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MINUTES OF COUNTY COMMISSIONERS MEETING
November 3, 2009


- STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    November 3, 2009
The Hot Springs County Board of Commissioners met in regular session on Tuesday, November 3, 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 Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant to the Commissioners Penny Herdt. Chairman 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 additions:
        Correspondence                 4. BHB Discovery Center JPB Minutes
        Executive Session               12:00 – Real Estate
Frank T. Manning seconded the motion. Motion carried.
Approve Minutes
Frank T. Manning made a motion to approve the minutes of October 6 and 20, 2009 as presented. John P. Lumley seconded the motion. Motion carried.
Approve Bills
The following bills were submitted for approval: (see attached) Payroll for October, 2009 was $156,199.11.
Maintenance Monthly Report>
Maintenance Supervisor Chuck Carver reported that all the fall maintenance contracts on the heating systems have been completed. The rooftop system control problem at the museum has been tracked down and is being repaired. The surplus equipment sale will be postponed until the spring. New antennae have been installed on the courthouse roof as part of the WYO-Link update, and the complexity of the installation has caused a problem with the warranty on the recently-installed roof. Redd Roofing will be returning to help bring the antenna installation sites into compliance with the roof warranty and to repair a leak that has recently been identified in the corrugated part of the roof. Mr. Carver has been asked to work on some privacy issues concerning the Circuit Court Jury Room. Unfortunately, the main source of the problems is the return air plenum in the HVAC system, which cannot be changed without re- engineering the system. Mr. Carver is continuing to work to find solutions to the problem.
Road & Bridge Monthly Report
Road & Bridge Supervisor Jim Skelton reported that work is starting on East River Road to put a drainage pipe on the Game & Fish access section. Grass Creek and Gooseberry roads, Rimrock Drive and Coyote Run have all been graveled in the last month. Mr. Skelton discussed the upcoming Buffalo Creek Road project, and asked the Commissioners what they had decided regarding his request for gravel crushing funds at the last meeting. The Commissioners indicated that it would be very difficult to come up with the $200,000.00 Mr. Skelton had asked for, and suggested that he fund as much of the Buffalo Creek Road project from his original budget as possible and indicated that they would try to come up with whatever funds were necessary to complete the Buffalo Creek project.
Utility License Agreements
Clerk Odde presented the following Utility License Agreements for the Commissioners’ approval. Road & Bridge Supervisor Jim Skelton has reviewed the agreements and finds them to be acceptable.
    TCT West – For work along Sand Draw Road. The road will not be cut, so no fee is required. John P. Lumley moved to approve the ULA between Hot Springs County and TCT West for work along Sand Draw Road. Frank T. Manning seconded the motion. Motion carried.
    Don McCumber – For work involving County Road #25. All required fees have been paid. Frank T. Manning moved to approve the ULA between Hot Springs County and Don McCumber for work

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approximately 288’ west of 663 Missouri Flats Road. John P. Lumley seconded the motion. Motion carried.
Youth Alternatives Monthly Report
Youth Alternatives Director Bob Wyss briefly discussed the possibility of a regional juvenile facility in Basin in the future. Mr. Wyss reported that he has a couple of participants who were involved in incidents outside the county in his program at the moment – one has completed the community service requirements and the other will be involved in the program for the next year. Director Wyss attended a DFS training in Cheyenne on probation last month, and will be attending a forms training in Lander this month.
Metz Family Land Swap
The Commissioners participated in a conference call with realtor Steve Brown and Mr. Leo Metz regarding a land deal between the Metz family and the County several years ago. In 1995, the Board of County Commissioners discussed a land swap with the Leo Metz family involving two parcels of land near the current airport. Although the swap was agreed to in principle, nothing was ever recorded showing completion of the deal. At this time, Mr. Metz is not interested in exchanging parcels, and wishes to simply sell the portion of the land being encroached upon by the airport to the County for its assessed value. John P. Lumley made a motion to purchase the land in question (1.177 acres) for the assessed value of $4974.71. Frank T. Manning seconded the motion. Discussion: As it appears that the County was responsible for failing to complete the land deal in 1995, any additional costs of the current purchase will be borne by the County in fairness to Mr. Metz. County Attorney Jerry Williams will draw up the paperwork for the necessary signatures. Motion carried. Mr. Metz will communicate with Mr. Odde regarding payment for the property.
County Planner Monthly Report
County Planner Lee Campbell discussed a new step in the permitting process for local water development project in light of Governor Freudenthal’s August, 2008 Executive Order aimed at ensuring development in core sage grouse areas isn’t harmful to the bird. There are several core sage grouse breeding areas identified in Hot Springs County which could impact water projects under this Executive Order.
Final Public Hearing – Soaring Eagle Subdivision
Chairman Basse declared the final public hearing for consideration of the Soaring Eagle Subdivision open at 11:15 a.m. Tim and Nancy Blaich, together with their engineering consultant, Heath Overfield, presented the final plat for the Soaring Eagle Subdivision to the Commissioners for approval. The Blaiches presented a letter from the South Thermopolis Water & Sewer District stating the Blaiches would not be required to hook up to the District’s system. Planner Campbell read into the record the Land Use Planning Committee’s decision report from the initial public hearing for the subdivision. After an extended discussion, Chairman Basse proposed tabling full approval of the subdivision plat until variances to address access width, utility distances and 5-acre potable water/well issues are resolved. The Blaiches indicated that this would not cause them undue hardship. County Attorney Williams suggested that a one-page addendum be filed with the plat containing covenants regarding solid waste disposal, noxious weed control and road maintenance responsibility. After three calls for further public comment, hearing none, Chairman Basse declared the public hearing closed at 12:18 p.m. Frank T. Manning moved to tentatively approve the Soaring Eagle Subdivision plat, subject to Tim and Nancy Blaich returning before the Commissioners within 30 days with the completed variances addressing access width, utility distances and 5-acre potable water/well issues. John P. Lumley seconded the motion. Motion carried.
Executive Session
At 12:25 p.m., Frank T. Manning moved to enter Executive Session to discuss possible real estate transactions. John P. Lumley seconded the motion. Motion carried. Present during the Executive Session were Commissioners Basse, Lumley and Manning, Clerk Odde, Admin Herdt, and realtor Phyllis Christiansen. At 12:47 p.m., John P. Lumley moved to leave Executive Session. Frank T. Manning seconded the motion. Motion carried. No action was taken during the Executive Session.

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Upon leaving Executive Session, John P. Lumley moved to authorize Chairman Basse to continue negotiations through a real estate agent for a property purchase. Frank T. Manning seconded the motion. Motion carried. Frank T. Manning moved to authorize Chairman Basse to procure appraisal services for a potential real estate purchase.
Other Business:
DEQ CBM Work Group Discussion – After some discussion, it was agreed that Chairman Basse would be the Commissioners’ representative for Hot Springs County on the DEQ CBM Work Group, and that such representation would be pursued.
Consider Qwest Communications Contract – Clerk Odde presented the Cisco Call Manager Express Communications System contract from Qwest Communications for the courthouse communications upgrade project for the Commissioners’ approval. The County Attorney has reviewed and approved the contract. Clerk Odde noted that he has enrolled the County as a member of the MiCTA organization, which gives the County the ability to purchase the necessary equipment and software at reduced government rates. John P. Lumley moved to approve the contract between Qwest Communications Corporation and Hot Springs County for the Cisco Call Manager Express Communications System in the amount of $77,596.01. Frank T. Manning seconded the motion. Motion carried.
Consider Utilisolve Contract – Clerk Odde presented a contract for services with Utilisolve to audit the County’s utility bills. Any savings resulting from this audit will be split 50/50 with Utilisolve. There will be no other costs to the County. The County Attorney has reviewed the contract and found it acceptable. Frank T. Manning moved to approve the contract between Utilisolve and Hot Springs County. John P. Lumley seconded the motion. Motion carried.
Well Permit Applications – Weldon Althoff - Sage Valley #35, #46 and #27 – Clerk Odde presented Well Permit Applications from Weldon Althoff for the Commissioners’ review. The county’s geological consultant has reviewed the applications, and indicated that there would be no impact on the Big Springs geothermal aquifer. However, the consultant did note that the increasing amount of wells is likely to have an eventual impact on the water use of people with existing wells in the subdivision. Mr. Althoff has been provided with a copy of the consultant’s comments. After discussion, John P. Lumley moved to approve the well permit applications from Weldon Althoff for Sage Valley Wells #35, #46 and #27. Frank T. Manning seconded the motion. Motion carried.
Search & Rescue / AEOC Building Project Draw Down Request #4 – Clerk Odde presented Search & Rescue / AEOC Building Draw Down Request #4 in the amount of $50,472.65. Frank T. Manning moved to approve Search & Rescue / AEOC Building Draw Down Request #4 in the amount of $50,472.65. John P. Lumley seconded the motion. Discussion: Chairman Basse recused himself from voting due to his status as subcontractor on the project. Motion carried
Road & Bridge Shop Addition Project Draw Down Request #4 – Clerk Odde presented Road & Bridge Shop Project Draw Down Request #4 in the amount of $11,968.13. John P. Lumley moved to approve Road & Bridge Shop Addition Draw Down Request #4 in the amount of $11,968.13. Frank T. Manning seconded the motion. Discussion: Chairman Basse recused himself from voting due to his status as subcontractor on the project. Motion carried.
Public Health / Government Annex Building Project Draw Down Request #14 – Clerk Odde presented Public Health / Government Annex Building Draw Down Request #13 in the amount of $203,439.10. Frank T. Manning moved to approve Public Health / Government Annex Building Draw Down Request #14 in the amount of $203,439.10. John P. Lumley seconded the motion. Discussion: Chairman Basse recused himself from voting due to his status as subcontractor on the project. Motion carried.
Correspondence
Biomass Utilization Group
Hospital Board Minutes
Museum Board Minutes
BHB Discovery Center Joint Powers Board Minutes
Adjournment
There being no further business to come before the Board, Frank T. Manning moved to adjourn at 1:15 p.m. John P. Lumley seconded the motion. Motion
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Attest:


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




Attachment 1
November, 2009 Bills
THERMOPOLIS - HOT SPRINGS 6,000.00 STEPHENS-PECK INC 65.00
HANSON'S FIRE EQUIPMENT 429.25 HSC PREDATORY ANIMAL CONTROL 12,000.00
STATE OF WYOMING 735.40 WYOMING LAW ENFORCEMENT ACADEMY 475.00
WASHAKIE COUNTY 3,525.14 BRUCO, INC. 556.01
D & D MACHINE, INC. 16.00RAMS HEAD FINANCIAL SERVICES 200.00
GREINER FORD 25,225.00SMITH OILFIELD SERVICE INC 1,275.00
AFLAC 640.05STATE OF WYOMING - A&I 96.16
ALEXANDER HERDT 30.00 ANITA WEISBECK 236.58
H.O.P.E AGENCY & CRISIS LINE 1,500.00 ATLAS OFFICE PRODUCTS, INC. 104.76
BARNARD DUNKELBERG & COMPANY 47,725.49 BARTON STAM 388.79
BIG HORN WATER 76.50 BIG HORN ENERGY 1,368.00
BLAIR'S SUPER MARKET 635.11BOBBI A. KANNAPEL 30.00
ROBERT WYSS 350.75 PITNEY BOWES 288.54
BRENDA G. BIEN 35.50 BROKERS NATIONAL LIFE 468.70
BULLBERRY SYSTEMS, INC. 600.00 BUSY BEE'S PRINTING 102.15
CALIFORNIA CONTRACTORS 199.72 CARDINAL HEALTH 215.37
CARL H. TURNBAUGH 30.00CAROL STEDMAN 30.00
CATHERINE RUSH DRAGESET 30.00 CATHY M. ROBERTS 30.00
CHARLES E. PYLE 30.00 CHEB T. VIALPANDO 30.00
THERMOPOLIS HARDWARE 114.06COLONIAL SUPPLEMENTAL INS. 284.70
COLLECTION PROFESSIONALS 12.74COMMUNITY HOME HEALTH SERVICES 1,250.00
VERIZON WIRELESS 56.39VERIZON WIRELESS 74.43
VERIZON WIRELESS 63.79 VERIZON WIRELESS 265.34
VERIZON WIRELESS 36.82 COPSHOES.COM 111.71
CINDY MAGELKY 65.20KOERWITZ, MICHEL, 6,600.00
DARREN D. ROWE 30.00 DEBRA DONAHUE 24.20
DON'S IGA 407.31 DON'S IGA 495.25
DOWL HKM 2,362.50D.R.A. SERVICES LLC 5,047.15
DRIVE TRAIN INDUSTRIES, INC. 294.58DSD CIVIL DIVISION 18.00
EATON SALES & SERVICE INC. 602.75BIG HORN ENTERPRISES, INC. 14.75
EXPRESS POLICE SUPPLY, INC 473.90FLEETWOOD FINANCIAL CORP. 3,692.68
PINNACLE BANK OF THERMOPOLIS 35,885.87FOOD SERVICES OF AMERICA 2,481.17
FRANDSON SAFETY INC. 10.00FRED HANSON CONSTRUCTION, INC. 4,200.00
GROATHOUSE CONSTRUCTION, INC. 227,435.00GROATHOUSE CONSTRUCTION RETENTION 25,271.00
THE GUIDANCE GROUP, INC. 103.60H & H DOCUMENT SOLUTIONS 276.29
H & H DOCUMENT SOLUTIONS 127.76RAMADA PLAZA RIVERSIDE 92.90
HOLIDAY INN OF LARAMIE 278.00HOT SPRINGS COUNTY SCHOOL DIST. #1 354.70
HOT SPRINGS MUSEUM 25,000.00HOT SPRINGS COUNTY HEALTH INS ACCT 53,598.30
HOT SPRINGS CO RECREATION DIST 890.00 HOT SPRINGS CO. SCHOOL DIST #1 9,374.68
HUBERT LEAR 41.00 INDEPENDENT RECORD 1,375.20
INDOFF INC. 297.95JACQUELYN A.NOVAKOVICH 38.80
JADECO, INC. 7,008.09 JANICE HOXSEY 41.00
JAMES A. MASSIE 30.00 JASON VALENTINE 30.00
JERRY D. WILLIAMS 31.48JIM JOINER 30.00
JIM L. SIMON 35.00 JOHN LUMLEY 174.45
JOCELYN A. JOHNSON 35.50 JOHN R. COWGER 30.00
JODIE NADING 30.00JOEL COLEMAN 30.00
JOHN O'BYRNE 30.00 JOHN M. SPRAUL 30.00
JUDY M. CRAMER 37.15 KAREN SLOCUM 342.17
KIMBERLY BLACK 30.00BIG KMART 457.06
KNAPP SUPPLY & EQUIPMENT CO. 680.30 KYLIE OLSEN 143.00
LARA E. LOVE 50.90 LARINDA L. O'BRIEN 30.00
LAVITA KRAUSHAAR 30.00LEA SCHOENEWALD 30.00
LEE A. CAMPBELL 475.72 LELIA BURCHETT 30.00
LINDA HENDRICKSON 30.00 LINDA GROVES 30.00
LORI DOWNEY 15.00LOUIS L. WALRATH 120.00
      
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MAARET MCCAULEY 455.21 MARK A. ELLIS 30.00
MARY L. SCHEIBLE 201.48 MARY A. MILLS 30.00
MAXINE K TOEPKE-REESE 36.60MBA OF WYOMING 44,555.83
MCGARVIN MOBERLY CONST. CO. 19,968.00
MEADOW GOLD DAIRY 260.95 MEINECKE & SITZ, LLC 1,436.64
HOT SPRINGS CO. MEM. HOSPITAL 21.50 HOT SPRINGS CO. MEMORIAL HOSPITAL 229.60
MESSENGER & JUROVICH, P.C. 80.75 MICHAEL W. ROBERTSON 30.00
MILL INN 210.00MOORE MEDICAL, LLC 65.14
MOTOROLA 9,951.30NATIONAL CRIME PREVENTION COUNCIL 388.79
NATALIE K. HODSON 30.00NEVE'S UNIFORMS, INC. 46.79
NIELSEN OIL CO., INC. 958.50O'REILLY AUTO PARTS 36.70
THE OFFICE SHOP, INC 171.35OWL CREEK GRAPHICS 147.60
ROCKY MOUNTAIN POWER 3,273.75 PAMELA K. KERR 30.00
PAMELA A. SLAUSON 30.00 PATRICK D. LAW 35.50
PAUL E. HAUMONT 30.00PERFORMANCE AUTO & GLASS 48.17
PERFORMANCE AUTO & GLASS 676.42PLAN ONE
ARCHITECTS 6,434.09 POSITIVE PROMOTIONS 738.69
POSTMASTER 677.50PUMPERNICK'S FAMILY RESTAURANT 17.50
QWEST 655.22 RACHEL E. MILLER 41.00
THE RADAR SHOP 295.00 RECOVERY SYSTEMS 39.20
WYOMING DEPT OF TRANSPORTATION 2.00 RICHARD J. HANSON 37.70
GORRELL & HOPKINSON, P.C. 120.00 ROBERTA A. MILLER 30.00
ROBIN LAKE 63.00ROY DECKER & SONS INC. 75,000.00
RT COMMUNICATIONS, INC. 1,881.74RUTH A. ARMAJO 33.85
SANOFI PASTEUR, INC. 730.74SCOTT MILLER CONSTRUCTION 14,484.50
SHOSHONE OFFICE SUPPLY 511.67THE STANDARD INS. CO. 1,373.58
STEVE'S PLUMBING & HEATING 30,000.00STEPHANIE L. RICHERT 33.85
THE STOREHOUSE 40.00 T&JPROPANE 43.66
TEEPEE POOLS 394.00 TERESA H. BROWN 44.30
C.O.T. ENTERPRISE,INC. 10.00THOMSON CREATIVE SOLUTIONS 160.00
TIFFANY K. SEARCY 30.00TOWN OF THERMOPOLIS 789.69
TRACTOR & EQUIPMENT 118.28TRI-STATE BINDERS 2,514.00
TYLER O'BRIEN 318.60 VAXSERVE,INC. 65.00
VERIZON WIRELESS 44.18 VICKLUND PHARMACY 368.53
VISA - CARD TWO 76.35VISA - CARD THREE 82.93
VISA - CARD FOUR 99.54 VISA - CARD FIVE 213.94
VISA (CARD EIGHT) 100.00 VISA 784.32
VISA 1,040.87 VISA 203.68
WCS TELECOM 323.76 WEST PAYMENT CENTER 100.00
WHITE HORSE FEED & SEED LLC 134.99 EMPLOYMENT TAX DIVISION 2,186.83
WYOMING.COM 38.75 WYOMING DIVISION OF 109.00
ORCHARD TRUST COMPANY 4,330.00WYOMING CLERKS OF DISTRICT COURT 125.00
WYOMING GAS 400.49WYONET INC. 113.95
WYO RETIREMENT SYSTEM 18,439.21036-NCPERS GROUP LIFE INS. 288.00
WY-TEST 153.00
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