MINUTES OF COUNTY COMMISSIONERS MEETING January 06, 2009

- STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		January 06, 2009
The Hot Springs County Board of Commissioners met in regular session on Tuesday, January 06, 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 Attorney Jerry D. Williams and Administrative Assistant to the Commissioners Penny Herdt. Chairman Brad W. Basse led those present in the Pledge of Allegiance.
Moment of Silence
Prior to proceeding with the meeting, a moment of silence was observed in remembrance of Vince Hayes, former Hot Springs County Commissioner and former Sheriff, and Alex McDougall, former Hot Springs County Youth Alternatives Program Director. Condolence cards were signed and will be sent to the families of these gentlemen.
Approval of Agenda
John P. Lumley made a motion to approve the agenda with the following amendments:
ADD:	1:00 p.m. – Carl Leyba/Jim Mills – Lodging Tax Issues
DELETE:	1:00 p.m. – DeLoyd Quarberg – BLM Revision Plan 1:30 p.m. – Cold Mix Project Bid Opening
Frank T. Manning seconded the motion. Motion carried.
Approval of Minutes
Frank T. Manning made a motion to approve the minutes of December 02, 2008, and December 16, 2008, as presented. John P. Lumley seconded. Motion carried.
Approve Bills
The following bills were submitted for approval: (see attached) Payroll for December 2008 - $147,479.79.
Reorganization 2009
1. Elect Chairman and Vice Chairman - Frank T. Manning made a motion to elect Brad W. Basse as Chairman of the Hot Springs County Board of Commissioners with John P. Lumley as Vice Chairman. John P. Lumley seconded. Motion carried. 2. Set Meeting Dates - Frank T. Manning made a motion to set the meeting dates for the Board of Commissioners as the first and third Tuesday of every month, with the first meeting of the month starting at 9:00 a.m. and the second meeting of the month starting at 4:00 p.m. The only exception to this schedule being the second meeting in January, which will start at 9:00 a.m. due to travel requirements for the Wyoming County Commissioners Association Legislative Meeting in Cheyenne that same week. John P. Lumley seconded. Motion carried. 3. Appoint County’s Official Paper - John P. Lumley made a motion appointing the Independent Record as the County’s official newspaper. Frank T. Manning seconded. Motion carried. 4. Set Commissioner’s Special Areas of Responsibility - John P. Lumley made a motion designating the following as areas of special responsibility for each Commissioner: Brad W. Basse: Town Properties, Town of Thermopolis, Chamber of Commerce, Thermopolis Hot Springs Economic Development Company, Yellowstone Development District and Basin Authority Child Support Enforcement and Wyoming County Commissioners Association Board of Directors. Frank T. Manning: Road and Bridge, Town Properties, Town of Thermopolis, Hot Springs County Library, Hot Springs County Fairboard, Human Resources, and Hot Springs County Memorial Hospital. 1 John P.Lumley: Town Properties, Senior Citizen Center, Yellowstone Development District, Town of Thermopolis, Hot Springs County Museum, and Search and Rescue. Frank T. Manning seconded the motion. Motion carried. Chairman Basse suggested adding the following Special Areas of Responsibility – BLM Bighorn Basin Resource Management Plan, and Armory Joint Powers Board. John P. Lumley moved to add the BLM Bighorn Basin RMP to Frank T. Manning’s and John P. Lumley’s areas of responsibility. Frank T. Manning seconded. Motion carried. John P. Lumley moved to add the Armory Joint Powers Board to Frank T. Manning’s area of responsibility. Frank T. Manning seconded. Motion carried. 5. Set County Holidays for the CY 2009 – John P. Lumley made a motion to approve the County Holidays as follows: (i) 01/19/09 Martin Luther King, Jr. /Wyo. Equality Day (3^rd Monday in January); (ii) 02/16/09 President's Day (third Monday in February); (iii) 05/25/09 Memorial Day (last Monday in May); (iv) 07/03/09 Independence Day (July 4 falls on Saturday); (v) 09/07/09 Labor Day (first Monday in September); (vi) 11/11/09 Veteran's Day; (vii) 11/26-27/09 Thanksgiving Day (fourth Thursday in November); Friday also (viii) 12/24-25/09 Christmas Eve – Close @ noon; Christmas Day ix) 01/01/10 New Years Day 2010 Frank T. Manning seconded. Motion carried.
Emergency Management Monthly Report
Emergency Management Coordinator Bill Gordon was unable to attend the meeting. County Clerk Hans Odde presented the WyoLink Membership Agreement to the Commissioners for their signature. The agreement has been reviewed and found to be acceptable by both Mr. Gordon and County Attorney Jerry Williams. Mr. Gordon would like to hold off on any financial participation by the County until problems with communication via the portable radios is worked out. This membership agreement does not commit the County financially in any way. Frank T. Manning moved to approve the agreement for signature. John P. Lumley seconded. Motion carried.
Lorraine Quarberg – EDC Monthly Report
Red Rock Commercial Center: EDC Director Lorraine Quarberg notified the Commissioners that she would be leaving for her legislative duties in Cheyenne and that Chris O’Byrne would be handling the EDC report for the next two months. Ms. O’Byrne presented Red Rock Commercial Center Draw Down Request #21 for $19,130.00. John P. Lumley moved to approve Draw Down request #21 in the amount of $19,130.00. Frank T. Manning seconded. Chairman Basse recused himself from voting due to his status as a subcontractor on the project. Motion carried. Ms. Quarberg reviewed handling of the liquidated damages assessed the project contractor, JTL. The $9100.00 in damages assessed JTL but already received as part of Draw Down Request #19 will be retained by the EDC until the funds reconciliation process at the end of the project per discussion with Karen Fate of the Wyoming Business Council. Ms. Quarberg indicated that the landscaping contract has been awarded to Sweetwater Gardens of Riverton and that work has begun on the sewer expansion project. Completion of these two projects should mark the end of the financial portion of the Red Rock Commercial Center project. EDC Sales Tax Initiative: EDC Board members Harry Hughes, Lorraine Quarberg, Carl Leyba, Tom Linnan and Dee Hillberry appeared before the Commissioners to request a resolution calling for the placement of a 0.25% special purpose sales tax proposal to be placed on the ballot for the special election to be held on May 5, 2009. The monies raised by this proposed quarter-cent sales tax would be used to sustain the operations side of economic development in the community, and would reduce the amount of money requested by EDC from the budgets of the County, Town of Thermopolis, Town of East Thermopolis and Town of Kirby by a minimum total of $54,000.00. The grant funding received by the EDC from the Wyoming Business Council and other sources can only be used for specific projects – not day to day operations – which has caused some financial difficulty for the EDC. After considerable discussion, Frank T. Manning moved to approve Joint Binding Resolution #2009-1 as follows: 2 JOINT BINDING RESOLUTION #2009-1 A RESOLUTION SUPPORTING AND APPROVING A JOINT EFFORT BY THE TOWN OF EAST THERMOPOLIS, WYOMING, TOWN OF KIRBY, WYOMING, TOWN OF THERMOPOLIS, WYOMING, AND HOT SPRINGS COUNTY, WYOMING, FOR A PROPOSITION TO IMPOSE A SPECIAL PURPOSE ONE- QUARTER OF ONE PERCENT (0.25%) SALES TAX IN HOT SPRINGS COUNTY, STATE OF WYOMING, TO PROMOTE ECONOMIC DEVELOPMENT, SAID PROPOSITION TO BE PLACED ON THE BALLOT WITH THE SPECIAL ELECTION TO BE HELD IN HOT SPRINGS COUNTY, WYOMING ON TUESDAY, MAY 5, 2009. BE IT RESOLVED by the Governing Bodies of the Town of East Thermopolis, Town of Kirby, Town of Thermopolis, and Hot Springs County, Wyoming: WHEREAS, Wyoming Statute Section 39-15-204(a)(vi) authorizes the Hot Springs County (County) to impose a one-quarter of one percent (0.25%) special purpose sales tax within the County for the purpose of economic development; and WHEREAS, the revenues of the one-quarter of one percent (0.25%) special purpose sales tax will provide valuable services and benefits to all citizens of the Town of East Thermopolis, Town of Kirby, Town of Thermopolis, and Hot Springs County, Wyoming; and WHEREAS, should the proposition for imposition of a one-quarter of one percent (0.25%) special purpose sales tax within the County be approved by the voters, the Board of County Commissioners of Hot Springs County hereby allocate the one-quarter of one percent (0.25%) special purpose sales tax revenues to Thermopolis-Hot Springs County Economic Development Company for business retention, business expansion, business attraction, office operations, marketing, matching funds for grants, revolving loan fund for businesses, and special economic development projects. NOW, THEREFORE, BE IT RESOLVED, the question of imposition of a one-quarter of one percent (0.25%) special purpose sales tax under Wyoming Statute 39-15-204(a)(vi) shall be placed on the ballot at the special election scheduled for Tuesday, May 5, 2009. BE IT FURTHER RESOLVED, the ballot shall set forth the following proposition: “Shall Hot Springs County, State of Wyoming, be authorized to adopt and cause to be imposed a one-quarter of one percent (0.25%) special purpose sales tax within the county as authorized by Wyoming Statute Section 39-15-204(a)(vi); the revenue to be used for economic development in accordance with Joint Binding Resolution Number 2009-1.” BE IT FURTHER RESOLVED, that in the event of approval of this proposition by the voters of Hot Springs County, the special purpose sales tax shall take effect on July 1, 2009 as a county-wide tax and remain in effect until June 30, 2011. All funds realized from the one-quarter of one percent (0.25%) special purpose sales tax will be distributed to the Thermopolis-Hot Springs County Economic Development Company, a Wyoming non- profit corporation. PASSED, APPROVED AND ADOPTED this 6th day of January, 2009.
ATTEST: Hans Odde, Clerk		COUNTY OF HOT SPRINGS Brad W. Basse, Commissioner John P. Lumley, Commissioner Frank T. Manning, Commissioner
John P. Lumley seconded. Motion carried. Wyoming Business Council Site Visit: Ms. Quarberg notified the Commissioners that the WBC Site Visit required by the VAST Manufacturing Business Ready Community Grant application process will be held Friday, January 9^th , starting at the Town Hall at 8:00 a.m. Chairman Basse and Commissioner Manning will participate in the Site Visit as representatives of the sponsoring entity for the grant (the County).
Road and Bridge Monthly Report
Lake Creek Project - Road & Bridge Department Foreman Jim Skelton reported that they are ready to start work on the Lake Creek project pending final clearance from the BLM. The landowner has agreed to allow storage of the project materials on his land to be used as necessary. 3 Repairs - Tri-County has completed the repairs on the road damage caused by one of their construction projects. Mr. Skelton will be billing them for gravel and hauling provided by the county for the repairs. New sills are required for some of the cattle guards in the county and will be purchased in the near future. High Risk Rural Roads Grant – The Road & Bridge Department is preparing an application for funds through the WYDOT High Risk Rural Roads Grant program for some small safety barrier projects on a couple of county roads. This is a 90-10 match program. Applications are due by April 20, 2009. Public Health/Government Annex Building - Mr. Skelton indicated that his department is nearly ready to proceed with the excavation necessary to inspect the foundations of the adjoining buildings on the Public Health/Government Annex project site. Upon completion of the inspection by project engineers, the excavation will be immediately filled back in. Road 27 Railroad Crossing – The railroad crossing on East Sunnyside Lane (County Road 27) needs to be redone. The Road & Bridge department has received several complaints from residents about the rough conditions and tire hazards resulting from the hold-down bolts working out of the approach aprons. Burlington Northern does not allow other entities to make these repairs, so Mr. Skelton asked for a letter from the Commissioners to the Roadmaster for BNSF asking that the railroad make the necessary repairs as soon as possible. Commissioners agreed to make the request. Tack Oil Acquisition – The County was unable to piggyback on to the State’s 2008 contract for the purchase of tack oil for this year’s road projects, but we will have the opportunity to participate in 2009’s contract, which should help procure the oil at a lower price than if the County were to try to purchase the material on its own. Airport Vehicle Maintenance – Mr. Skelton had asked the Commissioners to review the Airport Operator’s contract to determine the entity responsible for maintenance and repairs on the airport equipment. Clerk Odde provided copies of the contract which indicated that the Airport Operator is to be responsible for all routine maintenance and repairs of airport equipment. After discussion with Mr. Skelton, Commissioners agreed to send a letter to the Airport Operator clarifying the County’s position that the Operator should use entities other than the Road & Bridge department personnel to perform routine maintenance and repairs at the Operator’s expense. Annual Reports for Gravel Pit Permit 582 – County Planner Lee Campbell asked that Mr. Skelton be recognized for his efficient and timely assistance in completion of the Annual Reports to the DEQ and the BLM regarding Permit #582, which keeps the county in good standing with these agencies. Mr. Skelton responded with praise for Planner Campbell’s consistency and promptness in submitting the reports on an annual basis, as that did not always happen before Planner Campbell was hired.
Maintenance Monthly Report
Public Health/Government Annex Project – County Maintenance Foreman Chuck Carver reported that the water has been disconnected at the street for the Oddfellows building to prevent leaks until the building has been demolished. A water truck will be used for dust control during demolition of the building. There will be no re-entry allowed to the building now that the asbestos abatement process has been completed, so there will be no salvage auction as had been previously discussed. The outside handicapped access ramp will be removed within the next week or so. Repairs – A leaking supply pump in the JLE/Courthouse system has been repaired. Due to design problems there has been a problem with freezing of the jail shower drains during the recent cold weather. Heaters have been placed in the affected area and heat tape will be applied to the pipes to prevent this problem in the future. Streetlight Responsibility – Mr. Carver has been researching a streetlight on the Broadway bridge that is billed to the County each month. It is possible that some other entity should be responsible for this bill. He will report his final findings to the Commissioners when the research is complete.
County Planner Monthly Report
County Planner Lee Campbell reported that he is working on three subdivisions that he hopes to bring to the Commissioners at the January 20^th meeting for approval of the final plats. Mr. Campbell presented a letter to the US Forest Service containing comments on grazing allotments for the Commissioners’ signature. None of these allotments are in Hot Springs County, but Planner Campbell felt it was important to submit comments, particularly on the necessity of mitigation for large predator impacts within the allotments. On a final note, Planner Campbell reported that he had received a call from the DEQ asking for our Delegation Agreement. County Attorney Jerry Williams is reviewing the agreement and will get it to Mr. Campbell as soon as he is finished with it.
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Hot Springs County Boards & Committees Appointments
Clerk Odde presented the county board openings to the Commissioners as follows:
Fair Board Land Use Planning Board Library Board Museum Board Predatory Animal Control Lodging Tax Board Weed & Pest Board	1 opening/2 applicants 2 opening/1 applicant 2 openings/2 applicants 1 opening/No applicant 1 Sportsman opening &1 At-Large opening/4 applicants 1 opening/2 applicants 3 openings/1 applicant
The Commissioners reviewed the applications received in response to the advertisements placed in the Independent Record. Three of the boards (Museum, Land Use Planning and Weed & Pest) did not receive enough applicants to fill all open positions. County Clerk Odde will be re-advertise for those positions and they will be filled at a later meeting. The following positions were appointed:
Fair Board Land Use Planning Board Library Board Predatory Animal Control Lodging Tax Board Weed & Pest Board	Tom Christensen Hub Whitt Marty Oravec, Nancy Ready Bob Blacketer – Sportsman, Art Hunter – At-Large Richard Ridenour Sid McDonald – District 3
Frank T. Manning made the motion to certify the appointments and notify all applicants. John P. Lumley seconded. Motion carried.
Well Permits – Dancer 1 & Dancer 2
Clerk Odde presented well permit applications from Richard & Judy Young (Dancer #1) and Dennis Sanchez/Golden Eagle, LLC (Dancer #2) for the Commissioners review and approval. County Geological Consultant Gretchen Hurley has reviewed the permits and has no issues with them. John P. Lumley moved to approve the applications. Frank T. Manning seconded the motion. Motion carried.
Youth Alternatives Monthly Report
Director Bob Wyss reported that he has ten current clients and two potential clients in the program right now. There were no alcohol-related incidents involving minors reported to his office in the last month. The current OJJCDP Grant #1654.0 expires March 31, 2009, and he has received the confirmation letter from the new Volunteers of America Grant, which will start April 1, 2009. Regarding the proposed Juvenile Justice System legislation, Mr. Wyss has heard nothing further since his report last month. He has received and reviewed the PACT Assessment paperwork, but would like to postpone his scheduled training until the legislation has made its way through the system, so that he knows if it will be necessary before he spends the time and money on it. Mr. Wyss presented Draw Down Request #18 in the amount of $1001.26 for the Commissioners’ approval. Frank T. Manning moved to approve DDR #18 in the amount of $1001.26 for the WCCA/OJJDP “Non-Participating” State Grant #2006-JF-FX-K002. John P. Lumley seconded the motion. Motion carried.
Jim Mills/Carl Leyba – Lodging Tax Issues
Jim Mills and Carl Leyba, representatives from the Lodging Tax Board, appeared before the Commissioners to discuss the necessity of a special election to re-instate the lodging tax, which issue did not appear on the 2008 General Election ballot. After discussions with Lynn Birleffi, President of the Wyoming Lodging & Restaurant Association, Joe Evans, Director of the Wyoming County Commissioners Association, the State Department of Revenue, and County Attorney Jerry Williams regarding the applicable State Statutes, the consensus of the group was that a special election must be held to re- instate the tax. Recognizing that the statutory requirements regarding the timing of the election, and subsequent re-implementation of the lodging tax, if the tax is passed, will mean a significant drop in income to the County Lodging Tax Board, but unable to do anything further to speed up the process, the Commissioners offered some options for consideration by the Lodging Tax Board to mitigate the loss of funds. A formal resolution to proceed with a special election to present the Lodging Tax issue to the public will be prepared for approval at the January 20, 2009 meeting of the Commissioners.
Lane 3 Feasibility Study Draw Down Request #2
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County Clerk Hans Odde presented a progress report from Inberg-Miller on the Lane 3 Feasibility Study, along with Draw Down Request #2 in the amount of $9347.00 to the Wyoming Business Council. Frank T. Manning moved to approve Draw Down Request #2 to the Wyoming Business Council for the Lane 3 Feasibility Study in the amount of $9347.00. John P. Lumley seconded the motion. Motion carried.
Other Business
Armory Transfer to Joint Powers Board – Commissioners reviewed a letter from the Dept. of State Parks & Cultural Resources (SPCR) regarding the transfer of ownership of the Armory Building from the Wyoming Military Department to the Armory Joint Powers Board. The SPCR would then lease the land around the building to the Joint Powers Board as well. Commissioners expressed support for the transfer of ownership. Commissioner Manning, as the County’s representative to the Armory Joint Powers Board, will convey that support and work with the Joint Powers Board to achieve that end. Airport Vehicle Maintenance – Citizen Vince Kenel appeared before the Commissioners to express concern over the treatment of Airport equipment and inquire as to who has responsibility for the equipment maintenance and repairs. The Commissioners acknowledged Mr. Kenel’s comments and reviewed the discussion from earlier in the meeting regarding airport equipment maintenance. Public Health/Government Annex Building Update - County Clerk Hans Odde gave a short update on the Public Health/Government Annex project. The asbestos abatement is complete and the old building on the site is ready for demolition. Clerk Odde with coordinate with Maintenance Foreman Carver to get the electrical service to the building disconnected prior to demolition. Clerk Odde then presented Draw Down Request #4 for the project in the amount of $20,367.63, along with a project cost summary showing expenditures of $75,054.00 for the project so far. John P. Lumley moved to approve Draw Down Request #4 to the Wyoming Business Council for the Public Health Building/Government Annex Project in the amount of $20,367.63. Frank T. Manning seconded the motion. Motion carried.
Correspondence
Chamber of Commerce – Nomination Forms for Business/Citizen of the Year WCCA – County Legislative Session Assistance Schedule HSC Assessor – 2010 Census PSA Program WYDOT – High Risk Rural Road Grant Information The Commissioners reviewed the foregoing items. No action required or taken.
Adjournment
There being no further business to come before the Board at this time, John P. Lumley moved to adjourn. Frank T. Manning seconded the motion. Motion carried.
		Attest:

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

MINUTES OF COUNTY COMMISSIONERS MEETING
January 06, 2009

- STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

January 06, 2009

The Hot Springs County Board of Commissioners met in regular session on Tuesday, January 06, 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 Attorney Jerry D. Williams and Administrative Assistant to the Commissioners Penny Herdt. Chairman Brad W. Basse led those present in the Pledge of Allegiance.

Moment of Silence

Prior to proceeding with the meeting, a moment of silence was observed in remembrance of Vince Hayes, former Hot Springs County Commissioner and former Sheriff, and Alex McDougall, former Hot Springs County Youth Alternatives Program Director. Condolence cards were signed and will be sent to the families of these gentlemen.

Approval of Agenda

John P. Lumley made a motion to approve the agenda with the following amendments:

ADD:

1:00 p.m. – Carl Leyba/Jim Mills – Lodging Tax Issues

DELETE:

1:00 p.m. – DeLoyd Quarberg – BLM Revision Plan
1:30 p.m. – Cold Mix Project Bid Opening

Frank T. Manning seconded the motion. Motion carried.

Approval of Minutes

Frank T. Manning made a motion to approve the minutes of December 02, 2008, and December 16, 2008, as presented. John P. Lumley seconded. Motion carried.

Approve Bills

The following bills were submitted for approval: (see attached) Payroll for December 2008 - $147,479.79.

Reorganization 2009

1. Elect Chairman and Vice Chairman - Frank T. Manning made a motion to elect Brad W. Basse as Chairman of the Hot Springs County Board of Commissioners with John P. Lumley as Vice Chairman. John P. Lumley seconded. Motion carried.
2. Set Meeting Dates - Frank T. Manning made a motion to set the meeting dates for the Board of Commissioners as the first and third Tuesday of every month, with the first meeting of the month starting at 9:00 a.m. and the second meeting of the month starting at 4:00 p.m. The only exception to this schedule being the second meeting in January, which will start at 9:00 a.m. due to travel requirements for the Wyoming County Commissioners Association Legislative Meeting in Cheyenne that same week. John P. Lumley seconded. Motion carried.
3. Appoint County’s Official Paper - John P. Lumley made a motion appointing the Independent Record as the County’s official newspaper. Frank T. Manning seconded. Motion carried.
4. Set Commissioner’s Special Areas of Responsibility - John P. Lumley made a motion designating the following as areas of special responsibility for each Commissioner:
Brad W. Basse: Town Properties, Town of Thermopolis, Chamber of Commerce, Thermopolis Hot Springs Economic Development Company, Yellowstone Development District and Basin Authority Child Support Enforcement and Wyoming County Commissioners Association Board of Directors.
Frank T. Manning: Road and Bridge, Town Properties, Town of Thermopolis, Hot Springs County Library, Hot Springs County Fairboard, Human Resources, and Hot Springs County Memorial Hospital.

1

John P.Lumley: Town Properties, Senior Citizen Center, Yellowstone Development District, Town of Thermopolis, Hot Springs County Museum, and Search and Rescue. Frank T. Manning seconded the motion. Motion carried.

Chairman Basse suggested adding the following Special Areas of Responsibility – BLM Bighorn Basin Resource Management Plan, and Armory Joint Powers Board. John P. Lumley moved to add the BLM Bighorn Basin RMP to Frank T. Manning’s and John P. Lumley’s areas of responsibility. Frank T. Manning seconded. Motion carried. John P. Lumley moved to add the Armory Joint Powers Board to Frank T. Manning’s area of responsibility. Frank T. Manning seconded. Motion carried.
5. Set County Holidays for the CY 2009 – John P. Lumley made a motion to approve the County Holidays as follows:

(i) 01/19/09 Martin Luther King, Jr. /Wyo. Equality Day (3^rd Monday in January);
(ii) 02/16/09 President's Day (third Monday in February);
(iii) 05/25/09 Memorial Day (last Monday in May);
(iv) 07/03/09 Independence Day (July 4 falls on Saturday);
(v) 09/07/09 Labor Day (first Monday in September);
(vi) 11/11/09 Veteran's Day;
(vii) 11/26-27/09 Thanksgiving Day (fourth Thursday in November); Friday also
(viii) 12/24-25/09 Christmas Eve – Close @ noon; Christmas Day
ix) 01/01/10 New Years Day 2010

Frank T. Manning seconded. Motion carried.

Emergency Management Monthly Report

Emergency Management Coordinator Bill Gordon was unable to attend the meeting. County Clerk Hans Odde presented the WyoLink Membership Agreement to the Commissioners for their signature. The agreement has been reviewed and found to be acceptable by both Mr. Gordon and County Attorney Jerry Williams. Mr. Gordon would like to hold off on any financial participation by the County until problems with communication via the portable radios is worked out. This membership agreement does not commit the County financially in any way. Frank T. Manning moved to approve the agreement for signature. John P. Lumley seconded. Motion carried.

Lorraine Quarberg – EDC Monthly Report

Red Rock Commercial Center: EDC Director Lorraine Quarberg notified the Commissioners that she would be leaving for her legislative duties in Cheyenne and that Chris O’Byrne would be handling the EDC report for the next two months. Ms. O’Byrne presented Red Rock Commercial Center Draw Down Request #21 for $19,130.00. John P. Lumley moved to approve Draw Down request #21 in the amount of $19,130.00. Frank T. Manning seconded. Chairman Basse recused himself from voting due to his status as a subcontractor on the project. Motion carried. Ms. Quarberg reviewed handling of the liquidated damages assessed the project contractor, JTL. The $9100.00 in damages assessed JTL but already received as part of Draw Down Request #19 will be retained by the EDC until the funds reconciliation process at the end of the project per discussion with Karen Fate of the Wyoming Business Council. Ms. Quarberg indicated that the landscaping contract has been awarded to Sweetwater Gardens of Riverton and that work has begun on the sewer expansion project. Completion of these two projects should mark the end of the financial portion of the Red Rock Commercial Center project.
EDC Sales Tax Initiative: EDC Board members Harry Hughes, Lorraine Quarberg, Carl Leyba, Tom Linnan and Dee Hillberry appeared before the Commissioners to request a resolution calling for the placement of a 0.25% special purpose sales tax proposal to be placed on the ballot for the special election to be held on May 5, 2009. The monies raised by this proposed quarter-cent sales tax would be used to sustain the operations side of economic development in the community, and would reduce the amount of money requested by EDC from the budgets of the County, Town of Thermopolis, Town of East Thermopolis and Town of Kirby by a minimum total of $54,000.00. The grant funding received by the EDC from the Wyoming Business Council and other sources can only be used for specific projects – not day to day operations – which has caused some financial difficulty for the EDC. After considerable discussion, Frank T. Manning moved to approve Joint Binding Resolution #2009-1 as follows:

JOINT BINDING RESOLUTION
#2009-1
A RESOLUTION SUPPORTING AND APPROVING A JOINT EFFORT BY THE TOWN OF EAST THERMOPOLIS, WYOMING, TOWN OF KIRBY, WYOMING, TOWN OF THERMOPOLIS, WYOMING, AND HOT SPRINGS COUNTY, WYOMING, FOR A PROPOSITION TO IMPOSE A SPECIAL PURPOSE ONE- QUARTER OF ONE PERCENT (0.25%) SALES TAX IN HOT SPRINGS COUNTY, STATE OF WYOMING, TO PROMOTE ECONOMIC DEVELOPMENT, SAID PROPOSITION TO BE PLACED ON THE BALLOT WITH THE SPECIAL ELECTION TO BE HELD IN HOT SPRINGS COUNTY, WYOMING ON TUESDAY, MAY 5, 2009.
BE IT RESOLVED by the Governing Bodies of the Town of East Thermopolis, Town of Kirby, Town of Thermopolis, and Hot Springs County, Wyoming:
WHEREAS, Wyoming Statute Section 39-15-204(a)(vi) authorizes the Hot Springs County (County) to impose a one-quarter of one percent (0.25%) special purpose sales tax within the County for the purpose of economic development; and
WHEREAS, the revenues of the one-quarter of one percent (0.25%) special purpose sales tax will provide valuable services and benefits to all citizens of the Town of East Thermopolis, Town of Kirby, Town of Thermopolis, and Hot Springs County, Wyoming; and
WHEREAS, should the proposition for imposition of a one-quarter of one percent (0.25%) special purpose sales tax within the County be approved by the voters, the Board of County Commissioners of Hot Springs County hereby allocate the one-quarter of one percent (0.25%) special purpose sales tax revenues to Thermopolis-Hot Springs County Economic Development Company for business retention, business expansion, business attraction, office operations, marketing, matching funds for grants, revolving loan fund for businesses, and special economic development projects.
NOW, THEREFORE, BE IT RESOLVED, the question of imposition of a one-quarter of one percent (0.25%) special purpose sales tax under Wyoming Statute 39-15-204(a)(vi) shall be placed on the ballot at the special election scheduled for Tuesday, May 5, 2009.
BE IT FURTHER RESOLVED, the ballot shall set forth the following proposition: “Shall Hot Springs County, State of Wyoming, be authorized to adopt and cause to be imposed a one-quarter of one percent (0.25%) special purpose sales tax within the county as authorized by Wyoming Statute Section 39-15-204(a)(vi); the revenue to be used for economic development in accordance with Joint Binding Resolution Number 2009-1.”
BE IT FURTHER RESOLVED, that in the event of approval of this proposition by the voters of Hot Springs County, the special purpose sales tax shall take effect on July 1, 2009 as a county-wide tax and remain in effect until June 30, 2011. All funds realized from the one-quarter of one percent (0.25%) special purpose sales tax will be distributed to the Thermopolis-Hot Springs County Economic Development Company, a Wyoming non- profit corporation.
PASSED, APPROVED AND ADOPTED this 6th day of January, 2009.

ATTEST:
Hans Odde, Clerk

COUNTY OF HOT SPRINGS
Brad W. Basse, Commissioner
John P. Lumley, Commissioner
Frank T. Manning, Commissioner

John P. Lumley seconded. Motion carried.
Wyoming Business Council Site Visit: Ms. Quarberg notified the Commissioners that the WBC Site Visit required by the VAST Manufacturing Business Ready Community Grant application process will be held Friday, January 9^th , starting at the Town Hall at 8:00 a.m. Chairman Basse and Commissioner Manning will participate in the Site Visit as representatives of the sponsoring entity for the grant (the County).

Road and Bridge Monthly Report

Lake Creek Project - Road & Bridge Department Foreman Jim Skelton reported that they are ready to start work on the Lake Creek project pending final clearance from the BLM. The landowner has agreed to allow storage of the project materials on his land to be used as necessary.

Repairs - Tri-County has completed the repairs on the road damage caused by one of their construction projects. Mr. Skelton will be billing them for gravel and hauling provided by the county for the repairs. New sills are required for some of the cattle guards in the county and will be purchased in the near future.
High Risk Rural Roads Grant – The Road & Bridge Department is preparing an application for funds through the WYDOT High Risk Rural Roads Grant program for some small safety barrier projects on a couple of county roads. This is a 90-10 match program. Applications are due by April 20, 2009.
Public Health/Government Annex Building - Mr. Skelton indicated that his department is nearly ready to proceed with the excavation necessary to inspect the foundations of the adjoining buildings on the Public Health/Government Annex project site. Upon completion of the inspection by project engineers, the excavation will be immediately filled back in.
Road 27 Railroad Crossing – The railroad crossing on East Sunnyside Lane (County Road 27) needs to be redone. The Road & Bridge department has received several complaints from residents about the rough conditions and tire hazards resulting from the hold-down bolts working out of the approach aprons. Burlington Northern does not allow other entities to make these repairs, so Mr. Skelton asked for a letter from the Commissioners to the Roadmaster for BNSF asking that the railroad make the necessary repairs as soon as possible. Commissioners agreed to make the request.
Tack Oil Acquisition – The County was unable to piggyback on to the State’s 2008 contract for the purchase of tack oil for this year’s road projects, but we will have the opportunity to participate in 2009’s contract, which should help procure the oil at a lower price than if the County were to try to purchase the material on its own.
Airport Vehicle Maintenance – Mr. Skelton had asked the Commissioners to review the Airport Operator’s contract to determine the entity responsible for maintenance and repairs on the airport equipment. Clerk Odde provided copies of the contract which indicated that the Airport Operator is to be responsible for all routine maintenance and repairs of airport equipment. After discussion with Mr. Skelton, Commissioners agreed to send a letter to the Airport Operator clarifying the County’s position that the Operator should use entities other than the Road & Bridge department personnel to perform routine maintenance and repairs at the Operator’s expense.
Annual Reports for Gravel Pit Permit 582 – County Planner Lee Campbell asked that Mr. Skelton be recognized for his efficient and timely assistance in completion of the Annual Reports to the DEQ and the BLM regarding Permit #582, which keeps the county in good standing with these agencies. Mr. Skelton responded with praise for Planner Campbell’s consistency and promptness in submitting the reports on an annual basis, as that did not always happen before Planner Campbell was hired.

Maintenance Monthly Report

Public Health/Government Annex Project – County Maintenance Foreman Chuck Carver reported that the water has been disconnected at the street for the Oddfellows building to prevent leaks until the building has been demolished. A water truck will be used for dust control during demolition of the building. There will be no re-entry allowed to the building now that the asbestos abatement process has been completed, so there will be no salvage auction as had been previously discussed. The outside handicapped access ramp will be removed within the next week or so.
Repairs – A leaking supply pump in the JLE/Courthouse system has been repaired. Due to design problems there has been a problem with freezing of the jail shower drains during the recent cold weather. Heaters have been placed in the affected area and heat tape will be applied to the pipes to prevent this problem in the future.
Streetlight Responsibility – Mr. Carver has been researching a streetlight on the Broadway bridge that is billed to the County each month. It is possible that some other entity should be responsible for this bill. He will report his final findings to the Commissioners when the research is complete.

County Planner Monthly Report

County Planner Lee Campbell reported that he is working on three subdivisions that he hopes to bring to the Commissioners at the January 20^th meeting for approval of the final plats. Mr. Campbell presented a letter to the US Forest Service containing comments on grazing allotments for the Commissioners’ signature. None of these allotments are in Hot Springs County, but Planner Campbell felt it was important to submit comments, particularly on the necessity of mitigation for large predator impacts within the allotments. On a final note, Planner Campbell reported that he had received a call from the DEQ asking for our Delegation Agreement. County Attorney Jerry Williams is reviewing the agreement and will get it to Mr. Campbell as soon as he is finished with it.

Hot Springs County Boards & Committees Appointments

Clerk Odde presented the county board openings to the Commissioners as follows:

Fair Board
Land Use Planning Board
Library Board
Museum Board
Predatory Animal Control
Lodging Tax Board
Weed & Pest Board

1 opening/2 applicants
2 opening/1 applicant
2 openings/2 applicants
1 opening/No applicant
1 Sportsman opening &1 At-Large opening/4 applicants
1 opening/2 applicants
3 openings/1 applicant

The Commissioners reviewed the applications received in response to the advertisements placed in the Independent Record. Three of the boards (Museum, Land Use Planning and Weed & Pest) did not receive enough applicants to fill all open positions. County Clerk Odde will be re-advertise for those positions and they will be filled at a later meeting. The following positions were appointed:

Fair Board
Land Use Planning Board
Library Board
Predatory Animal Control
Lodging Tax Board
Weed & Pest Board

Tom Christensen
Hub Whitt
Marty Oravec, Nancy Ready
Bob Blacketer – Sportsman, Art Hunter – At-Large
Richard Ridenour
Sid McDonald – District 3

Frank T. Manning made the motion to certify the appointments and notify all applicants. John P. Lumley seconded. Motion carried.

Well Permits – Dancer 1 & Dancer 2

Clerk Odde presented well permit applications from Richard & Judy Young (Dancer #1) and Dennis Sanchez/Golden Eagle, LLC (Dancer #2) for the Commissioners review and approval. County Geological Consultant Gretchen Hurley has reviewed the permits and has no issues with them. John P. Lumley moved to approve the applications. Frank T. Manning seconded the motion. Motion carried.

Youth Alternatives Monthly Report

Director Bob Wyss reported that he has ten current clients and two potential clients in the program right now. There were no alcohol-related incidents involving minors reported to his office in the last month. The current OJJCDP Grant #1654.0 expires March 31, 2009, and he has received the confirmation letter from the new Volunteers of America Grant, which will start April 1, 2009. Regarding the proposed Juvenile Justice System legislation, Mr. Wyss has heard nothing further since his report last month. He has received and reviewed the PACT Assessment paperwork, but would like to postpone his scheduled training until the legislation has made its way through the system, so that he knows if it will be necessary before he spends the time and money on it. Mr. Wyss presented Draw Down Request #18 in the amount of $1001.26 for the Commissioners’ approval. Frank T. Manning moved to approve DDR #18 in the amount of $1001.26 for the WCCA/OJJDP “Non-Participating” State Grant #2006-JF-FX-K002. John P. Lumley seconded the motion. Motion carried.

Jim Mills/Carl Leyba – Lodging Tax Issues

Jim Mills and Carl Leyba, representatives from the Lodging Tax Board, appeared before the Commissioners to discuss the necessity of a special election to re-instate the lodging tax, which issue did not appear on the 2008 General Election ballot. After discussions with Lynn Birleffi, President of the Wyoming Lodging & Restaurant Association, Joe Evans, Director of the Wyoming County Commissioners Association, the State Department of Revenue, and County Attorney Jerry Williams regarding the applicable State Statutes, the consensus of the group was that a special election must be held to re- instate the tax. Recognizing that the statutory requirements regarding the timing of the election, and subsequent re-implementation of the lodging tax, if the tax is passed, will mean a significant drop in income to the County Lodging Tax Board, but unable to do anything further to speed up the process, the Commissioners offered some options for consideration by the Lodging Tax Board to mitigate the loss of funds. A formal resolution to proceed with a special election to present the Lodging Tax issue to the public will be prepared for approval at the January 20, 2009 meeting of the Commissioners.

Lane 3 Feasibility Study Draw Down Request #2

County Clerk Hans Odde presented a progress report from Inberg-Miller on the Lane 3 Feasibility Study, along with Draw Down Request #2 in the amount of $9347.00 to the Wyoming Business Council. Frank T. Manning moved to approve Draw Down Request #2 to the Wyoming Business Council for the Lane 3 Feasibility Study in the amount of $9347.00. John P. Lumley seconded the motion. Motion carried.

Other Business

Armory Transfer to Joint Powers Board – Commissioners reviewed a letter from the Dept. of State Parks & Cultural Resources (SPCR) regarding the transfer of ownership of the Armory Building from the Wyoming Military Department to the Armory Joint Powers Board. The SPCR would then lease the land around the building to the Joint Powers Board as well. Commissioners expressed support for the transfer of ownership. Commissioner Manning, as the County’s representative to the Armory Joint Powers Board,
will convey that support and work with the Joint Powers Board to achieve that end. Airport Vehicle Maintenance – Citizen Vince Kenel appeared before the Commissioners to express concern over the treatment of Airport equipment and inquire as to who has responsibility for the equipment maintenance and repairs. The Commissioners acknowledged Mr. Kenel’s comments and reviewed the discussion from earlier in the meeting regarding airport equipment maintenance.
Public Health/Government Annex Building Update - County Clerk Hans Odde gave a short update on the Public Health/Government Annex project. The asbestos abatement is complete and the old building on the site is ready for demolition. Clerk Odde with coordinate with Maintenance Foreman Carver to get the electrical service to the building disconnected prior to demolition. Clerk Odde then presented Draw Down Request #4 for the project in the amount of $20,367.63, along with a project cost summary showing expenditures of $75,054.00 for the project so far. John P. Lumley moved to approve Draw Down Request #4 to the Wyoming Business Council for the Public Health Building/Government Annex Project in the amount of $20,367.63. Frank T. Manning seconded the motion. Motion carried.

Correspondence

Chamber of Commerce – Nomination Forms for Business/Citizen of the Year
WCCA – County Legislative Session Assistance Schedule
HSC Assessor – 2010 Census PSA Program
WYDOT – High Risk Rural Road Grant Information

The Commissioners reviewed the foregoing items. No action required or taken.

Adjournment

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

Attest:

Brad W. Basse, Chairman

Hans Odde, Clerk to the Board

BILLS – DECEMBER, 2008
THERMOPOLIS - HOT SPRINGS 3,000.00	CASPER STAR TRIBUNE 436.80
BIG HORN ENERGY 692.55	BLAIR'S SUPER MARKET 625.56
BOB WYSS 62.01	PITNEY BOWES 9.50
BRAD W. BASSE 273.00	BROKERS NATIONAL LIFE 397.60
BUSY BEE'S PRINTING 75.80	BW OF SHERIDAN CENTER 210.00
CARDINAL HEALTH 471.55	CARROLL WORSTER 30.00
CATHERINE A HART 30.00	CHARLES R CURLEY 30.00
CNA SURETY 100.00	THERMOPOLIS HARDWARE 260.98
COLONIAL SUPPLEMENTAL INS. 284.70	VERIZON WIRELESS 51.34
VERIZON WIRELESS 63.33	VERIZON WIRELESS 64.05
VERIZON WIRELESS 241.10	VERIZON WIRELESS 38.76
CINDY MAGELKY 95.05	DAVID S DUNCAN 250.95
6
DAVID J. LARSON 93.55	DAVID E NORSKOG 210.00
DELL MARKETING, L.P. 55.98	DON'S IGA 72.39
DON'S IGA 151.22	DORIS ANN READY 773.71
D.R.A. SERVICES LLC 5,108.64	EATON SALES & SERVICE INC. 375.50
THERMOPOLIS-HOT SPRINGS EDC 19,130.00	EDITH M. ROLLINGS 210.00
THE ELECTION CENTER 150.00	ENVIRONMENTAL CONTRACTORS LLC 13,372.00
EXPRESS POLICE SUPPLY, INC 135.96	FARM PLAN 37.90
FLEETWOOD FINANCIAL CORP. 3,692.68	FLEETPRIDE 391.14
PINNACLE BANK OF THERMOPOLIS 35,606.87	FOOD SERVICES OF AMERICA 1,313.00
FRANK T. MANNING 354.49	FRANDSON SAFETY INC. 10.50
FREMONT MOTOR COMPANY 33,829.00	FULLER & SCHAEDLER LAW OFFICES, P.C 10,419.61
GALLES FILTER SERVICE, INC. 38.39	GREGORY ALLEN NETTLES 367.91
H & H BUSINESS SYSTEMS OF WYOMING 20.24	HACKER, HACKER & KENDALL, PC 358.00
BETH HELM 202.49	HELEN P. READY 30.00
HONNEN EQUIPMENT CO. 247.61	HOT SPRINGS COUNTY SCHOOL DIST. #1 115.32
HSCHM HOME CARE SERVICES 1,250.00	HOT SPRINGS MUSEUM 24,336.25
HOT SPRINGS COUNTY HEALTH INS ACCT 40,122.76	HOT SPRINGS CO. SCHOOL DIST #1 6,913.81
HUMAN RESOURCE COUNCIL 7.50	HURLEY GEOLOGICAL CONSULTING 600.00
IAAO 72.00	INBERG-MILLER ENGINEERS 12,712.93
INDEPENDENT RECORD 2,528.05	INDOFF INC. 191.18
IVANA L HENSLEY 33.51	JAIME S DUVALL 30.00
JASON VALENTINE 30.00	JODY L SCHWAB 30.00
JOHN J. SCHWALBE 37.02	KATHLEEN M. HAMMOND 30.00
KEEPING YOU IN STITCHES 8.97	KENNETH H. MUELLER, MD 1,500.00
KTHE RADIO 75.00	LALONI STEPHENSON 210.00
LAS FUENTES 82.58	LENARD L SHUMWAY 41.70
LOCAL GOVERNMENT LIAB. POOL 1,250.00	LIL WRANGLER 65.70
HOLDING'S LITTLE AMERICA 76.30	LOIS L. SEIDEL 34.68
LOUIS L. WALRATH 310.00	MAARET MCCAULEY 134.94
MARY K AVERILL 30.00	MARY GORDON 168.01
MARK MORTIMORE 491.61	MARY M NUTTER 36.44
MARY J TSCHIFFELY 30.00	MBA OF WYOMING 32,459.88
MEADOW GOLD DAIRY 248.25	MED-TECH RESOURCE, INC. 992.48
HOT SPRINGS COUNSELING SERVICE 8,874.89	MESSENGER & JUROVICH, P.C. 80.00
MICHAEL W. READY 33.51	MONICA F. BUCKNER 76.38
NADA USED CAR GUIDE 439.00	NIELSEN OIL CO., INC. 943.85
THE OFFICE SHOP, INC 116.29	OWL CREEK ENGINEERING 11,413.90
ROCKY MOUNTAIN POWER 3,486.49	PAMIDA 74.82
PERFORMANCE AUTO & GLASS 114.61	PERFORMANCE AUTO & GLASS 458.55
PERFORMANCE AUTO & GLASS 260.03	PENNY HERDT 55.00
PLAN ONE/ARCHITECTS 12,814.08	POSTMASTER 382.10
QUARTERMASTER, INC. 126.94	QWEST 655.07
RANAE BALDES 425.88	WYOMING DEPT OF TRANSPORTATION 2.00
GORRELL & HOPKINSON, P.C. 120.00	RICHARD I. PHIPPS 30.00
RONALD FOOTE 30.00	RT COMMUNICATIONS, INC. 1,844.55
SANOFI PASTEUR, INC. 204.80	SETH C PENDERGRAFT 30.00
SHELLEY DEROMEDI 350.00	SHIRLEY M LAMOREAUX 42.87
SHOSHONE OFFICE SUPPLY 129.62	SMILEMAKERS 37.90
SPSS INC. 425.00	THE STANDARD INS. CO. 1,347.91
STEVE'S PLUMBING & HEATING 222.50	THE STOREHOUSE 40.00
TEAM LABORATORY CHEMICAL CORP. 533.32	TEEPEE POOLS 304.00
TERENCE L JACKMAN 34.68	THERMOPOLIS HARDWARE 70.32
TOWN OF THERMOPOLIS 29,980.65	TRAVELING COMPUTERS, INC. 3,854.99
TRACY L ROBINSON 30.00	TRI COUNTY TELEPHONE ASSOC,INC 333.65
TROY D MATTHEWS 30.00	VALERIE G. MEAD 35.85
VERIZON WIRELESS 44.12	VICKLUND PHARMACY 28.86
VISA - CARD ONE 115.82	VISA (CARD TWO) 710.59
VISA - CARD FOUR 534.62	WCS TELECOM 327.11
WINTER EQUIPMENT CO. INC. 870.98	WIRELESS ADVANCED COMMUNICATIONS 254.00
EMPLOYMENT TAX DIVISION 1,652.78	WYOMING.COM 20.00
7
WYOMING DIVISION OF 109.00	ORCHARD TRUST COMPANY 4,975.00
WYOMING GAS 1,549.28	WYONET INC. 187.95
WYO RETIREMENT SYSTEM 17,972.30	036-NCPERS GROUP LIFE INS. 304.00
HOT SPRINGS VETERINARY CLINIC 80.00	SIRCHIE FINGERPRINT LABORATORI 237.46
WYOMING LAW ENFORCEMENT ACADEMY 150.00	BRUCO, INC. 186.48
RAMS HEAD FINANCIAL SERVICES 370.00	JAMES C LASH 30.00
PETE'S PLUMBING & HEATING, INC. 1,124.95	TERRY TITMUS 2,000.00
WYOMING TRIAL LAWYERS ASSOC. 65.00	CHERI ANN SALBERG 30.00
PERFORMANCE AUTO & GLASS, INC. 28.72	ABSAROKA DOOR 1,125.00
AFLAC 748.54	STATE OF WYOMING - A&I 70.75
AIRCRAFT BLUEBOOK 157.08	ALICE J. BUNCH 300.09
ANITA WEISBECK 42.71	ARVEDELL M FOOTE 30.00
H.O.P.E AGENCY & CRISIS LINE 1,500.00	ATLAS OFFICE PRODUCTS, INC. 621.90
BARTON STAM 456.60	BOB BARKER COMPANY, INC. 60.17
BERT BENT 360.00	BIG HORN CULLIGAN WATER 79.50
8

MINUTES OF COUNTY COMMISSIONERS MEETING January 06, 2009

MINUTES OF COUNTY COMMISSIONERS MEETING
January 06, 2009