Board of County Commissioners of Lincoln County

Agenda for December 30, 2009

9:00 Call to order and Pledge of Allegiance

9:05 Land Use Administrator Ken Morrison to present the Land Use Board’s decision on the special use permit application submitted by Elite Wireless for a cell phone tower and to request adoption of a resolution approving the revised Hazardous Mitigation Plan

9:30 The Board will conduct a hearing on the supplemental appropriation to the 2009 Library Fund budget

9:45 Chris Monks, Shop Foreman and Road Districts 1 and 2 Foreman, to discuss pickup purchases

1. Approve payroll and expense vouchers

2. Approve the minutes from the December 16, 2009 meeting

3. Review a letter and information from Preston Redmond, who is incarcerated at the Lincoln County Jail, concerning his safety and security

4. Review a letter from Funding Partners concerning a loan/grant with USDA Rural Development and requesting comments

5. Review information from Kara Cubbage with RES concerning county sales tax exemptions for energy projects

6. County Commissioners’ reports

7. County Administrator’s report

8. Old business

9. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on December 30, 2009. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess and Gary Beedy, County Administrator Roxie Devers, until noon, and Clerk to the Board Corinne M. Lengel.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Land Use Administrator Ken Morrison met with the Board to present the Land Use Board’s decision on the special use permit application submitted by Elite Wireless for a cell phone tower and to request adoption of a resolution approving the revised Hazardous Mitigation Plan. The Land Use Board had approved the application for special use permit #09-01 with the stipulation that county emergency service agencies be allowed to place a two-way radio repeater on the tower free of charge in the future, as the need for an additional repeater may arise. The tower will be located a mile and a quarter north of Arriba off of County Road 63 on the Andersen property.

Mr. Lyons wanted to know if it required board action, and Mr. Morrison said it did not, unless the commissioners had other conditions they wanted to place on the application. After some discussion, Mr. Burgess made a motion to require that orange balls be placed on the top wire of all guy wires. Mr. Beedy seconded the motion, which carried unanimously.

Since it is now a state requirement that each development site be investigated to ascertain that cultural or archeological resources will not be affected by development or improvements, Mr. Morrison asked if the commissioners wanted him to compose the letter, which they did. Mr. Beedy asked if the letter would be a requisite for all development permits or just for towers, but it was Mr. Morrison’s belief that it will be for everything.

Mr. Burgess made a motion to adopt a resolution approving the Northeast Colorado Hazard Mitigation Plan, approved by FEMA Region VIII. 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 30, 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 Present

when the following proceedings, among others, were had and done, to-wit:

RESOLUTION #743 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

WHEREAS, Lincoln County recognizes the threat that natural hazards pose to people and property within our community; and

WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and

WHEREAS, an adopted Multi-Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre-and post-disaster mitigation grant programs; and

WHEREAS, Lincoln County resides within the 10 county Planning Area and fully participated in the mitigation planning process to prepare this Multi-Hazard Mitigation Plan and its 2009 update; and

WHEREAS, the Colorado Division of Emergency Management and Federal Emergency Management Agency Region VIII officials have reviewed the 2009 update to the Northeast Colorado Regional Hazard Mitigation Plan and approved it contingent upon this official adoption of the participating governing body; and

NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of Lincoln County hereby re-adopts the Northeast Colorado Regional Hazard Mitigation Plan as an official plan; and

BE IT FURTHER RESOLVED that the Northeast Colorado Emergency Managers (NCEM) group will submit this adoption resolution to the Colorado Division of Emergency Management and Federal Emergency Management Agency Region VIII officials to enable the Plan’s final approval.

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 9:30 a.m., the Board conducted a hearing on the supplemental appropriation to the 2009 Library Fund budget. Mr. Beedy made a motion to adopt a resolution approving the supplemental appropriation of $3,000 to the 2009 Lincoln County Library Fund 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 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

ADOPTED this 30^th day of December, 2009

Board of County Commissioners

of Lincoln County

_______________________________

ATTEST:

______________________________

___________________________________ _______________________________

Clerk of the Board

Mr. Burgess made a motion to approve the minutes from the meeting held on December 16, 2009, as submitted. Mr. Beedy seconded the motion, which carried unanimously.

The Board reviewed a letter and information from Preston Redmond, an inmate at the Lincoln County Jail, concerning his safety and security. Ms. Devers said she’d submitted a copy to County Attorney Stan Kimble, as well as the county’s insurance carrier.

At 9:45 a.m., Chris Monks, foreman for Districts One and Two and the shop, met with the Board to discuss pick-up purchases. After informing the commissioners of a slight problem at the hospital having to do with a generator that the county has serviced since 1997, Chris said he’d spoken with LCH Director Herman Schreivogel about the issue this morning, and Mr. Schreivogel told him that the hospital would take care of it from now on and it would no longer be the county’s responsibility.

As for the purchase of two new pick-ups for Districts Two and Three, Chris said they got the state bids in and a 2011 Ford F250 from Heritage Ford in Loveland would cost $20,463; whereas a 2010 Dodge from Limon Chrysler is $24,870.

Mr. Burgess made a motion to purchase two 2011 Ford F250 pick-ups from Heritage Ford at a price of $20,463 each, to be delivered in March of 2010. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess requested that Chris speak with Sheriff Nestor about buying tool boxes, as the sheriff needs one and it may be cheaper to buy three all at one time.

Ms. Devers said she’d received a phone call from the Bee Hive asking who owns the drive-through/alleyway there by the annex and Bee Hive, as it needs to be plowed. Chris said he thought the town of Hugo would probably take care of it, but he will go by and look at it.

Mr. Burgess said that he would like for the departments to keep track of the mileage put on all county vehicles from the beginning of each year, starting in January.

At 10:30 a.m., County Assessor Estelle Thaller and Jeremiah Higgins, County Treasurer Jim Covington and Travis Nall met with the Board to discuss the recent maintenance problem in the break room between their respective offices. Apparently, condensation from the air conditioning units leaked down into the storeroom and ruined several boxes of envelopes and paper products, as well as created mold beneath several cabinets and around the sink. Travis said the cabinets, countertop and everything will need to be replaced and asked if the county would be required to have a contractor perform the labor since it will be an insurance claim. After a lengthy discussion, it was decided that all cabinets, countertops and the sink would be replaced, as well as an electrical outlet. The room will also be re-painted and Travis will do the work. The insurance has a $500 deductible and Travis estimated the entire project could be completed for around $1,700, which includes a larger sink, although that would not include any electrical work performed by an electrician or anything that Plains Heating and Air Conditioning might have to do with the air conditioners.

The Board reviewed a letter from Funding Partners concerning a loan/grant with USDA Rural Development, requesting comments, and Mr. Beedy thought they should at least find out what the loan/grant was for. Ms. Devers made a phone call and learned that they are working on something called the intermediate re-lending program, which will help with the construction of new, affordable housing or the rehabilitation of existing housing.

The Board also reviewed information from Kara Cubbage with RES concerning county sales tax exemptions for energy projects. Mr. Beedy felt that Lincoln County could negotiate something in the way of sales tax, as he believes that getting the transmission lines through the county is vital for future expansion, and if this project does not come through, it may be very unlikely that Lincoln County will see any transmission lines put in. Mr. Lyons said that he doubted that they would allow just anyone to hook onto the lines later on, and Mr. Beedy said that if it were a condition of the incentive agreement, then they would have to.

Both Mr. Lyons and Mr. Burgess felt that if RES would guarantee that there will be permanent jobs and that the holders of those jobs will reside in Lincoln County, they might reconsider an incentive, but stated that giving the incentive up front is not an option.

Mr. Beedy argued that the project will bring in a permanent tax base, and that currently, the incentive policy is designed so that if certain criteria are not met, the company has to pay it anyway.

Mr. Lyons and Mr. Burgess were adamant that they would not change their minds about their decision to deny the incentive, and Ms. Devers will contact Ms. Cubbage to let her know that the county will not reconsider.

Mr. Burgess reported that he attended the hospital board meeting on December 17 and the employee appreciation party on December 18. On December 28, he contacted Ms. Devers regarding the fact that the new fuel tanks put in at Genoa and Karval have a larger discharge valve than normal. Mr. Burgess said he ordered a new one from Eaton Sales for $788.01, but felt that if he didn’t, the county would be limited to one fuel supplier. Don Morrison with DJ Petroleum has one that Mr. Burgess thought he might be willing to sell to District Three. Otherwise, Mr. Burgess will order another one from Eaton. On December 29, Mr. Burgess had a phone call from RSVP Director Stacey Phythian about forward-contracting for fuel, as she has about $600 in federal funds that she will lose if it is not used. Mr. Burgess told her to go ahead and contract for the fuel.

Mr. Beedy reported attending the transit and rail committee meeting on December 17, as well as the county party on the Eighteenth. On the Twenty-ninth, he met with his road crew for a retirement party for one of the employees. He stated that his district plans on buying a John Deere tractor and loader for a total of $63,963.87. With the trade-in of their John Deere 6420 Tractor, the final purchase price will be $24,963.87, and he plans on taking the money from the remaining Capital Outlay line item of the 2009 budget.

Mr. Beedy made a motion to purchase a John Deere 6130D Tractor and a John Deere 673 Farm Loader from John Deere for Road District Three, totaling $24,963.87. Mr. Burgess seconded the motion, which carried unanimously.

Mr. Lyons reported he received a phone call from Bill Richmond on December 17, regarding the lease of his property, so Mr. Lyons explained the situation to him. He also spoke with Wendy Simmons about taking Carol Mannis’ place on the fair board in 2010, which she will do, and attended the hospital board meeting that night. He spoke with Herman Schreivogel that evening about the issue with public health, and Mr. Schreivogel said they would do whatever they could to help, and suggested somehow trading services between the entities. On December 21, Mr. Lyons spoke with Public Health Director Marty Wooten and asked her to provide the number of immunizations given by the office in 2009. On December 22, Mr. Lyons received a phone call from Betsy Rumely with Newfield Productions asking if he could give her any information regarding a condemnation suit with Ernie Dill, but Mr. Lyons did some checking and could find nothing. He told her she could possibly speak with Gene Vick or Roxie about it. On December 28, Mr. Lyons received a phone call from Chris Bledsoe regarding a gate drifted over with snow near Boyero, and that they went ahead and plowed it. On the Twenty-ninth, he spoke with Ms. Devers about the mold issue in the storeroom between the Assessor’s and Treasurer’s offices, as well as Amy Solomon about a desk at the Extension office, and Mick Jaques at the landfill regarding a company wanting to haul wood and tin from the old elevator in Arriba to the county landfill. Mick quoted them six dollars a yard, or about $180 a load. He also spoke with Chris Monks about plowing snow.

Mr. Burgess said they had faxed the Public Health job description to Buzz Cleveland, the hospital’s attorney, for review.

Ms. Devers reported that Chris Monks had called her and asked that the credit limit be increased on his county credit card, as he had called to make hotel reservations for several people attending a conference and couldn’t because the total was over his card limit. She contacted Mr. Lyons who told her to go ahead and increase the limit.

Mr. Burgess made a motion to increase the credit limit on Chris Monks’ county credit card to $1,000. Mr. Beedy seconded the motion, which carried unanimously.

When Mr. Lyons called for old business, Mr. Burgess said that they had never decided on a date to visit Ojukwu Abiakam at CDOT in regard to the two bridges that need attention. Several dates were considered and Ms. Devers will see if any of them will work for CDOT.

As for new business, Mr. Burgess said that Donna Metcalf would be willing to serve as a representative for Council of Governments again in 2010. He also commented that a grievance was filed by a past county employee who felt they were wrongfully discharged. Ms. Devers said she would inform Mr. Kimble and CTSI.

Ms. Lengel said she had been smelling natural gas off and on every day for the past month while sitting at her computer and that Travis had checked it out but hadn’t found anything. Mr. Lyons suggested they call Tony Bandy, which they did, and he will try to stop by on the Thirty-first.

The Board approved the December payroll and expense vouchers for the month, and then, with no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on December 31, 2009.

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