KIT CARSON COUNTY BOARD OF COUNTY COMMISSIONERS  MINUTES MARCH22, 2023  Commissioner Meeting to convene with Pledge ofAllegiance  The meeting was called to order and the Pledge of Allegiance was recited at 8:00 AM by Dave Hornung, Cory Wall, Stan Hitchcock, Chris Haas, Theresa Korbelik, and Susan Corliss.  In-Person Schedule Commissioners Board Room  8:00. AM- Chris Haas - Next Era Subdivision Exemption  Dave Hornung moved to approve the Subdivision Exemption for Bronco Plains Wind II, LLC Sub-Station located in the East Half of Section 15 Township 10S Range 50W consisting of 2.37 acres more or less, seconded by Stan Hitchcock. The motion passed by  unanimous vote by Cory Wall.  8:30 AM-) Don Witzel-] Industrial Land Use Change  Dave Hornung moved to approve the Land Use Application for Donn Witzel applying for a land use change to Industrial on his property located in the Southwest Quarter of the Northwest Quarter of Section 36, Township 8S, Range 44W for equipment storage, asphalt plant, and for future industrial use with a variance of set back of 150', seconded by Stan 9:00 AM-I Darlene Carpio - CO Eastern Plains Regional Director/E Rep. Buck - Updates There will be a Regional Listening Meeting with Representative Ken Buck on April 5th at1:30 p.m. Rep. Buckjoined Colorado leadership in rejecting thel EPA's Waters ofthe United States (WOTUS) definition of water because of the impact it would have on the Agriculture Industry. The WOTUS definition passed as written sO there will probably be court cases. Initiated a letter against taxing the TABOR refunds, which helped defeat this bill. It will not be allowed to have health status data such as COVID 19 Vaccination as a denial for transplant patients. The National Debt Limit will be reached again soon. The momentum is building to have a nationwide ban on TikTok. A bill passed the Senate last year to not allow it on government electronics but did not make the House calendar. Discussion on the Farm Bill will be starting soon with a deadline of December to be passed; nutrition plans are 82% of the bill now. Representative Buck's Chief of Staff and another staff member will be in Colorado on April 4th talk with the Colorado Corn Growers and visit with Deb Daniel about the Republican River Ground Water on location. There will be a study of the structural soundness of Bonny  Hitchcock. The motion passed by unanimous vote by Cory Wall.  Dam.  9:30. AM- Collin Koop- Grounds & Buildings Updates  Working on bids: Sound System for Grandstands, Arena, and. Farm Credit of Southern Colorado Show Pavilion there will be a walk through tomorrow with Dave; both vendors need answer soon. FCSC Show Pavilion Bathrooms - interest but no bids received.  20230322  Board of County Commissioners Minutes  1Page    The circus is planning a one-day event on May 8th at the FCSC Show Pavilion; also a request has been made to be able to have a weekly night for cornhole games/toumnaments there Integrated Consulting Engineers Inc. sent invoices for the electrical engineering building study for $19,750.00 and engineering services for the Kit Carson County Courthouse VRF modification plan and bid for $37,125.00, whichi is 75% ofthe contract amount of $49,500. This The Annex generator installation was finished on Saturday. Collin will be contacting Fox  as well; the pickle ball league continues also.  will be presented as purchase orders next week. Electric about question on recent invoices. 11:00 AM-Jeff Cure- - County Attorney  A final work session was held on the cleanup and revisions ofthe Kit Carson County Land Use Codes. The addition ofBattery Energy was finalized for adoption. The Land Use Fees were reviewed and adjusted to add permit fees for Battery Energy as well. The resolutions will be approved during the business portion of the meeting. Decommission plans and repowering existing wind projects were discussed as well. It was decided that the Land Use Codes may see revisions as often as needed tol keep up with the fast changing energy business.  12:00 PM-Lunch  The Board of County Commissioners recessed at 12:00 PM returning at 1:00 PM. Those present for the afternoon session were Cory Wall, Dave Hornung, Stan Hitchcock, Theresa  Korbelik, and Susan Corliss.  1:00 PM- Chelsea Darrell - Kinnon Entertainment - phone meeting  A phone meeting was held to review the contract for the fair concert entertainment. Discussion on what Kit Carson County would be able to offer was held and Chelsea shared some oft the wording that will go into the addendum. This will give both parties the opportunity to make changes. The meeting was informative and Theresa Korbelik will have the red-line  contract sent to Chelsea by tomorrow.  1:30 PM - Heather Morris - EMS Director Staff] Replacement  Heather was unable to attend the meeting. She shared by email that she would like. to advertise for an ALS position that will be open in the staff on April 14th. She has submitted a grant application for ai replacement/new, ambulance; approval will bel known in May. There isa need for additional 800 radios for first responders and two for the Sheriff's Department; she is  looking for a grant and report more later.  2:00 PM-T Todd Holmes- - IT- General info/clarification  Updates on projects that he has been working on were discussed. The multi-factor authentication practice went well for the Admin Office; setup for a county wide roll out for all that use Outlook has started. Online tickets sales for the rodeo/concert will be possible; Internet at the fairgrounds worked well and should have improvements in the future. Todd will organize  the fair work schedule again this year for the BBQ and ticket takers.  20230322  Board of County Commissioners Minutes  2Page    BUSINESS MEETING: 2:59 PM  1. Review and Approve Consent Agenda Items  1.AApprove minutes for the March 15th- BOCC: and Board of Human Services, and  Accounts Payable mother-in-law.  Correspondence: Sympathy Card for Shelby Carter and family on the passing ofher Dave Hornung moved to approve the March 15th minutes for Board of County Commissioners and Board of Human Services, and to pay the Accounts Payable in the amount 0f51299141.seconced by Stan Hitchcock. The motion passed by unanimous vote  by Cory Wall.  2. New Items  2.A Richie Harris - Rodeo Clown/Bullfighter Contract  Stan Hitchcock moved to authorize signing the contract with Rodeo Clown & Bullfighter Richie Harris for the three 2023 Kit Carson County Pro Rodeos - July 27,28, and 29, 2023, at $750.00 for each of3 performances for a total of $2,250.00 and trailer parking with electrical hookup, seconded by Dave Hornung. The motion passed by  unanimous vote by Cory Wall. 2.B Opioid Settlement Agreements  The Opioid Participation of Region 4 is not impacted at this time but all parties need Dave Hornung moved to authorize signing Exhibit K Subdivision and Special Participation Form Attachment A: Teva Settlement in regards to National Prescription Opiate Litigation, MDL: No. 2804 dated November: 22, 2022, seconded by Stan! Hitchcock. Dave Hornung moved to authorize signing Exhibit K Subdivision and Special Participation Form Attachment B: Allergan Settlement ini regards to National Prescription Opiate Litigation, MDL: No. 2804 dated November 22, 2022, seconded by Stan Hitchcock. Dave Hornung moved to authorize signing Exhibit K Subdivision and Special Participation Form Attachment C: Walmart Settlement ini regards tol National Prescription Opiate Litigation, MDL No. 2804 dated November 14, 2022, seconded by Stan Hitchcock. Stan Hitchcock moved to authorize signing Exhibit K Subdivision and Special Participation Form Attachment D: CVS Settlement in regards to National Prescription Opiate Litigation, MDL No. 2804 dated December 9, 2022, seconded by Dave Hornung. Dave Hornung moved to authorize signing Exhibit K Subdivision and Special Participation Form - Attachment E: Walgreens Settlement in regards to National Prescription Opiate Litigation, MDL No. 2804 dated December 9, 2022, seconded by Stan  to sign for continued receipt ofs settlement funds.  Thei motion passed by unanimous vote by Cory Wall.  The motion passed by unanimous vote by Cory Wall.  The motion passed by unanimous vote by Cory Wall.  The motion passed by unanimous vote by Cory Wall.  Hitchcock. The motion passed by unanimous vote by Cory Wall.  20230322  Board of County Commissioners Minutes  3Page    2.C Road Permit - County Road 27- County Road R, Seibert  Stan Hitchcock moved to authorize a Special Transportation Permits for Star House Moving, Gerald Hostetler, to move al house on a mapped route in Kit Carson County from County Road 27 and County Road R South ofVona into the town of Seibert on or around March 29, 2023, seconded by Dave Hornung. The motion passed by unanimous vote by  Cory Wall.  3. Resolutions  3.A Resolution 23-044-Land Use Code Revision  The Board of County Commissioners and the Planning Commission held a public hearing to adopt and amend regulations governing the unincorporated area of Kit Carson Dave Hornung moved to adopt Resolution 23-044 to adopt the proposed revised and restated Kit Carson County Land Use Code, seconded by Stan Hitchcock. The motion  County, Colorado, pursuant to 30-28-112, C.R.S. passed by unanimous vote by Cory Wall.  RESOLUTION NO. 23-044  STATE OF COLORADO COUNTY OF KITO CARSON  ) )ss. )  Atar regular meeting of the Board of County Commissioners for Kit Carson County, Colorado, held at the Court  House in Burlington on Wednesday the 22md day of March, 2023, there sere present:  Cory Wall. Stan Hitchçock. David L. Homung. Susan Corliss. Theresa Korbelik  Chairman Commissioner Commissioner County Clerk Administrator  when the following proceedings, among others, werel had and done, to-wit:  AI RESOLUTION TO ADOPT PROPOSED REVISED AND! RESTATED KIT CARSON COUNTY LAND WHEREAS, the BoardofCounty Commissioners of Kit Carson County is: authorized, after public notice and aj public hearing, to adopt and amend regulations govering the unincorporated area of Kit Carson County, Colorado; and WHEREAS, the Kit Carson County Planning Commission has approved the attached revised andi restated Kit Carson County Land Use Code, and has recommended and certified the revised and restaled Kit Carson County Land Use WHEREAS, a public hearing was held on March 21, 2023 at 7:00 p.m., following fourteen (14) days notice of publication, pursuant to 30-28-112, C.R.S., and public comments have been duly noted, considered, and discussed by NOW' THEREFORE, be it resolved by the Board of County Commissioners of Kit Carson County that, pursuant to the laws of the State of Colorado, including but not limited to the Colorado Constitution, and statutory provisions regarding zoning. land use, state and vested property rights, and specifically the provisions of 30-28-112,C.R.S. the following revised and restated Kit Carson County Land Use Code, attached and incorporated herein by reference, is  USE CODE  Code tot the Board ofCounty Commissioners pursuant to 30-28-112, C.R.S.; and  the Board ofCounty Commissioners.  hereby approved and adopted.  20230322  Board of County Commissioners- Minutes  4Page    BE IT FURTHER RESOLVED THAT THIS RESOLUTION IS EFFECTIVE IMMEDIATELY THIS 22-d  day of March, 2023.  DONE1 THIS: 22"d day of March, 2023, at Burlington, Colorado. by unanimous vote of Cory Wad Board of County Commissioners Gy Cory Wal,C Chairmad Aar A6s Stan Flnchcoal'Commisioner By: D11H DavidI L. Hornung, Commissioner  Motion made by. Dave Hocnung seconded by. Stan Hitchcock  Motion carried  CARSON SEAL OLORADO  By By:  RESOLUTION NO. 23-044  ATTEST:  Gusar Coslios Susan Corliss, County Clerk STATEOF COLORADO COUNTY OF KITCARSON  ss.  1,Susan Corliss, County Clerk and ex-officio Clerk of the Board of County Commissioners ina and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records oft the Proceedings oft the Board of County Commissioners of said Kit Carson County, now in my office. INWITNESS WHEREOF,Ihavel hereunto set my hand: and: affixed the seal of the County at Burlington, this 22"d  day ofMarch, 2023. Susarloilias Susan Corliss, County Clerk  ON o SEAL COLORAD  20230322  Board of County Commissioners Minutes  5Page    Resolution 23-045 Revised Land Use Code Fees Replaces Resolution 23-037  Stan Hitchcock moved to adopt Resolution 22-045 to amend resolution 23-037to Change the Land Use Fees for the addition of Battery Energy to the permit fees, seconded by Dave Hornung. The motion passed by unanimous vote by Cory Wall.  RESOLUTION NO. 23-045  STATE OF COLORADO COUNTY OFH KIT CARSON  )ss.  Atar regular meeting oft the Board of County Commissioners for Kit Carson County, Colorado, helda att the Courthouse  inE Burlington on Wednesday, 22nd day ofN March, 2023, there were present:  Cory! Wall. Stan! Hitchcock.. Davidl L. Hornung.  Chairman Commissioner Commissioner  Susan Corliss.. Theresal Korbelik.  County Clerk County Administrator  whent the following proceedings, among others, werel had and done, to-wit: ARESOLUTIONTO AMEND RESOLUTION 23-0371 TO CHANGE COUNTYLAND USE FEES determined! tob bei int thel besti interest oft the citizens ofk Kit Carson County tor raise certainf fees:  WHEREAS, the portion of Resolution 23-037 pertaining tot the Kit Carson Counlty Land Use Fees have been evaluated and NOW1 THEREFORE, BEI ITF RESOLVED BY THE BOARD OF COUNTY COMMISISONERS OF KIT CARSON COUNTY that the  following County Land UseF Fees begin on! March2 22, 2023:  Description of County Land Use Fees  Fees $50.00 $200.00 $500.00 $100,000.00 $50.00 $500.00 $150,00 $200.00 $50.00 1.00/Acre $5,000.00 $10,000.00/MW 1.00/Acre $5,000.00 $1,000.00 $10,000.00/MW 1.00/Acre $5,000.00 $5,000.00/MW  Residential Commercial Industrial  Industrial Transmission Lines Divisions of! Land (Excluding Cluster Developments) Cluster Development Concentrated Animal Feeding Operation Variance- InA Addition to Other Fee Other Initial Application Fee Minimum Initial Fee Permit Fee Initial Application! Fee Minimum Initial Fee Under 2MW Permit Fee - over 2MW Initial Application Fee Minimum Initiall Fee Permit Fee  Wind Energy Facility Fees  Solar Energy Facility Fees  Battery Energy Facility Fees  20230322  Board of County Commissioners- Minutes  6Page    RESOLUTION NO. 23-045  DONE THIS 22nd day ofMarch, 2023a atE Burlington, Colorado.  Hitchenck secondedh  Motion made by. Stan motion carried  by. Dave Hornung  The resolutioni is adopted.  by, Lory Wall  BOARD OF COUNTYO COMMISSIONERS   Cory Wall, Dal Stan Hitchcock, Commi sioner 5ME DavidL. Hornung, Commissionér  I  CAL  RADO  STATE OF COLORADO COUNTY OFK KIT CARSON )  )ss.  ,Susan Corliss, County Clerk & Recorder ande ex-officio Clerk oft the Board of County Commissioners in andi for the County and State aforesaid, dol hereby certify thatt the annexed andf foregoing Resolution ist truly copiedf fromt the Records of the Proceedings INWITNESS WHEREOF, Ihave hereunto set my! hand and affixed thes seal of the County at Burlington, this 22nd day of March,  oft the Board of County Commissioners ofs said Kit Carson County, now inr my office.  2023. Attest:  Busas Coskis Susan Corliss, County Clerk &F Recorder  Co  SEAL * COLORAD  20230322  Board ofCounty Commissioners - Minutes  7Page    4. Personnel Items  4.A Orange Sheet- New Hire- Travis Gale- - VSO  Davel Hornung moved to approve the Veteran Service OfficerN New Hire Orange Sheet for Travis Gale at $18.00 per hour as a Non-Exempt Part-Time Employee with Employee Paid Benefits effective. April 1,2023, seconded by Stan Hitchcock. The motion passed by  unanimous vote by Cory Wall.  FYI: Additions:  February HUTF Report  The Board of County Commissioners reviewed the February HUTF reports and money from the State providing the county with a total of $161,205.22 for the month of February, which is an increase of $13,238.42 from February of 2023, for a Year-to-Date total of  $369,945.86. Adjournment  The Board ofCounty Commissioners meeting adjourned at 3:15 PM. Submitted By: Susan Corliss, Kit Carson County Clerk & Recorder  CAREONS Coun SEAL COLORADO  March 29, 2023  Cory Wall, Chairman GAg  Date  Gusas Cols Susan Corliss, County Clerk and Recorder  20230322  Board of County Commissioners Minutes  8Page