Board of County Commissioners
of Lincoln County
Agenda for January 13, 2009
9:00 Call to order and Pledge
of Allegiance
9:05 Adopt a resolution
setting the salary for the term of office for the District Attorney of the 18th
Judicial District
9:30 Pat Vice, Executive
Director of the Lincoln County Economic Development Corporation, to discuss
adoption of a county incentive policy for new businesses in the county
10:00 Interview Cornelia
Neville for the bus driver position
10:30 Social Services Director
Colette Barksdale to discuss one of the office vans
Noon - Adjourn for 2008 and
have the swearing in ceremony for the elected officials
1:15 Reorganize for 2009
a. Elect Chairman and Vice Chairman
b. Designate official notice board
c. Appointments and holidays
d. Set the county’s vacation and sick leave policy
e. Set the E911 surcharge per C.R.S. 29-11-103(3)(a)
f.
Adopt a resolution
designating the person to prepare the 2009 Lincoln County budget
2:00 Rob Raines to further
discuss a boundary dispute issue
2:30 Representatives of the
Linnebur family to present their multi-year plan for control of noxious weeds
on their property
1. Approve final expense vouchers for the 2008 budget
year
2. Approve the minutes from the December 31st
meeting
3. Review the December revenue reports from the County
Clerk, Treasurer and Sheriff
4. Review a report from W.W. Enterprises giving the
volume of trash placed in cell 3 at the landfill in 2008
5. Review notice from the Limon Area Fire Protection
District of the Chairman of the Board and the contact person
6. Review a letter from the Colorado Department of Human
Services stating that Lincoln County has budgeted sufficient Maintenance of
Effort for the Colorado Works and the Child Care Assistance programs
7. Adopt an addendum to the establishing contract for the
Rocky Mountain Rail Authority as amended by the first amendment to the
establishing contract naming Lincoln County’s representative
8. Review a revised bid for replacement of a portion of
the roof over the Union Pacific Railroad roundhouse
9. Review and sign the Impact Assistance Grant
Application for the 2008 Tax Year
10. Decide who to offer the bus driver position to
11. County Commissioners reports
12. County Administrator’s report
13. County Attorney’s report
14. Old business
1. Lease of a portion of the land where the county
landfill is located
15. New business
The Board of Lincoln County Commissioners met at 9:00 a.m. on January 13, 2009. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess and Gary Beedy, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel.
Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then the Board made a decision to begin reviewing employee time sheets for the other departments that they oversee, since they already do so for the Administrator, RSVP and Social Services.
Mr. Beedy made a motion to adopt a resolution setting the salary for the term of office for the District Attorney of the 18th Judicial District at $160,000. 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 January 13,
2009 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 #708 It was moved by Commissioner Beedy and seconded by
Commissioner Burgess to adopt the following resolution:
DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL DISTRICT
WHEREAS, pursuant to Section 20-1-301, C.R.S., the Boards of County Commissioners of those counties comprising the Eighteenth Judicial District must set the annual salary of the District Attorney for the succeeding four-year term; and
WHEREAS, as set forth in Section 20-1-301, CRS, said salary cannot be less than one-hundred thousand dollars ($100,000.00) for 2009; not less than one hundred ten thousand dollars ($110,000.00) for 2010; not less than one hundred twenty thousand dollars ($120,000.00) for 2011; and not less than one hundred thirty thousand dollars ($130,000.00) for 2012; and
WHEREAS, the Board of County Commissioners of Lincoln County has met to review and determine a fair salary and has discussed this salary with the Boards of County Commissioners for Arapahoe, Douglas and Elbert Counties; and
WHEREAS, the Board of County Commissioners has held a public meeting on this matter and is desirous of setting the salary for Carol Chambers, the newly-elected District Attorney, at this time.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lincoln County as follows:
1. That the salary of the District Attorney for the Eighteenth Judicial District for her term beginning in January, 2009 and ending in January, 2013 shall be as follows:
2009: $160,000
2010: $160,000
2011: $160,000
2012: $160,000
2. That the Board's determination made on this date represents Lincoln County's commitment to pay its percentage of said salary, and this determination shall be subject to the payment of the percentage contributions by the Boards of County Commissioners of Arapahoe, Douglas and Elbert Counties as required by law.
3. That it is understood that the District Attorney’s benefits include the use of an office car in accordance with the policy of the District Attorney’s Office and I.R.S. regulations, as well as only those benefits (such as medical insurance, dental insurance, life insurance, long-term disability insurance, personal mileage reimbursement, holiday schedule, 6% 401K contribution, etc.) which are received uniformly by all full-time employees of the District Attorney’s Office and that the District Attorney will not accrue any sick leave or any vacation leave during her term of office. Finally, the District Attorney will receive contribution to the Public Employees Retirement Association (PERA) as required by state law.
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
The remaining expense vouchers for 2008 were approved.
CLAIMS
Mr. Burgess felt that the Board should schedule a time to meet with Bookmobile department head Katie Zipperer, due to the recent issues they’d had with bills not being received in a timely fashion.
At 9:30 a.m., Patricia Vice, Executive Director of the Lincoln County Economic Development Corporation, met with the Board to discuss the adoption of a county incentive policy for new businesses in the county. Ms. Vice reiterated that she would really like to see the county adopt a policy since this is the first time that businesses have actually come to the county, rather than the county seeking them, and most businesses ask if there is a policy in place. She explained that the town of Limon’s policy was patterned after Morgan County’s, and thought there would be no problem with using the terminology in it, as long as the county structured it the way they saw fit.
Mr. Lyons felt that all businesses, no matter their size, should be looked at, to which Ms. Vice agreed, but Mr. Burgess put in that tax incentives may be better suited for larger businesses with a greater number of employees, as those people would be the ones supporting the communities with home purchases, school enrollment, and the support of other local merchants.
The decision was made to work on the policy the afternoon of January 29, and Mr. Burgess promised that there would be a policy in place by February 1, 2009. Ms. Vice asked if the Board would also sign a letter supporting economic development in Lincoln County, and Mr. Burgess made a motion to do so. Mr. Beedy seconded the motion, which carried unanimously.
At 10:00 a.m., Cornelia Neville was interviewed for the bus driver position. The Board informed Ms. Neville that they would try to make a decision this afternoon.
Social Services Director Colette Barksdale met with the Board at 10:30 a.m. to discuss one of the department vans. Apparently, one of her personnel had problems with it coming back from the airport one night. The headlights were dim and the engine light came on. After having one of the tires blow out, the van quit completely, so Ms. Barksdale had to go and pick up her employee. The county shop looked at the van, but could find nothing wrong, so Ms. Barksdale thought it may be a good time to trade it in for something newer and with fewer miles. Robert Kraxberger said he’d contacted Limon Chrysler and Anderson Motors, but so far had only received a response from Tom Anderson, who told him a van with around twenty-five thousand miles would run between $11,500 and $13,000. Ms. Barksdale added that the problem with the van only seemed to occur at night, and thought it could be an electrical short, since the lights and heater had both been on. They normally just drive the van in the daytime, which may be why they have not noticed any problems before now.
Mr. Burgess said he would like to take the van and drive it for a few days or a couple of weeks, and that he would be sure to drive it at night. Ms. Barksdale agreed.
The Board reviewed the December revenue reports from the County Clerk, Assessor, Treasurer and Sheriff, as well as the monthly report and the semi-annual report from the County Treasurer, the third and fourth quarter Public Trustee reports, the 2007 and 2008 Sheriff’s stats, and the Lincoln County Road Inventory report.
A report from W. W. Enterprises giving volume of trash placed in cell 3 at the landfill in 2008 was reviewed, and then Mr. Beedy made a motion to approve the minutes from the meeting held on December 31, 2008, as submitted. Mr. Lyons seconded the motion, which carried.
The Board then reviewed a notice from the Limon Area Fire Protection District designating their chairman of the board and contact person, as well as a letter from the Colorado Department of Human Services stating that Lincoln County has budgeted sufficient Maintenance of Effort for the Colorado Works and the Child Care Assistance programs.
Mr. Beedy made a motion to adopt an addendum to the establishing contract for the Rocky Mountain Rail Authority as amended by the first amendment and to the establishing contract naming Lincoln County’s representative as Gary Beedy. Mr. Burgess seconded the motion, which carried unanimously.
The Board reviewed a revised bid for replacement of a portion of the roof over the Union Pacific Railroad roundhouse, as Ms. Devers explained that she had gone back to the contractor (Spectrum) to see if they would rebid the project for the roofs over six bays. She felt that the new contract would be acceptable, but she wanted Mr. Kimble to look over the AIA contract first to see if it is appropriate. She felt they could proceed after that, but had some further checking to do since federal enhancement funds are involved.
After reviewing the Impact Assistance Grant Application for the 2008 tax year, Mr. Beedy made a motion to sign it. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Burgess said he would like to table further discussion regarding who is hired for the Bookmobile and bus driver positions until after lunch, as he is hoping to hear from Katie Zipperer as to whom she would recommend.
Mr. Lyons then called for commissioner reports, and Mr. Beedy reported that he attended the Eastern TPR meeting yesterday, January 12, where they discussed the economic stimulus package and what projects in the region might benefit from it. Mr. Burgess attended a portion of that meeting, as well. Mr. Beedy also participated in the conference call regarding District Attorney Carol Chambers’ salary on January 5.
Mr. Burgess reported that he, too, participated in that call, as well as the interviews for the bookmobile position later that evening. He also spoke with Roger Noakes about roads in their district. On January 6, Mr. Burgess attended the department head meeting, on the Seventh he went to the COG meeting, and on the Ninth he toured roads.
Mr. Lyons reported that he talked to Rob Raines on January 7, after which he contacted the Norris Company as they had padlocked the gates on the property involved in the dispute. Mr. Lyons talked them into removing the chains and padlocks, but felt that the issue would arise again in the spring when Mr. Raines wants to begin farming. He assumed it would end up in court. He also spoke with Richard Gossett about it. On the Eighth, Mr. Lyons attended the RC&D meeting, and on the Ninth he spoke with the foreman of T-Cross Ranches.
Ms. Devers reported that Terry Baylie with Bee Hive had contacted her regarding bus trips and wanted to know if the charges were going to remain the same for 2009. Current charges are seven hundred dollars per year for three-to-four trips a month for the hospital, and three hundred and fifty dollars per year for the Bee Hive for two trips. The Board agreed not to increase the fees.
Ms. Devers provided the sign-off signed by all elected officials accepting the personnel policies effective January 1, 2009, and also said that she had contacted Jeremy Siemers with CSU about doing a black-footed ferret survey. She will contact him again after the new regulations come out.
Of the nine letters sent out to oil and gas companies concerning the DOLA grant application for a loader, three responses were received. Two, although they supported Lincoln County’s efforts to acquire additional equipment, declined any monetary contribution; however, Mull Drilling offered to support the county’s efforts with a $500 match if the county is successful in obtaining grant funding.
Ms. Devers informed the Board that work had been completed by Smith Construction, but there were some issues, both from her and Sheriff Nestor, with the workmanship. The Board decided to inspect the areas later in the day.
Mr. Lyons called for old business, which included discussion of leasing a portion of the land where the county landfill is located. County Treasurer Jim Covington was called in to ask him if he remembered why the county involves a third party in the lease with Laurel Kubin, and they were told that it was because someone would have to build fence if they changed the options of the lease. Mr. Lyons said they would leave it the way it had been done in the past.
In regard to new business, Mr. Burgess informed the others that the off-load company at Genoa had not yet built the fence on the south side of the shingle piles like they said they were going to.
The meeting date originally set for March 18 was changed to March 23, and the Board discussed optional dates for touring roads in each district.
With no further business to come before the Board of County Commissioners in 2008, the meeting was adjourned until 1:00 p.m., at which time the Board met to commence reorganization for 2009.
______________________________________ _______________________________
Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman
The Board of Lincoln County Commissioners met on January 13, 2009, at 1:15 p.m. The following were present: Commissioners Ted Lyons, Steve Burgess and Gary Beedy, County Administrator Roxie Devers, Clerk to the Board Corinne M. Lengel, County Attorney Stan Kimble, and Kay Christie with The Limon Leader and Eastern Colorado Plainsman. County Treasurer Jim Covington was present for awhile, as well.
Chairman Lyons called the meeting back to order and led the Pledge of Allegiance, and then Mr. Burgess made a motion that Ted Lyons be chosen as chairman of the board. Mr. Beedy seconded the motion, which carried unanimously.
Mr. Beedy then made a motion that Steve Burgess be selected as the vice-chairman of the Board, although he did comment that most counties rotate the position. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Beedy also made a motion that the official notice board for the Board of County Commissioners would be that which is located in the hallway of the county courthouse. Mr. Burgess seconded the motion and it carried unanimously.
County Treasurer Jim Covington requested that the investment area of county funds be expanded to include agencies within a hundred mile radius of Hugo, upon approval of the board of county commissioners. The Board agreed.
Mr. Burgess made a motion to approve the appointments, holidays and the county’s vacation and sick leave policy for 2009. Mr. Beedy seconded the motion, which carried unanimously.
APPOINTMENTS FOR 2009
POSITION
County Attorney Stan Kimble
Official Banks First National Bank of Hugo
Mile High Bank
Equitable Savings & Loan
ColoTrust
Csafe
Kit Carson State Bank
High Plains Bank
Eastern Colorado Bank
County Physician Dr. John Fox
Public Health Specialist Kelly Alvarez
Fair Manager Mike Mosher
Veterans Service Officer Parker Newbanks, Jr.
Shop Foreman Chris Monks
Road Foremen
District #1 Chris Monks
District #2 Roger Noakes
District #3 David Seymour
Jail & Juvenile Officer Tom Nestor
Official Newspaper The Limon Leader
Hospital Board – 7 Members – 5 Year Terms
2010 Joni Chester
2010 Linda Orrell
2011 Warren McCue
2012 Jack Cross
2012 Keith James
2013 Del Beattie
2014 Gorden Hollowell
Fair Board – 9 Members – 3 Year Terms
2010 Carol Mannis
2010 LaRay Becker-Patton
2010 Chip Reid
2011 Clinton Clark
2011 Marvin Thaller
2011 Becky Ravenkamp
2012 Dave Hubbard
2012 Ed B. Schifferns
2012 Andrea Anderson
Land Use Board – 9 Members – 3 Year Terms
2010 John Reid
2010 Chris Monks
2010 Paul Martin
2011 Laura Clagett
2011 Russell Covington
2011 Harold Yoder
2012 Larry Nickell
2012 Jess Solomon
2012 John Forristall
Ken Morrison Secretary
Land Use Board of Adjustment
2010 Roger Spolarich
2010 Harold Yoder, Alternate
2011 Robert Boyd
2011 Laura Clagett
2011 Paul Jenkins, Alternate
2011 Jim Mannis
2012 John Reid
2012 Jess
Solomon, Alternate
Weed Board – 9 Members – 3 Year Term
2010 Terry Saffer
2010 Todd Thompson
2010 Wade Hollowell
2011 Tom LeValley
2011 Shelby Britten
2011 Gary Withington
2012 Stan Ravenkamp
2012 Robert W. Raines, Jr.
2012 David Riemenschneider
E911 Authority Board – 5 Members – 2 Year Terms
2010 Gary Ensign
2010 Patrick Leonard
2011 Jack Cross
2011 Diane Kimble
2011 Mark McHone
Bookmobile Board – 5 Members – No Term Limit
Winnie Pilgrim Cherry Stogsdill
Mary Andersen Ken Sterling
Pam Brown
Prairie Development Corporation – 2 members – 2 Year Terms
1/2011 Jerry Monks
1/2011 Myron Sams
Representatives for:
Baby Bear Hugs Steve Burgess
Centennial Mental Health Steve Burgess
County Health Pool Gary Beedy
Roxie Devers – Alternate
Colorado East Action Agency Gary Beedy
Council of Governments Steve Burgess
EMS and RETAC Gary Beedy
Roxie Devers – Alternate
Ken Morrison - Alternate
RETAC Pre-hospital Rob Handley
Land Use Ken Morrison
Lincoln Community Hospital Ted Lyons
RC&D Recycling Ted Lyons
Resources Unlimited Steve Burgess/Ted Lyons
Transit Advisory Committee Steve Burgess
Eastern Colorado Services for the
Developmentally Disabled Gary Beedy
Bookmobile Steve Burgess
Rocky Mountain Rail Authority Gary Beedy
Social Services Region Citizen Review Panel – 3 Year Term
1/2011 Linda Messer
The following list of holidays was approved for 2009:
January 19, 2009 Martin Luther King Day
February 16, 2009 President’s Day
May 25, 2009 Memorial Day
July 3, 2009 Independence Day
September 7, 2009 Labor Day
October 12, 2009 Columbus Day
November 11, 2009 Veterans Day
November 26 and 27, 2009 Thanksgiving
December 24(?) and 25, 2009 Christmas
January 1, 2009 New Year’s Day
Mr. Beedy made a motion to set the E-911 surcharge at $.70, per C.R.S. 29-11-103 (3) (a). Mr. Burgess seconded the motion, which carried unanimously.
Mr. Burgess made a motion to adopt a resolution designating Roxie Devers as the Lincoln County budget officer who will complete the preparation of the 2010 budget. 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 January 13, 2009 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
#709 It was moved by Commissioner
Burgess and seconded by Commissioner Beedy to adopt the following resolution:
WHEREAS, C.R.S. 29-1-104 states that
the governing body of each local government shall designate or appoint a person
to prepare the budget and submit the same to the governing body; and
WHEREAS, one of the duties of the
County Administrator is to act as the budget officer for Lincoln County;
NOW, THEREFORE BE IT RESOLVED by the Board of County
Commissioners of Lincoln County that County Administrator Roxie Devers is
designated as the person to prepare the 2010 budget.
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
In 2008, County Auditor Gary Woodward asked that a county investment policy establishing guidelines for investment of public funds be placed on record, so Mr. Covington created one. After Mr. Covington went over the balance sheet with the Board, Mr. Burgess made a motion to sign the Lincoln County Investment Policy for 2009. Mr. Beedy seconded the motion, which carried unanimously.
At 2:00 p.m., Rob Raines met with the Board to discuss a boundary dispute issue in further detail. Weed Coordinator Wayne Shade, Shop Foreman Chris Monks and Dusty Wells, foreman of T-Cross Ranches, were also present. Both parties produced their copies of survey maps, and then Mr. Lyons said he felt that there was a disagreement on where the property lines were, as well as where the county line might be.
Mr. Kimble said that the section lines are reserved for roads, and if the county line dispute was between counties rather than individuals, then the state engineer would be required to complete a survey to determine the line and settle the dispute. Unfortunately, that option still does not determine who owns the property on either side of the county line. His recommendation was that the commissioners would need to get involved only if there was a question of boundary by acquiescence; if there was a concern that a county road would be closed, or if property taxes would be affected. However, the state engineer would only be involved if the counties feel there is a dispute regarding the placement of the county line. Mr. Kimble added that the county is limited to what it can do, and that payment for the survey by the state engineer would be the county’s responsibility.
Mr. Beedy said that the trail is actually designated on the maps as an unimproved county road; therefore suitable for public access, which is how it will remain, and Mr. Kimble commented that if the state engineer were to re-survey it and establish that the county line is where High Plains Surveying says it is, then Lincoln County would have the problem of determining where their road is. He added that it would be best if the landowners would just reach an amicable agreement.
Mr. Raines told Mr. Wells that if the Norris Corporation would simply put their fence on the west side of the unimproved county road, there wouldn’t be a problem, and Mr. Wells said he would speak with Mr. Norris again and ask if they would consider building another mile of fence.
Mr. Lyons put in that if they did not agree to do so and the state engineer determined that the High Plains Survey Company survey was wrong, they would probably be building a lot more fence than just one mile.
Mr. Wells phoned Steve Norris, but when he returned he said that Mr. Norris would still like to have the survey done, anyway.
Mr. Lyons said that it has become an issue for the county because Norris’ have put two gates across the county road, and Mr. Kimble advised getting an injunction to keep the road open until the dispute is settled.
Rob Raines commented that it would do no good to try and build fence this time of year since the ground is frozen, and if they would just leave the gates unlocked so that he has access to his property, he didn’t feel that there would be further issue until spring. Since Norris’ use the pasture for their cattle, taking the gates out would only cause more problems as the cattle would then get out. He added that he will not need to take any farming equipment into the fields until the first of June, which would give Norris’ time to move their cattle and perhaps they could work something out between them at that time. Mr. Wells thanked Mr. Raines for his cooperation and assured him that the gates would not be locked in the future.
Mr. Kimble said it would be wise to alert Elbert County to what was taking place and offered to send them a letter.
At 2:30 p.m., representatives of the Linnebur family were scheduled to meet with the Board to present their multi-year plan for control of noxious weeds on their property. However, Joe Linnebur was the only one from the family present. Weed Control Coordinator Wayne Shade attended that portion of the meeting, as well.
Although he presented nothing in writing, Mr. Linnebur stated that his plan was to control the Canadian thistle and bindweed infesting his property by using intensive tillage and mowing. Depending on the moisture level, he said he would till every ten days to three weeks. If there is rain or moisture, he said he would use vinegar to kill the weeds.
Mr. Shade said that vinegar is totally ineffective when it comes to killing them, and asked Mr. Linnebur about blowing seed from the weeds, as well as the weeds that grow in his wheat crop, explaining that the problem is that the thistle goes to seed and blows onto neighboring landowners’ property.
Mr. Linnebur said he would undercut the weeds immediately after harvest, but Mr. Beedy commented that intensive tillage won’t kill the weed unless the tilling is done yearly for several consecutive years. All tilling does is drag the roots where the bindweed is concerned, which only spreads it even more. The weeds either need to be sprayed with a chemical or the property tilled continuously for five years without a crop planted on it, according to both Mr. Beedy and Mr. Shade.
Mr. Linnebur presented some research he’d taken from the internet and said that if he didn’t show some progress in the first two years, then he would agree to chemical spraying, but he fully intends to make sure that the weeds don’t grow in the first place. He added that he would mow the Canadian thistle before it went to seed and asked when that would be.
Mr. Beedy told him that it would need to be mowed early in June and Mr. Shade put in that Colorado law and Lincoln County regulations state that noxious weeds must be controlled. If it is not done, then Mr. Linnebur will be given a designated amount of time to take care of the problem or a commercial sprayer will be hired by the county to take care of it with herbicide.
Mr. Linnebur said that there is organic herbicide available, but that he doesn’t know enough about it to know whether or not it really works, and Mr. Beedy asked if he is actually certified as an organic farmer. Mr. Linnebur said his certification is through CIA in Nebraska.
Mr. Shade informed Mr. Linnebur that the Canadian thistle was by far the worst, so Mr. Linnebur said he would mow it, adding that he is tired of the weeds on his farm, too, and perhaps it doesn’t make sense for them to continue to practice organic farming if they can’t control the weeds.
Mr. Burgess asked if he could use Round-up on the fence rows and not hurt the organic product, but Mr. Linnebur responded that he had to have a twenty-five foot buffer. Mr. Burgess continued by saying that if the problem is not addressed in the spring, the county will have to take care of it. However, Mr. Linnebur would be given the opportunity to take the first initiative. Mr. Shade put in that the best time to spray the Canadian thistle is when it is in the rosette stage and that the most effective kill rate is just prior to a hard freeze.
Mr. Beedy said he would like to see Mr. Linnebur spray his most infested field with chemical, and then try tillage and mowing on some of his other ground.
Mr. Lyons wanted to know how it would be monitored, and Mr. Shade said that they would need to have permission to enter the property first. If permission is not granted, they would have to get a court order.
Mr. Kimble said that the law reads that the management plan must be presented and considered by the Board, which it has done. If the commissioners choose not to accept the plan, the next step would be to send Mr. Linnebur a formal notice and the county would establish its own formal management plan with input from the state. Mr. Linnebur would have a specified number of days to respond, and the end result would be that the county would hire a commercial sprayer to go onto the property and spray the noxious weeds. A statement for the cost would then be submitted to Mr. Linnebur for payment and if payment was not received by the designated date, the amount would be added to his property taxes as a lien.
Mr. Lyons asked if the county would be required to obtain right-of-entry on each section of land, or if one for the entire property would be sufficient, and Mr. Kimble said that it would be best to list all the property that the Weed Coordinator has deemed infested in the Order when it is filed. The county would ask for a continuing right of entry for monitoring purposes.
Since most farmers spray their bindweed shortly after harvest, Mr. Lyons asked Mr. Linnebur if it would be possible for him to till immediately after harvest, to which Mr. Linnebur replied that he would do so every two-to-three weeks. Mr. Burgess told him he would be allowed to attack the problem using his methods, but if it is not done to the county’s satisfaction, the commissioners will proceed with further action, and Mr. Beedy added that Mr. Linnebur will have to have the weeds controlled by early June.
Mr. Linnebur asked if he would be allowed to use organic-friendly products if he found something that would keep the Canadian thistle from getting a bud, and the Board agreed that would be acceptable, although Mr. Shade reminded him that he would have to attack the thistle hard to keep the seed from blowing, and that he would need to mow.
Mr. Linnebur asked if he could have the information the Board had given him in writing, and it was agreed that he would receive a copy of the minutes once they are approved.
Mr. Lyons called for the attorney’s report, and Mr. Kimble said that he’d received a Notice of Claim from an attorney representing a previous county employee, but just wanted to make the Board aware of the fact, as often nothing happens after a Notice is filed.
Mr. Kimble said he’d looked at the ordinance regarding the Model Traffic Code and will send an Opinion Letter to the Board. He said the Board would need to make some choices regarding implementing the Code in Lincoln County, and it was agreed that they would work on it on January 30. Mr. Burgess wanted to know if the entire thing had to be published, but Mr. Kimble said that only the ordinance would need to be.
Regarding the hiring of the bus driver and bookmobile employee, the Board decided that John Balentyne should be contacted about the bookmobile job, unless Katie Zipperer would rather hire Amanda Hattridge, in which case Cornelia “Cooper” Neville should be offered the bus driver position at $9.00 per hour.
A decision was made to tour Road District Three on January 21, District Two on January 27, and District One on February 3, after the department head meeting.
Sheriff Nestor was called over to discuss the workmanship done by Smith Construction, LLC, and he said that the only problem he was aware of was that they had hooked one of the vents up in the restrooms in the lobby to simply re-circulate right back into the bathroom, which was causing odor problems. He also said that they recently had some sewer problems and called Shawn in to unplug them. Apparently, the rotor-rooter got stuck and he tried to pull it out with a Skidster, which resulted in a broken snake and some torn up ground. The county dug it out for them and Chris Monks said he’d build the hole up with some gravel, but the sheriff was concerned that the county may be expected to pay for it since he had called Smith to begin with. The Board agreed that they would address the issue if they received a bill.
Ms. Devers also asked the Board to look at the women’s restroom in the courthouse lobby, as she was extremely displeased with the way Shawn’s crew had painted the ceiling when they replaced it. Ms. Devers will contact Mr. Smith, as will Sheriff Nestor, and the bills will not be paid until all parties are satisfied with the outcome.
With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on January 29, 2009.
_______________________________________ _______________________________
Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman