MINUTES OF COUNTY COMMISSIONERS MEETING
January 20, 2009


- STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    January 20, 2009
The Hot Springs Board of County Commissioners met in regular session on Tuesday, January 20, 2009, at 9:00 a.m. in the Commissioners Room at the Courthouse.

Present were Commissioners Brad W. Basse, John P. Lumley and Frank T. Manning. Also present were County Clerk Hans Odde, Hot Springs County and Administrative Assistant to the Commissioners Penny Herdt. Prosecuting Attorney Jerry D. Williams arrived shortly after the meeting began.

Chairman Brad W. Basse led those present in the Pledge of Allegiance.
Approval of Agenda
John P. Lumley made a motion to approve the agenda with the following changes:
ADD:11:10 a.m.
11:40 a.m.
Other Business:
Sue Blakey BHB Discovery Center
Jerry Williams – Executive Session
6. Armory Joint Powers Board Report – Commissioner Manning
Frank T. Manning seconded the motion. Motion carried.
Public Hearing – Senior Citizens’ Center Planning Grant
Chairman Basse declared the public hearing open at 9:02 a.m. Jan Dickeson, Director of the Hot Springs County Senior Citizens’ Center, appeared before the Commissioners to request their sponsorship of the Feasibility Planning Grant for a new Senior Center. This is a resubmittal of a previous Wyoming Business Council grant request that was denied for lack of available funds. The grant is in the amount of $25,000.00, with a match amount of $8,333.00. This matching amount will be provided by the entity requesting the funds, which is the Senior Citizens’ Center. Commissioner Lumley restated the need for a new Center, both to accommodate increased demands for services provided by the Center and to get the Center off its current location on State property. The current location on State property prohibits grant funding for enlargement or reconstruction of the facility. Local citizen C.W. Clark indicated his strong support for the current director and the pursuit of the grant. After the requisite three calls for further public comment, Chairman Basse closed the public hearing at 9:04 a.m. Frank T. Manning moved to approve the application for the Feasibility Planning Grant for the Senior Citizens’ Center in the amount of $25,000.00, with the matching amount of $8,333.00 to come from the Senior Citizens’ Center. John P. Lumley seconded the motion. Motion carried.
Open Cold Mix Project Bids
Chairman Basse declared the public bid opening in progress at 9:17 a.m. Chairman Basse called for any further bids to be submitted by the audience. Receiving none, he declared the proceedings closed to acceptance of any further bids. Harry Hughes of Owl Creek Engineering, Project Bid Coordinator, opened the bids, reviewed them for initial compliance with the bid requirements, and presented them to the Commissioners. Bids were received as follows:
Kilroy Construction, LLC, - Afton, WY - $788,692.00
Knife River, Inc. – Casper, WY - $757,400.00
McGarvin-Moberly – Worland, WY - $519,070.45
Western Wyoming Construction Company – Lander, WY - $549,800.00
Mountain Construction Company – Lovell, WY - $343,230.20
McMurray Redi-Mix – Casper, WY - $504,418.00
Century Construction Company – Lewistown, MT - $590,800.00
Chairman Basse requested that Owl Creek Engineering take custody of all the bids for a complete review with submission of a written evaluation/recommendation to the Commissioners in time for their February 3 regular meeting. Final bid award will be made at the regular meeting of the Board of County Commissioners on February 3, 2009, at 11:30 a.m. All bidders will receive a detailed bid tabulation.
Pearce Subdivision – Final Hearing

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Chairman Basse declared the Public Hearing on the Pearce Subdivision open at 9:38 a.m. Participants included County Planner Lee Campbell and Russ Pearce. County Planner Lee Campbell presented paperwork on the Pearce Subdivision to the Commissioners. The Land Use Planning Commission has given a “Do Pass” recommendation for the Pearce Subdivision, provided that waste waterways are identified on the final plat. The final plat has not been received from the surveyor, and further work needs to be done with the Lucerne & Canal Company to resolve easements and water rights issues. After much discussion, Chairman Basse called three times for further public comment, and then declared the public hearing closed at 10:05 a.m. Frank T. Manning moved to table consideration of final approval of the Pearce Subdivision until the regular meeting of the Board of County Commissioners on February 3, 2009. John P. Lumley seconded the motion. Motion carried.
Lincoln 200th Birthday Proclamation
Dorothy Milek appeared before the Commissioners to ask them to issue a Proclamation declaring February, 2009, as Abraham Lincoln Month in recognition of Abraham Lincoln’s 200th birthday and his many contributions to our nation. The Wyoming Lincoln Bicentennial Commission has awarded nine counties in the state, including Hot Springs County, grants for the celebration of Mr. Lincoln’s life and accomplishments. Mrs. Milek reviewed several activities that will take place in Hot Springs County during the month of February as part of that celebration. Mrs. Milek will work with the Commissioners’ staff to create a proclamation that includes Hot Springs County and the towns of Thermopolis, East Thermopolis and Kirby for signature by all parties on February 3, 2009.
Coyote Terrace (Schmidt) Subdivision – Final Hearing
Chairman Basse declared the Public Hearing on the Coyote Terrace Subdivision open at 10:11 a.m. Participants included Planner Lee Campbell, Travis Hill with Holm-Blough Engineering, and Rob Schmidt by phone. Planner Campbell indicated that all easements and water agreements are in place, soil stability/erosion questions have been addressed, and all advertising requirements met. The Land Use Planning Commission has given “Do Pass” recommendations for the final plat and change of land use from agricultural to residential. The subdivision access road will be a private road to be maintained by the lot owners per a homeowner’s agreement. Chairman Basse called three times for further public comment, and then declared the hearing closed at 10:24 a.m. Frank T. Manning moved to change the land use from agricultural to residential in the Coyote Terrace Subdivision. John P. Lumley seconded the motion. Motion carried. John P. Lumley moved to approve the final plat of the Coyote Terrace Subdivision contingent upon Commissioners’ approval of covenants and homeowner’s agreements. Covenants and homeowner’s agreements will be presented to the Commissioners along with the recordable mylars for signature at the February 3, 2009, meeting.
County Audit Report
Michael Wright of the accounting firm of Koerwitz, Michel & Wright, provided the Commissioners with the Final Audit Report and Financial Statements for the fiscal year ending June 30, 2008. Mr. Wright reviewed the results of the audit and reported that the Financial Statements are in compliance with government standards – i.e. it was a “clean audit”. There were a few minor corrections made by the auditors and these are reflected in the final audit report statement. DEQ/EQC Ag Use Policy Socio-Economic Study Briefing Planner Lee Campbell and Marvin Blakesley with George & Associates reported to the Commissioners on the current status of the DEQ/EQC Ag Use Water Discharge Standards rule revisions. Jim Ruby of the Environmental Quality Council has issued an invitation to the County Commissioners to visit with him regarding the socio-economic impact study requested of the State by the counties regarding these rule revisions, and possible sources of funding for the study. Mr. Blakesley presented the Commissioners with a paper he has prepared outlining various scenarios and possible outcomes regarding the rule revisions. Planner Campbell presented the Commissioners with a box of information to take to Cheyenne with them this week to help in their meeting with Mr. Ruby.
Bighorn Basin Discovery Center Update
Sue Blakey reported to the Commissioners that Representative Lorraine Quarberg has prepared a funding bill for the BHB Discovery Center which should be assigned a number for introduction to the legislature by the end of the week. She also indicated that there is the perception on the part of the Community Assessment Team that there is no need to discuss the project at the Assessment Results

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meeting on January 22 as Governor has “shut the project down”. Ms. Blakey wanted to make sure the Commissioners know that the project has not been shut down and that it should be a part of the Community Assessment results discussion. The Commissioners reaffirmed their support for the project and agreed to deliver a report prepared by the Greater Learning Foundation to the legislators when the bill comes up for introduction.
Other Business
USDA Rural Development Vehicle Grant – Sheriff Lou Falgoust presented the Commissioners with the application for the USDA Rural Development Vehicle Grant in the amount of $15,000.00. This grant is used to help purchase new/replacement vehicles as needed for the Sheriff’s department. John P. Lumley moved to approve the grant application. Frank T. Manning seconded the motion. Motion carried.
Lodging Tax Election Resolution – County Clerk Hans Odde presented Lodging Tax Election Resolution #2009-02 placing the renewal of the 4% Lodging Tax on the ballot for a special election to be held on May 5, 2009. John P. Lumley moved to sign the resolution. Frank T. Manning seconded the motion. Motion carried.
Lodging Tax Election Resolution
Number 2009-02
WHEREAS, Hot Springs County recognizes the importance of lodging and tourism as a mainstay of the County’s economy; and
WHEREAS, a substantial portion of lodging tax revenues collected in Hot Springs County are paid by out-of-county residents as well as out-of-state tourists.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HOT SPRINGS COUNTY, WYOMING: That the Board agrees that the question of a four percent lodging tax proposition should and will be placed on a special election ballot to come before the Hot Springs County voters on the 5th day of May, 2009.
Approved this 20th day of January, 2009
Brad W. Basse, Chairman
John P. Lumley, Vice Chairman
Frank T. Manning, Member
ATTEST:
Hans Odde, County Clerk
Lodging Tax Board Term – County Clerk Hans Odde discussed Rick Ridenour’s appointment to the Lodging Tax Board at the last meeting. The term actually begins June 1st , but there is a vacancy created by a recent resignation from January 1st through May 31st . Clerk Odde felt that the interim vacancy could most efficiently by filled by the revision of the effective date of Mr. Ridenour’s appointment to January 1 2009. John P. Lumley moved to revise the effective date of Mr. Ridenour’s appointment to January 1, 2009. Frank T. Manning seconded the motion. Motion carried.
Museum Board Resignation – Dick Hall has submitted a letter of resignation from the Museum Board due to his recent election to the Town Council. Clerk Odde reported that advertising for a replacement has begun, due to expiration of Mr. Hall’s current term on June 1, 2009. The Commissioners accepted Mr. Hall’s resignation with regret and asked that a letter be sent to Mr. Hall expressing gratitude for his excellent service in the past.
Airport Fly-In Grant Application – County Clerk Hans Odde presented a grant application to the Wyoming Department of Transportation, Aeronautics Division for the Airport Fly-In in the amount of $1161.00. The Fly-In will be held on June 20, 2009. Frank T. Manning moved to approve the grant application. John P. Lumley seconded the motion. Motion carried.
Armory Joint Powers Board Report – Commissioner Manning reported that the Armory JPB met with State Park Superintendent Kevin Skates recently to discuss the transfer of ownership of the Armory from the Military to the Joint Powers Board, with the State Park leasing the land the Armory occupies to the Joint Powers Board, similar to other leasing agreements between the State Park and county entities. There was some concern regarding funding for major repair items. The possibility of participation from

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the State Parks Board was discussed. There will be a work session on February 3rd at 6:00 p.m. at the Town Hall for all interested entities to discuss these concerns.
Correspondence
State Dept. of Audit – Cost of Maintaining County Government in Wyoming
Bob & Carrie Ryan – Thank you to Sheriff’s Department for Search & Rescue efforts
Library Board Minutes
State Dept. of Audit – Special Districts Compliance Notification
U.S. Census Bureau – Emergency/Transitional Shelters & Homeless Mobile Food Van Service
Airport Operations Report – Annual – 2008, and December, 2008.
Commissioners reviewed the foregoing correspondence. No action was required or taken.
Executive Session
At 11:52 a.m., John P. Lumley made a motion to enter Executive Session to discuss personnel and potential litigation issues. Frank T. Manning seconded the motion. Motion carried. At 12:15 p.m., Frank T. Manning made a motion to leave Executive Session. John P. Lumley seconded the motion. Motion carried. No actions were taken during or as a result of the Executive Session

There being no further business before the board at this time, Frank T. Manning moved to adjourn the meeting. John P. Lumley seconded the motion. Motion carried.
Attest:


Brad W. Basse, Chairman Hans Odde, Clerk to the Board
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