The Board of County Commissioners met in special session at 9:00 a.m. with Commissioners, Madison Traster, Carl Higgs, and Marty Long in attendance. Linda McHenry, County Clerk was also present. The meeting was held in the Cooper-Clark Meeting Room at the Library.

 

            The meeting was called to meet with commissioners from Stanton, Stevens, and Morton Counties as well as Pinegar, Smith and Associates. The following attended the meeting: John Pinegar and Doug Smith, Pinegar and Associates; John Frieden, Attorney; Martie Floyd, John D. Smith and Shannon Dimitt, Stanton County Commissioners; Allen Tucker and Ron DeGarmo, Morton County Commissioners; Mary Gilmore, Morton County Clerk; Dave Bozone and O.D. Littrell, Stevens County Commissioners; Ed Wiltse, Mayor of the City of Ulysses; Scott Malone and Ann Papay, City of Ulysses Council Members; Tom Fuhrmann, Appraiser; Kellie Euliss, Ulysses News; and Krystal McCray, Grant County Gazette.

 

            Ron DeGarmo, nominated Madison Traster as Chairman to preside over this special meeting. The nomination was seconded and there being no further nominations, Mr. Traster was unanimously elected as chairman. Carl Higgs nominated Linda McHenry as recording secretary for the meeting. The nomination was seconded and there being no further nominations, Ms. McHenry was unanimously elected as recording secretary.

 

            Doug Smith gave a presentation on the Heavy Rail Improvement Strategic Plan, which was done for Stanton and Grant County and the City of Ulysses.

 

            Discussion was held on the problems with the rail and cost to cure the problems.

 

            John Pinegar talked about getting legislation passed that would enable the four counties to join together to be more competitive regarding economic development. Mr. Pinegar emphasized this would not replace current economic development programs in the various counties. It would be another tool for local economic development to use.

 

            The possibility of partnering with private and/or public entities to purchase the railroad or upgrade the rail was talked about. Mr. Pinegar said there are public leaders who have indicated an interest in helping with funding as long as there is a local match of some kind. It is believed there will be federal and state funding available. Mr. Pinegar emphasized that when funding is received commissioners need to be in charge of the funds. It was mentioned that a representative from Cimarron Valley Railroad said they would supply a cost estimate for upgrading the rail. No estimate has been received to date. Hiring an independent consultant to provide an estimate for upgrading the rail and giving an estimate of value of the railroad was discussed. This will be discussed at the next meeting.

 

            The possibility of putting pressure on the railroad to upgrade the line was discussed. Attorney John Frieden said there are very few legal avenues available to force the railroad to do anything, but safety is one of the issues that can be used.

 

            Commissioner Ron DeGarmo asked how many miles of line were being talked about. It was explained that the line being discussed at the present runs from Satanta through Grant and Stanton County. There was concern expressed from Morton and Stevens County that the rail in those counties is not adequate.

 

            Commissioner Traster mentioned that if money is spent on upgrading rail and the railroad is sold, we need to have some arrangement in place for recovering funds.

 

            Mr. Pinegar said there appear to be three goals: 1) Keeping the railroad; 2) Upgrading the rail; and 3) Controlling the purse strings. He said that whatever is done, we have to keep the existing stake holders in mind. This includes the railroad and existing users.  Mr. Pinegar also said there will need to be public/private partnership. There are some people in the private sector who have expressed interest in working with the community toward upgrading the rail.

 

            Discussion was held on the proposed legislation for the four counties. Attorney Frieden explained that counties already have some authority through interlocal agreements to work together. If passed, the new legislation would authorize the formation of a new group comprised of a voting commissioner from each county and an alternate voting commissioner from each county. This group would have the authority to raise money, the power to tax, and it would have the ability to bond. Essentially, the group would have the same powers as each individual board of commissioners. The biggest item would be revenue sharing between the counties.

 

            Mr. Frieden explained that in order to proceed, each county would have to form an Interlocal Agreement to join in this legislation. Mr. Frieden presented a copy of the proposed legislation which is subject to change before it is proposed to the legislature. The legislation as currently worded would apply to all counties that want to utilize it. Mr. Pinegar said it is important that control of the new group remain local and not with the legislature. Commissioner Long asked if it could be said that this would give us an unfair advantage. Mr. Pinegar explained that as he sees it, we are not asking anybody for anything, we are asking for authority to use our money as we see fit. Commissioner Long agreed and noted that these four counties have so much in common and counties in other regions may not have as much in common.

 

            The mechanics of the proposed consortium were discussed. The following example was given on the process for considering a business. (ABC Box Company is interested in locating in Grant County. The local economic development thinks it’s a feasible business and they present it to the city council. The council agrees but can’t offer enough incentives on their own so they take it to the county commissioners. The commissioners think it’s a good idea, but don’t have the resources to persuade the company to locate in Grant County. Grant County takes their proposal to the consortium of four counties. At that time, the consortium considers the proposal and decides if it is a viable project.) The consortium is not meant to be an administrative one, just a decision making body.

 

            Mr. Pinegar said he would have to work with each county to see what amount of money would be contributed by each county. Using a mill amount for seed money could be considered. Money could be pledged by each county but retained in that county until funds are needed. It was the consensus of all that it would not be necessary to have a large amount of money sitting in a bank somewhere.

 

            The consortium would be set up so you could add someone or you could get out of it if you decided it was no longer useful to your county.

 

            Carl Higgs made the motion that Grant County enter an agreement with Pinegar, Smith and Associates and with Attorney John Frieden to work toward new legislation permitting counties to form a consortium for economic development and to address the rail problem in the counties. Marty Long seconded the motion and it passed unanimously.

 

            Martie Floyd made the motion that Stanton County enter an agreement with Pinegar, Smith and Associates and with Attorney John Frieden to work toward new legislation permitting counties to form a consortium for economic development and to address the rail problem in the counties.  John D. Smith seconded the motion and it passed unanimously.

 

            Allen Tucker made the motion that Morton County enter an agreement with Pinegar, Smith and Associates and with Attorney John Frieden to work toward new legislation permitting counties to form a consortium for economic development and to address the rail problem in the counties. Ron DeGarmo seconded the motion and it passed.

 

            Dave Bozone made the motion that Stevens County enter an agreement with Pinegar, Smith and Associates and with Attorney John Frieden to work toward new legislation permitting counties to form a consortium for economic development and to address the rail problem in the counties. O.D. Littrell seconded the motion and it passed.

 

            All counties agreed on the name for the new group. It will be called Western Kansas Development Organization or We Kan Do.

 

            Commissioner Ron DeGarmo mentioned a transmission line for wind energy might also be considered. Other commissioners agreed this could be talked about.

           

            Attorney Frieden will draft a charter for the group and interlocal agreements for the counties so they can work together. The charter will have provisions for officers, etc.

 

            John Pinegar and Doug Smith will be contacting neighboring legislators to solicit their support for the new law.

 

            The next meeting of the counties will be January 25, 2007 at Hugoton.

 

            Respectfully submitted,

Linda McHenry, Secretary

 

            The commissioners adjourned after lunch to meet again in regular session on January 16, 2007.

Linda McHenry, County Clerk                                                  Madison Traster, Chairman