MINUTES OF COUNTY COMMISSIONERS MEETING |
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| STATE OF WYOMING | ) | OFFICE OF THE BOARD OF |
| ) | COUNTY COMMISSIONERS | |
| COUNTY OF HOT SPRINGS | ) | THERMOPOLIS WYOMING |
| September 7, 2010 | ||
| The Hot Springs County Board of Commissioners met in regular session on Tuesday, September 7, 2010, at 9:00 a.m. in the Public Meeting room in the Government Annex. Present were Commissioners John P. Lumley, Brad Basse and Mike Baker. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant to the Commissioners Penny Herdt. Chairman John P. Lumley led those present in the Pledge of Allegiance. Approval of Agenda Brad Basse moved to approve the agenda with the following changes: ADD:Other Business16. SLIB – Hospital Endoscopy Suite DDR #1 STRIKE:Bill GordonEmergency Management Monthly Report Lee CampbellPlanner Monthly Report MOVE:Steve Boyer Gravel Pit Issues – Move from 3:00 p.m. to include with Pearce Land Use Change Hearing Continuation at 1:30 p.m. Mike Baker seconded the motion. Discussion: Commissioner Baker requested clarification on the Executive Session. Chairman Lumley indicated that the Executive session was to cover Personnel issues as well as potential litigation. Motion carried. Approval of Minutes Mike Baker made a motion to approve the minutes of the August 3 and 17, 2010, meetings as presented. Brad Basse seconded the motion. Motion carried. Approval of Bills The following bills were submitted for approval: (see attached) Payroll for August, 2010 - $152,792.62.. Assessor – Rebates & Supplementals County Assessor Shelley Deromedi presented the following rebates for the Commissioners' approval: Rebate #20-10 – Dwaine & Kathleen Ratfield - 2010 Parcel #532– 40 acres with improvement. Field review prior to appeal hearing showed that changes need to be made in quality of improvement resulting in over-assessment of 520 for tax year 2010. Taxes in the amount of $33.62 need to be rebated. Rebate #21-10 – Daniel & Cynthia Houchin – 2010 Parcel #1307 – Lot 4, Block 1, Cedar Ridge 1st Addition to the Town of Thermopolis, with improvement and personal property. Personal property of Marks Custom Framing was inadvertently assessed on this parcel and this property was incorrectly assessed in District 109 for Tax year 2010, resulting in over-assessment in District 109 of 16892. Taxes in the amount of $1176.53 need to be rebated. Rebate #22-10 – Heinze Trust – 2010 Parcel #3221 – 37.35 acres in Section 23, T43N-R96W, Sixth Principal Meridian, with improvements, personal property and mobile home. This property should have been assessed in District 109 for tax year 2010 and was assessed in District 100, resulting in over-assessment in District 100 of 18,343. Taxes in the amount of $1185.96 need to be rebated. Rebate #23-10 – Boyd, Kay – 2010 Parcel #2303 – 1980 Medallion Mobile Home – A veteran's exemption should have been posted to this account, instead of her rental mobile home. Posted veteran's exemption to this account resulted in over-assessment of 774 on this mobile home. Taxes in the amount of $53.91 need to be rebated. (See Boyd supplemental below.) Rebate #24-10 – Town of Kirby – 2010 Parcel #4619 – Lot 10 Wilson Addition to the Town of Kirby, with improvement (Town Shop). This parcel should have been exempt of 2010. Taxes in the amount of $71.12 need to be rebated. Rebate #25-10 – Andreen, Carol – 2010 Parcel #2939 – 1999 Highland Mobile Home – A veteran's exemption should have been posted to this account, instead of parcel #1033 which is not her primary residence. Posted veteran's exemption to this account resulted in over-assessment of 3000 on this mobile home. Taxes in the amount of $208.96 need to be rebated. (See Andreen supplemental below.) Brad Basse moved to approve Rebate #'s 20-10 through 25-10 as presented. Mike Baker seconded the motion. Motion carried. The following supplementals have been processed through the Assessor's office: 1 Daniel and Cynthia Houchin – 2010 Parcel #1307 – Lot 4, Block 1, Cedar Ridge 1st Addition to the Town of Thermopolis, with improvement and personal property. This property was assessed in the incorrect tax district (109), so this supplemental was necessary to show this property in the correct tax district (152) for 2010. A supplemental tax notice in the amount of $1175.43 has been processed through the Treasurer's Office. Mount, Mark – new 2010 Parcel # 3699 (District 109) – Personal Property of Mark's Custom Framing – This property was incorrectly attached to Parcel #1307 for tax year 2010. It was rebated on Rebate #21-10. A supplemental tax notice in the amount of $1.10 has been processed through the Treasurer's Office. Heinze Trust – 2010 Parcel #3221 – 37.35 acres in Section 23, T43N-R96W, Sixth Principal Meridian, with improvements, personal property and mobile home. This property was assessed in the incorrect tax district (100), so this supplemental was necessary to show this property in the correct tax district (109) for 2010. A supplemental tax notice in the amount of $1185.96 has been processed through the Treasurer's Office. Boyd, Kay – 2010 Parcel # 2417 – 1976 Bendix mobile home. Widow's veteran's exemption was incorrectly posted to this mobile home which is a rental and should have been posted to her principal residence, parcel #2303, (see Rebate 23-10.) When the veteran's exemption was removed, it resulted in underassessment on this parcel of 563. A supplemental tax notice in the amount of $39.22 has been processed through the Treasurer's Office. Andreen, Carol – 2010 Parcel # 1033 – Lot 8, Block 54 Original Town of Thermopolis with improvements. Widow's veteran's exemption was incorrectly posted to this account and should have been posted to her principal residence, parcel #2939, (see Rebate 25-10.) When the veteran's exemption was removed, it resulted in underassessment on this parcel of 3000. A supplemental tax notice in the amount of $208.96 has been processed through the Treasurer's Office. Maintenance Monthly Report Maintenance Foreman Chuck Carver reported that the County Surplus Equipment Auction was held last month as scheduled. Approximately $1200.00 was realized from the sale. The HVAC system in the Annex is finally working according to specifications. Regarding landscaping, a lilac bush and an ash tree have been removed due to deer damage and disease, and two aspens have been planted behind the library. Mr. Carver asked for a final decision regarding funding for the front end for the HVAC system in the courthouse. After discussion with Clerk Odde, Mike Baker moved to take the funds not to exceed $13,000.00 for the new front end out of the capital improvements line item. Brad Basse seconded the motion. Motion carried. Discussion followed regarding moving the County Planner back into his office now that the water damage has been repaired, and finding space for a different office for Mr. Carver. No action was taken at this time. Mr. Carver reported that the cabinet contractor is working on a fix for the cabinet locks in the meeting room at the Annex. The drainage problem in the front parking lot is also being addressed, but is not fixed yet. Road & Bridge Monthly Report Road & Bridge Foreman Ray Shaffer reported that the leftover cold mix has been dozed up and mixed in with other reject material at the county pit to make a road mix for Gebo Dome road repairs. Landscape cleanup work has been completed around the county pit to reduce the fire hazard presented by dry weeds and other material. Gravel and pit run from Wagonhound pit has been used for various projects around the county. The new gauging station on Owl Creek is not going to involve the County at this point. Negotiations are being conducted with the private landowner by the State Engineer's Office at this time. Mike Healy of the LU Ranch has been consulted regarding an agreement with the County to widen a portion of the county road near the LU shipping pens from the current fifteen foot width to the county standard of twenty four feet. Mr. Healy seemed to agree that this would be a good idea, so a new right- of-way agreement is being drawn up by the Road & Bridge department. Slide reclamation work on Buffalo Creek has been completed for the time being, but sliding will continue to be an issue on that road. Two culvert pipes have been replaced – one 24" near the Hugh Vass place on Owl Creek and a 36" on Grass Creek Road. A new culvert has been installed at the Yetter approach also. In response to questioning regarding the chip seal project planned for this year, Mr. Shaffer discussed a no-chip emulsion sealer he is trying this fall. The sealant extends the time between chip seal projects by 3-5 years and is anticipated to be less expensive than the chip sealing. No more chip seal projects will be undertaken until next spring. County Attorney Williams reported that problems with the financing contract for the new county truck have been worked out and purchase of the truck is on track. Mr. Shaffer reported that he has reviewed the Utility License Agreement with Tri-County Telephone for overhead work on Mud Creek Road and has no problems with it. Clerk Odde reported that the required fee has been received. Brad Basse moved to approve the Utility License Agreement between Hot Springs County and Tri-County Telephone for work on Mud Creek Road. Mike Baker seconded the motion. Motion carried. 2 Youth Alternatives Monthly Report Director Bob Wyss presented some data for his program. Year-to-date there has been twenty participants in the Youth Alternatives program – twelve through Circuit Court and eight through Municipal Court. There have been four repeat participants, with only one coming back on the same type of charge. Five hundred twenty six hours of Community Service have been performed at various locations throughout the county. Forty percent of the program participants have been female. There has been one revocation – the participant did not comply with the program requirements and so was remanded to and convicted in adult court of the original charge. All the participants are on diversion status – if they successfully complete the program, the original charges are dropped and the child will not have a record. Of the original charges, four were felonies, thirteen were alcohol-related and three were drug-related. Director Wyss reported that there is still no final word on receipt of his grant, but there is a meeting of the Grant Board on Thursday, so he hopes to know something before next week. Consider Maternal & Family Health Grant Award Public Health Nurse Bree Gerber presented the Maternal & Family Health Grant contract for the Commissioners' signature. This contract runs for a nine-month term in order to bring its renewal date in line with the July 1st start of the fiscal year for budgeting purposes. The County Attorney has reviewed the contract and finds it to be acceptable. Mike Baker moved to approve the Contract between the Wyoming Dept. of Health, Community & Public Health Division, Maternal & Family Health Section and Hot Springs County Public Health for an amount up to $20,251.00 for the chairman's signature. Brad Basse seconded the motion. Motion carried. Public Hearing – Liquor License Renewals Chairman John P. Lumley opened the public hearing for liquor license renewals for Violet VanBuskirk, doing business as the Flying Dutchman and Krista Raymond, LLC, doing business as Stone's Throw Restaurant at 11:15 a.m. Clerk Odde reported that the Wyoming Liquor Division has reviewed and approved both applications to proceed to hearing. A check with local law enforcement reveals that neither establishment has been cited for any alcohol-related violations in the last year. The Flying Dutchman has had several tobacco violations, but no alcohol-related violations. After three calls for public comment, receiving none, Chairman Lumley closed the public hearing at 11:20 a.m. Brad Basse moved to approve the liquor license renewal application from Violet M. VanBuskirk, dba The Flying Dutchman. Mike Baker seconded the motion. Motion carried. Mike Baker moved to approve the liquor license renewal application from Krista Raymond, LLC, dba Stone's Throw Restaurant. Brad Basse seconded the motion. Motion carried. Constitution Week Proclamation Representing the Washakie Chapter of the DAR, Ruth Clare Johnson and Karen Musgrave appeared to request the Commissioners to sign a Proclamation designating September 17 – 23, 2010, as Constitution Week. Ms. Johnson also informed the Commissioners that there would be a program in honor of Constitution Week at Common Ground on September 18th , starting at 1:00 p.m. and asked that all present make an effort to participate in a nationwide bell ringing exercise at 2:00 p.m. on September 17th in recognition of National Constitution Day. Chairman John P. Lumley read the following Proclamation into the public record: Brad Basse moved to approve the Constitution Week Proclamation as read. Mike Baker seconded the motion. Discussion: Commissioner Basse expressed thanks and gratitude on behalf of the County to Ms. Johnson for her dedication and efforts on behalf of Constitution Week. Airport FBO Contract Discussion Clerk Odde reported that the FBO Contract at the Airport will expire November 6, 2010, and asked the Commissioners what they would like to do regarding a new contract. Commissioner Baker stated that he had been approached with the names of different parties who wanted a chance to bid on the next contract and that he felt the contract should be put out for bid. Commissioner Basse agreed that the contract should be put out for bid as opposed to being simply renewed, and stated that he would like to see the Request For Proposals be very specific regarding requirements for the FBO. Chairman Lumley concurred. Clerk Odde will work with the County Attorney to develop a Request For Proposals and, upon approval of the RFP by the Commissioners, will publish it with a due date for the submission of proposals to be October 15, 2010. Interviews of prospective FBO's will take place between October 19-26, with final selection and awarding of the contract to take place at the November 2, 2010, Commissioners meeting. County Attorney Williams stated that it would be very difficult to complete the bid process within the timeframe of the current contract and suggested that a one to two month extension of the current contract with DRA would most likely be necessary regardless of who the new FBO turned out to be. Chairman Lumley stated that he would like to see a month-to-month extension of the current FBO contract, with the new contract effective January 1, 2011. Citizen C.W. Clark offered his opinion of the current FBO situation at the airport. As a point of interest, it was pointed out that the new contract would likely be up for renewal before the proposed new airport would be completed. Lane 3 Progress Report Heath Overfield and Ian Sporkin-Morrison with Engineering Associates appeared to update the Commissioners on the status of the Lane 3 project. Commissioners Baker and Lumley discussed the reports they have received from Lane 3 landowners regarding lack of communication from Engineering Associates. Mr. Overfield contends that EA has made a good faith effort to contact all three landowners directly affected by Phases I and II of the project and keep them informed of the progress of the project. He expressed the opinion that perhaps the perceived breakdown in communication has occurred as a result of the potential re-alignment of the roadway, which has not been decided on at this point There has been discussion regarding the piece of land recently purchased by the county adjoining the highway. Mr. Overfield suggested that the county retain full ownership of this parcel at this time as it would be difficult to determine how much of the land would be needed for the project until the plan is completed and the project put out for bid. Landowner John Zupan expressed some concern regarding the possible size of the corner cut and asked to be kept informed as the plan progresses. Landowner Tom Ryan, Jr. expressed concern over easement issues, particularly if the road is re-aligned. Mr. Overfield replied that EA is currently waiting on comments from WYDOT to complete the Recon Report, and that until that report is finished, they are unable to move forward on the easement issue. Mr. Overfield discussed the letter recently received from Shelby Carlson with WYDOT regarding use of IRP funds. The original agreement stated that IRP funds would only be used for Phases I and II of the Lane 3 project. If money is to be used for Phase III, the Commissioners would need to write a letter requesting amendment of the IRP Contract agreement to include design work for Phase III. WYDOT's primary concerns regarding using the money for Phase III design work in conjunction with Phases I and II are that Phase III must be designed and built to county road standards that meet WYDOT requirements and that Phase III will actually be completed within the next two to three years, so that the design does not "sit on the shelf" until it becomes obsolete due to changing of road design standards, etc. The choices before the Commissioners at the moment are: 1) Proceed with Phases I and II and do nothing with Phase III at this time, 2) Use County funds, not IRP funds, for design work for Phase III, or 3) Request the IRP Grant Contract be amended to allow use of the IRP funds for design work on Phase III in conjunction with design and construction of Phases I and II. Mr. Overfield indicated that the County's contract with EA includes design work for Phase III, so there would be no extra cost to proceeding with design work for Phase III outside of what has already been budgeted. The Commissioners agreed that they wanted to proceed with design work for all three phases of the project. Commissioner Basse proposed an "on-the-ground" meeting with the Commissioners, Engineering Associates representatives 4 and Lane 3 area landowners to review the potential routes and discuss various ways to accommodate any possible concerns in order to proceed with the project. This meeting will be held on Friday, September 17, 2010 at 9:00 a.m. starting in front of the Ryan Brothers shop. EA will be responsible for notifying all the landowners involved. A decision will be made regarding the use of IRP funds for Lane 3 design at the October 5th Commission meeting. Severance Tax Distribution Overpayment Recapture Commissioners discussed the latest letter from State Treasurer Joe Meyer regarding the State's desire to recapture excess severance tax distributions to counties and municipalities dating back to fiscal 1995. Clerk Odde indicated that the question is not if the State can deduct the overpayments from future severance tax distributions, but rather which recapture option the county would prefer to use. After considerable discussion, Mike Baker moved to send a letter to the State Treasurer indicating that Hot Springs County would like the repayment of the $7,833.95 overpayment to be deducted from the county's severance tax distribution in one lump sum, with this deduction occurring as close to the final repayment date of June 30, 2014, set by the Treasurer's Office as possible. Brad Basse seconded the motion. Motion carried. Clerk Odde will send the notification letter prior to the requested date of September 15, 2010. Public Hearing Continuation – Pearce Land Use Change Request Chairman Lumley opened the continuation of the Public Hearing for the Pearce Land Use Change Request at 1:32 p.m. County Planner Lee Campbell reviewed the background information leading to the continuation of the original public hearing on the land use change request. He also presented the scoring matrix used by the Land Use Planning Board to formulate their original "do-pass" recommendation to the Commissioners. Mr. Campbell stated that the scoring was based on the assumption of adequate mitigation of any land disturbance and on Mr. Pearce's stated intention to return the land to agricultural use following removal of the gravel by McGarvin Moberly Construction for a one-time, short-term project. On questioning by the Commissioners, Mr. Pearce indicated that he would be amenable to a temporary, limited time land use change if such a thing were proposed. Local historian Dorothy Milek and landowner Lester Nielsen discussed the possibility of pioneer graves located in the area of the proposed gravel pit. Attorney Mary Scheible, representing landowner Jean Cotton, presented a letter requesting that the Land Use Change Request be remanded to the Land Use Planning Commission for reconsideration due to the failure of the developer to provide notice of application as required by Section 4.6(D) of the Hot Springs County Land Use Plan. Questioning of Planner Campbell regarding notification revealed that he had taken responsibility for notifying the adjoining landowners as required by the county's Land Use Plan, and that he had not felt it necessary to notify the Cotton's as their land was separated from the Pearce's land by the railroad tracks and attached right of way. Landowners separated from the Pearce's property by a roadway were notified, as were all landowners whose land is directly contiguous to the Pearce's. Testimony was received from several area landowners regarding air quality and water issues they feel would be affected by the granting of the land use change and subsequent mining of gravel on the Pearce property. It was noted that air and water quality issues are outside the purview of the Commissioners and would be more correctly taken up with the State DEQ and Department of Water Quality Division. McGarvin Moberly Vice-President Ernest M. Skretteberg testified to his company's long-term presence and status as an employer in the local community. He stressed his company's commitment to full mitigation on all projects and willingness to address any concerns that arise during the course of this project. After three calls for further comment, hearing none, Chairman Lumley declared the public hearing closed at 3:15 p.m. Mike Baker moved to remand the request for land use change back to the Land Use Planning Board on the grounds of improper notification to adjoining landowners per the county's Land Use Policy. Brad Basse seconded the motion for purposes of discussion. Discussion: County Attorney Jerry Williams stated that he felt that any errors in meeting the notification requirement had been mitigated by the continuation of the original public hearing. Commissioner Baker did not feel proper notification was given at the time of the original hearing. Commissioner Basse expressed concern over the amount of time that had passed since the original application and felt that the outcome of sending the application back to the LUPB was unlikely to be any different. Commissioner Basse called for the question. The vote was one for and one against remanding the application to the LUPB. Chairman Lumley cast the deciding vote in favor of remanding the application to the LUPB on the grounds improper notification was given to adjoining landowners. A special meeting of the Land Use Planning Board will be held to reconsider the land use change application. Mike Baker moved that the County pay for notification of land owners by certified mail and advertising for re-hearing process. Brad Basse seconded the motion. Motion carried. 5 Airport Update Dusty Spomer with GDA appeared to update the Commissioners on the current status of the airport relocation. Mr. Spomer presented the Certificate of State Grant In Aid for Snow Removal Equipment for the Commissioners' signature. Total amount of the grant is a maximum for $170,000.00, with the final amount determined by the cost of the snow removal equipment. Minimum participation on part of the county will be $3,470.00. This is a 98/2 grant. Brad Basse moved to approve the Certificate of State Grant in Aid for Snow Removal Equipment in the maximum amount of $170,000.00. Mike Baker seconded the motion. Discussion: Commissioner Basse noted that the desired broom for the snow removal equipment is not listed on the Grant Certificate. Mr. Spomer explained that the certificate does not list the exact specifications for the snow removal equipment, but the amount of the grant includes funding for the broom. Mr. Spomer recommended acceptance of the Grant, with amendments to be made to the grant specifications if necessary when the equipment is procured. Motion carried. At the previous meeting, there was some discussion regarding using GDA's assistance to procure the equipment. Brad Basse moved to authorize GDA to act as the county's procurement agent for the snow removal equipment. Mike Baker seconded the motion. Discussion: Commissioner Baker asked what the approximate cost would be for GDA to act as the procurement agent. Mr. Spomer indicated that he did not have the exact fees in hand at this time, but the approximate cost would be $15,000.00. Commissioner Baker stated that he felt capable of working up the specifications and bid papers for procurement of the snow removal equipment in light of the probable cost of assigning those tasks to GDA. Vote taken. Motion failed. Land Acquisition/Master Design – Rick Patton reviewed his dealings with Mr. Holden and his son regarding land survey activities. Permission has not yet been obtained for the geo-technical work. Currently, permission for that work seems to hinge on an article being printed in the Independent Record correcting an earlier article regarding the amount of land under consideration for purchase for the new airport site. The Commissioners approved the corrective press release to be given to the Independent Record for publication. At this point, Brad Basse moved to enter Executive Session at 4:07 p.m. for reasons of discussing land acquisition. Mike Baker seconded the motion. Motion carried. Brad Basse moved to exit Executive Session at 4:25 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session. Mr. Spomer presented the Commissioners with a Revised Scope of Work and a clarifying attachment – Scope of Work Revisions, along with a Funding Summary detailing the current funding sources for the new airport. The revisions included addition of the following items to the Scope of Work: 4.23-Electrical Layout, 4.24-Dry Utility Coordination and 5.5-Survey Locations of Soil Borings & Test Pits; and clarifications regarding the following items already included in the Scope of Work: Project Budget, General Project Description, 2.6- Utility, Access & Right of Way Easements, 4.5-Preliminary Packaging & Design-New Sheets Table, 4.8- Prepare FAA Pavement Design Report, 5.2-Electrical Design, and 5.3-Geotechnical Information. After Mr. Spomer explained the revisions, Mike Baker moved to approve the Revised Scope of Work for the Hot Springs County Airport Relocation Project. Brad Basse seconded the motion. Motion carried. Amendment #1 – Mr. Spomer presented the Amendment #1 to the 5-Year Generalized Engineering Agreement for the Commissioners' approval. This Amendment includes the previously approved Revised Scope of Work, the Owner's Responsibilities and the current Payments to Engineer for Services & Reimbursable Expenses. The County Attorney has not yet had a chance to review the amendment, nor has the FAA-required Independent Fee Estimate process been completed. Brad Basse moved to authorize the Chairman's signature on Amendment #1 contingent on completion of the IFE process and legal review by the County Attorney. Mike Baker seconded the motion. Motion carried. Identifier Change – The new airport has been assigned a temporary identifier of +09F to be used until the airport construction is completed and the new airport is open for business. Funding Status – Three grants have been received for the new airport. Clerk Odde presented the Federal Grant for Project #3-56-0043-01 in the amount of $1,629,519.00 for the Commissioners' consideration. Mike Baker moved to approve the Grant Agreement between Hot Springs County and the FAA for AIPP #3-56-0043-01 in the amount of $1,629,519.00. Brad Basse seconded the motion. Motion carried. Clerk Odde presented the Request For State Airport Aid grant application for the Commissioners' approval. Brad Basse moved to approve the Request For State Airport Aid to WYDOT-Aeronautics Division in the amount of $639,277.00 (State share = $626,491.00, County share = $12,786.00) dated September 7, 2010. Mike Baker seconded the motion. Motion carried. Clerk Odde presented the State Grant #2794 in the amount of $625,218.00 and State Grant #2757 in the amount of $51,458.00 for the Commissioners' approval. Mike Baker moved to approve the Certificate of State Grant-In-Aid for State Grant #2794 in the total amount of $625,218.00. Brad Basse seconded the motion. Motion carried. Brad Basse moved to approve the Certificate of State Grant-In-Aid for State Grant #2757 in the amount of $51,458.00. Mike Baker seconded the motion. Motion carried. 6 Appraiser Agreement – Rick Patton presented the Real Estate Appraisal Contract for services related to land acquisition for the new airport. Marc Miller of the FAA has reviewed the contract and approved it as to wording and contract amount. County Attorney Williams has also reviewed and approved the agreement. Brad Basse moved approval of the Real Estate Appraisal contract between Hot Springs County and Quarberg Appraisal Services in the amount of $15,000.00. Mike Baker seconded the motion. Motion carried. Pavement Maintenance Project – Rick Patton reported that the pavement maintenance project at the current airport is completely finished. The final review by WYDOT Aeronautics Division has been completed and approval has been received. Clerk Odde presented Airport Pavement Maintenance Project Request for Reimbursement #6 in the amount of $3,252.00. Mike Baker moved approval of Airport Pavement Maintenance Project Request for Reimbursement #6 in the amount of $3,252.00. Brad Basse seconded the motion. Motion carried. Weed Septic Appeal – Findings of Fact and Conclusions of Law County Attorney Jerry Williams presented the Findings of Fact and Conclusions of Law regarding the Weed Septic Appeal for the Commissioners' signature. Brad Basse moved to approve the document for signature and the sending of a signed copy of the document by certified mail to the appellant. Mike Baker seconded the motion. Motion carried. Other Business Senior Center Feasibility Study Grant Draft Request #4 – Clerk Odde presented Grant Draft Request #4 for the amount of $2,141.00. Mike Baker moved to approve the Senior Center Feasibility Study Grant Draft Request #4 in the amount of $2,141.00. Brad Basse seconded the motion. Motion carried. Senior Center Feasibility Study Report Review – Del Acker and Mark Averett with TSP, Inc. appeared before the Commissioners to review the final report for the Senior Center Feasibility Study conducted by their firm. Senior Center Director Jan Dickeson and Senior Center Board Chairman Jim Larson were also present to answer any questions the Commissioners might have for them. The primary findings of the study included the following: A larger Center seems justified by the projected increase in the served population over the next several years. The land requirement for a new center would be approximately 1.1 acres including building, bus garage and parking. The potential budget for the project would be approximately $2.9 million, not including land acquisition costs. The estimated timeline for the project is 52 weeks after funding is in place. Mr. Averett reviewed the section titled Wyoming Public Finance Options for Government Infrastructure, Capital Facility Projects and Senior Centers to give the Commissioners an idea of the various funding options available to the county for the project. One site was identified and focused on during the study, but Mr. Acker stressed that that was for illustration purposes only – it is not necessarily even the preferred site. Karen and Al Vallee, property owners adjacent to the identified site had appeared before the Commissioners earlier to voice their strong objections to that particular site on the grounds that it would adversely impact their property. The full report is available for viewing at the Senior Citizen's Center and in the County Clerk's Office. Library Employees – HSA Match Discussion – Clerk Odde asked the Commissioners for clarification regarding payment of the one-time $500 Incentive Payment and the on-going $500 maximum match payments to Library employees. Library employees can choose to participate in the County's Health Benefit Plan, but their wages are not paid through the County's payroll system. They are paid by the Library Board. Insurance premiums for the Library employees are paid to the County from the Library Board's budget. After discussion, Brad Basse moved to pay the one-time $500 Incentive Payment from County funds, with any ongoing match funds to come from the Library Board's budget. Mike Baker seconded the motion. Discussion: Chairman Lumley objected to the County funding any of the HSA funding costs as he felt it would set a precedent for non-county employees. Motion carried. New Employee HSA Participation Discussion – Brad Basse moved to establish that new employees will not be offered the $500 one-time incentive payment, but will be offered the opportunity to participate in the HSA plan with up to a $500 funding match from the county. Mike Baker seconded the motion. Motion carried. Appoint Lodging Tax Board Member – Clerk Odde presented the lone application received for the vacant position on the Lodging Tax Board and reported that the applicant met all the requirements for appointment to the position. Brad Basse moved to appoint Dan Moriarity to the Lodging Tax Board effective immediately, with a letter to be sent to Mr. Moriarity notifying him of the appointment. Mike Baker seconded the motion. Motion carried. Lane 3 SLIB Grant DDR #2 – Clerk Odde presented Draw Down Request #2 for the SLIB Grant for the Lane 3 project for the Commissioners' approval. Brad Basse moved to approve the SLIB Lane 3 Grant Draw Down Request #2 in the amount of $2,048.68. Mike Baker seconded the motion. Discussion: Commissioner Baker reported that he has become aware of a growing dissatisfaction on the part of the 7 surrounding landowners with the current contractor that needs to be addressed. It was noted that the contractor has an agenda time later in the meeting at which time this problem could be taken up. Motion carried. Lane 3 IRP Grant DDR #4 – Clerk Odde presented Draw Down Request #4 for the IRP Grant for the Lane 3 project for the Commissioners' approval. Mike Baker moved to approve IRP Lane 3, Phases I & II Draw Down Request #4 in the amount of $2,695.63. Brad Basse seconded the motion. Motion carried. Courthouse Communications Upgrade Project GDR #3 – Clerk Odde presented SLIB Grant Draft Request #3 for the Courthouse Communications Upgrade Project in the amount of $2,217.23 for the Commissioners' approval. Brad Basse moved to approve SLIB Grant Draft Request #3 for the Courthouse Communications Upgrade Project in the amount of $2,217.23. Mike Baker seconded the motion. Motion carried. Commissioner Basse is developing a cabling plan for the Courthouse communications upgrade and requested guidance regarding development of bid documents for the project. County Attorney Williams indicated that he would prefer to use an existing, standard type contract to developing a completely new contract for the work. Regarding the scope of work for the project, Commissioner Basse stated that he anticipates developing separate plans for the Courthouse proper and the Joint Law Enforcement Center. Clerk Odde stated that this would very helpful as the costs of cabling the Law Enforcement Center would be split with the Town of Thermopolis and separate plans would make it much easier to identify the costs to be charged to the Town for reimbursement. Citizen C.W. Clark asked to express his opinion regarding this upgrade project. He feels that it is unnecessary and wanted to know how much it was going to cost. Commissioner Basse reviewed the purpose and details of the project for Mr. Clark. Clerk Odde reported that the total cost of the project will be approximately $130,000.00, with the County's share of the project being $32,500.00. The remaining $97,500.00 will be paid for with Consensus Grant money distributed by the State and allocated via the consensus process with the other County entities. Commissioner Basse also pointed out that the main goal of the communication upgrade project is to reduce the county's costs for phone service by allowing the switch to a VOIP system, resulting in one line into the courthouse versus the current 40-some phone lines coming in. Consider Changes to BOE Appeal Hearing Rules – County Assessor Shelley Deromedi appeared to discuss the final version of the proposed changes to the Board of Equalization Appeal Hearing Rules. Changes to the current resolution will require a public hearing and passing of a new resolution. Clerk Odde was asked to advertise a public hearing for November 16, 2010 on the rule changes. Consideration of a new resolution was placed on the November 16, 2010 Commissioners Meeting agenda. The proposed changes will be posted on the County website by October 15, 2010 for public review. Consider MILLIES Inventory Proposal – Chairman Lumley discussed a proposal by ERG to conduct a verification inventory of lands nominated by the BLM as wilderness areas in the BHB Resource Management Plan process. These areas are currently identified as MILLIES – Multiple Use Lands With Wilderness Characteristics. The cost of the inventory would be split between the four counties involved, with Hot Springs County's share to be approximately $5,000.00. The various cooperating agencies involved in the BHB RMP revision feel this verification is important as their data indicates most of the nominated lands do not demonstrate the characteristics required for wilderness designation. Mike Baker moved to approve the county's participation in the verification inventory proposal with funds to come out of the RMP line item in the budget. Brad Basse seconded the motion. Discussion: Commissioner Basse asked to amend the motion to state that Hot Springs County's participation would be contingent on full participation by all four counties. Commissioner Baker concurred. Motion carried. Jared Nichols Well Permit Application – Clerk Odde presented the application for the Jared Nichols Water Well for the Commissioners' approval. The application has been reviewed and approved by the county's geological consultant, Gretchen Hurley. Mike Baker moved to approve the application for the Jared Nichols Water Well Permit. Brad Basse seconded the motion. Motion carried. Asbestos Abatement – Curtin Property – Clerk Odde was instructed contact the firm who conducted the Asbestos Survey for a list of potential bidders for the abatement project. 2010 Secure Rural Schools Election Form – Clerk Odde presented the Secure Rural Schools Election form for the Commissioners' approval. Mike Baker moved to approve the State Payment Title I selection for the Secure Rural Schools funding. Brad Basse seconded the motion. Motion carried. County Health Officer Contract – Clerk Odde reported that the contract approved earlier by the Commissioners was actually a draft contract. This is the final contract to be approved for signature. Brad Basse moved to approve the County Health Officer Contract between Howard Willson, M.D., Hot Springs County Health Officer and the Wyoming Department of Health, Public Health Emergency Preparedness in the amount of $12,000.00, with a change in the signature line to reflect the current chairman. Mike Baker seconded the motion. Motion carried. 8 Utility License Agreement – Rocky Mountain Power – Clerk Odde presented a utility license agreement application from Rocky Mountain Power for overhead work on County Road 35-E. Road & Bridge Supervisor Ray Shaffer has reviewed and approved the application, and the required fee has been received. Commissioner Basse recused himself from discussion and voting as he is doing the electrical work for the property to be served by the overhead line in question. Mike Baker moved to approve the Utility License Agreement between Hot Springs County and Rocky Mountain Power for overhead work on County Road 35-E (Lane 12). John P. Lumley seconded the motion. Motion carried. Hospital Endoscopy Suite SLIB GDR #1 – Clerk Odde presented SLIB Grant Draft Request #1 for the Hospital Endoscopy Suite project for the Commissioners' approval. Commissioner Baker reported that during the construction process, the contractor accidentally set off an overhead sprinkler, resulting in flooding of the area. Costs for the flooding repairs have been identified and submitted to the contractor's insurance company with reimbursement expected. Brad Basse moved to approve SLIB Grant Draft Request #1 for the Endoscopy Suite project in the amount of $27,911.13. Mike Baker seconded the motion. Motion carried. Correspondence Library Board Minutes Museum Board Minutes Hospital Board Minutes Grass Creek Coal Company – Blasting Notice Fairgrounds Events Calendar The Commissioners reviewed the foregoing items. No action was required or taken at this time. Executive Session Brad Basse moved to enter Executive Session for reasons of potential litigation and personnel at 6:33 p.m. Mike Baker seconded the motion. Motion carried. Brad Basse moved to leave Executive Session at 7:10 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session. Adjournment There being no further business to come before the Board at this time, Mike Baker moved to adjourn at 2:40 p.m. Brad Basse seconded the motion. Motion carried. | ||
| Attest: | ||
| John P. Lumley, Chairman | Hans Odde, Clerk to the Board | |
| BILLS – AUGUST, 2010 | ||
| KONE INC. 19.05 | WORLAND CLEANERS & SUPPLY 40.15 | |
| IRIS L. CAVALLI 183.00 | LOLA CORDINGLY 138.00 | |
| VIOLA N. RYAN 183.00 | NELLIE CORLEY 201.62 | |
| CAROL J. DOCKERY 214.66 | NORTHERN WYOMING DAILY NEWS 112.00 | |
| WACO WY ASSOC OF CO OFFICERS 1,490.00 | HANSON'S FIRE EQUIPMENT 501.30 | |
| HOT SPRINGS VETERINARY CLINIC 103.00 | HOT SPRINGS COUNTY WEED & PEST 181.08 | |
| CLAUDIA J. TALOVICH 183.00 | RANEE L. GONSALEZ 22.50 | |
| RAMS HEAD FINANCIAL SERVICES 20.00 | ST.VINCENT HEALTHCARE 676.68 | |
| WYOMING TRIAL LAWYERS ASSOC. 95.00 | AFLAC (ACCOUNT #HW652) 911.87 | |
| STATE OF WYOMING - A&I 45.97 | ALEXA A. HANSON 183.00 | |
| AMCOM 7,462.00 | AMELIA A. DEROMEDI 18.00 | |
| ANITA WEISBECK 29.00 | ATLAS OFFICE PRODUCTS, INC. 505.13 | |
| BARBARA A. MOELLER 183.00 | BARTON STAM 684.42 | |
| BIG HORN WATER 72.00 | BIG HORN ENERGY 68.81 | |
| BETTY JEAN MARTINEZ 174.40 | BLAIR'S SUPER MARKET 709.16 | |
| BRAD W. BASSE 91.74 | BREE GERBER 63.00 | |
| BROKERS NATIONAL LIFE 480.60 | CALIFORNIA CONTRACTORS 79.80 | |
| CAROL M. SLAGLE 204.50 | CD SIGNS & SUPPLY 140.00 | |
| CHADWICK C. BALDES 34.84 | ||
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| CHARLES R. CURLEY 114.00 | CHARLOTTE M. GOURLEY 183.00 | |
| CHAS. H. DAY CO.,INC. 88.38 | CLEAN DESIGN,INC 26.43 | |
| RED ROCK FAMILY PRACTICE 144.00 | THERMOPOLIS HARDWARE 496.93 | |
| COLONIAL SUPPLEMENTAL INS. 248.45 | VERIZON WIRELESS 56.55 | |
| VERIZON WIRELESS 41.60 | VERIZON WIRELESS 62.68 | VERIZON WIRELESS 266.02 | VERIZON WIRELESS 47.56 |
| CINDY MAGELKY 513.58 | DONNA M. LOSSNER 183.00 | |
| DON'S IGA 112.46 | DON'S IGA 768.12 | |
| DORIS ANN READY 183.00 | D.R.A. SERVICES LLC 7,603.43 | |
| ECONO SIGNS LLC 1,452.39 | ELLEN M. GALYAN 183.00 | |
| ENGINEERING ASSOCIATES 5,391.25 | ELECTION SYSTEMS & SOFTWARE 1,017.84 | |
| FASTENAL COMPANY 140.92 | FEDEX 21.72 | |
| SHELL FLEET PLUS PROCESSING CENTER 224.20 | FLEETPRIDE 800.47 | |
| PINNACLE BANK OF THERMOPOLIS 35,692.51 | PINNACLE BANK 7,500.00 | |
| FOOD SERVICES OF AMERICA 1,264.41 | FRANDSON SAFETY INC. 11.00 | |
| MORTIMORE FUNERAL HOME 543.99 | GDA ENGINEERS 3,614.75 | |
| MOUNTAIN WEST BUSINESS SOLUTIONS 95.00 | HANS ODDE 84.00 | |
| HOLIDAY INN OF CODY 203.57 | HONNEN EQUIPMENT CO. 703.55 | |
| HOT SPRINGS COUNTY HEALTH INS ACCT 47,319.34 | HOT SPRINGS CO. SCHOOL DIST #1 7,725.07 | |
| HUBERT COMPANY 380.10 | R.L. HUDSON, LAND SURVEYOR 32.00 | |
| INDEPENDENT RECORD 2,684.81 | INDOFF INC. 173.15 | |
| INTERSTATE ALL BATTERY 11.98 | INTEGRA INFORMATION TECHNOLOGIES 42.59 | |
| JERRY D. WILLIAMS 113.95 | JILL JACOBSON 250.00 | |
| JOHN LUMLEY 572.35 | JOHNSTONE SUPPLY 131.04 | |
| JOYCE A. KELLEY 183.00 | JUDY M. CRAMER 189.00 | |
| MARY KING 183.00 | LACAL EQUIPMENT, INC. 286.84 | |
| LEADERSHIP HOT SPRINGS COUNTY 250.00 | LEGION TOWN & COUNTRY CLUB INC. 7,500.00 | |
| LEROY WILLIAMS 183.00 | MARTHA E. JOHNSON 114.00 | |
| MARY GORDON 99.00 | MARLENE T. CHRISTOFFERSON 18.00 | |
| MBA OF WYOMING 35,564.24 | MEADOW GOLD DAIRY 137.25 | |
| HOT SPRINGS CO. MEM. HOSPITAL 27,935.63 | MESSENGER & JUROVICH, P.C. 745.00 | |
| MIAMI-DADE COUNTY MEDICAL EXAMINER 825.00 | MICHEAL R. BAKER 218.00 | |
| MICHAEL F. KELLEY 183.00 | MONTANA RADIATOR WORKS 594.00 | |
| NATRONA COUNTY ATTORNEY 657.50 | NIELSEN OIL CO., INC. 60.00 | |
| ONE STOP REPAIR & 261.55 | O'REILLY AUTO PARTS 48.86 | |
| O'REILLY AUTO PARTS 89.97 | THE OFFICE SHOP, INC 886.94 | |
| ROCKY MOUNTAIN POWER 4,826.77 | PAMIDA 344.33 | |
| PENNOYER GRAPHICS 402.00 | PERFORMANCE AUTO & GLASS 527.82 | |
| PLAINSMAN PRINTING & SUPPLY 145.28 | POSTMASTER 352.00 | |
| PRINT ZONE 439.92 | PROFESSIONAL REPORTING NETWORK 652.10 | |
| PUBLIC SAFETY CENTER, INC. 1,102.57 | PYROTECHS, INC. 120.00 | |
| QWEST 650.38 | QWEST 2,956.31 | |
| RAYMOND E. SHAFFER 8.80 | RECOVERY SYSTEMS 3,488.87 | |
| GORRELL & HOPKINSON, P.C. 120.00 | RIVERTON TIRE & OIL CO., INC. 2,228.07 | |
| RT COMMUNICATIONS, INC. 2,258.99 | SANDRA L BAKER 40.00 | |
| SANOFI PASTEUR, INC. 2,283.83 | SHOSHONE OFFICE SUPPLY 1,738.36 | |
| SIGNS OF SUTHERLAND AUTO 38.00 | SNOWCREST CHEMICALS 707.50 | |
| HOT SPRINGS CO SENIOR CITIZENS INC 2,141.00 | THE STANDARD INS. CO. 1,315.47 | |
| STEVE WEICHMAN 325.42 | T&JPROPANE 51.75 | |
| TEAM LABORATORY CHEMICAL CORP. 226.78 | TEEPEE POOLS 337.00 | |
| THERMOPOLIS HARDWARE 100.02 | THOMAS L. BENNETT, M.D. 1,620.00 | |
| TOWN OF THERMOPOLIS 1,020.03 | TRAVELING COMPUTERS, INC. 399.98 | |
| TRI COUNTY TELEPHONE ASSOC,INC 334.29 | GASES PLUS NORCO 153.44 | |
| VERIZON WIRELESS 44.39 | VICKLUND PHARMACY 246.01 | |
| VICKIE L. ROSS 183.00 | VISA - CARD ONE 229.57 | |
| VISA - CARD TWO 37.68 | VISA - CARD FOUR 675.00 | |
| VISA - CARD SIX 154.12 | VISA (CARD EIGHT) 512.50 | |
| VISA 311.00 | VISA 26.42 | |
| WCS TELECOM 317.97 | WELD COUNTY SHERIFF 39.10 | |
| EMPLOYMENT TAX DIVISION 1,790.78 | WYOMING.COM 20.00 | |
| WYOMING DIVISION OF 417.00 | ORCHARD TRUST COMPANY 6,120.00 | |
| WY DEPT. OF ENVIRONMENTAL 100.00 | WYOMING BUSINESS REPORT 34.97 | |
| WYOMING GAS 448.12 | WYO RETIREMENT SYSTEM 17,994.65 | |
| 036-NCPERS GROUP LIFE INS. 256.00 | WYSSMANN PSYCHOLOGICAL & COUNSELING 350.00 | |
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