Board of County Commissioners of Lincoln County
Agenda for April 16, 2009
9:00 Call to order and Pledge of Allegiance
9:00 County Assessor Estelle Thaller to discuss the notices of valuation and the county values
9:30 Travis Nall to discuss replacing the doors on the garage at the county annex
10:00 County Treasurer Jim Covington to discuss adoption of a resolution concerning the County Fair checking account
1:00 Public Health Director Tonda Scott to discuss the Dental Grant and purchases made with funding from it
1:30 Dean and Nova Waite to review their performance evaluation
1. Approve the minutes from the April 6, 2009 meeting
2. Cancel County General check #8924 written to Norstar Industries, Inc. on June 30, 2008 for $20.53 since the company says they cashed it so it must be lost in the check clearing house
3. Review the official notification from CDOT Region 1 that $555,000 of federal American Reinvestment & Recovery Act (ARRA) money, as part of the region’s discretionary allocation of Transportation Enhancement projects funding, has been awarded for restoration of the U.P. Railroad roundhouse in Hugo
4. Review the March reports from the Assessor and the Treasurer
5. Review the March reports of revenues and expenditures for County General, Landfill, Library, E911, Capital Projects, Conservation Trust, Road & Bridge and the individual Road & Bridge Districts
6. Review and sign paperwork with Caterpillar Financial Services Corporation for lease/purchase of a Caterpillar motor grader for Road & Bridge District 2
7. County Commissioners’ reports
8. County Administrator’s report
9. County Attorney’s report
10. Old business
a. Review and sign a letter to Dorman Brothers, LLC in response to their request for a letter of approval from Lincoln County to locate an anhydrous ammonia site at Karval Fertilizer
b. Discuss the procedure for expenditure of $55,683 of ARRA funding to be received by the Colorado East Community Action Agency and distributed through the Community Services Block Grant program
11. New business
The Board of Lincoln County Commissioners met at 9:00 a.m. on April 16, 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 was present in the afternoon, and Kay Christie with The Limon Leader and Eastern Colorado Plainsman was present from approximately 9:30 a.m. until 10:45 a.m.
Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then County Assessor Estelle Thaller met with the Board to discuss the notices of valuation and the county values. Jeremiah Higgins and Renita Thelen were also present. Ms. Thaller explained that the personal property, state assessed and oil and gas numbers weren’t completed yet, but preliminary assessed value figures were actually up and she felt the Board would want to know that the numbers appeared to be holding well. The NOVs will be mailed on May 1. Ms. Thelen commented that quite a bit of the personal property was lost since Ayres and Coleman Packing had around $150,000 worth of equipment in the county while they were in operation. Ms. Thaller added that residential values have been good because of supply and demand.
On another matter, Ms. Thelen informed the Board that Sang No, M S Hospitality of Limon, Inc., the owner of the old Best Western motel in Limon, has applied for an abatement of taxes for personal property. The motel was purchased in 2007 and taxes were paid on the previous owner’s property. Sang No did not submit a declaration in 2008, and even though he was contacted numerous times, he failed to respond to correspondence and did not appear for scheduled appointments, such as his audit. Ms. Thelen said he did submit his listing, but never furnished numbers that were requested. Sang No is now requesting a refund of taxes, but according to the rules, cannot get one because a protest of valuation was never filed. Ms. Thaller said the Board would have to hold a hearing and Ms. Devers will send Sang No a letter with the scheduled date and time.
Ms. Thaller then requested an executive session with the Board, so Mr. Burgess made a motion to go into executive session, per C.R.S. 24-6-402 (4) (f) (I), to discuss a personnel issue. Mr. Beedy seconded the motion, which carried unanimously. Those remaining for the session were Mr. Lyons, Mr. Burgess, Mr. Beedy, Ms. Devers, Ms. Thaller and Ms. Lengel. The session was tape-recorded and the tape is on file in the County Clerk’s office.
After coming out of executive session, Ms. Thaller mentioned that both she and her chief deputy assessor Jessie Meier will be retiring at the end of the year. Discussion was held as to whether or not new employees could begin sooner than that, as Ms. Thaller would like for them to familiarize themselves with the office and the new computer system, and take the required training on the system the first part of January. She was concerned that not having the money in the current year’s budget would be a problem, but the Board felt that, considering the circumstances, it could not be helped. The Board will be required to appoint an Assessor for the remainder of Ms. Thaller’s term of office. Ms. Thaller said she would certainly help as much as she was needed, as she has the county’s best interests at hand, and she will put together some figures for the Board.
At 9:30 a.m., Travis Nall met with the Board to discuss replacing the doors on the garage at the county annex. Mr. Beedy made a motion to approve the purchase of two metal doors from Hugo Lumber at $285 each. With angle iron, mounting brackets and possible locking mechanisms, the total should come to around $650. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Beedy made a motion to approve the minutes from the meeting held on April 6, 2009, as submitted. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Beedy made a motion to cancel County General check #8924 in the amount of $20.53, written on June 30, 2008, to Norstar Industries, Inc., since the company cashed it, but said it must be lost in the check clearing house. Mr. Burgess seconded the motion, which carried unanimously.
The Board reviewed the official notification from CDOT Region 1 that $555,000 of federal American Reinvestment & Recovery Act (ARRA) money, as part of the region’s discretionary allocation of Transportation Enhancement projects funding, has been awarded for restoration of the U.P. Railroad roundhouse in Hugo. Mr. Burgess wanted to know how the interior of the roof would be preserved once the roof was in place, as the windows would not yet have been put in. Ms. Devers assumed they would have to be completely boarded up.
Also reviewed were the March reports from the Assessor and the Treasurer, and the March reports of revenues and expenditures for the County General, Landfill, Library, E911, Capital Projects, Conservation Trust and Road & Bridge funds and the individual Road & Bridge Districts.
At 10:00 a.m., County Treasurer Jim Covington met with the Board to discuss adoption of a resolution concerning the County Fair checking account. He explained that although it has been customary for him to transfer funds from that account to the County General Fund account approximately once each year, he would feel better having a document that gave him authorization to do so.
Mr. Burgess made a motion to adopt a resolution authorizing the County Treasurer to annually transfer funds from the County General fund checking account into the Fair checking account and to transfer any funds remaining after the county fair, less the amount for any outstanding checks and the minimum $50 required for a checking account, back into the County General Fund, and that such authorization would continue until revoked by action of the commissioners. 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 April 16, 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
#717 It was moved by Commissioner
Burgess and seconded by Commissioner Beedy to adopt the following resolution:
WHEREAS, pursuant to C.R.S. 30-10-707,
it is the duty of the County Treasurer to receive all moneys belonging to the
county, from whatsoever source they may be derived, and all moneys which are by
law directed to be paid to him. All
money received by him for the use of the county shall be paid out by him only
on the orders of the Board of County Commissioners, according to law, except
where special provision for the payment thereof is otherwise made by law;
and
WHEREAS, pursuant to C.R.S. 30-10-709,
the County Treasurer shall keep a just and true account of the receipt and
expenditure of all moneys that come into his hands by virtue of the office, in
books to be kept by the treasurer for that purpose, which books shall be open
at all times for the inspection of the Board of County Commissioners, or any
member thereof, and to all county and state officers; and
WHEREAS, it has been the procedure for
the Lincoln County Treasurer, with approval of the Lincoln County
Commissioners, to open a Fair checking account, with funds transferred to it
from the County General Fund and being charged against the Fair Budget, for
immediate payment of certain specified expenses incurred during the Lincoln
County Fair; and
WHEREAS,
this procedure has also included transferring any funds remaining in the
Fair checking account, less the total amount for any outstanding checks and
$50.00, which is the minimum amount required to keep a checking account open,
back into the County General Fund and being credited to the Fair Budget;
and
WHEREAS,
this procedure allows the payment of these specified bills in a timely manner,
with the Lincoln County Treasurer maintaining a just and true account of the
transfer of funds into the Fair checking account and from the account back into
the County General Fund; and
WHEREAS,
the Lincoln County Fair Manager, the Lincoln County Treasurer and the Board of
County Commissioners of Lincoln County wish to continue this procedure;
NOW, THEREFORE BE IT RESOLVED by the Board of County
Commissioners of Lincoln County that the Lincoln County Treasurer is hereby
authorized to annually transfer funds from the County General Fund into the
Fair checking account for payment of bills so specified by them and to transfer
any funds remaining after the county fair, less the amount for any outstanding
checks and the minimum $50 required for a checking account, back into the
County General Fund, with the Lincoln County Fair budget being debited for the
expenditures made from this checking account; and
BE
IT FURTHER RESOLVED that this authorization will continue until it is
revoked by action of the Board of County Commissioners of Lincoln County.
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 Board then reviewed paperwork from Caterpillar Financial Services Corporation for the lease/purchase of a motor grader for District 2. Ms. Devers said they would need several items, such as a resolution, copy of the minutes once they were approved, and a letter from Mr. Kimble.
Mr. Beedy asked what the total owed would be, and Mr. Burgess responded it would be $129,724; $43,242.31 per year. Mr. Beedy made a motion to approve the signing of the paperwork requested by Caterpillar Financial Services Corporation, as well as the adoption of a resolution to enter into the contract for the lease/purchase of a motor grader for Road and Bridge District Two. Mr. Lyons 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 April 16,
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
#718 It
was moved by Commissioner Beedy and seconded by Commissioner Lyons to adopt the
following resolution:
WHEREAS, COUNTY OF LINCOLN,
COLORADO (the "Governmental Entity"), a body politic and
corporate duly organized and existing as a political subdivision, municipal
corporation or similar public entity of the State of Colorado (the
"State"), is authorized by the laws of the State to purchase, acquire
and lease personal property for the benefit of the Governmental Entity and its inhabitants
and to enter into contracts with respect thereto; and
WHEREAS, in order to acquire such equipment, the Governmental Entity proposes
to enter into a lease-purchase transaction pursuant to that certain
Governmental Equipment Lease-Purchase Agreement (the "Agreement")
with Caterpillar Financial Services Corporation, the form of which has been
presented to the governing body of the Governmental Entity at this meeting;
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln
County that:
Section 1. Approval of Documents. The form,
terms and provisions of the Agreement and all other schedules and exhibits
attached thereto are hereby approved in substantially the form presented at
this meeting, with such insertions, omissions and changes as shall be approved
by counsel of the Governmental Entity or other members of the governing body of
the Governmental Entity executing the same, the execution of such documents
being conclusive evidence of such approval; and the persons holding the titles
listed below or any other officer of the Governmental Entity who shall have the
power to execute contracts on its behalf are hereby authorized and directed to
execute, acknowledge, countersign and deliver the Agreement and all exhibits attached
thereto, and the Clerk of the Governmental Entity is hereby authorized to
attest to the foregoing and affix the seal of the Governmental Entity to such
documents.
Section 2. Other Actions Authorized. The
officers and employees of the Governmental Entity shall take all action
necessary or reasonably required by the parties to the Agreement to carry out,
give effect to and consummate the transactions contemplated thereby and to take
all action necessary in conformity therewith, including, without limitation,
the execution and delivery of any closing and other documents required to be
delivered in connection with the Agreement.
Section 3. No General Liability. Nothing
contained in this Resolution, the Agreement, or any other instrument shall be
construed with respect to the Governmental Entity as incurring a pecuniary
liability or charge upon the general credit of the Governmental Entity or
against its taxing power, nor shall the breach of any agreement contained in
this Resolution, the Agreement, or any other instrument or document executed in
connection therewith impose any pecuniary liability upon the Governmental
Entity or any charge upon its general credit or against its taxing power,
except to the extent that the payments payable under the Agreement are special
limited obligations of the Governmental Entity as provided in the Agreement.
Section 4. Authorized Signatories. Following are the true names, correct titles and signatures of the incumbent officers referred to in the foregoing resolution:
Section 5. Effective Date. This Resolution shall be effective immediately upon
its approval and adoption.
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 reported that he attended the department head meeting on April 7, the Colorado Works Allocation Committee meeting on April 8 by telephone, and the CHP board meeting on April 9. Later that evening, he attended the Economic Development board annual meeting where a representative with RES was the guest speaker. On April 10, he attended the State Transportation Advisory Committee meeting, and on the Fourteenth all three commissioners toured the roads in District Two. Mr. Beedy reported that he also did some research regarding fuel storage tanks and found a place in Kansas where they could purchase eighty-eight hundred gallon tanks for approximately $6,700 each. He was not sure what regulations there would be, but felt it would be worthwhile in pursuing further. Mr. Burgess wondered if they would still be able to get the DOLA grant if they chose to purchase tanks such as the ones Mr. Beedy was suggesting and Mr. Beedy said he didn’t know what all would be involved. Mr. Beedy also reported that he met with his road crew earlier this morning.
Mr. Burgess also attended the department head meeting on April 7, and helped clean up around the roundhouse on the Eighth. Later, he discussed some issues with Centennial Mental Health procedures at the hospital. On the Ninth, he attended a Centennial Mental Health meeting in Akron and on the Tenth he participated in a conference call regarding the expenditure of ARRA funding, which will be discussed later during old business. On April 13, he attended a Baby Bear Hugs meeting in Yuma and commented that they had lost their $50,000 tobacco grant. He will ask Tonda Scott about it later. He also attended the Arriba town board meeting and they are concerned with the dust being created from College Street. They discussed some options; paving or using magnesium chloride, but they simply don’t have the money. During the District Two road tour, they discussed the bridge north of Arriba, so on the Fifteenth, Mr. Burgess took Land Use Administrator Ken Morrison to look at it. Although it is narrow and they discovered some cracking, for the most part it is still a fairly good bridge. In the evening, he received a phone call from Rob Raines regarding the fact that the Norris Corporation has now taken out the gates across the trail that Rob uses to reach his farm ground and replaced them with fence, even though they had said they would keep the gates open. Mr. Burgess, Mr. Lyons and Mr. Raines met to discuss it last evening.
Mr. Lyons reported that he also attended the department head meeting on the Seventh, and an RC&D meeting on April 9. On the Fourteenth he went on the road tour and on the Fifteenth he attended a Southeast Colorado Recycling meeting. They are still working on obtaining ownership of a building. Mr. Lyons said he’d called the Elbert County Surveyor to discuss Rob Raines’ issue, and he will be calling the Board at 1:00 p.m.
Ms. Devers had the Board review a letter from Sheriff Tom Nestor to an inmate in the Limon Correctional Facility, regarding an exemption from a fire ban for the purpose of a sweat lodge.
The Board then discussed the procedure for expenditure of $55,683 of ARRA funding to be received by the Colorado East Community Action Agency and distributed through the Community Services Block Grant program. Mr. Burgess felt that suggesting the money be spent on summer employment would be an option, as the total will have to be divided evenly between four counties so Lincoln County will only get around $15,000. Mr. Beedy said the Colorado East director was considering using the money for health purposes.
Ms. Devers said that they had received a high priority project questionnaire from Betsy Markey’s office, but she wasn’t sure if the commissioners even needed to fill it out. Mr. Beedy said that the state would submit one, but it wouldn’t hurt for the county to do it also.
The Board also filled out Senator Mark Udall’s Economic Concerns and Projects Survey, which requested the top five priorities the county would face involving federal funding for projects, programs or needs within the county. The Board chose to list bridge replacement funding, grants for renewable energy installation and financial assistance for companies looking at wind energy projects in Lincoln County, additional enhancement project funding for the Union Pacific Railroad roundhouse in Hugo, a regional learning center for northeast Colorado, and the removal of environmental hazard in Genoa, specifically the abandoned school building where asbestos was found as their top priorities.
The second part of the survey asked the county to identify changes in federal policy that they felt would benefit the community to promote economic recovery, create jobs and improve conditions for county residents. The Board agreed that they would encourage domestic oil and gas exploration and production and keep regulations at a reasonable level, reduce environmental review periods and requirements to lessen the amount of time and money wasted getting critical community infrastructure projects done, and keep restrictions such as the cow emissions tax and the carbon taxes low because farmers and ranchers will face bankruptcy and family farms and ranches will become a thing of the past if action is not taken in that manner.
Ms. Devers reported that Sheriff Nestor was having some electrical switches installed in the jail to replace malfunctioning push buttons.
At 11:00 a.m., Social Services Director Colette Barksdale met with the Board. Mimi Lyons was also present. Ms. Barksdale asked for an executive session, pursuant to C.R.S. 24-6-402 (3) (a) (III,) to discuss cases.
Mr. Beedy made a motion to go into executive session, per C.R.S. 24-6-402 (3) (a) (III), to discuss Social Services cases. Mr. Burgess seconded the motion, which carried unanimously. Those remaining for the session were Mr. Lyons, Mr. Burgess, Mr. Beedy, Ms. Barksdale and Ms. Lyons. The session was tape-recorded and the tape is on file in the County Clerk’s office.
After coming out of executive session, the Board finished filling out the economic concerns survey and then Ms. Devers reported that Bob Mailander with the Governor’s Energy Office stopped in to see her the day before because of the ARRA funding. He told her that the county could possibly get a portion of the nine million dollars in Energy Efficiency and Conservation Block grants if an application is submitted, but Ms. Devers told him that even a ten percent match at this point would be too much of a burden on the county.
Ms. Devers provided an e-mail sent from Gini Pingenot with CCI, requesting that the commissioners contact their senators to oppose SB09-085.
The Board reviewed a letter to Dorman Brothers, LLC in response to their request for a letter of approval from Lincoln County to locate an anhydrous ammonia site at Karval Fertilizer and asked that it be revised to reflect that a fence is required according to the original permit and that one must be constructed. Ms. Devers will revise the letter and have Mr. Lyons sign it when she gets it done.
Mr. Burgess commented that something must be done with the shingle pile in Genoa. Each time he contacts Mr. Stillmunkes, the man promises to do something, then never follows through. Mr. Burgess said he would speak to Stan Kimble about it later.
Other old business included RSVP Director Stacey Phythian’s request for part time help, but Mr. Burgess said that she has already used up twenty-three percent of her part-time line item. Mr. Beedy said he didn’t think they could allow her to hire anyone until 2010, since it was not in her 2009 budget.
In regard to new business, Mr. Burgess commented that the town of Arriba used eleven million gallons of water last year, which was the reason they want more storage. Ms. Devers said the State Land Board will give Lincoln County $10,000 again this year for noxious weed control.
When the meeting re-convened after lunch, Mr. Burgess asked Mr. Kimble to draft a letter concerning the shingle pile in Genoa.
At 1:00 p.m., Public Health Director Tonda Scott met with the Board to discuss the Dental Grant and purchases made with the funding from it. However, at that time, Elbert County Surveyor Garry Rohleder called the commissioners’ office to discuss Rob Raines’ property. Mr. Lyons explained to those present what had happened regarding the trail that Mr. Raines uses to reach his farm ground being fenced off by the Norris Corporation. Mr. Rohleder said his greatest concern with the survey done by Hi-Plains Surveying is that there are existing monument markers at the corners along the line in question, but it appeared they chose not to accept them for some reason. His problem was that it appeared they showed no control or compliance with state law, and in his opinion, Mr. Raines would have every right to file an injunction with the court. Mr. Rohleder went on to say that if there is some evidence and people can testify to the fact that the trail has been used in such a manner for years, then those facts would definitely help in court, as Hi-Plains Surveying would be held liable for their work.
Mr. Lyons wanted to know if all section lines would be affected if they were to learn that the county line wasn’t in the right place, but Mr. Rohleder said it is a correction line, so it would not matter. Mr. Lyons also asked how involved the county should get in the situation, and Mr. Rohleder felt that, although it was appropriate for Mr. Raines to bring it to the Board’s attention since it involves a county line, it would be best for him to file the injunction. He also suggested contacting the State Board of Registrations and lodging a complaint with them, as they oversee engineers and surveyors in the state and would look into it.
Mr. Lyons asked Mr. Rohleder what he would charge to survey the area, and was told that the field work alone would be about $1,500, which did not include issuing a survey.
When the conversation with Mr. Rohleder was over, the Board asked Ms. Scott to explain her purchases of approximately $4,000 using Dental Grant funds. Ms. Scott replied that she had basically updated the office by getting several storage cabinets and a new desk for her office, since a portion of the funding is to be used for administering the grant.
Mr. Beedy felt the amount was excessive in light of the fact that the entire grant was only $10,000, and Mr. Burgess put in that she should have had prior approval for such a large purchase. Mr. Lyons wanted to know how many children had been examined and if many others would be overlooked because of the purchase, but Ms. Scott assured them that the supplies were provided to them by the organization that gave them the grant, and that actually the physicians had seen more patients than their office had. The physicians can check teeth during other examinations and can apply fluoride treatments, as well. The grant gives them the supplies to do so. The Board asked Ms. Scott to make sure and bring purchases of $1,000 or more before the Board for approval before she orders.
Mr. Burgess asked about the Tobacco grant and whether or not there had been any word of losing funding, since Baby Bear Hugs had lost theirs. Ms. Scott said she had not heard anything so far, but they had not gone through the final analysis yet. She added that they had asked for about $1,000 less this year than last year.
Ms. Scott also informed the Board that the skunk found in Karval had tested positively for rabies, so she wanted them to be aware that there may be more cases reported.
At 1:40 p.m., Dean and Nova Waite met with the Board to review their performance evaluations. Mr. Burgess made a motion to go into executive session, pursuant to C.R.S. 24-6-402 (4) (f) (I), to discuss personnel issues. Mr. Beedy seconded the motion, which carried unanimously. Those remaining for the session were Mr. Lyons, Mr. Burgess, Mr. Beedy, Ms. Devers, Mr. Kimble and Dean and Nova Waite. The session was tape-recorded and is on file in the County Clerk’s vault.
After coming out of executive session, discussion continued regarding the Raines property. Mr. Kimble expressed that the Board needs to look at how the situation impacts the county, not its residents, and the only way the county should file an injunction would be if county trucks were being denied access onto a route that was needed for county business. Since it is not the case that irreparable injury has been caused to the county, Mr. Kimble advised they let Rob Raines file the injunction and contact the State Board of Registration. He added that they could certainly contact the Elbert County commissioners to let them know there may be a dispute regarding the county line, and Mr. Lyons asked Mr. Kimble to contact the Elbert County Attorney and inform him or her of the circumstances.
The only other item of business was the issue of Dean and Nova Waite’s step raises, and the Board determined that they would be re-addressed at the first meeting in August.
With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on April 29, 2009.
_____________________________________ ______________________________
Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman