The Board of Lincoln County Commissioners met at 9:00 a

Board of County Commissioners of Lincoln County

Agenda for May 19, 2009

9:00 Call to order and Pledge of Allegiance

10:00 The Commissioners will make an appointment for County Assessor, effective January 1, 2010, to fill the vacancy created by Estelle Thaller’s retirement.

11:00 Bill Noyce with Walnut Street Securities to discuss the investment of the county retirement funds

1:00 Gary Stillmunkes with Asphalt Specialties to discuss the company’s facility at Genoa

1. Approve the minutes from the May 6 and 8, 2009 meetings

2. Review the April reports from the Assessor, Clerk and Treasurer

3. Review the April reports of revenues and expenditures for County General, Capital Projects, Conservation, Trust, E911, Landfill, Library, Public Health, Road & Bridge and the individual road districts

4. Review a letter from Governor Bill Ritter concerning the Board’s letter on the oil and gas rules adopted by the Colorado Oil and Gas Conservation Commission

5. Review the results from the free day at the county landfill

6. Review further information received concerning the State Board of Health’s proposed Public Health Directors minimum qualification rule

7. Review a notice from CCI concerning appointments to the Business Personal Property Tax Task Force created as a result of SB09-85

8. Complete a survey from CCI concerning donating to the Junior Livestock Sale at the State Fair

9. Discuss attendance at the Governors Energy Office meeting involving uses for ARRA (stimulus) funds that will be held May 21, 2009 in Brush

10. County Commissioners’ reports

11. County Administrator’s report

12. County Attorney’s report

13. Old business

14. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on May 19, 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 and Kay Christie with The Limon Leader and the Eastern Colorado Plainsman attended in the afternoon.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Ms. Lengel said she wanted to discuss the painting job in her office, as the painter had painted the wrong color on two of the walls, and she had not had an easy time of communicating with him in the past several days. Ms. Lengel explained that she had written the color name and number down for both S & H Decorating and for Mr. Amann, but apparently he did not keep the piece of paper she’d written it on or ask for those specifications at S & H when he picked up the samples to take them to Hoffman Drug. Ms. Lengel also commented that he had been extremely rude and demanding to her and her staff.

Since Mr. Amann was still painting the office, the Board asked that he come in and meet with them briefly. The color he painted was a different shade of green than what was originally chosen by the clerk’s office, so Mr. Burgess asked Gene if he thought one coat of paint would cover, but Gene said he wouldn’t know until he did it. Mr. Lyons asked if it would be okay for Gene to supply the labor if the county bought the paint, but he said no, he would charge for the labor. Mr. Lyons asked him to re-measure the walls and let them know how much it would cost to re-do it. Mr. Beedy asked Gene if he hadn’t had a sheet of paper with the color names on it to verify them when he picked up the samples, but Gene said he did not have one. Mr. Lyons commented that it was a lesson to be learned, as it was likely that other offices in the courthouse would need to be painted, as well, and it would be good for the painter and office personnel to confirm colors before the project begins.

Mr. Burgess made a motion to approve the minutes from the meetings held on May 6, 2009 and May 8, 2009, as submitted. Mr. Beedy seconded the motion, which carried unanimously.

April reports from the Assessor, Clerk and Treasurer, as well as the April reports of revenues and expenditures for the County General, Capital Projects, Conservation Trust, E911, Landfill, Library, Public Health, and the Road & Bridge funds were reviewed, along with the reports from the individual road districts.

At 10:00 a.m., County Assessor Estelle Thaller and her office staff, as well as Republican Party Chairman Janell Reid, met with the Board for the appointment of Lincoln County Assessor upon the retirement of Ms. Thaller. Ms. Reid submitted a letter from the Republican Vacancy Committee recommending Jeremiah Higgins be appointed for the position for a period of one year. Ms. Thaller also submitted letters from members of her staff supporting the appointment of Mr. Higgins.

Mr. Burgess made a motion to adopt a resolution appointing Jeremiah Higgins as the Lincoln County Assessor, effective January 1, 2010, to fill the vacancy created by Estelle Thaller’s retirement. 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 May 19, 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 #722 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

WHEREAS, pursuant to C.R.S. 30-10-105 (1) (b) every county office shall become vacant before the expiration of the term of office upon the resignation of the incumbent; and

WHEREAS, Lincoln County Assessor Estelle Thaller has given notice that she will retire and leave office on December 31, 2009; and

WHEREAS, pursuant to C.R.S. 30-11-117 in case a vacancy occurs in any county office by reason of resignation, the Board of County Commissioners of such county has the power to fill such vacancy by appointment, subject to Section 9 of Article XIV of the State Constitution until an election can be held as provided by law; and

WHEREAS, the Board of County Commissioners of Lincoln County allowed interested parties to come forward and seek appointment as the Lincoln County Assessor, with Jeremiah Higgins being the only individual who did so;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that Jeremiah Higgins shall be appointed as the Lincoln County Assessor effective January 1, 2010, with his term of office continuing until the General Election in 2010 and the swearing in on the second Tuesday of January 2011 of the candidate for Lincoln County Assessor selected by the voters of Lincoln County for the next term of office.

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

While he was thinking of it, Mr. Burgess asked Ms. Devers if the county had ever received the grant funds for the new loader and Ms. Devers said there was still a bit of paperwork to finish up. Mr. Burgess said they would need to decide how the funds would be divided up once they were received.

A letter from Governor Bill Ritter concerning the Board’s letter on the oil and gas rules adopted by the Colorado Oil and Gas Conservation Commission was reviewed, and Mr. Lyons commented that he’d received a phone call from Kerry Halde regarding the difficulties Wiepking-Fullerton is having obtaining permits when they want to move their drilling rig approximately a quarter of a mile to another location for offset drilling. Apparently, the new oil and gas regulations have made it harder to acquire expedited permits, and Mr. Halde told Mr. Lyons that it is taking anywhere from eighty to ninety days, when it used to be fairly simple. Mr. Lyons said he’d told Mr. Halde that they would call him today and see if there wasn’t something they could do to help.

After reviewing the results from the free day at the county landfill, the Board reviewed further information received concerning the State Board of Health’s proposed Public Health Directors minimum qualification rule, and since they will be unable to attend the meeting, chose to send a letter supporting the revisions made to the qualifications.

A notice from CCI concerning appointments to the Business Personal Property Tax Task Force created as a result of SB09-85 was reviewed, and then the Board completed a survey from CCI concerning donating to the Junior Livestock Sale at the State Fair, which the Board supported.

There will be a meeting at the Governors Energy Office involving uses for ARRA (stimulus) funds that will be held on May 21, 2009, in Brush; however, none of the commissioners planned to attend.

Mr. Beedy reported that he attended the Northeast All Hazards steering and general committee meetings on May 7, where they discussed changes to the bylaws and reviewed grant information. On May 11, he attended the Economic Development board meeting and said they would most likely wait until June 1 to make a decision about whether or not to retain the director position. He added that the county may still have to contribute some funding, however. Later, he attended the Colorado East Community Action special board meeting to discuss what projects could be done that actually qualify for stimulus funding. They will try to put something together. On May 14, Mr. Beedy attended the LINCing Dads and Early Childhood Council meetings. He also met with Limon School administrative staff to see if they would support the implementation of programmable babies into some of their high school classes. On May 15, he attended the State Transportation Advisory Committee meeting.

Mr. Burgess reported he attended a Baby Bear Hugs meeting on May 7, where the reverse raffle was discussed, as they have not yet received the license from the state. On May 11, he attended another Baby Bear Hugs meeting in Yuma, and on the Twelfth, he attended the fair board meeting to discuss the guardrail at the fairgrounds. On May 13, Mr. Burgess attended the Child Protection Team meeting and that afternoon met with Social Services Director Colette Barksdale and members of the Centennial Mental Health staff, where Ms. Barksdale voiced some concerns. On the Fourteenth, Mr. Burgess attended the Centennial Mental Health meeting in Burlington, where he brought up those same concerns, and on the Sixteenth, he attended the 100^th anniversary celebration and EMT appreciation in Hugo. On May 18, he toured roads with Roger Noakes.

Mr. Lyons reported that he received a phone call from Dusty Wells with T-Cross Ranches, wanting to get Hedlund Abstract involved in the property line dispute with Rob Raines. Mr. Lyons ended up telling Mr. Wells that T-Cross would need to heed the letter that was sent to them and keep any fences thirty feet back from the existing trail. Mr. Lyons said he spoke with Penny Wilkins earlier this morning, and she told him that Mr. Wells had called her wanting to know what the county was doing about the situation. On May 12, Mr. Lyons attended the fair board meeting, and he received the phone call from Kerry Halde on May 13. He also received word that there is apparently a problem with the breakers blowing in the Ellis Allen building, and asked if Conservation Trust funds could be used to fix them, which they can. He also received a call from Shaun Deeney with the Colorado Division of Wildlife regarding the county getting block-cleared for the black-footed ferret. Mr. Deeney told Mr. Lyons that he is optimistic that it will be good news.

Ms. Devers reported that the first quarter tourism tax collection was $10,830.21, and since the cost of the 2008 election was $691.17, it will leave $10,139.04 for expenditure.

She attended the field inspection review meeting concerning the roundhouse on May 11, and things are proceeding, with the estimate being to go out to bid mid-July, bid opening the first part of August, and construction starting in September. A question arose about the buried tank and she told those present that she thought the commissioners’ preference would be to fill the tank with sand, rather than remove it. Mr. Burgess suggested flow fill, which is a mixture of water, sand and concrete to keep it from collapsing. Ms. Devers said she may attend another meeting on May 26, concerning detecting construction fraud.

Due to what happened with a past employee’s retirement benefit, Ms. Devers said she now sends eligible employees a Beneficiary Designation form, as well as the Summary Plan Description and an acknowledgement form that they have received all the paperwork. She said she would appreciate the Board’s support in seeing that employees return both forms.

Ms. Devers’ last item was a reminder that Travis Nall is due a step raise. She normally compiles all of the reviews into one, but did not have time to do so, so the Board began reviewing the evaluations from each department. However; at that time, Bill Noyce with Walnut Street Securities arrived to discuss the investment future of the county retirement funds.

Mr. Burgess explained that he felt the county should take a more conservative approach to the investments, at least until the economy starts to turn around again, such as moving more into money markets. Mr. Noyce cautioned that it would not coincide with being a prudent-man investor if they were to do so, because the liability to the county becomes too great of a risk. There needs to be a fine balance of diversity and Mr. Noyce said they need to continue to maintain that. He suggested three options: either continue to hold and leave the investments as they are; turn everything completely to cash, or change account managers. He believes that Curian and Net Davis would be the best option if the county is interested in changing managers. Net Davis doesn’t handle the investments, but they watch the market and make daily recommendations for change.

Mr. Burgess asked if there were load charges involved with changing managers, and Mr. Noyce responded that the advisor fees and other fees involved with setting up with Curian would probably be no different than what the county pays now. He assured the Board that he has the county’s best interests at heart and if he sees a situation that is a better fit for the county, he will recommend it. At this stage, he believes switching to Curian would be the prudent choice. He went on to say that Walnut Street Securities would still be the county’s broker, but that there would be a third party manager. Mr. Burgess wanted to know if he would suggest moving all of the money and Mr. Noyce said it didn’t really matter, although he really likes what Curian is doing right now. Mr. Burgess asked if the number of funds would remain the same, but Mr. Noyce said they would not, as it would be a special account set up around how the county wanted their money invested, and their time horizon and risk parameters would be taken into consideration. Curian will invest in individual stocks, bonds and money markets using what Mr. Noyce referred to as their tactical strategy on a daily basis, and Net Davis will oversee everything.

The Board asked Mr. Noyce to join them for lunch and asked if he could come back afterward to discuss the situation further.

At 1:00 p.m., Gary Stillmunkes with Asphalt Specialties met with the Board to discuss the company’s facility at Genoa. He explained that the project had not gone as planned, and that they are in the process of suspending operations with both TAMPCO and the Kyle Railroad for the remainder of the year. He guaranteed that the area would be cleaned up no later than the end of July. If they could put up a ten foot high, secure fence to enclose the shingles, then they would not have to remove them from the pallets, which is a large portion of the problem, as when they are removed, they tend to break apart. Asphalt Specialties will try to re-enter negotiations with Kyle and TAMPCO, and Mr. Stillmunkes assured the Board that if they reach another agreement of any kind, he will meet with the commissioners again before doing anything. He went on to say that the letters were going out today to suspend operations, and they currently have ten-to-twelve trucks removing approximately four hundred tons from the site daily.

Mr. Burgess agreed that leaving the shingles on the pallets would be the most beneficial, and Mr. Stillmunkes said that if the funding would have been there for the enclosed fence, it would have been done a year ago. He added that they would probably crush the pallets and haul them to the landfill, but they will continue to take the shingles to their asphalt plant in Denver and will crush them there.

Mr. Lyons’ final word was that he would not vote to have the company return to the county unless the shingles remain on the pallets once they are unloaded from the rail cars and there is a containment fence around them, and Mr. Stillmunkes said he understood.

Mr. Lyons placed a phone call to Kerry Halde to discuss the problems they are having obtaining expedited permits for offset drilling and it was determined that the commissioners would place a phone call to David Dillon with the Oil and Gas Commission. Mr. Lyons asked Mr. Halde if the rig would have to leave the area if they couldn’t get the permit, and was told that if they get another job, they will not be able to wait eighty-five days for a permit and will most likely pull out.

Discussion then resumed with Bill Noyce about the county’s retirement investments and Mr. Noyce said he would do more research on the matter since this would be the first pension plan he would be changing over. He recommended sixty percent stocks and forty percent fixed assets and advised that the transfer to a new manager would require electronic signatures and a completed trustee form.

Once Mr. Noyce had gone, Ms. Devers said that the CAPP pool is now requiring that every county-owned vehicle have a value placed on it, so the Board reviewed the listing until Mr. Burgess said he would take it home and work on it.

Mr. Kimble reported that he’d sent the letter to High Plains Survey and Keith Westfall would like to meet with the Board on May 29. He also would like to speak with the Elbert County Surveyor, so Mr. Kimble said he hoped Mr. Westfall could get that done before next week.

Mr. Kimble and Wayne Shade had put together a Noxious Weed Management Enforcement Policy Notice to Control Identified Noxious Weeds and Order to Bring Property into Compliance, so Wayne came down to discuss it with the commissioners. Mr. Beedy felt if they sent the document to Linneburs, they had better be prepared to take the matter to court, as it gave them ten days to comply. He said he personally wasn’t quite ready to take that step as there are other landowners in the northern portion of the county with noxious weed problems, as well as the Linneburs. He added that the county couldn’t afford a court battle, nor could they afford the chemical it would take to control the large amount of Linnebur acreage infested with noxious weeds. He added that it would be better to start with a small portion of Linneburs property; one that was at least manageable, or begin informing the other landowners that they would also need to control the noxious weeds on their property.

Ms. Devers felt they should send the “soft” letter that originally went to the Linneburs to those other landowners, and Mr. Kimble suggested that if they didn’t want to take that approach, they could recommend chemical control to the Linneburs, since the Soil Conservation office told them that frequent tilling was not an acceptable farming practice.

Mr. Beedy thought it would be best to have Mr. Linnebur meet with them one more time to see if they could devise a written plan that would be suitable for everyone, so Mr. Kimble will send a letter requesting that Joe Linnebur meet with the commissioners on May 29 to discuss spraying chemicals to control the noxious weeds around his residence and improvements, in the drainage areas, and along the fence lines (buffer zones) and county roads, in order to reduce the spread of those weeds to neighboring properties.

Since Mr. Kimble had nothing else to report, Mr. Lyons called for old business. Mr. Burgess said he would suggest ordering six-to-eight hundred feet of guardrail to put at the fairgrounds, and that the money be taken from Conservation Trust funds. Mr. Burgess said they could go out to the fairgrounds and show Mr. Beedy what area they have in mind after the meeting.

Mr. Burgess had received a phone call from Randy Trainer asking that the county not put in another driveway into the courthouse that would go directly passed his property, and Mr. Burgess said he was inclined to agree and felt that topic should be tabled indefinitely.

Mr. Burgess also said that Dean and Nova Waite were testing a new vacuum cleaner and would also obtain bids for other brands, if need be. Ms. Devers said she thought going with the same brand would be a good idea, since the company will provide a loaner if something needs to be done with the other one, and the attachments that the county already owns would fit the new unit. The cost of the new vacuum would be around $500, and no one had a problem with the cost.

Roger Noakes had been contacted regarding the fact that CDOT is planning on tearing out a portion of concrete by the port of entry in Limon, and wanted to know if the county would be interested in it. Mr. Burgess said that they don’t need more rip-rap in District Two, and Mr. Beedy felt it should be taken to the landfill.

The Board placed a phone call to Dave Dillon with the Oil and Gas Commission, but had to leave a message, as he was unavailable.

Gene Amann returned to the meeting to inform the commissioners that he would charge $299.20 for the labor to repaint the portion of the Clerk’s office that he painted the wrong color, but that it would be done on his schedule. Mr. Lyons asked how much the paint would cost if Gene purchased it, and was told about $40, as he would get two gallons, just in case he needed to apply two coats. Ms. Lengel wrote down the color name (Cool Oasis) and number (3623) for Mr. Amann so that the error could be avoided a second time, and said it would be no problem if he painted those two walls when he came back on June 12 to paint the large, east wall.

Mr. Burgess made a motion to pay approximately $350 to Gene Amann to repaint two walls in the Clerk’s office on June 12, 2009, in the correct color. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Beedy made a motion to sign the Memorandum of Understanding between the Lincoln County Fair Board and the County Extension Office. Mr. Burgess seconded the motion, which carried unanimously.

After further discussion, the Board agreed that Travis Nall should be given his step raise, and all commented that he is doing an excellent job, and with no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on May 28, 2009.

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