Board of County Commissioners of Lincoln County
Agenda for August 18, 2009
9:00 Call to order and Pledge of Allegiance
9:05 Land Use Administrator Ken Morrison to discuss the RES wind farms agreement and the collection of use tax on building materials for wind farms
9:30 County Treasurer Jim Covington to discuss various office issues
10:00 Fair Manager Mike Mosher and Hugo Town Manager Gary Ensign to discuss additional restroom facilities at the fairgrounds and placing them on the town’s sewer system
11:00 Interview Jessica Borns as a driver of the handicap accessible van for the Bee Hive only
11:30 Interview Roger Hogan for the handicap accessible van driver position
1:15 Dean and Nova Waite to discuss their performance evaluations
1. Approve the minutes from the August 6, 2009 meeting
2. Cancel County General check #11944 written on July 31, 2009 to Drive Train Industries since the bill was paid twice
3. Review the July report from the County Clerk’s Office
4. Review an IGA Option Letter from CDOT to add an overlapping phase in Fiscal Year 2010 for construction of the new roof on the roundhouse
5. Review information from the Special Highway Committee for applications for bridge funds
6. Review the Local Agency Contract Administration checklists with CDOT for the Off-System Bridge projects in Lincoln County
7. Consider adoption of a policy for public requests for materials/information from various county offices
8. County Commissioners’ reports
9. County Administrator’s report
10. County Attorney’s report
11. Old business
a. Sign a letter to the Kit Carson County Commissioners concerning funding for a part time office manager for the Retired Senior Volunteer Program in 2010
12. New business
The Board of Lincoln County Commissioners met at 9:00 a.m. on August 18, 2009. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess and Gary Beedy, County Administrator Roxie Devers and Deputy Clerk Lisa Crawford. County Attorney Stan Kimble attended in the afternoon.
Chairman Lyons called the meeting to order and led the Pledge of Allegiance. At that time, Estelle Thaller, County Assessor, stopped in to give the Board a revised policy for public requests of materials and information in her office to be reviewed in the afternoon.
Land Use Administrator Ken Morrison then met with the Board to discuss the RES wind farm agreement and the collection of use tax on building materials for the wind farms. He presented the Development Agreement between Lincoln County and Cedar Point Wind, LLC, along with a copy of House Bill 09-1126, which concerns incentives for the development of solar thermal energy systems for review. Different tax revenue options and concerns were discussed and Gary Beedy suggested an impact study and analysis of how the wind farms would affect Lincoln County. Patricia Vice, Lincoln County Director of Economic Development, joined the discussion to present a proposal that would affect taxes. She agreed with Gary Beedy that there needs to be some plans and/or guidelines set up to follow, not only for RES, but for future proposals. Gary Beedy and Ted Lyons both stated that they were hesitant to sign any agreements without a specific start date from RES.
Stacey Phythian then met with the Board to discuss the position for the part time office help in the RSVP office. The Board previously discussed asking Kit Carson County to fund 50% of the salary, and Roxie presented the letter she has completed to the Kit Carson County Commissioners. It was approved and signed by all commissioners. Since the position would not start until January of 2010, Stacey inquired if the Board would approve hiring for that position as early as October of 2009. She expressed the need for help while she was finishing grant applications. Steve Burgess suggested reviewing this at the regular meeting in September after they hear back from Kit Carson County.
John Valentine with the State Land Board came to update the commissioners of the progress on the problem with cattle breaking through the fence on the Brett Grey Ranch. John stated that he had spoken with the party responsible and that they would be fixing fences to resolve the issue. Roxie also presented the letter that she received addressing the steps to resolve the issue from Nancy Fishbein, Director of Land Conservation. Gary Beedy noted he would like to see a letter to the Nature Conservancy letting them know they needed to take responsibility for the upkeep of the fences. Mr. Valentine also updated the commissioners that Phase I of selling state land to private owners was completed and Phase II would be starting in November.
At 10:00 a.m., Fair Manager Mike Mosher met with the Board to discuss the problem with the septic at the fairgrounds. Hugo Town Manager Gary Ensign was also present. Mr. Mosher stated he had the septic pumped four times at this year’s fair and that the current septic was not adequate enough to handle the usage. Mr. Burgess asked Gary Ensign what it would involve to add the fairgrounds to the town sewer system. Gary advised them that it would be a costly expense and require a lot of permits and procedures. After discussing the different options, Gary told the board he would be glad to help in any way and would take it to the town board for discussion.
Steve Burgess then motioned to accept the minutes from August 6, 2009 after deleting “and they are not expecting an increase in the pool at this time.” Gary Beedy seconded the motion and Ted Lyons signed the minutes.
Mr. Burgess also made a motion to cancel check # 11944 issued to Drive Train Industries on July 31, 2009, in the amount of $9.50, since the bill was already paid. Gary seconded it and the motion carried unanimously.
Next, County Treasurer Jim Covington came to further discuss his inquiries into new banking techniques and interest rates that he is interested in pursuing, and the responses to the letters he has sent out to the area banks. He mentioned that he had not yet heard from all banks and would be contacting the bank he has not yet heard from, before any decisions are made. The Commissioners stated they would support him with his decisions, once he has contacted all the concerned parties directly.
The Commissioners then interviewed Jessica Borns, who has requested to be a driver for the handicap accessible van for the Bee Hive residents only. She is interested in being a back up driver, if the regular driver is unavailable. No decision was made until they interviewed for the regular handicapped driver position.
Roger Hogan was then present for an interview for the position of handicap accessible van driver. His application was accepted and he was offered the position contingent upon the results of pre-employment drug screening and a physical.
The Commissioners then reviewed an IGA option letter from CDOT, adding overlapping phases in the Fiscal Year 2010 for construction of the new roof on the roundhouse.
Before the lunch break, they then reviewed information from the Special Highway Committee for application for bridge funds. Gary Beedy stated he felt the county had several bridges that would benefit from this.
Roxie then presented the Local Agency Contract Administration checklists with CDOT for the Off System Bridge projects in Lincoln County. She advised them that CDOT requires a local agency project manager as a contact person for the county. Steve Burgess suggested that Ken Morrison be the contact person. Ken was brought back to the meeting and asked if he would take this responsibility, which he accepted. Steve Burgess will ask Tony Wernsman to be the engineer for the project and Roxie will look into what work would be involved for estimates.
After the lunch break, Janitors Dean and Nova Waite were present for their performance review. Nova wanted to let the commissioners know that the wipes she had been using for doorknobs were no longer available, and the brand she will have to use is very expensive. It was recommended that she discontinue the use of wipes and use a reusable cleaning rag. After looking over the reviews and a brief discussion about some of the comments, the commissioners approved their step raise to start as of August 1, 2009.
The Board reviewed the July County Clerk report, as well as the reports from the Assessor, Treasurer and Public Health Agency Fund.
In reviewing the policy changes for materials and information from the County Clerk and the Assessor’s office, Roxie stated that she made a few changes to Resolution # 729 to include the proposed changes. Commissioner Burgess made a motion adopting policies concerning public requests for copies of county records/information, effective August 19, 2009. 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 August 18, 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 Absent & Excused
Roxie Devers, County Administrator Present
when the following proceedings, among others, were
had and done, to-wit:
Copy and Search Costs
RESOLUTION
#729 It
was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt
the following resolution:
WHEREAS, C.R.S.
24-72-201, et seq., allows the Board of County Commissioners to make such rules
and regulations with reference to the inspection of County records as are
reasonably necessary for the protection of such records and the prevention of
unnecessary interference with the regular discharge of the duties of the County
or the officers thereof; and
WHEREAS, some of the county
officers already have established policies for providing public requests for
materials / information from their offices; and
WHEREAS,
the Board of County Commissioners do not wish to change those policies, but
only to provide policies for those offices that have not established ones;
NOW, THEREFORE BE IT RESOLVED by
the Board of County Commissioners of Lincoln County, Colorado that the
following statement of policies concerning public requests for copies of County
records/information shall be effective August 19, 2009, shall continue until
and unless they are changed by the Board of County Commissioners, and can be
used by those offices that do not have established policies in place.
SEE
ATTACHED EXHIBIT ‘A’ INCORPORATED HEREIN BY THIS REFERENCE
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: ______________________________
_________________________________ _________________________________
Acting Clerk of the Board
EXHIBIT A
LINCOLN COUNTY POLICY
PUBLIC REQUESTS FOR MATERIALS /
INFORMATION
EFFECTIVE: August 19, 2009
Lincoln County encourages everyone to go
“green” by obtaining copies electronically!
1. Whenever appropriate,
the requestor will be encouraged to obtain the requested information with
minimal reliance on the services of a county employee. Copies of
minimum-security documents may be made by the requestor at a charge of $.25
(twenty-five cents) per 8½” x 11” or 8½” x 14” photocopy; $.50 (fifty cents)
per 11” x 17” photocopy, if the paper size is available; or $1.00 (one dollar)
per photocopy for 8½” x 11” or 8½” x 14” colored copies. Copies greater in size
than 11” x 17” will be charged $5.00 per sheet.
2. Copies for official
county records and materials from the offices of elected officials shall be
priced either by Colorado State Statute or by determination of the County
Commissioners or each of the elected officials for their respective
offices. Described below are
miscellaneous information costs based on data or documents requested from the
County Clerk or County Administration.
a.
Paper copies
or electronic copies of Voter Registration information from the Clerk &
Recorder’s office can be obtained for a fee of $25.00 for setup and $.01 (one
cent) per name. An address label listing may be purchased for the setup fee and
$.02 (two cents) per label.
b.
Paper copies
of the Lincoln County Budget can be obtained for a charge of $25.00 per document. An electronic copy on CD may be purchased
for $5.00.
3. If, for reasons of
security, convenience, or data gathering, the services of a county employee are
required, the county will require reimbursement at the rate of $25.00 per hour
of employee time in half-hour increments; the appropriate fee to cover the
actual cost of printing the requested information. Tasks anticipated to be two
hours or more in length will require a deposit.
4. Citizens are encouraged
to make every effort to arrange for an appointment for these services. The
county reserves the right to provide such services under whatever period deemed
to be reasonable by the department head of the county department involved.
5. At the discretion of
the applicable records keeper, requests for public records shall be made in
writing by the requestor.
6. Delivery charges by fax for the various
copies identified above are $1.00 for each page sent.
7. There may be additional
charges for postage.
Gary Beedy reported that on August 11, he checked bridges with CDOT employees, and on the Thirteenth, he attended the CCI eastern district meeting in Akron with the other two commissioners and Roxie. On August 17, he attended the Economic Development board meeting, and also went to Denver with Steve Burgess, Chris Monks and Dave Seymour to see the storage tanks for fuel.
Steve Burgess reported that he attended the Queen’s dinner at the fair on August 8. He toured bridges on August 11. On the Seventeenth he went to Centennial to get a police car that had broken down and also accompanied the others on their trip to see the fuel tanks they were considering buying.
Ted Lyons reported that on August 6 he checked roads and spoke to Dave Hubbard concerning his complaint of backed up trash in a culvert on his property. Since Gorden Hollowell was concerned with water crossing the road west of the Stum residence, as well as other roads in his district, Mr. Lyons checked on them on August 11. He did see that signs had been placed where there has been water crossing the road. He also drove to LeValleys to check on an issue with Canadian thistle in a neighbor’s field and found that it had been resolved. He participated in the RC & D teleconference on July 17. He stated that Ben Orrell will be serving on this council as well. Mr. Lyons then said that he had received a call from Shawn Deeney with the Colorado Division of Wildlife that the study on the black-footed ferrets was completed and that all of Colorado has been block-cleared. He felt this should open the doors for the county to pursue a pest control plan. Mr. Lyons also received two comments from concerned citizens about smoking in the grandstands at the demolition derby during the fair. Steve Burgess also commented that he had received the same complaint. It was discussed among the Board that Roxie should review the state regulations for smoking in public entities. Ted also received three comments from citizens who thought the fair was very good this year. All commissioners agreed.
Roxie Devers then gave the Administrator’s report, explaining that she had spoken with Beverly Rave with the State Land Board who wanted the commissioners to be aware of the fact that the bulls owned by some individuals in the lower “L” had gotten in with heifers of Brett Gray’s. They did cross a county road, as well. Ms. Rave asked if the commissioners normally get involved in fencing issues and Ms. Devers explained to her that they did in this case because the cattle were on county roads, creating a safety issue, and the problem has been a continuing one since last summer. Ms. Devers also gave the Board information from CDOT regarding weed spraying along state roads and a form from CDPHE for Karval Water Users.
Ms. Devers also reported that she’d had an ambulance licensing issue with two of the area ambulances not responding to her reminders that they had not completed their licensing paperwork, and both had expired on August 9, 2009. She has since heard from one of them, and not the other. Stan Kimble suggested a stern letter to remind them that this was unacceptable.
Stan Kimball then made the comment that he felt the fair was a success and that the demolition derby was a success. Chris Monks, who was in attendance for a later discussion, interjected that he had observed a woman pushing her baby in a stroller in the pit area of the derby and felt that it could have been a potential danger. All those in attendance agreed that limiting access to the pit area should be addressed as a concern before the next fair.
Stan Kimball then advised the Board that he had spoken to Joe Linnebur regarding the noxious weed problem in their fields. Mr. Linnebur had stopped into his office to let him know that he had received the letter from the Sheriff’s office and that he was willing to work with the commissioners as soon as he had finalized his plan with NRCS. Joe proposed a strip spraying, but wanted to work with the NRCS office to come up with a plan. He did not want to sign the agreement the commissioners had given him until he could finalize his plans with the NRCS department. A call to Brian Johnson with NRCS was initiated and when Mr. Johnson called back, he advised the Board that, currently, Mr. Linnebur’s plan did not include noxious weeds and it was not necessary in his plan. The commissioners then decided that they wanted to meet with Mr. Linnebur again; this time with Brian Johnson, Stan Kimball, Chris Monks and Greg King. Brian agreed and the meeting was set up for August 31, 2009, at 3:00 pm.
Mr. Kimball then reported that he would be meeting with the sheriffs’ department at 6:00 p.m. that night to advise them on how to conduct the Model Traffic Code tickets on their own. He stated that he did not feel it necessary for him to attend unless the other party had a lawyer present.
Ted Lyons then asked Stan to begin a preliminary plan for the pest control in regard to the prairie dog problem in Lincoln County. All commissioners agreed and Stan said that he will review other ordinances from other counties before proceeding.
Chris Monks then presented the Board with the cost proposals from Eaton for the new fuel storage tanks. After a few changes where made and the final estimates received back from John Eafanti with Eaton, the proposals were reviewed and Steve Burgess motioned to accept the contracts. Gary Beedy seconded the motion, which carried unanimously. The contracts were signed by Gary Beedy and Steve Burgess.
Chis Monks then presented a request to replace one of his graders. He has found a 2007 CAT 140H to replace the existing one that will require a lot of repairs. He asked that the Board consider purchasing this rather than repairing the old grader. Steve motioned to approve the purchase of the 2007 CAT, and asked that Chris try to pay it off in the next year. Gary Beedy seconded the motion, Ted made it unanimous. Chis then asked that the Board consider DOLA grant money for County Rd 2W, and Steve Burgess suggested that they look into all roads. Gary Beedy stated that the lower section of County Road 109 at Hwy 94 had heavy truck traffic that could benefit as well. It was advised that Chris and David Seymour come up with a plan for all the county roads, so they could be prepared for next year’s projects. Gary then suggested a volume study on all the roads to see where the need was.
Steve Burgess asked that a call be made to Greg Etl with DOLA to ask if any more funding would be available for road improvement projects. When Mr. Etl was contacted, he advised the Board that just this morning, the governor had issued a freeze on all funding for the remainder of this year and next year, as well. Therefore, there would be no funding in the next year.
Chris Monks then reported to the Board that he had received a call from George Monks’ wife who asked if the road crew could help with digging graves in the county while George is recuperating from surgery. All agreed that this would be fine.
Gary Beedy reminded the Board that he would like to see the problem with noxious weeds be incorporated into the letter to the Nature Conservancy. The letter will be written by Gary Beedy.
Steve Burgess then reminded the Board that they need to update the job description and job title for Chris Monks now that he is in his new position. Roxie will check with Cynthia Barnes at CTSI for input.
Roxie Devers then asked the Board if they would be increasing any fees within the landfill contracts with the towns. The commissioners declined and there will be no new changes.
With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on August 28, 2009.
_____________________________________ ______________________________
Lisa M. Crawford, Deputy Clerk to the Board Ted Lyons, Chairman