Board of County Commissioners of Lincoln County

Agenda for January 30, 2009

9:00 Call to order and Pledge of Allegiance

9:05 Public Health Director Tonda Scott to discuss the requirements of Senate Bill 08-194

10:00 Social Services Director Colette Barksdale to give her monthly report

1:00 Diana Penn and Preston Sleet to discuss oil and gas leases

2:15 Consider adoption of the 2003 Model Traffic Code

1. Approve additional expense vouchers if necessary

2. Approve the minutes from the January 29^th meeting

3. Review and sign the Victim Assistance and Law Enforcement grant application

4. Review the contact information for the Karval Fire Protection District

5. Review the 2009 contact form for the County Workers’ Compensation Pool, the Colorado Counties Casualty and Property Pool and the County Health Pool

6. County Commissioners’ reports

7. County Administrator’s report

8. County Attorney’s report

9. Old business

10. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on January 30, 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, until 11:30 a.m. Deputy Clerk Vicki Ware attended from 11:30 on. County Attorney Stan Kimble was present in the afternoon, and Kay Christie with The Limon Leader and the Eastern Colorado Plainsman arrived at 9:30 a.m. and stayed until noon.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Public Health Director Tonda Scott met with the Board to discuss the requirements of Senate Bill 08-194. First, Ms. Scott provided a statement of participants in the WIC program in 2008, and then informed the Board that Wendy Pottorff resigned and she has already received several applications for the position. There will be money available through USDA and the state for training the new employee. Ms. Scott also briefly updated the Board on the school nursing program and the Emergency Preparedness program.

Mr. Beedy made a motion to adopt a resolution creating the county Public Health Agency Fund, subject to statutory limitations and authority. 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 30, 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 #710 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt 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, has revamped the public health statutes of the State of Colorado: and

WHEREAS, the Board of County Commissioners of Lincoln County are empowered therein to create a County Public Health Agency, subject to statutory limitations and authority;

NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of Lincoln County hereby designates the Lincoln County Department of Public Health the Lincoln County Public Health Agency, pursuant to C.R.S. 25-1-506(1); and that pursuant to C.R.S. 25-1-508(2)(c), the Board of County Commissioners designates itself as the County Board of Health; and that pursuant to C.R.S. 25-1-508(5)(c)(I), Tonda Scott, formerly Director of the Lincoln County Department of Public Health, is hereby named Public Health Director of the Lincoln County Public Health Agency, and that John Fox M.D., is hereby named Medical Officer for said Agency.

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 SB 08-194, Ms. Scott said that she is actually supposed to oversee marriage, birth and death records, and Ms. Devers said that since the County Clerk/Registrar’s office actually does that already, she thought that she would make up an MOU between the two departments.

Ms. Scott wanted to inform the Board of an issue regarding a nuisance property in the town of Hugo where a trailer had been burned down. Apparently several community members called her as they considered it to be a public health risk.

Since the board of county commissioners is now also the Board of Health, Ms. Scott said they would need to meet at least quarterly.

Mr. Lyons asked that a sentence be struck from the minutes submitted for January 29, 2009, regarding boundary lines, as it wasn’t pertinent at this time. Mr. Burgess made a motion to approve the minutes, as amended. Mr. Beedy seconded the motion, which carried unanimously.

After reviewing the Victim Assistance and Law Enforcement grant application, Mr. Beedy made a motion to sign the application. Mr. Burgess seconded the motion, which carried unanimously.

The Board reviewed the contact information for the Karval Fire Protection District, and then Mr. Beedy made a motion to approve the 2009 contact form for the County Workers’ Compensation Pool, the Colorado Counties Casualty and Property Pool, and the County Health Pool. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Beedy reported that he participated in the meeting for the Eastern Colorado Services for the Developmentally Disabled by phone the previous evening, and Mr. Burgess reported that he asked Travis Nall about the thermostats purchased from Plains Heating and Air Conditioning and learned that they were $425 each. Travis had checked the internet and found he could purchase them elsewhere for $160 each. Mr. Burgess also spoke with Paul Jenkins, who told him that their fire district is in the process of burying water storage tanks at various locations in their district. They are currently looking for a tandem axle truck with a four thousand gallon tank and asked if the county might have something.

Mr. Lyons reported that he spoke with Herman Schreivogel the night before, who told him that Cory Gardner had taken all of the information regarding the state not approving the plans for the generator project at the hospital. Mr. Gardner will begin work on it immediately.

Ms. Devers had nothing to report.

At 10:00 a.m., Social Services Director Colette Barksdale met with the Board to give her monthly report. Robert Kraxberger attended as well.

The Board reviewed the department’s financial reports for the months of October, November, December and January, as well as the caseload report for January, 2009.

Ms. Barksdale reported on the Fatherhood Initiative and explained about a legal clinic and fatherhood forum they are putting on at the Limon Community Center on February 21, 2009, from 1:00 p.m. until 4:00 p.m. They are almost ready to complete the changing table project and hope to purchase approximately thirty tables from Hugo Lumber, or somewhere else locally, and will spend about $10,000. She also reported that they have approximately seven active cases being investigated for fraud at this time.

There will be a CFSR PIP Regional Project stakeholder meeting on March 11, 2009, to which the Board is invited.

Ms. Barksdale said they are ready to kick off Project School Supply, as letters to the schools are scheduled to go out on February 3. Schools will need to return their supply lists no later than March 16 and the Social Services Department will compile lists and price supplies with local businesses by April 10. By April 30, the schools will be notified which supplies will be provided, and then the supplies will be ordered and delivered to the schools by June 1, so that they will be able to distribute their supplies to the classrooms by August 17. Ms. Barksdale said they intended to spend between $10,000 and $15,000 at the very least, but they will have a better idea sometime in March of how much they will have to spend down their TANF dollars.

Mr. Beedy made a motion to proceed with Project School Supply through the Department of Social Services. Mr. Burgess seconded the motion, which carried unanimously. Mr. Burgess asked that Ms. Barksdale’s department make sure that the schools and local businesses know about the project well in advance so that merchants do not order in large quantities of supplies that they will be unable to sell.

Mr. Beedy asked Ms. Barksdale if there would be TANF funds available to help out Economic Development this year, and Ms. Barksdale said she thought there would be about $5,000. Mr. Burgess said they might need to use the money elsewhere, but Ms. Barksdale told him that it must be used for work activities, as it was actually a bonus they received for meeting their work participation goals.

When Mr. Lyons called for old business, Mr. Burgess said he would like to finish out with the Tourism Board, as he had spoken with both Donna Metcalf and Jodi Schifferns, who said they would be happy to serve on the board. Linda Orrell and Vernon Stone will also serve, but no one had been able to find someone from the Genoa area who would do so. Phone calls were placed to Jerry Chubbuck, who declined, and Patricia Vice, who could not think of anyone, either. The Board left a message with Steve Beedy to see if he would be interested, as they felt strongly that they wanted one member from each community, rather than getting two members from the same area.

Mr. Burgess felt they should get all of the members together the first time and let them know what is expected of them and what processes need to be put into place. He added that he would like to get by-laws from the town of Burlington or Morgan County.

Mr. Burgess then made a motion to adopt a resolution instating the Lincoln County, Colorado Economic Development Incentive Policy, effective February 1, 2009. 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 29, 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 #711 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 has received inquiries from various sources asking for their consideration in development of an economic development incentive policy for Lincoln County; and

WHEREAS, the Lincoln County Commissioners are committed to encouraging the development of new businesses and the expansion of existing businesses, in promoting economic development, and in creating employment opportunities in the county; and

WHEREAS, after careful consideration of their alternatives, the Lincoln County Commissioners have determined that it is in the best interests of the citizens of Lincoln County to adopt an economic development policy with sufficient incentives to encourage new businesses to locate in the county, existing ones to expand, and both to create full time employment opportunities;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that an Economic Development Incentive Policy be adopted, with an effective date of February 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

Ms. Devers said she had contacted Fair Manager Mike Mosher for a copy of the fees for the fairgrounds and events building and shared it with the Board. The rates that were adopted at the January 29, 2009 commissioner meeting were compared to those charged for the Limon Community Building. After discussion, Mr. Burgess made a motion to rescind the motion made at the previous meeting on January 29, setting the rates for the events building and fairgrounds. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess then made a motion to increase the rates of the Lincoln County fairgrounds and events building as follows: all categories would be increased by $100, except the awning area fee, which would be increased to $100 per twenty-four hour period. The building usage fee of $175 per twenty-four hour period would be charged for personal use and non-profit organizations, and $250 would be charged per twenty-four hour period for businesses. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess told the other commissioners that he felt they should look at the possibility of getting rid of some of the older vehicles that the county owns and that are not running or are used very little. It costs the county $350 per vehicle, per year, to insure those vehicles. They directed Ms. Devers to call Mr. Monks at the shop and have him get a record of the mileage and condition of those vehicles, and then they will discuss the issue with him at the meeting on February 5.

Mr. Burgess asked to change the commissioners’ tour of the roads in District Two to February 9, at 9:00 a.m. That was agreeable to Mr. Lyons and Mr. Beedy.

Diana Penn, Joshua Roberts and Dave Catron met with the Board to discuss an oil and gas lease on approximately twenty acres of land that the county owns in the Boyero area. Mr. Catron offered a standard five-year lease at fifty dollars per mineral acre, with a one-eighth royalty. The commissioners were willing to lease, but Mr. Lyons wanted a three-year lease at thirty dollars per mineral acre with a two-year option. The commissioners told Ms. Penn and Mr. Catron to draw up the lease and bring it back to another meeting for signature.

County Treasurer Jim Covington joined the meeting. The commissioners had several questions for County Attorney Stan Kimble regarding weed control. They wanted to know if the county did the spraying and the bill was not paid by the landowner, and the county then put a lien on the property through the treasurer and the property then went to tax sale, must the spraying bill be paid with the taxes? The answer was yes. Mr. Kimble felt that they might want to send weed control letters to lien holders as well as owners, so that they will know there is a problem.

Mr. Lyons told the Board that there was no state surveyor. He had talked to the Elbert County surveyor. Mr. Kimble said that he felt that disputes concerning county boundaries would be settled by the state engineer who would be guided solely by state statute.

Mr. Burgess told the commissioners that he felt that they needed to crack seal the courthouse parking lot as soon as possible. They decided to discuss this with Mr. Monks when he comes to the meeting on February 5.

Sheriff Tom Nestor and Undersheriff Gordon Nall joined the meeting to present Ordinance No. 712 for first reading to adopt the 2003 edition of the Model Traffic Code. Undersheriff Nall told the commissioners that traffic misdemeanors would be handled by the District Attorney as they always have been. However, traffic infractions would not be handled by the District Attorney and they would want the County Attorney to handle those cases if the defendant had an attorney. The money would be collected by the sheriff’s office and deposited with the Treasurer as soon as possible. The commissioners wanted that money to be deposited into the General Fund, and the sheriff had no objection. Sheriff Nestor told the Board that no more road signs would be required.

Mr. Burgess made a motion to approve Ordinance No. 712, as presented, with amendments to Section 9 designating that fines be paid to Lincoln County, General Fund; to Section 8, changing the word “offenses” to “infractions;” and adding the name of Stan Kimble, County Attorney, to the list of those present. Mr. Beedy seconded the motion, which carried unanimously.

Ordinance No. 712

Undersheriff Nall will make the corrections and send the ordinance to the Colorado Department of Transportation for their approval, which is the next step of the process. After its return from CDOT, dates will be set for a public hearing and the publishing of the ordinance.

With no further business coming before the Board, the meeting was adjourned until February 5, 2009.

_____________________________________ ________________________________

Corinne M. Lengel, Clerk to the Board Vicki Ware, Deputy County Clerk

________________________________

Ted Lyons, Chairman