Board of County Commissioners of Lincoln County

Agenda for September 30, 2009

9:00 Call to order and Pledge of Allegiance

9:05 Dean and Nova Waite to discuss their employment with the county

9:45 Scott Ravenkamp to give an update on the rail relocation project

10:30 County Assessor Estelle Thaller and Jeremiah Higgins to present the Annual Audit report

11:15 Mike Mosher to discuss the 2010 Fair budget

1:00 Discuss further the bids received for the roof replacement on the Hugo Union Pacific Railroad roundhouse and awarding the project

1. Approve additional expense vouchers if necessary

2. Sign a contract with Sheree Miller to provide janitorial services through February 28, 2010

3. Approve the minutes from the September 29, 2009 meeting

4. Review a determination from the Office of Economic Development and International Trade concerning a request by Rural Rest Homes, LLC for Community Development Block Grant funding

5. Review information from the U.S. Department of the Interior, Fish and Wildlife Service, concerning block clearance of black-tailed prairie dog habitat in eastern Colorado

6. Review information from other counties concerning their auditors and decide which to send Request for Proposals to

7. Sign a Memorandum of Understanding with Roundhouse Preservation, Inc. for construction of the roof on the Hugo Union Pacific Railroad roundhouse

8. County Commissioners’ reports

9. County Administrator’s report

10. County Attorney’s report

11. Old business

12. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on September 30, 2009. The following attended: Vice-chairman Steve Burgess, Commissioner Gary Beedy, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. Chairman Ted Lyons was absent and excused and County Attorney Stan Kimble attended the meeting in the afternoon.

Vice-chairman Burgess called the meeting to order and led the Pledge of Allegiance, and then janitors Dean and Nova Waite met with the Board to discuss their employment with the county. Mrs. Waite gave an update on her condition, stating that she had enjoyed her time with the county and was sorry to see it end the way it was, at least for the time being, but she understood the commissioners’ position.

Mr. Burgess asked if Mrs. Waite’s niece would be able to take over the job, and Sheree Miller was introduced.

Ms. Devers said the contract she was using was the same one that Shayla Morgan had signed when she took over the janitorial duties for Mrs. Waite in 2008, and added that she had figured the hourly wage as $12.09. The sheriff’s office had already completed a background check on Ms. Miller.

Mr. Beedy made a motion to sign a contract for janitorial services with Sheree Miller in the amount of $12.09 per hour, not to exceed twenty hours per week, effective October 1, 2009 through February 28, 2010. Mr. Burgess seconded the motion, which carried.

Harvey Martin stopped by the meeting to ask about the Public Health Director position, and the commissioners updated him on what had taken place the day before.

Ms. Devers said that in conjunction with that conversation, Herman Schreivogel had called her and he and Mark Morrison want to meet with the Board this afternoon at 4:30 p.m. to present the information they have assembled in relation to the Emergency Preparedness Response position. A phone call was placed to Mr. Schreivogel to ask if they could come earlier than 4:30 p.m., but his response was that Mark Morrison was helping with Farm Safety Day and would possibly not be available any earlier. He added that they would come when they could.

The Board approved an additional expense voucher for the month of September, 2009, and then Mr. Beedy made a motion to approve the minutes from the meeting held on September 29, 2009, as submitted. Mr. Burgess seconded the motion, which carried.

A determination from the Office of Economic Development and International Trade concerning a request by Rural Rest Homes, LLC for Community Development Block Grant funding was reviewed, as well as information from the U.S. Department of the Interior, Fish and Wildlife Service, concerning their decision to block-clear all black-tailed prairie dog habitat in eastern Colorado, after determining that the areas no longer contain any wild free-ranging black-footed ferrets.

Ms. Devers said Mr. Lyons had told her that Scott Ravenkamp had some information regarding the rail relocation project, so she had scheduled him for 9:45 a.m., although she wasn’t sure that he could make it. Since it was 9:50 a.m., the Board called Scott for his update. Scott said he’d gone to the Transportation Committee meeting in Denver where they were told that the plan is to move ahead with an Economic Benefit Impact Study for eastern Colorado. Tammy Lange is in charge of the study and when asked where the money was coming from to pay for the study, she said they had found money in the state planning fund—or something of that nature—to complete the study. Scott wasn’t sure of the exact verbiage. He added that they had not once mentioned the passenger rail, but rather were basing everything on increased coal traffic in the future. They are having a C.A.R.R. meeting this coming Sunday and Scott invited the commissioners to come, adding that the annual Stewards of the Range conference will be held in Denver on November 5, 6 and 7, and he hopes to attend it.

The Board reviewed information from other counties concerning their auditors and decided to send RFPs to Farmer & Company, LLC; Lauer, Szabo and Associates; and McMahan and Associates. They will be due back on October 29, 2009, at 4:00 p.m.

Ms. Devers said that the Memorandum of Understanding between the county and Roundhouse Preservation, Inc. that needs the Board’s signature is a state historical requirement, so Mr. Beedy made a motion to sign the MOU with Roundhouse Preservation, Inc. for construction of the roof on the Hugo Union Pacific Railroad roundhouse. Mr. Burgess seconded the motion, which carried.

Mr. Beedy reported that he met with David Seymour earlier this morning regarding obtaining prices on a 950h loader for District Three. They are also checking prices on mower tractors as they are having issues with the John Deere models that they have.

County Assessor Estelle Thaller and Jeremiah Higgins met with the Board at 10:30 a.m. to present the annual Property Assessment Study. There were absolutely no issues or problems with the report, and Jeremiah commented that they had passed with flying colors.

Ms. Thaller said that she had been asked to acquire the commissioners’ feelings on the possible legislative recommendation that annual cost of living raises be given to elected officials, rather than current legislation that provides for possible salary increases for elected officials every four years. Apparently, the State Attorney General has given his opinion that it would be acceptable to give the increases on an annual basis, although legislation would have to be passed. Mr. Burgess said he thought it would be okay just to clean things up a bit, and Mr. Beedy agreed that he would be in favor of it as long as there was a cap put on the allowable increase, as it would help to keep counties from getting behind.

Mr. Burgess reported that he’d received a phone call from Allison with the Denver Post, wanting him to comment on the Child Welfare Action Committee, which he will not do until the governor gives his opinion. He had to leave her a message to that effect, as she was not in when he called her back. Mr. Burgess also spoke with Chris about the roof on the building out at the shop that is used for tire and oil storage, and they learned that it will cost about $1,500 to replace it. Mr. Burgess would like the amount added to the Capital Projects budget for 2010. He reported that Jim Bartkus, the new Deputy District Attorney, will begin sometime in mid-October.

Ms. Devers had nothing to report, but did bring up the mineral leases that the Board had discussed the day before when Mr. Burgess called for old business. She had done some checking with the Assessor’s office, and they show that the minerals on the NENE; 3-13-54 are owned by F & E Farms, who have apparently owned them since 2007. The other sections she wasn’t sure about, so will do even more research.

As for new business, Ms. Lengel had discovered an error in Resolution #729 regarding fees for election lists, so Mr. Beedy made a motion to amend Resolution #729 to include the corrections in order to comply with statutory guidelines. Mr. Burgess seconded the motion, which carried.

At a regular meeting of the Board of County Commissioners of Lincoln County, Colorado held in Hugo, Colorado on September 30, 2009 there were present:

Ted Lyons, Chairman Absent & Excused

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

AMENDED RESOLUTION #729 It was moved by Commissioner Beedy and seconded by Commissioner Burgess 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 Beedy, Yes; Commissioner Burgess, Yes.

The Chairman declared the motion carried and so ordered.

Board of County Commissioners

of Lincoln County

ATTEST: ______________________________

_________________________________ _________________________________

Clerk of the Board

EXHIBIT A

LINCOLN COUNTY POLICY

PUBLIC REQUESTS FOR MATERIALS / INFORMATION

EFFECTIVE: September 30, 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 no less than $25.00 for the entire list nor more than $.01 (one cent) for each name contained on the registration list, whichever is greater, per C.R.S. 1-5-303(3). An address label listing may be purchased for $.02 (two cents) per label, in addition to the above charges.

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 (s) are required, the county will require reimbursement at the rate of $25.00 per hour of employee (s) 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.

County Assessor Estelle Thaller and Jeremiah Higgins returned to the meeting requesting that Mr. Kimble examine the ACS computer contract because the company is refusing to complete the 2009 tax roll and print the 2009 tax notices due and payable in 2010. They are stating that the contract, beginning October 15, 2003 and expiring December 31, 2009, does not include the functions for the next year, since it is a six-year contract. Ms. Thaller argued that the 2009 tax roll and notices are a function of 2009, not 2010, so she wants Mr. Kimble’s opinion on the legality of their claim.

At 1:15 p.m., discussion resumed regarding the bids received for the roof replacement on the Hugo Union Pacific Railroad roundhouse and awarding the project. Ms. Devers said it appeared that they will be forced to accept the bid from McCauley Constructors, as CDOT refuses to acknowledge the Board’s reasons for not accepting the lowest bid. She added that since the money is stimulus funding, there is very close scrutiny as to how it is awarded. Mr. Kimble agreed, stating that it looked like the only logical choice was to take the stimulus money CDOT was offering by accepting the bid from McCauley, or else refuse the funding altogether, which Ms. Devers said they certainly did not want to do.

Mr. Burgess made a motion to withdraw the bid award to Sprung Construction in the amount of $589,200 for roof replacement of the Hugo Union Pacific Railroad roundhouse, based on CDOT direction. Mr. Beedy seconded the motion, which carried.

Mr. Beedy then made a motion to accept the bid of $478,845 from McCauley Constructors for roof replacement of the Hugo Union Pacific Railroad roundhouse, based on CDOT direction, in order to receive the stimulus funding. Mr. Burgess seconded the motion, which carried.

Mr. Kimble reported that he had received some information regarding the two percent sales tax on agricultural pesticides, stating that it appeared that taking action to remove the tax would have to go to a vote of the people. Mr. Beedy said he felt they should challenge that determination because they had been able to offer economic development incentives through a resolution, and he didn’t see what the difference would be.

Mr. Kimble said he would contact Dan Osborne and ask him and the meeting was adjourned until 4:30 p.m.

When the meeting re-convened, Lincoln Community Hospital CEO Herman Schreivogel and ERP Coordinator Mark Morrison met with the Board to discuss a combined EPR position for the hospital and the county.

Mark said that he’d had an opportunity to go through the Scope of Work that Tonda Scott provided the day before, and it appeared that there are several things in common with his position and the Public Health portion of EPR, so he felt the position could most definitely be combined. He added that he would help whoever was hired with whatever time he had, and Mr. Burgess wanted to know approximately how many hours the job would take.

It was decided that the EPR employee would most likely work forty hours per week, and Mark will contact Ms. Scott to see if she has a job description for the position. Possible salary and benefits were discussed, as well as whether the person would actually be a county employee or a hospital employee.

Mark commented that the $16,438 listed in the Scope of Work would pay for the deliverables, which would be a major portion of the salary; at least for 2010. He added that if the deliverables are not met; however, then the state would reduce the funding.

When Mr. Schreivogel and Mr. Morrison had gone, Ms. Devers said she’d received an e-mail from Larry Kallenberger regarding Colorado Department of Human Services recommendations and a meeting with the governor.

She had also received an e-mail from Greg Etl with DOLA, who told her that $20,000 can be moved between line items in the courthouse security grant, so they will be able to order the x-ray machine.

With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on October 6, 2009.

_________________________________________ _______________________________

Corinne M. Lengel, Clerk to the Board Steve Burgess, Vice-Chairman