the $15,000.00 grant application for the hospital’s electrical work, but that she would prefer they sign one with a June 30 date, rather than a June 20 date. Mr. Burgess said he would take it to Mr. Lyons to sign, as he was going to see him later.

Mr. Beedy made a motion to sign a letter permitting the engineer, historical architect, roofing consultant and contractors, as well as other necessary individuals, access to the property in order to perform their specific work to be done to the Union Pacific Railroad roundhouse. Mr. Burgess seconded the motion, which carried.

Ms. Devers shared the news that the $200,000.00 DOLA grant application for the electrical work at Lincoln Community Hospital had been approved, but that she had not yet had the opportunity to let Mr. Schreivogel know. Mr. Burgess said he would drop a copy of the letter off to him later.

Ms. Devers said she’d had a request to sell some of the oak chairs that the county owns to a party that had some other chairs they had gotten from the courthouse several years ago. The party wanted more to make a matching set, but the Board said they would not consider selling them.

There had been a question regarding the $250.00 service charge on the Plains Heating and Air Conditioning voucher and Ms. Devers said she’d spoken with Leon Kelly, who told him that it had taken them four-and-a-half hours to discover the leak in the compressor.

Ms. Devers asked Mr. Beedy if he had any information regarding SB08-194, which restructures Public Health, but Mr. Beedy said he didn’t have much knowledge of that particular bill. Ms. Devers commented that she had been told that, as a result of the bill, Public Health may wind up with a stand-alone budget, like Social Services has. Ms. Devers said she would contact CCI.

Since the Board had no other appointments until 1:00 p.m., the meeting was adjourned until that time.

The Board re-convened at 1:00 p.m., at which time Extension Office Director Linda Yoder met with them to give an update on office activities. Jim Covington was also present. Ms. Yoder explained that the 4-H program participants have been selling raffle tickets for a new pick-up and that they have sold almost all of them, which was an excellent fund raiser. 4-H kids have also been painting at the fairgrounds, and she took several to the state 4-H conference last week, where selected groups participated in a livestock knowledge bowl. Ms. Yoder had received Mr. Kimble’s information regarding the county’s authorities and responsibilities as far as the fair was concerned, and she had some additional paperwork to give him. Although Ms. Yoder felt that the sale committee should ultimately be answerable to both the Extension and the county commissioners, her main point was that 4-H is governed by rules mandated through the FDA and the state Extension Advisory Committee, so those rules must be followed by 4-H members, no matter what other rules the county may impose.

Mr. Burgess told her that if the commissioners choose not to require Premise ID, and 4-H does require it, then it would be likely that 4-H could no longer participate in the sale, which will be unfortunate.

Ms. Yoder did say that the sale committee usually works closely with the fair board, and generally run any changes that they intend to make by them for their opinion beforehand.

Once Ms. Yoder had gone, Mr. Covington asked if the Board would allow him to obtain bids for building a wall with a window and door in a portion of his office, as an employee had requested it. After some discussion, the Board told Mr. Covington to try some of the partition material that was given to the county to see if it would work before they spent money on a permanent structure.

District Attorney Carol Chambers stopped by the meeting to see if the commissioners had any questions for her, and Mr. Burgess expressed his frustration with the job done by the prosecuting attorney during a recent jury trial. Ms. Chambers said she was glad for the information.

Mr. Kimble reported that he had received an e-mail from Judy Lucero regarding Ms. Devers’ subpoena to testify in the Montour trial to be begin on July 24. Discussion was held regarding Ms. Devers being allowed to give testimony over the phone, and Ms. Chambers said she would contact John Topolnicki to request that she be able to do so. Ms. Devers asked if she would be required to submit documentation beforehand, as in the Perez case, and Mr. Kimble assumed that she would.

Mr. Kimble reported that he had called CDOT regarding the parcels of property the county donated to them, and they will be glad to draw up the deed, as long as the Board will sign the donation form, which they did.

Mr. Kimble also reported that he’d received a request from attorney Steve Monks, who is representing Roger and Cindy Gilbert in some wind energy leases. Apparently, they ran across approximately 3.17 acres in Sections 13 and 14, Township Six South, Range 52 West that was deeded to Lincoln County in 1921. Since the property is described as a strip of land sixty feet wide, Ms. Devers wondered if it had been dedicated as a county road at one time, and discussion was held as to whether or not the county could simply give the property away or if they had to sell it. Mr. Kimble said he would do further research.

Mr. Beedy commented that they may want to reserve the right to put a road in at some time, should the state ever choose to stop maintaining state highways.

Mr. Kimble reported that he had received information over the county attorney list serve which he wanted to share regarding an e-mail received from Rio Blanco County Clerk Nancy Amick. County Clerk Association attorney Willis Carpenter had commented at the clerks’ summer conference about the lawsuit brought forth on Montrose County Clerk Carol Tullis by an angry party who felt she should not have recorded a tax lien. The question arose as to whether or not public official bonds were sufficient, or if officials should also be covered with personal liability insurance. Mr. Carpenter felt that it may be possible to have the liability insurance carrier for the counties (if the county carries liability insurance) add “contractual liability” coverage to protect county officers who may not have signed an Indemnity Agreement with the surety. Montrose County Attorney Robert Hill sent an e-mail clarifying that the bond company in Carol Tullis’ case denied the claim of the angry party on the grounds that Ms. Tullis properly performed her job duties. However, shortly thereafter, the bond company made demand on the county and Ms. Tullis to pay its cost in defending the original lawsuit. Mr. Kimble remarked that he felt the situation would probably be taken care of, as Mr. Hill suggested a legislative fix to protect elected officials from such lawsuits as this, where the official has not violated the terms of the official’s bond.

Ms. Devers said she had faxed the information to CTSI, but had not yet heard anything in return, and added that the county does have a blanket errors and omissions bond in the amount of $2,750,000.00 through CAPP, which is renewable December 15 of each year.

Mr. Kimble produced the Motion for Release of Appeal Bond to Lincoln County in the Fal Calvert case, saying that he would now wait to hear the outcome of the $5,000.00 in fees being returned to the county.

Since Mr. Beedy had asked him to research 1041 authority dealing with railroads, he had done so, although he had not found anything worthwhile. He added that he had put it out on list serve and would also keep looking, as he had decided that it may be mentioned under the Federal Railroad Act. Mr. Kimble did not believe that railroads are subject to county zoning regulations.

Mr. Kimble reviewed the contract with Martin/Martin Consulting Engineers for work on the Union Pacific Railroad roundhouse as a result of the partially collapsed north wall, and found it to be acceptable, if rather one-sided. Mr. Beedy made a motion to sign the contract with Martin/Martin Consulting Engineers, and Mr. Burgess seconded the motion, which carried.

Ms. Devers asked Mr. Kimble if he would be available at 10:00 a.m. on July 18, as Greg Etl with DOLA will be meeting with the Board to discuss the Karval Fire Protection District and possibly the problems the town of Arriba has been having. Mr. Kimble said he would plan on attending.

Ms. Devers had also received a letter in the morning mail from the Division of Wildlife, inviting the Board to participate in the process of developing the 5-Year Big Game Season Structure for the 2010-2014 hunting seasons.

At 2:30 p.m., Social Services Director Colette Barksdale met with the Board to give her monthly report, introducing Joe Carrica, Field Administrator with CDHS.

The Board reviewed Ms. Barksdale’s employee time sheets and April and May reports and financial reports, and then she gave an update on the Fatherhood Initiative, which is still going well. They will be sponsoring a parent/child swim night at the Hugo pool on July 19, as well as one at the Limon pool on July 26. Ms. Barksdale also updated the Board on the findings from the State Fatality Review and the Corrective Action Plan. She explained that the protocols have been completed, but they have not yet met with Centennial Mental Health.

According to Ms. Barksdale, progress is still being made with the relationship between her department and CMH, although there are still a few issues. She assured the Board that they are getting them out in the open right away, rather than waiting to voice their complaints. Their objective is to have the protocols completed by August 15.

Ms. Barksdale apologized that the joint meeting between directors and commissioners had been cancelled, but said that they would rather have a larger number attending, and scheduling at this time is just too difficult.

She had brought three separate contracts with her for the Board’s approval: one with BOCES, another with Signal for Core Services; and the last with Centennial Mental Health for Core Services. The last two are regional contracts.

The first, with BOCES, was a Core Services contract for Day Treatment Center, in the amount of $48,000.00 for four units of service. Mr. Beedy made a motion to sign the Purchase of Service Contract Core Services Program between Lincoln County Department of Social Services and East Central BOCES for the term of July1, 2008 through June 30, 2009. Mr. Burgess seconded the motion, which carried.

The second contract, one of two regional Core contracts, now has Elbert County as the fiscal agent, and is specifically designed for substance abuse treatment services to child welfare clients, which Signal Behavioral Health Network agrees to provide. The contract between CELK (Cheyenne, Elbert, Lincoln and Kit Carson counties) and Signal allows or a maximum of $12,150.00 from the CELK Core Services Substance Abuse funds, to be paid equally in twelve monthly installments. Other provisions allow that the total maximum funding available for substance abuse treatment services from Core and AFS funding is $32,330.00. Mr. Beedy made a motion to sign the Signal Behavioral Health Network and County Department of Human Services of CELK Substance Abuse Treatment Service Agreement Child Welfare Clients contract for the Fiscal Year June 1, 2008 through June 30, 2009. Mr. Burgess seconded the motion, which carried.

The final contract was the Centennial Mental Health contract in the amount of $43,670.00. Mr. Beedy made a motion to sign the Child Protection Agreement for Mental Health Services between the Department of Human/Social Services of Cheyenne, Elbert, Lincoln and Kit Carson counties and Centennial Mental Health Center. The contract runs from June 1, 2008 through May 31, 2009. Mr. Burgess seconded the motion, which carried.

Mr. Carrica then spoke on changes within the administration after the hiring of the new state director, as well as changes they hope to make in the future. Then, with no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on July 7, 2008.

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Corinne M. Lengel, Clerk to the Board Steve Burgess, Vice-Chairman