The Board of Lincoln County Commissioners met at 9:00 a

Board of County Commissioners of Lincoln County

Agenda for July 18, 2008

9:00 Call to order and Pledge of Allegiance

9:05 Discuss the rail relocation project

10:00 Greg Etl with the Department of Local Affairs to discuss the status of submission of the Town of Arriba’s audits to the State Auditor’s Office and issues concerning possible dissolution of the Karval Fire Protection District

1:00 Kent Vance with Legend Enterprises to discuss geothermal heating and cooling for the courthouse

2:15 County Assessor Estelle Thaller to discuss the procedures for a Board of Equalization hearing

Approve the minutes from the July 7^th meeting

Cancel County General Check #6181 written on June 29, 2007 to Wendy Pottorff for $21.51 since it was not cashed and Road & Bridge check #7365 written to Lafarge West, Inc. on November 30, 2007 for $1,490.40 since the company said it was cashed.

Review the June reports from the County Clerk, Sheriff and Veterans Service Officer

Consider for adoption a resolution authorizing emergency haying and grazing of CRP land

Review a letter and the response to the Office of the Attorney General concerning unincorporated areas of the county where the County Commissioners have restricted the use of firearms

Discuss selling two parcels, 2.04 acres and 6.01 acres, owned by Lincoln County in Sections 8 and 9, T9S-R52W

Review a letter from County Attorney Stan Kimble to Attorney Stephen Monks concerning the Roger and Cindy Gilbert Quiet Title Action

Review a request form Jo Downey to sign a letter of support for a Regional Heritage Tourism Expansion Grant

Review a proposal from Building Restoration Specialties, Inc. for rebuilding the north wall of the roundhouse

County Commissioners’ reports

County Administrator’s report

County Attorney’s report

Old business

New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on July 18, 2008. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess (until 2:50 p.m.) and Gary Beedy, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. County Attorney Stan Kimble was present from 10:00 a.m. until noon, and Eric Hilton with The Limon Leader and Eastern Colorado Plainsman attended all day.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then the Board discussed the rail relocation project. Numerous concerned citizens were present for the discussion, including Jim Covington, Shelby Britten, Kenny Yoder, Jay Jolly, Scott Ravenkamp, Joe Kiely and Bob Safranek.

Mr. Lyons opened the discussion by stating that he had attended the meeting in Las Animas and was asked when the Lincoln County board of commissioners intended to make a decision. He said that they had agreed to do something by mid-July, adding that Kiowa County has come out in opposition to the relocation project. Mr. Lyons felt that the board needed to listen to what everyone had to say and come to a determination today, although he added that he is certainly not in favor of the project.

Mr. Burgess commented that he wouldn’t want it to happen if he were a landowner and that he could see absolutely no economic advantage to Lincoln County; therefore, would vote against it.

Mr. Beedy said he would like to hear the comments from the audience before making his decision.

Jay Jolly said there is no amount of money to pay for the grief and other emotional impacts that the proposed project is causing, adding that several landowners have developed a group called “Citizens Against Railway Relocation.” They have been told that the group will need to hire an attorney as well as a lobbyist, and Mr. Jolly said that it will cost a lot of money for them to do so.

Scott Ravenkamp is concerned with what the future of coal will be, as he has heard that it is questionable. The railroad will be permanent, but the commodity may only be temporary, and his family will have to deal with the railroad for as long as they stay in Lincoln County.

Joe Kiely said that the town of Limon has not taken a position on the project yet, and that he presented a draft resolution at the last board meeting regarding the issues that Alignment A creates for Limon and Hugo. He added that Alignment B creates issues for the landowners. He again emphasized that if the Board takes a position of opposition, they need to be sure and outline what they expect of the project if it does happen, just to have that area covered. Another stipulation that Mr. Kiely felt would be good to add was that the property should revert to the landowner if the railroad should ever go away.

Mr. Beedy could not support the relocation project at this time, since he saw no economic benefit to Lincoln County, other than some taxes. He did agree with Mr. Kiely that they need to name the issues they have with the project, but thought they should highly suggest that the State attempt to get economic development along the rail line.

Kenny Yoder would prefer the commissioners either take a flat position for, or against, the project because if they don’t, it will leave the door wide open for the project to go forward.

Jay Jolly felt that the town of Limon, and specifically Mr. Kiely, were trying to push the project ahead, and he didn’t like the fact that there seemed to be a lot of secrecy involved.

Mr. Kiely said that his interest is not just with the town of Limon and that he has become frustrated with personal comments when he is only doing his job, part of which is to keep the schools open, help create jobs and bring in tax revenue. He said that CDOT asked him to be on the Technical Advisory Committee to look at the data provided by the consultants to see if it makes sense. He admitted that several times he has told them that the data doesn’t make sense, and that it seems that the only public benefit of this project is to the Front Range, not to eastern Colorado. He continued by stating that Alignment A creates huge problems for Limon and Hugo, and it would be wrong not to say so; however, his interest is not just in Limon, although he did ask for them to set up a meeting there. He told them that the landowners would be very concerned, finishing by saying that his message to CDOT was that they have handled this whole thing very badly.

Mr. Lyons said he hadn’t heard anything good about it from the very beginning, as they are hard to deal with and secretive, adding that he has heard so many different right-of-way widths—anywhere from 150 feet to 660 feet—that he doesn’t know what is correct.

Mr. Beedy stated that the 660 foot right-of-way was a misconception from the public, as no one directly involved with the relocation project had made that statement, and Kenny Yoder agreed.

Ms. Devers had drawn up a letter outlining all of the concerns that were presented to the Board, although she had no idea which way they would decide to vote. Her main concern is that if corporate America chooses to go forward with the rail relocation project, there will be nothing anyone can do to stop them. She did explain that the letter was written in her own words, and Mr. Lyons asked that she read it to the audience, which she did.

Once she had finished, Kenny Yoder again stated that he would rather the Board take a flat yes or no stance when they draw up their resolution, and Scott Ravenkamp agreed.

Mr. Burgess made a motion to adopt a resolution to oppose the rail relocation project; both Alignment A and Alignment B. Mr. Beedy amended the motion so that the resolution includes reasons for the Board’s opposition. He then seconded the motion, which carried unanimously.

At a regular meeting of the Board of County Commissioners of Lincoln County, Colorado held in Hugo, Colorado on July 18, 2008 there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Absent & Excused

Corinne Lengel, Clerk of the Board Present

Roxie Devers, County Administrator Present

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

RESOLUTION #686 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

WHEREAS, in 2002, the Burlington Northern Santa Fe Railroad and the Union Pacific Railroad proposed a Front Range Railroad Infrastructure Rationalization Project that would improve and relocate freight rail infrastructure, moving through-freight traffic east of the Front Range while still maintaining local freight service. The Colorado Department of Transportation initiated a Public Benefits and Costs Study to identify the potential public benefits and the costs associated with the proposed project. The Study, dated May 18, 2005, was to determine whether the public benefits warranted consideration of public financial participation in the project, with the results suggesting that there would be sufficient public benefits related to such rail infrastructure improvements to warrant further evaluation of a public/private partnership; and

WHEREAS, public meetings were scheduled throughout Eastern Colorado to provide information about the proposed project, with two routes shown, a No-Build Option (Option A) and a Build Option (Option B); and

WHEREAS, the Board of County Commissioners of Lincoln County has attended numerous meetings, had countless discussions with their constituents, and studied information concerning the proposed rail relocation project; and

WHEREAS, it’s quite evident that relocation of the railroads out of the metro area will be very beneficial to the Front Range and the railroads themselves, but the benefits to Eastern Colorado are difficult to determine. The 2005 Study discusses benefits in terms of “potential” and “possible”, with the benefits and costs estimated at a conceptual level to determine if further investigation of the proposed project was warranted; and

WHEREAS, with the uncertainty and unanswered questions surrounding the rail relocation project and the problems and negative impacts it will create for residents of Lincoln County, the Board of County Commissioners of Lincoln County determined that it is in the best interests of Lincoln County and its residents to take a position on the issue at this time;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that they oppose the rail relocation project, both options A and B, for the following reasons:

1. The width of the right-of-way is unknown, with numbers mentioned ranging from 150’ to 400’. It’s also unknown if the right-of-way will be for railroad purposes only, or utilities as well. Current discussions revolve around the movement of coal and grain only, but there are no assurances that other products, such as hazardous materials, or other additional uses will occur in the right-of-way. New uses or product movement should require re-negotiations with adjacent landowners.

2. The proposed Build Option, even though it’s not finalized, runs randomly through the county, but should follow section lines except when it’s impossible to do so.

3. If the railroad is built, owners who have their property purchased for the right-of-way will have it split, with dire consequences for some. Some businesses may no longer be able to operate due to their property being split and property values will be decreased when going from a larger acreage to a smaller one. Some land used for the right-of-way might be in the Conservation Reserve Program (CRP), resulting in a loss of revenue for the owner/s. No discussion has occurred to indicate that landowners losing their property to rights-of-way would have the land purchased at fair market value, plus the cost to re-establish the business, home, outbuildings and/or corrals, or to compensate for the loss of revenue if land is taken out of CRP. If the railroad should ever be abandoned, there is concern what happens to the right-of-way, which should revert back to the landowner adjacent to it and be restored to its original condition and/or use. Further, all landowners adjacent to the railroad tracks need to be notified of a change of ownership of the railroad property.

4. In Lincoln County, one of our most precious commodities is water. It’s not abundant and cannot be found everywhere. We have no assurances that if property is split by rail, leaving one side with water and the other without, that the railroad will be responsible for either piping water to the side without it or digging a new well equal to the one on the other side of the tracks. The railroad should also be responsible for all other associated costs, such as electrical. This loss of water may affect homes, outbuildings, irrigation wells or stock tanks. In any of these cases, the property value becomes negligible without this resource and small un-watered tracts are useless for grazing. Procedures when dealing with the railroads are generally cumbersome and would need to be streamlined if, and when, the need for pipelines under the tracks would become necessary.

5. Our citizens have not had to live with safety issues because of railroads crossing county roads and the railroad relocation project will make it an issue. In the 2005 Study, it was noted there would be less vehicle-train accidents if rail traffic were diverted outside the Front Range. However, there is no mention that all county roads must have crossings with arms and flashing lights or that sufficient safeguards are in place to protect the citizens of our county. Further, without crossings at each road our citizens will have to drive extra miles to get across the tracks and the county may have to construct new roads. We are not in a financial position to do this and, if it becomes necessary, the railroad needs to either build roads to meet the county’s standards or reimburse the county for the cost of labor and materials to build them ourselves. There are mixed messages about how many crossings will be built and where they will be located. We have not seen in writing that if crossings are built that they will be kept in use and maintained in good condition as long as the tracks are being used and that they won’t be closed or removed. Further, issues concerning crossings accommodating farm equipment over 35’ in width and giving producers access to their property on both sides of the tracks without moving their equipment substantial distances have not been addressed.

6. In both Limon and Hugo, the railroad has on numerous occasions blocked both crossings. This is unacceptable now, and more trains coming through will create a greater problem. Either new grade crossings or a grade separation must be built in each town so emergency vehicles will not be impeded.

7. While discussion concerning vehicle crossings has been minimal, none has occurred about cattle crossings. These should exist at a minimum of one every ½ mile and underpasses for cattle constructed so they are useable at all times. There should be cattle guards on all county roads that the railroad crosses over and they should be built to CDOT regulations. These cattle guards should be built and maintained by the railroad. The railroad also needs to build a 4-wire barbed wire fence along each side of the right-of-way and maintain it at all times.

8. We can only assume that the railroad will be responsible for maintaining the roads within the right-of-way at each railroad crossing, but have nothing to confirm this.

9. There is reference in the 2005 Study, when looking at the low scenario, to 15 jobs being created in Eastern Colorado. If that is a reality, then maintenance crews consisting of people living in the community must be hired to perform maintenance on the tracks, crossings, roads, fences, etc. since they would better understand the issues. They should be granted decision-making authority to act quickly in addressing maintenance needs.

10. Lincoln County has approved one application for a wind farm, with another three potentially being submitted. Because of the substantial tax revenue they will bring to the county, we see more benefit to the wind farms than the railroad relocation project and do not want such a project to hinder their development. Every concession must be made to allow their equipment, utilities, etc. to cross over or under railroad tracks.

11. Lincoln County has developed a successful noxious weed-spraying program and needs the cooperation of every landowner in the county to see that it continues. The Union Pacific Railroad has been slow to respond to the county’s request for control of noxious weeds in their right-of-way and we have a very real concern that the railroads will continue this type of practice.

12. There is discussion in the 2005 Study about benefits to grain producers if the rail relocation project goes forward. However, there are substantial uncertainties concerning benefits to grain shippers in Eastern Colorado. While rail is certainly cheaper than trucking, new facilities will have to be built in order to load unit trains. We haven’t seen in the planning phase of the project if, when, or where facilities would be constructed or if this is even being considered.

13. Noted in the 2005 Study is the economic benefits to the Front Range if the rail relocation becomes a reality. However, the benefits to Eastern Colorado are questionable and the State Economic Development Office must agree to assist with development of economic benefits in this area, not just the Front Range.

14. The question of who retains the mineral and water rights under rights-of-way was not addressed in the 2005 Study. These rights must remain with the landowners.

15. There are traditional thoughts only concerning this project. What about thinking outside of the box and consider landowners leasing their property to the railroad for the right-of-way and making an annual payment, or paying an annual fee based on tonnage going through Lincoln County.

16. If either Option A or Option B is used for this rail project, there will be ramifications for the county, most of which at this time do not appear to be positive. And, unfortunately, our experience in dealing with the railroad is that it’s an uncooperative, slow-moving, massive bureaucracy.

Upon roll call the vote was:

Commissioner Burgess, Yes; Commissioner Beedy, Yes; Commissioner Lyons, Yes.

The Chairman declared the motion carried and so ordered.

Board of County Commissioners

of Lincoln County

_____________________________________

ATTEST: _____________________________________

_________________________________ _____________________________________

Clerk of the Board

Discussion about what would happen to the mineral rights ensued, with Bob Safranek stating that it would likely be addressed during the property purchases, and Jay Jolly recommended that landowners create split estates to avoid that problem.

At 10:00 a.m., Greg Etl with Department of Local Affairs met with the Board to discuss the Town of Arriba and their submission of audits to the State Auditor’s Office, as well as issues concerning possible dissolution of the Karval Fire Protection District. Arriba Mayor Tom Walkinshaw, Arriba Town Clerk Josie Hart, and other town board members were also present. Several other community members arrived for the discussion regarding the Karval Fire Protection District, and since there were too many people for the commissioners’ room, the meeting was moved to the jury assembly room.

According to Mr. Etl, the 2005 audit was turned in, and they are now working on 2006 and 2007, both of which were exemptions. He explained that they had also applied for a grant and loan, but that no money can be given out until the audits are complete.

Ms. Hart said that the exemption for 2006 has been filed with the State auditor, and the 2007 exemption is supposed to be done sometime next week. She added that she was told they are supposed to send a letter to the Treasurer next week so that he can release the tax monies that are owed to the town. Mr. Covington said he would release the funds the day that he receives the letter, and the question was asked if the town could really file audit exemptions two years in a row.

Mr. Etl explained that they are small enough to do so every year, but that the key was filing for the exemption, which had not been done. When it isn’t, that is when the State Auditor’s office gets involved.

Mr. Beedy cautioned that they should have an auditor at least look at the financial records every year, even if they file for an exemption, and Mr. Etl agreed that hiring an accounting firm or auditor to review those records would be much cheaper in the long run.

Mr. Walkinshaw said that they had already been billed over sixteen thousand dollars, and that was only for the 2005 audit and the 2006 exemption. Mr. Burgess said they should find out why they were being billed so much, and Ms. Hart responded that it was because there was so much missing when they tried to complete the 2005 audit, which was a full audit.

Mr. Etl wanted to know if they had requested payment options and was told that they could set up payments. Mr. Beedy said the Treasurer is holding approximately $40,000.00 at this time.

One of the board members wanted to know if they should bid the audit process, and was told that they definitely need to find someone with experience, and Mr. Kiely spoke up and said that he had spoken with Chris Snyder, the town clerk in Limon, and she would be willing to help them with whatever they needed. Mr. Walkinshaw said they would welcome all the help they could get, and Mr. Etl put in that it would be very valuable assistance.

Discussion regarding the dissolution of the Karval Fire Protection District was next on the agenda, and Mr. Etl said that he understood a petition format was submitted to and approved by the district board. His advice was for them to hire an attorney, as they will be under a strict time frame and must comply with the laws. He explained that if state funds were received to purchase equipment and the district is actually dissolved, those funds must be paid back to the state by some means. The other issue is what will happen in the way of fire and ambulance service if the district is dissolved.

Mr. Kimble spoke up to say that it was hard for him to give advice to the fire board, due to his status as the county attorney, and the way he saw it the district could be dissolved in three ways. The first was that the division would request the dissolution; the second was if the board of directors requested the dissolution, and the third would be by way of a suitable number of eligible electors bringing forth an application.

The process would be for the board to approve the petition format, the electors’ signatures to be obtained, and the applicants would then submit the petition, along with a $300.00 cash bond, back to the board in order for someone to check the eligibility of the signers. He added that they would probably need the assistance of the County Clerk to determine that eligibility. Once the required number of petition signers was met, the district board would need to submit the petition to the court, and even if the board does not want to dissolve the district, they would be required to submit a plan outlining how the services will be continued if the dissolution occurs.

Mr. Kimble went on to say that if the petition gets filed with the district court, the judge will then want to know if the district is under any financial obligation, as well as how the services will be provided, adding that the judge may rule to keep the mill levy in place until all financial obligations are met, which would appear a wasteful endeavor from a legal standpoint.

Mr. Lyons asked if the district board had approved the petition format and Mr. Stogsdill said they had. Mr. Kimble added that if the court would determine that there are sound reasons for dissolution, then it would go to an election, and he assumed that the district would have to return the applicants’ $300.00 at that time. He also asked how everything could be paid for strictly through donations, as the medical services would also be affected.

Mr. Etl spoke up to say that most often a dissolution occurs when a municipality has grown enough in size to take over the services provided by that district, and Mr. Lyons asked Mr. Stogsdill if he was sure he wanted to continue with his plan.

Mr. Stogsdill said he did; that the district is far too large and the taxes are too high, and the time frame for approval of the petition was discussed. Mr. Stogsdill said the petition was filed on July 9, so the district would have sixty days to have the signatures approved.

Mr. Kimble asked if there was any way for the problems to be resolved other than in this manner, stating that if it was just the taxes that are too high, some boards do have the authority to lower them by giving a temporary tax credit. He felt it would be much better to talk things over than totally dissolve the district, adding that the dissolution process may end up costing quite a bit of money.

Mr. Safranek asked who was “waiting in the wings” to provide the services, but was told that no one wants to take the district over, and Mr. Stogsdill again repeated that the taxes are too high and he has heard nothing from the board that indicates they are willing to negotiate them.

Further discussion included kudos from Connie Webb to the volunteers who work so hard to keep the department going, the fact that the district and mill levy were approved by the voters when the district was formed, and costs to replace equipment, which the tax revenue probably wouldn’t cover. Mr. Etl said that a new fire truck costs around $400,000.00, half of which the district would have to come up with, since most DOLA grants require a fifty percent match. He felt they would almost need to raise the mill levy, rather than lower it.

Mr. Stogsdill didn’t believe they need a $400,000.00 fire truck in their area, as there are less people living there all the time. He felt the district should do all they can to raise money, including soliciting donations. Mr. Beedy asked him if he would consider taking the time to do the solicitation, as what the area needs is volunteers to do more than just fight fires or go on ambulance calls.

Mr. Stogsdill responded he would still give the district the amount he pays in taxes, but that the district just purchased a $25,000.00 truck and he didn’t want the government taxing him any more.

Ms. Devers interjected that she took exception to his comment, stating that the government did not force that mill levy upon the district; it was approved by the registered voters there.

Mr. Covington spoke as a member of the Hugo Volunteer Fire Department, stating that donations are way down for them, as people just aren’t giving money the way they used to.

Mr. Lyons felt that either a discussion between Mr. Stogsdill’s group and the district board needed to take place, or it would continue on to court, and Ms. Devers asked if the petition could be withdrawn; Mr. Kimble felt that it could. Mr. Covington wanted to know if the district received grant funding after becoming a district, and Mr. Etl said that he did not know, but that there was a possibility that there may be monetary obligations to take care of.

NIMS compliance was brought up and Ms. Devers said they were in the process of seeing who was or was not in compliance, and then board member Dean Parker stated that the volunteer fire fighters and ambulance crews already respond to everything, and it only seems right that the community give a little, too.

Patrick Leonard asked if the board can say that they disagree with the dissolution when they submit the plan, and Mr. Kimble felt that they could probably state their concerns, although ultimately it will be the court’s decision. Ms. Devers asked if someone had to agree to take it over and was told that was correct.

Shelby Britten stated that he didn’t totally agree with the district boundaries, as he had been one of the landowners who requested that some of his property be exempted, but he added that the district is a good thing, and Dean Parker added that one of the reasons they chose to form a district was that there were people in the community living in mobile homes that could not get insurance because they were not part of a fire district.

Mr. Lyons concluded the meeting stating that they could make no decisions as a board other than to strongly suggest that the two parties resolve their differences and not carry on with the dissolution process. Mr. Burgess said that he wanted to add one thing, and that was that the county had no intention of taking over fire districts.

Greg King had stopped by to request that the Board adopt a resolution authorizing emergency haying and grazing of CRP land, giving the audience a brief accounting of the reason for the request.

When the Board returned to their meeting room, Jack Pfost stopped by to discuss the county-owned property in the southern portion of the county that Rains’ have offered to buy for $100.00 an acre. He said the county really doesn’t have much there, but felt that it is definitely worth more than what was offered, and suggested around $300.00 per acre. The Board asked that he post a For Sale sign on it and see what happens. Mr. Pfost will draw up a contract, stating that he would probably only charge six percent if the property were to sell.

Mr. Lyons said he would like to ask Mr. Kimble a couple of questions since he was still present, and reported that he had received a complaint regarding property lines. Apparently, Lynn Fisher has a pasture south of Arriba and Donnie Schmidt has CRP ground on the other side of the fence. Mr. Fisher has been going onto the CRP to check his fence, so Mr. Schmidt put up another fence that keeps Mr. Fisher off the property. Mr. Kimble responded that it was a civil issue and did not involve the county.

Mr. Lyons also said that he attended the Fair Board meeting on July 15, and Mike Mosher asked if they could make the fire department hold their dance under the awning, rather than in the Ellis Allen building, as it is always such a hassle to remove all of the exhibits and clean the building before the dance can take place. Mr. Lyons said that he told Mr. Mosher to wait, as he felt they could not do that if the fire department had already rented the building. He also thought it would make it difficult for the fire department to collect an admittance fee if the demolition derby was also going on in the arena until around nine o’clock.

Mr. Kimble asked if there was a written agreement between the county and the fire department, but Ms. Devers said it is a simple form that the party fills out when they request use of the building. She asked if anyone had asked the fire department if they would consider such an option, but Mr. Lyons said that Mike had mentioned it a time or two.

The Board decided it would be best not to change anything this year, but that it could be discussed with the fire department before next year’s fair.

Mr. Burgess submitted an e-mail from Larry Kallenberger regarding an amicus brief request in the Mesa County Mill Levy Freeze Suit, and then Mr. Kimble reported that he has been working with Ms. Devers on the Montour subpoena, and had not heard from Steve Monks regarding the Roger and Cindy Gilbert Quiet Title action. He sent Mr. Monks a letter regarding the fact that the county was not willing to disclaim that particular portion of property, but that they were wiling to allow the Gilberts to continue to use the property for grazing purposes, provided that no permanent structures were constructed or other use made of the property without the county’s written consent.

The Board reviewed a letter and the response to the Office of the Attorney General concerning unincorporated areas of the county where the county commissioners have restricted the use of firearms. There are no such areas in Lincoln County.

Mr. Burgess made a motion to approve the minutes from the meeting held on July 7, 2008. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Beedy made a motion to cancel County General fund check #6181, written to Wendy Pottorff on June 29, 2007, in the amount of $21.51, since it was never cashed, and Road & Bridge check #7365, written to Lafarge West, Inc. on November 30, 2007, in the amount of $1,490.40, since the company said it was cashed. Mr. Burgess seconded the motion, which carried unanimously.

The Board reviewed the June reports from the County Clerk, Sheriff, Veterans Service Officer, and Treasurer, as well as the second quarter Public Trustee’s report.

Greg Etl returned to the meeting, as Ms. Devers had requested he help her with wording the letter regarding the New Energy Communities Initiative, since it needed to be to him today. After some discussion, Mr. Etl stated that he felt this initiative didn’t really fit anywhere in his region, as the real purpose seemed to be to reduce the carbon footprint. He suggested the county could still submit their single project under the regular cycle, but requested it not be done during the August cycle.

At 1:00 p.m., Kent Vance with Legend Enterprises met with the Board to discuss geothermal heating and cooling for the courthouse. Travis Nall was also present. After explaining that he had done several residential homes and quoting approximately $20,000.00 to $25,000.00 for a 2,500 to 5,500 square foot residence, Mr. Vance said he had only used horizontal wells, which are far less expensive than vertical wells. They discussed how far the wells could be from the structure, having to drill through the parking lot—which was just recently re-paved—desired temperature range of the water, and the fact that maintenance costs are minimal, as there really is nothing to maintain other than changing filters. Average time frame of getting money back would be three-to-six years if comparing to propane; otherwise, natural gas would be anywhere from five to ten years.

Since the courthouse has a total of eighteen furnaces, Mr. Vance thought he may need to add more units than what he first thought, adding that they may have to use separate units, depending on where everything was located and how it was arranged. He estimated $8,000.00 to $10,000.00, just for the units.

Mr. Burgess suggested he also look at the annex building, and Mr. Beedy wanted to know how much area would be required and if there was a difference in the efficiency of horizontal and vertical wells. Mr. Vance said he hadn’t seen any, and added that he would need a section approximately 100 feet by five feet. Required depth was another question, since the water table at the courthouse is approximately ten feet below ground, and Mr. Vance replied that they usually go two hundred and fifty-to-three hundred feet, but that it would be great to reach water so quickly.

Mr. Lyons asked about the warranty, and was told the units have a ten-year warranty on them.

Travis and Mr. Vance left to look at the annex building and courthouse, so Mr. Lyons placed a call to Blue Valley Energy and asked some of the same questions that they had asked of Mr. Vance, receiving close to the same answers.

Mr. Beedy made a motion to adopt a resolution authorizing emergency haying and grazing of CRP land. Mr. Burgess seconded the motion, which carried unanimously.

At a regular meeting of the Board of County Commissioners of Lincoln County, Colorado held in Hugo, Colorado on July 18, 2008 there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Present

Stan Kimble, County Attorney Present

Corinne Lengel, Clerk of the Board Present

Roxie Devers, County Administrator Present

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

RESOLUTION #687 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, Lincoln County has suffered numerous years with drought conditions, which are continuing and causing further loss of crops and forage for livestock; and

WHEREAS, the financial hardships for producers are increasing, forcing some to sell livestock due to lack of grass and hay; and

WHEREAS, producers need help with the financial burdens they face due to these conditions or they will not be able to survive economically; and

WHEREAS, there is forage on lands placed in the Conservation Reserve Program (CRP) that could be used for feed for livestock;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that emergency haying and grazing on CRP lands should be authorized immediately to provide much needed forage for livestock and assist producers during the on-going drought conditions;

BE IT FURTHER RESOLVED that the rental payment reduction for grazed CRP land be lowered to 10% to further assist the producers impacted by the drought.

Upon roll call the vote was:

Commissioner Burgess, Yes; Commissioner Beedy, Yes; Commissioner Lyons, Yes.

The Chairman declared the motion carried and so ordered.

Board of County Commissioners

of Lincoln County

_______________________________________

ATTEST: _______________________________________

_________________________________ _______________________________________

Clerk of the Board

Ms. Devers said the Assessor’s office had discovered two county-owned parcels; one 2.04 acres and the other 6.01 acres in Sections 8 and 9; T9S-R52W, and asked the Board if they would like to consider selling them. Since Koch’s own property adjacent to the parcels, Mr. Lyons asked her to contact them and see if they would be interested in buying them.

The Board reviewed a request from Jo Downey, with Prairie Development Corporation, to sign a letter of support for a Regional Heritage Tourism Expansion Grant. Mr. Beedy made a motion to sign the letter of support, Mr. Burgess seconded the motion, and it carried unanimously.

Also reviewed was a proposal from Building Restoration Specialties, Inc. for rebuilding the north wall of the roundhouse. Ms. Devers said she was quite shocked at the amount; $128,190.00, and that she had contacted CTSI to ask what to do about it. She was told that the insurance adjuster had said it would be around $54,000.00, so they will begin negotiations.

Mr. Burgess reported he attended the railroad relocation informational meeting in Limon on July 8, as did the other board members, as well as the Fair Board meeting that evening. On July 10 he attended Baby Bear Hugs and commended the seniors for helping so much with BBH projects. On the Fifteenth, he stopped at the landfill and toured roads, on the Sixteenth he met with Linda Olson to discuss Centennial Mental Health, and on the Seventeenth he received a call from Paul Jenkins who wanted to know if the county had any trucks they could sell to the Edison Fire Protection District. He also spoke with Sheriff Nestor regarding the transmission going out in one of his old cars and whether or not it would be interchangeable with the one the commissioners use. They also discussed the security grant and the fact that he had applied for $45,072.00 to be used for two part-time employees to work the metal detector, the new key-card system for the courthouse and a camera system for the courthouse.

Mr. Beedy wanted to know if the key-card system would interchange with the one the courts are using, but Mr. Burgess did not know.

Mr. Beedy attended the rail relocation meeting on July 8, as well as the EMS Council meeting that night. He attempted to attend the Northeast All Hazards web conference call on July 10, but he could not get on the call. On the Fifteenth, he attended the PUC Railroad Grade Separation Rural Input meeting, stating that it was interesting, but really didn’t provide any new, useful information.

Mr. Lyons reported he attended the rail relocation informational meeting in Limon on July 8, as well as the Fair Board meeting that evening. He added that the premise ID had been discussed again, and that Lawn Thompson and Jeff Thornton had presented a letter from the Sale Committee, which states that they had been contacted by several current floor buyers to let them know they would require that all animals they purchase have premise identification. The sale committee recognizes and respects the rights of the families to participate in premise ID or not, however, in order to get the best floor prices for the members, the committee came to a compromise. Those who do not have premise ID, or choose not to disclose it, will still be able to participate in the county sale; however, if a buyer opts to floor the animal and there is no premise ID on file, the exhibitor will receive a check for the premium amount (amount above the floor price) only, and will maintain possession of their animal. The letter went on to state that members without premise IDs on file will be unable to consign extra animals to the floor plan, as has been done in the past.

Mr. Lyons also said he and Chris Monks looked at the drainage issue at the fairgrounds, and although Chris has some ideas, they will wait until after the fair to address them.

Mr. Lyons reported that on July 10 he went by the landfill and they haven’t gotten any of the pallets from Genoa yet. On the Fifteenth, he went with Chris Monks and also talked to Les Rogers about new Super-therm products, but told him he didn’t believe the county was interested. He also received the call from Lynn Fisher that day, and called Wayne Shade to see if he’d heard anything from the UP regarding spraying weeds on their rights-of-way.

At that time, Wayne Shade stopped by the meeting, so he answered that he had heard nothing, although he was told they would contact him soon, and asked what the county intended to do about Linneburs’ noxious weeds, since he has received several complaints from neighbors. Wayne said he would see what he could find out, adding that the Tri-State station is surrounded by Canadian thistle. Mr. Burgess suggested he contact Mountain View Electric to see if they would work with the county.

At 2:15 p.m., County Assessor Estelle Thaller met with the Board to discuss the procedures for a Board of Equalization hearing. Jeremiah Higgins and Renita Thelen were also present. Ms. Thaller suggested fifteen minute time limits for each presenter, as well as a five minute rebuttal and a two minute summation for each party, keeping the entire hearing at around forty-five minutes. She informed the Board that the protestor (representing the Preferred Motel) can only protest the 2008 value at this hearing, and if they try to protest anything else, they would have to go through the abatement process for that. She explained that the owner paid $500,000.00 for the motel in November of 2005, and he now wants a value of $110,000.00 put on it. She added that she dropped the value from $580,000.00 to $450,000 after the owner complained that there were several problems with the place, and went with a market approach instead. The final thing Ms. Thaller had to say was that the Board needed to have a list of arbitrator’s, but that she would be happy to contact Ed Kovitz and Mike Hendricks to see if they would allow her to put them on the list.

Ms. Devers gave her report after Ms. Thaller had gone, saying that Leon Kelly didn’t believe the old thermostats could have their setback time changed, but was looking into it, although she hadn’t heard back from him yet. He did say that the new ones can.

After researching the bills from Dan Hendricks further, she came to the conclusion that the county owes him nothing more for glue, since he never hauled anything to the landfill, but charged $250.00 for that in his bid. When the Board agreed she said she would contact him and Mr. Burgess told her that if Dan wanted to meet with them to discuss it, he was welcome to do so.

Public Health Director Tonda Scott requested a raise for Stacey Phythian, the STEPP Coordinator, since she did not receive one in January when all the other employees did, because the grant cycle did not allow for it yet then. The raise is in the budget, so the Board agreed that she could be give a twenty-five cent per hour raise.

Ms. Scott also requested a county credit card with a $500.00 limit for Karen Mosher, since she wants her to attend a class on Medicaid billing. The Board approved the credit card, with a $500.00 limit.

Ms. Devers said that she had e-mailed Cynthia Barnes regarding Ms. Scott’s excessive amount of comp hours, and Ms. Barnes responded that Ms. Scott should be exempt from comp time, but admitted that the Board could choose to let her take it or not. Also, Ms. Scott planned on attending a week-long training with both Karen Mosher and Wendy Pottorff, but will not be able to attend, due to personal reasons. She asked that the staff be allowed to get checks from the Treasurer in order to pay for airport parking and per diem, since they will not be able to use her county credit card and do not have county cards of their own. The Board agreed that it would be acceptable, but only in this circumstance.

Brief discussion was held regarding the fact that Janitor Nova Waite will need another surgery on August 4, and what to do about the cleaning of the courthouse. Ms. Devers said LaRay Patton would finish up through the end of the month, but does not want to continue it after that. She did not know if Trisha Borns would consider continuing to clean the Social Services offices. Ms. Devers also said that Ms. Waite is concerned that she will not be able to get enough hours donated to her from other employees to cover the time she is gone. Ms. Lengel said she had an employee who would be willing to clean, but that they would have to pay overtime, as her staff is on a forty-hour week. She asked if it would be possible to do it as contract labor, or if that would be in violation of the labor laws. Ms. Devers said she would check into it.

Kent Vance stopped back by the meeting to say that he felt he would be able to install the geothermal heating and cooling systems in both the courthouse and the annex, but that he had decided it would probably take five units at the courthouse, which would put his bid at around $100,000.00. He felt the annex would be between $14,000.00 and $15,000.00, if horizontal wells were used. If they wanted to go with vertical wells, it would raise the bid to $20,000.00 or $25,000.00. Travis Nall said it may actually be cheaper than re-paving the parking lot.

Mr. Vance also said he could probably lower the price if the county would do the dirt work, adding that he uses Can-American for the drilling. He said he would submit a proposal within three weeks.

As for old business, Ms. Devers provided the revised proposal from All Access System Integrator for the key-card system for the courthouse, which totaled $16, 497.08. Mr. Beedy made a motion to sign the proposal and Mr. Lyons seconded the motion, which carried.

Regarding new business, the Board reviewed a letter from the Washington County Commissioners regarding housing inmates at the Washington County Justice Center, as well as an e-mail from Chris Mendez with CCI concerning information on the CDOT Rail Relocation Plan.

The final item of business was an e-mail from Chip Taylor with CCI regarding County Power Issues from the CCI summer conference, which needed to be returned to him today. The Board made their selection, and then, with no further business to come before them, the meeting was adjourned until 9:00 a.m. on July 30, 2008.

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Corinne M. Lengel, Clerk to the Board Ted Lyons, Chairman