Board of County Commissioners of Lincoln County
Agenda for February 18, 2010
8:00 Call to order and Pledge of Allegiance
9:00 Marti Wooton, Public Health Director, to give her monthly report
10:00 Citizens Against Railroad Relocation (CARR) Board members to discuss the Coordination meeting to be held on February 25, 2010
1. Review and approve the minutes from the February 8th meeting
2. Review the January 2010 reports from the Assessor and the Treasurer
3. Review the January 19, 2010 Tourism Board meeting minutes
4. Review the job announcement for the Community Energy Coordinator position funded by a grant from the Governors Energy Office
5. Adopt a resolution to conduct the August 10, 2010 Primary Election by mail ballot
6. Review a letter from Jo Downey with Council of Governments requesting input on ideas for regional tourism marketing for 2010
7. Review and sign the intergovernmental agreements with Kit Carson County for Public Health and the Public Health Specialist position
8. Complete the member update form for Progressive 15
9. County Commissioners’ reports
10. County Administrator’s report
11. County Attorney’s report
12. Old business
13. New business
The Board of Lincoln County Commissioners met at 8:00 a.m. on February 18, 2010. The following attended: Commissioners Gary Beedy and Ted Lyons, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. Chairman Steve Burgess was absent and excused, and Kay Christie with The Limon Leader and Eastern Colorado Plainsman arrived a little before 10:00 a.m.
Vice-chairman Beedy called the meeting to order and led the Pledge of Allegiance. Mr. Lyons made a motion to approve the minutes from the meeting held on February 8, 2010, as submitted. Mr. Beedy seconded the motion, which carried.
The Board reviewed the January 2010 reports from the Assessor and Treasurer, the January 19, 2010 Tourism Board minutes, and the job announcement for the Community Energy Coordinator position funded by a grant from the Governor’s Energy Office.
Ms. Lengel reported that she had only received four comments regarding holding the August 2010 primary election by mail ballot; all of which were in favor of the option.
Mr. Lyons made a motion to adopt a resolution to conduct the August 10, 2010 Primary Election by mail ballot. Mr. Beedy seconded the motion, which carried.
At a regular meeting of the
Board of County Commissioners of Lincoln County, Colorado held in Hugo,
Colorado on February 18, 2010 there were present:
Steve Burgess, Chairman Absent & Excused
Gary
A. Beedy, Vice Chairman Present
Ted
Lyons, 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
#749 It was moved by Commissioner Lyons
and seconded by Commissioner Beedy to adopt the following resolution:
RE: AUTHORIZING THE LINCOLN COUNTY CLERK AND RECORDER TO CONDUCT THE AUGUST 10, 2010 ELECTION BY MAIL BALLOT IN ACCORDANCE WITH C.R.S. SECTION 1-7.5-101, ET SEQ., THE “MAIL BALLOT ELECTION ACT”.
WHEREAS, the Colorado General
Assembly has found, determined and declared that mail ballot elections are
cost-effective and have not resulted in increased fraud; and
WHEREAS, by enactment of Article
7.5 of Title 1 of the Colorado Revised Statutes the General Assembly concluded
that it is appropriate to provide for mail ballot elections under specified
circumstances and under the supervision of the Secretary of State, subject to
rules promulgated by the Secretary of State; and
WHEREAS, the Board of Lincoln
County Commissioners finds it to be in the best interest of the citizens of
Lincoln County that the Lincoln County Clerk be permitted to conduct the
election set for August 10, 2010, by mail ballot.
NOW, THEREFORE BE IT
RESOLVED by
the Board of County Commissioners of Lincoln County, Colorado:
1.
That the August 10,
2010, election shall be conducted by mail ballot;
2.
That the Lincoln County
Clerk and Recorder is hereby designated as the election official for said mail
ballot election, pursuant to C.R.S. Section 1-7.5-104(1);
3.
That the Lincoln County
Clerk and Recorder shall conduct said mail ballot election under the
supervision of the Secretary of State and according to the rules promulgated by
the Secretary of State and by the provisions of Article X, Section 20 of the
Colorado Constitution and C.R.S. Section 1-7.5-101, et seq.
Upon roll call the vote was:
Commissioner Lyons, Yes; Commissioner Beedy, Yes.
Board
of County Commissioners of
Lincoln
County
_______________________________________
ATTEST: Gary
A. Beedy, Vice Chairman
____________________________________ _______________________________________
Corinne
Lengel, Clerk of the Board Ted Lyons, Commissioner
The Board reviewed a letter from Jo Downey with Council of Governments requesting input on ideas for regional tourism marketing for 2010, and gave suggestions such as the Demolition Derby and county fair, Limon Heritage Days and the Hub City Classic Car Show, and the Karval plover festival.
Also reviewed was the Intergovernmental Agreement with Kit Carson County for the Public Health Specialist and the Public Health Service Agreement. Mr. Lyons made a motion to sign the IGA and the Service Agreement. Mr. Beedy seconded the motion, which carried.
Public Health Director Marti Wooton met with the Board at 8:30 a.m. to give her monthly report. She has had several visits from state and regional contacts, and met with Lorene Nelson who is the regional contact for the Health Care Program for Children with Special Needs. Ms. Wooton felt this resource is underutilized in Lincoln County and commented that since there are definitely those who could benefit from the service, more needed to be done to create awareness of program availability. She also met with Dawn James, Kindra Mulch and Dee Kaster in Burlington, and was informed that Kit Carson County has a contract with Plains Medical Center and Gorden Clinic to offer family planning, STD and HIV counseling, and Women’s Health Cancer Programs. She also learned that Kit Carson County administers the EPSDT Program for Lincoln County, as well as the Environmental Health Programs, including restaurant inspections.
Ms. Wooton went on to report that the state nursing consultant had come for a visit and the Public Health Improvement Plan was reviewed. They also went over contract dates and the reporting system. She reiterated how happy she is to have Kathie Kessler on board in her office and they have both been communicating with Natalya Verscheure regarding the appropriate use of the H1N1 funds. Ms. Kessler has completed Co-Train, COHAN and ICS training and will go to Boulder in March for her ICS 300 and 400 training. Due to the number of meetings she will attend and the travel required, Ms. Wooton asked that the Board approve a county credit card for her so that she didn’t have to use Ms. Wooton’s.
Mr. Lyons made a motion to approve a county credit card for EPR Coordinator Kathie Kessler with a credit limit of $1,000. Mr. Beedy seconded the motion, which carried.
Ms. Wooton said she had spoken with Sally Henry about the dental grant through AHEC, and after reviewing the use of the dental grant funds, Ms. Henry told her that the funds can be used for any purpose and that she does not ask for financial reports.
Ms. Wooton finished up by informing the Board of some of the future meetings and training she will be attending, asked a couple of questions regarding her 2010 budget, and then wanted to know if the Board would allow Ms. Kessler to have a cell phone, as she really does need one. She said that H1N1 funds can be used to purchase it, and Ms. Devers said she would order it under the government specifications.
Mr. Lyons made a motion to go into executive session, per 24-6-402 (4) (b) C.R.S., to conference with an attorney to receive legal advice. Those remaining for the session were Mr. Beedy, Mr. Lyons, Ms. Devers and Ms. Lengel. The session was recorded and the tape recording is on file in the county clerk’s vault.
After coming out of executive session, Mr. Lyons made a motion to request a position statement from legal counsel rather than enter into mediation on the EEOC age and disability discrimination charge the county is facing. Mr. Beedy seconded the motion, which carried.
The Board reviewed the member update form for Progressive 15 and Ms. Devers will update it.
Mr. Beedy reported attending a Child Protection Team meeting on February 10, as well as a meeting with Tri-State regarding rebuilding transmission lines from Big Sandy to Midway. That afternoon, he attended a Retac meeting. On February 11, Mr. Beedy attended a State Transportation Advisory Committee meeting and on the Twelfth, he attended CCI. On the Sixteenth, he brought the enhancement grant application to Ms. Devers.
Mr. Lyons received a phone call from Kerry Halde on February 8, went with Sheriff Nestor and Undersheriff Nall on the Eleventh to look at a pit east of Hugo that might possibly be used as a firing range, and took a complaint about the road between Clifford and Boyero needing some gravel on it in places. On February 12, Mr. Lyons came to the courthouse to sign a letter for the Transportation Enhancement Grant application for the roundhouse, and on the Seventeenth he signed paperwork for the cost share on the trees at the ASCS office. Mike Mosher also notified him that water was running out of the septic tank at the fairgrounds and he was afraid there may be a leak somewhere. When Rob Fager was finally contacted, he said the leach field was probably draining back. Mr. Lyons said they had pumped off approximately twenty-two hundred gallons and was concerned of what could have happened if no one had been around to take care of it.
Ms. Devers said that although the GOCO grant application specifically states that they cannot spend grant funds on an already established facility, she would make certain the application stresses the problems the county is having with the current restroom, septic and leach field. She added that it is acceptable to hook into the town’s water line first, and then the restroom facility can be constructed at a later date. She added that they are required to have an environmental review completed, so she will contact Brian Johnson at the ASCS office.
There was no old business and Mr. Beedy commented that the only new business he had to discuss was what he had learned at CCI regarding proposed changes to current Onsite Wastewater System (OWS) regulations. Apparently, they are being reviewed again, as the state wants to require and take over doing inspections of all systems in the state every five years, at a cost of $360 each time, regardless of whether or not there are problems with the system. Mr. Beedy said that he felt the changes are being driven by inspectors and installers rather than homeowners, and said he’d asked Ms. Devers to write a letter voicing the county’s concerns.
At 10:00 a.m., CARR (Citizens Against Railroad Relocation) board members met with the commissioners to discuss the coordination meeting to be held on February 25, 2010 with members of CDOT. Members felt that one of the most important questions the commissioners can ask next week is if CDOT has started the NEPA process, and if so, when it was done and where they currently are in that process.
Mike Reystead said another important factor to consider is that the county must be very specific with any conditions they want to require of CDOT in the event the rail relocation project does actually become a reality, such as specifications on crossings. Mr. Lyons stated that the current land use regulations don’t address details regarding railroads and wanted to know if the commissioners would be setting the county up for a lawsuit if those regulations were to be changed at this time.
Mr. Beedy felt it would be okay, as long as the regulations were changed before a special use permit was requested, as the county has some leeway due to the use by special review regulation. He added that it probably wouldn’t hurt to start working on something now, however.
Referring to an e-mail sent to Ms. Devers by Becky Thompson, Mr. Beedy addressed the issue of recording the meeting on February 25 and having the recording transcribed. He said that the tape recorder the county uses is not of the best quality and may not pick up everything said in the jury assembly room. He felt someone should be hired to transcribe the meeting while it is being conducted, to be safe. Kenny Yoder also suggested that if someone couldn’t be found to perform that task, perhaps they could locate some better recording equipment.
Travis Taylor commented that this is solely an information-gathering venture at this first meeting and that the commissioners want to make sure they are not defensive or aggressive and that they simply ask their questions, but do not answer any questions that may be asked of them. He added that the concerns the county has about this project need to be laid out in an orderly and non-confrontational manner.
Mr. Beedy said one of his questions would be where the funding is coming from for the project, and Travis said that the main reason they were meeting with the commissioners today was to get a feeling of who wanted to ask which questions so that the CARR board could have some time to work on the answers before next Wednesday when the commissioners meet with Margaret Byfield and Fred Kelly Grant. Mr. Lyons said he would ask what economic benefit the project would have on Lincoln County, and Mr. Beedy will ask where CDOT is on the R2C2 study and how it ties in with the RMRA study. Travis added that another portion of that would be to ask why CDOT wasn’t studying the benefits and impacts in our area as diligently and efficiently as studied benefits and impacts along the Front Range. They will have Mr. Burgess ask a question regarding the environmental impacts the new rail line will have on Lincoln County.
Kenny Yoder ended the discussion by stating that they really don’t want to get into an argument with CDOT; they simply want to gather information that they can later prove means CDOT is out of compliance with federal regulations.
Ms. Devers had nothing to report and there was no other business to come before the Board, so the meeting was adjourned until 1:00 p.m. on February 24, 2010, at which time the commissioners will meet with Margaret Byfield and Fred Kelly Grant to prepare for the coordination meeting with CDOT on February 25, 2010.
________________________________________ ________________________________
Corinne M. Lengel, Clerk to the Board Gary Beedy, Vice-chairman