Board of County Commissioners of Lincoln County  

Agenda for July 31, 2008

 

 

9:00 Call to order and Pledge of Allegiance

 

9:05 Cathy Martin and Alexandra Larson with the Nature Conservancy to extend a personal invitation to an open house barbecue

 

9:30 Dean and Nova Waite to discuss their work schedules

 

10:00 Social Services Director Colette Barksdale to give her monthly report

 

1:30 The Commissioners will act as the Board of Equalization and conduct a hearing concerning the 2008 valuation of assessment on property owned by Limon Hospitality LLC

 

 

 

1.      Approve additional expense vouchers if necessary

2.      Approve the minutes from the July 30th meeting

3.      Review a final determination from the Division of Property Taxation concerning property owned by the Providence Reformed Church at 725 Michigan Avenue, Limon

4.      Review a Treasurer’s Deed to Lincoln County for mineral interests only

5.      Review and sign a Quit Claim Deed from Lincoln County to the Colorado Department of Transportation

6.      County Commissioners’ reports

7.      County Administrator’s report

8.      County Attorney’s report

9.      Old business

10.  New business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Board of Lincoln County Commissioners met at 9:00 a.m. on July 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.  Kay Christie with The Limon Leader and Eastern Colorado Plainsman was present until noon, and County Attorney Stan Kimble arrived at 1:00 p.m.

 

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Cathy Martin and Alexandra Larson with the Nature Conservancy met with the Board to extend a personal invitation to an open house barbecue on September 7, from noon until three.

 

The Board approved additional expense vouchers, and then janitors Dean and Nova Waite met with the Board to discuss their work schedule.  Mrs. Waite explained that she will be having another surgery on Monday, August 4, and although she wants to say she will be able to come back to work, she simply doesn’t know when, or if, she will be able to.  Mr. Burgess asked that they be notified after the surgery to see how things went, and they would wait to see what happened.  Ms. Devers said she was sure Nova would be able to draw a paycheck for the month of August through donations of sick leave hours that other employees are giving.

 

Corrections to the July 30, 2008 minutes included the addition of “and a raccoon in neighboring counties” and changing “Clean Air Energy Authority” to “Clean Energy Development Authority.”  Mr. Burgess made a motion to approve the minutes with the corrections, Mr. Beedy seconded the motion, and it carried unanimously.

 

The Board reviewed a final determination from the Division of Property Taxation concerning property owned by the Providence Reformed Church at 725 Michigan Avenue in Limon, as well as a Treasurer’s Deed to Lincoln County for mineral interests only. 

 

The Quit Claim Deed from Lincoln County to the Colorado Department of Transportation was put on hold until Stan Kimble could look it over, so Mr. Lyons called for commissioner reports.

 

Mr. Burgess reported that he attended the CARR meeting the night before, but that they had only discussed by-laws.  Mr. Lyons said he attended, as well, but wants to ask Mr. Kimble if a commissioner is allowed to belong to that organization.

 

Under old business, Mr. Burgess said he would like to discuss the fact that the county coroner purchased tee-shirts and jackets for her department using the county credit card, and he doesn’t believe that is acceptable.  Unfortunately, since the items were purchased with the credit card, they have already been paid for.  Before the discussion could continue, however, Ms. Barksdale arrived for her appointment with the Board.

 

The June Social Services financial and caseload reports were reviewed, and Ms. Barksdale said she had added another report; the TANF report, and explained a little bit about it.  She updated the Board on some meetings that will take place in August; Works Allocation Committee and Law Enforcement Protocols on the Thirteenth, the Fatherhood Initiative on the Fourteenth, and the Early Childhood Council meeting on the Twenty-fifth, and then said she will be closing her office on September 11 and 12 for the Bridges out of Poverty training for her staff.  She went on to explain that she received notice that they met all the requirements for the Health Care Policy and Finance and will not need to submit a corrective action plan.  Nor is there a county plan required at this time for Children and Family Services Review.

 

Ms. Barksdale presented the contract for the Northeast Colorado Child Care Resource and Referral in the amount of $18,268.00 for the period of July 2008 through June 2009.  Mr. Beedy made a motion to sign the NCCCRR contract, Mr. Burgess seconded the motion, and it carried unanimously.

 

Mr. Burgess made a motion to go into executive session, per C.R.S. 24-6-402 (3) (a) (III) and C.R.S. 24-6-402 (4) (f) (1), to discuss personnel.  Mr. Beedy seconded the motion and it carried unanimously.  Those remaining for the session were Mr. Lyons, Mr. Burgess, Mr. Beedy, Ms. Devers and Ms. Barksdale.  The session was tape-recorded and the tape is on file in the County Clerk’s vault.

 

After coming out of executive session, Mr. Burgess made a motion to sign the Jesse Weaver Corrective Action Plan to send into the state; with all eleven recommendations to be addressed.  Mr. Beedy seconded the motion, which carried unanimously.

 

Mr. Beedy made a motion to add a Service Administrator position to the Social Services staff, as well as to approve pay scale changes and changes in the caseworker supervisor job description, effective August 1, 2008.  Mr. Burgess seconded the motion, which carried unanimously.

 

Mr. Burgess asked Ms. Barksdale if she would provide a copy of Darla Scranton Specht’s 1099 form for 2007, as budget time is rapidly approaching and he would like to see what was paid out in attorney fees.  Ms. Barksdale promised him the information he wanted, although she said she would prefer not to give him the 1099.  She will also provide a breakdown of what was paid to Stan Kimble.

 

At 11:20 a.m., Fair Manager Mike Mosher met with the Board at Mr. Lyons’ request.  They had several vouchers that were submitted for fair, prior to the people actually working, and did not feel that was appropriate.  After some discussion, it was decided that all of the vouchers would be paid on August 6.  Discussion ensued regarding raising the rates for rodeo events scheduled by outside entities, but no decision was made.  Mr. Lyons felt the fair board should be involved, and added that any of those events are actually economic development for the county.  Ms. Devers reminded the Board that they do set the rental fees for the fairgrounds.

 

After Mr. Mosher had gone, Mr. Burgess made a motion that, as of August 1, 2008, no personnel attire will be purchased using county funds, other than for the Sheriff’s office, without the approval of the board of county commissioners.  Mr. Beedy seconded the motion, which carried unanimously.

 

Mr. Burgess said that he’d taken the car the commissioners’ drive out to Chris Monks at the shop, and Chris was concerned that they would be ruining one decent vehicle by switching transmissions.  Mr. Burgess said he’d had an idea to purchase a vehicle for the sheriff’s office this year, and then not budget for one next year, so he asked Ms. Devers what the balance in the Capital Projects fund was.  Sheriff Nestor had told Mr. Burgess that he considered buying both a new and used vehicle next year, but Mr. Lyons wondered if the used SUV was still available in Flagler.  Mr. Burgess said that it was possible that Flagler was going to go back to having a town marshal if Kit Carson County decided to charge them for the service of providing law enforcement within the city limits, which was something he’d read in the paper.  The Board decided they would discuss it further when Sheriff Nestor comes in.

 

As for new business, Mr. Burgess said that he’d also read in the newspaper where the counties surrounding Lincoln County have been given the federal drought disaster designation and wondered why Lincoln County wasn’t on the list.  The Board placed a phone call to Greg King with FSA, but he was unavailable until afternoon.

 

At 1:00 p.m., Darcy Janssen, the Emergency Manager for Kit Carson and Cheyenne counties, met with the Board to discuss the MOU for the Emergency Preparedness Network, specifically Reverse 911.  She explained that they have had to re-negotiate with Intrado and that they will take over the entire contract and initiate the calls.  Kit Carson County will continue to be the host county and Ms. Janssen assured the Board that it would not cost any more.  She added the other two counties had already signed the MOU, so if the Board approves it, she will leave a copy.

 

Mr. Beedy made a motion to sign the MOU with Kit Carson and Cheyenne counties for the Emergency Preparedness Network and Reverse 911.  Mr. Burgess seconded the motion, which carried unanimously.

 

Sheriff Nestor had come over at 1:00 p.m. as well, so explained to Mr. Kimble what he had told the Board the previous day regarding the computers in his department.  He added that he wasn’t sure what would happen if Mr. Hagan submitted a bill at the end of the year requesting payment when he hadn’t even answered the sheriff’s phone calls or e-mails all year, let alone showed up to provide any support.

 

Mr. Kimble told him that he believed any lease that covered anything more than a one-year period would need to be in writing, but felt that Mr. Hagan should be sent a letter.  He wanted to know if Mr. Hagan owns the computers, but the sheriff said he didn’t really even know, although he thought he might own two of them.  Mr. Kimble asked the sheriff to get him the gentleman’s name and address, and he would send him a letter.

 

Sheriff Nestor brought up the previous day’s conversation regarding the employee he forgot to give the raise to when he was moved to a road deputy position.  Mr. Burgess asked if it would be considered the one-time only step increase that would keep them in compliance with the personnel policy, but the sheriff didn’t feel that the employee should pay for his mistake.

 

Mr. Burgess made a motion to increase Albert Leach’s salary, effective August 1, 2008; placing him on Level 3, Step 3, to correct the sheriff’s oversight.  Mr. Beedy seconded the motion, which carried unanimously.

 

Discussion was held regarding changing transmissions in two of the county vehicles, and Mr. Burgess explained to the sheriff what Chris Monks had told him.  The sheriff said he had checked on the vehicle in Flagler, but they are no longer interested in selling it.  Finally, Mr. Lyons said he would like for Sheriff Nestor to decide how he wanted to handle it and come back on August 6 with the information.

 

At 1:30 p.m., the Board conducted a hearing, acting as the Board of Equalization, concerning the 2008 valuation of assessment on property owned by Limon Hospitality, LLC.  Ms. Devers commented that the party protesting the valuation would not be present, nor would there be anyone attending on their behalf.  She added that she thought they were hoping for an administrative denial and would then take it to the Board of Assessment Appeals.  Others present for the hearing were County Assessor Estelle Thaller and members of her staff; Jeremiah Higgins and Renita Thelen.  The hearing was tape-recorded and the tape is on file in the County Clerk’s vault.


Mr. Lyons began the hearing by stating that the Board would convene as the Board of Equalization, adding for the record that Howard Licht, tax representative for the 1st Inn Motel, was not present, either in person or by telephone, for the hearing.

 

Ms. Thaller gave an overview of how she arrived at the 2008 valuation for the property in question; 158 East Main Street in Limon, explaining that she had used the cost approach to determine it.  The motel was originally purchased on November 10, 2005, for $500,000.00, although the value prior to protest was $580,882.00.  Ms. Thaller said they researched it when the owner sent in their NOD, and lowered the value to $450,000.00 using the market approach.  The owner has now requested a valuation of $110,000.00.

 

Ms. Thaller provided documentation for comparable sales, as well as the three different approaches that could be used to complete the valuation.  The 2008 value of the property using the Sales Comparison Method (or market approach) would be $487,390.00; valuation using the Cost Approach would be $467,593.66; and the property value using the Income Approach would be $517,694.98.  Thus, the County Assessor’s Reconciliation of Value was $450,000.00 for 2008.

 

Mr. Burgess said he felt she had been more than fair, stating that if an average market cost was used, it should actually be valued at $490,893.00.  Mr. Kimble put in that the BOE has the right to raise the value at this hearing, if they are so inclined, and Ms. Thaller said that they do not have to make a decision today.  Mr. Kimble agreed, stating that the only restriction was that they did have to reach a conclusion by August 5, and then had five business days from that date to submit a letter to the property owner.

 

Before Mr. Lyons concluded the hearing of the Board of Equalization, Mr. Kimble checked the hallway and lobby area of the courthouse to be sure that the owner had not arrived.  He returned to report that neither the tax-paying property owner, nor his agent, was present.

 

Mr. Lyons concluded the hearing of the Board of Equalization.

 

Ms. Thaller said that whatever they choose to set the property value at, if the owner decides to go before the Board of Assessment Appeals, they will have to start the entire process over again.

Mr. Beedy made a motion to adopt a resolution denying the request that the 2008 valuation for the 1st Inn Motel located at 158 East Main Street in Limon, Colorado, be reduced to $110,000.00.  The valuation will remain at $450,000.00, as set by the Lincoln County Assessor.  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 July 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 #688              It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

 

            WHEREAS, pursuant to C.R.S. 39-8-106 (1) the Board of County Commissioners will act as the Board of Equalization and hear appeals filed by taxpayers who disagree with the property value established from the determination of the County Assessor: and

 

            WHEREAS, a petition for a change of value was received from Limon Hospitality, LLC for their property at 158 E. Main Street, Limon, CO, parcel #258516307001, also known as the 1st Inn Motel; and

 

            WHEREAS, the petitioner had retained the services of Licht and Company to represent them at the hearing before the Board of Equalization held at 1:30 p.m. on July 31, 2008; and

 

            WHEREAS, neither the petitioner or the agent was present at the hearing to provide evidence in support of changing the 2008 value for the subject property from $450,000 to $110,000; and

 

            WHEREAS, the Lincoln County Assessor presented evidence that the sales comparison method was the most reliable method of valuation for the subject property since it was sold during the statutory sales period and that the $450,000 2008 value is fair and equitable;

 

            NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County, acting as the Board of Equalization, that the petition from Limon Hospitality, LLC requesting a change of value on the subject property from $450,000 to $110,000 is denied for the following reasons:

 

1.       The comparable sales used by the Assessor support the value assigned to the subject property.

2.       The subject property was purchased for $500,000 and no evidence was presented to support the claim that $110,000 is the correct value.

 

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 called for the County Attorney’s report, and Mr. Kimble said that the judge signed the Calvert bond release earlier this week, so the county should be receiving $5,000.00 any time.  He added that if the Board would sign the deed for the property that they wish to donate to CDOT, he will notarize it and take it back to his office to check the project code numbers to make sure they are correct.

 

Mr. Burgess made a motion to sign the Quit Claim Deed from Lincoln County to the Colorado Department of Transportation for two small parcels in NE4; 10-12-53.  Mr. Beedy seconded the motion, which carried unanimously.

 

The Board asked Mr. Kimble’s opinion regarding the GOCO grant that Karval Community Alliance would like to apply for, but Mr. Kimble had a few concerns.  He said he didn’t care for the twenty-five year restrictive covenant, but that GOCO has plans to change that, although for some reason they can’t do anything until October.  He also didn’t necessarily care for the county providing roads, and Mr. Beedy agreed, stating that he couldn’t see providing that type of in-kind service to a private entity that isn’t owned by the public. 

 

Ms. Devers said she didn’t feel that there was any sense in asking for the funding if an RV park isn’t even an acceptable project for the grant money, and Mr. Burgess didn’t like obligating future boards for twenty-five years.

 

The Board asked that Mr. Kimble attend the meeting the morning of August 6 when the Karval Community Alliance group returns to discuss the situation further.

 

Mr. Kimble reported that the Karval Fire Protection District did hire an attorney by the name of Marcus McAskin with Grimshaw and Harring and that they had found several problems with the first application that Mr. Stogsdill’s group had submitted.  He said they intended to keep the $300.00, and told the applicant that they could file another application, as long as they submitted another $300.00.  Ms. Lengel told Mr. Kimble that she had received the Intent to participate in the November General Election from the attorney, but assumed it was because the last day to do so was July 25.

 

Mr. Lyons asked if someone could file a lawsuit against Mr. Stogsdill’s group, and Mr. Kimble said it would depend on the circumstances, but it may be possible.

 

Mr. Lyons asked Mr. Kimble if a commissioner could be a member of the C.A.R.R. organization, but Mr. Kimble said it would be a risky move, as that person may be involved in making quasi-judicial decisions later on down the road.

 

Mr. Lyons also told Mr. Kimble about their conversation with Eric Lane the previous day, regarding Linneburs’ weed issue.  Mr. Burgess felt they would need to notify others in the county also, as he didn’t think they could single out one particular offender. 

 

Mr. Kimble asked for a copy of the Weed Control manual, as well as the Personnel Policy, and then said that when it comes to nuisance issues, which would apply to this case, one party can’t be singled out, but they can be taken on a case-by-case basis, as the county resources allow.

 

Mr. Lyons wanted to know if the county needed a written complaint from a neighboring landowner, and Mr. Kimble affirmed that.

 

In regard to hiring an independent contractor to clean the courthouse in the absence of Mrs. Waite, Mr. Kimble said that it would be okay, as long as the contract was similar to Del Beattie’s and the party did not receive benefits or have their voucher run through the payroll. 

 

Before the Board could make a decision concerning cleaning, Greg King with Farm Service Agency called back.  Mr. Burgess told him that he’d read in the previous day’s Rocky Mountain News that all counties surrounding Lincoln County were given the federal drought disaster designation.  Mr. King said he had been busy trying to get the emergency haying and grazing declaration, but would begin working on the drought disaster designation next week, adding that he felt the haying and grazing was more critical at this time.

 

Once the Board was finished talking to Mr. King, Mr. Beedy made a motion to hire Shayla Morgan as an independent contractor to clean the courthouse, excluding the individual offices, for $12.00 an hour with no benefits.  Mr. Burgess seconded the motion, which carried unanimously.  Mr. Kimble suggested obtaining a job description for contract labor.

 

The Board set the meetings for the remainder of the year, and then Ms. Devers said she had received the protection plan from Farmers New Holland on the Skidster, and it expires on October 31, 2010.

 

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

 

 

 

 

 

________________________________________                    ____________________________

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