Board of County Commissioners of Lincoln County
Agenda for November 18, 2009
9:00 Call to order and Pledge of Allegiance
9:05 Take comments and respond to questions concerning Lincoln County’s USDA Rural Development grant application for a console for dispatch and storage for generators
9:30 County Treasurer Jim Covington to discuss his 2010 budget request
1:15 Review and make a determination on an Economic Development Incentive Application submitted by RES America Developments, Inc. for the Cedar Point Wind Energy project
1:45 Citizens Against Railroad Relocation (CARR) Board members to discuss coordination items
1. Approve the minutes from the November 6th and 9, 2009 meetings
2. Review the October reports from the Assessor and the Treasurer
3. Provide information requested by Terry Baylie with ECCOG concerning the transit service agreements with Lincoln Community Hospital Nursing Home and the BeeHive
4. Review and sign the employment contracts with Margaret Wooton for Public Health Director
5. Review the October reports of revenues and expenditures for Public Health, Capital Projects, Conservation Trust, Lodging Tourism Tax, E911, Landfill, Library, Road & Bridge and the individual road districts
6. Review the proposal from Eide Bailly to provide auditing services for the county and decide whether or not to schedule an interview
7. Review the bonds for McCauley Constructors for replacement of the roof on the Hugo U.P. roundhouse and issue the Notice to Proceed
8. Review the final draft of the 4-H Club Program Assistant job description and decide when to advertise
9. Review and sign the paperwork for a lease purchase with Wagner Equipment for three pieces of equipment
10. County Commissioners’ reports
11. County Administrator’s report
12. County Attorney’s report
13. Old business
14. New business
The Board of Lincoln County Commissioners met at 9:00 a.m. on November 18, 2009. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess and Gary Beedy and Clerk to the Board Corinne M. Lengel. County Administrator Roxie Devers was absent and excused until the afternoon session, and County Attorney Stan Kimble attended in the afternoon, as well. Kay Christie with The Limon Leader and Eastern Colorado Plainsman attended from approximately 1:30 p.m. until 3:45 p.m.
Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Social Services Director Colette Barksdale met briefly with the Board to provide information regarding Child Welfare and Child Welfare fatalities in Colorado. She also gave them a copy of data talking points that Colorado counties will be distributing next year.
When Ms. Barksdale had gone, the Board was scheduled to take comments and respond to questions concerning Lincoln County’s USDA Rural Development grant application for a console in dispatch and storage for generators. However, there were no public comments or questions. Mr. Beedy said that the EMS Council had voted to proceed with the purchase of the console, as it may take up to nine months before the grant funding is received, so they might have to wait that long to install the console. Ms. Devers had spoken to Julie Scruby with USDA, however, and was told that they should go ahead and purchase the console and have it installed in December, and she would try to work things out.
At 9:30 a.m., County Treasurer Jim Covington met with the Board to discuss his 2010 budget request. He had learned that he and his staff will be required to attend three days of out-of-office training on the new computer system they are having installed, which he had not known when he completed his budget request. It will take approximately $1,200 for hotel rooms and meals for them, as well as to have an employee from a neighboring county’s treasurer’s office come in and work the three days they will be gone, so that he doesn’t have to close the office. The Board agreed to increase the Treasurer’s Dues and Meetings line item by $1,200.
Mr. Covington asked that one of the commissioners stop by the landfill and impress upon the receptionist that it is a requirement that she sign the deposit sheets when she turns them in to the treasurer’s office. Mr. Burgess will take care of it.
Ms. Lengel asked the Board if they would allow some time before lunch for the elected officials to speak with them about the salary commission, and when they agreed, Mr. Covington said he would be back later.
Mr. Burgess made a motion to approve the minutes from the November 6 and November 9 meetings, as submitted. Mr. Beedy seconded the motion, which carried unanimously.
October reports from the Assessor and Treasurer were reviewed, as well as information requested by Terry Baylie with ECCOG concerning the transit service agreements with Lincoln Community Hospital Nursing Home and the BeeHive. The Board agreed not to make any changes to the agreements.
Mr. Burgess made a motion to sign the employment contracts with Margaret Wooten for Public Health Director, but Mr. Beedy had noticed that the agreement showed the county would pay a salary of $37,000 for the period beginning December 1, 2009 and ending June 30, 2010. He said he would feel better if it portrayed the actual monthly salary instead, as it may be misconstrued. He amended Mr. Burgess’ motion to include the change that $37,000 be changed to $3,083.33 per month with an increase to $3,333.33 per month for the period from July 1, 2010 through December 30, 2010, based upon Ms. Wooten’s performance evaluation. The motion carried unanimously.
The Board reviewed the October reports of revenues and expenditures for the County General, Public Health, Capital Projects, Conservation Trust, Lodging Tourism Tax, E911, Landfill, Library and Road & Bridge funds, as well as the individual road districts.
The decision was made not to grant Eide Bailly an interview for the firm to provide auditing services for the county, as they are too expensive, and the commissioners also chose to wait until later in the day when Ms. Devers and Mr. Kimble were in attendance to issue the Notice to Proceed for McCauley Constructors to replace the roundhouse roof.
After reviewing the final draft of the 4-H Club Program Assistant job description, which CSU Regional Director Joel Plath had approved of, the Board agreed to advertise for the position on November 25 and December 2, with interviews to be held at the December 16 commissioner meeting.
Mr. Burgess made a motion to adopt a resolution entering into a lease-purchase transaction with Wagner Equipment for three pieces of equipment. 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 November
18, 2009, there were present:
Ted
Lyons, Chairman Present
Steve Burgess, Vice
Chairman Present
Gary A. Beedy, Commissioner Present
Stan
Kimble, County Attorney Absent & Excused
Corinne Lengel, Clerk of
the Board Present
Roxie
Devers, County Administrator Absent & Excused
when
the following proceedings, among others, were had and done, to-wit:
RESOLUTION
#736 It
was moved by Commissioner Burgess and seconded by Commissioner Beedy 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 reported attending the EMS Council meeting in Arriba on November 10, stating that EMS may use some of their funds for the upgrades to the E911 system. On the Thirteenth, he attended the State Transportation Advisory Committee meeting and said he’d learned that the FASTER revenues are not coming in like originally anticipated. He also attended the CCI special tax and finance meeting where discussion was held about the proposals regarding the state budget. It seems the state may no longer be giving tax credits on renewable energy and agricultural pesticides, but might begin collecting tax on such things again. Mr. Beedy also received a complaint on one of the roads in his district.
Mr. Burgess participated in a phone conference with Baby Bear Hugs after the commissioners interviewed the public health applicants on November 9. Tom Westfall was the recipient of a $25,000 El Pomar grant, and he had given $15,000 to Baby Bear Hugs. On the Tenth, Mr. Burgess watched them pour concrete for the new fuel storage tank in Genoa, and on the Eleventh he drilled test holes under the bridge in District Three. He said they found quite a bit of water underneath, and they are now considering another option for replacing that bridge. On November 12, Mr. Burgess attended the Centennial Mental Health meeting in Limon, and on the Thirteenth he took a complaint on speeding trucks on County Road 4C. He contacted Washington County commissioner Lea Ann Laybourn who told him she would take care of it and Washington County would pay for any damage to the road. On November 16, Mr. Burgess worked on fence at Genoa, and on the Seventeenth he traveled to Yuma for another Centennial Mental Health meeting.
Mr. Lyons reported going by the landfill and looking at the fuel tanks on November 11, referring a road complaint to Mr. Beedy on the Thirteenth, and receiving a phone call from Joe Mayo on the morning of the Seventeenth regarding a cattle guard and whose responsibility it was to take care of it.
Mr. Lyons asked if there was any old business to discuss, and Mr. Burgess brought up the bridges again, stating that he had received another call from CDOT regarding whether or not the county would pay for the designs. He told Ojukwu Abiakam that the county would pay for the bridge designs, as long as they could use the stimulus funding for the alternative bridge options they have been working on through Big R. It was Mr. Burgess’ opinion that they set up a meeting with CDOT and Pete Niemann with Big R to put together a proposal. Mr. Niemann is supposed to be getting prices for the other two bridges in question.
Mr. Lyons asked if anyone had heard anymore from Kit Carson County about the radio tower, and added that no one had driven the coroner’s van yet to see if they could determine what the problems are. Mr. Burgess said he had forgotten about it, but would like to take it on about a two hundred mile road trip.
Mr. Lyons called for new business and Mr. Burgess said he had been considering adding a personal cell phone usage policy to the personnel policy and wondered if the others thought it might be necessary. It was decided that they would bring it up at the next department head meeting.
Ms. Lengel said she had received some information from Eagle County Clerk Teak Simonton, requesting letters from county commissioners supporting some kind of increase for elected official salaries beginning with the terms in 2011. County Treasurer Jim Covington, County Assessor Estelle Thaller and Jeremiah Higgins also attended the discussion.
Mr. Covington said that Sheriff Tom Nestor could not attend due to another commitment, but he wanted the commissioners to know that the Sheriff’s Association had submitted a letter to the commission supporting a three-to-five percent increase.
Ms. Thaller said that since elected officials are not allowed increases during their four-year term, per state statute, the big concern is that if the salaries are not increased on a regular basis, counties will fall so far behind that they will never be able to catch up later on. Along that same line, some counties are running into their deputies making more money than the elected officials.
Ms. Lengel added her thoughts to that comment as well, stating that if the county was hit with a mandatory fifteen or twenty percent increase later on, it could be an unbearable strain on future budgets. She added that Ms. Simonton’s letter asked for even a five percent increase, which would only amount to one-and-a-quarter percent per year, but at least it would keep the county moving in the right direction.
Ms. Thaller agreed; stating that she felt it needed to be supported in some manner, although not as large of an increase as some of the other counties were suggesting.
Mr. Beedy said he would support a six percent one-time increase with an annual cost of living increase based on the CPI, which was also something that had been discussed at one of the salary commission meetings. Ms. Lengel said legislation would have to support that change to statute, and Mr. Burgess added that he, too, would support a six-to-eight percent increase over a four year period, with annual cost of living increases thereafter, but no more than that.
Mr. Burgess made a motion to send a letter to the Colorado Salary Commission, supporting a one-time adjustment of six-to-eight percent in elected official salaries, including annual cost of living increases tied to the Consumer Price Index thereafter, beginning with terms starting in 2011. Mr. Beedy seconded the motion, which carried unanimously.
Mr. Burgess asked the other elected officials what their feelings were on a policy for cell phone usage being added to the personnel policy, and Mr. Beedy said it might be a good idea to contact CTSI and see if there is any liability to the county if an employee is involved in an accident while using a cell phone.
At 1:15 p.m., the Board reviewed an Economic Development Incentive Application submitted by RES America Developments, Inc. for the Cedar Point Wind Energy project. Patricia Vice and Limon Town Administrator Dave Stone were also in attendance.
Ms. Vice said that she normally uses the Anderson model when she puts together an impact analysis, but she had to use the JEDI model with this one, which doesn’t use quite as much detail. She used conservative local percentages and then supplied the data generated by the model to RES, who agree that the figures are accurate.
Dave Stone spoke up to request that the Board take into careful consideration that an incentive package is just that; an incentive to entice a business into the area and he cautioned that the commissioners not be swayed by comments regarding their giving away tax money.
Mr. Lyons commented that it was frustrating to have put so much effort into pushing the development permits forward to compensate RES, believing them when they said it was imperative to move quickly on the project. Now it seems the funding is not available and the project is on hold. Mr. Lyons said he thought they should not grant the incentive, and Mr. Burgess agreed, adding that he felt they should pay their fair share.
Mr. Beedy said he had a problem granting the incentive because they are too far into the process and if RES had requested the incentive to begin with, he might feel differently. Ms. Vice put in that she believed it was the legislation that triggered their application.
Mr. Burgess made a motion to adopt a resolution denying an Economic Development Tax Incentive to RES America Development, Inc. for the Cedar Point Wind Energy project, based on the fact that they were too late in requesting the incentive. 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 November 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
Present
Roxie Devers, County Administrator Present
when the following proceedings, among others, were
had and done, to-wit:
RESOLUTION
#737 It was moved by Commissioner
Burgess and seconded by Commissioner Beedy to adopt the following resolution:
WHEREAS, RES America Developments, Inc.
submitted an Economic Development Incentive application for the Cedar Point
Wind Energy project and requested the following:
Real
Property Tax Refund $ 5,000
Personal
Property Tax Refund $ 570,000
Sales/Use
Tax Waiver or Refund $6,500,000
WHEREAS, the application was found to
be complete and an economic impact analysis for the project was provided; and
WHEREAS, consideration was given to the
impacts to the county’s budget if the potential revenue was waived and/or
refunded, the amount/percentage of the request, and the submission of the
application approximately one and a half years after approval of the Use by
Special Review and Development Permit for the project;
NOW, THEREFORE BE IT RESOLVED by the Board of County
Commissioners of Lincoln County that the Economic Development Incentive
application submitted by RES America Developments, Inc. for the Cedar Point
Wind Energy project is denied in full.
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
At 1:45 p.m., Scott Ravenkamp, Becky Thompson, Kenny Yoder and several members of the Citizens Against Railroad Relocation (CARR) board met with the commissioners to discuss coordination items. Scott said that those who were able to attend the Stewards of the Range conference felt that there is a good chance they can stop the railroad relocation, as long as the steps in the coordination process are strictly followed.
Becky Thompson stepped in and explained that the Board must first understand the difference between coordination and cooperation, as CDOT will try to get them to fall into the trap of cooperating rather than coordinating. She went over a list of the next steps involved, beginning with setting up a meeting with CDOT. The CARR board also suggested meeting with Margaret and Dan Byfield and Fred Grant, who are very active in the Stewards of the Range group. They will help the commissioners organize and present their meeting with CDOT, and Becky cautioned that although it will be considered a public meeting, it will be a government-to-government meeting in which the public is not allowed to comment. She added that CARR is willing to pay expenses for the Byfields and Fred Grant to come out to advise the Board on that meeting.
Another step is to create an advisory board that will create talking points and keep the commissioners updated on what is taking place. Scott Ravenkamp added that they would try to get other districts such as school, fire and special districts involved, as well. They prefer that all counties interested in stopping the relocation project come to the same meeting, so that there are not numerous coordination meetings taking place. He recommended setting the CDOT meeting for sometime in January of 2010, although he did not believe that they would get a response from CDOT to their first request to meet.
Mr. Burgess made a motion to form an advisory board and to appoint Scott Ravenkamp, Becky Thompson, Kenny Yoder, Diane Clark and Travis Taylor to the board. Mr. Beedy seconded the motion, which carried unanimously.
Ms. Devers asked if the Board should send a letter right away, to which Becky said she would send a template to Ms. Devers and Mr. Kimble so that they had something to follow when drafting the letter from Lincoln County. Other discussion included who the letter should be sent to, and which parties should be included in the letter and requested to attend the meeting, as well as the fact that there is much more to the rail relocation than meets the eye. Scott said that the state is actually developing a corridor and that it has been in progress for quite some time; the freight line is just the tip of the iceberg.
Scott also said there is the need for the commissioners to send a letter to legislators requesting that black-tailed prairie dogs not be put on the endangered species list.
Once the audience members had gone, Lawn Thompson asked if the Board would consider writing a letter stating that the Lincoln County Sale Committee is its own entity and does not report or answer to anyone, so that they have it in their files for future sale committee members and boards of commissioners. Mr. Lyons said that they had not made a decision about it yet and would like to discuss it a little further, perhaps with the county attorney. Mr. Kimble asked if the organization was listed on the Colorado Secretary of State’s website under Articles of Incorporation, but Mr. Thompson didn’t know. Mr. Kimble said he would check into it.
The Board then reviewed the bonds for McCauley Constructors for replacement of the roof on the Hugo U.P. railroad roundhouse, and Ms. Devers said she’d been to a pre-construction meeting and was told that McCauley will be out either on November 27 or 30 to begin construction. They hope to complete the entire project by April 30, 2010. Mr. Beedy made a motion to sign the Notice to Proceed with McCauley Constructors for replacement of the roundhouse roof. Mr. Burgess seconded the motion, which carried unanimously.
Ms. Devers reported that she talked to Larry Daveline with McPherson, Breyfogle, Daveline and Goodrich about performing the county’s audit, but the firm wanted a five-year commitment with the cost for the first year being $20,000 to $25,000. Years two through five would be a little cheaper, but since they do not do the Cost Allocation Plan, Ms. Devers told him she didn’t believe the county would be interested in considering the firm at this time. They do not intend to submit a proposal, but will if the county cannot find another auditing firm.
Due to the state budget situation, the Department of Agriculture is looking at creating a cash fund to recoup some of the expenses for the Insectary, and wanted a voluntary contribution to the fund. Ms. Devers said the county has never used the resources of the Insectary and the Board agreed they would not contribute to the fund.
Ms. Devers provided information regarding the new requirement that counties have a countywide community wildfire protection plan, which the commissioners reviewed.
Mr. Burgess made a motion to purchase hams for the county employees for Christmas. Mr. Beedy seconded the motion, which carried unanimously.
The Board agreed to begin the November 30 meeting at 8:00 a.m., in order for them to leave and attend the annual CCI conference, but will start the November 25 meeting at the regular time of 9:00 a.m.
Ms. Devers informed the Board that the cost to run temporary electrical service to the roundhouse will cost $4,565.11 for the work on the roof, and the commissioners agreed that McCauley could bring generators with them and that they did not want to pay for the additional expense. She also said that they will have a webcam on the roundhouse construction site and the link can be put on the county’s website as well. Mr. Beedy said he’d been having technical difficulties with the website, but would see what he could do.
Ms. Devers provided information regarding a special CCI membership meeting on December 2, 2009, at the Crown Plaza in Colorado Springs, where there will be a panel presentation on three 2010 ballot initiatives that affect county government revenues.
Since the county offices in Kit Carson County had all been asked to cut their budgets by ten percent, Ms. Devers said she thought they should probably take the part-time RSVP position out of the Lincoln County budget, as she could not imagine that Kit Carson County would consider funding half of the position.
Ms. Devers also told the Board that RSVP Director Stacey Phythian had left a copy of a letter the Corporation for National and Community Service had sent to her, pointing out the strengths and weaknesses of the annual RSVP grant application, and making suggestions for corrections.
Mr. Kimble handed out information regarding imminent domain to the commissioners, and updated them on some of the sessions he would be attending at the upcoming county attorneys’ conference. He also answered Ms. Devers question regarding an email she had received concerning the DA revenue report.
Mr. Beedy made a motion to hire Ronny Farmer with rfarmer, llc to perform the audit of the county’s 2009 financial records. Mr. Burgess seconded the motion, which carried unanimously.
Mr. Burgess made a motion to cancel County General fund check #12670, issued to First Bankcard in the amount of $393.00, as payment was never received. Mr. Beedy seconded the motion, which carried unanimously. The check will need to be re-issued and the late fees paid.
While waiting for Robert and Tracie Kraxberger to request that they grant the county a twenty foot easement across their property, in order for the county to run a sewer line to the town’s main line from the fairgrounds, the Board spent some time discussing the 2010 budget and Road & Bridge equipment purchases and bridge repair or replacement.
Robert and Tracie arrived at 4:15 p.m., and Tracie’s main concern was the loss of grass and pasture ground where the Board was suggested the line be trenched. She had questions about what equipment would be used, how wide and deep the trenches would be, and how much grass would be lost.
After some discussion as to where the town’s existing line is, a call was placed to Hugo Town Manager Gary Ensign to request his presence at the meeting. When Mr. Ensign arrived, he clarified that the current sewer line is about seventy-five feet west of the old truck stop, which was not where Mr. Lyons and Mr. Burgess originally thought it was. Further discussion included rights-of-way, how far the line would need to run and where, the fact that the county should request a twenty foot easement in case anything ever happened to the line and it needed to be repaired, and who the owner of the old truck stop property is. The Board agreed they would have to find that out first, as they would have to obtain an easement there, as well.
Tracie said that if they agree to grant the easement, she would want them to make sure the dirt is packed down well so that the horses do not get hurt, adding that they have buried some of their pets on the ground also, and would appreciate it if that area is avoided.
Mr. Lyons said he had considered offering them $1,000 for damages, and Tracie thought that would be acceptable. The county will work on trying to contact the other landowner and then will let Kraxbergers know what the outcome is.
With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on November 25, 2009.
_________________________________________ _____________________________
Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman