Board of County Commissioners of Lincoln County

Agenda for April 6, 2009

9:00 Call to order and Pledge of Allegiance

9:00 John Huppert, General Manager, and Ben Orrell, Member Services Representative, with K.C. Electric Association to discuss the development of wind energy and the impacts it has on their business, as well as the possibility of increased regulation by the Public Utilities Commission of Tri-State Generation and Transmission’s resource planning

9:45 Roger Noakes, District 2 Road & Bridge foreman, to discuss the purchase of a small packer

10:15 Gene Amann to discuss painting of the County Clerk’s Office

1. Approve additional expense vouchers

2. Approve the minutes from the March 31, 2009 meeting

3. Review a letter from the Department of Local Affairs concerning distribution of American Reinvestment and Recovery Act (ARRA) funds through the Community Services Block Grant program (CSBG), with Colorado East Community Action Agency to receive $55,683

4. Review and sign the 2009 Emergency Management Performance Grant (EMPG) to receive $4,300 in federal EMPG funds

5. Review correspondence concerning the insulation to be used in restoration of the Hugo U.P. Railroad Roundhouse

6. Discuss revision of the Memorandum of Understanding between the Lincoln County Fair Board and the county Extension Office

7. Discuss signing a letter of support for renewal of the grant for the Expanded Food and Nutrition Education Program (EFNEP)

8. County Commissioners’ reports

9. County Administrator’s report

10. County Attorney’s report

11. Old business

12. New business

The Board of Lincoln County Commissioners met at 9:00 a.m. on April 6, 2009. The following attended: Chairman Ted Lyons, Commissioners Steve Burgess and Gary Beedy, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. Kay Christie with The Limon Leader and the Eastern Colorado Plainsman was present until 11:15 a.m.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance and then John Huppert, General Manager of K.C. Electric Association, and Ben Orrell, Member Services Representative, met with the Board to discuss the development of wind energy and the impacts it has on their business, as well as the possibility of increased regulation by the Public Utilities Commission of Tri-State Generation and Transmission’s resource planning.

Mr. Burgess informed the gentlemen that the commissioners’ main concern with implementing some type of renewable energy for the courthouse would be the fear of taking lucrative business away from K.C. Electric, as the county is one of the large consumers of electricity in the town of Hugo. Mr. Huppert assured the Board that they are very aware of renewable energy and support and promote it, since there always has to be an alternative source of energy, anyway. They are looking into net-metering, which is the difference of usage of electricity between the co-op and the usage through solar or wind energy. He added that he didn’t think it would hurt K.C. for the county to implement renewable energy, but they obviously wouldn’t know unless it happened. The commissioners were concerned that if the county took away their business, the other consumers would be forced to make up the difference, which Mr. Huppert said was certainly a possibility. Mr. Huppert promised the Board that they would do everything they could as a co-op to help if the county wanted to implement renewable energy, but Mr. Burgess told him there was no way the county could afford it at this time.

Mr. Beedy asked Mr. Huppert if they have any influence on the PUC, as it is considering the possibility of increasing regulation of Tri-State Generation and Transmission’s resource planning. Mr. Huppert told them that it is a big concern, as it would drive more control costs through the co-ops, which he felt was unnecessary. He said they had adopted a resolution, which they agreed to share with the Board.

Mr. Burgess asked that the section of the minutes regarding the mileage on the county van, from the meeting held on March 31, 2009, be corrected to read: “…the transmission oil was changed at 92,000 miles in September.” Mr. Burgess made a motion to approve the minutes from the meeting held on March 31, 2009, once the correction was made. Mr. Beedy seconded the motion, which carried unanimously.

A letter from the Department of Local Affairs concerning distribution of American Reinvestment and Recovery Act (ARRA) funds through the Community Services Block Grant program (CSBG) was reviewed. Colorado East Community Action Agency would receive $55,683.

The Board also reviewed the 2009 Emergency Management Performance Grant (EMPG) to receive $4,300 in federal EMPG funds. Mr. Burgess made a motion to sign the grant, Mr. Beedy seconded the motion, and it carried unanimously.

The Board reviewed a letter from Historic Preservation Specialist Nan Rickey concerning the insulation to be used in restoration of the Hugo U.P. Railroad Roundhouse and stating she would approve the rigid insulation if a taper is provided.

Also reviewed was the Memorandum of Understanding between the Lincoln County Fair Board and the county Extension office, but the Board felt that it did not need revisions. Ms. Devers said they had until May, so they could approve it at a later date.

After discussion, Mr. Burgess made a motion to sign a letter of support for renewal of the grant for the Expanded Food and Nutrition Education Program (EFNEP). Mr. Beedy seconded the motion, which carried unanimously.

At 9:45 a.m., Mr. Burgess explained that District Two Road & Bridge foreman Roger Noakes had other jobs to attend to, so he, himself, would present the information for the purchase of a small packer for his district. He explained that the one they are interested in from CAT Rentals would be $2,795, but if they traded, it would be around $2,300.

Mr. Beedy reported that he came into the Clerk’s office on April 1 and completed the title transaction for the truck that District Three sold to the Edison Fire Department. On the Second, he attended the Eastern Colorado Services for the Developmentally Disabled special meeting to appoint an interim director, which they did.

Mr. Burgess reported that he attended a meeting at Morgan Community College in Limon after the commissioner meeting on March 31, and commended their program. On April 1, he attended the COG meeting, and on the Second, the Baby Bear Hugs meeting. On the Third, he traveled to Yuma for the Centennial Mental Health meeting, and said they are making an attempt to restructure the organization so that one director doesn’t have to cover five counties.

Mr. Lyons reported that he talked to Gene Amann on April 2 about the painting job in the Clerk’s office, and had asked him to meet with the Board if he had issues regarding the project. He also talked to Chris Monks on April 3, 4 and 5.

At 10:15 a.m., Gene Amann met with the Board to discuss painting of the County Clerk’s office. Since Ms. Lengel would like to split up the job; part to be done in mid-May when the driver examiner is on vacation, and the other part to be done in mid-June when she can get state motor vehicle employees to come out and move all of the equipment and wiring, he wanted to make sure he would be paid for two separate jobs. The Board agreed that would be fine; he would receive a check in May for the work completed then, and another in June when the job is finished. Mr. Beedy said he would even be willing to pay for the materials in May, since Mr. Amann would already have them on hand.

Ms. Devers reported that she’d spoken to Beverly Rave with the State Land Board, and they will begin the process of deciding which properties will be sold at their meeting this month. She said that work on the process should be completed by this summer, and then they will put the process in place and begin determining which pieces of property to offer for sale.

As for old business, Mr. Burgess wanted to know when they should schedule the sale of the cars and other items that are not being used, and it was decided they would do so at the May 15 meeting. He also asked about the process for step raises and how long one can be delayed if the employee hasn’t been given one. Ms. Devers said that it would be up to the department head and would depend on the employee’s evaluation.

The Board reviewed the March reports from the Clerk and the Treasurer, as well as the minutes from the March 31, 2009, Tourism Board meeting.

Extension Director Linda Yoder met with the Board to give her monthly report, stating that they had weighed in fifty-eight head of beef on February 28, which was a few less than last year, and added that they will enforce the Scrapie rules for sheep and goats this year and will inform their members. She conducted a 4-H leader training workshop, and reported that a total of fifty-four attended the 4-H Fun Day on March 16. County Council 4-H members sold raffle tickets on a pick-up for the State 4-H Foundation and, in return, received $525 for their efforts. The raffle tickets will be sold again this year and they hope to have the pick-up on display at the Streets of Fire car show in June. They sold over one hundred tickets and were rewarded with an overnight stay at the Renaissance Hotel in Denver, which they presented to Jane Thompson, who is the leader sponsor for the County Council. Five members attended the District Retreat, which is a leadership camp for older 4-H members, and three members attended Youth Fest for the younger members. The livestock judging team is doing very well and Lincoln County will host a Livestock Judging contest on April 18. The Meat Quality Assurance training will be held on April 20, and Mick Livingston, agent from Kit Carson County will be here to help. Ms. Yoder stated that it is a required part of the 4-H program to insure that members know and follow good principles of livestock stewardship. The windbreak tree distribution went well, although there is still one box of cedars and one box of junipers left. They are still working on the billing so do not yet have figures available. Ms. Yoder was part of the Taste of the High Plains Job Opportunities put on by the Limon FFA on March 25, where they spoke with over two hundred and fifty high school students about job opportunities and higher education. Several counties are getting together to present a program on Restructuring the Beef Business on April 23, and with Dr. Jack Whittier, CSU Extension Cow/Calf Specialist, Dr. Roy Roath, CSU Extension Range Management Specialist, and Dr. Norm Dalsted, CSU Extension Economist/Farm Ranch Management Specialist attending, it should be a very good program. Ms. Yoder reported that the EFNEP program was going very well, and that Gretchen had been asked to teach some in Morgan County at the college. They will pay her mileage. Since it is time for the grant to be renewed and it has been difficult to get the number of people they need, they would like to make the grant for both Lincoln and Morgan counties. The headquarters would remain in Lincoln County and Ms. Yoder asked for a letter of support for the grant, which is due by April 15. Ms. Devers said the Board had approved it earlier. Ms. Yoder’s computer quit and she sent it to CSU for repair, but she ended up buying a new one since it couldn’t be fixed. She paid for it out of user fees and extra money made from the tree sales, so no county budgeted funds were used. The final item Ms. Yoder had to discuss was the MOU between the Extension Office and the Fair Board, and since the commissioners had no problems with it, she said she would take it to the next fair board meeting for them to review.

Mr. Burgess made a motion to go into executive session, per C.R.S. 24-6-402 (4) (f) (I), to discuss personnel. Mr. Beedy seconded the motion, which carried unanimously. Those remaining for the session were Mr. Lyons, Mr. Burgess, Mr. Beedy, Ms. Devers, Ms. Yoder and Ms. Lengel. The session was tape-recorded and the tape is on file in the County Clerk’s vault.

After coming out of executive session, Mr. Lyons called for new business. Ms. Devers said they had received a letter from Dorman Brothers, LLC requesting an approval letter for the anhydrous ammonia site at Karval Fertilizer, since it is a requirement of the Colorado Department of Agriculture Fertilizer Control Program. Mr. Beedy made a motion to send a letter of approval for Dorman Brothers, LLC and Mr. Burgess seconded the motion, which carried unanimously.

Ben Orrell with K.C. Electric had e-mailed their information regarding the PUC to Mr. Beedy, but since there was no resolution attachment, the Board agreed to duplicate the one they had received from Phillips County, once some information had been changed.

Mr. Burgess made a motion to adopt a resolution opposing the expansion of the Colorado Public Utilities Commission’s regulatory jurisdiction to include Tri-State Generation and Transmission’s resource planning decision. Mr. Beedy 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 April 6, 2009 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 OF THE BOARD OF COUNTY COMMISSIONERS OF LINCOLN COUNTY, COLORADO OPPOSING INCREASED REGULATION BY THE COLORADO PUBLIC UTILITIES COMMISSION OF TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.

RESOLUTION #716 It was moved by Commissioner Burgess and seconded by Commissioner Beedy to adopt the following resolution:

WHEREAS, residents, businesses and public services in Lincoln County, Colorado rely on affordable and reliable electricity provided by Mountain View Electric Association and K.C. Electric Association, member-owned electric cooperatives; and

WHEREAS, Tri-State Generation and Transmission Association, Inc. (Tri-State) is a wholesale electric power supplier that is owned by and provides electricity to Mountain View Electric Association and K.C. Electric Association, as well as 42 other electric cooperatives in Colorado, Nebraska, Wyoming and New Mexico; and

WHEREAS, the Colorado Public Utilities Commission (PUC) has opened Docket Number 091-041E to explore whether it should expand its regulatory authority to include Tri-State’s resource planning and has requested public comment on this issue; and

WHEREAS, although it is not currently subject to comprehensive oversight by the PUC, Tri-State has launched numerous initiatives with its members to reduce power usage by consumers, develop new sources of renewable energy and invest in new technology; and

WHEREAS, Lincoln County is committed to promoting the responsible stewardship of the environment; and

WHEREAS, Tri-State is a not-for-profit wholesale power supplier governed by a democratically elected board representing Mountain View Electric Association, K.C. Electric Association and Tri-State’s other 42 member electric cooperatives, and because these cooperatives are owned and governed by the consumers they serve, Tri-State acts in the best interests of its consumers without unnecessary government regulation; and

WHEREAS, decisions about how to provide electricity to Tri-State’s largely rural service area and how to balance environmental concerns with the need for reliable and affordable electricity in these communities are best made by local cooperatives and their members, not un-elected regulators in Denver; and

WHEREAS, if Tri-State is forced to comply with an increased layer of costly regulation, it will have fewer resources to invest in future energy efficiency and renewable energy initiatives; and

WHEREAS, Tri-State is a non-profit organization and increased regulation by the PUC is not necessary since the interests of their consumers are already a priority, with local representation on their Board;

NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of Lincoln County opposes the expansion of the Public Utility Commission’s oversight of Tri-State Generation and Transmission Association, Inc.

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

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ATTEST: _______________________________________

_________________________________ _______________________________________

Clerk of the Board

A call was placed to County Attorney Stan Kimble to see if he had anything to report. He said he had gone by the stockpile of shingles at the offload site in Genoa and then spoke with Land Use Administrator Ken Morrison about county zoning regulations. Neither of them felt there was much power in the regulations to use against the company, and Mr. Kimble again mentioned the county considering adoption of nuisance regulations for the future. Mr. Burgess said they would try to contact Gary Stillmunkes with Asphalt Specialties again when they hung up, and would let Mr. Kimble know if they found out any other information.

Mr. Burgess placed a phone call to Mr. Stillmunkes, but had to leave a message.

Mr. Burgess said that RSVP Director Stacey Phythian had asked for some part-time help, and suggested they hire someone for about ten hours a week, if there was enough money in the budget. Mr. Beedy wondered if they should let Kit Carson County know they were considering it, and then the Board approved the remaining expense vouchers for the month of March.

CLAIMS

With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on April 16, 2009.

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