Kiowa County Commissions Meeting Minutes – November 15

Kiowa County Courthouse
Published Thursday, December 22, 2016

The regular Kiowa County Commissioners meeting was called to order on November 15, 2016 at 9:00 a.m. by Chairman Richard Scott. Oswald opened the meeting with prayer and Pledge of Allegiance. Those in attendance:

Richard Scott, Chairman of the Board

Cindy McLoud, Commissioner

Donald Oswald, Commissioner

Delisa Weeks, County Clerk

Tina Adamson, County Administrator

McLoud moved and Oswald seconded the motion to accept the minutes as presented. All Commissioners voted Affirmative.

Oswald moved and McLoud seconded the motion to approve the vouchers as presented.All Commissioners voted Affirmative.

Oswald moved to disallow one voucher from the Sheriff's Surcharge Fund for the amount of $150.00 to pay for a bag piper. McLoud seconded the motion. All Commissioners voted Affirmative.

McLoud moved and Oswald seconded the motion to approve the agenda as amended, with 2 additions. The Marijuana Ordinance was added to old business and the membership for the Colorado Preservation Incorporated and N.A.C.E was added to New Business. All Commissioners voted Affirmative.

Old Business:

McLoud provided updates for the State Historical Fund and the DOLA Grant. McLoud said the DOLA Project is all up to date at this time. Oswald moved and McLoud seconded to sign the EIAF# 7467 letter which allows Commissioner McLoud and Christina Adamson as the Chief Administrators to the Department of Local Affairs (DOLA) Grant Project. All Commissioners voted Affirmative.

Administrator Adamson provided the estimate for the Rialto Motel and said we are still waiting on the state permit for asbestos removal.

Jan Richards with KCDEF provided written documentation in regards to a facility application grant. This would be for a purchase of a trailer that would be able to transport E-Waste. Adamson will request more information and will follow-up at the next meeting.

McLoud reported the next Stepping Up Initiative meeting will be held January 24, 2017 in Lamar, with a Community Corrections meeting to follow.

Administrator Adamson reported the Veteran's Day luncheon was very nice and well attended. Adamson said she wanted to thank everyone involved.

The law office of Lyons and Gaddis (attorneys for the Fire District) had contacted the commissioners in regards to the next steps that need to be taken to continue with the formation of the fire district.

Tammi Clark, Director of Prowers/Kiowa County Health Nurse Services; JoLynn Idler, Business Operation Manager and Lisa Thomas Coordinator for the Collaborative Management Program entered the meeting at 10:05 a.m. Scott moved and Oswald seconded the motion to recess the regular meeting and move into the Board of Health meeting at 10:06 a.m.. All Commissioners voted Affirmative.  Meeting adjourned at 11:20 a.m. Oswald moved and McLoud seconded to move back into regular session at 11:22 a.m. All Commissioners voted Affirmative.

Betsy Barnett, Pricilla Waggoner and Kayla Murdock with the Kiowa County Independent entered the meeting to review the letter Waggoner had sent to the BOCC. Barnett asked the Commissioners if they would reconsider in using the Kiowa County Independent as the County's legal paper for the 2017 year. Discussions followed as to whether the Kiowa County Press is still a legal newspaper or not. Barnett said that the Kiowa County Independent had filed all the information to become a legal newspaper with the U.S. Postal Service. Barnett has requested for expeditious services on behalf of the paper from the Postal Service. Scott said he would like to find out whether the Kiowa County Press is still legal or not, before he makes any decisions. Barnett, Waggoner and Murdock thanked the Commissioners for their time and exited the meeting at 11:50 a.m.

Oswald moved and McLoud seconded the motion to sign the Task Order Amendment #32017 IGA with the Colorado Department of Public Health. All Commissioners voted Affirmative.

Oswald moved and McLoud seconded to recess the meeting at 11:52 a.m. All Commissioners voted Affirmative. The regular meeting reconvened at 1:00 p.m.

Director of Social Services, Dennis Pearson entered the meeting to provide a monthly update from his department. Scott moved and McLoud seconded the motion to sign the (MOU) Memorandum of Understanding to allow the County Hotline Connection Center to answer the child abuse and neglect hotline 24 hours a day. All Commissioners voted Affirmative.

The Fair Board By-Laws & Resolutions were discussed. Oswald moved and McLoud seconded to adopt Resolution number 2016-9. All Commissioners voted Affirmative.

(The Resolution will be printed at the end of the minutes.)

Oswald Moved and Scott seconded to approve the By-Laws for the Kiowa County Fair Board. All Commissioners voted Affirmative.

The Shalberg Pond was discussed and decided it will remain closed due to the high salt content. The Department of Wildlife will notify the county if there are changes to be made.

There will be a Colorado Integrated Solid Waste Management meeting January 19, 2017 in Eads. There will also be some training made available for the Landfill Operator in January.

At 1:50 p.m. the Road and Bridge Foremen entered the meeting to discuss the 2017 budget. The foremen made suggestions as to where and which line items could be cut.

Sheriff Sheridan questioned if the money his department makes for the county thru the model traffic code could be used for the purchase of a new car. The commissioners explained it would be very doubtful that Sheridan would be able to purchase a new vehicle in 2017.

Danny Richards entered the meeting at 4:25 to discuss the water issues with the lakes. He reported the county is still in the running to receive water from the Fort Lyon Canal.  

NEW BUSINESS---Reports were provided and signed.

There were no time off requests made.

Clerk Weeks presented the Windmill Saloon Liquor License Renewal Application. The Sheriff's Office had reported no issues in the last year with the Windmill Saloon. McLoud moved and Oswald seconded to approve the liquor license renewal application. All Commissioners voted Affirmative.

Oswald moved and McLoud seconded the motion to sign the ACH agreement form for authorized signers for the Kiowa County National Bank. All Commissioners voted Affirmative.

The APHIS Work & Financial Plan was reviewed. Oswald moved and McLoud seconded to sign the 2017 Cooperative Service Agreement No. 15-7308-5504-RA.

This plan is primarily used for management of livestock predation, along with other wildlife issues. Cost estimates will vary from operation to operation. All Commissioners voted Affirmative.

The memberships for the Colorado Preservation Incorporated and N.A.C.E we both refused.

The next meeting will be November 22, 2016 at 9:00 a.m.

With no other discussions being presented, McLoud moved and Oswald seconded to adjourn the meeting at 5:25 p.m. All Commissioners voted Affirmative.

 

(Resolution 2016-9 appears below)

 

STATE OF COLORADO)

                                       )ss.

COUNTY OF KIOWA    )

 

At a regular meeting of the Board of County Commissioners for Kiowa County, Colorado, held at the County Courthouse in Eads on November 15, 2016, there were present:

 

Richard Scott, Chairman of the Board

Cindy McLoud, Commissioner

Donald Oswald, Commissioner

Delisa Weeks, County Clerk

Tina Adamson, County Administrator

 

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

RESOLUTION NO. 2016-9

 

RESOLUTION REPEALING ANY PREVIOUS RESOLUTION REGARDING THE KIOWA COUNTY FAIR BOARD, ESTABLISHING

THE KIOWA COUNTY FAIR BOARD, AND ADOPTING THE * KIOWA COUNTY FAIR BOARD BYLAWS

 

Recitals

 

A.WHEREAS, Sections 35-65-111 through 35-65-114, C.R.S., as amended, authorize the Board of County Commissioners ("BOCC") to conduct, operate, and manage annual county fairs "for the promotion of all mechanical  and  industrial  products  and  agricultural, horticultural, livestock, and other products and exhibits and also for the purpose of conducting races, sports, and other entertainment usually given  at  county fairs"; and

 

B.WHEREAS, Section 30-11-103, C.R.S., as amended, specifies the powers of the county as a body politic and corporate shall be exercised by the BOCC, and Section 30-11- l0l(l)(d), C.R.S., as amended, empowers the county to make all contracts and do all acts in relation to its property and concerns necessary to the exercise of the county's corporate or administrative powers; and

 

 

C. WHEREAS, it is appropriate for the BOCC from time to time to reaffirm its commitment to the Kiowa County Fair as a valuable Community Event and likewise to reaffirm its commitment to the Citizen Volunteers who serve on the Kiowa County Fair Board ("Fair Board") by ensuring the Fair Board is provided adequate resources and sufficient direction from the BOCC to meet their important mission.

 

NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Kiowa County as follows:

 

1.Any previous Resolution described above is hereby REVOKED AND REPLACED by the instant Resolution.

 

2.Pursuant to the statutory authority recited above, the BOCC hereby authorizes the continued existence of the Kiowa County Fair Board ("Fair Board") and reaffirms its commitment to conducting the annual Kiowa County Fair and Rodeo ("the Fair") as a valuable Community Event.

 

3.The Kiowa County Fair Board Bylaws ("Bylaws"), attached here as Exhibit A and incorporated in this Resolution as if set forth anew and in full, are hereby ADOPTED.
 

4.The Fair Board serves at the pleasure of the BOCC, is advisory  to the BOCC, and acts in accord with the instant Resolution, exercising only those powers expressly enumerated herein in order to conduct the Fair and other events, if any, reasonably  related to  it.

 

5.The purpose of the Fair Board is, in collaboration with Kiowa County Board of Commissioners, to ensure the successful promotion, production, and execution of the Fair each year. The Fair Board shall ensure Fair programing is of high quality and that programing improves annually, as reasonable. Fair programing shall embrace all ages, persons, cultures, and entities within Kiowa County; shall foster a spirit of community values; and shall promote the Western and agricultural heritage and history of Kiowa County.

 

6.The BOCC shall, through the County Administrator or her or his designee(s), provide reasonable and adequate administrative support to the Fair Board to ensure the Fair Board is able to fulfill its purposes as described herein. The County Administrator or her or his designee(s) shall develop written best practices and standard procedures with respect to all administrative support  for the Fair  Board.

 

7.In addition to any and all other reporting duties set forth in the Bylaws, the Fair Board shall present an evaluation report of the current year's Fair to the BOCC within 30 days following the last day of the Fair. The Fair Board shall present a proposed schedule of Fair events to the BOCC for approval as soon as practicable, and in no case later than April 1 each year.

 

8.The following Committees and Programs are hereby authorized, and the following Partners are recognized:

 

a. Junior Livestock Show Committee. The Junior Livestock Committee shall promote and conduct the sale, by auction, associated with the Junior Livestock Show and Sale ("Show and Sale") at the Fair. The Committee shall develop and enforce a set of rules regarding the Show and Sale, which together with any amendments thereto, shall be approved by majority vote of the Fair Board and will inform the BOCC of these changes. The Committee shall advertise or otherwise give recognition to all buyers and sponsors of the Show and Sale.

 

b. Open Class Exhibit Program. The Open Class Exhibit Program is an exhibition competition open to Kiowa County residents and conducted during the Fair. The Open Class Exhibit Program Chair shall recommend to the Fair Board appropriate open class events and shall be responsible for the planning, organization and conduct of the program. Program rules and any amendments thereto shall be approved by majority vote of the Fair Board and they will inform the BOCC of these changes.

 

c: Colorado State University Extension. The Colorado State University (CSU) Extension is a Partner of the BOCC and the Fair Board. The 4-H Program is one of the programs within the CSU Extension. The CSU Extension with the Junior Livestock Committee conducts the Junior Livestock Show, whose participants include 4-H members and FFA members. The CSU Extension also assists with the administration of the Open Class Exhibit Program. CSU Extension members and volunteers assist with the administration of the Fair as needed and in collaboration with the Fair Board and the BOCC.

 

d. Fair and Rodeo Royalty Program. The Fair and Rodeo Royalty Program is a competition and program open to Kiowa County residents, which is designed to provide an opportunity, traditionally for young women, to be spokespersons for the Kiowa County Fair and Rodeo, the sport of rodeo, the western way of life, and the community of Kiowa County. Program rules and any amendments thereto shall be approved by majority vote of the Fair Board and they will inform the BOCC of these changes.

 

9.The BOCC alone shall have the power to create and dissolve Committees with the recommendation of the Fair Board.

 

10.All Fair Board meetings throughout the year shall be noticed and conducted in accordance with the Colorado Open Meetings Law, Section 24-6-401, et seq., C.R.S., as amended, and the Bylaws. All records of the Fair Board shall be public records subject to inspection and reproduction pursuant to the Colorado Open Records Act, Section 24-72- 200.1, et seq., C.R.S.

 

11.All revenues received and assets purchased and/or used in the conduct of the Fair are the property of Kiowa County, Colorado. No part of the income of the Fair and no physical assets of the County shall benefit any Fair Board Member or Officer, except that the BOCC may reimburse Fair Board Members for reasonable, actual expenses incident to their duties as Fair Board Members. No Fair Board Member, Officer, or any private individual shall be entitled to share in the distribution of any County assets on dissolution of the Fair Board or termination of any associated fund accounts. Public fund distribution is controlled by the Colorado Revised Statutes.

 

12.The activities of the Fair Board, its Committees, and Programs are hereby declared to be an official part of the Fair. As such, the activities of the Fair Board, its Committees, and Programs are subject to the Colorado Governmental Immunity Act, Section 2410-101 et seq., C.R.S., as amended. All members of the Fair Board, its Committees, and Programs are "authorized volunteers" of the County and are, thus, considered "public employees" for purposes of the Colorado Governmental Immunity Act. All members of the Fair Board, its Committees, and Programs are "Insureds" under Kiowa County's casualty and property insurance.

 

13.The Fair Board, its Committees, and those conducting its Programs shall comply with all applicable county policies and procedures.

 

APPROVED AND ADOPTED, by the Board of County Commissioners of Kiowa County, this 15th day of November, 2016.

 

/s/ Richard Scott, Chairman

/s/ Cindy McLoud, Commissioner

/s/ Donald Oswald, Commissioner

 

Attest:

/s/ Delisa Weeks, Clerk & Recorder