Commissioners Meeting Minutes

July 2, 2004

Regular Meeting of the Kiowa County Commissioners was called to order by Vern Harris, Chairman on May 27, 2004 at 9:01 a.m. Harris opened the meeting with a "word of prayer". Those attending were: Vern Harris, Commissioner; Rodney Brown, Commissioner; Betty V. Crow, County Clerk; Karen Krueger, Administrative Assistant; Bill Yohey, Administrative Intern.

After the vouchers were reviewed and discussed the approved vouchers were signed.

Brown made the motion to approve the minutes of the Regular Meeting held on Thursday May 13th and the Special Meeting held on Friday May 21st, as read. All commissioners voted affirmative.

Dwight Lessenden, Landfill Operator, met with the commissioners to report on the recent inspection of the landfills. He stated that Julie with the Department of Health had a few suggestions to correct but basically she commended the county in attempting to place their landfills in compliance. Commissioners also visited with Dwight about switching his hours on Monday at the county shop and assist with the new maintenance person at the courthouse in attempting to do some spring cleaning.

Eikenberg entered the meeting at 9:45 a.m.

Mike Beeson with Eagle Television met with the commissioners to report and discuss several items of interest, to wit: (a) Generator installed (b) Channel 5 problems. After much discussion, Eikenberg made the motion, seconded by Brown to replace Channel 5/50 with a new translator instead of attempting to keep repairing said channel. All commissioners voted affirmative. The county had installed new translators for Channel 11 and 13, therefore with the new installation of Channel 5 this should conclude the up date of the counties translators. The commissioners feel it is real important to keep the television reception good for the benefit of the county because of the results of the county wide survey taken recently which the public rated the need of TV coverage very high.

Beeson, acting as a hospital board member, discussed concerns in regard to the new Kiowa County Assisted Living Facility as to what coverage is expected by the doctors currently employed. The hospital board concern is if the patient load increases, there is a possibility another doctor may need to be on staff, and if so would the county be in a position to assist with his salary. Much discussion was held and no decision was made at this time.

John Courkamp, Gary Crow, Larry Michael, Leonard Price and Kip Peck, business men in the county, entered the meeting at 10:30 a.m. to visit with the commissioners. Courkamp spokesmen for the group, ask for Commissioner Eikenberg to resign his office as Commissioner District 3 because of his personal financial situations. Michael also expressed concerns that because of Eikenberg's personal financial situations, he need not be in control of the county budget. Eikenberg stated that he will not resign. The group left the meeting at 10:40 a.m.

Brown made the motion, seconded by Harris to accept the CEBT, PO Option 4, Health Insurance, with the option of the employee to up grade their coverage at their own expense. The main reason to change insurance companies is because of the current company's increase and that accepting CEBT proposal it would hold the counties budget line insurance cost and CEBT does not have a limit of county employees. The employee will also be offered the Dental and Vision Insurance at their own expense. Voting yeah: Brown and Harris; Voting Nay: None; Abstain: Eikenberg.

Road and Bridge Foremen met with the commissioners to discuss and decide on the vehicles and equipment that will be disposed of because of various reasons.

The commissioners were informed by Janet Frederick, Economic Development Director, funds left from the Nipps-Bransgrove Project Grant, may be dispersed for the completion of the top floor of said building, including the installing of electricity, air-conditioning and etc., as per Lee Merkel with DOLA.

Brown made the motion, seconded by Harris to allow a smoke free environment in the Courthouse effective June 1, 2004. Voting yeah: Brown and Harris; Voting nay: Eikenberg. Motion carried.

Sheriff Report was reviewed and filed; Veterans Report was signed.

Brown made the motion, seconded by Eikenberg to adopt the following Resolution, to wit:

WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF KIOWA COUNTY, COLORADO is duly charged with and mandated pursuant to C.R.S. 30-28-11 1 to adopt a zoning resolution,, and

WHEREAS, Kiowa County acting through its Board of County Commissioners duly adopted a zoning resolution on or about January 28, 1988 with substantive revisions occurring on or about January 1, 1998 and July 11, 2000, and

WHEREAS, pursuant to Section 8 of said zoning resolution, it permits amendments to the said zoning resolution to be proposed, by, among other entities, the Board of County Commissioners, and

WHEREAS, said Board is desirous of amending and adding an additional permitted use under a commercial district, as more fully staled herein, and

WHEREAS, pursuant to Section 8-104 of said zoning resolution upon its own initiative the Board may by resolution add to the uses listed for a given zoning district so long as the proposed use conforms to the conditions set forth in special criteria as more fully set forth herein,

NOW, THEREFORE, BE IS RESOLVED by the Board of County Commissioners of Kiowa County as follows, to-wit:

1. The text of the Kiowa County zoning resolution, adopted January 28. 1988 and revised on January 1, 1998 and further revised on July 11, 2000 is amended pursuant to Section 8-101, el. seq. and, in particular, Section 8-104 as follows, to-wit:

a. Section 1-106 DEFINITIONS:

ASSISTED LIVING RESIDENCE A residential facility that makes available to three or more adults not related to the owner of such facility, cither directly or indirectly through an agreement with the residence, room and board and at least the following services: Personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that shall be available on a twenty- four-hour basis, but not to the extent that regular twenty-four-hour medical or nursing care is required.

b. Section 2-103 COMMERCIAL DISTRICT (C). B. The listing of Permitted Uses be amended pursuant to Section 8-302 to include the following permitted uses:

A. Permitted Uses: 1. All uses permitted in the Residential District, unless listed as a conditional use in the C zone. 2. General businesses. 3. Highway businesses. 4. Convenience businesses. 5. Wholesale businesses. 6. Roadside stands. 7. Recreational facilities. 8. Public utility uses, facilities, services, and buildings. 9. Accessory buildings and uses. 10. Temporary uses or structures incidental to construction work, but only for the period of such work. 11. Hospitals, rest homes, nursing homes, convalescent homes and assisted living residences.

2. Pursuant to Section 8-101 ft. .w/.and, in particular Section 8-104, the Board rinds that the inclusion of hospitals, rest homes, nursing homes, convalescent homes and assisted living residences as an additional permitted use is appropriate in the permitted use group to which it is added, that such use conforms to the basic characteristics of the permitted use group to which it is added and that by adding such additional permitted use, it does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influence or more traffic hazards than the minimum amount normally resulting from the other uses listed in the permitted use group to which it is added.

3. Pursuant to Section 8-105, said Board upon approval of the within resolution shall transmit the proposed resolution to the Kiowa County Planning Commission for its recommendations, including, but not limited to a report of the Kiowa County Planning Commission pursuant to Section 8-302.

4. Concurrent herewith, said Board further orders and directs that a public hearing relative to the proposed resolution shall be set within fifteen (15) days after receipt of the proposed amendment, which public hearing the Board of County Commissioners hereby set for the _day of _, 2004 commencing at the hour of__ __.m.

Dated this 27th day of May, 2004.

The Board of County Commissioners of Kiowa County, Colorado

/s/ Vern Harris, Chairman

/s/ DUTCH Eikenberg, Commissioner

/s/ Rodney Brown, Commissioner

Attest:

/s/Betty V. Crow, Clerk

All commissioners voted affirmative.

Eunice Weber, Kiowa County Ambulance Director, met with the commissioners to report on the results of a process of internal and external assessments of the effectiveness of the current EMS system in Kiowa County. Many positive recommendations and comments were stated in the final report from the Colorado Rural Health Center. The commissioners thanked her for said report and for all her efforts in the EMS system for Kiowa County.

The commissioners and clerk visited about the date to start Early Voting for the up coming Primary Election as the Statute states that Early Voting begin at the early voting place 10 days before the election. The commissioners and clerk agreed that due to the fact that the 10 days fall on July 31st, Saturday, that Early Voting will begin on Friday July 30th in Kiowa County.

Eikenberg made the motion, seconded by Brown to adjourn at 3:45 p.m. All commissioners voted affirmative.

Attest: Betty V. Crow, Kiowa County Clerk

Approved: Vern Harris, Chairman