MINUTES OF COUNTY COMMISSIONERS MEETING
August 4, 2009


- STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    August 4, 2009
The Hot Springs County Board of Commissioners met in regular session on Tuesday, August 4, 2009 at 9:00 a.m. in the Commissioners’ Room at the Courthouse. Present were Commissioners 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 Brad W. Basse was absent due to his attendance at a Local Government Liability Pool conference. Vice-Chairman John P. Lumley led those present in the Pledge of Allegiance. Vice-Chairman Lumley then suspended Robert’s Rules of Order so that business might be conducted in Chairman Basse’s absence.
Approval of Agenda
Frank T. Manning made a motion to approve the agenda with the following amendments:
    Add:    Other Business    6. Road & Bridge Shop Addition DDR #1
                                         7. Search & Rescue Building DDR #1
                                         8. Approve Central Bank & Trust Depository Resolution
    Delete: Other Business    3. Consider Airport Maintenance Contract w/Maxwell Construction
John P. Lumley seconded the motion. Motion carried.
Approve Minutes
Frank T. Manning made a motion to approve the minutes of July 7, 20, and 21, 2009 as presented. John P. Lumley seconded the motion. Motion carried.
(Note: No attachment came with the file.. )
Approve Bills
The following bills were submitted for approval: (see attached) Payroll for June, 2009 –
Consider Special District Mill Levy & Assessment Requests
County Assessor Shelley Deromedi presented the Commissioners with the Report of Valuation, Levies & Taxes for 2009. The total valuation for 2009 for the County is $282,528,534.00. Total Taxes and Special Assessments generated for the tax year will be $19,195,419.93. Frank T. Manning moved to approve all Mill Levies and Special Assessments as presented by the County Assessor. John P. Lumley seconded the motion. Motion carried.
Consider East River Road Survey Map
County Clerk Hans Odde presented the Commissioners with copies of the old and new survey maps for the East River Road straightening project previously approved by the Commissioners. The project has been completed by the Road & Bridge department. Frank T. Manning moved to approve the new survey map as presented, with the original to be signed when it is received. John P. Lumley seconded the motion. Motion carried.
Maintenance Monthly
Report Maintenance Supervisor Chuck Carver reported that all the ash trees have been treated for yellow ash disease. Mr. Carver has set up a testing station to troubleshoot the Courthouse heat pump units, and has located a repair shop to rebuild them as necessary. Mr. Carver would like to engage an engineering firm to do a courthouse-wide evaluation of the heating/cooling systems and make recommendations for improvements. Clerk Odde offered to work with Mr. Carver to develop a Request for Proposals for this type of evaluation after the first of the year.
Road & Bridge Monthly Report
Road & Bridge Supervisor Jim Skelton reported that the Cold Mix project is coming along nicely. Four-

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Mile Road and Lane 7 are finished, and work is on-going on Hamilton Dome Road. Mr. Skelton indicated that there should be enough material left to consider overlays on the steep hill sections of Sable Run Road and Coyote Run Road in an attempt to eliminate the severe wash-boarding that occurs on those roads. Quite a bit of material will have to be reserved for patching on Black Mountain Road and Owl Creek Hill, as those roads are in need of repairs, but there may be enough material to do some work on Jones Road, also. Commissioner Manning asked Mr. Skelton to check with the railroad about using some of the mix material to improve the railroad crossing on East Sunnyside Lane, as the approach is quite rough. Mr. Skelton agreed to do so and report back.
Red Rock Commercial Center Draw Down Request #27
Former Executive Director Lorraine Quarberg introduced the new EDC Executive Director, Lynnette Smith. Ms. Quarberg presented the final Draw Down Request for the Red Rock Commercial Center in the amount of $24,192.00 for the Commissioners’ approval. The Red Rock Commercial Center is now complete and came in 10% under budget. Frank T. Manning moved to approve Red Rock Commercial Center Draw Down Request #27 in the amount of $24,192.00. John P. Lumley seconded the motion. Motion carried.
Youth Alternatives Monthly Report
Youth Alternatives Director Bob Wyss reported that the County has implemented the single point of entry system for juveniles as required by the state law which took effect July 1, 2009. There has been no money received from the new VOA Grant on the Draw Down Request submitted in July, so he will continue to check on it.
County Planner Monthly Report
County Planner Lee Campbell reviewed a lawsuit filed in Colorado over withdrawal of livestock leases after they had been assigned. Planner Campbell discussed the new subdivision regulations that became law on July 1, 2009, and indicated that, in light of the new requirements, he feels that the County’s current Land Use Plan needs to be reviewed and updated at the earliest opportunity.
Public Hearing – Jeffs Land Use Change Request
Vice-Chairman John P. Lumley opened the Public Hearing on the John Jeffs, Sr. and John Jeffs, Jr. proposed land use change from Agricultural to Commercial/Light Industrial at 11:15 a.m. In attendance were John Jeffs, Sr. and John Jeffs, Jr., Planner Campbell, and various members of the community. Planner Campbell read the Land Use Planning Board’s Do-Pass with No Conditions Recommendation into the record. Vice-Chairman Lumley called three times for public comment. Hearing none, Vice-Chairman Lumley declared the public hearing closed at 11:20 a.m. Frank T. Manning moved to approve the Jeffs’ land use change request from Agricultural to Commercial/Light Industrial. John P. Lumley seconded the motion. Motion carried.
Review Bid Tabulations for HSC Search & Rescue/Alternate Emergency Operations Center Building
Clerk Odde presented the bid tabulations for the HSC Search & Rescue/Alternate Emergency Operations Center (HSC S&R/AEOC) Building for the Commissioners’ review. One main item of note concerned the Electrical Bid. Only one bid was received from Jadeco Electric. Two other local electrical contractors were personally contacted by the project coordinator and declined to bid on the project, citing lack of manpower available at this time to effect a timely completion. The low bids received were as follows: Building – Roy Decker & Sons - $198,520; Parking Lot Paving Base – Roy Decker & Sons - $56,600; Parking Lot Paving—Alternate – Roy Decker & Sons - $48,290; Plumbing/HVAC – Basin Mechanical - $46,000; Electrical – Jadeco, Inc. - $37,270; Site Excavation Base – WAR - $11,680; Site Excavation Alternate – WAR - $3,786. Frank T. Manning moved to approve the bids for construction of the HSC S&R/AEOC Building in the total amount of $402,156.00 and instruct Project Coordinator Fred Hanson to proceed with the project. John P. Lumley seconded the motion. Motion carried.
Review Bid Tabulations for Road & Bridge Shop Addition
Clerk Odde presented the bid tabulations for the Road & Bridge Shop Addition for the Commissioners’ review. Clerk Odde again noted that only one electrical bid was received from Jadeco, Inc. and that two

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other local electrical contractors were personally contacted by the project coordinator and declined to bid on the project, citing lack of available manpower. The low bids received were as follows: Building – Scott Miller - $79,890; Electrical – Jadeco, Inc. - $12,734. Frank T. Manning moved to approve the bids for construction of the Road & Bridge Shop Addition in the amount of $92,624.00 and instruct Project Coordinator Fred Hanson to proceed with the project. John P. Lumley seconded the motion. Motion carried.
Consider County Health Insurance Medical Administration Contracts
Clerk Odde presented the Administrative Service Agreement, the HIPAA Addendum to the ASA, and the Health Management Services Contract from the County’s third-party administrator, MBA of Wyoming, for the Commissioners’ approval. County Attorney Jerry Williams and Insurance Consultant Brad Johnson have reviewed the contracts and have no major problems with them. Frank T. Manning moved to approve the County Health Insurance Medical Administration Contracts as presented. John P. Lumley seconded the motion. Motion carried.
Consider Treaty of Excess Loss Re-Insurance
Clerk Odde presented the Treaty of Excess Loss Reinsurance from Bardon Insurance Group, Inc. for the Commissioners’ approval. Frank T. Manning moved to approve the Treaty of Excess Loss Reinsurance with Bardon Insurance Group, Inc. John P. Lumley seconded the motion. Motion carried.
COPS Grant
Under-Sheriff Dave Larson presented an acceptance letter for the 4-Year C.O.P.S. Hiring Recovery Program Grant for the Commissioners’ signature. This federal stimulus grant will be used to provide a school resource officer (SRO). The grant will cover salary and benefits for the SRO for the first three years, and the school district will split the SRO cost with the County on a 70/30 basis the fourth year. Officer Larson indicated that the school will likely provide the officer with a vehicle during the school year and the sheriff’s office will provide the vehicle during the summer months. Frank T. Manning moved to sign the acceptance letter for the C.O.P.S. Hiring Recovery Program Grant for a School Resource Officer. John P. Lumley seconded the motion. Motion carried.
     Under Sheriff Larson reported that the Sheriff’s department has received bids for the new grant-funded vehicle purchase – the two low bids are within $100.00 of each other. The higher bid is from a Wyoming firm, with the lower bid from Montana firm. The Commissioners encouraged acceptance of thebid from the Wyoming firm. In response to questions from the Commissioners, Office Larson indicated that he is still waiting for a response to the applications he submitted for two 3-Year C.O.P.S. Hiring Recovery Program Grants.
Emergency Management Monthly Report
Emergency Management Coordinator Bill Gordon expressed his deep appreciation of Road & Bridge Supervisor Jim Skelton’s prompt response and assistance during the recent railroad crossing replacement on East Sunnyside Lane. The Commissioners discussed funding for a generator for the new Search & Rescue/AEOC building with Mr. Gordon. Clerk Odde will discuss the construction requirements for the generator with the general contractor with Mr. Gordon’s input. Mr. Gordon indicated that funds for the generator would likely be available through the Homeland Security Grant program.
    Coordinator Gordon reported that a power surge last week did approximately $1,800 worth of damage to the radio systems in the Law Enforcement Center. He feels that there may need to be some additional surge protection on the electrical feed coming into the Law Enforcement Center to prevent this happening in the future. There is also some question as to whether the current protection meets both the local building code for Surge Protection Capacity and the National Communications Equipment Standard for surge protection. Mr. Gordon will check into this and report further at the September 1st meeting.
Other Business:
Airport Pavement Maintenance Project Draw Down Request #2 – Clerk Odde presented Airport Pavement Maintenance Project Draw Down Request #2 in the amount of $10,408.50 for the Commissioners’ approval. Frank T. Manning moved to approve the Airport Pavement Maintenance Project Request #2 in the amount of $10,408.50. John P. Lumley seconded the motion. Motion carried.
Public Health/Government Annex Project Draw Down Request #11 – Clerk Odde presented Public

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Health/Gov’t Annex Project Draw Down Request #11 in the amount of $22,260.05. Clerk Odde noted that going forward, all Groathouse invoices will be subject to a 10% retainage fee, which will require a separate check deposited into a separate account through the end of the project. Frank T. Manning moved to approve Public Health/Gov’t Annex Project Draw Down Request #11 in the amount of $22,260.05. John P. Lumley seconded the motion. Motion carried.
Meeting with Hospital Staff/Board – The Hospital Board has requested a meeting between the Commissioners and the Hospital Board and Hospital staff members to discuss the future direction of the hospital in terms of strategic and financial planning. Clerk Odde presented dates agreeable to the Hospital group. The most workable date appears to be August 20th . The meeting will be held in the Super 8 Motel meeting room at 6:30 p.m. Clerk Odde will contact the Hospital group to confirm the date and time.
Consider Professional Services Agreement with DOWL-HKM for Testing Services – Clerk Odde presented the Professional Services Agreement with DOWL-HKM for Materials Testing Services for the Government Annex Building in the amount of $9,450.00 for the Commissioners’ Approval. County Attorney Jerry Williams has reviewed and approved the agreement. Frank T. Manning moved to approve the Professional Services Agreement with DOWL-HKM for Materials Testing Services for the total lump sum amount of $9,450.00. John P. Lumley seconded the motion. Motion carried.
Road & Bridge Shop Addition Draw Down Request #1 – Clerk Odde presented Draw Down Request #1 for the Road & Bridge Shop Addition in the amount of $2,362.50. Frank T. Manning moved to approve Road & Bridge Shop Addition SLIB Draw Down Request #1 in the amount of $2,362.50. John P. Lumley seconded the motion. Motion carried.
Search & Rescue/AEOC Building Draw Down Request #1 – Clerk Odde presented Draw Down Request #1 for the Search & Rescue/AEOC Building project in the amount of $5,129.45 for the Commissioners’ approval. Frank T. Manning moved to approve Draw Down Request #1 for the Search & Rescue/AEOC Building project in the amount of $5,129.45. John P. Lumley seconded the motion. Motion carried.
Consider Central Bank & Trust Depository Resolution – Clerk Odde presented a resolution from Central Bank & Trust to act as a depository for county funds. Frank T. Manning moved to accept the Depository Resolution from Central Bank & Trust to act as a depository for County funds. John P. Lumley seconded the motion. Motion carried.
Correspondence
Library Board Minutes – Reviewed – No action required or taken
Planner Letter – Riverside Bluffs Covenants – Planner Campbell reviewed a letter he sent to the Land Use Planning Board members and other interested parties regarding the receipt of the Restrictive Covenants and Homeowners Association Agreement documents for the planned Riverside Bluffs Subdivision. The Commissioners will hold a Public Meeting for approval of the subdivision at their regular meeting on August 18, 2009.
WYDOT – IRP Lane 3 Project Viewer Selection – The Commissioners are required to select one of three project viewers required as part of the IRP Grant process. Commissioner Manning offered to do this and was endorsed by Commissioner Lumley. A letter of notification will be sent to Shelby Carlson with WYDOT, with a copy to Harry Hughes of Owl Creek Engineering. WYDOT District #5 Commissioner Charlie Monk has already selected a viewer. A third viewer will be selected from outside the county by the first two viewers appointed.
Governor Freudenthal – Baker Appointment Letter – No action required or taken
Owl Creek Engineering – Lane 3 Application Update – Project consultant Harry Hughes reported that the Lane 3 CDBG grant application has been received by Julie Kozlowski in Cheyenne. The application’s eligibility should be confirmed by the end of next week, but the staff recommendation for award to the Wyoming Business Council Board will probably not occur until November. At this time, this appears to be the only Infrastructure Grant request submitted to the WBC.
Weed & Pest – Field Work Day Schedule – August 12th – 8:00 a.m. – Meet at Grass Creek Junction
Executive Session: John P. Lumley made a motion to enter Executive Session for reasons of pending

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litigation at 2:10 p.m. Frank T. Manning seconded the motion. Motion carried. Those present included Vice-Chairman Lumley, Commissioner Manning, County Attorney Jerry Williams, County Planner Lee Campbell, Land Use Planning Board Chairman Larry Bentley, Road & Bridge employee Ray Shaffer, County Clerk Hans Odde, and Administrative Assistant Penny Herdt. At 2:30 p.m., Lee Campbell, Larry Bentley and Ray Shaffer left the Executive Session. Frank T. Manning made a motion to leave Executive Session at 3:05 p.m. John P. Lumley seconded the motion. Motion carried. No action was taken during the Executive Session. The Commissioners asked Clerk Odde to supply them with a checklist for absolute and relative policies regarding subdivisions prior to their August 18th meeting.
Adjournment
There being no further business to come before the Board, Frank T. Manning moved to adjourn at 3:10 p.m. John P. Lumley seconded the motion. Motion carried.
Attest:


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