Board of County Commissioners of Lincoln County

Agenda for April 29, 2009

9:00 Call to order and Pledge of Allegiance

1. Approve payroll and expense vouchers

2. Approve the minutes from the April 16, 2009 meeting

3. Cancel County General check #10979 written to Parmer’s Automotive Inc. on March 31, 2009 for $145.03 since the bill was paid twice

4. Review a letter from the High Plains and Prairie Conservation Districts concerning denial of their application for the High Plains Invasives grant

5. Review a letter from the State Historical Fund concerning approval of the plans for the roof on the U.P. roundhouse

6. Review the Lincoln County Tourism Board Bylaws, the criteria developed for requesting funding, and a funding request

7. Discuss a draft developed by the Department of Public Health and Environment for the job descriptions and minimum qualifications for the Public Health Director and the Medical Officer

8. Review letters from County Attorney Stan Kimble sent to Asphalt Specialties Company, Inc. and to the State of Colorado, Department of Law

9. County Commissioners’ reports

10. County Administrator’s report

11. Old business

12. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on April 28, 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 Mr. Burgess made a motion to approve the minutes from the meeting held on April 16, 2009, as submitted. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Beedy made a motion to cancel County General check #10979 in the amount of $145.03, written to Parmer’s Automotive, Inc. on March 31, 2009, since the bill was paid twice. Mr. Burgess seconded the motion, which carried unanimously.

A letter from the High Plains and Prairie Conservation Districts concerning denial of their application for the High Plains Invasive grant was reviewed, as well as a letter from the State Historical Fund concerning approval of the plans for the roof on the Union Pacific railroad roundhouse.

The Board reviewed the Lincoln County Tourism Board bylaws, the criteria developed for requesting funding, and a funding request, and Mr. Beedy made a motion to adopt a resolution approving the bylaws and funding request policy for the Lincoln County Tourism Board. 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 April 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 #719 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, on November 4, 2008 the electors of Lincoln County approved Referendum 1A, which imposed a 2% lodging tax to raise revenue to expend for tourism promotion, marketing and related activities in the county; and

WHEREAS, on February 5, 2009, the Board of County Commissioners of Lincoln County appointed members to the Lincoln County Tourism Board; and

WHEREAS, the Tourism Board was directed to develop and propose by-laws, to set the term of office for each member so as to stagger County appointments every year, to elect officers, and to develop plans for the proposed accounting and spending of tax funds received and for advertising and marketing tourism for the benefit of the unincorporated areas and the municipalities in Lincoln County; and

WHEREAS, the Lincoln County Tourism Board has developed by-laws, which include the terms of office and the election of officers, and developed plans for the expenditure of lodging tax revenue and for advertising and marketing tourism in Lincoln County;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the attached Lincoln County Tourism Board Bylaws and the funding request plans are hereby approved as required by Resolution #713 adopted on February 5, 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

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ATTEST: _______________________________________

_________________________________ _______________________________________

Clerk of the Board

The Board discussed a draft developed by the Department of Public Health and Environment for the job descriptions and minimum qualifications for the Public Health Director and the Medical Officer. Ms. Devers commented that they would need to ask for a waiver from the specified requirements, as they are stating that the Public Health Director should either have a Master’s degree or a certain number of years’ worth of experience as a director. Mr. Beedy felt that they would need to explain the county’s position regarding regionalization; the fact that they are against it when it comes to rural areas losing services due to the fact that there is such a large area for one director to cover. He also believes that there is a possibility that counties could lose what they do have for directors if current directors don’t want to obtain their Master’s degree, or if the county could not afford to pay the obvious increase in salary to the employee for acquiring such a degree. Ms. Devers will draft a letter for the Board to sign at tomorrow's meeting.

The Board reviewed letters that County Attorney Stan Kimble sent to Asphalt Specialties Company, Inc. regarding the commissioners’ displeasure with the offload project at Genoa, and another to the State of Colorado, Department of Law, concerning prorated property taxes for the current taxable year on a Summons in Condemnation action filed between CDOT and E.R. and Julie Dill.

Mr. Beedy reported that he attended CCI on April 17 and that the Rocky Mountain Rail Authority meeting was cancelled. On the Twentieth, he attended the Economic Development Board meeting, and on the Twenty-first he attended the Retac meeting in Burlington. He mentioned that the legislation to increase the fee on motor vehicle registrations by one dollar was passed, with the proceeds going to Retac. On April 23, Mr. Beedy attended the Colorado East Community Action meeting where they discussed economic stimulus monies. One of the goals of the organization is to help get people out of poverty. On April 24, Mr. Beedy attended the Rocky Mountain Rail Authority technical workshop and mentioned that they discussed alternatives. He added that they are not planning on using existing freight lines. On the Twenty-seventh, Mr. Beedy and Mr. Lyons traveled to Brush, where they attended a coordination workshop hosted by Morgan County. It related to how to force governments to review economic impacts prior to implementing certain programs.

Mr. Burgess reported that he was contacted by the parties interested in putting in the racetrack at Genoa, so he met with them on April 21. They were concerned with the letter sent to them by Land Use Administrator Ken Morrison regarding their request for living quarters and having to meet subdivision regulations. Since they are not selling lots, but leasing, they felt that the requirements did not apply. Mr. Burgess felt they should come back to meet with the Board again, and Ms. Devers wondered if they should meet with the Land Use Board rather than the commissioners. All agreed that they were either passed, or close to, the eighteen month deadline given to them. Ms. Devers will ask Mr. Morrison to review the file. On April 22 and 23, Mr. Burgess attended the Child Welfare Action Committee meetings in Denver, and on the Twenty-fourth he traveled to the capital. On April 27, he spoke with Dave Stone regarding a possible emergency route through Limon in case a train is stopped on the railroad tracks, as it has been a concern that emergency vehicles would not be able to go from one side of town to the other in that instance. There is a possibility that a route has been determined, but Elbert County officials will need to be contacted, as part of the designated land would be in their county. Mr. Burgess also attended Morgan Community College graduations, as well as a Colorado Small Business Development meeting that same day. On the Twenty-eighth, he went to Wagner Equipment for parts for all three road districts. Earlier this morning, he spoke with District Two road foreman Roger Noakes.

Mr. Lyons reported that after the meeting on April 16, he stopped at the abstract office to speak with Penny Wilkins about the Rob Raines/Norris property. She did find where the property was set apart from Elbert County in 1877 and there were designated open section lines. Since Norris had completely fenced the property, Mr. Lyons met Chris Monks at the site on April 20 and they measured thirty feet west from the GPS survey line, cut the fence and laid it on the Norris property. They also did the same thing at the other end. Later that week, Rob Raines called him and told Mr. Lyons that Norris’ had put gates back up, although they did not have steel posts. Mr. Lyons also attended the hospital board meeting that same night. On the Twenty-seventh, he went to Brush with Mr. Beedy. Yesterday, since Mr. Kimble had requested they visit the Raines/Norris property so that he knew what was being discussed, Mr. Lyons took him out to look at it. Mr. Kimble will write a letter to the Norris Corporation explaining that they will need to stay thirty feet off of the section line.

Mr. Burgess brought up the fact that he’d seen an article in the newspaper regarding the discovery that Four Corners is actually about fifteen hundred feet off the mark when a new survey was done, and that his reason for bringing that up was that they determined that technology developed in this day and age cannot be used to change what was done a hundred years ago. He felt that same principal applied to the Raines/Norris situation. Mr. Beedy said that he’d spoken with Elbert County Commissioner Hope Goetz, who believes the dispute is a private property dispute and didn’t think Elbert County would be willing to get involved or change the county line. Mr. Lyons asked what they would use for a boundary line if they were to put in a county road, and Mr. Beedy said they would most certainly go by the historical markers. Ms. Devers suggested writing a letter to High Plains Surveying and asking them why they had not used the historical markers when they completed their survey in the first place. Mr. Beedy asked if Mr. Raines had filed anything with the courts, and Mr. Lyons said he’d asked him not to file an adverse possession claim until they determined where the county line is.

George Tinker, Loss Prevention Specialist with CTSI met with the Board to give an update on the Colorado Counties Casualty and Property Pool and the County Workers' Compensation Pool. Mr. Burgess wanted to know if, like most insurance companies, claims would cause rates to increase, but Mr. Tinker said the pools don't work that way. He also encouraged the county to report for record, as it helps them track various claims. Mr. Tinker was impressed that in five years, Lincoln County only had twenty-two claims and felt that there were no existing trends that would need to be addressed with classes or trainings for the employees. Overall, the county has an exceptionally good record.

Ms. Devers reported that she attended several CDOT meetings concerning the roundhouse and the stimulus funding. The first was to allow local agency contacts to meet CDOT personnel and for them to explain the process to get projects under contract, out to bid, and constructed. Those present were informed that Colorado has been picked as an audit state, so everything will be checked and rechecked. The contract will have to be accepted as is, or the funding for the local project will be lost. The second meeting was training on certifying payroll, although Ms. Devers said she didn't realize something could be so complicated or take so many forms to get accomplished. On May 11, they will have their field inspection review (FIR) at the CDOT office in Aurora from 9:30 to 11:30, and Ms. Devers said board members were welcome to attend if they chose to.

Ms. Devers also reported that she'd spoken with H. J. Greenwood with the Northeastern Colorado Association of Local Governments about the Weatherization Program and getting some local contractors to be in a position to do the work. He is not contracting out work at this time. There will be additional funds available starting July 1, 2009, but Weld County gets most of it because of their population. There will be information available at some point to advertise the program locally.

Bill Snowden with CDOT called and asked if the county wanted them to proceed on the request for the 2003 Model Traffic Code, or if they wanted to wait to adopt it once the 2009 version that would incorporate changes from the 2009 legislative session is completed. The resolution can be amended later to add those changes. Ms. Devers discussed it with Mr. Kimble and Sheriff Nestor, and they all agreed that CDOT should start on the request now. The Board agreed.

Ms. Devers said she'd called Paula Lamphier at the Limon Workforce Center to ask about ARRA funding that is being allocated for summer jobs for youth. Ms. Lamphier needs to obtain more information, but did say that she will probably be allocated funds for only three youth, meaning someone from the ages of fourteen-to-twenty-four. They also have to be low income (200% of poverty) and cannot be hired to replace someone. She will get back to Ms. Devers when she has more specifics.

Sheriff Nestor, Court Clerk Kim Graham, and Ms. Devers met yesterday to discuss things Mike Carlson with All Access asked them to put in place for the keyless entry system at the courthouse. Based on what he suggested, each employee will have two cards; one a photo ID and the other the key card, which will have “staff” printed on it. The sheriff's office will develop procedures for alarm response, access points, arming the alarms and adding and deleting cards to the system. This will then be presented to the Security Committee. Ms. Devers said they also agreed that all employees should sign a statement that they’ve read and understood the plan and will abide by it and, if they don’t, both their keys and their key card will be taken from them.

Ms. Devers attended meetings on Monday and Tuesday concerning the swine flu, along with people from the hospital, Plains Medical Center, and Land Use Administrator Ken Morrison.

Ms. Devers' last item to report was that CTSI stress management classes are scheduled for May 4, at 10:00 a.m. and 1:30 p.m., if the Board would like to participate in one of them.

When Mr. Lyons called for old business, Mr. Burgess stated that he did not see how purchasing fuel storage tanks the way Mr. Beedy had proposed would be any cheaper than if they did it the way he had proposed and, after some disagreement, the subject was dropped for the time being. Mr. Burgess also said that he'd heard more rumors about the county going to one road supervisor over all of the road crews and commented that it would not happen.

Since there was no new business, the Board approved the payroll and expense vouchers for the month of April and then, County Treasurer Jim Covington updated the Board on the computer conversion and other issues concerning his office.

The Board also reviewed the janitor's job description, the cleaning requests submitted by the various departments, and comments from the janitors concerning their recent evaluation and then, with no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on April 30, 2009.

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