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 | ||||||||||||||||||
| November 16, 2010 | ||||||||||||||||||||
| The Hot Springs Board of County Commissioners met in regular session on Tuesday, November 16, 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:Commissioners DCI Letter Chuck CarverParking Blocks Other Business8. Courthouse Cabling Project Brad Basse seconded the motion. Motion carried. Public Hearing – Board of Equalization Appeal Hearing Rule Changes Chairman Lumley declared the public hearing on the BOE Appeal Hearing Rule Changes open at 4:03 p.m. Clerk Hans Odde indicated proper hearing notification had been given and reviewed the reasoning behind the requested rules changes. Deputy County Assessor Judy Carswell had nothing further to add. After three calls for public comment, receiving none, Chairman Lumley declared the public hearing closed at 4:06 p.m. Brad Basse moved to approve Resolution 2010-04 revising the rules governing the appeal hearing process for the Hot Springs County Board of Equalization. Mike Baker seconded the motion. Motion carried. DCI Letter Chairman Lumley reviewed the decision made at the last meeting to draft a letter to the Attorney General asking for his assistance in dealing with citizen requests for an investigation of several issues related to the Sheriff's department. The Commissioners have been working on a draft of this letter and it will be available for public review and will be mailed out by the Clerk Wednesday, November 17, 2010. Primary points to be included in the letter are: a) The need for the public to have a place to go with their complaints in view of their reluctance to take their complaints to the agency that is the focus of the complaints, i.e. the Sheriff's department.Acknowledging a large citizen contingent in the audience, Chairman Lumley asked if anyone had any further comments. Chris Bentley provided Commissioners with an email from State Attorney General Bruce Salzburg stating that his office "has the authority to act when the County Attorney fails or refuses to act, and there is a request by the Board of County Commissioners or the District Judge." In response to questions from the audience, County Attorney Williams reviewed the proper legal method for filing a formal complaint. Further comments were received from Curtis James, Julie Lehman and Dan Moriarity, as well as an exchange between Marty Smith and County Attorney Jerry Williams. Upon review of the statutes, Commissioner Baker reported that all costs for an investigation would be borne by the County, which came as somewhat of a surprise to many of the people in attendance. Commissioner Baker stated that he wished to make it very clear that this requirement would have no bearing on the investigation, a statement which Chairman Lumley and Commissioner Basse strongly concurred with. 1 LT-101 Contract Public Health Nurse Bree Gerber presented the LT-101 Contract with the State for the Commissioners' signature. This contract enables the Public Health department to provide medical eligibility evaluations for nursing home residents, proposed residents seeking Medicaid coverage, proposed clients receiving long-term home care and community based services waivers and non-binding medical eligibility evaluations for any non-Medicaid nursing home residents upon request, as well as performing Pre- Admission Screening and Resident Review Level II screenings. Mike Baker moved to approve the Contract between the Wyoming Department of Health, Office of Healthcare Financing and Hot Springs County Public Health Nursing for LT-101 Services. Brad Basse seconded the motion. Motion carried. Ms. Gerber also reported that her office has been nominated for the State Dept. of Health's "Sharp Shooter Award" in recognition of their achievement of a 100% vaccination rate through December 31, 2009, and a 0% Vaccine Wastage rate. Commissioners offered Ms. Gerber and her department their congratulations on this achievement. Parking Blocks Purchase Maintenance Foreman Chuck Carver reported that the new county parking area behind the courthouse has been leveled, graveled and packed and is nearly ready for use by county employees. He requested approval for the purchase of approximately 25 parking blocks and rebar anchors to be installed at this time so that courthouse employees can use the parking lot until further building demolition and surface improvements can be made, probably in the spring. The parking blocks and anchors are capable of being easily removed and reused as needed, and should run less than $1,000.00 in total costs. The Commissioners authorized Mr. Carver to purchase the blocks and rebar with funds from the Capital Construction account. Jubin & Zerga Fee Agreement Clerk Odde presented the fee agreement with Jubin & Zerga, the County's outside counsel for the petition filed against the Sheriff and County Attorney by Jim Weisbeck and Marty Smith. Brad Basse moved to approve the Fee Agreement in the amount of $185/hour for services rendered regarding the Removal Petition against the County Attorney and Sheriff. Mike Baker seconded the motion. Motion carried. Assessor – Rebate Deputy County Assessor Judy Carswell presented the following rebate for the Commissioners' approval: Rebate #28-10 – EVANS, Daniel T. – 2010 Parcel #194 – 41.44 acres of ag land with improvement. LRA 3A adjustment was inadvertently missed on this parcel, resulting in over-assessment of 531. Taxes in the amount of $34.33 need to be rebated. Brad Basse moved to approve Rebate #28-10 to Dan Evans in the amount of $34.33. Mike Baker seconded the motion. Motion carried. Resolution 2010-05 – SLIB Grant Application – Hospital Elevator Replacement HSCMH CEO Charlie Myers, Hospital Board President Bill Williams and HSCMH Engineering Director Skip Zancanata appeared before the Commissioners to request the County's sponsorship of their Emergency SLIB Grant application for funds to replace the hospital's elevator. The SLIB Grant would be a 75-25 grant, and the 25% that would be the County's share has already been allocated as part of the Hospital's budget. Total funds requested would be $127,388.00. The elevator is original to the building and can no longer be brought up to safety code requirements. There have been two Workman's Comp claims already this year as a result of the unsafe condition of the elevator, and parts are no longer available for repairs. Mike Baker moved to approve Resolution #2010-05 Authorizing Submission of a Federal Mineral Royalty Capital Construction Account Grant Application to the State Land & Investment Board in the amount of $127,388.00 for Emergency Hospital Elevator Replacement. Brad Basse seconded the motion. Clerk Odde complimented Charlie Myers and Shelly Larson on the completeness of the application. Charlie Myers added his thanks to Linda Hausner and Skip Zancanata for their work in pulling together the information required to complete the application. Motion carried. Commissioner Basse offered to accompany hospital officials to the SLIB meeting on December 9, 2010 to discuss the grant application. Other Business Weed & Pest Board Vacancy – No applications have been received at this time, so the position will be re-advertised and appointed at the 12-07-10 Commissioners Meeting. 2 Airport Fuel Storage Tank Sensor & Walkway Issues – The absence of an interstitial sensor in the airport fuel storage tank has been confirmed. This sensor and the rooftop access walkway must be installed to bring the fuel storage tank into compliance with DEQ regulations. Commissioner Basse is working with the company that installed the tank to get the sensor installed. Commissioner Basse has located a company that builds custom rooftop access systems for tanks in the oilfield and feels that this type of design would work well for the current situation. Chairman Lumley thanked Commissioner Basse for his efforts and asked him to move forward with both of these projects. Museum Board Member Resignation – Board member Janet Parrent has resigned her position on the Museum Board as she is moving to Cody to take a job with Park County. Mike Baker moved to accept the resignation with regret and authorize the Clerk to advertise for a replacement to be appointed at the regular Commissioners meeting on December 21, 2010. Brad Basse seconded the motion. Discussion: Commissioner Basse asked that a letter be written to Ms. Parrent thanking her for her service. Motion carried. MBA Treaty of Excess Loss Agreement – Clerk Odde presented the Treaty of Excess Loss Reinsurance issued by American National Insurance Company through Bardon Insurance Group for the Commissioners' signature. Brad Johnson, the County's insurance consultant, has reviewed the agreement and recommends it for signature. Brad Basse moved to approve the MBA Treaty of Excess Loss Reinsurance with Bardon Insurance Group. Mike Baker seconded the motion. Motion carried. LGLP Board Ballot – After discussion of the various candidates and their qualifications, Mike Baker moved to cast votes for Kent Connelly for the County Commissioner position and Tracy Glanz for the At- Large position on the Local Government Liability Pool Board. Brad Basse seconded the motion. Motion carried. NRPC Board Member Appointment – Clerk Odde presented the only application received for one of the open positions on the Natural Resources Planning Committee. After consideration, Brad Basse moved to appoint Terry Tonn, Sr. to the NRPC Board. Mike Baker seconded the motion. Motion carried. A letter will be sent to Mr. Tonn, notifying him of his appointment. Road & Bridge Plow Truck Financing Application – Clerk Odde presented the application for funding of the Road & Bridge Department's new plow truck through Baystone Financial Group. There were four payment options offered and Clerk Odde recommended Option #3 as the least expensive option. Mike Baker moved to approve the Financing Application through Baystone Financial Group with Payment Option #3 for the purchase of a Road & Bridge Plow Truck in the amount of $122,310.07. Brad Basse seconded the motion. Motion carried. Courthouse Cabling Project – Commissioner Basse respectfully requested authorization from the Board of Commissioners to engage the services of Fred Hanson to assist him with the development of plans and specifications for the Courthouse Cabling Project. The project requires more time than Commissioner Basse has available at the moment and needs to be completed in a timely fashion. Mike Baker moved to hire Fred Hanson to assist with the Courthouse Cabling Project at a rate not to exceed reasonable and customary fees for his services. Brad Basse seconded the motion. Motion carried. Correspondence | ||||||||||||||||||||
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| Executive Session – Potential Land Acquisition Mike Baker moved to enter Executive Session to discuss potential land acquisition at 5:45 p.m. Brad Basse seconded the motion. Motion carried. Mike Baker moved to leave Executive Session and re- enter Regular Session at 7:45 p.m. Brad Basse seconded the motion. Motion carried. No action was taken during Executive Session. Brad Basse moved to allow the WYDOT Right-of-Way people and the appraiser to continue their work on the proposed site of the new airport with no change in their approach from the current plan, hopefully leading to a negotiated settlement for acquisition of the property. Mike Baker seconded the motion. Motion carried. Brad Basse moved to request the County Attorney to review the grant assurances contained in the previous grants received for the Master Plan, Site Selection Study and Environmental Analysis and the current grants for Land Acquisition and Airport Design & Construction and advise the Commissioners as to any liabilities that may exist to the county if the airport project were not to proceed. Mike Baker seconded the motion. Motion carried. Extension of the appraiser's contract will be considered at the December 7, 2010 regular Commissioners meeting, as agreed to by the appraiser. 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 7:50 p.m. Mike Baker seconded the motion. Motion carried. | ||||||||||||||||||||
| Attest: | ||||||||||||||||||||
| John P. Lumley, Chairman | Hans Odde, Clerk to the Board | |||||||||||||||||||
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