BOULDER -- Commissioner Chuck Notbohm at Tuesday's commission meeting accused his fellow commissioners of illegally and secretly meeting to discuss a proposed land swap between the county and local business owner Bruce Wagner.

He also protested the county commissioners' method for paying claims and said he would refuse to sign any.

The other two commissioners, Ken Weber and Tom Lythgoe, denied any wrongdoing.

Notbohm, acting as a citizen, submitted a letter protesting two appraisals the commission received on 1.99 acres of county property along Highway 69 across from the county's shop.

The commission is considering swapping the parcel for a 100-year-old house at 118 W. Centennial, which houses Boulder Administration Services, owned by Wagner and his wife, Jackie.

The house has been appraised at $169,000. The county would pay the Wagners the cost difference and would use the house for office and storage space.

The first appraisal of the county's property in June set the value at $23,000. The second, done recently at the request of Notbohm, was $40,000.

"I really feel that this property is worth a lot more than what's stated here," Notbohm said at Tuesday's meeting, when he submitted his protest letter.

He contends it's more valuable because it's actually two lots and because a $15,000 engineering study has already been completed by the county for supplying water and sewer service to the lots.

"This here stinks to high heaven," he said.

He also accused the other commissioners of keeping secret the initial appraisal done in June.

He alleged that the appraisal report hadn't been properly date stamped and circulated to all the commissioners when it was received. Instead, he saw a copy of the report lying on the commission secretary's desk.

"All I was asking you to do is follow some sort of process," he said. "This is wrong. This is illegal," he said.

"All proper procedures were followed as relates to this particular episode....Every procedure was followed properly. He is wrong. He is wrong," Lythgoe responded.

County Attorney Mathew Johnson told the commission that his inquiries indicate no improper communications took place between the commissioners and Wagner.

"I've found no evidence of an illegal meeting," he said. "I'm sure I haven't seen anyone go behind anyone's back."

He said there is an issue that the report was not date stamped when it was received and that all correspondence should be stamped.

Johnson advised the commission that because of Notbohm's protest letter, it cannot legally proceed with a buy-sell agreement until a district judge appoints a panel to do an independent assessment of the county's property.

Notbohm also said he was concerned about potential costs of repairs to the Wagner house, and listed problems such as a sagging roof, sidewalk repairs, drainage and insulation issues.

And he questioned if the county would need to meet more rigorous building code standards if it, rather than a citizen, purchased the building.

The commission postponed discussion of the buy-sell until the district judge can appoint an independent committee to appraise the county's land.

Notbohm also announced that he is refusing to sign claims because they are no longer being read aloud before the commissioners sign them at their weekly administrative meeting.

He said that the June claim for the initial appraisal on the county property was signed without him being aware of the bill.

In other matters, the commission:

n will look into the legality of using metal mines money to complete a proposed $60,000 sewer/water study for the north end of Jefferson County;

n approved paying Saddle Mountain Services $1,000 in compensation for a situation that resulted in the homeowners association losing a lot containing their water storage tanks for fire protection.

A fire fighting tax assessment was mailed to the wrong address, resulting in the property being auctioned off for unpaid taxes. It cost the association $5,000 in attorney's fees and payments to repurchase the lot; and

n postponed a decision on transferring county parkland to the Montana City Ranches commercial subdivision until the commission gathers more information.

Reporter Marga Lincoln: marga.lincoln@helenair.com 447-4074 .