Board of County Commissioners of Lincoln County  

Agenda for February 18, 2009

 

 

9:00 Call to order and Pledge of Allegiance

 

9:05 Fairgrounds Manager Mike Mosher to discuss construction of a restroom/shower facility at the fairgrounds

 

10:00 Assessor Estelle Thaller to discuss a security issue

 

 

1.      Approve the minutes from the February 5th meeting

2.      Review the January 2009 reports from the Assessor, County Clerk and the Treasurer

3.      Review an invitation to attend an informational meeting concerning the Republican River Water Conservation District and water users in the Basin

4.      Review and sign the agreement for the Bee Hive to use the handicap accessible bus

5.      Review an application from Jerrid Hielscher to charge at the county landfill

6.      Adopt a resolution for a list of attorneys, their position and their salaries, who are employees of the 18th Judicial District

7.      Review the January 2009 reports of revenues and expenditures for Capital Projects, Conservation Trust, E911, Landfill, Library, Road & Bridge and the individual road districts

8.      County Commissioners’ reports

9.      County Administrator’s report

10.  County Attorney’s report

11.  Old business

12.  New business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Board of Lincoln County Commissioners met at 9:00 a.m. on February 18, 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.  County Attorney Stan Kimble attended in the afternoon.

 

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then fairgrounds manager Mike Mosher met with the Board at their request to discuss construction of a restroom/shower facility at the fairgrounds.  Gene Vick and Marvin Thaller were also present.

Mr. Burgess felt that adding showers would cause too much stress on the leech field and Mr. Lyons was concerned that the intended location of the facility would interfere with electrical and phone lines. 

 

The Board explained that they intended to locate the leech field for the new facility out in the open area near the horse barns when Mr. Vick asked where they intended to put it.  He wanted to know why they are building the new restroom/shower facility when the rates were recently raised for rental of the fairgrounds and he believes no one will want to utilize the area now because of the higher cost.  Mr. Vick said that the entire fairgrounds was built using donations and conservation trust money and grants, and he didn’t feel that charging such high rates was feasible.  He requested that the utility bills be compared, adding that the Department of Social Services used the fair building for one whole week in December for their Christmas Basket program, and he believed they should have had to pay rent for it, just like anyone else would.  Ms. Devers told him that since they are another county agency, they are never charged.

 

Mr. Lyons asked Mr. Vick if he could think of anywhere else that a person or group could rent a facility of the size of the fairgrounds for less than what the county is currently charging, but Mr. Vick said he was sure there probably wasn’t any place.  However, his point was that he did not want to lose any revenue, no matter how much, because people started refusing to rent the facilities.

 

Mr. Lyons asked Mike Mosher if he had seen any cancellations so far since the rate increase, to which Mike replied that he’d had a couple.

 

Marvin Thaller said that as a representative of the Ranch Rodeo group, he did not believe they would be able to afford $700 per day, and Mr. Vick added that a better way to recover the cost of utilities would be to charge each camper a fifteen dollar per day hook-up fee.  His recommendation was to install fifty or seventy-five 40-amp plug-ins with locks on the east side of the parking area.  Another idea he had was to stop paying premiums on open class exhibits.

 

After further discussion, Mr. Thaller said he needed to know if the fees were going to remain the same, as the Ranch Rodeo group had to start work on their advertising by February 24, and he wanted to be able to tell them today if the fees were going to stay the same or if the Board intended to cut them back.  The Board agreed that they would most likely re-address the rates, but wanted to look at the past utility bills and compare them with the budget figures again before doing so. 

 

Discussion ensued regarding designating parking areas more clearly, and Mr. Thaller suggested putting in some posts and stringing cable to create barriers.  However, Mr. Burgess said that cable tends to splinter, and he was worried about children.  Ms. Devers said she would like to see them consider moving the handicap parking area as well, or at least doing something else with it, since the drainage is bad there, as well as the fact that it is on a slope.

 

Mr. Lyons said they would gather more information before the next fair board meeting, and Mr. Beedy asked Mr. Mosher if he had a map that would show where any utility lines might be.

 

In regard to adding lighting to the fairgrounds parking area, Mr. Thaller said that complete lighting kits for mercury vapor lights are no longer available, so they would have to get sodium lights instead, which, of course, are more expensive.  However, they are supposed to be better and last longer.  Discussion was held regarding putting a new light on the existing pole that has a transformer on it, but Mr. Thaller assumed that K.C. Electric wouldn’t allow that.

 

Mr. Vick said he thought they should put at least two showers in each of the new restrooms, and Mr. Beedy agreed, but Mr. Burgess disagreed; stating that they would then have to purchase and maintain an industrial strength hot water heater.  Mr. Thaller said there were other options; such as, controlling the time limits and/or water temperature.

 

The Board thanked Mr. Vick for his input and told Mr. Thaller that they would get back to him later in the day, once a decision was made regarding the rental fees.

 

Mike said that he also wanted the Board to know that the large refrigerator in the Ellis Allen building broke down and was told to contact Jim Murphy to have it fixed.  Ms. Devers requested that a light be put above the sink in the kitchen, as it is difficult to see if you are trying to wash dishes there.

 

Mr. Lyons asked Mike to bring back a list of which organizations regularly rent the fairgrounds, as well as how much they have been charged, and they would try to gather the information on how much money had been spent on utilities on a monthly basis for the past couple of years.  Ms. Devers expressed her frustration, commenting that the last time the Board had voted to increase the rates she had done quite a bit of research and proved on paper that there was not that much difference between the revenues and expenditures, yet they had chosen to raise the rates anyway.  

 

Further discussion was tabled until afternoon.

 

Mr. Burgess made a motion to approve the minutes from the meeting held on February 5, 2009, as submitted.  Mr. Beedy seconded the motion, which carried unanimously.

 

The Board reviewed the January, 2009 reports from the Assessor, Clerk and Treasurer, and an invitation to attend an informational meeting concerning the Republican River Water Conservation District and water users in the Basin.  The meeting will be in Yuma on March 4, 2009, at 10:00 a.m., and Mr. Beedy and Mr. Lyons will plan on attending.  Ms. Devers said Jim Covington would also like to go.

Mr. Beedy made a motion to sign the agreement with the Bee Hive to use the handicap accessible bus.  Mr. Burgess seconded the motion, which carried unanimously.

 

After reviewing an application from Jerrid Hielscher to charge at the county landfill; approximately seven loads of household trash, wood and furniture per week, Mr. Beedy made a motion to allow Mr. Hielscher to charge.  Mr. Burgess seconded the motion, which carried unanimously.  Mr. Lyons suggested having the Treasurer and Mick Jaques monitor the situation closely, and if payment is received late, or not at all, in the first month, Mr. Hielscher will no longer be allowed to charge.

 

Mr. Burgess made a motion to adopt a resolution listing the names, positions and salaries of the attorneys who are employees of the 18th Judicial District.  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 February 18, 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 #714                        It was moved by Commissioner Burgess and seconded by Commissioner Beedy adopt the following resolution:

 

            WHEREAS, per C.R.S. 20-1-201(1) (a) the district attorney in every judicial district is authorized to appoint such deputy district attorneys as he deems necessary to properly discharge the duties of his office, with the approval of the board of county commissioners or boards of county commissioners of multi-county districts or the city council of a city and county affected, and such deputies shall hold their offices during the pleasure of such district attorney.  Such deputies shall not engage in the private practice of law nor receive any income from any private law firm; and

 

            WHEREAS, per C.R.S. 20-1-201(2) the district attorney in every judicial district may designate and appoint chief deputy district attorneys, who shall be attorneys-at-law admitted to practice within this state.  All chief deputy district attorneys shall hold office at the pleasure of the district attorney; except that no district attorney may appoint more than one chief deputy district attorney without the prior approval of the board of county commissioners or boards of county commissioners of multi-county districts or the city council of the city and county affected.  Such chief deputies shall not engage in the private practice of law nor receive any income from any private law firm; and

 

            WHEREAS, per C.R.S. 20-1-203 the compensation for all deputy, chief deputy, part-time deputy, assistant, and part time assistant district attorneys shall be fixed by the district attorney with the approval of the board of county commissioners or boards of county commissioners of multi-county districts or the city council of a city and county affected, and each county comprising such judicial district shall pay such deputies, chief deputies, assistants, and part-time assistants salaries in the proportion which the population of such county bears to the whole population of such judicial district; except that part-time deputies shall be paid by the county or counties they serve; and

 

            WHEREAS, Carol Chambers, District Attorney for the 18th Judicial District, provided the Board of County Commissioners of Lincoln County with a 2009 listing of the Assistant District Attorney and the Deputy District Attorneys for the Office of the District Attorney, 18th Judicial District, along with their respective salaries, and requested their approval;

 

            NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of Lincoln County hereby approves the attached list of the Assistant District Attorney, Chief Deputy District Attorneys, and the Deputy District Attorneys for the Office of the District Attorney, 18th Judicial District, and their respective salaries.

 

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 January, 2009 reports of revenues and expenditures for the Capital Projects, Conservation Trust, E-911, Landfill, Library and the Road & Bridge funds, as well as the individual road districts, were reviewed.

 

Mr. Burgess reported that on February 5 he attended the Soil Conservation meeting, and on the Sixth he spoke with Joe Linnebur about his cattle guard at the Breaks.  Bart O’Dwyer will put it in for him, and will also replace the two existing cattle guards of Johnsons.  On February 9, he stopped by Kimel Jones’ place where the fire was, and on the Twelfth, he attended the Centennial Mental Health meeting in Holyoke.  Tony Carlson told him they definitely need more participation from the eastern district at CCI, so Mr. Burgess said he would try to attend more often with Mr. Beedy.  He also helped Roger Noakes haul asphalt and concrete and took a couple of loads of trash to the landfill.  On February 17, all three commissioners took a blowing dirt complaint.

 

Mr. Beedy reported that he also attended the Soil Conservation meeting on February 5, as did Mr. Lyons.  On the Ninth, Tenth and Eleventh, he reviewed 161 Strategic Allocation Committee State Strategic Use Fund grants, and on the Thirteenth, he attended the State Transportation Advisory Committee and CCI.

 

Mr. Lyons reported that he also checked on some roads and then went by the off-load project in Genoa on February 17.  Mr. Burgess added that, with the high winds yesterday, the plastic from the shingles has blown all over the countryside.  Not only are they not hauling the rock out, but they now have piles close to thirty feet high, and he believes the whole project needs to be shut down and cleaned up.

 

Sheriff Tom Nestor stopped by to inform the Board they discovered that the water leak is back in the jail again, but he had determined that it is because inmates have dumped water from the mop buckets down the heater vents in the floors, rather than down the drain.  Apparently, there is a low spot under the floor that all of the water runs to.  Mr. Burgess said they would have to pump out the excess water and then figure out a long-term solution for the problem.

 

Mr. Burgess made a motion to adjourn the meeting for a brief department head meeting at 11:00 a.m.  Mr. Beedy seconded the motion, which carried unanimously.

 

Mr. Lyons called the meeting back to order at 11:25 a.m., and asked for the Administrator’s report.  Ms. Devers reported that members of the Hugo 100th Anniversary Celebration committee would like to hold a chuck wagon breakfast at the roundhouse on May 16, and asked if it would be acceptable for them to do so.  No one would be allowed inside the building, and the Board agreed that it would be fine to hold the breakfast there.

 

Discussion was held regarding a free day at the landfill, and the date was set for May 9. 

 

A NACo/Colorado Priority Survey from CCI which Ms. Devers had received and completed was reviewed, and then Ms. Devers informed the Board that Chris Monks intends to work on the courthouse parking lot either the week of February 23 or March 2.  He asked that Mr. Burgess and Mr. Beedy let their road foremen know since he will need help from their road crews.

 

Ms. Devers shared a handout on a Naval Nuclear Propulsion Program transportation exercise in August, 2009, and informed the Board that Ken Morrison had submitted the commissioners’ names which will enable them to receive information.

 

Ms. Devers’ final item was an update on the courthouse security and energy DOLA grant.  The x-ray machine for packages and the installation of the key-card system for employee access to the courthouse should be completed and the bills paid by the March 31 deadline.

 

As for old business, Mr. Burgess said that he’d received another phone call from Paul Jenkins with the Edison Fire District about a tandem axle truck.  He told him that District Two will not trade theirs for at least another year, but thought that District Three might have one.  Mr. Beedy said they do have a 1986 International that they might want to sell by sealed bid, as well as a backhoe and a mower.  Mr. Burgess suggested he find out what the truck is worth, but asked that he hold off on trying to sell the backhoe, as he feels the county has too many and they should look into moving some of their equipment to District 4.  One idea would be to have one piece of equipment and one operator, and then haul it to the job site.  Mr. Lyons said they would need to discuss it with their road foremen first.

 

In regard to new business, at the soil conservation meeting on February 5, it was discussed that leafy spurge is migrating down the Big Sandy and there is concern of how to control it.  The High Plains Soil Conservation District intends to apply for a $10,000 High Plains Invasive Weed grant, but asked for monetary support from counties to go toward the match.  Mr. Burgess made a motion to give $500 and to send a letter of support to the High Plains Soil Conservation District toward the control of leafy spurge and other target species along the Big Sandy.  Mr. Beedy seconded the motion, which carried unanimously.

 

There was also some discussion regarding having Wayne Shade obtain a supervisor’s license to allow him to oversee someone else’s spraying efforts, which would require more testing on Mr. Shade’s part.

 

Mr. Burgess said they had discussed the purchase of a new county van during budget time, so he had gotten a quote from Broadway Dodge on a new van, which was for $19,758.  He said Anderson Motors had a 2007 Chevrolet with twenty thousand miles on it for around $13,000, but he had not yet contacted Limon Chrysler.  Mr. Lyons felt they should wait to see what happens with the economy.

 

Representatives from T.S. Dudley Land Company, Inc. met with the Board to request the county sign a lease agreement for two separate Paid-Up Oil and Gas Leases.  Upon approval from County Attorney Stan Kimble, Mr. Beedy made a motion to sign the lease agreements.  Mr. Burgess seconded the motion, which carried unanimously.

 

Discussion continued regarding the rates for building and fairgrounds usage and after determining that the cost for utilities in 2008 was roughly $8,500, and the revenue was close to $5,500, the following rates were adopted:  Building fee - $100 per 24-hour period for personal use or by non-profit organizations and $175 per 24-hour period for businesses; Awning fee - $75 per 24-hour period; Clean-up/Damage fee - $20 per man hour; Arena/Grounds fee - $100 per 24-hour period for use without lights and $150 for use with lights; Entire Fairgrounds - $300 per 24-hour period; Electrical Hook-up - $15 per night.  Mr. Burgess made a motion to approve the new rates, effective immediately.  Mr. Beedy seconded the motion, which carried unanimously.

 

Mr. Mosher will talk to Leo Hurtado about where to put the lights for the parking area, and further discussion was held regarding where to put the new restroom facility.  Mr. Burgess decided it would probably end up being a fifty or sixty foot building if they put in one family unit.  Mr. Lyons asked Mike to measure the intended area and draw up a rough draft of how the facility might look.

 

Mr. Kimble reported that the sheriff was asked by the Karval School to be their truant officer, but Mr. Kimble reviewed statute and doesn’t believe it is possible for the county to take on such a task unless there is an IGA or some other agreement already in place.  There is no such agreement to anyone’s knowledge, and Mr. Kimble’s opinion was that truancy enforcement is up to the school and that the county should not get involved.

Ms. Lengel had asked Mr. Kimble to find out what he could about archival or destruction of UCC Financing Statements, as she is running out of room in her vault, and he learned that until some other archiving agreements are made, they must be kept as permanent records.  The Colorado County Clerks Association has developed an archival committee just this year, so the problem should be addressed in the near future.

 

The Board reviewed a letter from Governor Bill Ritter announcing the award of Energy/Mineral Impact Assistance funds for EIAF #06497 – Lincoln County 950H Caterpillar Loader Purchase.  Susan Kirkpatrick, executive director of the Department of Local Affairs will be sending a letter concerning the amount and details of the award.

 

With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on February 26, 2009.

 

 

 

 

 

 

 

 

 

 

______________________________________                   ______________________________

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