YUMA COUNTY COMMISSIONERS April 30, 2010 Minutes1 At 8:00 ...

YUMA COUNTY COMMISSIONERS
April 30, 2010
Minutes 1
At 8:00 a.m., the Yuma County Board of Commissioners met in regular session on the 30th of April, 2010, with
Chairman Robin Wiley, Commissioners Trent Bushner and Dean Wingfield present.
Administrator Linda Briggs was present throughout the day.
The commissioners reviewed with each other on affiliated meetings that each attended within the last two weeks.
May Declared Foster Care Month -
Carol Boden, Coordinator of Yuma County Foster Care Homes, requested the Board of County Commissioners
declare May as Foster Care Month. Others present for the event were: Dave Henson, Phyllis Williams, and
Dalene Rogers. A declaration statement was presented for consideration. A motion was made by
Commissioner Bushner to approve Resolution # 04-30-2010 C proclaiming May as Foster Care Month,
and was seconded by Commissioner Wingfield. The motion passed by unanimous vote. A photo of those
present was taken commemorating the event. (Resolution attached.)
Health and Human Services -
The commissioners conducted business with Dave Henson, Director of the Department of Health and Human
Services. Also present: Phyllis Williams and Dalene Rogers.
Road & Bridge -
In attendance from the Road & Bridge Department were: Supervisor Mark Shaw and Truck/Mining Foreman
Howard McGinnis, and Office Assistant Micki White. Road & Bridge personnel updated the commissioners on
road department activities.
The following were discussed:
• Rock for the chip-seal project is being delivered to the nearest staging area for use. The commissioners
determined that the expected surplus rock should be stored at the County Shop in Wray.
• Signs located in one general area have been shot and/or pushed over.
• Drain problems in Laird were discussed. The irrigation ditch allowed water to drain through town, because
there has been no maintenance, so weeds and grass obstructed the water flow. When the water was sold,
some property owners filled in the ditch. The commissioners confirmed the county should take care of the
culverts under the roads. The water should be kept from entering the community on the west side and
allowed to flow out of the community on the east.
• A person has said he would take the roof and rafters off of the old Kirk Shop for the material. He did not
want to demo the sides. The commissioners said a bid advertising the job should be placed in the papers
for complete demolition and removal. A notice of accepting bids for a new shop at the Kirk location can
go out at the same time.
• Shaw is finishing the equipment list to advertise for sale.
• McGinnis reviewed activities relating to gravel pits. Test drilling will be done on several locations in the
southern portion of the county.
1
These minutes prepared by Linda Briggs are summarized discussions, not verbatim.

Commissioner’s Meeting
April 30, 2010
Commissioner Wingfield moved to approve the Underground and Utility Permits for the following:
• The Augustus Energy Partners, LLC submitted the following road crossing requests:
1. To install a 3” water line under CR Q at 80’ south of CR 46.
2. To install a 3” water line under CR 47 at 80’ west of CR P.
3. To install a 3” water line under CR P diagonally NW across CR 46.
4. To install a 3” water line under CR 48 at 80’ west of CR P.
5. To install a 3” water line under CR 49 at 80’ west of CR P.
• The Petron Development Company submitted the following road crossing requests:
1. To install a 2” gas & 2” water line under CR N at 900’ north of CR 41.
2. To install a 2” gas & 2” water line under CR 41 at 900’ west of CR N.
3. To install a 2” gas & 2” water line under CR M at approx. 100’ south of CR 41.
4. To install a 2” gas & 3” water line under CR L at approx. 100’ south of CR 41.
5. To install a 2” gas & 2” water line under CR L at approx. 2800’ south of CR 41.
Commissioner Bushner seconded the motion, which passed unanimously.
Motion of April 15 relating to CREP rescinded.
Present: Mac McGraw, Sue Jarrett, and Rex Tracy
Around 9:30 a.m., the board reconsidered the motion made April 15, 2010 relating to a letter of support
requested by the Republican River Water Conservation District (RRWCD). Commissioner Bushner moved to
rescind the motion of April 15, 2010 relating to the CREP. Commissioner Wingfield seconded the
motion. The motion passed by unanimous vote.
Jarrett stated that she was aware that an agenda item relating to the request to support the CREP addendum had
inadvertently been left off the April 15 th agenda by staff. [The agenda posted on the commissioner’s bulletin
board for the public to review had not been replaced with the latest version of the agenda. The agenda item,
“Request of support for the CREP program for the RRWCD” was not on the posted agenda. Although, it was
on the agenda placed before the Board of County Commissioners the day of the meeting. The commissioners
agreed to reconsider the motion made April 15 at this meeting of April 30, 2010.]
Since the meeting of April 15 th , the letter of support request for the CREP program has been withdrawn by the
RRWCD. Because of this, no further action was taken by the Board of County Commissioners.
Sue Jarrett stated that appointees of the Board should be representing the Board of County Commissioners as a
whole. Discussion between the Board’s representative to the RRWCD and the Board of County Commissioners is
not on record. This person should represent the appointing body’s wants and desires.
Mac McGraw, representing US Senator Michael Bennett, said it is a tough seat the commissioners are in at
times. The commissioners voiced appreciation to McGraw for coming to events in Yuma County.
Clerk Beverly Wenger –
Clerk Beverly Wenger discussed the following with the Board.
• A copy and convenience fee was requested and discussed. This would be for documents being requested
electronically or on a CD. Wenger said there is a request pending for approximately 118 different
document types from January 1, 2009 to December 31, 2009. Discussion of the fee amount pursued.
Wenger made the recommended changes and returned with the resolution. Commissioner Wingfield
moved to approve Resolution # 04-30-10 E which sets a copy and convenience fee for copies of
public records in a CD form. The fee for one year of public recordings is $1,500.00. Partial year
requests will be $30.00 per week. Commissioner Bushner seconded the motion. The motion
passed by unanimous vote. (Resolution attached.)
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Commissioner’s Meeting
April 30, 2010
• Following review of the document, Commissioner Wingfield moved to ratify the Eastern Region
County Clerk and Recorder Fees for operations in the Clerk’s offices. Commissioner Bushner
seconded the motion. The motion passed unanimously. (Fee chart attached.)
• Wenger presented quotes from Wray Redi Mix, Chamberlain Construction LLC, and JR Colden for
replacing the handicap ramp at the south entrance of the courthouse. Commissioner Bushner moved to
accept the quote of $11,375 from Wray Redi Mix. Commissioner Wingfield seconded the motion,
which passed by unanimous vote.
• Wenger informed the commissioners she would be closing her office Wednesday, June 9 th for staff
training.
• The commissioners were asked how they felt about the recording program demonstration from
Computer Software Associates, Inc. which took place at the last meeting. Discussion pursued. Wenger
said she could pull out a couple of the program components to reduce the cost. The contract with the
current company ends in October 2010. She would like to be able to switch to the new program prior to
this deadline. Wenger will return with what the cost will be, less those programs not essential at this
time.
• Gilpin County has offered to do the ballot creation for several counties. A certification is required by
them to operate on Hart equipment. Wenger said she will go with Gilpin County as their cost is 41%
less than what Hart charges. There will be a mail ballot drop-off location in the City of Yuma this year.
• The State is now requiring all plate numbers be sent to them when licenses plates are disposed of in the
landfill.
Pat Duran / Yuma County Economic Development –
Pat Duran, Director of Yuma County Economic Development, informed the commissioners that HB 1396 was
killed. Duran stated that, had the bill passed eliminating enterprise zone credits and contributions, it would have
been crippling to the rural communities. HB 1200 which limits the Enterprise Zone credits to $250,000
annually will probably pass, but it will have no affect on Yuma County, as no Yuma County Enterprise Zone
credit hits this maximum limit.
Some meetings are taking place to increase the electric grid capacity from the region. Increasing capacity from
the Tri-state location in Wray to Burlington is being discussed in addition to others.
Kara Hoover / Wray Rehabilitation and Activities Center, Inc.
Kara Hoover, Executive Director for the WRAC, informed the commissioners of the need to make heating,
ventilating, and air-conditioning improvements to the facility. They have been making repairs as needed, but
these are not permanent fixes. Some of the equipment parts are no longer available. They received some quotes
for replacing the current equipment, but they came in higher than a new heat pump proposed by Honeywell.
Hoover is submitting a grant to USDA requesting funds and will be pursuing additional grants where they are
eligible. A letter of support was requested. Following additional discussion, Commissioner Wingfield moved
to give a letter of support to the WRAC for a USDA Grant. Commissioner Bushner seconded the motion,
which passed unanimously.
Cliff Henry / Yuma County Landfill –
Cliff Henry, Supervisor of the Yuma County Landfill, informed the commissioners that employee Theodore
Swab resigned his position at the landfill, as that was the only means for him to get his retirement funds. It was
decided the position would be advertised as per the Yuma County Employee Manual.
Evan Schiel-
Evan Schiel, deputy of the sheriff’s department, living in the county house at 5981 County Rd M, north of Kirk,
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Commissioner’s Meeting
April 30, 2010
asked the commissioners if he would be allowed to have a dog while living in the county owned house.
Discussion centered on the need to keep the dog from causing damage. Schiel assured the board he would keep
the property clean and free from damage. Commissioner Wingfield moved to amend the lease and allow one
dog, with the understanding the dog is to be outdoors the majority of the time. Commissioner Bushner
seconded the motion. The motion passed by unanimous vote.
Land Use –
At 1:00 p.m., Chairman Robin Wiley opened the hearing for public comment on an Exemption from Subdivision
for Ronald E. Nelson.
Briggs gave the staff report. Briggs said the planning commission had reviewed these requests on April 20, 2010
and recommended approval. No calls have been taken or correspondence received at the administrative office
relating to this application.
The commissioners reviewed the planning commission recommendations on the applications. Through a duly
made motion around 1:06 p.m., the hearing was closed.
Commissioner Wingfield moved to approve the Exemption from Subdivision for Ronald E. Nelson to
divide .22 plus or minus acres from 11.68 plus or minus acres in the SE/4 of Section 3, T1N, R47W, to
separate this parcel which contains a shop building, for financial reasons. Commissioner Bushner seconded
the motion, which was approved unanimously.
Commissioner Bushner made the motion, which was seconded by Commissioner Wingfield to approve
Resolution # 04-30-10 A (Permit # 0310-01) a Yuma County Major Land Use Development Permit to
Robert and Kim Richmond, Jr. and Mike and Peggy Hassman to open a restaurant in a building
previously used as a church, located in S/2 SW/4 Section 2, T1N, R44W, also known as 29231 County
Road 35, Wray, Colorado.
And
Resolution # 04-30-10 B (Permit # 0310-02) a Yuma County Major Land Use Development Permit to
Jimmie E. Henson and John Porter to use a vacant house for commercial use located in NE/4 SE/4
Section 6, T1N, R43W, also known as 32106 S. Railway St., Wray, Colorado.
The motion passed by unanimous vote. (Resolutions attached.)
Administrator’s Report -
Administrator Linda Briggs reviewed calls, correspondence, and presented the following for action:
Commissioner Bushner moved to approve Resolution # 04-30-10 D approving the Economic Development
Incentive Reimbursement to Yuma Ethanol, LLC in the amount of $110,300.05 for the 2009 taxes paid in
April of 2010. Commissioner Wingfield seconded the motion, which passed unanimously. (Resolution
attached.)
A motion was made by Commissioner Bushner and seconded by Commissioner Wingfield to approve the
minutes of March 22, March 31 and April 15, 2010. The motion passed unanimously.
Commissioner Bushner moved to approve Yuma County Permit Ordinance 1982-1 for the following:
1 Augustus Energy Partners Company wells:
Barber 11-18 5N46W Blach 42-31 4N47W J. Brophy Estate 34-31 1S43W
Godsey 44-35 2N46W Wakefield 14-19 1N45W Ward 13-17 3N46W White 44-35 1N46W
2 Rosetta Resources Operating LP well:
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Commissioner’s Meeting
April 30, 2010
Republican SWD (water injection well site)
Commissioner Wingfield seconded the motion. The motion passed by unanimous vote.
A check was signed by the commissioners to transfer interest from the accounts payable and payroll clearing
account in the amount of $19.68 for the month of April, 2010.
Commissioner Bushner moved to sign: 1) change order number 1 with Honeywell to delete the
courthouse retro-commissioning from the scope of work; 2) the performance bond and payment bond as
the obligee for Job #941-19105 on the interior lighting, street lighting, path lighting, windows, pool cover
and solar thermal at the pool projects with Yuma County and City of Wray. Commissioner Wingfield
seconded the motion. The motion passed unanimously.
Certification of Accounts Payable for April 30, 2010, checks #45199 through #45301 and checks #5577 through
#5592, totaling the sum of $491,402.28, were approved and signed by Chairman Robin Wiley.
Certification of Payroll for April 30, 2010, EFT system #29998 through #30125 / checks: #28813 through #28836
and EFT system #4484 through #4497 / check: #4323, totaling the sum of $247,367.23, were approved and signed
by Chairman Robin Wiley.
The commissioners made their routine inspection of the jail.
There being no further business, the meeting was adjourned at 5:00 p.m. The next meeting of the board will be
May 17 and May 28, 2010.
A listing of meetings attended by the Commissioners during the month of April 2010 is attached.
Robin Wiley, Chairman
Linda Briggs, Administrator
ATTEST:
Beverly Wenger, County Clerk
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