The Board of Lincoln County Commissioners met at 10:00 a

Board of County Commissioners of Lincoln County

Agenda for September 9, 2008

10:00 Call to order and Pledge of Allegiance

10:00 The Board will tour the fairgrounds with Fairgrounds Manager Mike Mosher to discuss upgrades and/or maintenance items to be considered

1:00 The Road Foremen to work on the 2009 budget request

1. Approve additional expense vouchers

2. Approve the minutes from the August 29^th and September 5^th meetings

3. Review and sign the proposal from Building Restoration Specialties, Inc. to rebuild the north wall of the Union Pacific Railroad roundhouse

4. Review the August reports from the Treasurer’s Office and the County Sheriff

5. Review the Quarterly Financial Status Report and the Quarterly Employment Report for the quarter ending June 30, 2008 for the Community Development Block Grant

6. Review a re-recorded Treasurer’s Deed for mineral interest only to correct the legal description

7. Review the December 31, 2007 Financial Statements for the Office of the District Attorney, 18^th Judicial District

8. Review paperwork received from the Colorado Division of Reclamation and Mining Safety concerning Lincoln County’s application to convert M-1978-072, Brent Pit, from a 110(c) Limited Impact Construction Materials Permits to a 112(c) Regular Construction Materials Permit

9. Review the application and associated paperwork for ambulance service for the Karval Fire Protection District

10. County Commissioners’ reports

11. County Administrator’s report

12. County Attorney’s report

13. Old business

a. Discuss enforcement of the Lincoln County Noxious Weed Management Enforcement Plan

14. New business

The Board of Lincoln County Commissioners met at 10:00 a.m. on September 9, 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 arrived at 1:00 p.m.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance and then Sheriff Tom Nestor stopped by to discuss a patrol car that he’d found in San Antonio, Texas. The demo vehicle, with approximately twenty thousand miles on it, is a 2005 Ford Crown Victoria that the sheriff said he could get for $11,000.00. He plans to have the Undersheriff fly down to pick it up, which he felt should be cheaper than having two people drive down.

Mr. Burgess made a motion to allow the sheriff to purchase a 2005 Ford Crown Victoria for $11,000.00. Mr. Beedy seconded the motion, which carried unanimously.

The sheriff also reported that he has all of his inmates back from Elbert County, and that there are still problems with the light being out on the radio tower, as the company that climbed the tower refused to work on it because they felt it was unsafe. Mr. Lyons said that he’d spoken with Lynne Stone, who said he wouldn’t have a problem climbing it, so the sheriff will contact Mr. Stone to see if he can fix the light.

At 10:00 a.m., the Board, Ms. Devers and Ms. Lengel toured the fairgrounds with Fairgrounds Manager Mike Mosher to discuss upgrades and/or maintenance items to be considered. When the group returned, it was determined that the county would look into GOCO funding for building new restroom facilities and refurbishing the grandstands.

Mr. Beedy made a motion to sign the $128,190.00 proposal from Building Restoration Specialties, Inc. to rebuild the north wall of the Union Pacific Railroad roundhouse. Mr. Burgess seconded the motion, which carried unanimously. Ms. Devers said that insurance would cover the entire amount.

The Board reviewed the August reports from the Treasurer and the Sheriff, as well as the Quarterly Financial Status Report and the Quarterly Employment Report for the quarter ending June 30, 2008, for the Community Development Block Grant.

Also reviewed were a re-recorded Treasurer’s Deed for mineral interest that was done to correct the legal description, the December 31, 2007 Financial Statements for the Office of the District Attorney, 18^th Judicial District, paperwork received from the Colorado Division of Reclamation and Mining Safety concerning Lincoln County’s application to convert M-1978-072, Brent Pit, from a 110(c) Limited Impact Construction Materials Permit to a 112(c) Regular Construction Materials Permit, and the applications and associated paperwork for ambulance services for the Karval Fire Protection District and the Hugo Volunteer Fire Department Ambulance Service.

Mr. Beedy made a motion to adopt a resolution approving the ambulance licenses for the Karval Fire Protection District. 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 September 9, 2008 there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Absent & Excused

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 #692 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, pursuant to the Colorado Emergency Medical Services Act, Section 25-315.101, et seq., C.R.S., the Board of County Commissioners has the authority to establish requirements for the inspection, licensure, and operation of ambulance services, ambulance personnel, and ambulance vehicles operating in the county; and

WHEREAS, the Lincoln County Commissioners adopted Resolution #651 and thereby established rules and regulations governing the licensure of ambulance services operating within Lincoln County; and

WHEREAS, the Karval Fire Protection District has presented the Board of County Commissioners with an application to license the ambulance service and to permit their ambulances as basic life support vehicles; and

WHEREAS, upon review the Board of County Commissioners determined that the documentation presented met the rules and regulations established under Resolution #651;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the Karval Fire Protection District is hereby authorized to provide ambulance service in Lincoln County with basic life support ambulances.

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. Beedy then made a motion to adopt a resolution approving the license for the Hugo Volunteer Fire Department Ambulance Service. 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 September 9, 2008 there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Absent & Excused

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 #693 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, the Lincoln County Commissioners adopted Resolution #651 and thereby established rules and regulations governing the licensure of ambulance services operating within Lincoln County; and

WHEREAS, the Hugo Volunteer Fire Department Ambulance Service has presented the Board of County Commissioners with an application to license the ambulance service and to permit their ambulances as basic life support vehicles; and

WHEREAS, upon review the Board of County Commissioners determined that the documentation presented met the rules and regulations established under Resolution #651;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the Hugo Volunteer Fire Department Ambulance Service is hereby authorized to provide ambulance service in Lincoln County with basic life support ambulances.

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. Beedy made a motion to approve the minutes from the meetings held on August 29, 2008, and September 5, 2008. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Lyons called for commissioner reports, and Mr. Burgess reported that on September 3 he attended the Child Welfare Action Committee meeting and they are working to determine what a feasible amount of clients is for caseworkers to handle. That evening, he attended the COG meeting and they are looking into developing a special needs register for disaster victims. On September 4, Mr. Burgess attended the Baby Bear Hugs meeting and a meeting at the Limon Town Hall regarding the unloading loop and train transfer station project. On the Fifth, he attended the special commissioner meeting to discuss the lodging tax issue.

Mr. Beedy attended the rail meeting on September 4, as well as the 18^th Judicial District budget meeting. On September 5, he participated in a CHP conference call to review recommendations for renewal, as well as the special commissioner meeting.

Mr. Lyons reported that he checked roads south of Arriba and east of Hugo on September 4, attended the commissioner meeting on the Fifth, and checked roads again on the Eighth, south and west of Hugo.

At 1:00 p.m., Road and Bridge foremen Chris Monks and Roger Noakes met with the Board to discuss the 2009 budget. After discussing several different line items, the Board determined that they should check into the next cycle of DOLA grants, especially since there seems to be no relief in sight with gas and fuel prices. Chris asked if it would be a good idea to put traffic counters out on some of the roads that seem to see heavier traffic, due to the oil exploration, and the Board felt it may help to make their case with the grant application if they had actual figures to present. Mr. Lyons felt he should put a counter on County Road 63 and one out by Jollys, and Mr. Burgess said he should probably put the other one on County Road 2W.

Mr. Burgess also said they would need to keep a close eye on the bridge fund so that they did not spend unnecessarily from it, as they will have to use those funds in 2010 to begin replacement of two bridges in the county. He added that they should also consider closing more gravel pits to avoid the permit fees. Mr. Beedy said they have five in his district that they are working on getting closed.

At 2:00 p.m., Weed Coordinator Wayne Shade met with the Board to discuss enforcement of the Lincoln County Noxious Weed Management Enforcement Plan. He told the Board that Kelly Uhing had contacted him regarding Linneburs’ weed problem. Mr. Beedy asked if he had been told up front that they would not control the weeds with chemicals, but Wayne said they had not. The Board reviewed a letter of formal complaint to the National Resources Conservation Service from one of the neighboring landowners, and Mr. Burgess asked Wayne if he had taken pictures. Wayne admitted that he hadn’t because he didn’t have a very good camera, so said he would have Ken Morrison go with him and take some with the Land Use camera.

It was decided that Mr. Kimble would compose a soft letter requesting that the Linneburs take proper measures to control the weeds, and that they would be given about a week to respond. If they refuse to respond, then the county will take further action.

Mr. Burgess felt that they should also address the erosion problems, but Mr. Beedy said that the commissioners do not have statutory authority in that area; only in the case of blowing dirt. He added that they could certainly file a complaint regarding the erosion, but felt that they should keep the issues separate, especially since they have the Noxious Weed Management Enforcement Plan in place.

Mr. Kimble emphasized to Mr. Shade that he needed to keep a log regarding dates and times and what was observed, as those would be the things that stood up in court, if it should be taken that far. He also advised Mr. Shade to get as many details as possible and to document everything. Mr. Shade will contact Ms. Thaller to obtain the legal descriptions and proper owners of the property in question, and then will take Mr. Morrison with him to take pictures, and Mr. Kimble will compose the soft letter.

Mr. Lyons asked Mr. Shade if he had heard from Fred Raish regarding the prairie dog resolution that he’d spoken of at the last meeting, but Wayne said he hadn’t gotten anything yet. Mr. Lyons asked if he would contact him to send it, Mr. Burgess said they needed to establish a pest control ordinance in the county, and Mr. Kimble said he would check the attorney list serve to see if he could obtain samples of pest control plans or ordinances there.

Chris Monks brought up the fact that he would like to discuss the possible purchase of a new weed truck and the shop using the old truck as a service pick-up. They’ve had numerous problems with tires and before the truck is totally ruined because of overload, they would like to get what use they can out of it. Chris asked if they could look into applying for grant funding, and Ms. Devers said she would see what she could find.

Before Roger Noakes left, Mr. Burgess asked Mr. Kimble what he had found out regarding whether or not the county could increase a property owner’s taxes for costs incurred by the county if they had to repair or replace that party’s cattle guards. Unfortunately, there is no provision in statute that allows for such actions. However, Mr. Kimble did say that the county could file a lien on the benefited property and that the landowner would then be encumbered when it came to selling or making changes to the land. He added that they may not get their money, although they could foreclose on the lien if they were so inclined.

Mr. Lyons wanted to know if there was a timeframe that the lien would be good for, and Mr. Kimble responded that it would probably be about six years. Mr. Kimble also suggested contacting Representative Cory Gardner to propose legislation for the next session, and Mr. Burgess said it would probably cost about $1,500.00 to get the cattle guards fixed.

Mr. Beedy said that the county had been known to assist with cattle guards in the past, especially when they directly affected a county road, and Mr. Noakes felt that it should be the landowner’s responsibility, so that the county wouldn’t be liable in the event something happened after the cattle guard was repaired or replaced.

Mr. Burgess said that Mr. Morrison had sent the party in question a letter letting them know that they were in violation of the county regulations, adding that their time is up next week. He added that he would go back and talk to the party again and see if they couldn’t work something out.

Mr. Shade returned to say that he’d spoken with Ms. Thaller and she would get him the information he needed regarding land descriptions and property owners, and then asked the Board if he should spend down his current budget by purchasing chemical, as he could still do so at a lower rate. He can get Tordon for $80.75 a gallon, even though the current price is over $100.00 a gallon. The Board told him to get what he could at the cheaper rate.

The only thing Ms. Devers had to report was that she had spoken with Shayla Morgan regarding her cleaning contract, and Ms. Morgan is willing to continue it as long as she is needed. The decision was made to extend the contract at $12.00 per hour through October 31, 2008.

Mr. Kimble really had nothing else to report, and Mr. Burgess said his only item of old business was that he’d spoken with Linda Yoder about decreasing the county fair by one day. Ms. Yoder had given him a list of activities that take place, but said that there had been talk about closing the Ellis Allen building on the Tuesday of fair, as there really isn’t much going on there then.

Ms. Barksdale had given Mr. Beedy a couple of contracts at the department head meeting earlier and asked that they be signed again, as a few minor changes were made. Mr. Beedy made a motion to re-sign the Northeast Colorado Citizen Review Panel Intergovernmental Agreement and the Child Protection Agreement for Mental Health Services between the Department of Social Services of Cheyenne, Elbert, Kit Carson and Lincoln counties and Centennial Mental Health. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Beedy asked if the others would agree to him attending the Governor’s New Energy conference in Denver, even though the registration fee is $120.00. They agreed that Mr. Beedy should attend.

Mr. Burgess asked if they should consider going out for bid for the Social Services attorney, as he felt that Darla Scranton Specht’s fees were way too high. He asked Mr. Kimble if he would be interested in the position as a full time county attorney, and Mr. Kimble said he would need to think about it.

Mr. Lyons brought up the two percent sales tax on pesticides again, stating that he felt it was unfair that only one company in the county ever collects and submits the tax. The others agreed, and Ms. Devers said if he knew that other companies were not collecting it like they are supposed to, she had the name of someone that she could contact to look into it.

Ms. Devers had two items of new business; one, an e-mail from Paul Huber with EcoStruct-EcoSol, LLC, whom she’d contacted concerning progress on the solar power system for the courthouse; the other, a letter from W.W. Enterprises regarding Cell 3 volume reduction for removing the south earthen berm at the landfill.

The final order of business before the Board approved the remaining expense vouchers for the month of August, 2008, was an e-mail from the Secretary of State’s office regarding campaign finance filings for the group wanting to impose the countywide lodging tax. Mr. Burgess said he would take the information to Tim Andersen.

CLAIMS

With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on September 16, 2008, at which time the commissioners will begin 2009 budget discussions.

________________________________________ _______________________________

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