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

Board of County Commissioners of Lincoln County

Agenda for July 31, 2009

9:00 Call to order and Pledge of Allegiance

9:05 Members of the Board of Directors of Lincoln County Economic Development Corporation to discuss the Commissioners decision to not contribute additional funds to the office in 2009

9:30 Social Services Director Colette Barksdale to give her monthly report

The Board will conduct the following hearings as the Board of Equalization

10:30 Willard and Kathleen Bluck’s residential property

11:15 Limon Hospitality, LLC’s commercial property

1. Approve additional expense vouchers if necessary

2. Approve the minutes from the July 30^th meeting

3. Appoint a Commissioner to the Colorado Counties, Inc. 2009 Legislative Committee

4. Review the minutes from the July 21, 2009 Tourism Board meeting

5. Review and sign the contract with LC Derby Club to have a demolition derby at the fairgrounds on August 8, 2009

6. County Commissioners’ reports

7. County Administrator’s report

8. County Attorney’s report

9. Old business

10. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on July 31, 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 arrived at 10:00 a.m.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Richard and Donna Metcalf, Jim Herron, Linda Hawthorne and Tim Andersen; members of the Lincoln County Economic Development Corporation, met with the Board to discuss the commissioners’ decision to not contribute additional funding to the office in 2009.

Mr. Metcalf provided a printout of information explaining the background and benefits of LCEDC, as well as numerous accomplishments of the organization, and the Board asked several questions relating to the handout. In general, Mr. Lyons gave his opinion that the position now held by Pat Vice does not actually need to be a full-time position; however, the members of the organization disagreed, stating that many of the contacts Ms. Vice makes require her full attention, as well as the meetings she attends, the questions she answers and the follow-up she does.

Mr. Lyons said he doesn’t believe that the weekly articles Ms. Vice writes are always pertinent to what is happening in Lincoln County, and believes that it is often a waste of her time. Mr. Metcalf again disagreed, stating that the articles are often picked up by other websites or re-printed in other newspapers, and he believes they show Ms. Vice’s competency in utilizing the resources she has.

Mr. Burgess’ concern was that local Lincoln County businesses are not being contacted to help with the funding, adding that it is his understanding that they currently have funding to keep the office open through mid-October.

Ms. Hawthorne clarified that if the $16,000 is raised, then the towns will contribute the remainder of funds to keep the office open, and Mr. Metcalf added that they need $8,100 from the county today to help trigger that additional help from the towns.

Mr. Lyons asked what Ms. Vice’s salary is per year, and Mr. Herron said that she makes $32,000 per year with a medical insurance stipend, but that she has not had a raise since she started. He also put in that he believes her articles are important because it shows those looking to relocate in the county that there is a desire for economic development here. He added that most of the local businesses have actually contacted Ms. Vice to give their monetary support of the organization, as they, too, recognize that economic development is important to their communities.

When asked why no one ever seems to see results of Ms. Vice’s efforts, both Mr. Herron and Tim Andersen stated that economic development is a slow-moving process, and even though things may be happening, most of the time it has to be kept confidential, which also makes it difficult. Mr. Andersen added that, as a member of the chamber of commerce, he receives many calls and questions, but does not have the time to answer them all. He believes it is vital to have someone in Ms. Vice’s position to refer those calls and questions to, and added that economic development is a priority that has the potential of generating revenue back to the county. He went on to say that if the momentum is lost now, they may have a terrible time ever getting it back.

Jim Herron added that they are hoping to contract out some other jobs to Ms. Vice to gain some revenue back to the organization, but so far it hasn’t worked out. He did say that they will be reimbursed from Ports-to-Plains for some of her travel expenses.

Mr. Metcalf also informed the Board that Ms. Vice will be taking classes in the NxLevel (formerly Leading Edge) program to become certified to teach classes to prospective business owners in this region.

Mr. Burgess said that there are others in the community, such as Linda Olson and Prairie Development that can help with economic development also.

Mr. Metcalf provided a letter from Carla Weeks, president of Carla’s Cluster Care in Limon, concerning the importance of economic development in Lincoln County.

Mr. Lyons said he is certainly not suggesting that the Economic Development Corporation be done away with; he simply thinks that there is not a need for a full time person to run the organization. Mr. Metcalf argued that Ms. Vice makes ten-to-twelve contacts per week, and Mr. Lyons responded that he believes Lincoln County residents would be much happier if the articles Ms. Vice writes would actually report what is happening with Lincoln County economic development, rather than some of the things she writes about.

Mr. Beedy made a motion to give $5,000 in additional funding to Lincoln County Economic Development Corporation in 2009. Mr. Burgess seconded the motion, and it carried unanimously, although Mr. Burgess added that he would vote to give no more than $10,000 to the organization in 2010.

Mr. Metcalf said they would take the suggestions that the Board made back to Ms. Vice and the rest of the board, adding that they would also speak with Jo Downey.

At 10:00 a.m., Social Services Director Colette Barksdale met with the Board to give her monthly report. Robert Kraxberger attended with Ms. Barksdale.

The Board approved the financial, caseload and attendance reports for June and July, and Ms. Barksdale stated that the director in Cheyenne County had resigned.

Ms. Barksdale also provided an update on the TANF grants, explaining that they will give a total of $35,000 in TANF grants to schools and community agencies for various program supplies. She said they met with the schools personally, and each organization is very excited to be getting the funding. Ms. Devers stated that a supplemental appropriation would need to be done to the Bookmobile budget, since they are one of the entities receiving money.

At 10:30 a.m., the Board conducted a hearing as the Board of Equalization on residential property owned by Willard and Kathleen Bluck. County Assessor Estelle Thaller, Chief Appraiser Renita Thelen, and Jeremiah Higgins were present, but no other audience members appeared for the hearing. Neither Willard nor Kathleen Bluck was in attendance.

Ms. Thelen explained their findings using the mass appraisal technique and the sales comparison method, which showed that the value of $53,518 was accurate.

Mr. Beedy made a motion to adopt a resolution denying the petition for change of value on residential property located at 160 B Avenue in Limon, Colorado, owned by Willard V. and Kathleen I. Bluck. 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 July 31, 2009, there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Present

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 #726 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, pursuant to C.R.S. 39-8-106 (1) the Board of County Commissioners will act as the Board of Equalization and hear appeals filed by taxpayers who disagree with the property value established from the determination of the County Assessor: and

WHEREAS, a petition for a change of value was received from Willard V. and Kathleen I. Bluck for their property at 160 B Avenue, Limon, CO, parcel #258517431012; and

WHEREAS, the petitioner was not present at the hearing held at 10:30 a.m. on July 31, 2009 to provide evidence in support of changing the 2009 value for the subject property from $53,518 to $37,000; and

WHEREAS, the Assessor presented evidence through use of the sales comparison method, which is the most reliable method of valuation for residential property, that the subject property sold for $60,000 during the statutory sales period and, when compared to similar parcels that sold during this period, that the value of $53,518 placed on the subject property is fair and equitable;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County, acting as the Board of Equalization, that the petition from Willard V. and Kathleen I. Bluck requesting a change of value on the subject property from $53,518 to $37,000 is denied for the following reasons:

1. The Assessor’s use of comparable sales during the statutory sales period supports the value of $53,518 placed on the subject property.

2. No evidence was presented to support the claim that $37,000 is the correct value.

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. Burgess made a motion to approve the minutes from the July 30, 2009, meeting, with the correction of “every three years” rather than every year. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess made a motion to appoint Commissioner Gary Beedy to the Colorado Counties, Inc. 2009 Legislative Committee. Mr. Beedy seconded the motion, which carried unanimously.

The Board reviewed the minutes from the July 21, 2009, Tourism Board meeting, as well as the contract with LC Derby Club to have a demolition derby at the fairgrounds on August 8, 2009. Mr. Beedy made a motion to approve the contract with LC Derby Club with the insurance amounts that were provided. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Beedy said that Lynn Fisher had called him, and asked if anyone knew if curly dock is on the noxious weed list. Mr. Lyons said that Lynn Fisher had called him also, so he had referred the call to Wayne Shade and asked that he call Mr. Fisher.

Mr. Burgess said he took the 1998 Ford Crown Victoria to Limon Chrysler as the trade-in for the new van, and he’d heard on the news the previous evening that the “Cash for Clunkers” program ends at midnight tonight. However, it appeared that Limon Chrysler would still honor the price they had quoted for the 1998 Ford. Mr. Burgess had also called Jerry with Environmental Solutions about the fuel tanks to see if there was any way around the size requirements of where the tank sets. Apparently, the tank must be a certain number of feet from property lines, roadways, etc. Mr. Burgess was told that the county may be able to get an exemption from the requirements.

Mr. Lyons said he’d spoken with Darrel Lehrkamp the previous evening concerning the two percent county sales tax on pesticides and, as a result, he and Dolle, as well as Chad with Pro Ag will meet with the Board at 11:45 a.m.

County Treasurer Jim Covington stopped in to share a quote he’d gotten on a Dell computer. Mr. Burgess made a motion to allow County Treasurer Jim Covington to purchase a Dell computer system for $709.56. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Covington also said he’d sent letters out to all of the local banks concerning what he had discussed with the Board at the meeting on July 20, and added that the demonstration given by Eastern Colorado Bank had been very good. Mr. Burgess suggested he come back to the August 18 meeting and report on it again.

County Attorney Stan Kimble reported that the sheriff had asked him to approve a Summons and Complaint for the new Model Traffic Code, which he had done. He commented that the deputies would like to have an attorney helping them with the traffic infractions, but he felt they would be fine once they got through a few of them. Mr. Kimble also said that he had brought the paperwork for Linneburs, which he will take to Sheriff Nestor today, so that he can deliver the papers in person.

Mr. Kimble reported that he had added an appeal notice to the draft nuisance ordinance, and that he had received an e-mail from Extension Director Linda Yoder asking if the fair board can lobby. Mr. Kimble said they could as individuals, but that there are registration requirements, so it would be best for them to come to the commissioners first, since the Board is covered by insurance. The commissioners could then go to the legislators, if necessary.

Mr. Lyons asked that Mr. Kimble come to the fair board meeting once they get the organizational chart developed, and Ms. Devers said she was working on it.

Mr. Lyons explained to Mr. Kimble that District One intends to build a road at the section line in regard to the Raines/Norris dispute, and that he would like to have Mr. Kimble send a certified letter to T-Cross Ranches after he contacts Elbert County.

The Board conducted a hearing as the Board of Equalization on commercial property owned by Limon Hospitality, LLC. County Assessor Estelle Thaller, Chief Appraiser Renita Thelen, and Jeremiah Higgins were present, but no other audience members were present for the hearing. No one representing Limon Hospitality, LLC attended, either.

Once again, Ms. Thelen explained the findings of the Assessor’s office, using the Cost Approach value estimate, the Market Approach value estimate and the Income Approach value estimate.

Mr. Burgess made a motion to adopt a resolution denying the change of value for Limon Hospitality, LLC on commercial property located at 158 East Main Street in Limon. 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 July 31, 2009, there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Present

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 #727 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

WHEREAS, a petition for a change of value was received from Limon Hospitality, LLC for their property at 158 E. Main Street, Limon, CO, parcel #258516307001, also known as the 1^st Gold Inn Motel; and

WHEREAS, the petitioner had retained the services of Licht and Company to represent them at the hearing before the Board of Equalization held at 11:15 a.m. on July 31, 2009; and

WHEREAS, neither the petitioner or the agent was present at the hearing to provide evidence in support of changing the 2009 value for the subject property from $450,000 to $200,000; and

WHEREAS, the Lincoln County Assessor presented evidence through use of the cost, market and income approaches to substantiate that the value of $450,000 placed on the subject property, which sold during the statutory sales period, is fair and equitable;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County, acting as the Board of Equalization, that the petition from Limon Hospitality, LLC requesting a change of value on the subject property from $450,000 to $200,000 is denied for the following reasons:

1. The Assessor’s use of the cost, market and income approaches support the value of $450,000

placed on the subject property.

2. No evidence was presented to support the claim that $200,000 is the correct value.

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. Burgess asked Mr. Kimble about the cost for copies of recorded documents in the Clerk’s office, and Mr. Kimble said he would check into it, believing that there may be a way to recuperate costs based on labor involved.

Ms. Devers said she’d received the Workers Comp paperwork for the Lincoln Community Hospital ambulance service, but that she still did not have the insurance papers. However, she was sure she would get them prior to the next meeting.

Mr. Beedy made a motion to adopt a resolution approving the renewal of the license for the ambulance service and each of the ambulances for Lincoln Community Hospital Transport Service, upon receipt of all proper paperwork. 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 July 31, 2009 there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Present

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 #728 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, pursuant to the Colorado Emergency Medical Services Act, Section 25-315.101, et seq., C.R.S., the Board of County Commissioners has the authority to establish requirements for the inspection, licensure, and operation of ambulance services, ambulance personnel, and ambulance vehicles operating in the county; and

WHEREAS, the Lincoln County Commissioners adopted Resolution #651 and thereby established rules and regulations governing the licensure of ambulance services operating within Lincoln County; and

WHEREAS, the Lincoln Community Hospital Transport Service has presented the Board of County Commissioners with an application to license the ambulance service and to permit their ambulances as advanced life support; and

WHEREAS, upon review the Board of County Commissioners determined that the documentation presented met the rules and regulations established under Resolution #651;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the Lincoln Community Hospital Transport Ambulance Service is hereby authorized to provide ambulance service in Lincoln County as advanced life support.

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. Burgess asked that Mr. Lyons momentarily step down as chairman of the Board, in order to avoid any conflict in their next appointment, and he would act as chairman.

Darrel and Dolle Lehrkamp, owners of Tri-Me Spraying, and Chad Maranville with Pro Ag, met with the Board to discuss the two percent sales tax on agricultural chemicals. The Board reviewed the list of dealers in the county and of the seven listed; only three were still selling chemicals in the county.

Mrs. Lehrkamp stated that the only two places left in the state of Colorado collecting sales tax on pesticides are Lincoln County and the city of Yuma.

Mr. Beedy commented that there was nothing exempted when the sales tax was originally put on, and Mr. Burgess put in that if the sales tax requirement is taken off of chemicals, then there may be other businesses in the county that it should be taken off of, as well.

Mrs. Lehrkamp said she felt that removing the two percent tax would actually bring business back to the county, as many farmers and ranchers purchase chemical outside of the county in order to avoid the tax.

The apparent revenue loss to the county would be between ten-and-fifteen thousand dollars.

Mr. Burgess asked the Lehrkamps if they thought they might have to hire more help if they were to increase their sales, and Mr. Maranville put in that it is always a possibility when business is increased.

Mr. Kimble said he didn’t believe removing the two percent sales tax on agricultural pesticides would require a vote of the people, but he did want to check into it more to see if there was a specific procedure that the county would need to implement before removing it.

Mr. Beedy stated that it may be a challenge to remove the tax, as it would affect other businesses, such as the sale of propane. Mr. Maranville said that if that were the case, then they should consider that if the sale is made in Lincoln County, or the product applied in Lincoln County, then that party making the purchase or applying the product should pay the tax, which is actually the way it should be, in his opinion.

Ms. Devers said the problem with that solution is that there is no way to monitor or enforce it, adding that companies outside of the county are not obligated to collect Lincoln County sales tax.

Mr. Kimble will do some research on the matter, and Ms. Devers said that they would need to allow time to notify the state if the intention was to remove the tax. She added that it could likely take effect January 1, 2010.

In regard to new business, Ms. Devers said they had received information from the Colorado Department of Public Health and Environment that the Lincoln County audit report for the year ended December 31, 2008, meets the requirements of the OMB Circular A-133.

Also, the DOLA Energy and Mineral Impact grant contract was received, and the county was approved for $84,000 in funding for the diesel fuel tanks. Mr. Beedy made a motion to sign the DOLA contract for EIAF #6754 – Lincoln County Diesel Fuel Tanks. Mr. Burgess seconded the motion, which carried unanimously.

Ms. Devers stated that Public Health Director Tonda Scott asked that they review and sign the Form 1014-6, in regard to the minimum requirements for a public health director, as a waiver must be signed if the director does not meet the state requirements.

Mr. Burgess made a motion to sign the Substitution or Waiver of Minimum Requirements for a Public Health Director. Mr. Beedy seconded the motion, which carried unanimously.

Since there were no additional expense vouchers to be approved, and no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on August 6, 2009.

_________________________________________ _______________________________

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