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 |
| October 19, 2010 | ||
| The Hot Springs Board of County Commissioners met in regular session on Tuesday, October 19, 2010, at 4:00 p.m. in the Commissioners’ Room at 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 Mike Baker moved to approve the agenda with the following changes: ADD: Larry Bentley 1. Horse Investigation Issues John Lumley 3. Shoshone Forest Revision Review Commissioners 4. Acknowledgement of Receipt of Complaints Other Business 7. Notification of BHBNDC JPB Appointment MOVE: Dan Stansill 2. Landfill Agreement Brad Basse seconded the motion. Motion carried. Horse Investigation Issues Citizen Larry Bentley requested time to speak to the Commissioners regarding a recent incident involving the shooting of one of his horses by a deputy sheriff, the subsequent handling of the incident by the sheriff’s department, and the lack of response to a letter from his attorney to the Commissioners. Against the advice of the County Attorney, Chairman Lumley granted Mr. Bentley permission to bring these issues before the Commissioners at the meeting. Mr. Bentley thanked the Commissioners for the opportunity to speak at the meeting. He requested that the letter from his attorney to the Commissioners be made part of the public record and asked that either the County Attorney or the Commissioner respond to said letter in writing to establish why the Commissioners do not feel that an independent investigation is necessary at this time. Chairman Lumley responded that the letter had previously been made part of the public record. Mr. Bentley stated that, in view of the numerous allegations of wrongdoing and cover-ups of wrong-doing in both the Sheriff’s office and the County Attorney’s office, it was his opinion that these two offices should welcome an outside investigation to either prove or disprove these allegations and restore the confidence of all Hot Springs County residents in these two offices. Commissioner Basse responded as a private citizen with an expression of sympathy over the death of Mr. Bentley’s pet, and stressed that the County is trying to do everything it can to go forward and deal with the situation. Commissioner Baker stated that, as a private citizen and property owner, he is quite sympathetic to Mr. Bentley’s situation and offered a sincere apology for the incident in his private capacity to Mr. Bentley. Chairman Lumley closed by reiterating that the County is doing everything it can to resolve the matter. Mr. Lumley stated that he had discussed the matter with the State Attorney General’s Office, the State Livestock Board, and the DCI and communicated the results of those conversations back to the complainants. Ongoing, Kebin Haller with the DCI has contacted Chairman Lumley and has been informed that, if he wishes to come and visit with people here in the county regarding these issues, there are several local citizens that would welcome the chance to visit with him. Landfill Agreement County Attorney Jerry Williams reviewed the proposed landfill agreement between the Town of Thermopolis and Hot Springs County. Mr. Williams outlined several concerns he has with the proposed agreement for the Commissioners. After discussion, this item was tabled to the November 2, 2010 Commissioner meeting when Town representative Dan Stansill could be present to discuss various aspects of the agreement. Mr. Stansill had planned to attend this meeting, but was unable to be present due to an illness in his family. Shoshone Forest Revision Review 1 Commissioner Lumley reported that the Shoshone National Forest has issued a Notice of Intent to start again with the Shoshone Forest Resource Management Plan revision, including going through the full NEPA process. Each cooperating entity will have to apply again for cooperating agency status. Hot Springs County will be part of the group applying for FNRPA funds to aid in the continued retention of ERG as the consultant for the cooperating agencies. Chairman Lumley also reminded the Commissioners of the Friday morning conference calls/Webinars with the BLM and ERG as part of the review process for the Bighorn Basin Resource Management Plan revision starting October 29, 2010. Acknowledgement of Receipt of Complaints Chairman Lumley reported that the County Clerk and the Commissioners are in receipt of formal complaints filed against the County Attorney and the County Sheriff. After consultation, the County Attorney has recommended retention of outside counsel to advise the Clerk and Commissioners in this matter. Mike Baker moved that the Hot Springs County Board of Commissioners retain outside counsel for advice on the allegations received in the complaint filed with the County Clerk against the County Attorney and the Sheriff, with said advice to be shared with the Clerk. Brad Basse seconded the motion. Discussion: At the suggestion of the County Attorney, Commissioner Baker recommended consultation with the Bighorn County Commissioners regarding this matter as they have recently been through a similar situation, and might be able to suggest a competent, experienced attorney to act as outside counsel. Commissioner Basse emphasized that the reason for seeking outside counsel is that County Attorney Williams is unable to represent himself or the other named party in the complaint as he is one of the objects of the complaint. Clerk Odde reported that, per State Statute 18-3-907(b), the soonest that the complaints can be formally addressed would be at the November 2, 2010 regular Commission meeting. Motion carried. Chairman Lumley will follow up with Big Horn County regarding a recommendation for counsel. Other Business Asbestos Air Sampling Contract – Clerk Odde reviewed the contract proposal from Terracon to provide EPA-mandated air-sampling services during the asbestos removal project on the Curtin property. Terracon would provide a NESHAP “Competent Person”, OSHA Initial Negative Exposure asbestos monitoring and perimeter asbestos air sampling services during the demolition phase of the project. The County Attorney has reviewed the contract and finds it acceptable. The proposal is for four days of work, but Clerk Odde has confirmed that, if the demolition phase of the project takes less than four days, the County would only be charged for the days required. Brad Basse moved to approve the contract proposal dated 10-06-10 between Terracon and Hot Springs County for Asbestos Air Sampling Services in an amount not to exceed $3,490.00. Mike Baker seconded the motion. Motion carried. STWSD Grant Application Review – Clerk Odde presented a letter from Engineering Associates asking for a written review of the South Thermopolis Water System Expansion Project to accompany the OSLI Grant Application being filed on behalf of STWSD by Engineering Associates. After reviewing the letter, the consensus of the Commissioners was that Engineering Associates should be responsible for gathering the requested data and drafting the review for the Commissioners’ approval at the November 2, 2010 Commission meeting. Clerk Odde will work with Engineering Associates representatives to develop the review for presentation at the November 2 meeting. Airport Above-Ground Fuel Storage Tank Inspection Report – After reviewing the final report, Commissioner Basse indicated that he will personally inspect the tank and discuss with the supplier and installer of the tank the issue of the supposedly missing interstitial monitor, as well as the roof-top access issue. There was some discussion of whether the regulations have changed since the installation of the tank and whether the County could be required to bring the tank into compliance with new regulations if it met the regulations in effect at the time of installation. Commissioner Basse and Clerk Odde will work to resolve these issues and report back to the Commission as a whole at the November 2 meeting. Weed & Pest Board Vacancy – Sid McDonald has submitted his resignation from the Weed & Pest Board due to a job transfer. Clerk Odde asked for acceptance of Mr. McDonald’s resignation and authorization to advertise for replacements. Mike Baker moved to accept Sid McDonald’s resignation with regret and send him a letter of thanks for his service. Brad Basse seconded the motion. Motion carried. Brad Basse moved to authorize Clerk Odde to advertise the vacancy and solicit petitions of nomination for a replacement to be appointed at the November 16, 2010 regular Commission meeting. Mike Baker seconded the motion. Motion carried. 2 Pearce Hearing Reminder – Clerk Odde reminded the Commissioners that the Pearce Land Use Change Hearing will be held Friday, October 22 at 8:00 a.m. in the meeting room at the Government Annex. Curtin Property Sealed Bid Auction Update – Clerk Odde reported that the sealed bid auction for items from the Curtin property has been held as advertised. Winning bidders have been notified and all property is to be removed by October 29, 2010 so that demolition can commence. The County received approximately $500 from the auctioned items, which has been deposited in the General Fund. All remaining items will be disposed of in the landfill. Bighorn Basin Nature & Discovery Center Appointment – Chairman Lumley reported that he had met with Mayor Bill Malloy and they had selected Mary Scheible to replace Ann Hardesty on the Discovery Center Joint Powers Board. Mrs. Hardesty has moved to Gillette. Ms. Scheible has been contacted and has agreed to serve on the Joint Powers Board pending ratification by the Town Council and the County Commissioners. Mike Baker moved to approve the appointment of Mary Scheible to the Joint Powers Board for the Bighorn Basin Nature & Discovery Center. Brad Basse seconded the motion. Motion carried. Correspondence State Dept. of Audit – Special Districts Compliance Report – Three Special Districts have not yet filed their required annual reports with the State Dept. of Audit. Commissioner Baker will remind the Owl Creek Irrigation District of the requirement, and Clerk Odde will contact the Owl Creek Rural Water District and Northwest Wyoming BOCES. JPT Group Health Benefits – 2010 Wyoming Workshop Schedule – Commissioner Basse reported that a JPT representative spoke to the WCCA group at their September meeting about creating an insurance pool from interested counties statewide in an attempt to control rapidly escalating health insurance costs. State Dept. of Audit – Reporting Requirements for ARRA Funds – Clerk Odde reported that the County has only one grant involving ARRA funds – the COPS grant – and Cindy Magelky is handling the reporting for this grant. She has received a copy of the reporting requirements. Fairboard Minutes Library Board Minutes Airport Traffic Count – September, 2010 State Board of Equalization – Order of Dismissal with Prejudice – EXXON Mobil Corporation Adjournment There being no further business to come before the Board of County Commissioners at this time, Brad Basse moved to adjourn the meeting at 5:10 p.m. Mike Baker seconded the motion. Motion carried. | ||
| Attest: | ||
| John P. Lumley, Chairman | Hans Odde, Clerk to the Board | |
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