Board of County Commissioners of Lincoln County
Agenda for December 7, 2009
9:00 Call to order and Pledge of Allegiance
9:05 Louis Martin and Chris Frasier with the Brett Gray ranch to give an update on the progress of installing new fences on a portion of the ranch property
10:00 Conduct a hearing for adoption of the 2010 Lincoln County budget
10:45 Beverly Newbanks with Social Services to present the Grandparents Grant for approval and signature
11:00 Public Health Director Marty Wooton to give an update on office activities
1. Approve additional expense vouchers
2. Approve the minutes from the November 30, 2009 meeting
3. Cancel County General check #12809 written to Aflac on November 30, 2009 for $1,186.35 since it was the incorrect amount
4. Review the November reports from the Treasurer and the Veterans Service Officer
5. Review a Notice of Public Hearing received from the State Board of Equalization
6. Propose a supplemental appropriation of $3,000 to the 2009 Library budget for a TANF Grant to Schools and Community Agencies received
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 December 7, 2009. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess and Gary Beedy, County Administrator Roxie Devers and Lisa Crawford, Deputy Clerk to the Board. Attorney Stan Kimble joined the meeting at 1:00 p.m. and Kay Christie with the Limon Leader and Eastern Colorado Plainsman arrived at the end of the meeting at 2:00 p.m.
Chairman Lyons called the meeting to order and led the Pledge of Allegiance. Chris Frasier and Louis Martin of the Brett Gray ranch then met with the Board to discuss the progress of installing new fences on their property and other grievances that neighboring ranches had voiced previously. Chris Frasier, who is leasing the ranch from the State Land Board, introduced himself and ranch manager Louis Martin. Mr. Frasier began by stating that since taking over the ranch a year ago March, he felt it had been an uphill battle to improve the fencing, but that they
were making progress. He stated that they had recently replaced corners and put in new gates as well as repaired fencing along County J. They expect the state to help with four-wire fencing along County Road J and other areas in the future. Gary Beedy added that he felt the state should take on more responsibility with the fencing and asked if there was anything the commissioners could do to help with that issue. Mr. Frasier responded that he felt everyone involved was working as best they could, and that it was under control at this time. When asked about the issue of bulls being pastured across from a neighbor’s heifers, Mr. Martin stated that when the bulls were brought in there were no heifers in surrounding pastures. He did admit he understood the neighbors’ frustration with the cattle in their yard and handled the issue accordingly. The workers who were responsible did not follow through with management orders. He felt he had addressed the problem and hoped it would not be an issue again.
Mr. Frasier then wanted to update the commissioners on the group of people who reenacted the World War II games and that he was not involved in inviting them here. The commissioners reassured him they had not received word that Mr. Frasier was involved. Instead, it was Barry Seymour’s land they were on and Mr. Seymour said they would not be back next year.
Mr. Burgess then motioned to approve the minutes from November 30, 2009 as submitted. Mr. Beedy seconded the motion which carried unanimously.
Mr. Beedy motioned to cancel County General check #12809 to AFLAC for $186.35 which was an incorrect amount. Another check was issued on December 1, 2009. Mr. Burgess seconded this motion and it carried unanimously.
The proposal of a supplemental appropriation of $3,000 to the 2009 Library budget for a TANF Grant to Schools and Community Agencies was then reviewed and Mr. Beedy motioned to propose the appropriation, Mr. Burgess seconded this motion which carried unanimously.
At a regular meeting of the Board of County
Commissioners of Lincoln County, Colorado held in Hugo, Colorado on December 7,
2009 there were present:
Ted Lyons, Chairman Present
Steve Burgess, Vice
Chairman Present
Gary Beedy, Commissioner Present
Stan Kimble, County
Attorney Absent & Excused
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:
RESOLUTION
#738 It was moved by
Commissioner Beedy and seconded by Commissioner Burgess to propose the
following resolution:
WHEREAS, C.R.S. 29-1-109 (1) (b) allows supplementary
budget appropriations by the governing body when unanticipated revenues not
assured at the time of the adoption of the budget are received from any source
other than the local government's property tax mill levy; and
WHEREAS, funds in the amount of $3,000 were received
from the Lincoln County Department of Social Services; and
WHEREAS, these funds were in payment for a TANF Grant to
Schools and Community Agencies to purchase books and supplies for specific
programs; and
WHEREAS, this income was not anticipated at the time of
the preparation of the 2009 budget; and
WHEREAS, whatever increases were made in the
expenditures, like increases were added to the revenue so the budget remains in
balance as required by law;
NOW,
THEREFORE BE IT RESOLVED by the
Board of County Commissioners of Lincoln County that $3,000 be appropriated
into the 2009 Lincoln County Library Fund budget;
BE
IT FURTHER RESOLVED that the
2009 Lincoln County Library Fund budget be increased by $3,000.00, thus making
the total Library Fund budget $34,386.
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
Mr. Burgess stated that he had attended the CCI conference in Colorado Springs from the afternoon of November 30 through December 2. On December 5, he then checked the electrical work that was done to fuel tanks in Genoa.
Mr. Lyons reported that he had also attended the CCI conference from November 30, through December 2. On December 3, he went to the ASC office to sign a grant for windbreak trees. He spoke to them about planting more trees at the landfill and suggested the commissioners should consider other areas to plant trees as well. On the Fourth he checked roads, and spoke to Kerry Halde on December 6 regarding the production from existing wells in Lincoln County.
Mr. Beedy stated he attended the CCI conference in Colorado Springs from November 30 through December 2, as well.
A hearing for the adoption of the 2010 Lincoln County budget was held at 10:00 a.m. Roxie Devers reviewed the department budgets and explained she had made a few minor changes. As there was no opposition to the budget it was approved and adopted as follows:
Mr. Burgess made a motion to adopt a resolution adopting the 2010 budget, as presented. 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 December 7, 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 Absent & Excused
Roxie Devers, County Administrator Present
when the following proceedings, among others, were had and done, to-wit:
RESOLUTION #739 It was moved by Commissioner Burgess and seconded by
Commissioner Beedy to adopt the following resolution:
WHEREAS, the Board of County Commissioners of Lincoln County, Colorado has the authority and responsibility pursuant to C.R.S. 29-1-103 to adopt a budget for Lincoln County for the 2010 calendar year; and
WHEREAS, in addition to the above referenced statute, the Board of County Commissioners also recognizes the passage of Amendment 1 to the laws of the State of Colorado on November 3, 1992, and has incorporated its interpretation of such Amendment into the 2010 budget; and
WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and a public hearing was held on December 7, 2009, at which time objections of the electors of Lincoln County were considered; and
WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law;
NOW, THEREFORE BE IT RESOLVED that the following spending limits are adopted for calendar year 2010:
General Fund $4,724,862
Road & Bridge Fund 5,066,868
Social Services Fund 3,102,767
Library Fund 32,261
Contingent Fund 170,666
Conservation Trust Fund 115,500
Weed Control Fund 35,315
E911 Fund 334,174
Capital Projects Fund 420,486
Landfill Fund 155,928
Retirement Fund 325,000
Lodging Tax Fund 108,000
Public Health Agency Fund 292,868
Hospital Fund 11,653,979
___________
Total $26,538,674
BE IT FURTHER RESOLVED that the mill levies established for the following funds are:
General Fund 27.65 mills
Road & Bridge Fund 10.00 mills
Social Services Fund 2.50 mills
Library Fund .40 mills
Capital Projects Fund 2.45 mills
Landfill Fund 1.00 mills
Public Health Agency Fund 1.00 mills
Hospital Fund 2.50 mills
___________
Total 47.50 mills
Less Temporary Property Tax Credit -
General Fund - 8.00 mills
___________
Total 39.50 mills
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
Mr. Beedy made a motion to adopt a resolution to appropriate funds for the 2010 budget. 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 December 7, 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 Absent & Excused
Roxie Devers, County Administrator Present
when the following proceedings, among others, were had and done, to-wit:
RESOLUTION #740 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:
WHEREAS, the Board of County Commissioners of Lincoln County adopted the annual budget in accordance with the local government budget law and the provisions of Amendment 1 on December 7, 2009; and
WHEREAS, the Board of County Commissioners of Lincoln County has made provision therein for revenues in an amount equal to the total proposed expenditures as set forth in said budget; and
WHEREAS, it is not only required by law, but also necessary, to appropriate the revenues provided in the budget to and for the purposes described below, thereby establishing a limitation on expenditures for the operations of Lincoln County;
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County, Colorado, that the following sums are hereby appropriated for 2010 from the revenue of each fund to each fund:
General Fund $4,724,862
Road & Bridge Fund 5,066,868
Social Services Fund 3,102,767
Library Fund 32,261
Contingent Fund 170,666
Conservation Trust Fund 115,500
Weed Control Fund 35,315
E911 Fund 334,174
Capital Projects Fund 420,486
Landfill Fund 155,928
Retirement Fund 325,000
Lodging Tax Fund 108,000
Public Health Agency Fund 292,868
Hospital Fund 11,653,979
_____________
Total $26,538,674
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
Mr. Burgess then made a motion to adopt a resolution to set the mill levies for the 2010 budget, as presented. 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 December 7, 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 Absent & Excused
Roxie Devers, County Administrator Present
when the following proceedings, among others, were had and done, to-wit:
RESOLUTION #741 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:
CERTIFICATION OF TAX LEVIES
This is to certify that the tax levy to be assessed upon all property within the limits of Lincoln County, State of Colorado, based on a total assessed valuation of $77,885,533 for the budget year 2010 as determined and fixed by the Board of County Commissioners, is:
General Operating Expenses:
General Fund 27.65
Road & Bridge Fund 10.00
Social Services Fund 2.50
Library Fund .40
Contingent Fund 0
Conservation Trust Fund 0
Weed Control Fund 0
E911 Fund 0
Capital Projects Fund 2.45
Landfill Fund 1.00
Retirement Fund 0
Lodging Tax Fund 0
Public Health Agency Fund 1.00
Hospital Fund 2.50
___________
Total 47.50 mills
Less Temporary Property Tax Credit –
General Fund - 8.00
____________
Total 39.50 mills
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
Sheriff Tom Nestor and County Treasurer Jim Covington were present for the budget hearing and Sheriff Nestor brought up a few issues he wanted to discuss with the commissioners. The first was the fact that he has housed a certain inmate for four years who was previously in the Limon Correctional Facility and he expects he will for at least another two years. Sheriff Nestor stated that this is very costly for the county, which includes not only his stay in the jail but outside services as well. Sheriff Nestor explained the DOC has also transferred other inmates to his jail. These offenders are on parole, but awaiting court for other offenses and due to the back-log in the court system, he feels he may have them for long periods of time. Since these former inmates are sometimes management problems, he feels by housing them in the county jail, it becomes a safety issue and is putting his staff at risk. Sheriff Nestor explained that this is happening all over Colorado, resulting in the County Sheriff’s Association working on a feasible solution. It is the sheriff’s hope that they will make some progress with it soon. Commissioner Beedy then stated that he felt it should be addressed in the legislature. Mr. Burgess and Mr. Lyons both agreed. All three commissioners advised Sheriff Nestor they would assist him in any way they could. It was decided that Sheriff Nestor will update the commissioners with the progress of the County Sherriff’s Association and if need be, a meeting will be scheduled with the appropriate people involved to discuss a solution.
Mr. Burgess then asked Sheriff Nestor about the traffic ticket revenue, which the sheriff stated was going well. He added that they had not had a problem with offenders not paying the tickets and had only one instance with an individual disputing the ticket in court.
Sheriff Nestor then added that the current meal plan is going well and without the one employee position it will save the department approximately $20,000.00 a year. He also brought up a question as to whether or not the commissioners should look into the possibility of using CTSI insurance for the inmates when there are medical costs involved while housing them. County Administrator Roxie Devers said she would look into this.
County Treasurer Jim Covington then reported that he had no issue to discuss and updated the commissioners on the current status of foreclosures in the county as compared to this time last year.
At 10:45 a.m., Social Services Case Worker Beverly Newbanks presented a CELK Grandparenting grant that needed to be signed by the commissioners. The grant is for $7,000.00 and will be divided up between twenty grandparents over the age of 55, who are raising their grandchildren. It is distributed once a year. Mr. Beedy motioned to approve and sign the grant. Mr. Burgess seconded the motion and it carried unanimously.
Public Health Director Marty Wooton then joined the meeting to give an update on her first week in the position. She has met most of the county employees and felt that her office staff was very supportive and she looks forward to working with them. She is setting up appointments to meet outside county agencies that she will be working with and her office has been busy this week visiting the area schools to give vaccinations. The commissioners offered any assistance they could give her, and asked that she come to them as soon as she had any concerns or questions to avoid any conflicts.
Under old business, Steve Burgess brought in bids for several bridge structure replacements from Big R Bridge for review. Mr. Beedy asked if the bids included a crew to assemble the structures and Mr Burgess said they did not. Both agreed that the road crews would need assistance in assembly of the structures.
County Administrator Roxie Devers then gave her report which included asking the Board if they wanted to make any changes to the landfill lease, which they did not. She passed out a Notice of Public Hearing from the State Board of Equalization and stated that it did not affect Lincoln County. She then asked the commissioners to review the applications for the 4-H Assistant position after the deadline closes, which will be at 4:00 p.m. on December 9. Interviews will be set up for December 16. Next, it was discussed that the landfill staff would be asked to attend the county luncheon/employee appreciation on December 18, and Ms. Devers said she would also put a notice in the papers that they would close at noon that day, as well as the other county offices. Ms. Devers stated that there needed to be a decision made as to whether or not the commissioners were going to grant a request from the Public Health Department for an extra storage room. All commissioners agreed that there is sufficient storage in the extension office that is available for the health department and they were all in favor of denying the request. Ms. Devers asked that the limit on Jeremiah Higgins’ county credit card be increased to $2,000.00 for next year and that Marty Wooten, the new Public Health Nurse, be given a credit card with a $2,000.00 limit, as well. Mr. Burgess made a motion to accept, Mr. Beedy seconded and the motion carried unanimously. Ms. Devers then gave the commissioners a Notice of Claim from the attorney for former employee Nova Waite. The claim is for injuries from the accident on August 20, 2009, that Nova received when she fell in front of Osborne’s Supermarket. The notice requests that a copy be sent to the county’s insurance, which Ms. Devers has done.
New business items were brought to the table by Commissioner Burgess, who commented that he was concerned over new cracks in the courthouse parking lot and mentioned it to Chris Monks. He also wanted to let the Board know that, while at winter conference, he was asked that Chris Monks be on the CARSE board, which all the commissioners agreed would be fine.
At 1:00 p.m., County Attorney Stan Kimble came to present the Grant for Easement agreement that he had drafted for the property owners involved in the fairgrounds sewer line. He found out the current property owners involved are Robert and Tracie Kraxberger and John and Vickie Hughs. The agreement was reviewed by the commissioners, who decided it would be sent to the Kraxbergers first, then the Hughes’. Mr. Beedy suggested that the next step would be to hire an engineer and get the land surveyed. Both Mr. Lyons and Mr. Burgess agreed.
Mr Kimble was given a copy of the Notice of Claim from Nova Waite’s attorney. He stated he also had one for the Town of Hugo. Mr. Kimble spoke with the commissioners about considering some updates to the County 1041 powers and adopting the nuisance ordinance he had developed. He also advised them of a meeting he had recently attended where the discussion of Medical Marijuana applications ensued. He suggested looking into putting some regulations in place. The commissioners agreed that it would be a good idea, and possibly adopting a moratorium for six months to develop them. Mr. Kimble said he would draw up a resolution using Limon’s moratorium as a guideline. Mr. Beedy then commented that he felt a resolution needed to be drawn up to consider working out the issues the county was having with the railroads. Commissioners Lyons and Burgess agreed and thought that CCI could be involved. Mr. Beedy said he would begin work on this.
The Board approved the remaining expense vouchers for the month of November, 2009.
CLAIMS
With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on December 16, 2009.
____________________________________ ____________________________
Lisa M. Crawford, Acting Clerk to the Board Ted Lyons, Chairman