Board of County Commissioners of Lincoln County

Agenda for October 6, 2009

9:00 Call to order and Pledge of Allegiance

9:05 Fairgrounds Manager Mike Mosher to discuss his 2010 budget request for the fairgrounds

1. Approve additional expense vouchers

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

3. Review a letter from Deb Young with CSU Extension agreeing to the proposed 4-H Program position being a county employee

4. Review the September reports from the Sheriff and the Treasurer

5. Discuss offering a supplement life benefit to the employees through the County Health Pool

6. Review and sign the paperwork for the lease/purchase of a 2007 Caterpillar 140H motor grader from Caterpillar Financial Services

7. County Commissioners’ reports

8. County Administrator’s report

9. County Attorney’s report

10. Old business

11. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on October 6, 2009. The following attended: Chairman Ted Lyons, Commissioner Gary Beedy, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. Commissioner Steve Burgess was absent and excused.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Fairgrounds Manager Mike Mosher met with the Board to discuss his 2010 budget request for the fairgrounds. The Superintendents line item was increased to $3,250 and the Judges line item was decreased to $3,250; Operating Supplies was increased to $2,500; Advertising and Notices was decreased to $1,000; Utilities – New Building was decreased to $4,500 and Trash Removal and Septic was increased to $3,000.

Ms. Devers also asked Mike to begin providing a monthly building usage report, starting with October, as requested by Mr. Burgess at one of the prior meetings. She said if he would send it to her, she would pass it on to the Board at the first November meeting.

The restroom facilities at the fairgrounds were discussed and Ms. Devers said she’d sent an e-mail asking if engineering expenses would be an allowable expense when conservation trust funds were involved. However, she had not yet received a response. She asked the Board if they wanted to try and complete the project in increments, but the commissioners felt that the entire thing hinged on obtaining grant funds. Mr. Beedy said he’d been thinking about it and wondered if a new restroom facility was even necessary at this time, asking Mike if he thought the Ellis Allen building restrooms would handle the additional influx of people if it could be put onto the city sewer system. He added that if they could install a lift station, they might be able to get by with using the existing building, although they would probably want to design it so that a new facility could be added in the future.

Mr. Lyons commented that they had never heard back from Gary Ensign regarding the subject, and added that if they spent the money on hiring an engineer, they had better be committed to completing the project.

Mr. Lyons also stated that one of the fair board members had made a comment that the demolition derby organizers should possibly be charged for use of the fairgrounds for their event, and Ms. Devers responded that she believed Mike Vaughn had said they try to put some of their proceeds back into the community, as well as use them for the following year’s event.

The minutes from the meeting held on September 30, 2009, were approved as submitted, and the Board reviewed a letter from Deb Young with CSU Extension, agreeing to the proposed 4-H Program position being a county employee.

The Board also reviewed the September, 2009 Sheriff’s report, Treasurer’s reports and Assessor’s report, as well as supplemental life benefit information for county employees through the County Health Pool. Both commissioners agreed that it was not necessary to offer the supplemental benefit at this time; Mr. Lyons commenting that he didn’t believe there would be enough interest among the employees to justify it.

The paperwork for the lease/purchase of a 2007 Caterpillar 140H motor grader for District Two was reviewed, and Mr. Beedy made a motion to adopt a resolution authorizing the lease/purchase with Caterpillar Financial Services. Mr. Lyons seconded the motion, which carried.

At a regular meeting of the Board of County Commissioners of Lincoln County, Colorado held in Hugo, Colorado on October 6, 2009, there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Absent & Excused

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Absent & Excused

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 #735 It was moved by Commissioner Beedy and seconded by Commissioner Lyons to adopt the following resolution:

WHEREAS, COUNTY OF LINCOLN, COLORADO (the "Governmental Entity"), a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of Colorado (the "State"), is authorized by the laws of the State to purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into contracts with respect thereto; and

WHEREAS, in order to acquire such equipment, the Governmental Entity proposes to enter into a lease-purchase transaction pursuant to that certain Governmental Equipment Lease-Purchase Agreement (the "Agreement") with Caterpillar Financial Services Corporation, the form of which has been presented to the governing body of the Governmental Entity at this meeting;

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that:

Section 1. Approval of Documents. The form, terms and provisions of the Agreement and all other schedules and exhibits attached thereto are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be approved by counsel of the Governmental Entity or other members of the governing body of the Governmental Entity executing the same, the execution of such documents being conclusive evidence of such approval; and the persons holding the titles listed below or any other officer of the Governmental Entity who shall have the power to execute contracts on its behalf are hereby authorized and directed to execute, acknowledge, countersign and deliver the Agreement and all exhibits attached thereto, and the Clerk of the Governmental Entity is hereby authorized to attest to the foregoing and affix the seal of the Governmental Entity to such documents.

Section 2. Other Actions Authorized. The officers and employees of the Governmental Entity shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement.

Section 3. No General Liability. Nothing contained in this Resolution, the Agreement, or any other instrument shall be construed with respect to the Governmental Entity as incurring a pecuniary liability or charge upon the general credit of the Governmental Entity or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Governmental Entity or any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the Governmental Entity as provided in the Agreement.

Section 4. Authorized Signatories. Following are the true names, correct titles and signatures of the incumbent officers referred to in the foregoing resolution:

Section 5. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.

Upon roll call the vote was:

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. Beedy said he didn’t have much to report, other than that they had been working on options for exchanging the loader in District Three.

Mr. Lyons reported he’d received a phone call from Scott Ravenkamp the day before, wanting to update him on the C.A.R.R. meeting held last Sunday. Mr. Lyons told him they would call him during the meeting.

Ms. Devers reported that the commissioners had gotten an e-mail from Gini Pingenot with CCI informing them that Colorado would be receiving $5.5 million for meeting the TANF work participation rates for FFY 2007. The Works Allocation Committee recommended to DHS Director Karen Beye that the money be distributed in proportion to a county’s relative share of the SFY 2007 Colorado Works (TANF) block grant, which Ms. Beye approved. Lincoln County’s share of $6,434 would not necessarily have to be spent on Social Services programs, but can be.

Another e-mail, this one from Jeanne DeHaven with CCI, regarding meetings of the Business Personal Property Tax Task Force was reviewed, and Ms. Devers also reported that Stacey Phythian had given her a fax from George Garner regarding the RSVP building lease being renewed and good through August 31, 2010.

A phone call was placed to County Attorney Stan Kimble to see if he had anything to report by phone, and Mr. Kimble said the only thing he had was an e-mail from Sheriff Nestor regarding an annual World War II reenactment down in the lower L, which was causing problems with residents in the area. Mr. Kimble said there really is no county ordinance to justify action; however, there may be some private nuisance clauses in state statute. He said that one of the residents in that area had contacted him and he had given them the name of an attorney.

Ms. Devers commented that Public Health Director Tonda Scott had responded to Mr. Lyons’ question regarding what would happen if the county said they were not going to have an EPR person, stating that the county is held accountable to provide Emergency Preparedness and would simply end up doing it without funding.

The commissioners discussed whether or not to have Ms. Scott continue to work for the county from a remote location, and Mr. Beedy said he felt they really didn’t have a choice. Ms. Devers calculated her hourly wage, and a call was placed to Ms. Scott to see how many hours she felt she might need to complete and submit the required paperwork. She said it would be no more than forty hours a month, as there were two reports due in November, some in December and some in January. She was agreeable to completing the work for twenty-one dollars per hour, adding that she would still need access to the state websites, so requested that Ms. Devers not send letters asking that her access be denied.

Mr. Beedy made a motion to contract with Tonda Scott for $21/hour, not to exceed forty hours per month, to complete necessary paperwork and reports for the Public Health department from a remote location. Mr. Lyons seconded the motion, which carried.

Ms. Scott said she would send her information to Karen Mosher at the Public Health office, in order for Karen to make sure that the specific programs were billed for Ms. Scott’s hours, so that they could reimburse the county for her time.

Ms. Devers reported that she had contacted the Denver Post to see what it would cost to place the Public Health Director position in their newspaper, and it would be almost $2,000. Therefore, she had put the ad in the Mile Saver Shopper and requested that it be run again in the other local papers.

She also reported that Carl Dutro had contacted Pepsi, and they will complete the necessary paperwork to change over the machine in the courthouse. He was going to try and locate some other used vending machines, as well.

Sheriff Nestor had called earlier, and the sanitizer in the jail kitchen had broken down and water was all over the kitchen. It would cost $2,000 to repair the old one, or they could purchase a new one for $3,600. Ms. Devers told him to go ahead and order a new one and they could use Capital Projects funds to pay for it.

The Board called Scott Ravenkamp to get his update from the C.A.R.R. committee meeting, and Scott said they were planning on meeting with Dan Byefield before the Stewards of the Range conference the first weekend of November. He asked that the commissioners attend that meeting, if at all possible. Mr. Lyons and Mr. Beedy said they could probably attend if the meeting was held on November 5, so Scott said he would try to get it set for that afternoon.

The Board approved the remaining expense vouchers for the month of September, 2009, and then, with no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on October 16, 2009.

CLAIMS

__________________________________________ ____________________________

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