Board of County Commissioners of Lincoln County

Agenda for July 6, 2009

9:00 Call to order and Pledge of Allegiance

9:05 Discuss continuing contributions to Lincoln County Economic Development Corporation, Inc.

10:00 County Auditor Gary Woodward to present the 2008 audit of the county’s financial statements

11:00 Extension Director Linda Yoder to discuss the staffing proposal prepared by Joel Plath, Southern Region Director for CSU, for the county Extension Office

1:30 County Assessor Estelle Thaller to provide the list of individuals who protested their property values and to provide the preliminary values for the county

2:00 Social Services Director Colette Barksdale to give her monthly report

1. Approve additional expense vouchers

2. Approve the minutes from the June 30, 2009 meeting

3. Sign a letter of support for Lincoln County Farm Bureau’s loan application to USDA Rural Development to purchase the building where their office is currently located

4. Discuss applying for a grant from USDA Rural Development to assist with the purchase of a console for Lincoln County dispatch and to construct a building to house generators in

5. County Commissioners’ reports

6. County Administrator’s report

7. County Attorney’s report

8. Old business

a. Discuss purchasing a van to replace one of the older ones

b. Discuss amending the Certificate of Designation for the county landfill to allow the disposal of asbestos

9. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on July 6, 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, and Kay Christie with The Limon Leader and Eastern Colorado Plainsman attended from approximately 11:00 a.m. until noon.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then discussion ensued regarding continued contributions to Lincoln County Economic Development Corporation, Inc. Mr. Burgess and Mr. Lyons both felt there was no way the county could afford to subsidize the organization with an additional $8,000-$10,000 more than the $10,000 currently committed by the county for 2009. Mr. Beedy agreed to an extent, but added that he felt there still needs to be a contact outside of a government entity, as presence and marketing continues to be important; however, it would be an immediate conflict of interest if the commissioners were the ones doing the business recruiting.

After discussing whether or not Patricia Vice could work part-time rather than full time, and if other entities will be contributing more in the way of funding to keep the office functioning, Ms. Devers asked how far into the year the current funding would last. Mr. Beedy said it would be the end of July, at best. He added that he thought part of the blame should be put on the Economic Development board, as they did not give Ms. Vice strong enough direction on what she should be accomplishing.

Mr. Burgess made a motion to deny additional funding beyond the originally committed $10,000; $5,000 of which the county has already submitted to Lincoln County Economic Development Corporation, Inc., but to submit the remaining $5,000 of the county’s contribution as soon as possible. Mr. Lyons seconded the motion, which carried with Mr. Lyons and Mr. Burgess voting in favor of the motion, and Mr. Beedy voting against it. Ms. Devers will send Ms. Vice a letter explaining the Board’s decision.

RSVP Director Stacey Phythian met with the Board at 9:30 a.m. to discuss the broken RSVP bus window and other issues relating to the department. There has been a problem obtaining a replacement side window in the van for the one that was broken out, and Ms. Phythian said she would like to consider obtaining a new transit van through the Transportation Advisory Committee, but cannot do so until 2011. Apparently, they pay eighty percent of the cost, so the county would be responsible for the other twenty percent, but Mr. Beedy told her that since the new van would have to be handicap accessible, it would be far more expensive than anything the county could afford. Ms. Phythian said that the van they have now was purchased through a grant, but she has not had time to pursue funding for a new one, and timing right now is crucial. She went on to say that, ideally, she would like to have one vehicle for Lincoln County and one for Kit Carson County, as it would be more cost effective in the long run.

Ms. Phythian also informed the Board that the time for a six-month performance evaluation was approaching for her, and she would like to have the three Lincoln County commissioners and the three Kit Carson County commissioners get together to complete one, but that she would like to wait until after fair.

Another topic Ms. Phythian had come to discuss was the need for part-time office help. She felt she needed someone with strong computer skills and computer program knowledge to help her with coordinator hours and other duties that require those abilities. Another option would be for that same person to take over the janitorial duties, thus alleviating the need for a part-time janitor, as well. She would like to have someone work between eighteen and twenty-one hours per week, and expected the wage to be approximately $8.00 per hour. Mr. Burgess figured that to be $8,700 a year, and Ms. Phythian said it would only be about half of that for the remainder of this year. She has only used around thirty-eight percent of the 2009 budget because she has been very careful with her spending and hasn’t spent as much as she thought she would. She added that she will look for more grant funding as time allows. Mr. Burgess suggested she put together a job description detailing what duties the employee would have, and perhaps she would find that it wouldn’t take as many hours per week as originally anticipated. He felt they should start with maybe sixteen hours per week, and asked that she e-mail the description to Ms. Devers so that they have it in writing.

Ms. Phythian said she would also like to revise the coordinator job descriptions, as she feels that they have steadily been moving away from their actual duties and have gone to being more volunteers than coordinators.

Ms. Devers asked if the county would be paying the full salary for the part-time person, to which Ms. Phythian replied they would, and admitted that she had not contacted Kit Carson County about it yet, but would do so.

At 10:00 a.m., County Auditor Gary Woodward met with the Board to present the 2008 audit of the county’s financial statements. Mr. Woodward reviewed the audit in detail with the Board, stating that no significant deficiencies were found in relation to the audit.

Mr. Burgess made a motion to accept the 2008 audit of the county’s financial statements, as prepared by County Auditor Gary Woodward, as well as the 2008 Cost Allocation Plan. Mr. Beedy seconded the motion, which carried unanimously.

At 11:00 a.m., Extension Director Linda Yoder met with the Board to discuss the staffing proposal prepared by Joel Plath, Southern Region Director for CSU, for the county Extension Office. She read the prepared proposal, which consisted of the county having two extension positions; one full-time Family and Consumer Science agent and one 4-H Program Assistant. The Board felt the county could not afford funding for two positions, especially when the high end salary for the 4-H Program Assistant alone could be as much as $52,400, which included benefits.

Ms. Devers wanted to know if CSU would still require the county to have a part-time assistant, as well, but Ms. Yoder felt that the 4-H agent should be able to pick up some of those duties. Ms. Yoder also said that experience in lieu of a bachelor’s degree would not be acceptable. She added that if the county chose to insist on keeping only one agent, then that person would be required to have a Master’s degree, but CSU will most likely finance the position the way it is now if that becomes the case.

Ms. Yoder explained that CSU will advertise twice for the position, requiring someone with a Master’s degree. If there are no applicants, then they will re-advertise; seeking someone with a Bachelor’s degree, who will be expected to complete their Master’s as a stipulation of being hired for the position. When Mr. Burgess commented that the county would have no input into who was hired, Ms. Yoder disagreed, stating that CSU would interview the prospective applicants on campus, and then would pick the top two or three and send them to the county for further interviews. The Advisory Board and commissioners would have the final say.

Mr. Burgess made a motion to contact CSU Regional Director Joel Plath to request that CSU begin advertising for one extension agent for Lincoln County with normal CSU requirements. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess made a motion to approve the minutes from the meeting held on June 30, 2009, as submitted. Mr. Beedy seconded the motion, which carried unanimously.

The Board reviewed a letter of support for Lincoln County Farm Bureau’s loan application to USDA Rural Development to purchase the building where their office is currently located, and signed the letter.

Ms. Devers said she’d contacted Cheryl Scofield with USDA Rural Development to let her know that the county was interested in a grant, but not loans, to assist with the purchase of a console for Lincoln County dispatch and to construct a building to house generators in. She asked her if it would be acceptable to split grant funding to use it for both projects, since E911 and EMS Subsidy may contribute some funding for the console, and Ms. Scofield told her that was a possibility. However, since the county is showing a healthy fund balance right now, Ms. Devers voiced her concerns to Ms. Scofield about that being a detriment to receiving the grant. She explained that the money in the bridge fund was designated specifically for the repair and replacement of certain bridges in the county, and that there are also concerns with the current economic situation, and Ms. Scofield said they would document those worries in the application if the Board would submit a letter explaining the circumstances. The console will run approximately $20,000, but Ms. Devers said they needed to find out just how much the building would cost or what exactly they wanted to do in that regard. After further discussion, it was decided that someone would speak with Chris Monks about whether or not they could enclose the concrete slab on the end of the county shop, and if so, how much that might cost. Ms. Devers will start on the grant application.

Ms. Devers also explained that the Rural Development application regarding housing repair loans or grants is fairly simple, but that an inspection of the home has to occur before it is approved. She gave other information in regard to allowable proof of income and allowable savings for certain age couples, and said that the home is not looked at as an asset. She added that it is critical the word get out to the public that such funding is available.

Mr. Beedy reported he attended the Economic Development meeting on June 23 and the Economic Development meeting for elected officials on June 25.

Mr. Burgess reported he attended the COG meeting in Arriba on July 1 and checked on his road crew on July 2, as they were putting tubes in at County Road 3T. He also reported that he’d been contacted by Kendra Ewing at the Agate School, and they have no funding to support the bookmobile coming to Agate at this time.

Mr. Lyons reported that he spoke with Duane Kahler on July 3 about the heating and air conditioning at the old Peoples Regional Clinic, as he understood monthly bills run around $560. He tried to contact LCH Administrator Herman Schrievogel, but couldn’t get in touch with him. Mr. Burgess asked if they would just be willing to sell the building, but Mr. Lyons said they were not interested in that option.

Ms. Devers reported that several years ago, Glenn and Eunice Johnson applied for a homestead exemption; however, on the Quit Claim Deed that was recorded, they did not reserve a life estate, so the exemption was not granted. It was recently discovered that they didn’t have to reserve the life estate if the deed was completed for estate planning purposes, which it was. Since Colorado is in a new budget year, the taxes erroneously collected will not be reimbursed, and Ms. Devers asked if the Board would be willing to pay back the property taxes of approximately $1,008 to the Johnsons from the Administrative budget.

Mr. Beedy made a motion to pay Glenn and Eunice Johnson approximately $1,008 in erroneously collected property taxes and to have the money taken from the county’s Administrative budget. Mr. Burgess seconded the motion, which carried unanimously.

Ms. Devers also reported that the mandatory walk-through at the roundhouse is July 23, and wanted to know if it would be possible for a Road & Bridge employee to mow around the roundhouse close to that time. Mr. Lyons said he would contact Chris and ask him to have someone do it.

The Board agreed to set the date for the local agency meeting with CDOT for either July 14 or 15, if that is agreeable with Matt Jagow.

Ms. Devers said she would like to sit down with Mr. Kimble after the meeting and go over the invitation to bid for the roundhouse, as she had some questions for him. However, she also needed to know the Board’s feelings on requiring a five percent bid guarantee at the time of submittal. She said they’d never required it in the past, but Mr. Kimble explained that the concern is that someone may put in the best bid, and then not have the funding to cover their materials or supplies. Ms. Devers said they do require a $50 refundable deposit for the plans, but she didn’t know how the Board wanted to proceed with the other matter. Mr. Burgess said that a performance bond has always been a requirement on state highway projects, and Ms. Devers clarified that even though the performance bond is a requirement, the bid guarantee is just an option. She added that the successful bidder is obligated to submit a Labor and Material Payment Bond which has to be for an amount equal to one hundred percent of the contract price before they begin work, and Mr. Lyons felt there was no need to charge them additionally, if that was the case, and the others agreed.

At 1:30 p.m., County Assessor Estelle Thaller met with the Board to provide the list of individuals who protested their property values and to provide the preliminary values for the county. Jeremiah Higgins attended with Ms. Thaller.

Once they had gone, Mr. Kimble reported that he’d sent Land Use Administrator Ken Morrison the proposed resolution regarding special zoning for railroads, and Mr. Morrison felt it was workable. Mr. Kimble said they could place more restrictions on it if they wanted to, but it may be best to leave it as generic as possible regarding railroad expansion, realignment or development, which is what the Board is concerned with. Ms. Devers asked if the Land Use Board addressed the resolution prior to the commissioners adopting it, and Mr. Kimble said they would review it and make recommendations, and then the commissioners would be required to hold a public hearing. If the Board is satisfied with it as is, they can submit the resolution to the Land Use Board.

Mr. Beedy made a motion to submit the draft resolution regarding special zoning regulations for railroads to the Lincoln County Land Use Board for review. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Kimble asked if anyone had heard anything from Linneburs regarding their noxious weeds, and since no one had, he said he would contact them again.

He had also gotten a copy of a Pest Control Ordinance from Larimer County, which would need to be revised since it was specifically designed for pine beetles, but at least it would give them something to work with. He said since May and June had been such busy months, he was waiting until later this month to work on a Nuisance Ordinance, in order to stay within his allotted hours.

In regard to accepting asbestos at the county landfill, an e-mail was received from Mark Walker stating that there would be less asbestos debris taken from the Genoa School than originally anticipated.

The Board signed an updated letter to Dr. Stan Martin regarding the Colorado Noxious Weed Act, since the original certified letter had never been claimed, and then at 2:00 p.m., Social Services Director Colette Barksdale met with the Board to give her monthly report.

After they had reviewed financial, caseload and attendance reports, Ms. Barksdale informed the Board that Governor Ritter has notified all DSS departments that they will need to plan their 2010 budgets with a ten percent cut, as many of the non-federal programs will lose funding. Since Ms. Barksdale has given up half a mill from her budget in the past, due to being able to use the Property Tax Relief funding as backfill, she wanted the Board to be aware that she will probably need that half mill put back in her budget again, as that fund will be one of those that will most likely suffer a great loss.

After the Board’s review, Mr. Beedy made a motion to sign the CDHS MOU for Colorado Works and Colorado Child Care for the period of July 1, 2009 through June 30, 2010. Mr. Burgess seconded the motion, which carried unanimously.

Ms. Barksdale said she also needed to update the Board on Quality Assurance Activities for Programs, as they are mandated to complete audits on programs such as the Fraud Prevention. She added that they will need to step up those activities because there will now be more supervision of those programs.

Mr. Burgess made a motion to go into executive session to discuss personnel, per C.R.S. 24-6-402 (4) (f) (I). 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 Ms. Barksdale. The session was tape-recorded and the tape is on file in the County Clerk’s vault.

After coming out of executive session, Mr. Burgess made a motion to authorize Social Services Director Colette Barksdale to enter into negotiations with another county to do some quality assurance for DSS programs. Mr. Beedy seconded the motion, which carried unanimously.

After further discussion regarding accepting asbestos at the Lincoln County Landfill and realizing that there may be no advantages to doing so, and that it would be far more costly in the long run, the Board decided not to accept asbestos at the Lincoln County Landfill. Ms. Devers will notify both Mark Walker and Roger Doak of the decision.

The Board discussed purchasing a newer county van to replace the gold van that has 108,000 miles on it, and possibly giving it to the Public Health office. They, in turn, could give theirs to the Victims Advocate. Mr. Lyons felt they should wait until they found out what can be done about the RSVP van, and in the meantime, they can find out how much a newer van will cost. Further discussion was tabled until July 20, 2009.

Mr. Kimble asked what the Board’s decision had been regarding further funding to Economic Development, adding that the Town of Limon agreed to give an additional $3,128. The Hugo town board had not met yet, and he said it would definitely leave the burden on the county to come up with the remainder of the balance, no matter what may be decided by the other town governments.

Mr. Burgess brought up the guardrail at the fairgrounds; asking the others if they thought they should try to get something done before fair. He felt they needed to get started on it, but Mr. Lyons said he wasn’t sure where they would find the help right now. After Mr. Burgess explained to Mr. Beedy that he’d been contacted by a resident who didn’t feel there needed to be guardrail installed in the parking area at all, Mr. Beedy suggested putting openings at every section, rather than every fifty feet, which was Mr. Burgess’ idea. Mr. Burgess said they would definitely need to get some grading done at the fairgrounds prior to fair, at the very least.

As for new business, the Board reviewed the June reports from the Assessor, the Sheriff and the Treasurer, as well as the Treasurer’s report of revenues and expenditures.

There was a brief discussion on a complaint Ms. Devers received that someone had put up a hog panel on Road 1.5, coming off of County Road S, but that no one would admit to doing so. Since Road 1.5 is not a county road, the county has no authority, due to the open range laws.

The Board approved additional expense vouchers for the month of June, 2009.

CLAIMS

With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on July 20, 2009.

_________________________________________ _____________________________

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