Board of County Commissioners of Lincoln County

Agenda for May 28, 2009

9:00 Call to order and Pledge of Allegiance

9:05 Assessor Estelle Thaller and appraiser Jeremiah Higgins to discuss job descriptions for the Assessor’s Office

10:30 County Extension Agent Linda Yoder and Regional Director Joel Plath to discuss filling the vacancy created by Ms. Yoder’s retirement

11:30 Public Health Director Tonda Scott to present for signature the 2010 contract and scope of work for her office and to update the Board on other activities

1. Approve payroll and expense vouchers

2. Approve the minutes from the May 19, 2009 meeting

3. Review a Department of Revenue Notice of Levy of Administrative Penalty form concerning assessment of a penalty for non-payment of specific ownership tax on special mobile machinery and discuss implementing the levy in Lincoln County

4. Review and sign the 2009-2010 Victim Assistance and Law Enforcement (VALE) grant award contract

5. Review the letter sent by County Attorney Stan Kimble to Joe Linnebur, etal. concerning a weed management plan and meeting with the Board on May 29, 2009 to discuss this issue

6. Review a letter from the Colorado Department of Human Services to the East Central Council of Local Governments acknowledging their declining American Recovery and Reinvestment Act funding in the amount of $16,939

7. County Commissioners’ reports

8. County Administrator’s report

9. Old business

10. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on May 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. Kay Christie with The Limon Leader and Eastern Colorado Plainsman attended from 10:30 a.m. until noon.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then janitors Dean and Nova Waite met briefly with the Board to discuss the purchase of a new vacuum cleaner.

Mr. Burgess made a motion to purchase a Windsor sensor vacuum cleaner from Five Star Sanitary Products for $589.00, since the county already has the attachments and Five Star will lend a replacement to the county while they are fixing the new one, should something happen to it. Mr. Beedy seconded the motion, which carried unanimously. Mrs. Waite said that the new unit would need to be serviced every few months, and Mr. Burgess suggested setting up a semi-annual maintenance schedule.

Mrs. Waite also commented that, due to the fact that some of the offices wanted their doorknobs disinfected on a daily basis, they would probably go through more of the disinfectant wipes and since they aren’t cheap, it would be reflected in their budget.

County Assessor Estelle Thaller and appraiser Jeremiah Higgins met with the Board to discuss job descriptions within the Assessor’s office. They explained that they had re-written the job descriptions since they had last been done in 1993, and several changes have been made in appraisal requirements. Both agreed that they would like to see the Chief Deputy have some appraiser experience, as well. Jeremiah said he would like to hire one person to start August 1, and the other to begin October 1. Mr. Burgess wanted to know if the second one could be delayed until closer to the end of the year to alleviate some budgetary constraint, but Jeremiah said with the new computer system coming in at the beginning of next year, he really felt they couldn’t wait. The commissioners asked for more time to look over the information that they had been presented with, so Ms. Thaller and Mr. Higgins will return on June 8.

Land Use Administrator Ken Morrison came by to ask that a check be cancelled since the company is claiming they never received payment.

Mr. Beedy made a motion to cancel Road & Bridge check #11061, written to the Division of Reclamation Mining and Safety on March 31, 2009, in the amount of $646.00, as payment was never received. Mr. Burgess seconded the motion, which carried unanimously.

Since Mr. Morrison was there, Mr. Burgess said that the slopes aren’t right at the Smith Ranch gravel pit, so he asked Ms. Devers to have the road foremen come in sometime in June. Mr. Morrison commented that Chris Monks knows how to run slopes, but he wasn’t sure about the other two foremen. He added that they would do some technical revision and hope that they did not have to import dirt to close the pit.

Mr. Burgess brought up a bit of old business; the painting job in the Clerk’s office. He said Ms. Lengel had showed him the areas around the doorjambs that had paint all over them, as well as the mess left in the driver examiner’s sink and the paint that had tried to be wiped off of several areas of wood—such as the swinging gate into the office and the oak piece along the front counter. He had also noticed the fact that areas on the north wall looked dry, where nail holes had been patched, like it should have had another coat of paint on it. Due to the poor quality of the workmanship, he felt they should ask Travis Nall to re-paint the two walls that were painted the wrong color. If Gene has already purchased the paint, he will be reimbursed.

After further discussion, the Board determined that if Travis could paint the east wall as well, they would send Gene Amann a letter letting him know they would not need him to finish the job. Mr. Burgess also did not have a problem authorizing overtime for Travis, should he need to come in on a weekend.

Mr. Burgess made a motion to approve the minutes from the May 19, 2009 meeting, as submitted. Mr. Beedy seconded the motion, which carried unanimously.

The Board reviewed a Department of Revenue Notice of Levy of Administrative Penalty form, concerning assessment of a penalty for non-payment of specific ownership tax on special mobile machinery. Ms. Lengel explained that Barbara Howell at the Port of Entry notified her of the issue last week. Ms. Howell explained that the port would begin filling out the form and it was up to the county to decide how and when they wanted to implement the penalty. The county will retain all funds of either a $500 penalty, or twice the amount of the specific ownership tax due, whichever is greater, and Ms. Lengel told her she’d received several e-mails stating that counties were either implementing a flat $500 penalty or weren’t collecting it at all. Ms. Howell told her that it was strictly up to the county, but after further research, Ms. Lengel said that Mesa County started levying the penalty a year ago and since it is state law; C.R.S. 42-3-107 (17) (e) (II), they apply it just as it is written.

Mr. Burgess asked Ms. Lengel what she felt would be the best option, but she responded that since it is in statute, it should be implemented exactly that way.

Mr. Burgess made a motion to have the county begin collecting an administrative penalty of either $500, or twice the amount of specific ownership tax due, on special mobile machinery when there is no evidence that the specific ownership tax imposed pursuant to Article 3 of Title 42, Colorado Revised Statutes, has been paid, effective June 1, 2009. The penalty is levied pursuant to C.R.S. 42-3-107 (17) (e) (II). Mr. Beedy seconded the motion, which carried unanimously.

The Board reviewed the 2009-2010 Victim Assistance and Law Enforcement (VALE) grant award contract in the amount of $50,541.00, and Mr. Burgess made a motion to sign the contract. Mr. Beedy seconded the motion, which carried unanimously.

Also reviewed was a letter sent by County Attorney Stan Kimble to Joe Linnebur, and others of his family, concerning a weed management plan and meeting with them on May 29, 2009, to discuss the issue, and a follow-up to the responses he’d received from Sammie Molinaro with the National Resources Conservation Service in Byers and Alicha Stroud with the High Plains Soil Conservation District.

A letter from the Colorado Department of Human Services to the East Central Council of Local Governments acknowledging their declining American Recovery and Reinvestment Act funding in the amount of $16,939 was reviewed, and Mr. Burgess said he would like to call Jo Downey, as he thought that something else had happened after the letter was mailed. Ms. Downey confirmed that they were reconsidering the use of the funds.

Mr. Beedy had nothing to report, and Mr. Burgess said he’d spent some time on determining the values of the county vehicles, although he commented he might have valued some of them too high. On May 27, he attended the Child Welfare Committee meeting in Denver and said that each commissioner would be receiving a survey that they would need to complete. He also received an e-mail regarding SB173 and had Ms. Devers print it off earlier this morning. Apparently, Kevin Rogers with the Genoa Motorsports complex seemed to be insinuating that the county could apply for funding to help with the project. Mr. Burgess commented that he didn’t feel the county would be using any tax dollars to help them build their racetrack.

Mr. Lyons said he’d called David Dillon with the Colorado Oil and Gas Commission about expediting offset drilling permits. Mr. Dillon said he would see what he could do, and when Mr. Lyons called Kerry Halde back, Kerry told him things were going well.

Mr. Lyons had also been approached by Jim Thelen during the centennial celebration in Hugo, asking why the oil company had removed the cattle guard at Keith Thelen’s place. He then spoke with Keith Thelen on May 27, who told him that he’d been told by someone with Running Fox Ranches that “a Lincoln County resident” told them the thirty foot cattle guard didn’t need to be there so they pulled it. Apparently, Keith owns the land on either side of the cattle guard, and it was Mr. Lyons’ opinion that he had every right to have one there. Keith said he would check with whoever removed it and see if he could buy it, but he was concerned that the county might have to upgrade the road. Mr. Lyons said that was not the case.

Ms. Devers reported that a company called SEH will be out to do the bridge inspections sometime next week. Also, she’d been contacted by the State Historical Fund regarding an amendment to the roundhouse contract that would extend it to May 31, 2010. Since the amendment was due back by May 27, Ms. Devers had to print it off her e-mail, sign it and return it by overnight mail, and she wanted the Board to know she had done so.

There was no old or new business at the time, and then at 10:30 a.m., County Extension Agent Linda Yoder and Regional Director Joel Plath met with the Board to discuss filling the vacancy created by Ms. Yoder’s retirement. Marvin and Estelle Thaller, Travis Taylor and LaRay Patton were also present for the discussion.

Mr. Plath explained that he is very interested in filling Ms. Yoder’s position again, and she wanted it to be known that she would not leave until after the 2009 4-H program was completed much later in the year. Mr. Plath said that the biggest concern right now is what responsibilities the new agent will have and how to better structure the position to best benefit everyone concerned. He felt that the new agent should have the greatest emphasis on 4-H qualifications, or Family Consumer Science. Since they are adamant about a 4-H program in every county with an extension office, the problem is how they will fund them across the state, as they will experience another five percent budget cut on July 1, which means about five agents. He said the good news is that there are more vacancies than agents right now, so it will be difficult to decide which position does not get filled.

Mr. Plath went on to say that CSU generally requires a Master’s degree, but that it isn’t a prerequisite to being a 4-H Coordinator. His idea is to use state money for the programs that the agent performs across county lines, and let the local authority provide the funding for the local programs. He added that no county would be expected to fund more than what they have in the past; it is simply easier to perform the ag and family consumer programs across the county lines than it is to do so with 4-H.

Ms. Yoder commented that she is also the EFNEP supervisor, and Mr. Plath said that someone with an FCS would also be better suited for that.

Mr. Lyons wanted Mr. Plath to know that the county is very happy with the way the office is managed now, and would like for it to stay that way, if possible.

Mr. Beedy asked if the hiring freeze affects the vacancies, but Mr. Plath said that CSU has their own hiring freeze, although they have gotten a few exemptions. Since the freeze will continue through June 30, he felt they could start working on what they want to get out of the position now. After two failed attempts at finding a person with a Master’s degree, CSU will allow for someone to be hired with a Bachelor’s degree; although they have to commit to obtaining their Master’s within five years. That person would bear the cost, although they would receive a $3,000 raise as soon as they received the degree.

Mr. Lyons told him that Lincoln County’s 4-H program would not survive a very long wait for a director and asked how long it could take. Mr. Plath responded that it would take at least three months for the first cycle, so it could take up to a year before someone would actually start work.

Mr. Burgess asked if a local person could be hired if they would guarantee that they’d work on getting their Master’s, but Mr. Plath said that according to current CSU rules, that was not an option. Mr. Burgess asked who the county could appeal to, and was told that Dr. Debra Young is the director and they would need to go through her.

Ms. Devers asked if the county could hire someone with a Bachelor’s degree if they were willing to contribute more funding to the salary, but again, Mr. Plath said that CSU generally has a neighboring agent cover the county in the interim. He did agree though, that if a local person was hired with the understanding that they would not automatically transition into the position when the hiring process was completed, there may be a possibility that they could work something out. He added that he would be willing to pursue that option if it was understood that the requirement of a Master’s degree needed to be obtained.

Mr. Burgess wanted to know if the state requirement for part-time employment only being allowed for six months applied to extension directors, since it does not pertain to counties, and Ms. Devers asked if the county could advertise for the position and hire the interim director as a part-time employee, but Mr. Plath said that CSU would still want their say in the matter. He did add that they would look at the qualifications of the person, among other things, and said that in the past, employees have been grandfathered in.

Travis Taylor said that the timeline seems to be an issue, because if they wait until Ms. Yoder actually retires, the position will be open even longer. If they could expedite the process while she is still working, it would be a huge benefit to everyone.

Mr. Beedy asked Mr. Plath to have a job announcement to the Board by June 8, and Mr. Plath agreed that he would probably be able to do so. If not, he will definitely have it to them by June 18. Mr. Beedy also told him to let them know if there was anything the commissioners could do to help him with other administrators at CSU.

At 11:30 a.m., Public Health Director Tonda Scott met with the Board to present for signature the 2010 contract and scope of work for her office, and to update them on other activities. She said she’d received the STEPP grant, which had showed a decrease of less than $2,000, but she would have to revise her budget figures before she brought it in.

Mr. Burgess made a motion to sign the Task Order Contract for nursing services between the Department of Public Health and Environment and Lincoln County in the amount of $20,897.00 for the period of July 1, 2009 through June 30, 2010. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Beedy then made a motion to sign the Limited Amendment for Task Order #2 between the Department of Public Health and Environment and Lincoln County for the WIC program in the amount of $5,572.00. Mr. Burgess seconded the motion, which carried unanimously.

Ms. Scott then said that she’d spoken with Floyd Bierd at BOCES to let him know that she would not be doing the school nursing program next year. He is willing to work with her by increasing the hours and putting forth funding for benefits or salary to keep the program going if she can find a nurse who would be interested in the position.

Ms. Scott would like to combine the school nurse and STEPP programs together and hire a full time person. Floyd was willing to allow fifteen hours per week, but Ms. Scott said she would ask for more, as she didn’t believe an RN could be hired for less than nineteen dollars an hour. She felt that thirty-five hours per week would possibly entice someone to the position.

Mr. Burgess said if that were the case, he would require that BOCES contribute all of the funding for the benefits.

Mr. Lyons said he felt that the tobacco education in the schools was losing ground, as he had seen several youngsters around lately that were smoking, and Ms. Scott said they hadn’t been able to do as much in the schools as they wanted to. She felt if the school nurse was already there in the school, she would also be able to do work as the STEPP coordinator.

Ms. Devers wanted to know if any of the RNs that had been interested in the job would be likely to apply if it were full time, keeping in mind that if the STEPP grant money were to go away, their salary would decrease, and Ms. Scott replied that she felt they would as long as the benefits were there.

Mr. Burgess said that he felt it was BOCES’ problem more than the county’s, and if they wanted the position to be available to them, especially since many of the school districts are located in more than one county, then they should supply the funding. He said it would be approximately $14,000 a year for insurance alone, and he was not inclined to subsidize BOCES with Lincoln County money.

Mr. Lyons said he felt there was no problem at all with adding the STEPP Coordinator and the School Nurse program together, and the others agreed.

Ms. Scott will come back to meet with the Board on June 8 with the revised STEPP budget, and Ms. Devers told her that she had also received the substitutions and waivers from the State Board of Health regarding the Public Health Director and gave her a copy.

The Board approved the May, 2009 payroll, as well as expense vouchers for the month of May.

Ms. Lengel informed the commissioners that Chris Monks would like some of the old carpeting from her office when they replace it, which prompted her to ask if they intended to have a dump truck available for the remnants and the Board agreed that they would. She also asked if anyone had talked to Travis about painting and Ms. Devers said he was on his way over.

Travis did agree to paint the rest of the Clerk’s office, and a phone call was placed to Gene Amann to let him know the Board’s decision, but he was out of cell service. Ms. Devers will put together a letter stating that his services will no longer be needed for the remainder of the job and will let him know that if he has purchased any other paint, he will need to bring it in to be reimbursed. They will also try to call him during tomorrow’s meeting.

Mr. Lyons told Travis that a doorstop of some kind needed to be put on the front doors of the courthouse, and Ms. Devers said she thought that the shop was supposed to be making them for the courthouse and the Ellis Allen building at the fairgrounds, as Mike Mosher had brought it up some time ago. Mr. Burgess said he would check into it and then, since there was no further business to come before the Board, Mr. Lyons adjourned the meeting until 9:00 a.m. on May 29, 2009.

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