Board of County Commissioners of Lincoln County

Agenda for January 25, 2010

3:30 Call to order and Pledge of Allegiance

3:35 Ralph Snyder with Stewards of the Range will discuss the coordination process that was used in Texas

1. Review and sign the contract with the Colorado Department of Transportation for funding for construction of two county bridges

2. Old business

3. New business

The Board of Lincoln County Commissioners met for a special meeting at 3:30 p.m. on January 25, 2010. Those attending were: Chairman Steve Burgess, Commissioners Gary Beedy and Ted Lyons, County Administrator Roxie Devers and Clerk to the Board Corinne M. Lengel.

Chairman Burgess called the meeting to order and led the Pledge of Allegiance and at that time, Ralph Snyder with Stewards of the Range, along with members of the CARR board and other members of the public, met with the commissioners to discuss the coordination process that was used in Texas.

After explaining that coordination is the mechanism that will give the commissioners the power to control what happens in Lincoln County and that federal law says there must be a government-to-government level of coordination, Mr. Snyder discussed the Trans-Texas Corridor project and how he and his group had gotten the efforts stopped through research and compilation of information, meetings held with the entities involved with the project, and a detailed record of any violations of law that were committed. His belief was that the commissioners can have an effect on what is happening and that their efforts have the possibility of being successful as long as they follow a strict adherence to documentation and law.

Mr. Snyder detailed how the coordination meeting should be handled, including the need to have answers to the questions that will be asked of CDOT, not allowing anyone from the public sector to speak if they should attend the meeting, and having a sergeant at arms present should the need arise to remove someone from the meeting. He cautioned that the commissioners cannot lose control of the meeting and that they must be sure to contact the Federal Highway Administration and the Department of Justice with documentation each time they receive an answer to a question that is not true.

He went on to say that it is likely that CDOT will offer the county money at some point and advised not falling into that trap, as they will want the right-of-way but the county will be the one to suffer the pollution, noise and other detrimental factors. He added that the state will need to build the overpasses or grade crossings should the rail line cross a county road, and any time that private land is crossed, they will need to build a crossing wide enough for a combine. He asked why a railroad, which already has imminent domain, would ask the state to build a railroad, adding that it was because they wanted the right-of-way and suggested that various easements would then follow for pipelines, utilities, cell towers, fiber optics and many others. Mr. Snyder said that the bottom line is that the state will take the land through imminent domain and then develop it. Tax bases will be lost, not only for the county, but school districts, and others as well.

According to Mr. Snyder, every statute dictates that the state must coordinate with local government, and he advised that each time the county receives an, “I don’t know the answer to that question,” response, that it be documented and they request that CDOT find out the answer and submit it back to the county in writing so that there is an accurate record of it.

Mr. Beedy asked what kind of an agenda was provided for a coordination meeting, and Mr. Snyder explained that the Board should ask CDOT if they want something in particular on the agenda, but reiterated that the commissioners must be sure to control the meeting at all times.

He went on to say that the associates will be the ones asking the questions, although the commissioners can ask some if they want to, as long as they ask only the questions provided by the associates, as they will have the ready answers. When asked about the associates, Mr. Snyder commented that he has understood that both Dan and Margaret Byefield will be in attendance at the meeting and that they will be the ones working to provide the questions and appropriate responses.

Mr. Snyder also said that the National Environmental Policy Act could become one of the county’s closest friends, as it states that environmental studies must be done early on in a project, and to his knowledge, there have not been any completed at this time. He added that talk for this type of rail line started in 1979 and stated that the commissioners probably don’t know it, but there is also a problem with emissions along the I-70 corridor and the commissioners have the right to ask for information.

Some of the questions suggested by Mr. Snyder involved why a four hundred foot easement is needed for a train, and who will pay for things such as waterlines if pipelines carrying hazardous materials are allowed in the easement. He also told Scott Ravenkamp that it would be a conflict of interest if anyone from the county joined their advisory committee, so suggested not to do so. He did advise that everything that is documented should be done in the form of a petition, such as a lawsuit, so that the Federal Highway Administration will understand the significance and importance of the documentation.

Mr. Snyder said that the state’s plan must be consistent with the county’s, so if the commissioners would consider adding an addendum to the current land use regulations providing that any expansion be done in the existing footprint, then there shouldn’t be a problem with growth because there would be nowhere to expand to. Mr. Beedy said that created a different issue, as then there would just be increased traffic on the existing tracks. He also thought it might require another public hearing to add more changes to the land use regulations.

Mr. Snyder stated that in Texas they can update their regulations without a public hearing, but did not know about Colorado law. He advised that the county stay away from public/private partnerships, as well as toll ways, adding that transportation corridors can be beneficial if they are handled in the proper manner. The Board thanked Mr. Snyder and the CARR board members for their time.

The Board reviewed the contract with the Colorado Department of Transportation for funding for construction of two county bridges, but Mr. Burgess said he had received other information that the ROW phase needs to be funded to cover the cost of the temporary easements. The e-mail he received from Region One ROW Manager Jay Kramer also said that the commissioners should not be discussing the project with local property owners, and that he estimated it would cost about $30,000 for that purpose. Mr. Burgess felt he would like to table signing of the contract and further discussion until Thursday’s meeting, as he hopes to meet with someone else at CDOT prior to that time.

Mr. Beedy made a motion to sign a letter to Angie Oswalt, Board Liaison with the Colorado Rural Workforce Consortium of the Colorado Department of Labor and Employment, appointing Morgan County Commissioner Laura Teague as Lincoln County’s representative acting on their behalf. Mr. Lyons seconded the motion, which carried unanimously.

The Board briefly discussed options for the coroner vehicle, which they will discuss in further detail at the meeting on Thursday. With no further business to come before the Board, the meeting was adjourned until 9:00 a.m. on January 28, 2010.

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Corinne M. Lengel, Clerk to the Board Steve Burgess, Chairman