BOARD OF COUNTY COMMISSIONERS  MINUTES APRIL 24, 2024  The Board ofCounty Commissioners meeting began in work session at 8:00. AM. Those present  were. Dave Hornung, Stan Hitchcock, Cory Wall, Susan Corliss, Theresa Korbelik.  Commissioner Meeting to convene with Pledge of Allegiance  The Pledge of Allegiance was recited at 8:00 PM. Those present were Dave Hornung, Cory Wall, Stan Hitchcock, Jeff Cure, Ben Beckley, Kelly Alvarez, Theresa Korbelik, and Susan Corliss.  In-Person Schedule - Commissioners Board Room 8:00 AM- - Ben Beckley EDP/Crossing Trails II  Cory Wall moved to authorize Permit #24 -001 Land Use change to Industrial for Crossing Trails Wind II-E EDP MET Tower to construct of a meteorological (MET) tower located in the Northwest Quarter Section 5, township 11 South, Range 47 West with a variance setback of 300' less than the 500' as approved by the Planning Commission, seconded by Stan Hitchcock.  The motion passed by unanimous vote by Dave Hornung. 8:30 AM - Bridget Canty & Emily Brumit - Enel North America  Discussion was held with Enel - Emily Brumit, Annie Gregory, and Bridget Canty, Jeff Cure, Kelly Alvarez, Ted Smelker, and Ted Simon on the following topics: the fee structure, the length of time from application to public hearing, Enel unaware that the problems with Cheyenne Ridge's landowner leases changed with Xcel, decommission plan changes and when the bond needs to be inj place. The application book needs to be complete and to the boards at least 10 days prior next month's Planning Commission meeting on, May 21st. Items that must  be included are: 1. Fee agreement 2. Application pages  3. Maps with exact turbine locations with distances from property and section lines.  4. Change May to Shall on page 10 ofI Decommissioning Plan. 6. Landowners made aware of changes with Xcel. 9:00. AM-. Justin & Ashley Carter Land Use Change Approval  5. New Liability Insurance date.  Cory Wall moved to authorize Permit #24-003 Land Use change to Commercial for. Justin & Ashley Carter to build a shop with office located in the Southeast Quarter Section 26, township 8 South, Range 44 West as approved by the Planning Commission, seconded by Stan  Hitchcock. The motion passed by unanimous vote by Dave Hornung. 9:30 AM 11:00 AM-Jeff Cure County Attorney  Continued discussion on the Land Use Code application process; Jeff will start to work on  newi revisions.  20240424  Board of County Commissioners- Minutes  Page 1 of7    10:00 AM- Assessor & Treasurer- - Legislative Tax Bills tomorrow; invitations to the call were provided to them.  Treasurer Pam Mills and Assessor Abbey Mullis brought to the board concerns about two bills that are in current legislation. These will be discussed during the CCI legislative call  12:00 PM-I Lunch  The Board of County Commissioners recessed at 12:00 PM returning at 1:00 PM. Those present for the afternoon session were Dave Hornung, Cory Wall, Stan Hitchcock, Theresa  Korbelik, and Susan Corliss.  1:30 PM- Collin Koop Grounds & Buildings  A1 map oft the fairgrounds was presented with pole locations for Internet cabling. Bids for the garage doors for the carports were presented; the door openings are not standard size so the doors will be custom made. Precision Luster Renewal Mobile Blasters submitted al bid proposal of $5,400 to sand blast the Tempest Ride; this is a new business in the county. An insurance quote is needed for the carnival rides inspection; it has already been requested but not received yet. Collin asked if the Road & Bridge employees will be available on Fridays for projects at the fairgrounds; this information will be shared in the districts for employees interested. A reminder was made by the commissioners that there are county vehicles that need to have the decals put on them: Environment, Commissioners, and Grounds & Buildings. 2:00 PM-J Jennifer Gribble - Department ofHuman Services See the Board of Human Services agenda and minutes.  BUSINESS MEETING: 2:46 PM  1. Review and Approve Consent Agenda Items  1.A Approve minutes for the April 17th- - BOCC, DHS, & PH a nd Accounts Payable & Payroll  Correspondence: Sympathy Card for Brandon Beechley and family  Cory Wall moved to approve the April 17th minutes for Board of County Commissioners, Board of Public Health, and Board of Human Services, and to pay the Accounts Payable in the amount of $65,642.19 and Payroll in the amount of $407,176.20, seconded by Stan Hitchcock. The motion passed by unanimous vote by Dave Hornung.  2. New Items  2.A Road Easements - Viareo Seibert to Stratton  Stan Hitchcock moved to approve the twenty-seven Road Easements for the Viaero project to install conduit and fiber from the county line through Seibert to Stratton in the right-of-way ofs several county roads with the condition that they meet with Commissioners Cory Wall and Dave Hornung and District 2 & District 3 Road & Bridge, seconded by  Cory Wall. The motion passed by unanimous vote by Dave Hornung.  2.B FY25. JBBS Contract Amendment #4-$205,640--ail  Cory Wall moved to authorize signing the Department 021 JBBS Contract Amendment #4 to: note that BHA Office will be Federally funded by ARPA Funds in the amount of $205,667 effective July 1,2024, to June 30, 2025, seconded by Stan Hitchcock.  The motion passed by unanimous vote by Dave Hornung.  20240424  Board of County Commissioners- Minutes  Page 2 of7    2.C Ambulance License & Permits - Holyoke EMS  Stan Hitchcock moved to authorize certification for East Phillips County dbal Holyoke EMS with rigs located in Holyoke to provide transports for the Kit Carson County Memorial Hospital when needed with Certificates #235-238- - Advance Life Support units Med 5, Med 6, Med 7, and Med 8, seconded by Cory Wall. The motion passed by  unanimous vote by Dave Hornung.  3. Resolutions  3.A Resolution 24-044- - Limit of Unloading of Commercially Transported Passengers Cory Wall moved to adopt Resolution 24-044 to limit the unloading of commercially transported passengers, seconded by Stan Hitchcock. The motion passed by unanimous  vote by Dave Hornung.  RESOLUTION NO. 24-044  STATE OF COLORADO COUNTY OF KIT CARSON present: David L. Hornung.. Cory) Wall.. Stan Hitchcock.  Ata regular meeting oft the Board of County Commissioners for Kit Carson County, Colorado, held att the Court House in Burlington on Wednesday the 24" day ofApril, 2024, there were  Chairman Commissioner Commissioner  Theresal Korbelik.. Administrator Susan Corliss..  County Clerk  whent thef following proceedings, among others, were had and done, to-wit: AF RESOLUTION TO LIMIT THE UNLOADING OF COMMERCIALLY TRANSPORTED PASSENGERS IN UNINCORPORATED KIT CARSON COUNTY, COLORADO WHEREAS, the Boardo ofC County Commissioners ofk Kit Carson, Colorado, ("Board")isa authorized to enact the Resolution pursuant to C.R.S. 30-11-101(2), top provide for publici health, safety, and WHEREAS, the Board finds that the purpose and intent oft this Resolution is to provide for the safe transportation of commercial passengers through Kit Carson County, Colorado (the WHEREAS, the Board acknowledges the unloading of commercial passengers in unplanned locations, other than ap planned, set, ands scheduled destination creates ac dangerous situationf for theu unloaded commercial passengers, andi is detrimental tot thel health, safety, and welfare oft the NOW1 THEREFORE, BEI ITF RESOLVED BY1 THE BOARD OF COUNTY COMMISISONERS OF PART Prohibition on Unloading Passengers ina anl Undocumented Destination Section 1. Prohibition on Unloading Passengers in an Undocumented Destination (A) The driver of a commercial passenger vehicle shall not stop such vehicle in unincorporated Kit Carson County, Colorado, fort thep purpose ofunloading passengers other than ata a planned ands scheduled documented destination. 1. For the purpose of Section 1 of the Resolution, "commercial passenger vehicle" means any vehicle where payment is made, received, or promised fort thet transportation ofa any person, including buses, vans, and trucks. For the purpose of Section 1 of this Resolution, "commercial passenger vehicle" does noti include vehicles rented orl leased by the driver, e.g. rental cars; vehicles operated by any government body of the State of Colorado;  welfare. "County").  community" where the commercial passengers are unloaded. KIT CARSON COUNTY, COLORADO, THAT:  ride-sharing services; ort taxi cabs.  Page 1 of 3  20240424  Board of County Commissioners Minutes  Page 3 of7    RESOLUTION NO. 24-044_  2. For the purpose of Section 1 of this Resolution, "scheduled documented destination" means a preplanned destination or stop on a planned route to a destination that can be demonstrated by a departure and arrival schedule, passenger ticket, receipt, or other publicly available document depicting the location where passengers are planned to unload. a) The driver of a commercial passenger vehicle unloading passengers int the County shall maintain documentation on his or her person sufficient to demonstrate passengers are unloading at as scheduled documented destination. Failure of a driver of a commercial passenger vehicle to possess such documentation at the time of passenger unloading is a per se violation of the  Resolution.  3. In the event an emergency requires an unplanned unloading of passengers, the driver of a commercial passenger vehicle shall contact emergency: services and the driver and all passengers shall remain as near  the vehicle as safety permits.  Section 2. Violation  (A) Any person who violates any Section of this Resolution commits a civili infraction as defined under C.R.S. 30-15-402(1) and upon conviction thereof, shall be punished by at fine of not more than $1,0001 for each separate violation oft this Resolution, plus (B) Each passenger unloaded in an undocumented location shall constitute a separate (C)A Any motor vehicle used in violation of this Resolution shall be deemed a public 1. Any motor vehicle used in violation of this Resolution shall be deemed a Class 3 public nuisance pursuant to C.R.S. 16-13-305/120,0) and subject to action to abate a public nuisance as provided byj judicial relief pursuant to C.R.S. 16- 2. Any motor vehicle used in violation of this Resolution and is also used for the illegal transportation of any person or the commission of a felony shall be deemed a Class 1 public nuisance pursuant to C.R.S. 16-13-303 and subject to action to abate a publicr nuisance including seizure and holding to the extent (D) The County shall provide a citation to the driver and notice to the owner of any (A) The Kit Carson County Sheriff shall be responsible for the enforcement of this  surcharge of $10 under C.R.S. 30-15-402(2).  violation.  nuisance subject to action to abate a public nuisance.  13-309, including removal.  permitted by Colorado Law.  vehicle seized. Resolution.  Section 3. Enforcement  Page 2 of 3  20240424  Board of County Commissioners- Minutes  Page 4 of7    RESOLUTION NO. 24-044_  PART I: ADMINISTRATION Section 1. Severability  Should any section, clause, sentence, or part oft this Resolution be adjudged by any court of competent jurisdiction tol be unconstitutional ori invalid, the same shall not affect, impair, ori invalidate the Resolution as a whole or any part thereof other than the part sO declared The Board of County Commissioners hereby finds, determines, and declares that this Resolution is necessary for the preservation of the public welfare, health, and safety. This Resolution is intended to be applied in conjunction with other applicable laws, not as an repeal or to supersede other applicable laws. This Resolution repeals and supersedes only those parts of any other Kit Carson County resolution that expressly contradicts and directly prohibits the application and enforcement of this Resolution. In application of this Section, this Resolution and all related resolutions shall be narrowly construed in their  to bei invalid. Section 2. Safety Clause  Section 3. Application and Repeal  application.  DONE THIS 24th day of April, 2024 at Burlington, Colorado. Motion carried by unanimous vote of Dave Hornung  Motion made by.  Cory Wau  seconded by. Stan Hitchcock  Board of County Commissioners  N SEAL. SOLORADO  By:. By:. By:.  David L. Hornung, Chairman MK A12k Stan Hitchcock, Commissioner Cory) Wall, Commissioper Ep  STATE OF COLORADO COUNTY OF KIT CARSON  ,Susan Corliss, County Clerk ande ex-officio Clerk ofthe! Boardo of County Commissioners ina and fort the County and State aforesaid, dol hereby certifyt that! the annexeda and foregoing Resolutioni ist truly copiedf from thel Records oft the! Proceedings INV WITNESS WHEREOF, have hereunto set my handa and affixedt the seal oft the County at Burlington, this 24th day  oft the Board of County Commissioners ofs said Kit Carson County, nowi inr my office.  ofA April, 2024. ATTEST:  Suloli Susan' Corliss, County Clerk & Recorder  Page 3 of 3  20240424  Board of County Commissioners Minutes  Page 5 of7    4. Monthly Reports  4.A March Carousel Report- - Carousel  Stan Hitchcock moved to confirm the March 2024 Carousel Report as presented, seconded by Cory Wall. The motion passed by unanimous vote by Dave Hornung.  Income and Expense Report Mar 2024 3/1/2024 through 3/31/2024 Category  4/17/2024  Page1  3/1/2024- 3/31/2024  INCOME INCOME OTHER INCOME 14-DONATIONS County Genral Fund TOTAL 14-DONATIONS TOTAL OTHERI INCOME TOTAL INCOME FROM Carousel Assoc. TOTALI INCOME EXPENSES EXPENSE Administrative Expenses Website TOTAL Administrative Expenses Dues &s Subsc. ProMerchant TOTAL Dues & Subsc. Maintenance Personnel Payroll" Taxes FAMLI Medicare SocialSecurity Workmans Comp TOTALF Payroll Taxes Wages Park Maintenance TOTALI Wages TOTAL Personnel Resale Items Ornaments Brass Ornaments TOTAL Ornaments TOTAL Resalel Items TOTALE EXPENSE TO Credit Card TOTAL EXPENSES OVERALL1 TOTAL  825.00 14,000.00 14,825.00 14,825.00 14,825.00 251.70 15,076.70 297.00 297.00 22.95 22.95 -251.70 -0.90 2.90 12.40 480.00 494.40 200.00 200.00 694.40 2,107.09 2,107.09 2,107.09 2,869.74 251.70 3,121.44 11,955.26  5. Purchase Orders  5.A PO#24-00506 - Donn Witzel Construction - Concrete at Fairgrounds-S $6,997-  Grounds & Buildings  Cory Wall moved to approve Purchase Order #24 -00506 for Grounds & Buildings to Donn Witzel Construction LLC for concrete work at the east entry of the fairgrounds totaling $6,997.00, seconded by Stan Hitchcock. The motion passed by unanimous vote  by Dave Hornung.  20240424  Board ofCounty Commissioners Minutes  Page 6of7    5.B PO#24-00507 - Adamson Police. Products- SWAT arpml-3a3-sherir Stan Hitchcock moved to approve Purchase Order #24-00507 for the Sheriff's Department to Adamson Police Products for SWAT equipment totaling $3,033.25, seconded by Cory Wall. The motion passed by unanimous vote by Dave Hornung. 5.C PO#24-00508 - Burlington Glass Windshield Belden Tahoe- $810.45- Sheriff Cory Wall moved to approve. Purchase Order #24-00508 for the Sheriff's Department to Burlington Glass for the windshield for Belden's Tahoe totaling $810.45, seconded by Stan Hitchcock. The motion passed by unanimous vote by Dave Hornung. 5.D PO#24-00509 - Christiansen Psychotherapy - Exams- -$1,300- Sheriff  Stan Hitchcock moved to approve Purchase Order #24-00509 for the Sheriffs Department to Christiansen Psychotherapy for exams totaling $1,300.00, seconded by  Cory Wall. The motion passed by unanimous vote by Dave Hornung. 2022 & 2023 County Health Pool Audit Report - Administration  FYI:  The report was reviewed. Garage Doors for Carports Bids  Additions:  Bids were presented for four garage doors for the two new carport buildings at the fairgrounds.  Herman's Lumber $2,040.00 Burlington Home Store $2,183.56  Cory Wall moved to award the garage doors order to Herman's Lumber with the bid amount of $2,040, seconded by Stan Hitchcock. The motion passed by unanimous vote by  Dave Hornung.  Adjournment  The Board of County Commissioners meeting adjourned at 2:191 PM. Submitted By: Susan Corliss, Kit Carson County Clerk & Recorder  May 1,2024 Date  MMEZ David L. Hornung, Chairman Busan Corkiss Susan Corliss, County Clerk and Recorder  SEAL  PLORADO  20240424  Board of County Commissioners Minutes  Page 7of7