Board of County Commissioners of Lincoln County  

Agenda for October 16, 2008

 

 

9:00 Call to order and Pledge of Allegiance

 

10:30 A representative from Wildlife Services will discuss black-footed ferret surveys and prairie dog control

 

1:00 Roy Murphy to discuss his request for an exemption from the Subdivision Regulations

 

1:30 The Board will conduct a hearing on Petitions for Abatement of Taxes received from Limon Hospitality LLC

 

 

 

 

 

1.      Approve the minutes from the October 8th meeting

2.      County Commissioners’ reports

3.      County Administrator’s report

4.      County Attorney’s report

5.      Old business

6.      New business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Board of Lincoln County Commissioners met at 9:00 a.m. on October 16, 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 10:30 a.m., as did Kay Christie with The Limon Leader and Eastern Colorado Plainsman; however, Ms. Christie only stayed for the portion of the meeting regarding the prairie dog issues.

 

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Mr. Beedy made a motion to approve the minutes from the meeting held on October 8, 2008.  Mr. Burgess seconded the motion, which carried unanimously.

 

Ms. Devers said that Ms. Barksdale had informed her that her staff would not be going to May Farms in Byers at the end of the month, due to a conflict, but that they would most likely hold their meeting somewhere else in the county; possibly the fairgrounds.  A brief discussion was held regarding the Social Services Department and several issues that the Board had questions about.

 

Ms. Devers also received an e-mail regarding a conference call at 1:30 p.m. having to do with Centennial Mental Health, but she did not know if one of the board members wanted to participate in it or not, since that was the same time that the abatement hearing was scheduled for.  She also handed out some information given to her by Wayne Shade, who had received it from Kelly Uhing.

 

Mr. Burgess reported that he had to skip a Child Welfare meeting on October 9 in order to attend a funeral, but that he did speak with Roger Noakes and stopped by the landfill on October 15.  He also had an issue with an employee earlier this morning that he had to take care of.

 

Mr. Beedy reported that he attended the State Transportation Advisory Committee meeting on October 10, stating that a portion of Highway 287 may receive funding for work in 2009.  The roughly twelve miles of east 287 will cost approximately twelve-and-one-half million dollars, but if the estimated funding is not allocated by the state, the project will not take place.  Mr. Beedy said that he was concerned about Highways 71 and 94 being designated as alternate routes and added that he would like to request flashing stop signs be put up at the 94/109 junction, as well as flashing “intersection ahead” signs.  Mr. Burgess suggested he also request signs for reduced speed.

 

On October 14, Mr. Beedy attended an informational breakfast in Denver where various transportation issues were discussed.  Afterward, he attended the energy conference, although it wasn’t as good as he had anticipated.  He did obtain some information on other companies who work with solar energy, so felt that they may at least be able to get proposals from someone besides Eco Sol.

 

Mr. Lyons reported that he drove out to the landfill after receiving information that there had been several complaints regarding the road, but didn’t see where there were any problems with it.  He added that if the county receives DOLA grant money for Road & Bridge, he would like to see them split the funding in a fifty; twenty-five, twenty-five manner according to whichever district needs the most.  The others agreed.  Mr. Lyons said he’d also spoken with Jay Jolly who told him that the rail meeting had gone well.

 

Ms. Devers reported that Gary Higgins provided an $890.00 quote for the zone paging in the courthouse, but that she was in the process of making sure he knows what exactly is needed.  She asked if it would be acceptable to give him approval to do the work since there is still $2,000.00 available in the Court Security Fund grant.  The work must be billed and completed by December 31, 2008, in order to meet grant specifications. 

 

Mr. Beedy made a motion to allow work to be completed on the courthouse zone paging system as soon as Mr. Higgins understands what is being requested. Mr. Burgess seconded the motion, which carried unanimously.

 

Ms. Devers received a new proposal in the amount of $16,497.08 from All Access for the keyless entry system at the courthouse.  $8,203.00 will be taken from the Court Security grant, and the remaining $8,294.08 will be DOLA funds.  Mr. Burgess made a motion to sign the new proposal with All Access for keyless entry access at the courthouse.  Mr. Beedy seconded the motion, which carried unanimously.

 

The quote from Automatic Access to put an automatic door opener on the County Clerk’s door was $1,985.00.  Ms. Devers said she had Mr. Lyons sign it and she faxed it to Tim King, but she has not yet received a signed copy back.

 

Ms. Devers reported that Allen Chubbuck is scheduled for a step raise at the end of October and added that he had received a very favorable employee evaluation.  The Board agreed he was doing an excellent job at the landfill.

 

RSVP Director Melody Maskus turned in her resignation, effective on November 14, 2008, and Ms. Devers read her letter and request that she be allowed to continue working her thirty-five hour week in three days each week.  The Board agreed to allow her request.

 

Ms. Devers said that the annual RC&D meeting will be held at 6:30 p.m. on October 30.  She will attend, but someone else could go as well, since they are paying for two meals this year.  Mr. Burgess said he would also attend.

 

Concerning the two bids on the roundhouse roof, Ms. Devers said she could not believe how different they were, even though they were very close in the final amount.  She spoke with Joel Sydlow with Spectrum, and they are very interested in completing the project.  Since there were so many differences in the various parts of the project, and Ms. Devers wanted Spectrum to complete at least one portion of the work, Mr. Sydlow said he would see if he could speak with Dave Divis and they could work something out.

 

Since Rick Mooney is back to work at the sheriff’s office, Ms. Devers said she wanted the Board to be aware that even though he started back on October 3, his insurance and other benefits were effective as of October 1.

 

At 10:30 a.m., State Director for Wildlife Services Mike Yeary, as well as Assistant District Supervisor Shane Coyle and several members of the public, met with the Board to discuss black-footed ferret surveys and prairie dog control.

 

The most important piece of information to come from the discussion was that it will cost $3,000.00 to perform a three-day black-footed ferret search on every three hundred and twenty acres of land.  Everyone present was appalled at the cost and several suggested that it would just be simpler to continue their individual efforts at prairie dog control, rather than even hope for help from the state.  Mr. Coyle explained that the best result would be to survey the whole complex and treat it, which might entail treating the entire southern portion of the county.

 

Apparently, the solution would be to try and clear the area, and although U.S. Fish and Wildlife could probably do that, Mr. Yeary wasn’t sure that they would even consider it, since it really doesn’t seem to be a priority of theirs.  His other opinion seemed to be that if the state is going to make landowners abide by the laws that they make, they should also help ease the burden somehow.  He added that if U.S. Fish and Wildlife would designate them (state wildlife) to do the searches and the county agreed to work on control, they might agree to that arrangement.

 

A letter from Gary Schafer was read, and then discussion ensued about what products the wildlife service uses for prairie dog control.  Mr. Yeary said that they use restricted pesticides and that a person had to have an applicator’s license in order to use them on their property.

 

Mr. Coyle put in that if someone would ask the U.S. Fish and Wildlife how many acres they would allow to be searched for black-footed ferrets to declare the county black-footed ferret free, there may be a way to work out a discount on the $3,000.00 per three hundred and twenty acres.

 

Mr. Yeary suggested that those present might want to attend the meeting in Eads this evening, as representatives from the Fish and Wildlife would be there.  Mr. Lyons said that he and Wayne Shade intended to go, and several others in the room seemed interested, as well.  If enough counties get together and voice the same concern, perhaps they will actually listen.

 

At 1:00 p.m., Roy Murphy met with the Board to discuss his request for an exemption from subdivision regulations.  After clarifying that the 1.79 acres in the survey was already surveyed in 1997, Mr. Burgess made a motion to adopt a resolution allowing an exemption from Lincoln County subdivision regulations on 10.21 acres in the southeast quarter of Section 4, Township 11 South, Range 54 West of the 6th Principal Meridian, belonging to Roy M. and Edna L. Murphy.  He added that if it is discovered that the other 1.79 acres needs to be exempted as well, they will address it at the next meeting.  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 October 16, 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 #696                        It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

 

            WHEREAS, application has been made by Roy M. Murphy and Edna L. Murphy for exemption from the Lincoln County Subdivision Regulations on a parcel of land in Lincoln County described as follows:

 

            A portion of the Southeast Quarter of Section 4, Township 11 South, Range 54 West of the 6th Principal Meridian, County of Lincoln, State of Colorado, being more particularly described as follows:

 

            Commencing at the southeast corner of said Section 4 and considering the south line of the Southeast Quarter of said Section 4 to bear N89º42’33”W with all bearings contained herein relative thereto; thence N89º42’33”W, along the south line of Section 4, a distance of 763.55 feet to the true point of beginning; thence continuing N89º42’33”W, along said south line, a distance of 644.09 feet; thence N00º17’27”E a distance of 234.29 feet; thence S89º30’57”W a distance of 318.40 feet; thence S09º14’07”W a distance of 232.82 feet to a point on said south line; thence N89º42’33”W, along said south line, a distance of 99.17 feet; thence N02º13’23”E a distance of 200.90 feet; thence N41º58’03”E a distance of 428.58 feet; thence S89º42’33”E a distance of 803.45 feet; thence S00º00’00”E a distance of 520.90 feet to the point of beginning.  Said tract contains 10.21, more or less.

 

            Said parcel of land is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land; and

 

            WHEREAS, the request for this exemption did not include a request for a change of use of the property; and

 

            WHEREAS, under Section II-27-D-Subdivision, the Board of County Commissioners may exempt from this definition of the terms “subdivision” and “subdivided land” any division of land if the Board of County Commissioners determines such division is not within the purposes of this article;

 

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the tract as described in the application be excluded from the provisions of the Lincoln County Subdivision Regulations;

 

            BE IT FURTHER RESOLVED that this exemption from the provisions of the Lincoln County Subdivision Regulations excludes any future division of the property without subsequent approval by the Board of County Commissioners.

 

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

 

Land Use Administrator Ken Morrison stopped by the meeting to inform the Board that he had just received eight new oil drilling permits for property in the northern portion of the county.

 

The Board reviewed the September, 2008 RSVP reports and then at 1:30 p.m., they conducted a hearing on petitions for abatement of taxes received from Limon Hospitality, LLC.  Chris Barnes and Howard Licht with Licht & Associates and property owner Bruce Rahmani were also present.  The hearing was tape-recorded and is on file in the County Clerk’s office.

 

Ms. Thaller presented her case, stating that her recommendation is that a value of $450,000 for 2007 be put on the property located at 158 E. Main Street in Limon (which is the same value as it had in 2008), since it was done in the same re-appraisal period. 

 

Since the property owner had no problems with that arrangement, Mr. Burgess made a motion to adopt a resolution accepting the proposal from the county assessor for the approval of the request for an abatement of the 2007 assessed valuation in the amount of $26,920 on 158 E. Main Street in Limon, resulting in a tax refund of $2,370.90.  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 October 16, 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 #697             It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

 

            WHEREAS, the Lincoln County Board of County Commissioners reviewed a Petition for Abatement or Refund of Taxes for the 2007 property tax year presented by Limon Hospitality, LLC for their property located at 158 E. Main Street, Limon, CO; and

 

            WHEREAS, notice of this meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said county and Assessor Estelle Thaller being present and petitioner Bruce Rahmani, Managing Member of Limon Hospitality, LLC, being present; and

           

            WHEREAS, the Lincoln County Assessor’s recommendation is to approve the abatement/refund as follows: 

                                                            Tax Year 2007

 

                                                          Assessed Value                             Tax

            Original                         $157,420.00                  $13,864.30

            Corrected                                 $130,500.00                  $11,493.40­­­­­­      

            Abate/Refund                         $  26,920.00                          $  2,370.90

 

WHEREAS, the said County Commissioners have carefully considered the within petition, and are fully advised in relation thereto;

 

            NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of Lincoln County agrees with the recommendation of the Assessor and the petition be approved with an abatement of $26,920 in the assessed value and a refund of taxes of $2,370.90 for property tax year 2007. 

 

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

 

As for the request to abate the 2006 value, Ms. Thaller said that it could not be done because it was not in the same re-appraisal period.  She stated that the value in 2005 was never contested, thus they assumed there were no problems with the hotel.  As a matter of fact, Appraiser Renita Thelen stated she had a telephone conversation with Mr. Rahmani in March of 2006 and was told that there were no extenuating circumstances as to the property.

Ms. Thaller said that she had made a concession and reduced the value, due to the fact that eleven of the rooms were not usable in 2006.  Since the numbers from the prior appraisal have to be used, she came up with a total value of $870,155.  Therefore, her recommendation to the Board was that only a partial abatement be approved.

 

Mr. Licht gave his rebuttal, stating that Mr. Rahmani had no idea when he purchased the property that at least twenty-five of the fifty-seven rooms were unusable.  He bought the hotel sight unseen, for $500,000 in November of 2005, but did not actually get to examine it until later.  According to Mr. Licht, when the assessment was done on January 1, 2006, the property was incapable of producing any kind of income and was running in the red, and should have been considered a classic example of an under-improvement.  He mentioned that they did not have income figures for 2003 or 2004, but they would request that the Board reduce the actual 2006 value to $450,000 to be more comparable with 2007 and 2008.

 

Ms. Thaller argued that since there were no complaints in 2005 and 2006 when the notices of valuation were received by the property owner, they felt there should be no change.  She added that looking at different re-appraisal years was the key, stating that her department is not allowed to take post sale valuations into consideration during a re-appraisal year and that they must use information from a specific period of time.  Since the property sale was after the re-appraisal was done, she did what she was required to do.  Ms. Thaller said she felt she made a good faith adjustment when she dropped off eleven of the forty-seven rooms, even though the owner was not the one who let her know there was a problem with their usability.  Ms. Thelen put in that they learned of the problem with those rooms from the building inspector with the Town of Limon, and Ms. Thaller asked why it took three years for them to decide there was a problem with the valuation.

 

Mr. Beedy felt that Mr. Rahmani should have explained the problems to the Assessor when he discovered them, not three years later when there was no way to go back and verify what those problems were at that time.

 

Mr. Burgess made a motion to adopt a resolution accepting the recommendation of the Assessor that the petition from Limon Hospitality, LLC be approved in part with an abatement of $61,239 in the assessed value and a refund of taxes of $5,398.51 for property tax year 2006 on158 E. Main Street in Limon, but keeping the actual value at $870,155.  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 October 16, 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 #698             It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

 

            WHEREAS, the Lincoln County Board of County Commissioners reviewed a Petition for Abatement or Refund of Taxes for the 2006 property tax year presented by Limon Hospitality, LLC for their property located at 158 E. Main Street, Limon, CO; and

 

            WHEREAS, notice of this meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said county and Assessor Estelle Thaller being present and petitioner Bruce Rahmani, Managing Member of Limon Hospitality, LLC, being present; and

 

            WHEREAS, the petitioner’s request is to change the estimate of value for the 2006 property tax year to $450,000.00 based on the purchase price of the property in November 2005, the number of useable rooms, and the income generated in 2006 and two months of 2005; and

           

            WHEREAS, the County Assessor used sales from the base years of January 1, 2003 through June 30, 2004 to determine the value of the property, but made an adjustment by removing eleven rooms since they were not useable; and

 

WHEREAS, the Lincoln County Assessor’s recommendation is to approve the abatement/refund in part as follows: 

                                                           

Tax Year 2006

 

                                                          Assessed Value                             Tax

            Original                                    $313,584.00               $27,643.97

            Corrected                                $252,345.00               $22,245.47­­­­­­      

            Abate/Refund                         $  61,239.00                          $  5,398.51

 

WHEREAS, the said County Commissioners have carefully considered the within petition, and are fully advised in relation thereto;

 

NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of Lincoln County agrees with the recommendation of the Assessor and the petition be approved in part with an abatement of $61,239 in the assessed value and a refund of taxes of $5,398.51 for property tax year 2006. 

 

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

 

Ms. Devers asked Mr. Kimble if he had completed the new lease for the Rains property, which he had not, and then Mr. Lyons asked if he had anything else to report.

 

Mr. Kimble said he’d looked into the information provided by the sheriff at the last meeting regarding assessing costs to inmates for medical services.  He said he would need to speak with Sheriff Nestor, but his opinion was that they go ahead and file a Motion with the courts.  If the motion is granted, they will try to file restitution claims.   If the motion is denied, Mr. Kimble said they may just have to work on each case individually.

 

Wayne Shade had asked Mr. Kimble if he felt it was necessary to request the certification specifying that Linneburs are organic farmers, but Mr. Kimble didn’t think it was.  He said he would certainly send a letter if the Board wanted him to, and Mr. Beedy put in that he felt they should not require the certification unless Linneburs brought it up.

 

As for old business, Mr. Burgess said he had asked Ms. Devers to check into whether or not there was money remaining in the 2008 budget to replace more windows in the courthouse.  Ms. Devers said she had not yet had time to check into it.  Mr. Burgess also brought up the fact that they had each received a letter from Deborah Young, Associate Provost and Director of CSU Extension, asking that Lincoln County not allow enrollment of El Paso County residents in Lincoln County 4-H clubs at least until December when it is determined if El Paso County will be able to keep their clubs going.  All Board members felt that the purpose of the 4-H program is to serve the kids, no matter which county they live in, and Ms. Devers will send a response to Ms. Young informing her of that fact.

 

Mr. Burgess asked Ms. Devers to look over a new Bookmobile Policy that Katie Zipperer had given to him, and then said that District Two is looking into purchasing a new motor grader.  The John Deere that they currently have is taking too much fuel, and they will be able to get a new one for $114,000 with the trade-in.  He asked that he be allowed to commit 2009 funds, since they will not take possession until spring.

 

Mr. Burgess made a motion to allow District Two to purchase a Cat 12M motor grader for $216,500, with a trade-in on the John Deere of $102,500, leaving a total purchase price of $114,000, and to commit funds for 2009.  Mr. Beedy seconded the motion, which carried unanimously.

 

Mr. Burgess asked Ms. Devers if it was acceptable with the county’s insurance company to keep bulk oil in the county shops, and she did not think there was a problem with it.  He is looking at spending approximately $1,000 to purchase a tank for oil.

 

Ms. Devers said she had some new business; she spoke with Jo Downey who told her that someone had mentioned the Beedy barn as one of the areas for the “Off the Beaten Trail” program.  Ms. Devers told her that since the barn is actually right in the middle of their property, the Beedys may not want sightseers there at all times.

 

The Board reviewed the September reports from the Clerk and the Treasurer and then Mr. Beedy said he’d received a phone call from someone with Tri-State saying they would like to meet with the Board sometime in November.  They have gotten numerous letters regarding transmission lines in regard to the wind farm projects and wanted to know if Mr. Beedy knew who was sending them.  The Board felt it would be good to have them come out.

 

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

 

 

 

 

 

 

___________________________________________             ____________________________

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