Board of County Commissioners of Lincoln County

Agenda for September 17, 2009

8:00 Call to order and Pledge of Allegiance

8:05 Dean and Nova Waite to discuss their janitorial positions with the county

9:00 Open bids for reconstruction of the roof over the 8 bays on the Hugo Union Pacific Railroad roundhouse

10:00 Public Health Director Tonda Scott to present her resignation and to discuss the process to fill her position, as well as other issues concerning the Public Health Office. Herman Schreivogel, CEO of Lincoln Community Hospital, and hospital employee Mark Morrison will also attend to discuss sharing a position with Public Health for Emergency Preparedness and Response (EPR)

1:15 Joe Linnebur to update the Board on his spraying of noxious weeds

1. Approve the minutes from the September 8, 2009 meeting

2. Cancel County General check #11963 written to Hart’s Auto Supply on July 31, 2009 for $73.87 since it was not received

3. Review information from Tony Wernsman with W.W. Enterprises concerning the soil cover material for Cell 3 at the county landfill

4. Review a request from the Republican River Water Conservation District for the county to appoint their representative to the District Board of Directors

5. Review the August reports from the Treasurer and the Assessor

6. Review the August reports of revenues and expenditures for Capital Projects, Conservation Trust, E911, Landfill, Lodging Tax, Library, and Public Health

7. Sign an agreement with Matt Powell to provide IT services to the county

8. Review and sign the Development Agreement between Lincoln County and Cedar Point Wind, LLC

9. Review a proposal from Mark Hefta with Hefta Group, Inc. for the Lincoln County fairgrounds lift station

10. Review and sign the Intergovernmental Agreement between Lincoln County and CDOT for two Off System bridge projects

11. County Commissioners’ reports

12. County Administrator’s report

13. County Attorney’s report

14. Old business

a. Act on the proposed amendment to the Lincoln County Economic Development Incentive Policy

b. Review and sign a letter to Deb Young, Director of CSU Extension, concerning staffing in the Lincoln County Extension Office

15. New business

The Board of Lincoln County Commissioners met at 8:00 a.m. on September 17, 2009. The following attended: Chairman Ted Lyons, Commissioner Steve Burgess, and Commissioner Gary Beedy until 11:10 a.m., County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel. Kay Christie with The Limon Leader and Eastern Colorado Plainsman attended from 8:00 a.m. until 9:00 a.m. and from 1:20 p.m. until approximately 3:00 p.m. County Attorney Stan Kimble attended in the afternoon.

Chairman Lyons called the meeting to order and led the Pledge of Allegiance, and then Dean and Nova Waite met with the Board to discuss their janitorial positions with the county. Mrs. Waite explained her current medical situation and informed the commissioners she would be meeting with a surgeon later today and another on September 29. She suggested a solution to keeping their jobs would be to allow her niece to work for her in her absence. She also asked if Dean could remain in the position for another five months until he reaches his sixty-fifth birthday.

Mr. Burgess said that he’d never had to make a harder decision as a commissioner, as it involved the livelihood of good employees, but he felt there is no way that Mrs. Waite can perform her job duties at this time. He told her that her niece would be required to go through the hiring process; she couldn’t just substitute for Mrs. Waite, as she and Dean are not contract employees, and the liability to the county would be too great. Mr. Burgess’s opinion was that if Mrs. Waite is not capable of coming back to work at one hundred percent efficiency as of October 1, 2009, the position will be advertised to new applicants. He added that if Dean and her niece wanted to apply at that time, they would certainly be permitted to do so.

Mr. Lyons agreed, stating that the Board has a responsibility to the citizens of the county to be cognizant of how their tax dollars are spent, and Mr. Beedy felt the same, adding that the county had already paid out additional money to part-time janitors over the past year when Mrs. Waite had other medical issues and couldn’t work. Mr. Lyons asked the Waites to come back on September 30 with a report of what the doctors had told Nova.

Ms. Devers asked if the Board intended to continue with the position being a part-time job or if they would consider changing it to a full time position, or even contract labor. Mr. Burgess responded that they will decide that on September 30, as well.

Once the Waites had gone, Mr. Lyons said he’d found a spelling error in the September 8 minutes and asked that Terry be corrected to Kerry. Mr. Beedy had noticed that Leo Hurtado’s bid figure was also incorrect, so it was changed from $1,224 to $1,225 and $5,050 was changed to $5,275. Mr. Burgess made a motion to approve the September 8, 2009 minutes, as corrected. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Burgess made a motion to cancel County General check #11963 written to Hart’s Auto Supply on July 31, 2009, for $73.87, since it was not received. Mr. Beedy seconded the motion, which carried unanimously.

The Board reviewed an agreement with Matt Powell to provide IT services to the county, and Mr. Burgess made a motion to sign the agreement. Mr. Beedy seconded the motion, which carried unanimously.

As the Intergovernmental Agreement between Lincoln County and CDOT for two Off System bridge projects was reviewed, Ms. Devers informed the Board that it had turned into quite an ordeal. She had received a phone call from a woman with CDOT, telling her not to let the commissioners sign the IGA until they verified the dollar amounts in it. Apparently, there was a question of whether or not the county would be willing to pay for the design costs out of pocket, which amounted to roughly $200,000 for the two bridges.

Mr. Burgess said he’d been on the internet the previous evening and found information from a company called Big R that actually makes bridge arch supports for a fraction of the cost, and he felt it would definitely be worth doing further research on for LIN 31-4C.9, the bridge that needs rehabilitation in District Two. They could get pre-cast footers and would have to have a soil sample done, but he added that Tony Wernsman could do that for $350. He felt they could save $50,000 or $60,000 and said that when he spoke with Chris Monks about it, Chris agreed that he would like to try it.

Ms. Devers said that both bridges were specified on the same CDOT contract, and since the funding has already been approved for the bridges in both Districts Two and Three, there was a question as to whether or not CDOT would allow the arches to be used for the bridge in District Two.

Mr. Beedy felt they would probably end up replacing the majority of the bridges in the county with culverts eventually anyway, but he believed they should still go ahead and complete the process to accept the funding for the bridge in his district, since it’s on a well-used highway. Mr. Lyons agreed, stating that they might as well; they can always turn it down if they decide they want to do something else in the future.

Mr. Burgess said he would take the information from Big R to Denver with him next week and would try to speak to Ojukwu Abiakam with CDOT about it. Mr. Burgess also discussed applying for funding for another bridge in his road district.

Since Mr. Beedy had to leave to attend another meeting at 11:00 a.m., the Board chose to review and act on the proposed amendment to the Lincoln County Economic Development Incentive Policy. Ms. Devers said she’d heard from Dave Stone with the Town of Limon, who had questions regarding the Board’s decision. She explained to him that the commissioners felt they didn’t want to put the county in a position where they would be obligated to pay specified amounts in incentives to prospective business owners, and that they were merely inserting some flexibility into the percentages in the policy in order to keep the county from being liable.

No other public input was given, so Mr. Beedy made a motion to adopt a resolution amending the paragraph regarding incentives in the Lincoln County Economic Development Incentive Policy. 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 September 17, 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 #733 It was moved by Commissioner Beedy and seconded by Commissioner Burgess to adopt the following resolution:

WHEREAS, the Board of County Commissioners of Lincoln County adopted an Economic Development Incentive Policy with an effective date of February 1, 2009; and

WHEREAS, the Lincoln County Commissioners reviewed that policy and determined that changes are necessary, but that such changes will still encourage the development of new businesses and the expansion of existing businesses, promote economic development, and create employment opportunities in the county, while helping to sustain existing businesses;

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that the current Economic Development Incentive Policy be amended, specifically that the paragraph on Incentives be replaced by the following:

Incentive Agreements are limited to four (4) consecutive years. Lincoln County may include in Incentive Agreements the requirement that a business remain in Lincoln County for a specific period beyond the incentive period or repayment of incentives will be required. Companies that continue to expand may re-apply for new Incentive Agreements. For expansions, incentives are calculated based on the amount of each new investment. New or expanding businesses that meet the Eligibility Criteria, set forth above, may apply for incentives that may be granted up to the incentive schedule set forth as follows:

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

The Board reviewed a letter drafted by Ms. Devers to Deb Young, Director of CSU Extension, concerning staffing in the Lincoln County Extension Office. Mr. Burgess made a motion to sign the letter, Mr. Beedy seconded the motion, and it carried unanimously.

Mr. Beedy reported participating in the CHP conference call on September 9, as well as attending the Fair Board meeting that evening. On the Eleventh, he attended the State Transportation Advisory Committee meeting, reporting that they had begun working on the 2011 budget. He also received a phone call from Becky Herron on September 15.

Mr. Beedy made a motion to sign the Development Agreement between Lincoln County and Cedar Point Wind, LLC. Mr. Burgess seconded the motion, which carried unanimously.

The Board reviewed a proposal from Mark Hefta with Hefta Group, Inc. for the Lincoln County fairgrounds lift station, but due to the cost and the fact that it was time for the bid opening, further discussion was tabled. Ms. Devers said she had looked on the DOLA website and learned that the restroom facilities would be considered for funding, but not any of the engineering fees. The same was true for USDA grants and loans.

At 9:00 a.m., the following bids for reconstruction of the roof over the eight bays on the Hugo Union Pacific Railroad roundhouse were opened:

Spectrum General Contractors, Inc.; $701,740.00

Torix General Contractors, LLC; $1,028,060.00

Palace Construction; $1,188,764.00

McCauley Constructors; $478,845.17

Sprung Construction; $589,200

Ms. Devers was pleasantly surprised that three of the bids received were within the budgeted amount, and informed those present representing the bidders that the commissioners would make a decision later in the day as to who the responsible, low-bidder was, once the bids were evaluated for accuracy. She added that CDOT would also have to approve the Board’s decision, and left the meeting to check on the whereabouts of Merrill Wilson and John Lund, who she said were coming to help her review the bids.

Information from Tony Wernsman with W.W. Enterprises concerning the soil cover material for Cell 3 at the county landfill was reviewed, as well as a request from the Republican River Water Conservation District for the county to appoint their representative to the District Board of Directors. Mr. Lyons said that Raymond Enderson was interested in serving in that capacity, so the Board agreed to appoint him.

The August reports from the Treasurer, Assessor and Veteran’s Service Officer were reviewed, as well as the August reports of revenues and expenditures for the Capital Projects, Conservation Trust, E911, Landfill, Lodging Tax, Library, and Public Health funds.

Extension Director Linda Yoder stopped in to turn in her formal resignation, effective October 15, 2009. She said she’d written a letter to CSU Director Deb Young, giving official notice of her retirement, which she shared with the Board. She also asked if it would help the cause to have the Advisory Board send a letter to Ms. Young regarding the 4-H position, and the Board agreed that it might.

Mr. Burgess asked Ms. Yoder if she would be willing to work part time until a new director is hired, and Ms. Yoder said that she would; in fact, the Strong Women, Strong Bones program meets in the evenings twice each week until Thanksgiving, and she would like to finish it up. She said all she would ask for in reimbursement would be mileage.

Mr. Burgess regrettably made a motion to accept the resignation of Lincoln County Extension Director Linda Yoder. Mr. Beedy seconded the motion, which carried unanimously.

Mr. Lyons reported that on September 8 he’d received a phone call from Scott Ravenkamp regarding a railroad meeting. On the Ninth, he checked roads with Chris Monks, including the one south of Keith Thelen’s, upon Charlie Allis’ request. He attended the Fair Board meeting that evening. On September 11, he received another phone call from Brenda Toft regarding County Road 33 being washed out, so he had it graded. On the Fourteenth and Fifteenth, he, Wayne Shade and Darrel Lehrkamp attended a prairie dog meeting in Sterling. He received a phone call from Becky Herron also.

Mr. Burgess reported attending the Fair Board meeting on the Ninth, as well as a Centennial Mental Health meeting in Julesburg on September 10. On September 15, he attended the D.A.’s budget meeting, picked up some bolts at Eaton, and received a phone call from Becky Herron. On the Sixteenth, he worked in Genoa getting the pads ready for the fuel storage tanks. Mr. Beedy asked if they had been approved yet, and Mr. Burgess said that he would not have the concrete poured until everything was official.

At 10:00 a.m., Public Health Director Tonda Scott was scheduled to meet with the Board to present her resignation and to discuss the process to fill her position, as well as other issues concerning the Public Health Office. However, she was delayed, so the Board reviewed the proposal she had submitted in writing prior to the meeting.

Herman Schreivogel, CEO of Lincoln Community Hospital, also attended to discuss sharing a position with Public Health for Emergency Preparedness and Response (EPR). He felt there was too much duplication in the duties of the three employees involved with EPR; Tonda Scott, Mark Morrison and Ken Morrison, and suggested hiring one employee to do it all, to which the others readily agreed. He wanted to know whose employee the Board felt that person should be, adding that money may be saved if the person were to be a hospital employee, as the hospital does not pay the full health insurance benefits for their employees.

Mr. Lyons felt the hospital may be better equipped to hire such a person, and Mr. Schreivogel said that Mark Morrison didn’t think the person would have to be an RN, even though that was what Ms. Scott wanted.

He asked if the Board would then hire two new people; one to replace Ms. Scott and a new EPR employee, and Mr. Burgess came up with the idea of having the hospital take over Public Health, stating that the county would have to contract out for immunizations anyway until a new nurse was hired.

Mr. Schreivogel said he would need to know exactly what programs Public Health provides and what the responsibilities are, as well as if it is legal for the hospital to take the department over, adding that it might be in their favor that the hospital is actually a county department itself. It would simply be a shift in responsibility. The hospital board would then need to approve of the plan, once it is determined if it is legal, and Mr. Schreivogel said that they meet in one week.

Mr. Lyons felt that having the Public Health department run by the hospital would also help in the storage issue they have been having, suggesting that the Public Health office could be used as the EPR office. Mr. Schreivogel thought there would be plenty of room in the old People’s Regional Clinic building, as well.

Ms. Scott arrived at 10:30 a.m. and her job duties were discussed in relation to the EPR duties. She said that she simply does not have enough time to do both jobs adequately, especially the paperwork involved.

Mr. Burgess asked if she would consider staying on if another nurse was hired, and Ms. Scott said she may. He also asked if the EPR employee would have to be a nurse, and Ms. Scott replied that a paramedic was another possibility, but Mr. Schreivogel said they would probably have more luck hiring a nurse. Ms. Scott’s reason for wanting a nurse was so that the person could also help her with immunizations.

Ms. Scott said another big issue was the School Nurse program, and Mr. Beedy said that it was not mandatory that the county provide a school nurse, but that it was a requirement for BOCES and the schools to have them. Ms. Scott said there are twenty-one schools in the east-central region that BOCES services and it has been just too difficult to get to all of them. She added that she had also been very frustrated with the commissioners’ response to her request to renovate the Public Health office.

Mr. Burgess responded that he does not want to build another wall in that already small office, and that there are other options to the storage problem.

Ms. Scott said that if someone else were hired for the EPR, then the school nursing program might not be such a problem for the Public Health office, adding that she feels it is a very necessary program.

Everyone agreed to hiring one person to perform the Emergency Preparedness and Response duties, and Mr. Burgess said he would stop at BOCES and speak with Floyd Bierd more about the school nurse program when he went back to Limon. He added that they would not accept Ms. Scott’s resignation at this time, but asked her to reconsider. Mr. Beedy put in that the county did not want to lose her, and Ms. Scott said she would think about it over the weekend. The Board will begin their budget meeting at 8:00 a.m. on Tuesday, September 22, in order to discuss it further.

Mr. Burgess said that as far as new business was concerned, he would like for Fair Manager Mike Mosher to present a monthly usage report for the fairgrounds and buildings, as well as his employee time sheets. The others agreed.

At 1:15 p.m., Brian Johnson with NRCS, Greg King with Farm Service Agency, and Weed Control Coordinator Wayne Shade arrived for the update Joe Linnebur was to provide to the Board regarding the spraying of his noxious weeds. However, Mr. Linnebur did not show up, even though County Attorney Stan Kimble said he’d left a phone message for him, reminding him of the meeting. Everyone did agree that Mr. Linnebur is making a legitimate attempt to spray the weeds, at least on the south end of his property, by using Round-up and 2-4-D.

While they waited for Mr. Linnebur, Stan Kimble gave his attorney’s report, stating that he’d mailed the responses to those parties that sent letters to the commissioners in regard to the Karval school criminal case, and that he had also sent the copy of the county’s sales tax ordinance in regard to agricultural pesticides to Dan Osborne, who will take it before the Policy Group. He has also nearly completed the Pest Ordinance for the county.

Mr. Burgess said he’d thought of another item of new business, and that was that he would like to send a letter to Wes Randolph, who is now in charge of filling the vending machines in the courthouse lobby, requesting that he either fill the machines on a regular basis, or remove them from the building. They will ask Ms. Devers to send him a letter.

Mr. Burgess also asked Mr. Kimble to look into the legalities of the hospital taking over the Public Health department.

Since Joe Linnebur still had not arrived, Mr. Lyons asked if anyone had any suggestions as to the next step. Greg King provided a copy of a page from their handbook outlining the requirements that producers must protect land enrolled in DCP from weeds, including noxious weeds, and erosion, including providing sufficient ground cover if determined necessary by the county committee. He did say that violation may result in a reduction of payments; however, the regulations become a little more ambiguous when state-leased land is not involved.

Brian Johnson said his agency is certainly willing to work with Mr. Linnebur to develop an Integrated Best Management Plan, and at Mr. Kimble’s suggestion, the Board decided to continue monitoring Mr. Linnebur’s progress, and if it becomes apparent that he is no longer making an attempt to control the weeds, they will take further action at that time.

Ms. Devers then returned with historical architect Merrill Wilson and John Lund with Martin and Martin Engineering, to discuss the bids for the work on the roundhouse roof. Mr. Lund said they’d gone through the two lowest bids to determine whether or not there were reasonable discrepancies that would cause them to be rejected, and provided the following information.

Even though the bid from McCauley Constructors was lower, there were slight problems with the bid that caused them concern. First, it appeared that McCauley intended to broker, or sub-contract, the majority of the job, which is not what was indicated during the bid pre-qualification phase. On the other hand, Sprung Construction, a company that both Ms. Wilson and Mr. Lund have previous experience working with, would do all of the work themselves, with the exception of the actual roofing.

Another concern that both Mr. Lund and Ms. Wilson had is that McCauley’s previous experience in historical construction is limited, whereas Sprung Construction’s core business is such and they can prove extensive experience with these kinds of projects. Mr. Lund said they had called the carpentry sub-contractor that McCauley said they would use for this project, and were told that they have no historical experience whatsoever, which concerned him, as well.

Mr. Lund went on to say that they had also discovered a mathematical error in the bid from McCauley, and were apprehensive about the numbers they had submitted for the removal of the existing roofing, decking, beams and joists, because it appeared extremely low; as did the bid amount for the intricate trim/finish carpentry work. When they spoke with someone from McCauley, Mr. Lund and Ms. Wilson were informed that the numbers were lower in some cases due to a different procedure that they would use. They did agree that the bid for the trim work was a bit low, but said they would do it for that price anyway. Mr. Lund said he gave them every opportunity to retract their bid when he pointed out the discrepancies, but they didn’t do so.

Based on the above, Mr. Lund said they would recommend accepting the bid from Sprung Construction, rather than that from McCauley Constructors; however, since it is a publicly funded project and there is no real basis to disqualify the bid from McCauley, he said it would be completely up to the Board to decide.

Mr. Burgess was worried that with such a low bid, McCauley may look for short cuts and Ms. Wilson put in that local contractors were eliminated during the pre-qualification process because they had no experience with historical construction. To then allow the bid to someone who intended to sub-contract it to others who may not have experience either seemed unfair.

Mr. Kimble wanted to know if the contract provided language that the lowest bid did not have to be accepted, and was told that it contained wording allowing the county to reject any and all bids, which he felt would be helpful, but not necessarily adequate, should the case be taken to court.

Ms. Devers put in that CDOT has to concur if the county chooses not to accept the lowest bidder, and that Matt Jagow had told her that if that is the case, they will have to justify their reasons for not doing so. She added that McCauley may not understand that the State Historical Society has to approve the construction, as well, and Ms. Wilson put in that the roundhouse was deemed the number one project in the state for rehabilitation.

Mr. Burgess made a motion to accept the bid of $589,200 from Sprung Construction for reconstruction of the roof over the eight bays on the Hugo Union Pacific Railroad roundhouse, and to outline the Board’s reasons for not accepting the lower bid from McCauley Constructors. Mr. Lyons seconded the motion, which carried.

Mr. Lund said there may be a response from McCauley, and Mr. Kimble wanted to know how long the funding would be available to the county if McCauley should bring an injunction asking that the project be stopped. He also suggested contacting the county’s insurance carrier to see what repercussions there may be in the case of a lawsuit.

Once Ms. Wilson and Mr. Lund had gone, Ms. Devers reported that Theresa Rusher, the activities director at Lincoln Community Hospital Nursing Home, contacted her with questions about using the handicap accessible van to take residents to the mall Christmas shopping, to see the zoo lights, or school activities in the evenings. She wanted to know if there was a mileage limit or if there were other restrictions regarding use of the van. Ms. Devers said they pay for two regularly scheduled trips each month, but to her knowledge those trips have always been within Lincoln County. Mr. Lyons and Mr. Burgess both agreed there would be no problem with using the van for such activities.

Ms. Devers said she’d been contacted by Bill Dietrich with Lonco, regarding the inspection of the county’s minor structures-bridges less than twenty feet, and wanted to know if the commissioners were interested in having that done, but they said they were not.

Discussion resumed concerning the fairgrounds and the information received from Mark Hefta, and Ms. Devers reiterated that GOCO funds cannot be used to pay for engineering costs. While fifty percent of those costs can be used as the match, work cannot begin until the grant agreement has been signed. Depending on the size of the grant applied for, there is either a twenty-five or thirty percent match required, with ten percent of that being cash. The good news is that outdoor restroom facilities at fairgrounds are an eligible project type for GOCO funding.

Mr. Burgess said he would like for Mike Mosher to bring in the statistics from the last year of how many times the fair buildings were used, not including the county fair. He felt they need a usage log in order to assess septic usage.

Ms. Devers said she also looked at USDA Rural Development Community Facilities grants and e-mailed Cheryl Scofield to verify that that funding was eligible. Fairgrounds restrooms are something that an application could be submitted for.

Ms. Devers presented a lease agreement between Caterpillar Financial Services and Lincoln County for the lease purchase of a road grader for District One, stating that it requires a lessee’s council opinion, which will give the county the ability to enter into the agreement. She asked that Mr. Kimble draw it up, and Mr. Burgess made a motion to adopt a resolution authorizing the lease purchase of a road grader for District One. Mr. Lyons seconded the motion, which carried.

At a regular meeting of the Board of County Commissioners of Lincoln County, Colorado held in Hugo, Colorado on September 17, 2009, there were present:

Ted Lyons, Chairman Present

Steve Burgess, Vice Chairman Present

Gary A. Beedy, Commissioner Absent & Excused

Stan Kimble, County Attorney Present

Corinne Lengel, Clerk of the Board Absent & Excused

Roxie Devers, County Administrator Present

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

RESOLUTION #734 It was moved by Commissioner Burgess and seconded by Commissioner Lyons to adopt the following resolution:

WHEREAS, COUNTY OF LINCOLN, COLORADO (the "Governmental Entity"), a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of Colorado (the "State"), is authorized by the laws of the State to purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into contracts with respect thereto; and

WHEREAS, in order to acquire such equipment, the Governmental Entity proposes to enter into a lease-purchase transaction pursuant to that certain Governmental Equipment Lease-Purchase Agreement (the "Agreement") with Caterpillar Financial Services Corporation, the form of which has been presented to the governing body of the Governmental Entity at this meeting;

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lincoln County that:

Section 1. Approval of Documents. The form, terms and provisions of the Agreement and all other schedules and exhibits attached thereto are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be approved by counsel of the Governmental Entity or other members of the governing body of the Governmental Entity executing the same, the execution of such documents being conclusive evidence of such approval; and the persons holding the titles listed below or any other officer of the Governmental Entity who shall have the power to execute contracts on its behalf are hereby authorized and directed to execute, acknowledge, countersign and deliver the Agreement and all exhibits attached thereto, and the Clerk of the Governmental Entity is hereby authorized to attest to the foregoing and affix the seal of the Governmental Entity to such documents.

Section 2. Other Actions Authorized. The officers and employees of the Governmental Entity shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement.

Section 3. No General Liability. Nothing contained in this Resolution, the Agreement, or any other instrument shall be construed with respect to the Governmental Entity as incurring a pecuniary liability or charge upon the general credit of the Governmental Entity or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Governmental Entity or any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the Governmental Entity as provided in the Agreement.

Section 4. Authorized Signatories. Following are the true names, correct titles and signatures of the incumbent officers referred to in the foregoing resolution:

Section 5. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.

Upon roll call the vote was:

Commissioner Burgess, Yes; Commissioner Lyons, Yes.

The Chairman declared the motion carried and so ordered.

Board of County Commissioners

of Lincoln County

ATTEST: _______________________________________

_________________________________ _______________________________________

Acting Clerk of the Board

With no further business to come before the Board, the meeting was adjourned until 8:00 a.m. on September 22, 2009, when the Board will conduct the first round of 2010 budget hearings.

______________________________________ _______________________________

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