Board of County Commissioners
of Lincoln County
Agenda for December 19, 2008
9:00
Call to order and Pledge of Allegiance
9:00
Road Foremen Chris Monks, Roger Noakes and David Seymour to discuss road
signage and other road and bridge issues and to give an update on their
individual road districts
10:00
Social Services Director Colette Barksdale to give her monthly report
11:30
Greg Etl with the Department of Local Affairs to discuss the county’s Energy
and Mineral Impact grant application for a loader and other potential grant
items
1:15
Rob Raines to discuss a right-of-way access being closed by another landowner
1:45
Shaun Deeney and Seth McClean with the Division of Wildlife to assist with
development of a plan to survey the county for black-footed ferrets from
Highway 40/287 south so it can be block cleared
3:00
Extension Agent Linda Yoder to give her monthly report
1.
Approve the minutes from
the December 8th meeting
2.
Approve the revised
Personnel Policies for Lincoln County to be effective January 1, 2009
3.
Discuss and approve a
resolution transferring $105,000 from County General to the Public Health
Agency Fund
4.
Cancel County General
check #9112 written on August 1, 2008 to Stacey Phythian for $63.66 since it
was lost
5.
Review information
concerning Enhanced Rural Enterprise Zones and the Project Completion Report
for the Community Development Block Grant Contract #00-081, both received from
the Office of Economic Development and International Trade
6.
Review information
received from Prairie Development Corporation concerning the appointment of
Board of Directors members
7.
Review a letter from the
Colorado Workforce Region requesting approval for Morgan County Commissioner
Jon Becker being designated as the Eastern sub-region’s representative for the
Board of Local Elected Officials for the Colorado Rural Workforce Consortium
8.
Review and approve
agreements with Kit Carson County for Public Health Services and Public Health
Specialist services
9.
Review the November
reports from the Assessor and the Treasurer
10.
Review the November
reports of revenues and expenditures for County General, Road & Bridge,
Landfill, Library, E911 and the individual road districts
11.
Review information
received from CCI concerning the identification of transportation projects
proposed to be included in the federal stimulus package
12.
Review a request from
CCI to appoint 2009 voting proxies for the steering committees
13.
Review the Certification
of Tax Levies for other taxing entities in the county
14.
Review applications for
the wheelchair accessible bus
15.
County Commissioners’
reports
16.
County Administrator’s
report
17.
County Attorney’s report
18.
Old business
a. Act on an appointment to the Rocky Mountain Rail
Authority
19.
New business
The Board of Lincoln County Commissioners met at 9:00 a.m. on December 19, 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, and Kay Christie with The Limon Leader and Eastern Colorado Plainsman attended from 9:20 a.m. until approximately 2:30 p.m.
Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Road Foremen Chris Monks, Roger Noakes and David Seymour met with the Board to discuss road signage and to give an update on their individual road districts.
Chris first updated the group about problems they’d recently had with the bookmobile; the wheel started shaking again and he said they’d found some slack in the steering box. They also put new tires on the front and turned the back tires around, since they cannot be rotated, due to the fact that they are different sizes. He thought they probably had it fixed for now, but wasn’t sure how long it would last.
A rough count of the signs in all the road districts came to about twelve hundred, which did not include cattle guard, Welcome to Lincoln County, restricted bridge or other low-level signs. Some of the signs included were stop signs, yield signs, intersection designations, speed limit signs, chevrons, merge and slow signs, as well as several others. The count in District One is two hundred and sixty; District Two has three hundred and fifteen, and District Three has six hundred and sixty. David Seymour said they had replaced about two hundred and forty of those recently, so it wouldn’t be that many in District Three. Chris said they would have to get a reflector meter and check them, but he felt that about two hundred of them would pass. He checked on prices from Newman Traffic Signs, as well as Lyle Signs and determined that it would take roughly $10,000 to replace the signs in District One alone, since they would also have to purchase posts. Discussion was held as to whether or not the signs that were in good shape, as well as those in inventory, could be re-sheeted or even sent back for some type of credit. Mr. Lyons thought it would be a good time to develop an overall standard in the county for sign height and distance from the road placement.
Chris said he’d contacted NACE again, and the $120 price for the county to become a member is for one full year. He believes the shop needs to purchase a new computer with the capability of establishing a countywide inventory for the signs in each district, with the dates the signs are replaced. That way, if there is ever a question from the state, they will have the data all in one place. He would also like to get Quick Books on the new computer. It was determined that Chris would establish exactly how much it will cost to replace the most critical signs, and would also find out more about how much grant money is available through NACE, and then bring his findings back to the Board.
Since there were only two responses received—one from DJ Petroleum and the other from Flagler Co-op—regarding the letters Chris sent asking for fuel contracting, Mr. Burgess made a motion to purchase a March through October, 2009 delivery contract for #2 Dyed Diesel fuel from Flagler Cooperative Association in the following amounts: Districts One and Four; 20,000 gallons at $2.30 per gallon; District Two; 25,000 gallons at $2.40 per gallon; and District Three; 15,000 gallons at $2.50 per gallon. Mr. Beedy seconded the motion, which carried unanimously. The Board decided not to purchase gasoline through the contract.
Mr. Burgess provided information he’d taken from the internet regarding concrete fuel storage vaults, saying he’d like to speak with Greg Etl when he’s here about obtaining grant funds for the purchase. He felt they needed to build a large enough storage system to hold a full transport load of fuel, but Chris disagreed about holding such a large amount of gas, as it would tend to get old. He added that the less they had to worry about up-keep on the better. He did agree with storing more diesel fuel, however.
Chris informed the Board that the five-year spill plan needs to be updated, due to the fact that there are two new road foremen, and then explained that the three-day conference he’d spoken about at the last meeting would cost $175 per person. It does not just involve the new warm mix, but chip sealing, pothole repairs and in-place recycling, as well, and Chris felt it would be worthwhile to attend. Mr. Lyons thought they should leave it up to each district as to whether or not they wanted to send someone.
Ms. Devers asked Chris if someone would be able to take care of the sidewalks around the courthouse and annex if it should snow while Travis Nall is on vacation, and he said that would be fine.
At 10:00 a.m., Social Services Director Colette Barksdale met with the Board to give her monthly report. She updated the Board on the Child Welfare Performance Improvement Plan, the Father Friendly Community Project through the Fatherhood Initiative Program, the Holiday Basket and Fraud programs, and provided an Application Information Sheet for other Department of Social Services programs to keep the Board better informed of what is available through the agency. The Board reviewed her financial reports from November and she explained that she had no caseload reports at the time, but would have them when she met with the Board in January.
Discussion regarding Ms. Barksdale’s employment renewal contract was tabled until later in the day after the Board had time to review her request for a step increase, as well as the cost of living increase that will be granted to all employees.
Mr. Burgess made a motion to sign the Child Support Enforcement Agreement for Legal Services with Darla Scranton Specht for the period of January 1, 2009 through December 31, 2009, at the contract amount based on her bid. Mr. Beedy seconded the motion, which carried unanimously.
Mr. Burgess also made a motion to sign the Independent Contractor Agreement with Darla Scranton Specht for legal services for the same period. Mr. Beedy seconded the motion, which carried unanimously.
Mr. Burgess asked that Ms. Barksdale look into what it would cost to hire a paralegal to do some of the work next year, rather than pay attorney fees for minor work that a paralegal could be doing at a lesser hourly rate.
After discussing the fact that there were no major changes to the lease for the building at 455 1st Avenue in Limon that DSS shares with the Public Health office, Mr. Beedy made a motion to sign the lease for both the Department of Social Services and Public Health for 2009. The DSS portion of the lease will be $375.95 per month, and Public Health will pay $500. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Burgess made a motion to sign the CDHS Certification of Compliance County Merit System for 2009. Mr. Beedy seconded the motion, which carried unanimously.
Mr. Lyons asked that the minutes from the December 8, 2008 meeting be changed from, “Mr. Lyons met with Mike Forristall on Thursday, December 4…” to “Mr. Lyons got a call from Chris Monks about a problem with Mike Forristall on Thursday, December 4, regarding manure.” Mr. Burgess made a motion to approve the minutes, as corrected. Mr. Beedy seconded the motion, which carried unanimously.
At 11:30 a.m., Greg Etl with the Department of Local Affairs met with the Board to discuss the county’s Energy and Mineral Impact grant application for a loader and other potential grant items. Mr. Etl went over each question on the grant application in an effort to obtain further information for his presentation and also to determine if any changes needed to be made before he did so. He recommended that the county create an Equipment Replacement Plan in writing, even though Chris said the rule of thumb for replacement on heavy equipment was eight-to-ten years or ten thousand hours. Mr. Etl said it was good to have the methodology while making yearly budget decisions and explained that the plan would need to be updated every year.
At Mr. Etl’s suggestion, the Board agreed to request support of the county’s grant application from the industry, so Ms. Devers will compose a letter to be sent to any drilling companies with current activity in the county.
Mr. Etl explained that the projection for the 2010 cycle is that DOLA will have less than half the funding that they have now, so he encouraged the Board to consider changing the structure of the Road & Bridge department. He said it will become much more difficult in the future to receive grant funding for projects that may be determined redundant. He suggested sharing equipment more between the districts.
Extension Agent Linda Yoder stopped by to introduce Jade Meinzer, the President of the Edison 4-H Club, who thanked the Board for their recent letters to CSU and El Paso County supporting the fact that club members be allowed to join the Lincoln County 4-H Club should El Paso County not fund theirs.
Mr. Burgess asked about a grant for the fuel storage tanks, and Mr. Etl said that the county needs to put together a plan of what projects they want to have completed and when, so that they are not applying for grant funding so many times.
When the Board re-convened at 1:00 p.m., they asked Mr. Etl about the development of road standards and he wanted to know how much the county would be willing to contribute. The Board agreed the maximum would be $3,000, and Mr. Etl saw no reason why Lincoln County could not adopt the same plan as Elbert County, since it is a public plan.
At 1:15 p.m., Rob Raines met with the commissioners to discuss a right-of-way access being closed by another landowner. He provided a copy of a letter from Steven Norris, Vice President of The Norris Corporation, regarding their purchase of the Rocking K Ranch and a boundary dispute of the eastern boundary of Section 13, Township 11S, Range 57 West. According to the GPS survey done by High Plains Survey Company, Mr. Norris believes that Mr. Raines is encroaching approximately thirty-five acres onto their land, therefore he had a temporary fence installed. The letter went on to state the corporation would grant Mr. Raines permission to use the twenty-three acres of their property for twelve months, but would then replace the temporary fence with one on the actual boundary according to the survey. The letter also served as notice to Mr. Raines that the gates on the north and south side of the southeast quarter of Section 12, Township 11S, Range 57 West would be closed and locked to insure no trespassing.
Mr. Raines explained to the Board that he can no longer get to his property without going all the way around on State Road 71, and asked that the county let Mr. Norris know that he cannot fence a county right-of-way. He said that he’d done quite a bit of research and learned that historical markers take precedence over new technology, and there are historical markers available for this piece of ground.
Mr. Lyons was concerned that making the changes that The Norris Corporation suggested would also involve changing county lines, which he didn’t believe could be done.
Mr. Kimble suggested sending a letter reminding both landowners that the county prefers to keep the road designated the way it is, and said he would research statute to see if there are specific guidelines regarding county line disputes.
Mr. Burgess asked Mr. Raines to keep them informed as to what happens, and Mr. Lyons suggested he contact the sheriff’s department if the corporation’s cattle ever get out, just so that there is a record.
Shaun Deeney and Seth McClean with the Division of Wildlife met with the Board at 1:45 p.m. to assist with developing a plan to survey the county for black-footed ferrets from Highway 40/287 south, so that it can be block-cleared. Toni Crismon attended, as well. After some discussion, Mr. Deeney said that they are working closely with Fish and Wildlife to relax some of their guidelines regarding block-clearing for the ferrets. He added that he felt they were making progress, but that it might take awhile, and suggested that the county contact Fred Raish in Yuma County and come up with a plan. Lincoln County would then need to contact Fish and Wildlife to see if they approved the plan.
Mr. McClean felt the county would have several areas where on-the-ground surveys could be done, rather than block-clearance, due to low acreage and Mr. Beedy said they should probably start with clearing smaller areas so that they have the total picture of what the county has to deal with.
Mr. Beedy made a motion to approve the revised Personnel Policies of Lincoln County, effective January 1, 2009. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Beedy made a motion to propose a resolution transferring $105,000 from the County General fund to the Public Health Agency Fund. 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
December 19, 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
#705 It was moved by
Commissioner Beedy and seconded by Commissioner Burgess to propose the
following resolution:
WHEREAS, Senate Bill 194, passed in 2008 by the Colorado
General Assembly and signed into law by the Governor of the State of Colorado
requires the establishment of a local public health agency fund to which shall
be credited any moneys appropriated from a county general fund and/or any
moneys received from state or federal appropriations or any other gifts,
grants, donations or fees for local public health purposes; and
WHEREAS, the Lincoln County Treasurer has created a
Public Health Agency Fund that, beginning in 2009, will be credited with any of
the above referenced funds received and will be debited for claims or demands
against the fund; and
WHEREAS, the 2009 Lincoln County Budget
included a transfer of $105,000 from the Lincoln County General Fund budget to
the Public Health Agency Fund budget to insure there would be adequate funds
available beginning the first of the year to pay any claims against the fund;
NOW, THEREFORE BE IT RESOLVED by the
Board of County Commissioners of Lincoln County that the Lincoln County
Treasurer is hereby authorized to transfer the $105,000 budgeted in the 2009
Lincoln County General Fund budget to the Public Health Agency Fund on January
2, 2009 or as soon as practical after the year-end work is completed in that
office.
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 cancel County General fund check #9112 in the amount of $63.66, written to Stacey Phythian on August 1, 2008, since it was lost. Mr. Burgess seconded the motion, which carried unanimously.
After reviewing information concerning Enhanced Rural Enterprise Zones and the Project Completion Report for the Community Development Block Grant Contract #00-081, both received from the Office of Economic Development and International Trade, the Board reviewed information received from Prairie Development Corporation concerning the appointment of board of director members, but no action will be taken until re-organization on January 13, 2009.
The Board agreed to sign a letter from the Colorado Workforce Region requesting approval that Morgan County Commissioner Jon Becker be designated as the eastern sub-region’s representative to the Board of Local Elected Officials for the Colorado Rural Workforce Consortium.
Mr. Burgess made a motion to sign the Kit Carson County and Lincoln County Public Health Service Agreement for the period of January 1, 2009 through December 31, 2009. Mr. Beedy seconded the motion, which carried unanimously. Mr. Beedy then made a motion to sign the Intergovernmental Agreement for the Sharing of Services for the Public Health Specialist for 2009. Mr. Burgess seconded the motion, which carried unanimously.
After reviewing the November reports from the Assessor and Treasurer, as well as reports of revenues and expenditures for the County General, Road & Bridge, Landfill, Library, and E911 funds and the individual road districts, the Board reviewed information received from CCI concerning the identification of transportation projects proposed to be included in the federal stimulus package.
At 3:00 p.m., Extension Agent Linda Yoder met with the Board to give her monthly report. She said she had written to CSU Extension regarding the prairie dog issue and received a response that the county should contact the Colorado Natural Heritage Program instead.
A request from CCI to appoint 2009 voting proxies for the steering committees resulted in Department of Social Services Director Colette Barksdale being designated as the proxy for the Health and Human Services Steering Committee meetings.
The Board reviewed the Certification of Tax Levies for other taxing entities in the county, and then Mr. Burgess made a motion to approve Department of Social Services Director Colette Barksdale’s employment contract for 2009, with the stipulation that she would receive $5,045 per month, which includes a cost of living raise, but not a step raise, based on the fact that she had received a two-step increase in 2007. Mr. Beedy seconded the motion, which carried unanimously.
Applications for the wheelchair accessible bus were reviewed, but the Board agreed not to make any decisions until either the meeting on December 30 or the one on December 31.
Mr. Kimble reported that he’d done further research on filing a class action lawsuit in the prairie dog matter, and that he had also contacted the Baca County Attorney who didn’t believe that their county would be interested in prairie dog control at this time.
Since the Linneburs were sent a letter regarding their noxious weeds on October 13, Mr. Kimble wanted to know if the Board would like for him to send another reminder. They agreed that he should send out another letter after the first of the year.
Mr. Burgess reported that he attended the department head meeting on December 9 and the Centennial Mental Health meeting in Sterling on December 11, and participated in a conference call on December 12 regarding District Attorney Carol Chambers’ 2009 salary. No agreement was made, so there will be another conference call on January 5, 2009. On the Sixteenth, Mr. Burgess met with Rob Raines, and on the Seventeenth and Eighteenth he attended the Child Welfare Action Committee meeting. They intend to send a questionnaire to all state agencies and commissioners requesting input regarding Social Services departments becoming state-run agencies. Mr. Burgess also attended the hospital board meeting the evening of the Eighteenth.
Mr. Beedy reported he attended the department head meeting on the Ninth, and participated in the Eastern Colorado Services for the Developmentally Disabled meeting by phone on December 11.
Mr. Lyons reported he and Chris Monks also met with Rob Raines on December 16. On the Eighteenth, he met with Brian Johnson and attended the hospital board meeting.
Ms. Devers reported that Congresswoman Betsy Markey’s office called in response to the commissioners’ letter concerning Lincoln County not qualifying for the Livestock Feed Program and she will work with Senator Salazar on the issue once she is sworn into office. However, the senator will have assumed a new position by then.
Since there had been a question at one time about not increasing the mileage rate due to the decrease in gas prices, Ms. Devers wanted to know what the Board had decided, since she would need to inform county employees if it was going to change. The Board agreed to increase the mileage reimbursement rate from thirty cents per mile to forty cents per mile.
Mick Jaques had called Ms. Devers to let her know that the county does not have a rate for double-axle trailers on the 2009 landfill rate sheet. He is currently charging ten dollars, but wanted to know if it would be raised. Mr. Burgess made a motion to amend Resolution #478 to include tandem axle trailers at a rate of sixteen dollars per trailer load. 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 December 19, 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:
AMENDED RESOLUTION #478 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:
WHEREAS, the Board of County Commissioners of Lincoln County had earlier in the year reviewed the revenues and expenditures for the Lincoln County Landfill and determined that an increase in rates was necessary to offset costs associated with the design and approval of two new cells and the layout footprint for additional cells at the landfill; and
WHEREAS, the landfill rates did not include one for a tandem axle trailer;
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the attached rates will be effective at the Lincoln County Landfill commencing January 1, 2009:
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
Autos, vans and station wagons $ 6.00
Pickups (6’ or 8’ bed) and one tons 8.00
Pickup box trailer (6’ or 8’ bed) 8.00
Pickups (6’ or 8’ bed) and one tons with reinforced concrete 16.00
Pickup box trailer (6’ or 8’ bed) with reinforced concrete 16.00
Tandem axle trailer 16.00
Singe axle truck 36.00
Tandem axle truck 72.00
Semi-load 120.00
Single axle truck with reinforced concrete 90.00
Tandem axle truck with reinforced concrete 180.00
Semi-load with reinforced concrete 360.00
Car tires 3.00 each
Truck tires 8.00 each
Tractor tires 16.00 each
Batteries 2.00 each
Appliances 8.00 each
Furniture 6.00 per item
Commercial trucks 6.00 per cubic yard
Bar screening bags 6.00 per bag
Unsecured loads will be assessed a 50% surcharge. Non-Lincoln County residents or those not paying property taxes in Lincoln County shall be charged at 2.0 times the in-county rates. Commercial haulers from out of the county are prohibited from using the landfill. Dead animals and auto bodies are prohibited from the landfill.
The Board agreed to have Dean Waite continue working until someone is found to work full time, in the event Nova Waite cannot return to work without restrictions after the first of the year.
In regard to old business, appointing someone to the Rocky Mountain Rail Authority was tabled again.
Mr. Burgess made a motion to sign the Memorandum of Understanding between Lincoln County Public Health and Plains Medical Center for the “Cavity Free at 3” program. Mr. Beedy seconded the motion, which carried unanimously.
Mr. Beedy then made a motion to sign the Memorandum of Understanding between Lincoln County Public Health and the Gordon Clinic for the “Cavity Free at 3” program. Mr. Burgess seconded the motion, which carried unanimously.
Ms. Devers had received an e-mail from RSVP Director Stacey Phythian requesting a letter from the Board authorizing her access to all EGrant accounts through RSVP. Mr. Beedy made a motion to send a letter authorizing the access, Mr. Burgess seconded the motion, and it carried unanimously.
With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on December 30, 2008.
_______________________________________ _______________________________
Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman