Board of County Commissioners of Lincoln County
Agenda for September 17, 2008
10:00 Call to order and Pledge of Allegiance
10:00 Herman Schreivogel with Lincoln Community Hospital to present the hospital’s 2009 budget
1:00 Fairgrounds Manager Mike Mosher to discuss the 2009 budget request and personnel issues
1. Approve the minutes from the September 9th and 16th meetings
2. Review the August reports from the Assessor and the County Clerk
3. Review information from the Colorado Department of Public Health & Environment concerning a “boil water order” issued to Genoa
4. Review and sign a Mineral Lease & Right to Enter with Robert Eikermann for a county gravel pit
5. County Commissioners’ reports
6. County Administrator’s report
7. County Attorney’s report
8. Old business
9. New business
The Board of Lincoln County Commissioners met at 10:00 a.m. on September 17, 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 Lincoln Community Hospital and Nursing Home Director Herman Schreivogel met with the Board to discuss the 2009 budget for the hospital. The Board had no questions for Mr. Schreivogel, but Mr. Lyons did let him know that Sheriff Nestor wanted to speak with him regarding inmate medical services.
Toni Crismon was present for item number three on the agenda, which was information received from the Colorado Department of Public Health & Environment concerning a “boil water order” issued to Genoa. Kelly Alvarez had explained to Ms. Devers that the order was issued because the elevated storage tank was taken off-line for re-coating and modifications to the system. There was no infection in the system as rumors had indicated and according to town mayor Patricia Vice, there was a lot of misinformation going around. Taking the tank off-line would cause fluctuation in pressure, potentially introducing contaminates into the system, which was the reason for the order.
The minutes from the meetings held on September 9 and September 16 were approved as submitted.
The Board reviewed the August reports from the Assessor and Clerk, as well as the Veteran’s Service Officer.
After review, Mr. Beedy made a motion to sign a Mineral Lease & Right to Enter with Robert Eikermann for a county gravel pit. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Burgess reported that, on September 11, he attended a Centennial Mental Health meeting in Julesburg and that Dr. Liz Heckman was hired as the director. He stopped in Sterling on the way back for an Enterprise Zone presentation. On the Fifteenth, he attended the rail meeting in Limon and looked at roads north of Genoa. After the budget meeting, he called Kit Carson County Commissioner Jim Whitmore and Elbert County Commissioner John Metli to discuss DOLA grants. He asked if DOLA grant funds could be split between three districts, but did not get an answer, so he contacted Jo Downey earlier this morning. He has not received a response yet. He also called Cynthia Barnes with CTSI this morning to discuss a personnel issue that he will bring up again later in the meeting.
Mr. Beedy attended the fair board meeting on September 9, the Child Protection Team meeting on the Tenth, and the Technical Advisory Committee meeting to discuss the rail study on the Eleventh. On the Twelfth he attended the CCI Steering Committee meeting, on the Fifteenth he attended the rail meeting in Limon, and on the Sixteenth he attended the budget meeting.
Mr. Lyons said he would give his report after lunch, as he’d forgotten his appointment book, so Ms. Devers reported that since the Board had some questions about the letter they’d received from W.W. Enterprises regarding using the berm along the south side of Cell 3 for trash cover, she’d checked into it, and McLaughlin Stoddard Engineers estimated the useful life of Cell 3 to be thirteen years. Mick Jaques told her he thought trash was placed in it starting in April of 2006.
Mr. Burgess made a motion to allow the use of the berm along the south side of Cell 3 for trash cover and re-design, but after further discussion, he rescinded his motion. The Board felt they would like to meet at the landfill and discuss further options before making a decision.
Ms. Devers went on to report that the next deadline for applications for a GOCO grant is March of 2009, with awards to be made in June of 2009. She spoke with Wally Piccone who told her that the building constructed must be for bathrooms and showers only, which is the intention at the fairgrounds. Conservation Trust funds can be used for the match. Ms. Devers also said that grant funds can be requested for the replacement of seats in the grandstands, but not for general maintenance.
Mr. Burgess asked if the unit that he had brought information on would qualify for GOCO funding, but Ms. Devers said she had not asked. If she can get an estimated cost of the restroom unit, she will call Mr. Piccone back.
The Board reviewed the revised Treasurer’s report for August, and then Ms. Devers said that Colette Barksdale had requested county credit cards, each with a limit of $500.00, for six of her personnel.
Mr. Burgess made a motion to allow county credit cards with a $500.00 limit each to be issued to Shannon Sheffield, Lauren Lyons, Marissa Gray, Beverly Newbanks, Tricia Borns and Mary Solze with the Social Services Department. Mr. Beedy seconded the motion, which carried unanimously.
Weed Control Coordinator Wayne Shade stopped by to discuss chemical prices and the purchase of a new weed truck. He found a Ford F450 at Rush Truck Center in Denver for $38,753.00. It has nineteen and one-half inch tires and a bed, but it can be removed.
Mr. Burgess wanted to know if there would be a problem with trying to remove all of the equipment from the current truck and if it would have to be taken somewhere to have it done, but Wayne felt that everything could just be unplugged. He said he would definitely make sure before doing anything, and added that he has calls in to two other places for bids. Mr. Lyons asked how much they could get for a trade-in, and Wayne said it would be around fourteen thousand. Unsure whether or not grant funds could be used, Mr. Lyons commented that there was still approximately $35,000.00 in the Special Weed Fund. Ms. Devers said there may be restrictions on how it can be used.
After discussing the prices for Tordon and 24-D, how much chemical Wayne would still need to spray this year, and the fact that he can buy seven hundred and twenty gallons of Tordon at $80.75 each if he submits his order by the end of the month, Mr. Burgess made a motion to allow Wayne Shade to spend $60,000 out of the Chemicals line item in the 2008 budget (putting him over-budget in that line item), and to reduce the 2009 budget from $90,000 to $45,000 in that line item. Mr. Beedy seconded the motion, which carried unanimously.
Colette Barksdale brought in a breakdown of attorney fees paid by her office since 2005 and asked if it would be agreeable with the Board if she used the packet of information she had used in the past when going out for bid, especially since attorneys usually like to see a contract first before deciding if they want to bid on a position. The Board agreed and thanked Ms. Barksdale for the information.
Mr. Burgess asked if anyone knew whether or not the county could require an employee to have a certain class of CDL license. He said he’d contacted Cynthia Barnes at CTSI and she told him that it would require Board action, but that it could be done. Current County Road and Bridge job descriptions require a CDL license to operate certain types of trucks; however, they do not specify whether the license should be Class A or Class B. Mr. Burgess said he would like to take action and make it a requirement in District Two that everyone operating a truck obtain a Class A commercial driver’s license by January 1, 2009, or they would no longer be able to work in his district. He added that he wanted each commissioner or district supervisor to be able to make their own decisions as to whether or not they needed their employees to have a certain class CDL, as he understood that all cases may not be the same.
Mr. Burgess made a motion to adopt a resolution giving the acting authority in each road district the discretion to require either a Class A or Class B commercial driver’s license for their road employees who drive trucks. Mr. Beedy 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 17, 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 #694 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:
WHEREAS, pursuant to the federal Commercial Motor Vehicle Safety Act of 1986 and C.R.S. 42-2-404(1), no person shall operate a commercial motor vehicle upon the highways in Colorado on or after April 1, 1992, unless such person has attained the age of twenty-one years and has been issued and is in immediate possession of a commercial driver’s license (CDL); and
WHEREAS, the definition of a commercial motor vehicle made it mandatory that Lincoln County Road & Bridge employees who were truck drivers to have a CDL, but with an essential duty of the Road & Bridge Maintenance crew being to operate a dump truck, all such employees are required to have a CDL; and
WHEREAS, there are three license classifications, A, B, and C, of CDL licenses which are based on vehicle combinations, gross vehicle weight rating of the vehicle being driven and of that being towed, transport of 16 or more passengers and placarding for hazardous materials; and
WHEREAS, Lincoln County is comprised of three road districts, each with different types of motor vehicles, thus making the classification of CDL license required for the employees of each district to not be uniform; and
WHEREAS, to allow for the most efficient operation of each Road & Bridge District and yet to comply with the regulations for a CDL, the differences in each district must be recognized;
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that as a requirement of continued employment, effective January 1, 2009 all Road and Bridge employees, except for the positions of Shop Secretary and Office Manager, are required to have obtained a CDL, either classification A or B, as determined by the Road Foremen and the County Commissioners for their respective road districts.
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
At 1:00 p.m., fairgrounds manager Mike Mosher met with the Board to discuss the 2009 budget request and personnel issues. Changes made to the budget were a reduction in the Department Head Salary line item; from $16,800 to $15,780, which gives Mr. Mosher a $25.00 per month salary increase from 2008; a decrease in the Part Time line item from $5,850 to $5,000; and a decrease in the Judges line item from $4,000 to $3,500.
Mike said that the cement floor in the Ellis Allen building will need to be re-stained and Mr. Burgess wanted to know if he could purchase the supplies out of the 2008 budget and store them until he could get around to completing the work, which Mike thought may be next March. He thought he could do that, and then commented that he also found some kind of material that was purchased when Shanna Petersen was the Weed Control Coordinator that he thought was to be used on the floor of the weed shed. Mr. Burgess suggested using it in the jail, and Mike thought that they also may be able to use it if they build more restroom and shower facilities at the fairgrounds. Mr. Lyons asked him to keep it in storage.
Other line items changed in the Fair budget included the Utilities line item, which was increased from $2,000 to $3,000; the Premiums line item, which was decreased from $4,500 to $4,000; the Race Purse line item, which was increased from $1,000 to $1,500; and the Trash Removal and Septic line item, which was increased from $1,000 to $2,000.
At that time, Mr. Burgess made a motion to go into executive session, per C.R.S. 24-6-402 (4) (f) (I), to discuss a personnel issue. Mr. Beedy seconded the motion, which carried unanimously. Mr. Lyons, Mr. Burgess, Mr. Beedy, Ms. Devers, Mr. Kimble and Mike Mosher remained for the session, which was tape-recorded. The tape is on file in the County Clerk’s vault.
After coming out of executive session, Mr. Burgess said that he had not been able to get any concrete barriers from CDOT, so he asked Mike to contact Shawn Smith about building a concrete barrier around the dumping station, as well as a cement slab under the dumpsters.
Once Mike had gone, County Treasurer Jim Covington stopped by to inform the Board that he had just finished up a conference call with Colorado Diversified Trust, which currently holds $17,583.47 of county funds, and that 1.8% of their portfolio was in Lehman Brothers, who just declared bankruptcy. According to Mr. Covington, that could possibly result in a loss of $316.15 in county money. He added that the remaining balance was transferred to Colorado Trust and that Colorado Diversified Trust can no longer be a trust company. He said he just wanted the Board to be aware of the fact.
Mr. Kimble said that he would like to speak to the commissioners while Mr. Covington was there to address an issue with Tax Lien Sale Certificate buyers who have lost or misplaced their certificates over the years. By resolution, Mr. Covington can allow that the certificates be paid, but he has to do it individually. Mr. Kimble requested that the Board pass a blanket resolution allowing the lost or misplaced tax lien sale certificates to be paid.
Mr. Burgess made a motion to adopt a resolution allowing County Treasurer Jim Covington to pay out proper fees for any and all lost or stolen Tax Lien Sale Certificates. Mr. Beedy 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 17, 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
#695 It was moved by Commissioner
Burgess and seconded by Commissioner Beedy to adopt the following resolution:
WHEREAS,
buyers of Tax Lien Sale Certificates may lose or misplace their certificates,
necessitating the need on an individual basis for the Board of County
Commissioners to adopt a resolution authorizing the Lincoln County Treasurer to
issue and assign a new Tax Lien Sale Certificate; and
WHEREAS,
the process of issuing new Tax Lien Sale Certificates to replace ones that have
been lost would be streamlined if the Board of County Commissioners would adopt
a blanket resolution granting the Lincoln County Treasurer the authority to do
so; and
WHEREAS,
the Lincoln County Commissioners believe the adoption of such a resolution
would be a benefit to those who have lost their Tax Lien Sale Certificates;
NOW,
THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lincoln
County that the Treasurer of Lincoln County, State of Colorado, is granted
blanket authority to issue and assign, on an individual basis, new Tax Lien
Sale Certificates when the original certificate has been lost or destroyed.
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. Covington asked the Board if they intended to try and sell any of the mineral interests they have recently received by Treasurer’s Deed. He asked they not sell them for less than what the back tax amount is if they do make the decision to sell the mineral interests.
Mr. Kimble was asked if Mr. Covington was allowed to inform tax sale buyers of problems with properties, since they had the discussion the day before regarding the old Prairie View nursing home in Limon. Mr. Kimble cautioned against saying anything about any one specific property, although informing all the buyers through a blanket “buyer beware” statement would be acceptable.
Pauly Rodney with Colorado Association of Commerce & Industry stopped by the meeting to invite the Board, Ms. Devers and Ms. Lengel to a complimentary lunch with a guest speaker regarding Meeting the Global Climate Challenge on October 8. He answered a few questions and then once he had gone, Mr. Lyons said that Dean Rains was still interested in leasing the county-owned property down south.
Mr. Beedy suggested five dollars an acre and that Rains’ would have to fence it and provide water. Ms. Devers asked if the county would be responsible for paying back their costs for the fence if they (the county) discontinued the lease or sold the property. A decision was made to offer the lease for $200.00 for the year, with a requirement that the lessee provide fencing.
Bev Rains was asked if she and her husband were still interested, which they are, and she told the Board that they would use the approximate forty acres for winter/summer grazing; probably from February through June or July. The amount of $200.00 per year was agreeable with Ms. Rains, and if the county sells the property or ceases the lease for any reason, they will vacate it and remove their fence. Mr. Kimble will draw up a lease agreement.
Mr. Beedy asked Mr. Kimble if he had heard anything from Tom Hagan regarding the sheriff’s computer lease, but he had not. When asked if there was anything the sheriff could do if he doesn’t hear from Mr. Hagan, Mr. Kimble said that there is an abandoned property statute that they could look into where the equipment could either be kept or disposed of.
Brief discussion was held on the letters that Mr. Kimble sent to Ms. Devers for Wayne Shade’s signature regarding the noxious weed problem at Linneburs, and then Mr. Kimble said he had just recently sent out a request for rodent control ordinances, but had not received a response yet. He asked if the Board wanted him to look into erosion issues as well, and they felt it wouldn’t hurt.
Mr. Kimble said he’d had a discussion with attorney Steve Monks about several different things. He had asked about the dismissal of the case involving the Gilbert family and Mr. Monks said he would just file a decree stating the county had governmental immunity in the case. Mr. Monks was also representing a past county employee who was having issues with his retirement pension. Apparently, Reptech had assumed that the employee had been paying into his retirement since first starting with the county, which was not the case, and they misinformed him of how much money he would receive for retirement benefits. Mr. Kimble wanted to know if it would be acceptable to give Mr. Monks the name and contact information for the pension company, and Ms. Devers said she would get it to him.
Mr. Kimble also wanted to inform the Board of a civil case action that named the County Public Trustee in the complaint. Mr. Kimble said he would file a disclaimer from Mr. Covington.
Mr. Lyons gave his report, stating that on September 9 he attended the department head, commissioner and fair board meetings, on the Eleventh he and Mr. Beedy attended the Technical Advisory Committee meeting to discuss the rail study, and on the Fifteenth he attended the rail meeting in Limon.
The Board reviewed, and then signed, the letter that Mr. Beedy had said he would write to Public Service Company of Colorado asking that the Colorado Long Range Transmission Planning Group and Transmission Study Group not leave out eastern Colorado (EZ Zone 2) from its transmission planning, short and long term, and to better address the transmission needs of eastern Colorado in the 2009 plan.
Before going back to budget discussions, Mr. Burgess said he would look into requesting a $400,000 DOLA grant with a half match to be split between the districts. Ms. Devers was doubtful that it could be done without actually showing the oil and gas production and exploration in each district.
Ms. Devers said she’d had a phone call from Linda Yoder, who asked if they could increase the Extension office budget postage line item to $300, and then Mr. Burgess asked the others if they agreed that Land Use Administrator Ken Morrison deserved a salary increase.
Mr. Burgess made a motion to give Ken Morrison a one-time-only, two step salary increase, effective January 1, 2009. Mr. Beedy seconded the motion, which carried unanimously.
No changes were made to the Library or Contingent Fund budgets, Ms. Devers said she was still working on the Conservation Trust and E-911 budgets, and when discussion continued with the Capital Projects budget, Mr. Burgess said they needed to look at buying a new county van. They also felt they should continue replacing windows in the courthouse, and that another department should be re-painted and have the carpeting replaced in 2009.
Discussion was held regarding the communications tower and whether or not the light had been replaced yet. The Board felt that if there were other problems, they may either need to put in for a DOLA grant for a new tower or do away with it and have one put somewhere else.
Ms. Lengel said she would like the Board to consider what they might want to do with the old wooden ballot boxes in her office. There are at least twenty of them beneath the tables in the vault and since storage space is limited, Ms. Lengel felt she could use the area beneath the tables to store old election records. She said that she split the cost of the storage container on the west side of the parking lot with Mr. Covington in the hopes that some things could be stored out there, but the majority of the items in the vault need to be kept there. Since it does not seem that the county will ever have use for the ballot boxes again, at least for election use, Ms. Lengel said she would like to give some of them to the museums around the county to put on display. Ms. Devers said the depot in Hugo, or maybe even the town halls would want to have them, also, or even the offices in the courthouse. After that, they may want to consider selling them or auctioning them off. Mr. Burgess said they would look at the vault after the meeting to see what else might be done.
The Landfill budget was reviewed and $2,500 was added to the Cell Completion Costs line item. The Professional Services line item was increased from $2,500 to $3,500 and the Gas, Fuel line item was raised from $16,000 to $20,000. The Board questioned why the Telephone line item was so high, and will ask Mick Jaques about it.
With no other business to come before the Board, the meeting was adjourned until 9:00 a.m. on September 29, 2008.
_________________________________________ _______________________________
Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman