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 |
| December 21, 2010 | ||
| The Hot Springs Board of County Commissioners met in regular session on Tuesday, December 21, 2010, at 3:00 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 Brad Basse moved to approve the agenda with the following changes: ADD: Other Business 6. Discussion of Coordination Seminar — Park County Mike Baker seconded the motion. Motion carried. Airport Update Land Acquisition Resolution — GDA representative Dustin Spomer presented Resolution #2010-06 concerning eminent domain for the Commissioners' consideration. Commissioner Basse stated his position that the resolution must be passed as the county needs a new airport and years of study and review indicate that the proposed site is the only suitable one in the county for an airport, and that the eminent domain laws were enacted for the exact situation the county currently finds itself in. Commissioner Baker stated his position that the resolution is not needed until an offer is made, that condemnation against the current owner's wishes is not an acceptable means to acquire the land necessary for a new airport, and that he is not sure that the proposed site is the only acceptable site within the county for a new airport. Mr. Spomer stated that this resolution needs to be passed at this time to keep the project on track and moving forward in a timely manner. As there were several local citizens present who wished to give input on this matter, Chairman Lumley opened the floor to the public, after reminding everyone present that this was not a public hearing on the matter of the resolution. Citizens Kay Rush, Ruth Clare Johnson, Matt and Teresa Brown, EDC representative Harry Hughes, and Bill Williams expressed their views on the airport in general and the resolution in particular. When the members of the public had finished speaking, Commissioner Baker asked Mr. Spomer what necessitated passage of the resolution at this time. Mr. Spomer stated that a delay in passage of the resolution would cause an unacceptable delay in the project if condemnation became necessary, resulting in the loss of one whole construction season and probably a loss of grant money from the FAA and/or WYDOT. Brad Basse moved approval of Resolution #2010-06 For Exercise of Eminent Domain as follows: After discussion of Roberts Rules of Order, Chairman Lumley seconded the motion. Discussion: Commissioner Basse asked that a letter be drafted to the property owner reiterating the County's desire to acquire the property through a negotiated settlement, with the caveat that the import of the project to the citizens of Hot Springs County is such that eminent domain will be pursued if necessary. Chairman Lumley and Commissioner Baker both agreed that it was not possible to bring the current airport into compliance with FAA standards regardless of the amount of money spent, and therefore, a new airport is necessary. Chairman Lumley expressed his concern regarding the funds already expended on this project and the liability to the county for repayment of those funds. Commissioner Baker agreed with the Chairman's concern, but remains adamantly opposed to condemnation. The vote was taken and the motion passed with Basse voting for, Baker voting against and Chairman Lumley breaking the tie with a vote in favor of the resolution. Property Acquisition Issues — Dustin Spomer reviewed the Memorandum of Understanding submitted by WYDOT Right-Of-Way regarding the land acquisition process for the Airport Relocation Project. Mr. Spomer indicated that he did not feel the MOU was acceptable in terms of getting the acquisition done in a reasonable amount of time. Mr. Spomer then presented a draft resolution assigning the management of the land acquisition portion of the airport project to GDA for the Commissioners' consideration. The proposed change to GDA's current scope of work would include negotiation and oversight of the appraisal and oversight of WYDOT's review appraisal. Adjustments to the fee for services under the agreement, if any, would be considered at a later date. Upon questioning from the Commissioners, Mr. Spomer indicated that he has discussed removing all but the Review Appraisal from the WYDOT Right-of-Way group's purview with WYDOT representative Bob Peck and feels confident that it would not harm GDA's or the County's working relationship with WYDOT on this project. Brad Basse moved to adopt Resolution 2010-05 as follows: Mike Baker seconded the motion. Motion carried. Owl Creek Gauge Station Memorandum of Understanding State Engineer's Office representative Dave Deutz and Road & Bridge Foreman Ray Shaffer appeared before the Commissioners to discuss the proposed MOU between the State Engineer's Office and Hot Springs County regarding a new gauge station on the North Fork of Owl Creek near a bridge on Owl Creek Road to be located in the County's right-of-way. Mr. Shaffer indicated that he has reviewed the project and has no problems with it as long as it doesn't interfere with bridge maintenance at this location, which Mr. Deutz does not feel it will. Mike Baker moved to accept the location and authorize the Chairman to sign the MOU as presented. Brad Basse seconded the motion. Motion carried. 2 Amendment to BLM Free Use Permit Application Planner Lee Campbell introduced BLM employee Pam French. Mr. Campbell is working with Ms. French to expand the Wagonhound gravel pit permit from 40 acres to 70 acres. Ms. French has suggested that the county make application for a new permit for the 30 acre expansion requested. The old permit could only be extended one time for a period of one year, while the new permit would be for a total of 70 acres for a period of 10 years. Mike Baker moved to approve the application for a 70 acre free use permit on the Wagonhound pit. Brad Basse seconded the motion. Motion carried. BIA Trust Land Issues The Commissioners have received a letter from the Bureau of Indian Affairs regarding an application for acquisition of lands to be converted to Trust Lands for the Northern Arapaho Tribe. The letter requests comments on the application as well as information regarding taxes, assessments, land use classification and government services provided for the parcels in question. The comments and information are requested by January 7, 2011, with a ten to thirty day extension possible upon request. Commissioner Baker indicated that he felt this application should be strongly opposed and an extension of the comment period should be requested. Upon questioning by the Commissioners, County Attorney Jerry Williams stated that putting the land into Tribal Trust Lands would result in a net loss of taxable land to the county, would remove the land from the county's primary legal jurisdiction while still requiring emergency and law enforcement response from the county, and that it would be in the best legal interests of the county to oppose the application. After further discussion, Mike Baker moved that the Commissioners take a position of opposition to the 242.8 acres, more or less, south of Thermopolis specified in the BIA letter being put into Tribal Trust Lands. Brad Basse seconded the motion. Motion carried. Mike Baker moved to ask for an extension to the comment period to gather more information and, in view of the new administration coming in, to ask for an additional 90 days for comment. Brad Basse seconded the motion. The Planner, Commissioners and County Attorney will work on a draft of the letter of opposition and request for an extended comment period for the County Attorney's review prior to sending. Chairman Lumley asked Clerk Odde and staff to set up a meeting on this matter with Governor Freudenthal, Governor-Elect Matt Mead, the State Attorney General, the County Clerk and the County Attorney as quickly as possible. Motion carried. Consider Sponsorship of CDBG Application by South Thermopolis Water & Sewer District STWSD representatives Neil Miller, Barry Weaver and project engineer Heath Overfield came before the Commissioners to request the County's sponsorship of a Community Development Block Grant application for the ongoing STWSD expansion project. A resolution will be drafted for signature at the next Commissioners meeting if sponsorship is approved. Clerk Odde reported that the rules have recently been changed to allow entities to sponsor more than one CDBG application at a time, according to Sandy Quinlan with the Wyoming Business Council, so sponsorship of this application should have no effect on any other pending CDBG applications sponsored by the county. Mike Baker moved to approve sponsorship of the CDBG application in the amount of $500,000.00 by the South Thermopolis Water & Sewer District. Brad Basse seconded the motion. Motion carried. Chamber of Commerce Discussion Kathy Wallingford and Gene Boehmke spoke to the Commissioners about Chamber of Commerce funding issues. It appears that the 3-On-3 Basketball event will go on as scheduled due to local community support. However, the Chamber of Commerce will quite likely cease to exist in its current form as an entity by June 30th due to the fact that their historical revenue streams in the form of funding from the Lodging Tax Board, the Town of Thermopolis, and local membership renewals have not materialized. Currently the Chamber is using up its cash reserves to meet operating costs of roughly $6,000.00 per month. When the reserves are exhausted, the Chamber will close if no further funding becomes available. Currently there are two paid staff members and four volunteer staff members. Ms. Wallingford reported that they are looking at some grants to obtain funding, but their grant writers have quit and it has been difficult to recruit replacements. The Chamber is asking the County for some type of emergency funding. After much discussion, the Commissioners indicated that they did not feel this request came under the Emergency Expenditures category, and would not be able to assist the Chamber until at least the next budget session. 3 Hospital District Discussion Tom Sullivan, Charlie Myers, Bill Williams and Brian Green appeared to discuss the formation of a hospital district at this time. Mr. Sullivan presented a draft of a letter to be sent to the top ten taxpayers in Hot Springs County requesting their support for formation of a hospital district as the school bond issues have been paid off and the rural tax assessment rate has dropped from 71.200 mills to 64.655 mills. The support of those who pay 25% of the taxes in the county would be required to put the question of formation of a hospital district on the ballot. Commissioner Baker asked the speakers to outline the hospital's vision for money raised through the district and how the hospital is currently handling their funds. Dr. Williams reported that the tax money currently received by the hospital is used strictly for capital projects, and if a district is formed there will be a known revenue stream which would enable the money to be spent much more efficiently. Clerk Odde also pointed out that, as a district, the hospital could apply for its own grant and loan funding from the state and use the funding as leverage. Brad Basse moved to revise the draft letter and send it to the ten largest taxpayers in Hot Springs County asking them for their support to place the formation of a hospital district on the ballot. Mike Baker seconded the motion. Motion carried. Other Business Appoint Museum Board Member — Clerk Odde presented applications from Cynthia Garbin and Kelly Andreen for the opening on the museum board created by Janet Parrent's resignation. Votes were cast and Clerk Odde reported two votes for Andreen and one for Garbin. Brad Basse moved to appoint Kelly Andreen to the museum board. Mike Baker seconded the motion. Motion carried. Notification letters will be sent to both the applicants. Appoint Land Use Planning Board Member — Clerk Odde presented an application from Terry Tonn, Sr. for the vacancy on the Land Use Planning Board. Mike Baker moved to appoint Terry Tonn, Sr. to the Land Use Planning Board. Brad Basse seconded the motion. Motion carried. Consider Road Agreement with Mike Healy/LU Ranch — Mike Healy has signed and returned the Grass Creek Road Agreement between himself, the LU Sheep Company and Hot Springs County. Brad Basse moved to approve the Temporary License Agreement between Mike Healy, the LU Sheep Company and Hot Springs County for work outside the right-of-way on Grass Creek Road. Mike Baker seconded the motion. Motion carried. Extension Office Secretary Resignation — Jennifer Cheney has accepted the position of Hot Springs County 4-H Educator, and has resigned from her position as Administrative Assistant for the Hot Springs County Extension Office effective December 31, 2010. Brad Basse moved to accept resignation and authorize the Clerk to advertise for the Administrative Assistant position. Mike Baker seconded the motion. Discussion: Barton Stam has asked that the advertising state that resumes are due January 21, 2011, with interviews to be scheduled after that. Motion carried. Emergency Management Coordinator Appointment Letter — Due to a change in Governors, the Emergency Management Coordinator must be reappointed in accordance with W.S. 19-13-108. A letter to Governor-Elect Matt Mead recommending reappointment of Bill Gordon as the Hot Springs County Emergency Management Coordinator was presented for the Commissioners' approval. Brad Basse moved to approve the letter recommending Mr. Gordon's reappointment. Mike Baker seconded the motion. Motion carried. Lane 3 Tentative Project Schedule — Heath Overfield of Engineering Associates presented a Tentative Project Schedule for the Lane 3 project. He will contact Commissioner Baker as the County's representative in conjunction with the landowner meetings the first part of January. Coordination Seminar — Park County — The Meeteetse Conservation District is presenting a Coordination training in Park County on January 13th . Chairman Lumley attended an identical training in Casper earlier this month and asked the County Attorney and the other Commissioners to consider attending this training in Park County. He felt it was very well worth the time to learn about the coordination process as it relates to working with the state and federal government entities on things such as the Bighorn Basin Management Plan Revision. County sponsorship of part of the training will be discussed at the first meeting in January. Correspondence Museum Board Minutes Library Board Minutes WCCA — Legislative Session Schedule Department of Audit - Special District Compliance Notices 4 The foregoing items were reviewed by the Commissioners. No action was required. Fire Number Work Session Clerk Odde reported that he has been having some difficulty scheduling the WYDOT representatives for attendance at a Commissioner meeting in a timely fashion, so he is currently working on dates for a work session that could be attended by representatives from all entities concerned with the fire number relocation issue. Adjournment There being no further business to come before the Board of County Commissioners at this time, Brad Basse moved to adjourn. Chairman Lumley declared the meeting adjourned at 6:05 p.m. | ||
| Attest: | ||
| John P. Lumley, Chairman | Hans Odde, Clerk to the Board | |
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